This article has been written by Ms. Diprava Ghosh , a _2__ year student of Adama university , Kolkata, Barasat .
ABSTRACT
Every society, regardless of population size, create laws to govern how they operate and grow. It is restrictive in that it punishes wrongdoers and liberal in that it permits people to establish legal relationships with rights and obligations. Municipal laws are the name given to such legislation. A foundation for the development of interstate relations is necessary in today’s society. International Laws cover this void. Jeramy Bentham initially used the term “international law,” often known as the “Laws of Nations,” in 1780. International law refers to all nations as “states.”
International law fulfils the same social purpose as various other kinds of law. This refers to a way in which a society can self – assemble into itself, specifically, it is the international community of all human societies. Law is a framework of legal relationships that limits social conduct in ways that advance the interests of all. Legislation is the result of social processes that regulate the creation and implementation of legislation, as well as identify the common interest of society. The international legal system governs the international public sphere and the interplay between its subordinate public spheres, integrating all subsidiary legal frameworks.
Keywords – Frame work, Law, International, Various, Public, Nation.
INTRODUCTION
Bentham’s traditional definition of international law states that it is a body of regulations governing interstate relations. In its broadest sense, international law provides normative guidelines as well as methods, mechanisms, and a common conceptual language to international actors primarily sovereign states but also increasingly international organizations and some individuals. Beyond the traditional concerns of war, peace, and diplomacy, the scope of topics and parties directly impacted by international law has expanded significantly. These now include human rights, trade and economic concerns, space law, and international organization. Ensuring the observance of these drafted and agreed upon international regulations is crucial.
MEANING
The sixteenth to eighteenth century thinkers and jurists who developed some of the core tenets of the present international legal system have left their mark on the system, which dates back only 400 years.
A collection of regulations, treaties, and agreements that bind nations together are known as international laws. Together, nations create legally enforceable regulations that they feel will be beneficial to their people. It is an unique legal system that operates outside of a certain state’s legal system.
WHAT DOES INTERNATIONAL LAW TRY TO DO?
Growing interstate engagement is what gave rise to international law. Its primary goals are to promote international peace and security between various nations. It is also beneficial in:
Promoting warm relationships between the member nations (of the international community, such as the united nations), defending fundamental human rights, and utilizing international collaboration to address global issues.
Among its duties are to protect people’s right to self-determination, to prevent the state from utilizing force on threat of force on another state’s territory, and to utilize peaceful means of resolving international disputes.
TYPES OF INTERNATIONAL LAW
International law can be broadly divided into three types: Public international law, private international law and supranational law.
- INTERNATIONAL PUBLIC LAW
It relates to the guidelines that control how various states and nation interact with one another on a global scale. It establishes standards for the environment, global trade, the ocean, human rights, and other areas affecting all people. International organisations such as the world trade organization (WTO) and the United Nations (UN) are subject to public international laws.
Aspects of Public International Law:
Custom: Regular state actions based on opinio juris, or the conviction that certain actions must be taken because they are required by law. Accepted worldwide as standard conduct, just cogens. Treaties are legal codes that are mentioned.
For instance, several, nations have signed the Kyoto protocol, a climate pact that calls for a reduction in greenhouse gas emissions in order to protect the environment. One option is use the convention on the rights of the Child, which guarantees the protection of children’s rights in nations that have ratified it.
- PRIVATE INTERNATIONAL LAW
The term “conflict of laws’ is another name for it, and Ulrich Huber coined it in his 1689 book ‘ De Conflictu Legum Diversarum in Diversis Imperiis.’
The relationships between individuals and private entities in other nations are established and addressed by private international law. Individuals from all over the world frequently connect with one another to develop legal relationships.
For instance, an Indian woman and an American man got married in India and are currently residing in Los Angeles. If they ever decide to get a divorce, they will have to travel to either an Indian or US court according to the regulations of private international law.
The same is true for businesses as well. International trade has been facilitated by globalization. For instance, if you wish to sue a foreign business or organization that cheated you, the guidelines of private international law will apply.
- SUPRANATIONAL LAW
It is a scenario where a country or state cedes its authority to make specific judicial decisions to a court of their choosing. Which will supersede any decisions made by national courts. It differs from public International Law in this way. For instance, the European Union (EU) represents supranational legislation. In compliance with EU legislation, the European court of justice has the authority to override all courts located within EU member states.
THE SIGNIFICANCE AND PURPOSE OF INTERNATIONAL LAW
Relevance and Flnternational law developed as a result of need. International Law grew as interaction on a global scale increased. The most practical method of governing global order in the modern world is international law. Maintaining international peace and security, which upholds fundamental freedoms, rights, and human rights, forbids states from using force or threats against the territorial integrity of other states, grants people the right to self-determination, solves international problems through fostering international cooperation, and settles disputes peacefully are all goals of international law, The implementation of international law.
INTERNATIONAL LAW FUNDAMENTALS
The following two tenets form the foundation of international law:
Jus Gentium: This collection of guidelines oversees the relations between two countries but is not included in any formal act.
Jus Inter Gentes: These are agreements and treaties that both countries mutually approve.
The functional channels provided by international law enable the peaceful resolution of disputes. It primarily addresses the obligations, rights, and interests of the State.
LANDMARK CASE ON INTERNATIONAL LAW
- Corfu Channel case
(Heard from 1947 to 1949 before the International Court of Justice)
Topic- The concept of innocent passage and state liability for maritime damages.
Facts-
- This lawsuit examined Albania’s liability for mining the Corfu waterway and the subsequent harm two British naval vessels sustained as a result of the mines striking them.
- Two British warships struck mines in the Albanian Seas in October 1946. Forty-five British officers and soldiers lost their lives, 42 were injured, and both destroyers suffered significant damage.
- After that, in November 1946, without Albanian permission, the British Navy investigated the Albanian seas in the Corfu Channel for mines. The United Kingdom filed an application to start legal proceedings against the People’s Republic of Albania in order to establish that the government of Albania was responsible for the incident’s consequences on a worldwide scale and had to provide compensation.
- In response, Albania has counterclaimed against the UK for encroaching into its territorial seas. According to the British administration, between May 15 and October 22, 1946, the minefield that set off the explosions was laid by the Albanian government, either with their consent or knowledge.
- Albania was consequently forced to pay the UK government back for the explosions and fatalities. The second question in the Special Agreement concerns the actions of the British Navy in Albanian waters on November 12 and 13, 1946, when the UK government carried out a minesweeping operation known as “Operation Retail” without Albania’s consent. It also concerns the passage of the British warships on October 22, 1946.
ISSUES-
1) Should international highways cross the North Corfu Channel?
2) Does Albania have to make any kind of reparation payment or is it exempt from liability under international law for the events that occurred in the Albanian seas on October 22, 1946, and the resulting damage and deaths?
COURT HEARING HOLDING
According to the general view, Albania was responsible for the explosions that caused the destruction and fatalities that the United Kingdom had to endure. Since Albania maintained constant Channel surveillance and hence should have been aware of the Corfu Channel, it was held guilty by majority.
CONCLUTION
International law is a body of regulations that are legally binding between states and is designed to maintain peace and security among them. Under international law, the questioning party may also be an individual as well as a nation or state. Furthermore, Article 38 of the ICJ statute, which lists conventions, treaties, and general principles as the sources of international law, codifies the various sources from which it has evolved. International law exists to uphold global peace and order, resolve conflicts between numerous states, countries, and individuals, and protect fundamental rights. Still, there are a number of issues that continue to negatively impact international relations.
REFERENCES
1.This Article originally written by John H. Crabb and published in this site link – https://commons.und.edu/cgi/viewcontent.cgi?article=3009&context=ndlr
- This article is written by Rachit Garg from University of Petroleum and Energy Studies, Dehradun. Originally it published in ipleaders, here the link- https://blog.ipleaders.in/international-law-meaning-definitions/#Introduction
- It’s for case laws, the link – https://academic.oup.com/ejil/article/10/1/31/600883