NATURE AND DEVELOPMENT OF INTERNATIONAL LAW

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Q. Discuss the nature and development of international law?

Answer

1. INTRODUCTION: International law is composed for its greater part of the principles and rules of conduct which states feel themselves bound to observe in their relation with each other. International law is necessary for maintaining the peace in the world. The origin international law can be back to the 15th century.

2. MEANING OF INTERNATIONAL LAW: International law means those laws governing the legal relations between nations.

3. DEFINITION OF INTERNATIONAL LAW: A rule of conduct imposed and enforced by sovereign in the form of command which obliges the subject to a course of conduct.

4. NATURE OF INTERNATIONAL LAW:

  1. What is International Law:
    (i) Relations of states with one another: Those principles and rules, which states observe in their relations with one another.
    (ii) International Institutions: Those rules of law, which are about working of international institutions, their relations with one another and their relations with states and individuals.
    (iii) Individuals and non-state entities: Those rules of law which are about individuals and non-state entities so for as rights and duties of individuals and non-state entities are concern of international community.
  2. Does it fulfill qualifications of law?
    (i) Qualification of law: A law becomes law property when it is legislated by some legislature, is made binding upon parties, is enforced by some enforcement force and is applied and interpreted by courts.
    (ii) Status of international law: 
    (a) International Legislature: There is no international legislature for legislation of international law.
    (b) Property court System: There is no proper court system to try arrested violators of international law and there is no hierarchy of trial and appellate courts with clearly defined jurisdiction.
    (c) Binding Obligations: International law does not create binding obligations on states.
    (d) Global police force: There is no global police force to arrest violators of international law.
  3. Defense in favour of International:
    (i) Law of nature: International law is part of law of nature. States and individuals are bound to observe law of nature, therefore they also remain bound to part of law of nature.
    (ii) Positivism: International Law is valid, because it is observed through consent of states. It also considers international law as a branch of state law, which is observed by state as external public law.
5. DEVELOPMENT OF INTERNATIONAL LAW: 
  1. Before Nineteenth Century: Before nineteenth century, law of nations influenced development of international law. Law of nations consisted of law of war and law of peace. Law of war was to limit violence of war and law of peace was to define the rules for recognition of states and governments. 
  2. During Nineteenth Century: Various agreements paved a way for development of international law during nineteenth century. Main concerns of these agreements were establishment of peace, establishment of neutrality of Switzerland and Belgium, making of rules for navigation in international rivers, codification of law of maritime warfare and creation of specific regimes for Suez canal and panama canal.
  3. During Twentieth Century: Much of development of international law was achieved during twentieth century. During this century, establishment of various international organizations and institutions, several Geneva conventions and various concepts including state responsibility, human rights, nuclear deterrence and cold war have influenced development of international law.
  4. Early Twenty First Century: During first decade of twentieth century, international law has development in respect of peace, security, human right environment economic justice and terrorism.
6. CONCLUSION: We may conclude that since development of modern state system after treaty of Westphalia that international community has begun to talk about international law and has started considering international law as a law between equal sovereign states in which no one is supreme to other.

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