inter nation law
Law,
is the element which binds the members of the community together in the
adherence to recognized value and stardands.It is both permissive in allowing
individuals to establish their own legal relations with rights And duties as in
the creation of contracts and coercive as it punishes those who infringe its
regulations.
According to Professor Charles Cheney,
defined
International law as that body which is composed for its greater part of
principles and rules of the conduct which states feel themselves bind to
observe and therefore ,do commonly observe in their relations with each other.[1]
Oppreheim, also defined Law
of nations or International law that, is
the name for the body of customary and treaty rules which are considered
legally binding by state in there intercourse with each other.
International
law is divided into conflicts of war and private international law and public
international law usually just termed as international law. The former deals
with those cases in which foreign as to the application of foreign law or the
role of foreign courts. Example if two Englishmen make a contract in france to
sell goods situated in paris, an English court would apply French law as
regards validity of that contract. By contract public international law is not
simply an adjumet of a legal order, but a separate system together.[i][ii]
The
nature of the international law one of the most controversial issues that has
long been debated and discussed and on which the opinions of the jurists are
sharply divided some the begging of the science 0f law nations concerns with
the status of international law, Although rules regulating the relations of
states are referred to international in practice consistently since 200 years ,
a number of jurists has expressed doubts on the questions is international law
really law.
One
view is that international law is the true and it is to be regarded as law in
the same way as that of ordinary laws of state which are binding upon the
individuals.
Public
International law concerns with the relation lies between sovereignty nations.
International law consists of rules and principles which govern the relations
and dealings of nations with each other. It is developed mainly through
multilateral conventions. Its modern corpus started to be developed in the
middle of the 19th century.
According to Thomas Hobbes,
argued that law was but a connected of a sovereign enforced by a sanction, In
this tradition more than a century ago John Austin wrote in the province of
jurisprudence determined that,
‘’The law obtaining between nations is not
positive law for every positive law is set by a given sovereign to a person or
persons in a state of subjection to its author’’.
By
definitions ,of course, international law is admittedly not law indeed, such a
narrow definition would exclude much of what we Americans regarded as law in
the late 20th century.
Example,
the U.S constitution and our bill of rights which are designed in no small part
to constrain government power rather than to issues commands to individual
subjects or citizens.
International law is binding in
nature ,is that when state do find it in their interest to
violate international law, they never
seek to justify their behaviors by asserting that the rules don’t matter that
international law is not legally binding and may be disregarded when
inconvention.
Example,
Hilter invaded Poland and Kim II Sung invaded South korea , they issued
carefully statements all enging that they were acting in self defense.
The
united states constitution clearly established that international treaties are
binding law.
Fews issues were debated at greater length
during the 1787 than the location of the power to bind the nation to solemn
commitments with foreign states.
After
more than three months of deliberations during which treaties were discussed on
scores of occasions concern over the magnitude of this power led the framers to
require the consent of two and thirds of senate before the president could
ratify a treaty.
According to john Ausin view,
International law is not legally binding on states.
Law
is the command of the sovereign attended by sanction in case of violation of
the command.
In
other laws should be limited to rules of conduct enacted by determinate
legislative authority and enforced by physical sanction.[2]
The
superior according to him is the real sovereign, through this expression
contains two important elements as follows,
.Law
is the command enacted by the sovereign legislative authority, example any rule
which is not enacted by sovereign or superior cannot be regarded as law.
.It
must be enforced by sovereign authority example if laws are violated, there
should be adequate sanction behind it.
Logically,
if the rules concerned did not in ultimate analysis from the sovereign
authority, which was politically superior or if there were no sovereign
authority, then the rules could not be legal rules, but rules of moral or
ethical validity only.
Applying
this generally theory to international law as there is no visible authority as
legislative power or indeed with any determinate power over the society of the
states, Ausin conducted that international law was not true law but
international positive morality only aral ogeus to the rules binding a club or
society.
Through Oppenheim’s view says
that ,law is the body of rules for human conduct within the community which by
common consent of this community shall enforced by external power, according to
this definition, essentials conditions for the existence of law are three fold,
.there
must be a community
.
there must be a body of rules of human conduct within that community, so that
the community may be orderly governed, all the communities submit to the rule
of law because they wish to afford due to respect and protection to the dignity
of men and nations and
.There
must be common consent of that community that there rule shall be enforced by
external powers. It means that it is noted necessary that rules should be
enacted through law making authority or there should exist a law administering
court within the community concerned.
So,
public international law covers relations between states in all their myriad
forms from war to satellites and regulates the operation of the many
international institutions. It may be universal or general in which case the
stipulated rules bind all the states or practically all depending upon the
nature of the rules or regional where by a group of states linked
geographically or identically may recognize special rules applying only to
them.[3]
The
rules of international law must be distinguished from what is called
international comity or practices such as saluting the flags of foreign
warships at sea, which are implemented solely through courtesy and are no
regarded as legally binding.
Similarly,
the mistake of confusing international law with international morality must be
avoided. While they meet at certain points the former discipline is a legal one
both as regards its contents and its form, while the concept to international
morality is branch of ethics.
However,
this does not mean that international law can be divorced from its value.
Conclusion,
It concluded that at present world is in reality regarded as the international
community, john Austin regarded international law as positive morality in the
19th century, when international community lacked legislation, a
court, sanctioning powers and enforcement machinery . And in view of these if
he concluded that international law is
not a true law , perhaps he was not wrong but presently, international legislation
has come into existence as a result of multinational treaties and conventions.
These include the recognition that certain rules have the character of jus congers,
which reduces the area for the operation of purely consensual rules and
established that within general body of rules of international law there exists
superior legal rules, with which rules of a lower order must be compatible.
Practice
of states suggests that they consider themselves bound by such rules are
violated by a state, sanctions may be applied against it not only by aggrieved
state itself but collectively by the United Nations Organizations [UNO] as well,
international community has international Court of justice, whose decisions
binding upon the parties to case. If a party falls to perform its obligations
incumbent upon it under a judgment rendered by the court. Security council of
the united nations is empowered to take measures to enforce the decisions of
the court, if the aggrieved party seeks the help of the council.[4]
REFERENCES,
Books,
Oppenheim,[1995]. International law,
vol.1,Eight edition.
Law
dictionary , [1999] by Man asad Hakim, labore; mansoor Book house,1 edition.
Austin
john [1790-1859].the philosophy of positive law.
Website.
https//en.wikipedia.org/wiki/international
law,
[1] Oppenheim,[1995].international
law,vol.1,8 edition.
[2] Austin,john [1790-1859].the philosophy of positive
law.
[3] Law dictionary ,[1999] by man Asad
Hakim,labore,mansoor book house ,1 edition.
[4]
https//en.wikipedia.org./wiki/international law
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