Introduction to International Law
Introduction:
"International law is the body of legal rules, norms, and standards that apply between sovereign states and other entities that are legally recognized as international actors."
International law is also called Public International Law and Law of Nations.
The term was coined by the English philosopher Jeremy Bentham (1748–1832).
Definitions of International Law:
There is still no consensus among academics and other interested parties as to what international law is. There are some who argue that there is no such thing as international law as it is not imposed by a sovereign authority. However, it is not a very strong argument because all laws are not necessarily imposed by sovereign authorities. A very good example is the customs, which are practices of people. Furthermore, all relevant sectors in the international community act as if international law exists.
1. Classical Definitions:
Some classical definitions by prominent scholars are given below that don't meet with modern trends of international law
• Bentham: International law is a collection of rules governing relations between 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 the civilized states in their intercourse with each other.
2. Modern Definitions:
The earlier definition was that international law is a system of law that regulates the activity of states. However, this is not a modern definition because international law does not confine itself to States. Therefore, modern definitions for international law have been introduced. For example,
• Prof. J. G. Starke has stated that: “International law consists of a system of laws, the majority of which applies to states but also regulates activities of individuals and international organizations when it becomes the concern for the international community.”
• Schwarzen Berger: International law is body of legal rules which apply between sovereign states and such entities which have been granted international legal personality.
Disciplines of International Law:
The term "international law" can refer to three distinct legal disciplines:
• Public International Law, which governs the relationship between provinces and international entities. It includes these legal fields: treaty law, law of sea, international criminal law, the laws of war or international humanitarian law and international human rights law.
• Private International Law, or conflict of laws, which addresses the questions of (1) which jurisdiction may hear a case, and (2) the law concerning which jurisdiction applies to the issues in the case.
• Supranational Law or the law of supranational organizations, which concerns regional agreements where the laws of nation states may be held inapplicable when conflicting with a supranational legal system when that nation has a treaty obligation to a supranational collective.
The two traditional branches of the field are:
1. Jus Gentium — law of nations
2. Jus Inter Gentes — agreements between nations
Significance of International Law:
International law is the vital mechanism without which an interdependent world cannot function properly and within the bounds of law. It does not only control the states by overseeing their conduct in relation with other states, like the law prohibiting the use of armed force to settle dispute, but also maintains laws regarding individuals (e.g. human rights).
Furthermore, international law is intrinsically bound up with diplomacy, politics and conduct of foreign affairs; it is not, at all, based on an adversarial system of law, meaning thereby that many of the rules have been evolved from the practice of the states and do not bind the states in any course, which tends to make international law more flexible. Also, international law leaves a state with so many options rather than with merely one course of action, which serves as an advantage for a system so bound up with politics and diplomacy.
Global Scope of International Law:
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. In its broadest sense, international law provides normative guidelines as well as methods, mechanisms, and a common conceptual language to international actors—i.e., primarily sovereign states but also increasingly international organizations and some individuals. The range of subjects and actors directly concerned with international law has widened considerably, moving beyond the classical questions of war, peace, and diplomacy to include human rights, economic and trade issues, space law, and international organizations. Although international law is a legal order and not an ethical one, it has been influenced significantly by ethical principles and concerns, particularly in the sphere of human rights.
Above all, international law covers a wide range of laws which include the following:
• Refugee laws
• Narcotics/Drugs treaties
• Human trafficking
• Obscene publication
• World health treaties
• International trade development
• Agreement relating to independent guarantee and letter of credit.
• Protocol on road signs and signals 1947
• Contract of carriage of goods by roads.
Scope of International Law in Pakistan:
As far as the scope of international law in Pakistan is concerned, it is expanding with the passage of time. Pakistan is under an obligation to follow its international commitments arising out of any treaty, convention or international agreement, ratified by it. Further, after having ratified a treaty, it is mandatory for Pakistan to incorporate it into domestic laws by enacting implementing legislations. For instance, Dangerous Cargos Act and Maritime Zones Act, 1996 of Pakistan aim at translating its international obligations into the domestic laws. Similarly, United Nations Convention on Law of the Sea has been ratified by Pakistan and to ensure its enforcement, corresponding domestic legislation is required.
Conclusion:
Keeping in view the need of a stable and orderly international society, the relevance and pertinence of international law is all the more emphasized. In this age of globalization and an increased degree of interdependence between different countries of the world, international law can provide a viable regime to regulate intra state relations and activities. However, it is to be noted that international law has its limitations owing to concepts like state sovereignty - a sacred norm of international law. But recent developments in the arena of international law have proved that it can play a vital role in regulating international affairs through various treaties and conventions, which upon ratification, bind the state parties to observe the same. Although, as has been said earlier, there does not exist an effective tool/forum to implement these international treaties (like the corrective measures that can be resorted to by a state against its citizens in an event of non-compliance to the laws of the land), nevertheless, compliance can be ensured by means of sanctions (such as trade embargos or diplomatic cut off etc) which are of great relevance for life in the comity of nations, already becoming a global village. For example, UNSC issued 1373/01 resolution which prevents and suppress the financing of terrorist acts and 1566/04 further makes it mandatory for worldwide implementation. The importance associated to these sanctions can be traced to factors such as increased economic (trade) activity at a global level, free flow of information, formation of regional/global blocks pursuing a specific ideology/orientation, an ever increasing rate of immigration, natural as well as human resource sharing etc. All these factors have contributed to the growth of international law and at the same time highlighted the need of it. It may finally be said that starting from the limited interstate interaction between the Greek city states, international law and its need have become more relevant in the modern state system. It can help bridge the gaps of dissenting ideologies and divergent policies of sovereign states by bringing them together on a commonly agreed upon law (treaty/agreement/convention), so as to bind them into compliance and reduce friction to ensure a more orderly and peaceful world.
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