Introduction to International Law
Hugo Grotius wrote two books - Mae Liberium and De Jure belli ac pacis (The Law of War and Peace). He is considered the Father of Modern International Law.
Few experts feel that International Law is not a law in the true sense because it does not have any binding force nor was there any machinery put up for its strict implementation though International Organizations such as the United Nations Organization attempts to do this. International Law is not as strong as the Municipal Law. However, various theories relate International Law and Municipal Law.
International Law generally does not interfere with the internal law of the State. However, it is responsible for the acts of its nationals either directly or as vicariously.
International Law is a dynamic law and is constantly changing.
Sources of International Law
The sources of International Law are:
- International Conventions and treaties between member nations
- International Customs
- General Principles of Law as recognized by Civilian nations
- Decisions, cases and rulings by Judicial, Arbitral Tribunals and Juristic works
- Decisions and Determination of the organs of International Institutions (such as those by the International Court of Justice of the United Nations Organization etc.)
- Equity and Justice
Codification of International Law
Main Article: Codification of International Law
Codification of International Law is as important as codification of any other law. However, codification of International Law has some unique features.
International Law as seen by various countries
Subjects of International Law
Main Article : Subjects of International Law
A member of a State in relation to his Government or owing allegiances to a sovereign or other ruler, or member of a State except the Sovereign himself. All people residing in a country are the subjects of that country.
Modern Trends in International Law
- Despite states getting political freedom, there is a constant fight for economic rights and equality
- States are calling for a New International Economic Order (NIEO)
- Despite adoption of the Law of the Sea, 1982, powerful states continue to stay away and sign mini-treaties leading to a parallel system as seen in Deep-sea mining
- Two Freedoms Agreement and Five Freedoms Agreement
- Belligerent States
- Alien Tort Statute