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International law, also called public international law or law of nations, the body of legal rules,
norms, and standards that apply between SOVEREIGN STATES and OTHER ENTITIES THAT
ARE LEGALLY RECOGNIZED AS INTERNATIONAL ACTORS.

2. Public International Law also known as the Law of Nations, is a set of norms aimed at regulating
the interaction between the subjects of international law that participate in international relations.

3. Customary international law consists of those rules that have arisen as a consequence of
practices engaged in by states.

4. The two fundamental elements of custom or customary international law are THE ACTUAL
PRACTICE OF STATES and THE ACCEPTANCE BY STATES OF THAT PRACTICE AS LAW.
The actual practice of states and the acceptance by states of that practice as law. After a practice
has been established, a second element converts a mere usage into a binding custom—the
practice must be accepted as opinio juris sive necessitatis.

5. Article 38 (1) of the ICJ’s statute identifies three sources of international law: TREATIES,
CUSTOM, and GENERAL PRINCIPLES.

a. TREATIES - are known by a variety of terms—conventions, agreements, pacts, general


acts, charters, and covenants—all of which signify written instruments in which the
participants (usually but not always states) agree to be bound by the negotiated terms.

b. CUSTOM - is a general practice accepted as law.

c. GENERAL PRINCIPLES - provide a mechanism to address international issues not already


subject either to treaty provisions or to binding customary rules.

6. States assume obligations and duties under international law TO RESPECT, TO PROTECT and
TO FULFIL HUMAN RIGHTS. The obligation to respect means that States must refrain from
interfering with or curtailing the enjoyment of human rights. The obligation to protect requires
States to protect individuals and groups against human rights abuses. The obligation to fulfil
means that States must take positive action to facilitate the enjoyment of basic human rights.

7. Human rights are UNIVERSAL AND INALIENABLE; INDIVISIBLE; INTERDEPENDENT and


INTERRELATED.

Universal and Inalienable because all people everywhere in the world are entitled to them and all
rights are equal in importance and none can be fully enjoyed without the others.

Indivisible and interdependent because all rights – political, civil, social, cultural and economic –
are equal in importance and none can be fully enjoyed without the others.

Indivisible because whether they relate to civil, cultural, economic, political or social issues,
human rights are inherent to the dignity of every human person. Consequently, all human rights
have equal status, and cannot be positioned in a hierarchical order.

Interdependent and Interrelated because each one contributes to the realization of a person’s
human dignity through the satisfaction of his or her developmental, physical, psychological and
spiritual needs. The fulfilment of one right often depends, wholly or in part, upon the fulfilment of
others.
8. Present day modern international law was evolved during 15th century and was mainly developed
in European continent. Renaissance in Europe has played significant role in the development of
international law. Hugo Grotius is considered as most eminent personality in the field of
international law. He had articulated international order that consist of a 'Society of States' which
should be governed by the law's, mutual agreement and custom rather than by force and or
warfare. Public international law governs the relations between nations and sets forth mandates
for those nations to abide by.

8.2 International humanitarian law began in the nineteenth century. International humanitarian law is
rooted in the rules of ancient civilizations and religions – warfare has always been subject to
certain principles and customs. Since then, States have agreed to a series of practical rules,
based on the bitter experience of modern warfare. These rules strike a careful balance between
humanitarian concerns and the military requirements of States. International humanitarian law
(IHL) is a set of rules that seek to limit the effects of armed conflict. It lays out the responsibilities
of states and non-state armed groups during an armed conflict.

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