Definition – Oppenheim

Law of Nation or International Law is the name for the body of customary and conventional rules
which are considered legally binding by civilized states in their relation with each other

(Similar definition by Alf Ross & Lawrence)

Definition - Starke
• Goes beyond the traditional definition of having State as the only subject

Non-State Actors (NSA) – Corporations, MNCS,NGOS, People's movements, religious groups such
as ISIS

• Through developments, the IL evolves...

• E.g: Est. of Permanent Int. Ins / Int. Org. -UNIWTOWHO (relationship with each other and with
states)

Int. Law Commission for crimes, Tribunals, Genocide Conventions

Modern defenitions:
Body of legal rules which regulates the relationship of the nation states each other, as
well as, their relationship with other international actosrs

International law is not a law in true sense:

(Hobbes, Austin, Jeremy Bentham)

• No superior political authority • No legislature to enact (unlike municipal law)

• No executive to enforce • Frequently violated by States

International law is a law in true sense

(Oppenheim, Brierly, Prof H.L.A Hart and J.G

Starke)

• No requirement of superior authority • There are legislative bodies (UN-GA, SC, State enter into
treaties)

• Judicial machinery present – ICJ • Executive authorities present to enforce (fear of war,cessation
of diplomatic and economic ties)

• Law and obedience are different aspects • States consider it binding upon them
International law is a law but a weak law
(Accept it as law, but a weak law)

• No coercive agency to enforce it • Frequently violated

• Power Influence of giants • ICJ has no compulsory jurisdiction (binding if only parties have
mutual consent • Sanctions inadequate to attain Int. peace and

LAW OF SEA: Doctrine of continental shelf anglo norwegian case, north sea continental
case,unclos 1960,1982,torrey canoy oil spil, intervention convention, liability convention.

AQUISITION OF TERRITORY: Original and derivative

original(occupation,prescription,accreation)Deravative(cession,conquest,annexation)Losin
g of territory(express declaration, erosion abandonment)

SUB OF INT LAW: OPPENHIEM, KELSON, MORDERN VIEW (danzwing railway

official case, reparation for injuries suffered in service of UN)

SOURCE OF INTERNATIONAL LAW

Formal source obligatory nature material source actual consent of rules Art 38 of ICJ (INT
CUSTOMS-Material fact-actual behaviour os states,long
duration,consistency,generality,statepractise)Asylum case)(OPTINIO JURIS LOTUS
CASE & RIHTS OF PASAAGE OVEE INDIAN TERRTORY CASE)INT
CONVENTIONS(ART 2(1)(a) of vienna convention on law of treaties define 2 types
bilateral(treaty contracts),multilateral(law making treaties)pacta sunt servanda agreement
must be kept.GENERAL PRINCIPAL OF LAW RECONGNISED BY CICILISED
NATIONS (Chorzow factory case principle of res judicata)(barcelona traction case
doctrine of estoppel)

Anglo nowegian case(delimitation of territorial water)LOTUS case(lotus french

ship&bozkourt turkey ship who has jurisdiction)RIGHT OF PASSAGE OVER INDIAN
TERRITORY CASE(DOES portugal have a customary right over indian
teritory)ASYLUM CASE(haya de la tore right of columbia and duty of peru)