News By/Courtesy: Ragini M | 01 Jul 2020 20:36pm IST

HIGHLIGHTS

  • Basic to know about International Law
  • Its functions
  • who are the subjects of international law

The truth behind International Law


What comes to your mind when you think of international law?
International law is of two forms i.e Private international law and Public international law, public international law is also known as jus gentium or law of nations. Or It is simply the set of rules, agreements, and treaties that are binding between the countries. When sovereign states enter into an agreement that is binding and enforceable it is called international law or the international legal system. It is horizontal because all states are equal which means the law applies to all the states equally. however, it's up to the governing authorities to apply international law on their subjects and keep their agreements with other countries who are involved.


The major concerns over the years have been whether to consider international law as law or not?


Different jurist has a different opinion, according to Austinian jurists international law is not a law because when international law compared to municipal law it lacks effective legislative machinery and it lacks sanction which according to them is an essential element of the law.


On the other hand the jurist from historical school considered international law to be law because for the existence of law its necessary that there should be a community and recognition of the rules, as these two conditions said affirmed the jurists considered it to be a law and not a moral obligation. In states like the USA and UK, international law is considered as a part of their law having the same force as the ordinary law binding on their citizens United Nations Organisations is the apex body and there are six principal organs of UN i.e general assembly, security council, secretariat, economic and social council, trusteeship council, and the international court of justice (ICJ).

The important functions of international law are international law puts peace, justice, common interest, and trade, and international law generally comes from five sources that are treaties, customs, general principals of law, judicial decisions of IJC, and jurist works. The international court of justice is established in Hague, the Netherlands where disputes between states are resolved. Who are considered as subjects of international law?

Is international law only concerned about rights and duty of state?

  • The state as a subject of international law: the state should possess some of the qualifications like population, territory, government, and sovereignty which means the state should have the capacity to enter into relations with other states to be recognized as an international person.

  • Individuals as the subject of international law: the state is made of individuals and international law is ultimately binding on them, they are also granted rights under international law and also recognized for crimes they commit, the law imposes duty and liability upon both state and individuals. when men commit crimes like war crimes, against human, aggression, genocide, piracy, slavery, against peace under international law, provisions of international law will be enforced on the individual and not on the state.

  • International institutions as a subject of international law: under international conventions international institutions and organs like the United Nations and international labor organizations were established containing constitutional provisions and regulating duties and function.

  • Non-state entities like NGOs, minority groups, terrorists are also recognized as a subject of international law. 

Therefore in modern times, the primary concern of international law in the interest of individuals, their fundamental rights, and their freedom. The need and necessity of international law are increasing diversely with development in international relations, the law helps to recognize these relationships and enforce all factors related to it therein.

THIS ARTICLE DOES NOT INTEND TO HURT THE SENTIMENTS OF ANY INDIVIDUAL, COMMUNITY, SECT, OR RELIGION ETCETERA. THIS ARTICLE IS BASED PURELY ON THE AUTHOR'S PERSONAL VIEWS AND OPINIONS IN THE EXERCISE OF THE FUNDAMENTAL RIGHT GUARANTEED UNDER ARTICLE 19(1)(A) AND OTHER RELATED LAWS BEING FORCED IN INDIA, FOR THE TIME BEING.

Section Editor: Pushpit Singh | 01 Jul 2020 21:25pm IST


Tags : #law#knowlege

Latest News







Copyright Kalyan Krishna MediaZ Private Limited. All rights reserved. Unless otherwise indicated, all materials on these pages are copyrighted by Kalyan Krishna MediaZ Private Limited. All rights reserved. No part of these pages, either text or image may be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.