AN OVERVIEW ON INTERNATIONAL LAW

International Law is the body of law which establishes the rules and relationship between sovereign states. The term International Law means Laws of Nations which was first coined by Jeramy Bentham in 1780. Every country is referred to as state in International Law. International organizations and international relations. It establishes normative guidelines and a framework across different domains, trade and human rights. Specifically, it aims to promote the practice of stable, consistent and organized international relations. The source of international law includes customs, treaties and general principles of law recognized by different national legal systems. The relationship between national legal system of a country and international law is complex. National law become International Law when treaties permit national jurisdiction to international jurisdictions such as the International Criminal Court.

SOURCES OF INTERNATIONAL LAW:

Under Section 38(1) of the Statute of the International Court of Justice. These sources can be classified as treaties, custom and general principles. These are obligatory in nature and legally binding on the parties.

  • International Conventions and Treaties: It states that while deciding any case, the court shall apply general or particular international treaties that are expressly recognized by the contracting party. They are binding two parties with contractual obligations and rights. Thus, it states that treaty of convention is contractual in nature. Treaties can be classified into two types i.e., Law making Treaties and Treaty Contracts.
  • Customary International Law: Custom is considered as the oldest source of international law. It refers to habitual course of conduct which is acceptable by every person living in the society. Usually , the customary rules are collected from the practice and behavior of the states. A particular custom or usage undergone with several tests to be legally recognized in the international laws.
  • General Principles of International Law: General principles of law recognized by civilized nations which are applied in all major legal systems. For example, the persons who intentionally harm others should have to pay compensation. General principles of law are used when no treaty provision or clear rule of customary law exists.
  • Hierarchy of Norms: Certain principlesin International Law are strictly followed by all the states due to its high importance. There are norms that have been accepted and recognized by International community of states.
  • International Law Commission: The ILC was established by the UN in 1948. It consists of 34 members elected by the General Assembly after being nominated by member states. The Legal Committee of the General Assembly receives the commission’s reports and debates its recommendations.

TYPES OF INTERNATIONAL LAW:

  • Public International Law: It refers to rules and regulations governing international relations between different states and international instructions. Various international organizations are set up such as United Nation and World Trade Organization(WTO).
  • Private International law: It establishes and deals with the relationship between private entities or individuals  of different countries. For example, a German Automobile Company filed a suit against Scottish company for fraud. In this case the private International laws can be applied if the party desires to do so.
  • Supranational Law: It refers to a situation in which the state surrenders to a court, their choice to make judicial decisions, which will take priority over the decision made by the national courts. The regional laws may be inapplicable  when conflicting with a suparnational legal system.

ROLE OF ICJ:

The ICJ(International Court of Justice) is the chief judicial organ of the united Nations. All the members of the UN are automatically the parties to the statute of the ICJ. The jurisdiction of the ICJ between states is subject to the principle of justice. If a dispute between two states is decided by the ICJ, the decision is final and binding on all the parties to the case. The ICJ has advisory jurisdiction. On the request of UN Security Council and the UN General Assembly, the ICJ may give his opinion on a particular case.

It can obtain jurisdiction in three ways. First, the states parties to a dispute may enter into an ad hoc agreement to refer a particular legal dispute to the court. Second, states can submit an optional clause declaration to UN Secretary-General declaring that they accept the jurisdiction of the ICJ over certain disputes. Third, International Conventions contain dispute settlement clauses called compromissory clauses allowing states parties to refer disputes.

CONCLUSION:

The International Law Commission was established to initiate studies and make recommendations for the purpose of encouraging the progressive development of international law. Due to inadequate evidence to prove the existence of  a rule or custom or a general principle, resolutions are adopted by the UN General Assembly at international conferences. If the resolution declares a set of legal principles governing a particular area, then only it is considered as a part of International Laws. Many times the customary international laws are converted into treaties through codification.

REFERENCES:

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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