This article has been written by Ms DIPRAVA GHOSH a 2year student of ADAMAS UNIVERSITY, West Bengal.

ABSTRACT 

According to the philosophical notion of natural law, moral principles, obligations, and rights are ingrained in human nature. The foundation of natural law theory is the notion that natural laws are abstract ideas that transcend all cultures and practices. Nevertheless, it is the way society behaves in a fundamentally human sense. For a student of national relations, there is no endeavour more crucial than comprehending the significance of the tradition that upholds the presence of natural law in his field. During the time when the positive law of Christendom was beginning to command attention but the modern international society was not yet taking shape, natural law played a crucial historical role in the emergence of the European states-system. The idea that princes and peoples were bound by laws in their relations with one another rested heavily, if not entirely, on natural law doctrine. The natural tradition is also essential to the critical study of normative in international politics because it offers a wealth of argumentative material for any analysis of, among other things, the legitimacy of intervention, the rights of sovereignty, or the rationale for treaty obligations.

KEYWORDS 

Philosophical, Natural, Law, Tradition, Obligations.

INTRODUCTION 

Greek philosophy serves as the foundation for a larger school of thought that includes natural law as an area of law. Theories that identify as “natural law” have undergone significant development and revision, and their conception of the issues raised in the conflict between proponents and opponents of natural law has changed significantly. This essay will concentrate on natural law as a theory of law, specifically as it relates to international law, but it will also need to place the relevant material within the larger framework of natural law theory. If any common thread unites the numerous natural law philosophies, it is the fundamental belief that a broader understanding of being, or at least human being, is the source from which human life and its essential customs and institutions, including law, must be understood. Natural law theories therefore hold that an understanding of law requires a more comprehensive philosophical understanding of reality, whether that entails an explanation of human needs and interests, transcendent values based on religious convictions, or a comprehensive metaphysical explanation of the universe. According to natural law views, morality—which includes the nature of God, the prime being—relates to the nature of being, including human beings, and hence to the legitimacy of laws. While natural law has ancient roots, Augustine and particularly Thomas Aquinas’ ideas are the foundation of natural law philosophy. Later Scholastics, who developed natural law accounts of international law and started applying natural law to the concepts of international relations, war, and peace, were greatly influenced by the ideas of Thomas Aquinas. Natural law is the underlying ethical and philosophical foundation that directs morality and human behaviour. It influences the terminology, norms, and ethical considerations of international law and is applicable to all cultures and societies. Comprehending the function of natural law in the definitions of international law exposes a multifaceted interaction between philosophy, ethics, and legal standards, with the goal of surpassing geopolitical barriers and creating a collective structure for morally and justifiably acting.

UNDERSTANDING NATURAL LAW

It is claimed that the natural law notion existed independently of human comprehension, governmental structures, or legislative authority. To put it another way, natural law takes into account the notion that people are naturally able to distinguish between what is right and evil. In essence, it comes to the conclusion that natural law is something that humans discover on their own by making morally correct choices. It is therefore stated to be discoverable by applying reason. Natural law is an idea that stresses moral principles and human behaviour. It was created by thinkers such as Aristotle, Plato, and Thomas Aquinas. Positive law, which is human-made legislation that imposes restrictions on particular behaviours and is passed for the sake of social governance, individual rights, conflict resolution, and upholding safety and order, should not be confused with it. Natural law is still a contentious concept despite its intricacy.

HISTORY OF NATURAL LAW 

Natural law was defined by the Greek philosophers Aristotle and Plato, who also introduced the ideas of positive law and natural justice. This supported the creation of positive law, governance, and legal rights and gave rise to contemporary natural law theories like the social compact theory. It is still up for contention whether positive and natural law coincide as philosophy theory develops.

IMPORTANCE OF NATURAL LAW

Because natural law is still used to moral, political, and ethical systems today, it is significant. It has been utilised to comprehend and debate human nature, and it has had a significant impact on the development of political and philosophical thinking.

UNIVERSAL MORAL FOUNDATION

A global moral foundation is a body of ethical precepts that apply to all people regardless of their cultural, religious, or social background. It is founded on the idea that morality is intrinsic and that everyone have a shared moral sense, and it is fundamental to the philosophical idea of natural law. These ideas refute cultural relativism and can be found by reason and critical thought. They serve as the cornerstone for ethical agreement amongst various people and societies and are frequently the foundation for human rights. However, because there are different perspectives on what universal morality is, putting it into practice might be difficult. The idea is frequently linked to the natural law hypothesis, which holds that the natural order is based on objective moral standards.

HUMAN RIGHTS AND DIGNITY

Basis for Human Rights: The philosophical basis of human rights is natural law, which holds that people have inherent rights simply by virtue of being human. Individual Dignity: It highlights the fundamental human dignity that serves as the cornerstone for international law’s protection of human rights.

ENVIRONMENTAL ETHICS

Ethical Aspects in Environmental policy: By highlighting the moral obligation to preserve the environment, natural law principles can be expanded to support ethical aspects in international environmental policy.

FOUNDATIONAL CONCEPTS IN INTERNATIONAL RELATIONS

Global Ethical Standards: By offering a common moral foundation for relations between nations, natural law aids in the formation of global ethical standards. Moral Obligation in International Conduct: It suggests that states have a moral obligation to behave morally and justly when conducting themselves internationally.

INTERPLAY WITH POSITIVE LAW

Interaction with Positive Law: Although treaties, customary law, and positive law are frequently incorporated into international law, natural law nevertheless offers a moral basis. The way these viewpoints interact forms the international legal environment. 

TRANSCENDS CULTURAL RELATIVISM

Contests the idea of cultural relativism, which holds that moral principles are only artefacts of certain cultural circumstances. Asserts that some moral principles are the same everywhere, irrespective of cultural differences.

MORAL FOUNDATION

Moral theories, philosophical debates, and ethical frameworks in the fields of law, religion, and interpersonal relationships all rest on a set of moral principles, values, or beliefs that direct moral behaviour, decision-making, and judgements. Moral underpinnings are necessary for moral decision-making, behaviour guidance, and ethical decision-making. They offer standards for judging decisions and weigh the effects of those decisions using moral reasoning. Moral tenets differ between civilizations and are shaped by religious beliefs. They mould individual and social ethics, impacting behaviour on a daily basis. Laws that represent common ethical standards can be influenced by the intersection of moral principles and legal conventions. They support the idea of inherent rights by highlighting human rights and dignity. Over time, moral principles can change and develop in response to intellectual traditions and societal ideals. They can be the foundation for resolving conflicts and serve to govern moral interactions. In order to investigate ethical ideas and promote ethical behaviour in a variety of spheres of life, it is essential to comprehend a moral basis.

CHALLENGES OF IMPLEMENTATION

There are various obstacles to overcome in the process of implementing a universal moral foundation, especially when it comes to the legal system, government, and social conventions. Although the idea of a common moral framework is appealing in theory, there are a number of challenges in converting it into universally recognised and applicable norms:

Challenges in Universal Moral Foundations

Cultural Relativism:

• Diverse cultural perspectives pose a challenge to universal acceptance.
• Interpersonal variability and subjective nature of morality complicate universal standards.

Pluralism and Diversity:

• Ethical pluralism in societies necessitates respect for cultural and ethical diversity.

Secular vs. Religious Perspectives:

• Religious influence often intertwines moral foundations.
• Secular societies face challenges reconciling religious and non-religious moral perspectives.

Political and Power Dynamics:

• Power structures can influence moral principles.
• Abuse of authority risks legitimizing actions not aligning with shared moral values.

Evolution of Moral Standards:

• Moral standards evolve over time.
• Implementing a universal moral foundation must account for societal values and ethical understandings.

Enforcement Mechanisms:

• Lack of enforcement and complex distinction between legal consequences and moral accountability.

Conflict of Rights and Values:

• Conflict resolution requires nuanced approaches.
• Balancing individual rights against collective well-being presents challenges.

Educational and Cultural Barriers:

• Incorporation of a universal moral foundation into education systems can face resistance.

Global Consensus:

• International cooperation and sovereignty concerns may hinder global consensus.

Ethical Dilemmas and Gray Areas:

• Complex moral dilemmas and moral uncertainty can challenge the application of a universal moral foundation.

CONCLUSION 

Natural law serves as a foundational moral framework for international government, restricting state sovereignty, promoting just war theory, and promoting environmental ethics. It continues to be a guiding force in the changing international legal system, influencing diplomatic encounters and balancing multiple cultural perspectives despite obstacles such cultural variety and interpretive subjectivity.

REFERENCE 

1. Its originally written by CFI Team in this website https://corporatefinanceinstitute.com/resources/esg/natural-law/
2. Its originally published in this website https://www.oxfordbibliographies.com/display/document/obo-9780199796953/obo-9780199796953-0024.xml
3. Its originally written by Hedley Bull British Journal of International Studies, in this website https://www.jstor.org/stable/20096861?seq=5