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Transformation Of Global Affairs By The Progressive Growth Of International Law And Its Divisions

The basis behind the law is that peace and order is necessary and chaos is crucial to a Just and stable existence. Law is that element which binds the members of the community together in their adherence to recognized values and Standards. Law is both permissive and Coercive in allowing individuals to establish their own legal relations with rights and duties in the former and as it Punish those who infringe its regulations.

Law is especially a set of rules which regulated behavior and respects the ideas and pre-occupations of the Society within which it functions. International law differs only in the sense that it regulates relations among nation States and municipal law regulates relations between individuals. A municipal law should be based on certain specific set of values-social, economic and Political and these values form the base for legal framework which order the life in that environment.

International law respects first and foremost the basic state Oriented Character of World Politics, Units of formal independence benefitting from equal sovereignty in law and equal Possession of the basic attributes of Statehood have succeeded in creating a System enshrining such values. The 19th Century’s theory of Positivism had the effect of focusing the Concerns of International law upon the Sovereign States.

Together with the Evolution of Individual human rights , the rise of International Organizations, marks perhaps the key distinguishing feature of modern International law. law of Nations as it is understood firmly lies in the development of western culture and political organization. The Classical era of Greece about Sixth Century B.C has contributed for a rational and critical thought of minds and its constant questioning ,argument and debate about man and nature spread through Europe along with Hellenic Culture that Penetrated Western Consciousness which lead to the birth Renaissance.

The Romans gave profound respect for Organization and law. Jus Civille was applied among Roman Citizens and it resulted in the augmentation of Jus gentium ( Law of Universal application). Basically two theories constitute the basis of obligation under International Law i.e; Naturalism and Positivism . Natural law is considered to be vital for the proper understanding of International law as this theory is Considered to be the Precursor for today’s human rights law. Jus gentium of Roman law has incorporated Greek ideas of Natural law in order to enshrine rational Principle common to all civilized nations.

The new approach to modern International law could be traced from the writings Spanish Philosophers of 16th Century like Franscisco Vitoria, Suarez, Alberico Gentilli. Hugo Grotius (father of International Law) considered to be Supreme, Renaissance man and his extensive work De jure Bellic ac Pacis (1623-1624) is Considered to be remarkable.

According to Brierly, Positivism in International law is nothing but the sum of the rules by which they have consented to be bound. Anzillotti, one of the chief exponents of the Positivist School explains that the binding force of International law is founded on a Supreme Principle or norm Known as Pacta sunt servanda ( Agreements between the States must be respected and followed in good faith ). The birth of International law can be traced back to ancient times. Jeremy Bentham has coined the word ‘ International Law’ in 1780 that means the body of rules which regulate the relations among States.
  • 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
     
  • J.L. Brierly and Hackworth:
    International Law consists of a body of rules governing the relations between the States.
     
  • Lawrence:
    International Law consists of those rules which determine the Conduct of general body of Civilized States in their mutual dealings, hostile as well as Pacific.
     
  • Vattel:
    The law of Nations is the Science of the rights which exists between nations or States and of the obligations Corresponding to these rights.
     
  • Kelson:
    International law is the name of a body of rules which regulate the Conduct of the States in their intercourse with one another.
     
  • Hall:
    International law consists of Certain rules of Conduct which modern civilized states regard as binding on them in their relations with one another.
     
  • Brierly:
    The law of Nations or International law consists of body of rules or International law consists of body of rules and principles of action which are binding upon civilized States in their relations with each other.

Finally, I would like to Conclude that the basis of International law is neither wholly natural law nor Consent of Nations. The birth of International law Creates a new path towards the r of Liberalization, Privatization and Globalization in an amicable manner for the young generations to Shine in their innovations and Careers in a Successful way. This branch of legal field creates a forward path towards the unification of Nation States as One World and One Globe.
Private International Law Public International Law
It relates to the Individuals in their dealings with each other. It relates to the relations among the States.
It regulates the relationship between Private persons of two different States. It is the Outcome of International Custom and treaties.
Courts are pre-determined. There is no Pre-determined.
It is known as Conflict of laws. It is known as Law of Nations.
It means a Collection of Standards and rules applied to Private parties concerning trans-boundary cases with at least one specific legal foreign dimension in it. It is used when a case involves the regulation of Diplomatic rules and Strategies between the two or more Sovereign nation –States.
International Contracts, Torts, Family matters, Child Adoption, Abduction, Intellectual Property, Real Property. State Succession, Recognition, State Jurisdiction, Asylum, Extradition, International Tribunals.
Private law forms the Backbone of the Civil Society. Public Law forms the backbone for Promoting peace among the world.
Written By: A. Jonah Elisa Shiny

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