• https://blog.ipleaders.

in/nature-definition-international/#Introduction

• https://www.youtube.com/watch?v=seLN-_BPPgU
 NATURE OF INTERNATIONAL
LAW
•A Modern state cannot lead a isolated life in the
present context of world affairs.
•The more a state is civilized and perfect in its
organization, the greater and more intimate
shall be its relation with other states.
•It means Government has to conduct its internal
as well as external affairs.
•There is now no such thing as an internal
affairs, in fact it is almost impossible for one
country to isolate itself form rest of the world
and to pursue policies whether economic, social
or military.
•“Honestly give your opinion about the
food shortage in your country and in
the rest of the world”…….This
survey………. Failed.
ORIGIN OF TERM
‘INTERNATIONAL LAW’
•International law was first coined by JEROME
BENTHAM in 1780.
• Bentham fathered the term international law
which was eventually to replace the older phrase
law of nations.
• The term International Law is synonymous with the term law
of nations.
• It is a body of rules and principles which regulate the conduct
and relations of the members of the international community.
• International law is the set of rules generally regarded and
accepted as binding in relations between states and nations.
• It serves as the indispensable framework for the practice of
stable and organized international relations.
• International law differs from national legal systems in that it
primarily concerns nations rather than private citizens
DR. LAWRENCE

•The rules which determine the conduct of the

general body of civilized states in their mutual
dealings.
• It means states behave in civilized manner with
other states.
•The basic object is to protect and promote
international peace and progress as well as to
forge a civilized bond between the two nations
for the sake of humanity.
OPPENHEIM
•International law is ‘the name for the body of
customary and conventional rules which are
considered legally binding by civilized states in
their communication with each other.’
•He has only acknowledge customs and
conventions and not the other sources of
International law.
•But rather with change in time, resolutions of
General Assembly and decision of International
court are equally important.
KELSEN

•International law is the name of body of rules

which regulate the conduct of states in their
interaction with one another.
•This definition is not applicable to those legal
system which follows dualistic pattern i.e.
Municipal or International law.
•International law is a law of nation has been
accepted across the world.
STARKE
•International law as “that body of law which is
composed for its greater part of the principles
and rules of conduct which state feels
themselves bound to observe and do commonly
observe in their relations with each other.”
It also includes:
a) The rules of law relating to functioning of
international institutions, their relation with each
other and the relations with states and
individuals.
b) Certain rules of law relating to individuals
and non state entities, so far as the rights or
duties of such individuals and non states entities
are common under the international community.
•The definition appears to be much more wider
and broader than other definitions.
•It speaks about most of the pervading features
of International law in today’s modern
developed circumstances.
3 DIFFERENT PARTS OF
DEFINITION
1. Deals with the relationship between two
sovereign states.
 This part is rather the replica of Hugo
Grotious principle ‘pacta sunt survanda’
2. Deals with the relationship between
institutions or organizations and states or
individuals.
It is related with international organization
either at regional or local levels which are part
and parcel of international mechanism in relation
to international law.
3. Deals with the relationship between
individuals and non state entities which are the
concern of International community or
International world.
It demonstrates the emerging current trends in
the realm of international law.
POINTS OF VIEW OF
DEFINITION
• Starke’s definition seems to satisfy all these four
requirements.
• The notable feature of this definition is that
international law is a kind of a binding in nature
along with its necessity
to maintain good relationship between the two
sovereign state or to maintain peace and order
and to respect each other’s territorial and political
sovereignty.
DIFFERENCE BETWEEN
IS INTERNATIONAL LAW
A TRUE LAW

•http://www.legalservicesindia.com/article/
1249/International-Law:-Bird.html
•This question arises because….. has it any
binding force or sanction.
•Opinion has sharply been divided on this
question.
•The leading English writer on Jurisprudence
John Austin in 19 century stated that
th

International law is not a true law.

•But it is a code of rules of conduct of moral
force only.
•Even Hobbes and Pufendorf who answered this
question in an negative manner.
•Because there is no binding force or the
command of the superior or sanction behind it.
•Holland maintained that International Law
differed from ordinary law and it is also not
supported by the state.
•Bentham also criticized international law.
•He stated it is that law which is not proper.
•Where as Hall and Dr. Lawrence maintain that
international law not only operates as law but is
distinct from international morality in its rules
and sanctions.
•No doubt that the International law is less
imperative and less explicit.
•Then the state law but nevertheless, it is a law
in as much as it enforced.
•Means it is observed by almost all nations and
almost all times that how the international law
comes forward for peaceful relations and
co-operation.
•However, its rules are not as effective as rules
of municipal law.
CERTAIN REASONS

1. Rules of International law exists as a result of

international treaties and customs and therefore,
they are not comparable with state legislative.
2. There is no court in the true sense.
Though there is an International Court of Justice
which is considered as a ‘world court’.
But it does not have jurisdiction to decide the
disputes of all the states.
Since the courts acts only with consent of states.
3. Enforcement machinery are not effective.
In Municipal law, it is assumed that the law
will be enforced.
If a person commits a crime, he shall be given
punishment in accordance with law.
This may be not the case in international law.
•Therefore, these are the few reasons because of
which we could say that it is a weak law.
•But that does not mean that it is not a law at all.
•But the solution to the question whether
International law is a true law or not depends on
the definition of law which one may choose to
adopt.
•But with the change in time, it is becoming a
strong law.
•States are also required to co-operate fully to
make international law more effective as it is
based on common self interest and necessity.
•In today’s state, powerful states should take a
lead in this direction.
•International organization is giving security and
therefore we need international law to become
powerful.
•The Security Council is empowered to take
action against the culprit state and United
Nations specialized agencies.
•It may be concluded that at present, World is
regarded as an international community and it is
difficult to see how any community of nations
can exists or will have no law.
•Ubi societas, ibi jus means whenever there is a
society, there is a remedy.
•Members of the community recognize and
observe these rules and affirm that there is a set
of rules for regulating their conduct.