TOPIC NAME :- WHAT IS LAW AND INTERNATIONAL LAW?

SUBJECT NAME :- LEGAL LANGUAGE

SEMESTER 3 YEAR (LL.B)

PROJECT SUBMITTED TO:- PROF. SHRUTI N. JADHAV

STUDENT NAME:- RAHUL GAJANAN TANDEL

ROLL NO :- 51

DATE :- 09-JUN-2021

SIGNATURE OF INTERNAL FACULTY:-

SIGNATURE OF EXTERNAL FACULTY: -

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 ACKNOWLEDGMENT

This project would not have been possible without the fruitful guidance of
PROF. SHRUTI N. JADHAV, in charge of subject LEGAL LANGUAGE , her
sincere efforts in explaining the subject and related topic helped us to be familiar
with the subject.
I am thankful to madam to give clear guidance on the vast subject and important
pillar of the law and make ability to clear knowledge about it.

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 CONTENT

Sr No. Content Page No. Remark

1 Law - Introduction 4
2 Functional Of Law 4
3 Definition 5
4 International Law - Introduction 6

5 Definition 7
6 Types of International law 7
7 References 8

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LAW - INTRODUCTION :
Law has been defined as “a body of rules of action or conduct prescribed by a controlling
authority, and having binding legal force. That which must be obeyed and followed by citizens
subject to sanctions or legal consequence is a law.”

Functions of the Law :

In a nation, the law can serve to
(1) keep the peace,
(2) maintain the status quo,
(3) preserve individual rights,
(4) protect minorities against majorities,
(5) promote social justice, and
(6) provide for orderly social change.

We always need laws to protect ourselves or others. Law is an ancient term as the society when
society first-ever developed than we needed the law to regulate society or we can say for the
Administration of Justice.

Without law, we can't imagine regulating any state or society, without it we do not have
civilization; we have chaos. Law is meant to protect people and property from harm. Without
laws or rules, we can't imagine regulating any state or society. We can say that to survive with
dignity and morality we need the law. Law governs much of what everyone does, day in and day
out. It tells us what our rights and duties are, also with that it also tells punishment for breaking
the law.

So, we all know that we require the law to regulate ourselves, it is a primary thing that a society
or state requires. In day-to-day life, we always listen to the law, we follow laws but ever we
think about it that what is the law, and what is the definition of it? Did we ever think about it?

There is no such definition of the law, yes you read it right there is no such or static definition of
the law. But yes we can define the law for a time phrase but not for eternally, it changes with

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time and with society. Jurist Arnold stated that - we cannot define law in one or two sentences,
the reason is that society is dynamic and the law is made for the regulation of society. So, how
can you give a static definition of law when society is itself dynamic. And Jurist Pollock also
said – it is very difficult to define law when you have more knowledge of the law.

Definition:
Natural Law is the principle of Right and Wrong which are inherent in human nature and not
created by the society or Judge.
According to Naturalists Law is based on Mortality, Conscience, Fairness, Justice.

So, we got that there is no static definition of the law but to understand what is the law and the
definition of law we have two major schools of thoughts:
1. Positive Law Theory
2. Natural Law Theory

Positive Law Theory

 It is also known as Legal Positivism or Imperative theory of Law or Austin's theory of
Law.
 It is also read as man-made law.
 John Austin is considered as the founder of positive law theory.

Austin defined Law as:

Law is a command of the sovereign backed by the sanctions. According to Positivism, there are
three ingredients of Law, i.e.
 Command, (set of rules or principles)
 Sovereign, and ( state i.e. independent authority)
 Sanction ( punishments)
For example – Motor Vehicles Act.

According to Salmond's definition of law –  Law is the body of principles recognized and
applied by the state in the administration of Justice.

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According to positivism, the law is a tool to achieve Justice.

Natural Law Theory

 Natural Law means that human Morality comes from nature. Morality means our sense of
right and wrong.
 It has a historical approach.
 It is also read as ' made by nature'.
 The father of natural law theory is considered by many is Aristotle.
 It also encompasses sometimes divine law i.e. law made by God.

INTERNATIONAL LAW - INTRODUCTION:

International laws are a set of rules, agreements and treaties that are binding between countries.
Countries come together to make binding rules that they believe will benefit the citizens. It is an
independent system of law existing outside the legal framework of a particular state.

aim of International law?

The existence of international law is the result of increased interstate engagement. It mainly aims
to maintain international peace and security among different states. It also helps in:
1. promotion of friendly relations among the member states (members of the International
community, for example, United Nations),
2. providing for basic humanitarian rights,
3. to solve International problems through international cooperation,
4. to refrain the state from using threat or force over the territory of any other state to
provide for right to self-determination to people, and
5. to use peaceful methods to settle international disputes are few of its functions.

subjects of International Law?

It is referred to as entities who have a legal personality, with certain rights and duties under the
international legal system.
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State is considered to be the primary and original subject of international law. However, it also
regulates the actions of other entities:

 Individuals – Common people of any state are also believed to be the subject of
international law.
 International Organizations – It is an association of states, established by a
treaty between two or more states. International Organizations too have a legal
personality and are considered to be the subject of international law. For example,
the United Nations.
 Multinational Companies – They own and operate their corporate entities in at
least one other country aside from the place where it was incorporated, therefore it
is established in more than one nation.
Definition :
1. According to Prof. L. 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. As per Torsten Gihl, “The term International Law means the body of rules of law, which
apply within the International Community or society of States.”
3. As per J.L. Brierly, “The Law of Nations or International Law may be defined as the
body of rules and principles of action, which are binding upon civilized states in their
relations with one another.”
4. Gray said, “International law or the Law of Nations is the name of a body of rules which
according to their usual definitions regulate the conduct of states in their intercourse
with each other.”

Types of International Law :

International Law can be broadly divided into three types: Public International law, Private
International law and Supranational Law.

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Public International Law
It refers to rules and regulations governing international relations between different states and
international institutions. It sets rules concerning all mankind: the environment, international
business, the ocean, human rights, etc.
Public international laws apply to international organizations like the United Nation (UN) and
the World Trade Organization (WTO).

Private International Law

It is also referred to as, ‘Conflict of laws’ and the phrase was first used by Ulrich Huber in his
book in 1689.
Private International Law establishes and deals with the relationship between citizens/private
entities of different countries. People from different parts of the world are often interacting with
each other forming legal relations.
For example, an American man and an Indian woman were married in India and now live in Los
Angeles. In case they ever want a divorce, the rules of private international law will determine
where they will be required to go, either to the US or to an Indian court to get divorced.

Supranational Law
It refers to a situation in which a nation/state surrenders to a court of their choice their right to
make certain judicial decisions, which will take priority over the decision made by the national
courts. This distinguishes it from the Public International Law. For example, the supranational
law is represented by the European Union (EU). All the courts within the member states of the
EU are overruled by the European Court of Justice in accordance with EU laws.

References :
https://www.advocatekhoj.com/
https://indiankanoon.org/
https://www.lexology.com/

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