PUBLIC INTERNATIONAL LAW

Name-Swati Paradkar
Class- T.Y.LL.B, Roll No-34

1) Definition and Evolution of Public international law

Public international law or law of nations, the body of legal rules, norms, and standards that apply
between sovereign states and other entities that are legally recognized as international actors. The
term was coined by the English philosopher Jeremy Bentham (1748–1832).
According to Bentham’s classic definition, international law is a collection of rules governing
relations between states. It is a mark of how far international law has evolved that this original
definition omits individuals and international organizations—two of the most dynamic and vital
elements of modern international law. Furthermore, it is no longer accurate to view international
law as simply a collection of rules; rather, it is a rapidly developing complex of rules and influential
—though not directly binding—principles, practices, and assertions coupled with increasingly
sophisticated structures and processes. 
According to Oppenheim, International Law is a “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 history of international law examines the evolution and development of public international law
in both state practice and conceptual understanding.
 The development of European notions of sovereignty and nation states would necessitate the
development of methods for interstate relations and standards of behaviour, and these would lay
the foundations of what would become international law
Basic concepts of international law such as treaties can be traced back thousands of years. Early
examples of treaties include around 2100 BC an agreement between the rulers of the city-states of
Lagash and Umma in Mesopotamia, inscribed on a stone block, setting a prescribed boundary
between their two states.
The Westphalian treaties of 1648 were a turning point in establishing the principle of state
sovereignty as a cornerstone of the international order. However the first attempts at formulating
autonomous theories of international law occurred before this, in Spain, in the 16th century
After World War II, as after the First World War and the Thirty Years' War, there was a strong desire
to never again endure the horrors of war endured by the civilian populations. The League of Nations
was re-attempted through another treaty organization, the United Nations.
The postwar era has been a highly successful one for international law. International cooperation
has become far more commonplace, though of course not universal. Importantly, nearly two
hundred nations are now members of the United Nations, and have voluntarily bound themselves
to its charter. Even the most powerful nations have recognized the need for international
cooperation and supports, and have routinely sought international agreement and consent before
engaging in acts of war.
Treaties are essentially contracts between countries. They are agreements by which the parties
intend to be bound. If treaties are broken, their effectiveness is weakened because there is no
guarantee that future promises will be kept. So there is a strong incentive for nations to take
treaties very seriously.
Modern treaties are interpreted according to the 1969 Vienna Convention on the Law of Treaties.
This convention is so widely accepted that even nations that are not parties to the convention
 PUBLIC INTERNATIONAL LAW
Name-Swati Paradkar
Class- T.Y.LL.B, Roll No-34

follow it. The convention's most important and sensible rule is that a treaty should be interpreted
according to the plain meaning of its language, in the context of its purpose, and in good faith. This
prevents much squabbling and unnecessary nit-picking. It also makes treaty authors spell out what
they are trying to accomplish, to make interpretation easier, in a non-binding "preamble."
In the modern world, international law is contested for its inability to enforce its rulings.

2) Objectives of International Law

International Law grew out of necessity.

As International engagement increased, International Law expanded.
International Law is the most convenient form of regulating world order in the present-day world.
International Law aims to maintain international peace and security, which provide for fundamental
rights, freedoms and human rights, to refrain the State from the use of threat or force against the
territorial integrity of any other State, to provide for the right of self-determination to people, to
solve International problems by achieving International cooperation, to use peaceful means for
settlement of international disputes.

3) Objective nature of private and public international law

Public International Law

Public International Law is regulated by the treaties and globally accepted norms and customs
which are included as State practice and opinio Juris. It regulates the relationship between those
nations and peoples that are prone to be affected by a particular law as they are bound by these
legal codes and rules.

Private International Law 

It regulates private conflicts between individuals rather than the States. It seeks to resolve
disputes in the domestic municipal body which involves an issue revolving beyond its domestic
jurisdiction. 

Principles of International Law

International Law is based on the following two principles:

1. Jus Gentium: These set of rules do not form part of a legal statute but mutually governs the
relationship between two nations.
2. Jus Inter Gentes: These refer to those treaties and agreements that are accepted by both
countries mutually.
 PUBLIC INTERNATIONAL LAW
Name-Swati Paradkar
Class- T.Y.LL.B, Roll No-34

International Law provides effective means through which peaceful settlement of disputes can be
done. It is mainly concerned with the rights, duties and the interests of the State.

4) Subject and relation between international and Municipal law

The basis of both laws is different in many ways.

Firstly, International Law is majorly concerned with the relation among States. Whereas Municipal
Law controls the relationship between individuals and the State and between the individuals within
a State.

Secondly, in the case of International Law, the law is not above the individuals but between the
sovereign States and the States themselves create the law. In International Law, the States often
disobey the laws or create laws as per their interests. Whereas in the case of Municipal Law, the law
is deemed to be above the individuals, as is the case with the laws of most of the countries, the law
is deemed to be above individuals. 

Thirdly, the sources of both laws differ. Article 38 of the Statute of the ICJ is considered as the most
authoritative statement of the sources of law for the Public International Law. It states the sources
of law such as customs, conventions, treaties, general principles of law recognized by civilized
nations and judicial decisions and teachings of highly qualified publicists. Whereas in the case of
Municipal Laws there is a hierarchy of laws which determines, which legal commandment is more
authoritative than others. For instance, in many countries, a hierarchy of courts is established
wherein the judgments of higher courts are of more authoritative value and thus are relied upon by
the lower courts.

5) Is international law is a law in the true sense of the term or not

 PUBLIC INTERNATIONAL LAW
Name-Swati Paradkar
Class- T.Y.LL.B, Roll No-34

There has been a lot of controversy regarding this question. Some answered the question in
negative while others in the affirmative. Some feel that International Law lacks the element of
certainty, stability and predictability.

Not a true law 

John Austin, a leading English writer on Jurisprudence supports the view that International Law is
not a law. As per him, International Law is a code of moral force and rules of conduct only. In his
opinion, International Law does not have any sanction behind it and it doesn’t emanate from a law
giving authority. He described International Law as the one consisting of positive International
morality and opinions or sentiments which are followed by the nations as per their own wish.
Hobbes and Pufendorff are also of the view that International Law is not a true law as the law is not
truly invested with true legal force and it is not backed by the command of a superior.
Holland is of the view that International Law is extremely different from ordinary laws as it is not
supported by the State’s authority. As per him, the private law is writ large. He describes
International Law as the vanishing point of Jurisprudence. He is of the view that as International  
Law lacks sanction (which is the most important element of Municipal Law) it cannot be kept in the
category of true law. 

A true Law
Hall and Lawrence consider International Law as true law. According to them, International Law is
derived from custom and precedents which are a source of law and it is habitually treated like a
certain kind of positive law.
Sir Frederick Pollock observed that for International Law to be binding upon the members,  the only
essential conditions are the existence of political community and the recognition by its members of
settled rules binding upon them in that capacity. International Law wholly satisfies these
conditions.