MODULE – 1

INTERNATIONAL LAW

A society has a framework of principles which governs it. The actions of the members of the
society are regulated. International law assumes a society of nations primarily and governs
their relationship of the member society.
Nation – A nation is a stable community of people, formed on the basis of a common
language, territory, history, ethnicity, or psychological make-up manifested in a common
culture.
State – A state is a political organization with a centralized government that exerts authority
within a certain geographical territory.
Nation-State – A geopolitical section of people under an identical entity who have
exclusively come together to secure mutually beneficial security in terms of economic,
military, and political parameters.
The Law of Nations is a science of rights existing between nation, state, and nation state.
JEREMY BENTHAM fathered the term INTERNATIONAL LAW which was eventually to
replace the older phrase ‘law of nations’.
International Law can be defined as “Law of nations or International Law may be defined
as the body of rules and principles of action which are binding upon the civilized states in
their relationship with one another.
The recent definition of International Law – “ International Law is the body of rules which
are legally binding on states in their intercourse with each other. These rules are primarily
those which govern the relation of states, but states are not the only subjects of International
Law. International Organizations and to some extent also individuals may be subjects of
rights conferred and duties imposed by International Law.”

VIDEO LECTURE

Jus Cogens – Preemptory norm. Refers to certain fundamental, overriding principles of

International Law.
Erga Omnes – “towards all” or “towards everyone”. Rights or obligations owed towards all.
Ex: Property rights. Three interactions – 1. between two different states, 2. The state’s
interaction in its capacity as a state to the subjects of the another state, and 3. The state’s
interaction with the subject of its own geopolitical area.
Functions of International Law:
 Co-operation between actors.
 Balance of power between states/ nations/ nation-state
 Safeguard rule of law and justice
 Prevent conflicts and war
 Establish engagement contours between subjects of International Law

Binding nature of International Law:

Command Theory – According to Austin, law is given by a determinate superior political
authority to political inferiors and is backed by coercive enforcement agency. Thus sanction
occupies an important place in the enforcement of law. This is known as Command Theory.
Natural Theory – International law lacks legislative machinery, executive machinery, and
potent judiciary and above all the sanction that is required for the enforcement of
International Law. It is thus concluded that state law and International Law exist in their own
natural way. This is known as Natural Theory.
Consent Theory – Unless states give their consent to International Law, there can be no
obligation on their part to follow the law. There is no sanction that backs International Law.
Sanction in law primarily means punishment in case the law has been breached which is
lacking in International Law. Hence it may be said that International Law is not law but
positive morality. It is merely followed by habit of action. This is known as Consent Theory.

Issues with enforceability of International Law:

 Lack of binding institutions
 Lack of certainty
 Vital interests
 Vital rules