Meaning Of International Law
Every society, irrespective of its population, makes a legal framework (law) under which it functions and develops. It is permissive in nature as it allows individuals to form legal relations with rights and duties and restrictive in nature as it punishes the wrong-doers. These laws are referred to as Municipal laws. The world today requires a framework through which interstate relations can be developed. International Laws fill the gap for this.
The term ‘International law’, also referred to as Laws of Nations was first coined by Jeramy Bentham in 1780. Every country is referred to as ‘state’ in International Law.
The modern international law system is a product of only the past four hundred years bearing witness to the influence of various writers and jurists of sixteen to eighteenth century, who formulated some of its most fundamental principles.
International laws are a set of rules, agreements and treaties that are binding between countries. Countries come together to make binding rules that they believe will benefit the citizens. It is an independent system of law existing outside the legal framework of a particular state.
INTERNATIONAL LAW IS A TRUE LAW:
International law is a true law because World is an international community, the conduct of the members of a community are regulated by the rules. These rules can be in the form of custom and treaties. The members of community have the consent for these rules which regulate their conduct. The international community consists of various states. These states accept that the rules of international law binding upon them.
Following laws are observed by the states without the instance of breach of any of them
a) Rules of immunity to diplomatic agent.
b) The laws of warfare.
The rules of international law are generally observed by the states. If these laws were breached, there would be a chaos in the world community. International law has been incorporated as a part of law of land in their Constitution by many states
Although, the international law is a true law, but it is a weak law. The rules of international law are not as effective as the rules of municipal laws. International law is generally observed for the purpose of peace for relations and co-operating among the states.
International law is a weak law because of the following grounds
1) Rules of international law exist due to international treaties and customs. They are not as efficient as the state legislative machinery.
2) Sometimes, the formulation of treaties and customs gives very wide option to the states which are parties to it.
3) There is no court which can decide all the legal dispute between all the states. The International Court of Justice although exists, it acts only with the consent of states. Hence, it has no jurisdiction to decide the disputes of all the states.
4) There are no effective measures for the enforcement of international law
5) International laws are violated by states, on many occasions, especially during war.
6) Some of the units of international community are very strong. Hence, it is not possible to compel the observance of international law by these units. Because of these reasons, it can be said that the international law is a weak law.
Dr. Lal Tanwani
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