INTERNATIONAL LAW
International law is involved with several legal norms, regulations, rules, and
standards that help in governing relations between sovereign states and other bodies.
International law was originated by the English philosopher Jeremy Bentham (1748–
1832). He defines international law as a body of regulations guiding relations
between states. The evolution of international law states that traditional definition of
international law omits the international organizations and individuals.
International law is different from international comity that includes legal
nonbinding practices taken by state for courtesy, i.e. saluting the flags of foreign
warships at sea. Furthermore, the study of international law is also known as public
international law. It is different from the field of conflict of laws which is also known
as private international law.
What is the aim of International law?
The existence of international law is the result of increased interstate engagement. It
mainly aims to maintain international peace and security among different states. It
also helps in:
1. promotion of friendly relations among the member states (members of the
International community, for example, United Nations),
2. providing for basic humanitarian rights,
3. to solve International problems through international cooperation,
4. to refrain the state from using threat or force over the territory of any other
state to provide for right to self-determination to people, and
5. to use peaceful methods to settle international disputes are few of its
functions.
Who are the subjects of International Law?
It is referred to as entities who have a legal personality, with certain rights and duties
under the international legal system.
State is considered to be the primary and original subject of international law.
However, it also regulates the actions of other entities:
• Individuals – Common people of any state are also believed to
be the subject of international law.
• International Organizations – It is an association of states,
established by a treaty between two or more states. International
Organizations too have a legal personality and are considered to
be the subject of international law. For example, the United
Nations.
• Multinational Companies – They own and operate their
corporate entities in at least one other country aside from the place
where it was incorporated, therefore it is established in more than
one nation.
All are considered to be subjects of international law and are enshrined with both
rights and duties.
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.
