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Public International Law

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Public International Law
Public International Law

Nature, Scope, Basis of Public International Law.

International Law assumes a society of nations and it governs the relationship of the members of this society. A system composed solely of legal rules and principles binding upon civilized nations only in their mutual relations.
Professor Oppenheim has defined international law in the following words :
“Law of Nations or International Law is the name for the body of customary and conventional rules which are considered legally binding by civilized States in their intercourse with each other.”
In the ninth edition of Oppenheim's book the term 'international law' has been defined as:
“International law is the body of rules which are legally binding on States in their intercourse with each other. These rules are primarily those which govern the relation of Organisations and, to some extant, also individuals may be subjects of rights conferred and duties imposed by International law.”
But like all living laws, international law is also not static. It is constantly developing and restructured in the very process of its application to the new situations.
In the words of Brierly : “ The Law of Nations or International Law may be defined as the body of rules and principles of action which are binding upon civilized States in their relations with one another.”
In the words of J G Starke : “ International law may be defined as that body of law which composed for its greater part of the principles and rules of conduct which states feel themselves bound to observe, and therefore, do commonly observe in their relations with each other, and which includes also :
(a) The rules of law relating to the functioning of international institutions or organisations, their relations with each other, and their relations with states and individuals; and
(b) certain rules of law relating to individuals and non-state entities so far as the rights or duties of such individuals and non-state entities are the concern

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