Introduction
International law is the body of rules governing relations between states and other recognised subjects of international law. It promotes peace, cooperation, human rights protection, and the peaceful settlement of disputes. J. G. Starke’s definition remains a clear and influential starting point for understanding its nature and scope.
Starke’s Definition
G. Starke defined international law as:
“That body of law which is 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.”
He also recognised that international law extends to 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.
Main Features of Starke’s Definition
1. Governs Relations Between States
Its primary function is to regulate interstate relations concerning peace, war, trade, diplomacy, and territorial boundaries.
Example: Agreements between India and Bangladesh on river-water sharing and border management operate within the framework of international law.
2. Creates Binding Legal Obligations
International law is not merely moral advice. Treaties and customary rules create binding duties that states are expected to fulfil.
Example: Under the UN Charter, states must refrain from the threat or use of force against the territorial integrity or political independence of any state, subject to the inherent right of self-defence under Article 51.
3. Based on Treaties, Customs, and Other Sources
The principal sources (as listed in Article 38 of the ICJ Statute) are treaties, customary international law, and general principles of law. Judicial decisions and academic writings serve as subsidiary means.
- Example (Treaty): The Paris Agreement creates binding climate change commitments for state parties.
- Example (Custom): Diplomatic immunity, long recognised as customary practice, was codified in the Vienna Convention on Diplomatic Relations (1961).
4. Extends to International Organisations
Modern international law recognises international organisations as subjects with rights and duties within the limits of their legal personality.
Example: The United Nations and its member states are bound by the rights and obligations set out in the UN Charter.
5. Recognises Rights and Duties of Individuals
Individuals enjoy rights under international human rights law and may incur direct criminal responsibility under international criminal law.
- Example (Rights): International human rights treaties (e.g., ICCPR) impose standards of treatment on states toward individuals.
- Example (Duties): Individuals may be prosecuted directly for genocide, war crimes, and crimes against humanity before the International Criminal Court (ICC).
Is International Law Really Law?
International law lacks a central legislature, a unified global police force, and a court with automatic, compulsory jurisdiction over all sovereign states. Nevertheless, it operates as a genuine legal system:
- States regularly conclude binding treaties, invoke legal rights, and justify their actions using legal arguments.
- Disputes can be submitted to the International Court of Justice (ICJ) where state consent exists.
- Enforcement relies on reciprocity, diplomatic pressure, international sanctions, domestic legal incorporation, and lawful countermeasures.
The absence of a centralised world government does not negate its legal character, though enforcement mechanisms remain decentralised compared to domestic legal systems.
Critical Evaluation & Modern Relevance
Strengths
Starke’s formulation provides a solid classical framework. By treating rules as binding rather than purely discretionary, it establishes international law as a distinct legal field separate from international relations theory or morality.
Limitations in the Contemporary Era
- Evolution Beyond States: While Starke acknowledged non-state entities, modern international law involves multinational corporations, non-governmental organisations (NGOs), and individuals to a degree far beyond early classical definitions.
- Varied Binding Force: Treaty obligations bind only consenting parties; customary rules require broad practice combined with opinio juris (accepted as law); and “soft law” instruments (e.g., UN declarations) carry political weight without formal legal force.
Conclusion
Starke’s definition offers an essential foundation: international law consists of legal principles governing interstate conduct. While enforcement remains imperfect, its modern expansion to include international organisations and individuals makes it indispensable for global governance and cooperation.
