Overview of International Law

30 June, 2023

Share on:

International Law

International Law is a set of rules, treaties, and agreements that forms a connection between countries with a belief of benefiting the citizens. With the introduction of international law, there is an increase in interstate engagement that maintains international peace and security. According to Oppenheim, International law has been defined as the “Law of Nations or it is the name for the body of customary law and conventional rules which are considered to be binding by civilized States in their intercourse with each other.” The primary aim of International Law is to promote friendly relations among the member states by connecting different countries and states via certain rules that help in governing relations between them. It promotes justice, peace, trade, and common interests among two or more states. International law also provides basic humanitarian rights and uses peaceful methods to solve or settle international problems.

In India, Article 51 and Article 253 of the Constitution of India play a significant role in the enforcement of international laws. Article 51 of the Indian Constitution promotes international peace and security and states that “The state shall endeavor to (a) promote international peace and security, (b) maintain just and honorable relations between actions, and (c) foster respect for international law and treaty obligations in the dealings of organized people with one another; and encourage settlement of international disputes by arbitration PART IVA FUNDAMENTAL DUTIES.” Moreover, Article 253 of the Indian Constitution states that “Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.” It means that the Parliament has the sole authority to create laws for any part or whole of the Indian territory with an aim to execute an international agreement, treaty, or convention with other countries.

India signed various treaties or agreements with other countries or states in the field of trade and commerce, travel and leisure, industrial, military, health services, etc. Some of them include the Mahakali Treaty (between India and Nepal regarding the development of the watershed of the Mahakali River), the Non-nuclear aggression agreement (between India and Pakistan on the ‘prohibition of Attack against Nuclear Installations and Facilities’), and the Simla Agreement (between India and Pakistan for peace). Also, the Geneva Conventions were also introduced as a major part of international humanitarian law and the Vienna Convention on the Law of Treaties was also introduced to regulate different treaties among states.

Classification of International Law

International Law is divided into two categories as mentioned below:

Public International Law: The main focus of this law is on the relationships between nations and citizens of different nations that are prone to be affected by a particular law. This is because they are bound by the legal rules and codes of the law. Public International law is governed by various inter-governmental organizations, the United Nations and NATO, and other sources of law such as treaties and customs. This law is regulated by treaties, customs, and globally accepted norms.
Private International Law: Private International Law focuses on the conflicts between individuals rather than the states. The disputes in the domestic municipal body are resolved with the help of this law involving issues revolving beyond its domestic jurisdiction.

Sources of International Law

Article 38 (1) of the International Court of Justice is addressed as the “most authoritative enumeration of the sources of International Law” as well as is determined as a formal backbone of the sources of International Law. The major sources of the International Law are mentioned as follows:

Treaties
Customs
General Principles of Law
Judicial Decisions
Writings of the Publicists

Difference between Municipal and International Law

The difference between Municipal and International Law is mentioned as follows:

Municipal Law is concerned with the relationship between the individuals within the state and individuals and the state whereas International Law controls relations among States.
In the case of Municipal Law, if there is any legal dispute then the decision is made either in the form of statutes or on civil laws. On the other hand, in the case of international law, the disputes between the two countries are handled by creating treaties for enforcing international laws.
Another difference is the source of both Municipal and International laws. The source of international law include customs, treaties, general principles of law, writings of the publicists, and judicial decisions. On the contrary, a hierarchy of laws is followed in the case of Municipal Laws which determines the more authoritative legal commandment.
In the case of Municipal Law, the law is above individuals whereas the law is not above individuals in the case of International Law but between the sovereign states. Moreover, the states create the law on their own and can disobey the laws as per their interest.

International Court of Justice

The International Court of Justice (ICJ) was established in 1945 by the San Francisco Conference as the principal judicial organ of the United Nations. The primary motive of ICJ is to settle disputes or problems between sovereign states according to international law. ICJ also gives advisor opinions on legal queries referred to it either by the authorized United Nations organs or specialized agencies. The Court is the only official Principal UN organ that is not located in New York City and is seated in the Peace Palace in The Hague, Netherlands. The official working languages of the ICJ are English and French. It consists of a panel of 15 judges, who are elected for a term of nine years by the UN General Assembly and Security Council. Every judge should be of different nationalities which means no more than one judge, at the same time, should be represented in court. The judges elect their own President and Vice President for a term of three years. Moreover, any judge who is elected every three years is eligible for re-election. One of the judges of the ICJ is Dalveer Bhandari, who represents India at ICJ. He is a former judge of the Supreme Court of India, Chief Justice of the Bombay High Court, and a judge of the Delhi High Court. Currently, the President and Vice President of the International Court of Justice are Joan Donoghue and Kirill Gevorgian.

International Law Scope

Nicaragua vs. USA: In 1984, a suit was filed against the United State’s (USA) military and para-military actions against Nicaragua. During the Court proceedings, Nicaragua stated that treaty obligations, international humanitarian law, and customary international law are violated by the USA which resulted in a huge loss of civilian life, property, economy, etc., and asked for compensation. The USA further argued that the actions were in defence and stated that ICJ have no jurisdiction over the case. Nicaragua further mentioned that the USA violated various customs, treaties, etc. in support of the Contra rebels in Nicaragua. The verdict of the case was against the USA as it failed to convince ICJ that it lacked jurisdiction and was ordered to pay the fine. Moreover, the Court mentioned that the USA violated customary international law and now is considered as a part of the same.
Alabama Claims arbitration: In this case, the United States of America claimed $15.5 million for attacking their merchant ships during the civil war. It is called Alabama claims as CSS Alabama was one of the prized ships which went down on the French coast. The matter was settled after Britain paid America. This International arbitration resulted in the need for codified international law as well as introduced a new peaceful method for the settlement of international disputes.