Origin of International Law
ORIGINS OF INTERNATIONAL LAW
PRELUDE:
Man is a social animal, in the past it has been living in caves, as the time passed man gradually became civilized and started living in communities. In past there were no laws and rules to be followed by the human being. In the long march of mankind from the cave to the computer a central role has always been played by the idea of law- the idea that order is necessary and chaos inimical to a just and stable existence. Every society has a framework of principles to develop.
Law is element which binds the members of community together. Law consists of a series of rules regulating behavior and reflecting to some extent the ideas and preoccupations of the society within which it functions. Every society is required to have relations with other societies, and in order to regulate the relations between the states there is required a system of law. And so it is with what is termed international law, with the important difference that the principal subjects of international law are nation-states and not the individual citizens. There are many contrasts between the law within a country (municipal law) and the law that operates outside and between states, international organizations and, in certain cases, individuals.
International law itself is divided into conflict of laws (or private international laws) and public international law (termed international law).1
The former deals with cases in which foreign elements obtrude, raising questions as to application of foreign law or role of foreign courts.2 Public international law covers relations between states in all their myriad forms, from war to satellites, and regulates the operations of many international institutions. It may be universal or general, or regional.
The rules of international law are different from international comity, or practices such as saluting the flags of other nation. It must also be distinguished from international morality though they meet at some
PRELUDE:
Man is a social animal, in the past it has been living in caves, as the time passed man gradually became civilized and started living in communities. In past there were no laws and rules to be followed by the human being. In the long march of mankind from the cave to the computer a central role has always been played by the idea of law- the idea that order is necessary and chaos inimical to a just and stable existence. Every society has a framework of principles to develop.
Law is element which binds the members of community together. Law consists of a series of rules regulating behavior and reflecting to some extent the ideas and preoccupations of the society within which it functions. Every society is required to have relations with other societies, and in order to regulate the relations between the states there is required a system of law. And so it is with what is termed international law, with the important difference that the principal subjects of international law are nation-states and not the individual citizens. There are many contrasts between the law within a country (municipal law) and the law that operates outside and between states, international organizations and, in certain cases, individuals.
International law itself is divided into conflict of laws (or private international laws) and public international law (termed international law).1
The former deals with cases in which foreign elements obtrude, raising questions as to application of foreign law or role of foreign courts.2 Public international law covers relations between states in all their myriad forms, from war to satellites, and regulates the operations of many international institutions. It may be universal or general, or regional.
The rules of international law are different from international comity, or practices such as saluting the flags of other nation. It must also be distinguished from international morality though they meet at some