08,Feb 2024
International law is involved with several legal norms, regulations, rules, and standards that help in governing relations between sovereign states and other bodies. International law was originated by the English philosopher Jeremy Bentham (1748–1832). He defines international law as a body of regulations guiding relations between states. The evolution of international law states that traditional definition of international law omits the international organizations and individuals.
Read Also – International Law Course
International law is different from international comity that includes legal nonbinding practices taken by state for courtesy, i.e. saluting the flags of foreign warships at sea. Furthermore, the study of international law is also known as public international law. It is different from the field of conflict of laws which is also known as private international law.
Types of International Law
International law can be categorized into three different types, i.e. Public International law, Private International law and Supranational Law. Let’s discuss these sorts of international law in detail.
Public International Law
Public international law refers to rules and regulations that govern international relations between different international institutions and states. It forms rules related to the environment, the ocean, international business, human rights, and other mankind.These rules are applied to international organizations like the World Trade Organization (WTO) and the United Nation (UN). Different Public International Law aspects include Custom, Standard Behaviour, and Legal Codes. We can include a convention, a convention on the Rights of the Child, making sure that the child protection rights in the signatory countries.
Private International Law
Private international law is also considered as Conflict of Laws. Ulrich Huber used the term in his book named “De Conflictu Legum Diversarum in Diversis Imperiis in the year 1689. It comes with a set of laws and rules that a jurisdiction applies to a transaction, case and other. This form of law deals with numerous topics such as torts, international contracts, family matters, intellectual property, real property, and more.
Supranational Law
Supranational law is termed as a scenario in which a country or state surrenders its authority to make specific judicial judgments to a court of their choice, which would supersede any decisions rendered by national courts. It differs from Public International Law. For instance, the European Union (EU) represents supranational law. In compliance with EU laws, the European Court of Justice has the authority to overrule any courts under EU member states.
Sources of International Law
The main sources of international law are treaty law, international customary law, general principles of law and others. Let’s understand the sources of international law in detail.
Treaty law
States willingly sign and ratify treaties and conventions, which means they are bound to abide by them. These agreements are sometimes referred to as legislation or protocols, control how states interact with one another. However, only the states that have ratified and signed a treaty are bound by it.
The essential legal guidelines pertaining to treaties are outlined in the 1969 Vienna Convention on the Law of Treaties. The Vienna Convention provides provisions for treaty interpretation, dispute resolution procedures, reservations, and the definition of a treaty as well as information on who is authorized to conclude a treaty. Pacta sunt servanda, or the precept that agreements must be honored and followed, forms the foundation of treaty law.
Reservations, declarations and derogations
Disagreements on the breadth and depth of the agreement are frequent since several states are participating in the treaty-drafting process. To increase the number of treaty signatories and ratifiers, states are allowed under international law to limit the treaty's full application or to expressly interpret its legal terms in a way that suits their own interests. To achieve this, derogations, declarations, and reservations are employed.
Customary international law
Customary international law is a body of norms derived from a widespread practice. Customary international law refers to all written and unwritten regulations that support the general idea of fairness in international law. Similar to treaty law, which only applies to governments who have signed and ratified a particular agreement, customary law is mandatory for all states, whether or not they are signatories? Treaty law offers advantages over this. First of all, it is not well-defined or easily comprehensible. Second, compared to treaties, the guiding ideas of customary international law are sometimes less explicit.
Merits/Demerits of International Law
Scope of International Law
The field of international law has grown rapidly as the world are interconnected, providing a wide range of diverse and demanding opportunities for lawyers. International law covers a wide range of topics, from commerce and environmental protection to human rights and diplomacy. Its reach is broad and ever-changing.
Diplomacy and Foreign Relations
Diplomacy and foreign relations are one of the principal areas covered by international law. The legal foundation for diplomatic relations between states is provided by international law, which also shapes the treaties, conventions and agreements that promote peaceful and collaboration coexistence. In order to manage complicated international challenges, build connections, and settle conflicts diplomatically, diplomats and legal professionals collaborate.
Human Rights and Humanitarian Law
Human rights are one of the most important aspects of international law. The freedom and rights that are inalienable to every person, regardless of nationality or race, are established by international human rights law. Experts in this domain collaborate with non-governmental organizations (NGOs), international organizations, and governmental entities to tackle matters including prejudice, torturing, and safeguarding vulnerable communities. The International Criminal Court is a well-known forum for the prosecution of those who are charged with serious crimes, emphasizing accountability on an international level.
International Criminal Law
International Criminal Law is a branch of law that deals with the prosecution of individuals for crimes against humanity, war crimes, genocide, and other serious international crimes. It is a complex and specialised field that aims to hold perpetrators accountable and ensure justice for victims of these crimes. The importance of international criminal law has increased with the creation of organizations like the International Criminal Court (ICC). International criminal are essential in prosecuting offenders and pursuing justice worldwide.
International Trade and Business Law
Cross-border transactions and disputes are governed by international trade and commercial law. International trade lawyers are in charge of negotiating trade agreements, managing complicated regulatory systems, and resolving disputes that result from multinational business activities.
Environmental Law and Sustainable Development
The scope of international law broadens to sustainable development and environmental protection. Legal professional pays attention to agreements and treaties in order to address issues like biodiversity conservation, climate change, and optimal use of natural resources. International environmental law is pivotal in fostering global cooperation to tackle pressing ecological challenges.
Arbitration and Dispute Resolution
Through arbitration and other alternative dispute resolution procedures, international law provides a forum for the settlement of conflicts between states, organizations, and people. In order to provide fair and unbiased dispute resolution procedures that prevent protracted legal fights, arbitrators and attorneys in this sector serve as facilitators of discussions.
Cross-Cultural Collaboration
The cross-cultural component of international law is one of its distinctive features. Language barriers, cultural conventions, and several legal systems must be negotiated by professionals in this industry. Proficiency in various languages, cultural awareness, and a comprehensive understanding of worldwide issues are needed for successful participation in the international legal area.
Conclusion
In end, international law serves as the cornerstone for regulating relations between sovereign states and other bodies with the global area. Originating from the ideas of Jeremy Bentham, it has advanced to encompass no longer interactions among states but involving international organizations and people. This field of law accommodates various types, which includes private international law, public international law, and supranational law, each addressing distinctive elements of international relations and governance.
The sources of international law including customary international regulation and treaty law, offer the legal framework upon which states base their obligations and interactions. While treaty law relies on written agreements among states, international law emerges from common practices and principles upheld through the global network.
International law comes with a huge merit list which ranges from facilitating diplomacy and foreign relations to promoting humanitarian regulation, human rights, and international criminal justice. Moreover, it plays an important role in regulating international businesses and trades, addressing environmental issues, and offering mechanisms for arbitration and dispute resolution. Additionally, international law promotes cross-cultural collaboration, requiring legal experts to navigate cultural, linguistic, and legal diversity to obtain meaningful international cooperation.
As the world becomes increasingly interconnected, international law continues to adapt and expand, reflecting the evolving dynamics of the worldwide community. Its enduring relevance underscores its importance in promoting justice, peace, and cooperation amongst nations in the contemporary world.
REFERENCES
- https://en.wikipedia.org/wiki/International_law
- https://testbook.com/ias-preparation/international-law
- https://blog.ipleaders.in/scope-international-law/
- https://blog.ipleaders.in/international-law/