Q What is the definition and origin of International Law? Also discuss Nature, Scope, Source. International law and Domestic Law may also be differentiated.
Definition:
International Law is the law which determines the general conduct of civilized states in their dealing with each other. International law maybe defined as the body of legal rules binding upon states in their relations with one another. It is a law whose primary function is to regulate the relations of states with one another. International law prescribes procedure for international agreements.
Origin of International Law:
The ancient Jews, Greeks, Hindus and Muslims started with the International law and good code of conduct. Later on European colonial powers also contributed to International law. The Dutch Jurist, scholar and diplomat 'Grotius' is called the father of "Law of nations". However, the term International Law was coined by Bentham which is synonymous with the Law of Nations. Modern International law cam,e into being in 1920 during the League of Nations period.
Nature of International Law. Difference Municipal law and International Law:
There is a controversy regarding the nature of International law, whether it is a law or not. Some say that in the absence of centralized legislature. executive and judicial authority, it is disqualified as a law, while others say that they are inter-state rules with the consent of international community.
There is a difference between State(domestic/municipal) and International law. International alw is a law between states while municipal law applies within a state about the relation of its citizens. The scope of modern International alw has widened. The subject of International Law are both states and individuals.Therefore International alw is superior to national and municipal law. The public international law is concerned with the rights, duties and interests of individuals.
Scope of International Law:
The modern International alw unlike the traditional law from 1920 onwards, applies to several other entities e.g. International organizations, individuals and non-state entities. It has extended its operations further in the post world war-II period In the post war periods, the establishment of U.N.O, W.H.O, I.L.O tec have tremendously extended the scope of International alw.
Sources of International law:
The most important source of International alw are treaties, customs, decisions of tribunals and commissions setup at International level and decisions of the International court of justice. the treaties are the most important source of International law. An important multi-lateral treaty was the treaty of Westphalia (1648), Vienna Congress in 1815, Treaty of Versailles in 1919. ICJ has given a large number of judgements and advisory opinions and has contributed much to the International law.
A state is not bound by a treaty obligation until it incorporates it into its municipal law and the rules of international law are enforceable by consent. International law gives a procedure for the making of international procedure.
Definition:
International Law is the law which determines the general conduct of civilized states in their dealing with each other. International law maybe defined as the body of legal rules binding upon states in their relations with one another. It is a law whose primary function is to regulate the relations of states with one another. International law prescribes procedure for international agreements.
Origin of International Law:
The ancient Jews, Greeks, Hindus and Muslims started with the International law and good code of conduct. Later on European colonial powers also contributed to International law. The Dutch Jurist, scholar and diplomat 'Grotius' is called the father of "Law of nations". However, the term International Law was coined by Bentham which is synonymous with the Law of Nations. Modern International law cam,e into being in 1920 during the League of Nations period.
Nature of International Law. Difference Municipal law and International Law:
There is a controversy regarding the nature of International law, whether it is a law or not. Some say that in the absence of centralized legislature. executive and judicial authority, it is disqualified as a law, while others say that they are inter-state rules with the consent of international community.
There is a difference between State(domestic/municipal) and International law. International alw is a law between states while municipal law applies within a state about the relation of its citizens. The scope of modern International alw has widened. The subject of International Law are both states and individuals.Therefore International alw is superior to national and municipal law. The public international law is concerned with the rights, duties and interests of individuals.
Scope of International Law:
The modern International alw unlike the traditional law from 1920 onwards, applies to several other entities e.g. International organizations, individuals and non-state entities. It has extended its operations further in the post world war-II period In the post war periods, the establishment of U.N.O, W.H.O, I.L.O tec have tremendously extended the scope of International alw.
Sources of International law:
The most important source of International alw are treaties, customs, decisions of tribunals and commissions setup at International level and decisions of the International court of justice. the treaties are the most important source of International law. An important multi-lateral treaty was the treaty of Westphalia (1648), Vienna Congress in 1815, Treaty of Versailles in 1919. ICJ has given a large number of judgements and advisory opinions and has contributed much to the International law.
A state is not bound by a treaty obligation until it incorporates it into its municipal law and the rules of international law are enforceable by consent. International law gives a procedure for the making of international procedure.
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