0
0
International law, also called public international law or law of nations, the body of legal rules, norms, and standards that apply between sovereign states and other entities that are legally recognized as international actors. The term was coined by the English philosopher Jeremy Bentham (1748–1832).
Internation Law in India
Art. 51 of the Indian Constitution directs the State that it shall endeavor to foster respect for international law and treaty obligations in the dealings of organized peoples with one another.
The Honorable Supreme Court has very well established and stated in the case of Apparel Export Promotion Council v. A.K. Chopra, that domestic courts are under an obligation to give due regard to the international conventions and norms for construing the domestic laws, more so, when there exists no inconsistency with any of the domestic laws.
The rules laid down in the aforementioned International Instruments casts an obligation upon the States to oblige and follow the standards of International Humanitarian norms during internal and external armed conflicts. Furthermore, it is also provided that International law can be used to provide a relief contained in a covenant that is not expressly mentioned in national law.
Branches of International Law
1 . Jus Gentium
Referred to as ‘laws of nations’ in Latin, considered to be those set of rules part of those portions of law mutually governing a relationship between two nations and do not form part of a legal code or a statute.
- Jus Inter Gentes
Referred to as ‘law between the peoples’, considered to be those agreements and treaties, mutually accepted by both countries.
Types of International Law
- Public International Law
It refers to rules and regulations governing international relations between different states and international institutions.
Public international laws apply to international organizations like the United Nation (UN) and the World Trade Organization (WTO).
- Private International Law
It is also referred to as, ‘Conflict of laws’ and the phrase was first used by Ulrich Huber in his book- ”De Conflictu Legum Diversarum in Diversis Imperiis” in 1689.
Private International Law establishes and deals with the relationship between citizens/private entities of different countries.
Branches of International Law
Jus Gentium : referred to as ‘laws of nations’ in Latin, considered to be those set of rules part of those portions of law mutually governing a relationship between two nations and do not form part of a legal code or a statute.
Jus Inter Gentes : referred to as ‘law between the peoples’, considered to be those agreements and treaties, mutually accepted by both countries.
Subjects of International Law
States are considered as the original and major subject of International law and their legal personality derived from the international system structure. And one good thing is that all the states enjoy equal rights and international legal personalities.
International Organizations are an association of different states which are formed with the help of a treaty or agreement between different nations and its function goes beyond the states and deals with the conflict of nations. With the establishment and rise of international organizations in the early 19th century, the legal status of international organizations in International law is questioned. But, the status of international organizations is determined to be a convention among the states.
Non-State entities are those types of entities that are not registered as an independent state and also not have a legal status like the states have. The Non-State entities have a special type of personality in International law.
