INTERNATIONAL LAW

PRESENTED ON 27.01.2010 BY OSAMA RIAZ UCP-PCBA

BACKGROUND...

In any given society where people live together, conflicts of interests are bound to arise and there is always the need to do justice. Rules for the regulations of human conduct are, therefore, present in all societies. They are necessary for the stability and peace because man would not know how he should behave. As the relations of the individuals in a society are governed by municipal law, the relations of the states are governed by International law. Like National law, International law also maintains international order and stability in the society of nations. It is in the interest of states themselves to agree and to regulate

DEFINITION :

International law means the law among nations. It is a law which governs the conduct of states interests. International law is the body of rules which defines and regulates the relations of states in the international society. It creates rights and obligations on the states. According to Lawrence, “International law is the body of rules of civilised states in their dealings”. According to Hall, “International law consists in certain rules which modern states regard in this relation with one

NATURE & FUNCTIONS

International laws are frequent especially during the war periods. One of the biggest limitations of the International law is its enforcement. International Court of Justice has no power to enforce its judgements on the states. The states are free to obey or disobey the decisions given by the ICJ. Violations of International law are certainly frequent, especially, during the war periods. The states in breaking International law never deny its existence but interpret it in a way as to justify their actions. For Example, US Invasion of Iraq in 2003.


According to Austin, ‘’Every law must be backed by the authority of the state and if that element is lacking, it cannot be called law’’. If this definition is applied to International law, it cannot be called law in the true sense. There is no political authority over and above the states to enforce the rules of International law. Modern writers regard International law as true law. In spite of a number of weaknesses in International law, modern jurists do not deny its legal character and consider it as something binding.

Maritime delimitation Romania vs. Ukraine 2004

In 1997 both agreed that if no resolution

on maritime borders can be reached within two years, then either side can go to the International Court of Justice to seek a final ruling Romanian side brought up the case in 2004 At last in Feb 2009 court make final ruling, which divided the sea area of the Black Sea along a line which was between claims of each country Where Ukraine considers the ruling ‘’just & final’’ as well of Romania

INTERNATIONAL LAW

NATIONAL LAW

Which is recognizes & forced by  It is passed by the national International Community like UN, governing body of a nation that EU etc. only applies to said sovereign nation. Adopted by states as a common  Issued by a particular political rule of actions among themselves. superior for the observance of those under the authority within a state.  Regulates the affairs of the  Governs the relationship between International community the Citizens and the state

It comprises of States, International organisation & Institutions and other entities

Made by Parliament

Monism In International law:Assume that the Internal & International

legal systems form a unity Both national legal rules and International rules that a state has accepted, for example by way of a treaty, determine whether actions are legal or illegal Simply If in Holland A citizen feels his human rights are violated he can go to Dutch judge and the Judge must apply Law of Convention, He must apply International law even if it is not in agreement with Dutch Law.

Dualism In International law:Dualism is a legal concept which contends

that national law and International law are two separate and distinct areas of law. In dualist approach International law is translated into national law for implications etc.

Conclusion
A. V . Dicey gave the concept that, ‘’No one is above

the law and no one may act outside the law’’.

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