File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Development Of International Law: An Overview

Dynamism in law:

What is true of law in general, also holds true of international law, and much more so. The issue of adaptability, change, and flexibility is considerably more urgent on a global scale. The growth of laws starts with the growth of society. There is no specific stage of development, it may be argued that law was created and then applied arbitrarily.

Consequently, legal orders are gradually put together in response to human demands via trial and error. They are not developed in overnight. Their roots and background in the society. About the international law, has aptly remarked by soviet authors, "it is not static. It is constantly developing, sometimes does not display any development in international law, other times anticipates them and gives an early warning of tendencies in the development of international law.

At the major turning point in history, changes have been done very significantly in international law. For example, on 5th June 1989, the United Nations Environment Program warned people of the growth in temperature of the earth due to the greenhouse effect and gave the slogan of global warming.

This indeed is a very serious problem with which the world is confronted. Due to the increase in temperature of the Earth level, the seas waters will increase. The crucial turns in history, there are qualitative changes in the international law, also a significant qualitative change witnessed in June 1992.

By C. Wilfred Jenks
"The all experience suggests that, while economic growth, education and social attitudes have a for reaching influence on social policy they can exercise their necessarily gradual influence effectively only, when law provides a framework of recognized obligation and settled within which they can operate".

According to �professor Edgar Bodenheimer.
"Law being the cement which holds the social structure together, must intelligently link the past with the present without ignoring the pressing claims of the future".

The word "International law" used for the first time by "sir Jeremy Bentham" in 1789 in his famous book "Principles of morals and Legislation" and father of international law is Hugo Grotius.

"International law may be defined as the body of customary and treaty, rules, which are consider legally binding by states in their intercourse with each other". The existence of international law is the result of increased interstate engagement.

It mainly aims to maintain international peace and security among different states, it also helps in promotion of friendly relation among the concern body, and provide basic humanitarian right, to solve international problems through international cooperation, refrain the state from using malicious right and force over any other states, its main aims to solve dispute peacefully between states.

Although many crisis have in international law, there is a sense of crisis in international law as a result of the rapidly changes in different fields. This crisis is product of accelerating process of changes in global community.

Example; rapid progress in technology, rising new ideology, including militant communism, decolonization, fear of wars, and dispute in international trade, practices power, etc.

Definition of international law

The word "International law" used for the first time by "sir Jeremy Bentham" in 1789 in his famous book "Principles of morals and Legislation" and father of international law is "Hugo Grotius.

"International law may be defined as the body of customary and treaty, rules, which are consider legally binding by states in their intercourse with each other". The existence of international law is the result of increased interstate engagement.

International laws are a set of rules, treaties, and agreements that are binding between countries, it is basically a consent-based system. country come together to make binding rules that they believe will benefit the citizens and the nation.

In the view of I.L. OPPENHEIM: "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"

Oppenheim is one of the most celebrated authors, but in this definition have some Criticism.

Criticism: It has become outlived its utility and become obsolete and inadequate, indeed every important element in it can now be challenged.
  1.  In the first site not only states should be there but public organization also because Future of international law is closely tied to the future of international organizations, and their right and duties under international law. International organizations may not have all rights and duties that states do, but they may have some of them.
  2. In the second term Civilized States:
    In those time was a so-called criterion for civilized states, that uncivilized states were neither long history or culture Even though China had 5000 old culture year, he was not included in civilized group.
  3. Third is, Customary and conventional rule:
    It is now widely recognized by states that not only customary and conventional rules but also General principle of law.
  4. Art 38 international court of justice describe it, as a third source, and it may be used during solving any international dispute if court not find any treaties or any particular point between states.

New definition of international law according to ninth edition of Oppenheim's book:

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 states are not only subject of international law. International organization and, to some extent, also individuals may be subjects of right conferred and duties imposed by international law.

In the view of J.L. Brierly:
"The law of nation or international law may be defined as the body of rules and principle of action, which are binding upon civilized states in their relation with another."

In the view of Torsten Gihl:
"The term of international law means the body of rule of law which apply within the international community or society of states."

By the Coleridge C.J.: "The law of nation is that collection of usages which civilized states have agreed to observed in their dealings with one another." This definition was given in Queen vs Keyn case.

In the view of Charles G. Fenwick: "International law may be defined in broads term as the body of general principles and specific rules which are binding upon the members of the international community in their mutual relation".

In the view of Whiteman: "International law is the standards of conduct, at given time, for states and other entities subject thereto." This is very brief but very appropriate definition.

In the view of J.G. Starke: "Sir J.G. defined international law as the bodyof 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 relation with each other, and which includes also;
  1. The rules of law relating to the functioning of international institution or organization, their relation with each other, and their relation with states and individuals.
  2. Certain rules of law relating to the individuals and non-states entities so far as the rights or duties of such individuals and non-states entities are the concern of the international community.

Type of international law

International law can be divided in two important part, Public international law, and private international law:
Public International law:
Public international law refers to rules and regulation between certain states and international institutions. And it establishes guidelines for everything that affects humanity, including the environment, world trade, the ocean, and human rights.

Public international law applies on states and international organization like United nation, world trade organization, and bank for international settlement (BIS) etc.

There are various aspects of Public international law:
  • Custom
  • Standard behavior which are globally accepted
  • Treaties, agreement etc.

For example: Kyoto protocol, Geneva convention, treaty of Paris etc.

Private International Law: Private international law also referred to as conflict of laws, it establishes and deals with the relation between citizens and private entities of different countries, peoples are from different parts of the nations, and many times they are interacting with each other forming legal relations.

For example; a Japanese woman and an Indian man were married in India. In case they ever want a divorce, the rules of private international law will determine where they will be required to go either to a Japanese court or an Indian court to get divorced.

Development of international law
If we want to know about the development of international law, we should watch the history of international law. History of international law started with oldest treaties and agreement. The international law is not just a result of treaties of 19th and 20th centuries. Its practice started in ancient time. Peace treaties between the Mesopotamian city of Lagash and Uma are considered as beginning of international law. The concept of governance and international relation were developed by the Greeks. that's made the foundation of the international legal system.

Present day modern international law evolved during 15 centuries and was developed in European states. Renaissance in Europe played a vital role in evolution of international law.

Treaty Between LAGASH And UMMA:
"This treaty known as oldest and first boundary water treaty of world". Lagash and Umma were two Sumerian city of Mesopotamia, both had some fertile land, both fertile land was irrigated by Tigris water canal also knows as Lum water canal. Canal was divided between both region and maintain by both cities.

Umma also used some fertile land of Lagash for the cultivation on the agreement of that he would do maintain of canal but after this agreement umma denied to Maintain the canal, and refused to maintain to pay debt to Lagash. umma was doing unilateral diversion of water on upstream. Consequently, canal was destroyed partially.

As a result, Lagash and Umma fight to against each other, umma was ultimately defeated by Lagash under the leadership of Enantive 2470 BC and Enmetena. Consequently, Umma accepted all promise of Lagash, so umma started repairing of canal and stop the diversion of Water.

Treaty of Hudaybiyyah:
Treaty of Hudaybiyyah is known as first treaty in Islam. Muhammad, the founder of Islam, lived at the time of the Treaty of Hudaybiyyah in Mecca. When the Prophet Muhammad was gone mecca with his 1400 fowlers, they are resisted by Quraishi tribe, but prophet Muhammad not used any force even though he had 1400 fowlers.

He could use their power but Muhammad chose to make a peace treaty and the Duration of treaty was 9 years 9 month 9 days. This was first peace treaty of world and also known as Treaty of "Sulah Hudaybiyyah".

The point of this treaty:
  1. Rather than travelling to Mecca that year, the Messenger of Allah would have to travel back to Medina. The Muslim will make their annual pilgrimage in the coming year, and they will remain in peace in Mecca for three days, continuing into future years, without using any weapons other than sheathed swords.
  2. People who wish to make a covenant with the Prophet (Muhammad) will be permitted to do so, as well as those wishing to co-operate with the Quraish. Any person who enters one of the parties will be regarded as a member of that party and any aggression directed at them will be considered aggression against them.
  3. Whoever flees to Muhammad from Mecca without the permission of his guardians will be sent back to the Quraysh, but those who come to the Muslims will not.

Peace Treaty Of Westphalia, 1648:
Peace of Westphalia is series of treaties which is signed in 1648. The peace treaty of Westphalia is related to 30 years war in Europe which lasted from 1618 to 1648.Afterward the peace treaty Augsburg, the division of religion created tension in the entire Roman Empire and from here 30 years war started.

The 30 years war was fought between the Catholic league and the Protestant union. In catholic league were Habsburg France Spain and protestant union were Norway, Denmark. The war started with isolated conflict between Bohemia and Holy Empire, gradually different group like, Swedish and French started joining and over time this war engulfed the whole of Europe.

Ideas like non-interference or peaceful coexistence did not matter at the time. As well as time was passed the motive of war gradually changed and became political power and balance of power in Europe. In the last of war catholic France were funded by protestant Sweden, thereby war which started for religion took the shape of Political power and dominance. By the kingdoms realized that the war was not beneficial for anyone and diplomacy and negotiation could be an alternative of war, 18 lakh peoples had dead in this war and afterwards decision was taken for end of war.

And scholars of history, law, politics started thinking about better system and relation between states and their sovereign powers. Resulted negotiation of congress of Westphalia started in 1642 and continue to till 4 years, ultimately after 4 years they were signed a treaty of Westphalia in 1648.

Three Primary Elements Of This Treaty
  1. Wider Formal Religious Freedom
    Treaty of Augsburg was again recognized and the rules as well as the subjects were given freedom of Religion because the people realized that one of the reasons of the war was the lack of religions freedom.
  2. Introduction of diplomatic profession:
    This treaty legally recognized diplomats and compromise offers in foreign policy.
    This treaty legally recognized diplomats and compromise offers in foreign policy.
  3. Recognition of sovereign states:
    Under its sovereignty and peaceful co-existence was recognized. Due to the right of self-determination, the country had the freedom to choose its own path. Nation states began to form and it was decided that no state would use its power against other states without reason. For example, the small town of Brandenburg as also given a territory. This Brandenburg later became Germany.
  • The origin of this concept of sovereignty, diplomacy and mediation between states is also Westphalia.
  • The peace of Westphalia is also changed the war of nature, the war was a legitimate solution to solve any conflict before the 1648 because the concept of sovereignty had also not evolved, any powerful kingdom could attack or capture a kingdom weaker than itself. This peace treaty establishes, that no state has claim the right to destroy any other state. The Peace of Westphalia system considered a model of international politics and state sovereignty. At the end of 30 years war the roman empire declined as the most powerful empire, now Habsburg empire and France emerged as a new super power.
  • The treaty of Westphalia influenced the modern theory of international trade law.
  • The all barriers of trade and commerce which are imposed during war, had removed. In the First-time international law established through this treaty. Which is considered the foundation of international communities such as European Union, and U.N.
International organizations like the UN. The European Union maintains relations between states, but having a supreme authority like the Holy Empire was not possible today, and the treaty of Westphalia is solely responsible for this.

Grotius the father of modern Law of nation: The Dutch scholar, Hugo Grotius, has been celebrated as the father of international law. Much of the theory of international law came from the Hugo Grotius books.

Example: "Mare Liberum." This work strongly argues for freedom of the sea.

De jure Belli ac pacis (the law of war and peace, etc.

The acceptance of the law of nature as a separate source from customs for the rule of law of nations was one of Grotius's central tenets. His work was frequently cited as a source of reference and authority in court rulings, textbooks, and later scholarly writings.

Transformation of European International law into international law:
As was already said, the current European System governs contemporary international law. Early on, a few old Christian states in Western Europe used international law to govern their interactions with one another. This law was made up of the customs these states recognised and the treaties they signed. Later, more Christian nations joined the Family of Nations; hence, at that time, it was sometimes referred to as the "European Law of Nations."

Later, more Christian nations joined the Family of Nations; hence, at that time, it was sometimes referred to as the "European Law of Nations." The United States was the most significant of these Christian states to join the Family of Nations in the next stage. The majority of these states were formerly colonies of European states. Some non-Christian states joined the Family of Nations during the following stage in the evolution of international law.

This phase got started with Turkey's inclusion in the Family of Nations. International law ceased to be a law solely between Christian states once Turkey was admitted to the Family of Nations in 1856. Through Article 7 of the Treaty of Paris, 1856, Turkey was specifically admitted into the Family of Nations. However, Turkey was not acknowledged as a full member of the Family of Nations until 1923.

Other non-Christian nations, such as Japan and India, joined the family of nations after Turkey. After the First World War, several non-Christian states joined the League of Nations, marking the last phase in the formation of international law in this regard. Other non-Christian nations that attended the conference in San Francisco were Egypt, Iraq, Saudi Arabia, Lebanon, and Syria.

Christian and non-Christian states are not now distinguished from one another. The Family of Nations has more than tripled in size since 1945 (the year the United Nations Charter was adopted and approved by 51 states). Currently, there are 166 member states in the United Nations, but that number might climb to 174 soon.

Development of International law during 19th And 20th centuries:
During 19th and 20th century had many of factors to development of international law. there was a significant improvement in the relationship between States and their interactions, and many rules and principles were formulated on the basis of the practice of state. We will discuss them under the following headings.
  • Congress of Vienna, 1815:
    The Congress of Vienna, which took place in 1815, was a turning point in the evolution of international law. Many rules of international law were developed at this first significant European conference, including those governing international rivers, the classification of diplomatic agents;
  • Declaration of paris, 1856:
    Many regulations pertaining to naval warfare were outlined in the Declaration of Paris, a treaty that made laws. It was forbidden to attack undefended civilians during naval conflict. It was also stated that during a war, enemy ships could be destroyed by other means, but that before doing so, precautions needed to be taken to ensure the safety of the ship's crew.
  • Geneva convention, 1864:
    In the Geneva Convention of 1864, a number of regulations governing the injured and ill members of the armed forces during land warfare were established. It was forbidden to kill injured soldiers, and guidelines were established for how to treat them.
  • Hague conference of 1899 and 1907:
    The Hague Conferences of 1899 and 1907 are rightly regarded as significant turning points in the evolution of international law. They led to the adoption of a number of conventions on different international issues. These conferences placed a strong emphasis on using peaceful means to resolve international disputes. Many international legal regulations governing naval and land combat have been developed. Bombardment over undefended individuals was ruled unlawful. Additionally, efforts were made to establish the boundaries of armaments and ultimately achieve disarmament. During naval conflict, neutral state obligations and rights were also clearly weakened. The creation of the Permanent Court of Arbitration was yet another significant accomplishment of the Hague Conferences.
  • The league of nation:
    The world's nations felt the need for an international organisation following the First World War, one that could not only peacefully regulate international relations but also avert future conflicts. The League of Nations was established under the Treaty of Versailles, 1919. The League of Nations, for the first time, imposed certain restrictions upon the nations' right to resort to war at their will. According to the League of Nations Covenant, disputes must be resolved through arbitration, judicial resolution, or council inquiry before turning to war.

    It was also stipulated that if their disputes could not be resolved through these means, they would not go to war for three months after such failure. It was also stated that any member of the League who went to war in violation or disregard of the provisions of the Covenant would be considered the enemy of the entire League of Nations. Another significant achievement of the League of Nations was the establishment of the Permanent Court of International Justice, which made significant contributions to the progressive development of international law.

    The League of Nations Covenant was, in fact, a law-making International Treaty. It was the auspicious start to a good trend. "Since the establishment of the League of Nations, the development of International law has been accomplished primarily through the creation of International organisations by law-making treaties and the conclusion of law-making treaties through International organisations.
  • Geneva convention, 1929:
    This convention was signed by 47 countries from around the world. This convention established many rules concerning the treatment of prisoners of war. Retaliation against prisoners of war, cruelty to them, and collective punishment were all prohibited. Rules were also developed for providing medical care and other amenities to prisoners of war.
  • Second world war:
    Almost all of the preceding rules of international law were flagrantly violated during the second world war, which became a total war. It did, however, sow the seeds of a future world organisation because the devastating effects and hair-raising experiences of the war compelled the nations of the world to try again to establish an international organisation that could ensure lasting peace and establish the rule of law in the international field. As a result, the Second World War indirectly resulted in the establishment of the United Nations.
  • The united nation:
    The United Nations Charter came into effect on October 24, 1945 after 2nd world war by 51 countries. And they are committed to maintaining international peace and security, develop friendly relation among the nations, and promoting social progress, better living standards and human right thus the United Nations was established.

    In the beginning the number of its members were only 51 which has now swelled to 193. It is an international treaty which governs its members mutual relations with its members. The United Nations provided a significant impetus to the development of international law. According to Article 13, paragraph 1 (a) of the Charter, the General Assembly shall initiate studies and make recommendations to promote international cooperation in the political field.

    For this purpose, UNGA (united nation general assembly) Create a international law commission for doing study on various aspect of international law and its codification, and this commission would reported to UNGA. further the international law commission done its work with great distinction. it was drafted articles of several convention and treaties which have been eventually adopted.
Ex. Geneva convention, Vienna convention etc.
After the establishment of United Nation, the development of international law has been effective mainly through multilateral law-making treaties. The main objective of international law is established the rule of law international field and to ensure to maintain peace and security among the Nations. It is possible only if it adopts itself to the changing times and circumstances.

The United Nation has four important purposes:
  1. To keep peace throughout the world;
  2. To develop friendly relations among nations;
  3. To help nations work together to improve the lives of poor people, to conquer hunger, disease and illiteracy, and to encourage respect for each other's rights and freedoms;
  4. To be a centre for harmonizing the actions of nations to achieve these goals

Codification of international law
We cover in this topic only an overview of "codification of international law"

By codification, we usually mean the process of reducing the entire body of law into Code in the form of enacted law. Codification refers to any systematic statement of the whole or part of the law in written form, and it does not always imply a process that leaves the main substance of the law unchanged, though this may be true in some cases. The term "codification of international law" is used for convenience to refer to the more precise formulation and systematisation of rules of international law in fields where there has already been extensive State practise, precedent, and doctrine.

History of codification:
The history of codification can be traced back to the late 18th century, when Bentham proposed the codification of international law. In 1792, the French Convention made an unsuccessful attempt to draught a Declaration of the Rights of Man.

The two Hague conference:
The First Hague Conference, convened by Emperor Nicholas II of Russia in 1899, consequently in the adoption of two conventions in the form of a code:
  1. Convention on the pacific settlement of international dispute
  2. Convention on the Laws and Customs of War on land
These conventions proved to be significant milestones in the field of international law codification. The Second Hague Conference was held in 1907, following the success of the First Hague Conference. This conference produced thirteen conventions on warfare and neutrality in land and sea warfare, the status of enemy merchantmen at the outbreak of war, naval bombardment, and the conversion of merchant ships into men-of-war. This event was attended by 44 states.

Declaration of London:
In 1909, a naval conference was held in London to create an agreed-upon list of contraband goods. The agreement reached was incorporated into the Declaration of London, 1909. However, because it was not ratified, it never entered into force. Because of the evolution of the First World War into a total war, it lost all significance.

Codification under the league of nation:
The League of Nations provided a significant impetus to the work of codifying international law. "It was left to the League of Nations to approach the proper problem of codification in a systematic manner." In 1924, the League Council appointed a committee of sixteen jurists to report to the Council on subjects ripe for codification.

The Committee recommended that the following subjects be codified:
  1. Nationality
  2. Territorial waters;
  3. State liability for damage done to foreigners' persons or property in their territory
  4. Diplomatic immunities and privileges.
  5. International Conference Procedure and Treaty Conclusion and Drafting Procedure
  6. Exploitation of Sea Product
  7. Piracy

On the recommendation of the said Committee, the Assembly decided to hold a conference in Hague to codify the topics of:
  1. Nationality,
  2. Territorial waters, and
  3. State responsibility for damage done to foreigners in their territories.
The Committee of Experts continued its work and reported to the Council in 1928 that the following two topics were also ready for codification: (1) law relating to the functions and competence of Consuls; and (2) the competence of courts with regard to foreign States.

The Hague codification conference of 1930: The Hague Conference of 1930 is regarded as the first conference dedicated to the codification of international law. For each of the topics, three committees were formed.

nationality, territorial waters, and state responsibility for damage done to foreigners in their territories. There was no general agreement reached on territorial waters and the responsibility of states for damage done in their territories to foreigners� property and persons. However, the Committee on Nationality adopted a number of conventions on issues concerning the conflict of Nationality Laws and Statelessness.

Codification under the united nation: According to Article 13(1)(a) of the UN Charter, the General Assembly shall initiate studies and make recommendations with the goal of "promoting international cooperation in the political field" and "encouraging the progressive development of International Law."

The most important task of codification is the systematisation and the progressive development of this amorphous and relatively unorganised body of law. On December 11, 1946, the U.N. General Assembly appointed a committee for the progressive development of International Law and its codification.

In 1947, the General Assembly decided to set up an International Law Commission. It met its first meeting on April 11, 1949. The Commission also considers proposals and draft multilateral conventions submitted by the Members of the U.N. When the Commission considers that the codification of a particular topic is necessary or desirable, it shall submit its recommendations to the General Assembly. Article 24 provides that the Commission shall consider ways and means for making the evidence of international law more readily available.

Work of the international law commission:
The establishment of international law commission was turning point in the international law codification process. The UNGA (united nation general assembly) directed the international law commission on 21 November 1947:
  1. to formulate the principles of international law recognised in the Charter as well as in the Nuremberg Tribunal's judgement.
  2. to prepare a draft code of offences against humanity's peace and security
  3. to draft a declaration on the rights and obligations of states.
  4. to suggest the desirability and possibility of establishing an international judicial body for the trial of genocide and certain other crimes.
The commission started its work in 1949, after completed its work it decided to give priority to (A). Law of treaties. (B) Arbitral procedure. (C)law relating to high seas.

By the year 1947 commission has submitted final draft, relating to:
Diplomatic intercourse and immunities, nationality, law of treaties, regime of territorial�s waters, regime of the high seas, consular intercourse and immunities, arbitral procedure.

In addition to commission had also worked in some extra various topic, example:
Draft declaration on right and duties states, draft code of offences against the peace and security of mankind., question of definition of aggression, state responsibility et-cetera. Although the ILC. had dealt with many topics, but its major contribution had so far been in the fields of the:
  1. The law of sea
  2. Law of treaties
  3. Law of diplomatic and consular relation.
The International Law Commission also did some more important codification work, and thus the ILC played an important role in international law codification.

"The convention and treaties provide an international system with legislative machinery, although it isn't equivalent to municipal legislative". Example :Geneva convention on the law of sea, 1958, Vienna convention1961, international convention for the suppression of the financing of terrorism 1999, International convention for the Suppression of acts of nuclear Terrorism 2005. Et-cetera.

Sources of international law
In this topic, we will cover sources of international law in a very limited number of paragraphs.

International law is comprehensive in nature, and because it is an amalgamation of various sources, there is no single system of laws that can interpret and extend the law, but international law exists and can be determined.

There are sources from which international law rules can be extracted and analyzed. According to Lawrence, if we take the source of law that has all the authority required to give it binding force, then there is only one source of law in International Law, and that is the consent of Nations. This consent can be implicit (custom) or explicit (treaties).

The major sources of international law that form the conventional source include international conventions and treaties. International law sources are classified as either primary or secondary, as explained below.

Primary sources
The primary sources of international law are formal in nature. They are derived from official bodies such as treaties, customs, and legal principles. Article 38(1) (a-c) of the ICJ statute is widely acknowledged as the formal source of International Law. It is widely regarded as an authoritative statement of international law's sources. Article 38 of the Statute of the International Court of Justice in The Hague has been interpreted as a handy reference guide to international legal sources.

Article 38 of the ICJ statute; Article 38(1) (a-c) of the ICJ was adopted by the same provision of the statute of the Permanent Court of International Justice, which operated under the auspices/support of the Legal of Nations in 1920. The article refers to the primary sources of international law listed below:

Custom as source of international law:
The original and oldest sources of law and practice known as the custom. The rules of customary international law were established through a long historical process that was recognised by the entire community. Because there is no written source of law, the presence of customary rules can be deduced from state practice and behavior. A customary law rule is said to have two components:

First, widespread, and consistent State practice is required.

Second, there must be "opinio Juris," which is a Latin term that refers to a legal obligation to believe in the existence of such law.

Convention as a source of international law : Treaties and convention in international law are the most important sources of international law in modern period. Example Vienna convention, treaties of Westphalia, etcetera.

Secondary sources of international law
Article 38(1)(d) is part of the material source of international law, also known as the secondary source. It states that judicial decisions and the teachings of the most highly qualified publicists from various nations also aid in the formation of international law, but they are not binding and are merely advisory in nature.

Judicial decision:
Through its advisory opinions, case laws, and judge's rule, the ICJ plays a significant role in the law-making process. One major example is the principle of the prohibition against the use or threat of use of force established by the court in the case of Nicaragua vs. USA, which is now considered a part of Customary International Law.

Major portions of this source also include the teachings of highly qualified writers such as Gentili, Grotius, and Vattel, who were regarded as the supreme authorities of international law from the sixteenth to the eighteenth centuries. Textbooks are used to discover what the law is on any given point rather than as a source of actual rules, and even the most respected international lawyers' writings cannot create law.

These are regarded as an evidentiary source of law because they explain and comprehend the international principles. They are important because they fill in the gaps in international law where treaties or customs do not exist.

Some other sources of international law although we watched some above sources but also have Several other sources in international law as a : international comity, state paper, equity and justice, state guidance of their executive and officer etcetera.

"These sources are given in article 38 of the statute of International Court of Justice."

In art. 38 of the statute of international court of Justice, the following sources are given:
  • International convention
  • Custom
  • General principles of law recognised by civilized nation
  • Judicial decisions and juristic opinions

The necessity of international law
The rules of war and diplomatic relations were the first manifestations of international law. During the Age of Discovery, rules governing the acquisition of territory became more important, and the principle of freedom of the seas was discussed because it was necessary for the expansion of trade.

International law, therefore, grew out of necessity. As international engagement grew, so did international law. In today's world, international law is the most practical means of regulating world order.

Some of the most important functions of international law are:
  1. To provide fundamental security and human rights.
  2. To provide peace and security.
  3. To provide international stage for nation where they can meet and solve their problems.
  4. To prevent conflict between the nations and state and maintain peace.
  5. It is a path to governing the relationship between nations worldwide.
Main aim of international law to promote justice, prosperity, peace and security around the world.

The growth of laws starts with the growth of society. There is no specific stage of development, it may be argued that law was created and then applied arbitrarily. Consequently, legal orders are gradually put together in response to human demands via trial and error. They are not developed in overnight. Their roots and background in the society.

Based on the information provided, we can conclude that international law is a set of rules and principles that govern the conduct of international community members relations.

The international law is not just a result of treaties of 19th and 20th centuries. Its practice started in ancient time.

In more concisely we may say that international laws were developed simultaneously with the growth of treaties and conventions and the development of the nation and society.

  • R.Kapoor, (2006). International Law And Human Rights . Lucknow : Central Law Agency
  • I. A. Shearer, (1994). starke's Iinternational law. New Delhi : Oxford University Press

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly