International law also recognized with the name of Public international law and law of nations is a system of rules, norms, and standards that are widely accepted as binding among nations. It sets normative norms as well as a shared conceptual framework for governments in a variety of areas, including war, diplomacy, trade, and human rights International law attempts to foster the practice of organized, stable, and consistent international interactions. Private international law and public international law are the two most common categories of international law.
“Private international law” is concerned with disagreements between private entities, such as individuals or corporations, who have ties to multiple countries. For example, claims originating from the deadly gas release at Union Carbide’s industrial installations in Bhopal, India, would be deemed an issue of private international law. [1]
The term “public international law” refers to the rules that govern international interactions. International standards of conduct, maritime law, economic law, diplomatic law, environmental law, human rights law, and humanitarian law are among them. Some elements of public international law have been set down, or “codified,” in a series of treaties, while others have not. These are referred regarded as “customary.”

International law differs from state-based legal systems in that it is primarily — though not exclusively — applicable to countries rather than individuals, and it is largely based on consent, as there is no internationally recognized authority to enforce it on sovereign states. As a result, states may choose to disregard international law, even breaking a treaty.
Coercive action, ranging from military intervention to diplomatic and economic pressure, can be used to respond to such infractions, particularly of customary international law and peremptory rules (jus cogens).

The same clause in the legislation of the Permanent Court of International Justice, which operated under the auspices/support of the Legal of Nations in 1920, was adopted as Article 38(1)(a-c) of the ICJ. The fundamental origins of international law are discussed as follows.

Customs- The earliest and most authentic sources Custom is a term used to describe the law. The standards of customary international law are the result of a protracted historical process that has attained widespread acceptance. Because there is no written source of law, the presence of customary rules can be inferred from state practice and behavior.

Treaties and conventions- One of the most important sources of international law is treaties and conventions. These agreements might be multilateral or bilateral in nature. Multilateral conventions are treaties that set down the law’s global or wide application. Bilateral conventions, on the other hand, are those that are formed solely by two governments to deal with a specific issue that concerns them.

General principles of international law- Most modern jurists accept general principles of law as common to all national legal systems, in so far as they are applicable to the relations of States. There are fewer decided cases in international law than in a municipal system and no method of legislating to provide rules to govern new situations. It is for such a reason that the provision of ‘the general principles of law recognized by civilized nations’ and was inserted into article 38 as a source of law. [2]

Judicial decisions- The decisions of international and local courts, as well as academic publications, can be used to recognize the law established in other sources, rather than as a source of law in and of themselves. In practice, the International Court of Justice does not refer to domestic rulings, albeit it does rely on its precedent. In international law, there is no such thing as stare decisis. Except between the parties and in that specific case, the Court’s ruling has no binding effect.] Nonetheless, the Court frequently referred to previous rulings and advisory opinions to back up its explanations in current cases.
Resolutions of the General Assembly are frequently considered by the International Court of Justice as indicators.

Judicial writings- The ‘teachings of the most highly competent publicists of the several nations’ are also among the subsidiary means for the formulation of the principles of law,’ according to Article 38(1)(d) of the International Court of Justice Statute. Although notable jurists’ scholarly writings are not sources of international law, they are crucial in formulating the norms that are based on treaties, tradition, and the common law. [3]

To sum up , Article 38 of the ICJ statute recognizes customs, treaties, and general principles as official sources of international law. The global court’s judicial decisions Through their theories and concepts, various philosophers and juristic theorists have illuminated the philosophy of international law. International law aids in the identification of states as members of the global community through a variety of means in order to grant them rights and responsibilities, on the other hand, serve as advisory opinions in influencing the evolution of international law.

References- [1] https://en.wikipedia.org/wiki/International_law

[2] https://blog.ipleaders.in/sources-international-law/#Primary_Sources

[3] https://en.wikipedia.org/wiki/Sources_of_international_law#Treaties_as_law

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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