Kamakshi Jasra, Legal Student.
Baroda School of Legal Studies, M.S.University.
International law cannot be defined per se. The concept of International Law is not only complex but also dynamic. But, in a nutshell, we can say that International law is a body of rules that nations recognize as binding upon one another in their mutual relations. However, International Law is evolving from the Morality principle to a more enforceable norm.
In basic conception, International law consists of a common body of norms or principles which are used in the solution of diverse problems. It is essential that such norms or principles be applied consistently in order to promote the objectivity and uniformity associated with “law” as opposed to ad hoc or unprincipled decision-making in which a different rule is developed for each problem. Upon the basis of this premise, International law may be accurately regarded as a set of uniform principles which require at least minimum standards of reasonable and humane conduct in the world community.
International Laws are normative in nature. They have a futuristic view and are especially inclined towards morality. They are not laws as per the precise sense of the term but they are followed by various Nation States as a part of the declaration of their Unity with other Nation States. International Law is the law that governs International relations and various aspects of governance. The incorporation of various treaties and protocols has, to a large extent, minimized the disregard for the rights of a Nation-State.
The principles of International Law are established by consent and agreement. Express agreement is usually termed treaty or conventional law, and implicit agreement is usually termed customary law. Both are based primarily upon the consent of States as manifested by their governments, although other participants including International public bodies and individuals have a role to play. International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards. It differs from other legal systems in that it concerns states rather than private citizens. However, the term "International Law" can refer to three distinct legal disciplines: • Public international law, which involves for instance the United Nations, maritime law, international criminal law and the Geneva conventions. • Private international law, or conflict of laws, which addresses the questions of (1) in which legal jurisdiction may a case be heard; and (2) the law concerning which jurisdiction(s) apply to the issues in the case. • Supranational law or the law of supranational organizations, which concerns at present regional agreements where the special distinguishing quality is that laws of nation states are held inapplicable when conflicting with a supranational legal system. The two traditional branches of the field are:
• jus gentium — law of nations
• jus inter gentes — agreements among nations
In its most general sense, International law “consists of rules and principles of general application dealing with the conduct of states and of intergovernmental organizations and with their relations inter se, as well as with some of their relations with persons, whether natural or juridical.” Enforcement of International Laws:
There are mainly two aspects that hamper the enforcement of International Law. They are:
1. Conflict between International Law and National Sovereignty or Municipal Laws. 2. The Weakness in terms of Enforcement Agencies.
1. Conflicts between Public International law and National sovereignty
The conflict between International law and national sovereignty is subject to vigorous debate and dispute in academia, diplomacy, and politics. Certainly, there is a growing trend toward judging a...