Introduction

International Law consists of the rules and principles of general application dealing with
the conduct of States and of international organizations in their international relations
with one another and with private individuals, minority groups, and transnational
companies.

International law

The Universal Declaration of Human Rights states that “... it is essential, if man is not to
be compelled to have recourse, as a last resort, to rebellion against tyranny and
oppression, that human rights should be protected by the rule of law” (emphasis added).

This means that, in order to enable the human person fully to enjoy his or her rights, these
rights must be effectively protected by domestic legal systems. The principle of the rule
of law can thus also be described as an overarching principle in the field of human rights
protection because, where it does not exist, respect for human rights becomes illusory. It
is interesting in this respect to note that, according to article 3 of the Statute of the
Council of Europe, “every Member State ... must accept the principle of the rule of law”.
This fundamental principle is thus legally binding on the 43 Member States of the
organization, a fact that has also influenced the case-law of the European Court of
Human Rights.8 Consequently, judges, prosecutors and lawyers have a crucial role to
fulfil in ensuring that human rights are effectively implemented at the domestic level.
This responsibility requires the members of these legal professions to familiarize
themselves adequately with both national and international human rights law. Whilst their
access to domestic legal sources should pose no major problem, the situation is more
complex at the international level, where there are several legal sources and case-law rich
in many respects.

International law is a system of treaties and agreements between nations which regulate
how nations communicate with other nations, other nations’ citizens, and other nations’
businesses. Usually, international law falls into two distinct groups:
· Private International Law
Discusses conflicts between private entities, such as individuals or companies, which
have a significant relationship with more than one country.
· Public International Law
Deals with relations between nations, these include universal norms of conduct, law of
the seas, economic law, diplomatic law, environmental law, human rights law, and
humanitarian law. Some principles of international public law are contained in a set of
documents, or “codified,” but many are not written down anywhere.
Sources of International Law
International law comes from various sources, those include:
1. Treaties– Treaties are expressed agreements, entered into by countries voluntarily,
they’re in written form. In interpreting a treaty, the meaning of the terms and the
assumption of good faith and good intentions can also play a role. The US ratified
the 1970 Vienna Convention on the Policy of the Treaties.

2. Customs– Customs are common practices between countries. They are traditional
practices that are so expected and consistent that countries operate with the belief
that the custom is legally binding and essential. This generally applies to that state
as long as a state does not object to customary law.

3. General Principles of Law– These general principles are developed over a period
of time. Legal concepts are an interpretation of how the law will operate on the
basis of previous rulings. In addition to looking at previous decisions, international
courts can also appeal at judicial judgments for guidance in international law
recognition and interpretation.

Other sources of International Law

International law is not based on a set of rules and therefore article 38 is not exhaustive.
There are various other factors that develop the usage of International Law which include
declarations of Security Council resolutions, declarations, and recommendations adopted
by the UN General Assembly, International morality and equity, etc.
The world is constantly evolving and the problems are becoming more complex, the
resolutions and declarations adopted by assembly act as an inevitable impact upon the
direction adopted by modern international law. The way states vote in the General
Assembly and the explanations given upon such occasions constitute evidence of state
practice and state understanding as to the law.
For example, in the case of the USA vs Nicaragua, the General Assembly had asked the
court for an advisory opinion on the question: “is the threat or use of Nuclear weapons in
any circumstances permitted under International Law?” The court after a review of the
relevant international legal instrument as well as the Security Councils’ General
Assembly resolution of the matters reached a resolution that the threat or use of nuclear
weapons would generally be contrary to the rules of International Law applicable to
armed conflicts and in particular the principles and rules of humanitarian law.
The concept of equity has been referred to in several cases. In the Rann of Kutch
Arbitration between India and Pakistan in 1968, the Tribunal agreed that equity formed
part of international law and that accordingly, the parties could rely on such principles in
the presentation of their cases.
UN has provided a true compliment for the gap created in what is supposed to be an
accurate reflection of other sources of international law and its activities has positively
affected lawmaking ways by resolutions and faster means by 15 members of the Security
Council and 191 members of the General Assembly as greater needs arise for fast
development of international law codified by international law commission.
India’s position on EEZ
Section 7 of the Maritime Act of 1976 provides exclusive rights for the purpose of
exploring and exploiting the natural resources within EEZ.
Flag State rule
For legal purposes, a vessel, ship, aircraft, the submarine has to be registered in a
particular country, and for all practical purposes, it must fly or display the flag of the
registered country.
The Flag State rule is applicable for both military and commercial ships, also for all kinds
of oil tanks and even cruise ships.
As of now, Liberia and Panama are the two countries which have a maximum number of
ships registered but most of the ships are broken down and sold as junk in Alang, Gujarat.
The Flag State rule principle has also been implemented under Part VII Article 92 of
UNCLOS and even in environmental disputes, the Flag State rule can be implemented
under Article 217(1) of UNCLOS, 1982.
S.S Lotus case (France Vs. Turkey, 1927)
Fact
In 1925, after Mustapha Kemal pasha started liberalising the Turkish economy, Turkey
started to expand the trade abroad with other countries. Unfortunately, a French vessel
S.S lotus and Turkish ship S.S Bozkurt collided, because of which the Turkish ship
damaged and killed 8 Turkish Nationals on board of Turkish vessel. The remaining
survivors of the Turkish ship were taken to Turkey onboard S.S lotus.
In Turkey, the captain of the French ship, and the first watch officer, Monsiver Demons,
were charged with manslaughter and Demons was sentenced to imprisonment and fine.
The French government demanded the release of Monsieur Demons and the transfer of
his case to the French Court. Turkey and France agreed to refer the dispute to the
PCIJ(Permanent Court of International Justice).
Judgement
The French and the Turkish government were strongly blaming each other and Monsieur
Demons was being charged by the Turkish government for knowingly causing the
accident. The French government further contended that only they have a right to trial the
individual because the incident involved a French ship and a French National.
The PCIJ held that Turkey had violated no norms of International Law by instituting a
case against Monsieur Demons and also had no rights to prosecute him.
After this judgement, there was a huge criticism and after the formation of the United
Nation, certain changes were brought in the Flag State rule.
Rights of the coastal States
The States cannot exercise sovereignty over the coastal State. They will exercise
sovereignty rights to explore and exploit minerals, non-living resources of the ocean floor
and soil during the primary 5 years of production at that place. The speed shall increase
by 125th of the value of each resulting year till 12 years and shall stay seven-membered
thereafter. If coastal States don’t explore or exploit shelf resources no alternative State
could undertake these activities without its specific consent.
However, the rights of the coastal State over the seabed don’t have an effect on the
regime’s freedom of navigation on the high seas or that of the airspace higher than the
superimposed waters.
Treaty of Westphalia
The treaty of Westphalia was signed on 24th October 1648, it marked the end of a war that
lasted for 30 years.
The Westphalia area of north-west Germany gave its name to the settlement ending the
thirty years’ war, one of the most devastating in Europe’s history. The series of wars
began in 1618, and they were all interconnected. The Austrian Habsburgs attempted to
impose Roman Catholicism on their bohemian Protestant subjects. It divided the
Protestant against the Catholic, the Holy Roman Empire against France, the German
princes against the emperor and each other, and France against the Spanish Habsburgs.
The Swedes, Danes, Poles, Russians, Dutch, and Swiss all were either dragged in or
dived in. Commercial interests and rivalries played a big part and so did religion and
power politics.
The negotiation process was complicated and lengthy. Talks were held in two different
cities because each side wanted to meet under its own control on the territory. A total of
109 delegations arrived to represent the belligerent states but at the same time, not all
delegations were present. In order to resolve each of the concurrent conflicts, three
treaties were signed: the Peace of Münster, the Münster Treaty, and the Osnabrück
Treaty. These treaties ended the Thirty Years ‘ War (1618–1648) in the Holy Roman
Empire, with the Habsburgs (rulers of Austria and Spain) and their Catholic allies on the
one side battling the Protestant powers (Sweden, Denmark, and certain Holy Roman
principalities) allied with France (Catholic but anti-Habsburg). The treaties also ended the
Eighty Years War between Spain and the Dutch Republic (1568–1648), with Spain
officially accepting Dutch independence.
However, the Dutch had not been interested in the actual thirty years war. Westphalia’s
Peace established the peace precedent set by diplomatic congress. In Central Europe, a
new form of political order emerged, focused on peaceful coexistence between sovereign
states. A balance of power had kept inter-state violence in check, and a policy was
established against intervention in domestic affairs of another state. The treaty gave
Austria’s Swiss independence and Spain’s independence from the Netherlands. The
German principalities had their sovereignty secured. Sweden gained land and a cash
reward, Brandenburg and Bavaria also made gains and France purchased much of
Alsace-Lorraine. The promise of a European Roman Catholic reconquest has long
vanished. Protestantism was to live in the country.
Effect of World war
No strong nations remained on the sidelines in World War I to give effective support to
international law, and the concept of third-party arbitration was again threatened; many
of the international law’s standing provisions were violated. New ways of warfare
presented new problems in the laws of war, but attempts to disarm and ban certain types
of weapons (see war, laws of) after the war failed, as shown by the outbreak and course
of World War II. The end of hostilities in 1945 saw the world again facing major
international issues, including border rectification, refugee treatment, and administration
of the territory of the defeated enemy.

Recent developments
The nuclear age and the age of space introduced new advances in international law.
Under the auspices of the United Nations, the space law foundation was established in the
1960s. Treaties to allow the internationalization of outer space (1967) and other celestial
bodies (1979) were signed. The Treaty on the Limited Test Ban (See Disarmament, Nuclear)
of 1963 banned nuclear testing in the atmosphere, outer space and underwater. The
Nuclear Non-Proliferation Treaty (1968) sought to limit nuclear weapons spread. Signed by
the United States and the USSR in 1972, the Strategic Arms Limitation Talks
Agreements limited defensive and offensive weapons systems.
This was the first of several bilateral arms treaties that were concluded between the two
nations before the Soviet Union was dissolved. Other treaties covered Antarctica (1959),
narcotic prohibition (1961), satellite communications (1963), and terrorism (1973). The
Sea Law Treaty (1982, in effect since 1994) explained the status of territorial waters and
the exploitation of the seabed. Environmental problems have culminated in and several
years later). There have been several foreign trade deals since the sign in variety of
international treaties, including fisheries agreements (1958), endangered species (1973),
ozone layers (1987 and 1992), biodiversity (1992), and global warming (1992) of the
General Agreement on Tariffs and Exchange (GATT), in 1947.
The European Union (prior to 1993, the European Community) has worked towards
creating a national legal system; a Court of First Instance was set up in 1988 to act as a
court with original jurisdiction on some economic matters. The creation of the
International Criminal Court (2002), which has jurisdiction over war crimes, crimes
against humanity and related matters, marked a significant step forward in international
law, following the repudiation of the treaty by the United States under President George
W. Bush.

Development of International Law by ICJ

There is no provision under the ICJ’s UN Charter or Statute that makes decisions of the
ICJ binding, except on the parties. Under Art. 38 of Statute of the ICJ, clause 1(d)
recognizes the decisions of the ICJ as subsidiary means for the determination of rules of
law”:
Art. 38 (1): The Court, whose function is to decide in accordance with international law
such disputes as are submitted to it, shall apply-
(d): Subject to the provisions of Article 59, judicial decisions and the teachings of the
most highly qualified publicists of the various nations, as subsidiary means for the
determination of rules of law.
Furthermore, Art. 59 of the ICJ Law as between the parties limits the applicability of the
ICJ ruling, which provides for:
“The decision of the Court has no binding force except between the parties and in respect
of that particular case.”
Such two clauses make it clear that, on the one hand, the ICJ has no general authority to
create legislation in the form of a precedent as applicable to courts in many national
jurisdictions; on the other hand, the ICJ’s decisions are not a direct source of international
law, but there are only subordinate ways of determining the law. But does that mean that
the ICJ has absolutely no power to develop or evolve new international law norms? Such
an interpretation will frustrate the progressive development of international law and,
when resolving disputes, the ICJ automatically introduces or develops new norms when
pre-existing rules are not to be enforced.

ICJ can develop or evolve new rules or norms of international law in the following ways:
1. ICJ can recognize newly emerged customs– While referring to customary
law, the ICJ may find a new practice that has come into force or that has
abolished an old custom. This new practice may not have been historically
recognized by the international community, but if it has been continuously
practiced as an opinio juris, it can be accepted by the ICJ. Often it may
accept an instant norm where the subject matter explains the same thing
(like cyber warfare) and state practice is predominantly systematic and
consistent even if for a short time. The ICJ does not create a rule in such
cases, but it is the first to consider a rule that has already been created.
2. Reference to General Principles of Law– It was argued that law is created
not only by agreement, customs or legislature but also by judges through an
interpretation of existing law and the application of general principles of
 law. Sometimes, when there is no treaty or customary law to rely on, the
ICJ may decide its dispute by referring to the general principles of law
existing in domestic legal systems. It is likely that states may follow the
rule because of the ICJ’s pronouncement, and it will eventually emerge as
customary law. In this respect, the ICJ contributes indirectly to the task of
making international law.
3. Making an Entirely New Rule– Renowned jurist James Leslie Brierly has
noted that the role of a judge is not merely the implementation of the law
but also the formulation of a rule to be applied since complete segregation
of legislative and judicial roles can exist only in imagination, not in
practice. If there is no source to rely on to decide a particular dispute (no
custom, no treaty, no general principle of law), then the ICJ may create a
new rule (although it may not expressly state that it acknowledges a new
rule) that may be based on equity, justice, and other relevant factors to
reach a fair solution in a particular dispute.

Development of International Law in India

India’s contribution to international law can not be overemphasized, especially in the
fields of humanitarian law, environmental conservation, and security, technology and
trade laws. At the same time, to meet its international obligations, India has harmonized
many of its domestic laws with international standards and norms. People’s rights,
environmental rules, intellectual property rules, arbitration laws, trade laws, and space
laws are important in this exchange. Implementing international law in India can be
viewed either from the viewpoint of the position of each government or from the
standpoint of each area of law.
The linkages between India’s Constitution and foreign law date back to the days of pre-
independence. Even during British rule, India was the League of Nations’ separate
member. It is also a founding member of the UN. The Preamble includes many core
principles and philosophies that India promises to its people and as a country aims to
achieve. Among other things, the Preamble states that social, economic, and political
justice must be guaranteed for all people and that freedom and equality will be promoted.
Such principles are the foundation of true democracy and their essence is fundamental.
Every nation strives to achieve them.
It is possible to equate the human rights in Part III and the substantive directives to the
State in the form of Directive Principles in Part IV with the Universal Declaration of
Human Rights (UDHR) and to identify commonalities. The United Nations Organization
(UNO) was established as an international body to avoid the collapse of the Third World
War, to maintain international peace and stability and to uphold human rights. Having
that purpose in mind, on 10 December 1948 the nations came together and adopted and
ratified the Universal Declaration of Human Rights. It should be remembered that the Indian
Constitution adopted on 26 November 1950 influenced greatly the history of the human
race and the principles sought to promote and preserve the Universal Declaration of
Human Rights.
Article 51A gives effect to the resolution found in Article 29(1) of the Universal
Declaration of Human Rights, which stresses the obligations of individuals to the general
community. Such responsibilities support society and also assist in the individual’s
complete flourishing. Indian Constitution is one of the few constitutions in the world
which expressly provides for fostering international relations.
Jurisdiction in International Law
Jurisdiction is a practical authority given to a legal body to deal with legal matters by
implications. In Public International Law, the concept of jurisdiction has a strong link
with sovereignty. Jurisdiction allows the State for sovereign independence which they
pass on with the global system of equal States stating the laws related to persons or
activities in which they have a legal interest.
Territorial Jurisdiction of the States
It is derived from State sovereignty and constitutes several features. It is the authority of
the State over persons, property and events which are primarily within its territories.
The State Authority has the power to prescribe, enforce and adjudicate the Rules of Law.
The territorial jurisdiction of the State extends over to its with:
land,
national airspace,
internal water,
territorial sea,
national aircraft,
national vessel,
It does not only encompass the crime committed on its territory but also the crimes that
have effects within its territory. In such a case, a concurrent jurisdiction occurs.
Case law
Liechtenstein v. Guatemala
In this case, Nottebohn a german lived in Guatemala for 34 years. He has his German
citizenship and then he also applied for Liechtenstein citizenship a month after the
outbreak of World War ll.
The application was approved by Liechtenstein. After this approval, he travelled to
Liechtenstein and during his return to Guatemala he was not allowed to enter because he
was deemed to be a German citizen. Liechtenstein filed a suit before the court on
Guatemala to allow him as a citizen.
The Court held that granting citizenship is solely the concern of the granting nation. But
in this case, there is no relationship between Liechtenstein and Nottebohn. This happened
because of the war that they became two nations. Hence, the court said that Nottebohn
wasn’t forced by the Guatemala country to recognise him as a citizen and in result, the
suit was dismissed.
UK vs. Norway (North Atlantic Fisheries Case)
In this case, the UK requested the International Court of Justice (ICJ) to determine how
far Norway’s territorial claim extended to sea and to provide some compensation because
Norway interfered in the fishing vessel of the UK and also claimed that Norway’s claim
to such extent was against International Law.
The Court held that Norway’s claim to the waters was consistent with the International
law regarding the part of the sea space.
Criminal Jurisdiction
Criminal jurisdiction is where the powers of the Court are described in dealing with a
case where a person is accused of an offence. Criminal Jurisdiction is used in many laws
like Constitutional Law and Public International Law.
The three distinct situations where only the accused person can file a suit are:
To control the relation between States, or between one State and another;
To control the relationship between the Federal Courts and Domestic Courts;
Only where he has committed the offence and not in any other State. Also, the law of that
State should be a codified law.
Case Law
SS Lotus Case (France vs. Turkey)
In this case, there was a declaration by Turkey over the French citizen who was the first
officer of the ship that collided with a Turkish ship on the High Sea. It was challenged by
France as a violation of International law.
The Court stated that Turkey has the authority to arrest the French officer under the
Treaty of Lausanne. It also stated that if someone challenges the jurisdiction of a
Sovereign State, then the burden of proof will lie on the plaintiff.
International law is a system of freedom- countries can act in any manner which is not
expressly prohibited. This case is reviewed as a high mark of positivism; that the State
must keep control over sovereignty.
The Court also stated that France and Turkey had concurrent jurisdiction over cases
arising abroad on a French flag vessel on the high seas. Many treaties have overruled
these and said that only the flag State has jurisdiction.
Conclusion

International law, divided into two parts as mentioned above, plays a major role in
governing the countries of the world. International law is a law that is always in the
developing process because there is so much new input and progress made by the
world which has to be inculcated so that it caters to everyone around the globe.

International law take into account the vital role of treaties in international
relations and recognize the growing importance of treaties as a source of
international law and a means of developing peaceful cooperation between states.
In international law, a modern and actively functioning source of law is custom,
which is not only a form of expression of traditional norms, but also an important
way of creating new legal binding rules of conduct for states in those newly
emerging areas of interstate relations that require legal regulation. As for the law-
making decision of international organizations, then they, undoubtedly, should be
considered together, in their unity with the previous sources of law.

At present, international relations actively use such a source of international law as

the final acts of international conferences and meetings. By no means all the final
acts of the conference contain international legal norms and, accordingly, are
sources of international law.
Webliography

1) https://bloh.ipleaders.in
2) https://www.publicinternationallaw.in
3) https://www.researchgate.net
4)https://drishtiias.com
5) https://www.legalservicesindia.com
6) https://legal.un.org