25, 2015

Thursday, June
PUBLIC INTERNATIONAL LAW

International Law | Presentation by APEX

Group Presentation:
“IS INTERNATIONAL LAW A TRUE LAW”?

Group Members:
1. ARNAB KUMAR DAS (LLB 00305037)
2. ERFAN UDDIN NIZAMI AND (LLB 00305035)
3. MD. JAHANGIR ALAM (LLB 00305040)

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WHAT IS INTERNATIONAL LAW?

International Law | Presentation by APEX

 International Law is the set of rules generally regarded and accepted as
binding in relations between states and between nations. It serves as a
framework for the practice of stable and organized international
relations. International law differs from state based legal system in that it
is primarily applicable to countries rather than to private citizens.
 International Law is consent-based governance - a state member of the
international community is not obliged to abide by this type of
international law, unless it has expressly consented to a particular course
of conduct.

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The term “International Law” can refer to three distinct legal
disciplines:
 Public international Law, which governs the relationship between states

International Law | Presentation by APEX

and international entities. It include these legal fields: treaty law, law of
sea, international criminal law, the laws of war or international
humanitarian law, international human rights law, etc.
 Private international Law, 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, 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.
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IS INTERNATIONAL LAW A TRUE LAW?

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Thursday, June
 A number of jurists have expressed doubts on the question: is
International Law really law? One view is that International Law is not a
true law. It is a code of rule of conduct of moral force only. Another view is

International Law | Presentation by APEX

that International Law is a true law, and it is to be regarded as law in the
same way as that of ordinary laws of a State which are binding upon the
individuals.
 There are several ways to think about law. In the domestic legal system, we
think of law as the rules that the government issues to control the lives of
its citizens. Those rules are generally created by the legislature, interpreted
by the judiciary, and enforced by the executive branch, using the police, if
necessary, to force citizens to obey. What is law for the international
community if there is no one legislature, judiciary, executive branch, or
police force?
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AUSTIN VIEW
According to Austin view, international law is not legally binding on States.

International Law | Presentation by APEX

Law is the command of the sovereign attended by sanction in case of
violation of the command. In the other words, law should be limited to rules
of conduct enacted by determinate legislative authority and enforced by
physical sanction. The superior according to him is the real sovereign. The
definition contains two important elements. Firstly, the law is command
enacted by the sovereign legislative authority i.e., any rule which is not
enacted by sovereign or superior cannot be regarded as law. And secondly,
it must be enforced by the sovereign authority i.e., if laws are violated,
there should be adequate sanction behind it.

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OPPENHEIM VIEW
Oppenheim says that law is a body of rules for human conduct within a
community which by common consent of this community shall be enforced

International Law | Presentation by APEX

by external power. According to this definition, essential conditions for the
existence of law are threefold. Firstly, there must be a community.
Secondly, there must be a body of rules of human conduct within that
community. All the communities submit to the rule of law because they
wish to afford due respect and protection to the dignity of men and
nations. And thirdly, there must be common consent of that community
that these rules shall be enforced by external powers. It means that it is not
necessary that rules should be enacted through law-making authority or
there should exist a law administering court within the community
concerned.

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 John Austin regarded International Law as a ‘positive morality’ in the 19th century,
when international community lacked legislation, a court, sanctioning powers and
enforcement machinery. And in view of all these if he concluded that International Law
is not a true law, perhaps he was not wrong. But presently, international legislation has

International Law | Presentation by APEX

come into existence as a result of multinational treaties and conventions.
 If rules are violated by a State, sanctions may be applied against it not only by the
aggrieved State itself but collectively by the United Nations Organization (UNO) as
well. Further, international community has a Court (International Court of Justice),
whose decisions are binding upon the parties to a case. If a party falls to perform its
obligations incumbent upon it under a judgment rendered by the Court.
 Existence of International legislation, a Court, sanctioning authority and the
enforcement machinery are the developments of the present century. Personally, I
agree with the view of John Austin. But, the Statement of “International Law is a true
Law” is evident even if Austin’s definition is accepted.

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References:

International Law | Presentation by APEX

1. Law Dictionary, 1999. by Mian
Asad Hakim, Lahore: Mansoor Book
House, First Edition.
2. Starke’s, J.G., Introduction to
International Law, New Delhi: Aditya
Books (P) Ltd., 1989.
3. Shaw, Malcolm N., International
Law, Cambridge: Cambridge
University Press, Fifth Edition, 2003.
4. Oppenheim, International Law, Vol.
1, Eight Edition (1995).
5. Agarwal, H.O. Dr., International
Law , Allahabad: Asia Press, Third
Edition, 1995.
6. http://en.wikipedia.org/wiki/intern
ational_law

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