Public international

law
INTRODUCTION
Continuous debate and Several questions arises

What is International law?

Is this law a true law?
AIM AND OBJECT
of International Law
To organize the relationship between Independent
Sovereign State and their duties along with the
obligation in between them.
Though the concept of State has emerged in last few
centuries.
But before this the notion of International law had its
roots.
And rather that could be traced since time
immemorial
HISTORY
Though International law is developed
systematically but only in this eight to nine
centuries, it has developed.
But during the ancient period states were
governed by certain rules based upon the law
of nature.
VEDIC PERIOD
States can live in a community in which their international relations
are governed by certain rules and custom based on the common
consent of the members of that community.
MOHENJO DARO
https://www.youtube.com/watch?v=JIMe0KiS2A8
https://www.youtube.com/watch?v=y8-q1ufoYSY

Inancient India, a large number of states means ‘RAJYAS’ or

‘KINGDOMS’ were there.
They followed the rules of DESH DHARMA
Desh dharma is legally the product of a common
religion, culture and civilization which they
possessed as their common heritage.
During those days to govern the relationship between
two states, there were DUTA means
AMBASSADORS.
In the age of Ramayana or Mahabharata. The post of
Ambassador was reserved for the persons of the
highest ability, character and status.
Ambassador was a person who used to be expert
and having an eminent knowledge in all fields.
This duta’s were required to perform many
functions which are identical to the modern
international law.
Functions of Duta
Seek an information

Seeks favours from enemy

Maintain good relations with the high ranking officers.

Gather information regarding movements of armed forces.

Enjoys immunities and privileges.

 POST VEDIC PERIOD
There were merger of Kingdoms.
The Conquerors used to follow the natural law principles
of justice prescribed in the form of divine law in the Vedas
and other Hindu sacred books.
https://www.youtube.com/watch?v=jyOrHE19r9k
It was an era were they had to respect the local
laws and customs.
These rules were obligatory on the part of the
states which means Kingdom.
There were certain norms and customs to
which they had to abide themselves.
 EXAMPLES
1. Trespassing the territory of others.
2. During the periods of war that not to kill an enemy who
was injured or who had surrender.
3. There was a stipulation in regard to who could or could
not be killed in war.
4. Example of Pitamabhishma.
Laid down in “Manava dharmashastra”.
It was treated as law and was not on the basis of
common consent.
The fact was that they enjoyed the law of dharma and
had therefore to be obeyed.
During those days, there was no such treaties and
agreements between the states.
Rather they were unknown in that age.
Therewas an unwritten law in the form of
command, called, DHARMA.
Dhar means ‘to hold’
MA means ‘which gives birth’
Dharma was to be the bases for the governance of the
people.
The notion of dharma had its underpinnings in the
Hindu Scriptures or in Vedas.
It was unwritten command which was binding upon
the Kings.
FACETS OF DHARMA
Dharma does not mean religion but it is to be
understood as some supernatural thing in the form
of sacred duty.
The two most relevant facts are
Raj Dharma
Desh Dharma
These were the uncodified rules of conduct meant for
sovereign in relation to other Sovereign and their
citizens.
This uncodified rules in the form of Dharma
constituted the core of International law for internal
relations among two or more independent
kingdoms.
They are the instances of soft norm of todays
modern notion of international law.
Prof H.L.A. Hart, a noted modern positivist jurist in
the 20th century has discussed the nature of law or the
concept of law.
He has pointed out that during ancient period in
absence of well organized International legal orders.
The Societies went on to progress and develop
further.
In fact, the traditional and orthodox approach of
International law has played a major role in
evolution, emergence and development in today’s
circumstances.
With the passage of time and rapid growth of
advance technology, nuclear armament and
biological weapons along with mass destructive
weapons, the whole nation has underwent a drastic
change.
The World has witnessed two world wars and
therefore, international law was required to be
reshaped.
The emergence and application of international law
and its subsequent development was not only
influenced by Juristic thoughts.
But basically it was influenced by the circumstances
which have occurred along with the changing faces
of the nature of the state.
The basic goal of international law initially was to only
maintain peace at international level amongst various
sovereign state.
But with the passage of time, the whole International
scenario has underwent a change and the world was
divided in several such blocks depending upon their
Economic, Culture, National or Security interest.
The wide gap has been occurred between develop
and developing countries.
It was resulted in misery to human society.
In 1919, League of Nation after 1st World war and
then the United Nation Charter 1945 after the 2nd
World war was established to govern, regulate,
monitor and control the international relations
between Sovereign states.
The United Charter and its various organs
established under the charter where to be perceived
as International government for the functioning of
the state.
With the changing scenario and the changing role of
the United Nations resulted in restructuring the
whole gamet of International law in today’s modern
circumstances.
Since there is a scientific and technological
development which has occurred and accordingly
even the interest of the states were developed which
had required to give a new form to international law
.
As the journey of international law was on its way,
we find or rather we should take an important note
of a jurists Hugo Grotius.
Grotius infused the idea of natural law i.e. the law
of reasoning in the law of nations because he
considered that they are eternal and not changeable.
That does not mean that he denied customary rules for
the international conduct of the states.
But he stated that customary law of nations are of
minor importance and concentrated more upon the
natural law of nations.
His principle of “pacta sunt servanda’ is very
important.
It means agreement between the two sovereign
states shall be respected.
This is because of the view that international law
regulates the relations between the Sovereign states
not only in the time of peace but also in the time of
war.
Because of his immense contribution, he is called
“Father of the law of nations.”
 19 Century
th

Internationallaw developed rapidly.

Due to the emergence of new states, it did not only
confined to Europe and Christian States.
In fact, America was the most important states
which entered into the family of nations.
Rather the states began to negotiate with others on
issue which were of importance to all the states of
International community.
The result of all this was that methods of warfare
were introduced because of the scientific
developments.
It also led the states to conclude multilateral treaties
on rules and regulations of war.
Then even states began to submit their dispute for
arbitration whose awards were regarded by them as
binding.
 20 Century
th

Emphasized was given to the rules of International

law which derived form custom and treaties.
They also recognized that reason and justice are
also important at least in those cases where practice
of the states were not available.
The factor contributed largely to the development of
International law

The League of Nation 1919

United Nation Organization 1945

International Court of Justice.

Even handling of social, culture and economic
problems of the states by the International
Organizations is an important event of the present
century.
Rules have been made by conclusion of treaties in
many frontiers.
Codification of International law has been an
important feature of International law.
Rules of International law were ambiguous and
uncertain have been made systematically in written
form.
Lastly, International law has not only remained
limited only to the relations of the states.
But International organizations and individuals have
also been regarded as subjects of International law.
All these factors have led International law to reach
at a stage which is much ahead from the time it was
originated.
But still we find, it is a weak law.
As we study further, we will understand its limited
effectiveness.
THE END