AMITY UNIVERSITY

R A J A S T H A N

AMITY LAW SCHOOL

ARTICLE WRITING

Historical development of PIL and sources of International law

Submitted to: Submitted by:

Vinod Sir --ARYAN ATRAY--
Faculty, Law RollNo.=A21511119030
PIL B.A., LL.B. (Hons.)
ALS - AUR Semester-9

AMITY UNIVERSITY RAJASTHAN

International law, also known as public international law or the law of nations, constitutes a
legal framework that delineates rules, norms, and standards governing the interactions
between sovereign states and other entities recognized as international actors.
It is a branch of law that governs the relations between sovereign states and other
international actors. It establishes the legal framework for interactions on the global stage,
addressing issues ranging from diplomacy and human rights to armed conflict and
environmental protection.
International Legal Framework:
Each country formulates internal laws to govern its society effectively and ensure peace and
security. Similarly, at the international level, when nations convene to establish laws
regulating their interactions, it is referred to as international law.

Definitions of International Law:

Various scholars have offered definitions of international law:
- Fenwick describes it as a body of rules accepted by the global community of nations,
defining their rights and the means of redressing violations.
- J.G. Starke sees it as the principles and rules of conduct that states feel bound to observe in
their relations with each other.
- Prof. L Oppenheim views it as the body of customary and conventional rules binding
civilized states in their interactions.
- J.L Brierly defines it as the rules and principles binding civilized states in their relations.
- Philip C Jessup defines it as the law applicable to states in their mutual relations, extending
to certain inter-relationships of individuals involving international concerns.
- Torsten Gihl describes it as the body of rules applying within the international community
or society of states.
- Gray sees it as a body of rules regulating the conduct of states in their interactions.
- Hall characterizes it as rules of conduct binding modern civilized states in their relations,
comparable to the obligation of a conscientious person to obey domestic laws.

Objectives of International Law

1. Ensure global peace and security.
2. Resolve disputes peacefully.
3. Foster cooperation for the betterment of humanity.
4. Promote disarmament, especially of weapons of mass destruction, and build trust through
confidence-building measures.
5. Collaborate to address global issues such as terrorism, climate change, and refugee crises.
6. Emphasize the implementation of international treaties and conventions.

Nature of International Law

The dynamic nature of international law involves multiple stakeholders, making it
challenging to define. Its nature can be understood through points like the difficulty in
formulating principles, the basis of reciprocity, establishment of frameworks for interaction
between nations, implementation of international law by municipal law, collective action
against violations, and the existence of various sources like custom, treaty, and charters.

Evolution of International Law

International law's roots trace back to ancient times, with early peace treaties and the
development of governance concepts by the Greeks. The Roman Empire introduced the
concept of 'Jus Gentium' (Law of Nation), and the idea of Natural Law expanded the scope of
international law. Modern international law emerged in the 15th century, with the
Renaissance playing a significant role. Hugo Grotius, a key figure, proposed a 'Society of
States' governed by law, mutual agreement, and custom. The Westphalian System established
two schools of international law—naturalist and positivist. The League of Nations (1919) and
the United Nations (1945) are crucial milestones in the formal shaping of international law.
Notable agreements include the Congress of Vienna (1815), Paris Declaration (1856), Geneva
Convention (1864), Hague Conventions (1899 and 1907), Locarno Treaties (1925), Kellogg-
Briand Pact (1928), and the establishment of the United Nations.

International law has evolved over centuries, influenced by various treaties, declarations,
conferences, and international organizations, ultimately aiming to promote peace, justice, and
cooperation among nations.
Dimensions of International Law
International law possesses multiple dimensions, and some key aspects include:

Public and Private International Law

International law is categorized into two types: Public and Private international law. Scholars
have varying opinions on this classification. Public international law governs the
relationships and interactions between sovereign states, covering areas such as territorial
boundaries, diplomatic relations, armed conflict, and human rights. It is implemented based
on treaties and agreements. On the other hand, private international law deals with issues
involving private citizens of different countries or related matters.
P.E. Corbett's Definition:
Private international law consists of rules determining the appropriate law in civil cases
presented before the courts of one state involving a foreign element affecting another country
or its legal system.

Major Differences between Private and Public international Law

1. Public international law holds more significance than private international law.
2. Public international law addresses interactions between states, while private international
law focuses on individuals.
3. Public international law is uniform across countries, whereas private international law
varies among nations.
4. Public international law is formulated by international organizations based on customs and
treaties, while private laws are crafted by individual nations' legislatures.
5. Implementing public international law is more complex than implementing private
international law.

Is International Law a True Law or Not

The nature of international law has been a subject of debate, with conflicting views on
whether it should be considered true law. Jurists such as Hall, Lawrence, and Frederick
Pollock perceive it as law, while John Austin, Holland, and Jeremy Bentham reject this
notion.

Jurists Against It:

John Austin, a prominent figure, argued that international law is not true law but a code of
rules and moral conduct lacking sovereign authority. Holland also denied its status as true
law, considering it distinct from municipal law and lacking legal authority. Jeremy Bentham
and Jethro Brown supported this perspective.

Jurists Supporting It:

Jurists supporting the idea that international law is genuine law include Sir Frederick Pollock,
who stated that it satisfies the conditions required for being law. Hall and Lawrence also
supported this view, emphasizing that international law is treated and enforced like other
laws, based on custom and precedent.
Subjects of International Law
International law encompasses different subjects, and opinions on this matter vary. Three
perspectives include:
1. States Alone are Subject of International Law: Professor L Oppenheim and Percy E Corbett
argue that only states are part of international law.
2. Only Individuals are Subject of International Law: Professor Kelson contends that
individuals ultimately bear the duties of states in international law.
3. States, Individuals, and Other Non-State Entities are Subject of International Law: This
view recognizes all states, individuals, and non-state entities as subjects of international law.

Sources of International Law

Sources are the foundation of international law, representing the procedures, methods, or
ways through which it is created. Important sources include:
1. Treaties and Conventions:
 Definition: Treaties and conventions are formal agreements between sovereign states,
establishing legal relationships governed by international law.
 Importance: Treaties play a central role in shaping international legal obligations.
They cover a wide range of subjects, including human rights, trade, and
environmental protection. Treaties and conventions at global level are most important
sources of international law. According to Article 2 of the Vienna Convention on the
law of treaties, 1969, A treaty is an agreement whereby two or more States establish
or seek to establish relationship between them governed by international law.

2. International Usage and Customs:

 Definition: International usage refers to the consistent behavior or practices of states
in specific circumstances. Customs emerge when these practices are accepted by
states as legally binding. Many times, term custom and usage are used
synonymously. However, they are different as usage is primary stage of a custom. In
international relations, when any State shows some attitude and behaviour, which is
repeated in certain circumstances, it is referred as usage. When this attitude and
behaviour is recognised by the nation, it is referred as custom. These are considered
as the oldest and original source of international law as well as of law in general.
  Importance: Customs are considered one of the oldest sources of international law.
They represent the general practice accepted as law and are evidence of a legal
obligation.

3. Charter of the United Nations:

 Definition: The UN Charter is the foundational document of the United Nations,
outlining the purposes and principles of the organization and the obligations of its
member states.
 Importance: The UN Charter is a key source, guiding the conduct of states in
international relations and providing a framework for collective security and
cooperation.

4. General Principles of Law Recognized by Civilized States:

 Definition: General principles of law refer to fundamental legal principles accepted
by the international community. It is also an important source of international law.
The general principle of law means those rules or standards, which are repeated
over time and are recognised by international community. According to international
organisation, some of the general principles of law are good faith, responsibility,
prescription, res judicata, estoppel, subrogation, etc.

 Importance: These principles, such as good faith and equity, serve as a

supplementary source of international law, providing a basis for legal reasoning.

5. Judicial Decisions:
 Definition: Decisions from international courts and tribunals, such as the
International Court of Justice (ICJ), establish legal precedents.
Judicial decisions of International Court of Justice and Arbitral tribunals have also
acted as a source of international law. Article 59 of the statute of the International
Court of Justice provides that the decision of the court will have no binding force
except between parties and in respect of that particular case. However, decision can
establish new precedent and international organisation and States can enact law
following the interpretation of judgment.
 Importance: While decisions are binding only on the parties involved, they
contribute to the development of international law by providing interpretations and
guidance on legal issues.
6. Jurist Work as Source:
 Definition: The teachings and writings of highly qualified legal scholars and experts
are considered as a supplementary means for determining rules of law. It is
generally not considered as important source of international law.
 Importance: Jurists contribute to the understanding and interpretation of
international legal principles, though their work is not a direct source but aids in legal
reasoning.

7. International Comity:
Definition: International comity refers to the spirit of goodwill and cooperation between
nations, where one nation's actions are reciprocated in a similar manner.
Importance: While not a codified source, international comity influences diplomatic
relations and contributes to the development of customary international law.

10. Decision or Determination of the Organ of International Institution:

Definition: Decisions or determinations made by organs of international institutions, such
as the United Nations, influence the course of international law.
Importance: These decisions shape the policies and actions of member states, contributing
to the development and application of international legal norms.

Conclusion:
In conclusion, international law, also known as public international law or the law of nations,
serves as a comprehensive legal framework governing the relationships between sovereign
states and other recognized international entities. It outlines the rules, norms, and standards
that shape global interactions, encompassing diverse areas from diplomacy and human rights
to armed conflict and environmental protection.

The international legal framework, analogous to internal laws within countries, is established
when nations convene to regulate their interactions on the global stage. Various scholars have
defined international law, highlighting its role in defining the rights and redressing violations
among nations. The objectives of international law include ensuring global peace and
security, resolving disputes through peaceful means, fostering cooperation, promoting
disarmament, addressing global issues, and emphasizing the implementation of international
treaties.