Public international law is a weak law, whereas private international law is more effective.Private international law is applied to those cases where some conflict is found between the municipallaws. Such conflict of law may arise in cases of citizenship, marriage, divorce and so on. The need of arises when a municipal count has to apply foreign law which the municipal courts follow when adispute arises between foreign element and private persons.
Development of International Law:
In any given society where people live together, conflicts of interests are bound to arise and there isalways need to do justice. Rules, therefore, present in all societies. They are necessary for order stability and peace because without them man would not know how he should behave. Such behaviour are called 'laws'. As the relations of the individuals in a society are governed by municipal laws, therelations of sovereign states are governed by international laws. International law maintains stabilityamong the nations. It is in the interest of states themselves to agree a set of principles of rules of their relations with one another.
Evolution of International Law:
The evolution or history and development of international law is divided into the following stages:(1)The primitive and ancient period,(2)The middle age,(3)The 15
century, and(5)The 20
century and later.(1)
Primitive and Ancient Period:
The early history of human civilisation, there are some tracesof international law especially in ancient Greece, ancient Egypt, ancient Jews and ancientRome. They entered into different treaties with other nations.(a)
Amongst the Greeks we find that states relations were regulated byinternational law which was based on a religious morality but these rules of international lawwere applied only on the people of the same race. The non-Greeks were treated as 'barbarians'.(b)
As in the Greece, in Rome also the rules of international law were on religiousmorality.(2)
During the middle age there was no favourable climate for the development of international law. Following international laws were enacted mostly in the European countries:(a)The supremacy of church and its law throughout the European countries. Pope made theinternational law.(b)Beside the Pope, the Emperor represented the supreme authority in the western world.(3)
and the 16
centuries are considered as the centuries of therise of international law throughout the Europe. The process of development was spread over from the middle of the 6
century to the end of the 15
century. At that time Europe was in factdivided into a great number of independent states and the necessity for international law to