The basis behind the law is that peace and order is necessary and chaos is
crucial to a Just and stable existence. Law is that element which binds the
members of the community together in their adherence to recognized values and
Standards. Law is both permissive and Coercive in allowing individuals to
establish their own legal relations with rights and duties in the former and as
it Punish those who infringe its regulations.
Law is especially a set of rules
which regulated behavior and respects the ideas and pre-occupations of the
Society within which it functions. International law differs only in the sense
that it regulates relations among nation States and municipal law regulates
relations between individuals. A municipal law should be based on certain
specific set of values-social, economic and Political and these values form the
base for legal framework which order the life in that environment.
law respects first and foremost the basic state Oriented Character of World
Politics, Units of formal independence benefitting from equal sovereignty in law
and equal Possession of the basic attributes of Statehood have succeeded in
creating a System enshrining such values. The 19th Century’s theory of
Positivism had the effect of focusing the Concerns of International law upon
the Sovereign States.
Together with the Evolution of Individual human rights , the rise of
International Organizations, marks perhaps the key distinguishing feature of
modern International law. law of Nations as it is understood firmly lies in the
development of western culture and political organization. The Classical era of
Greece about Sixth Century B.C has contributed for a rational and critical
thought of minds and its constant questioning ,argument and debate about man
and nature spread through Europe along with Hellenic Culture that Penetrated
Western Consciousness which lead to the birth Renaissance.
The Romans gave
profound respect for Organization and law. Jus Civille was applied among Roman
Citizens and it resulted in the augmentation of Jus gentium ( Law of Universal
application). Basically two theories constitute the basis of obligation under
International Law i.e; Naturalism and Positivism . Natural law is considered to
be vital for the proper understanding of International law as this theory is
Considered to be the Precursor for today’s human rights law. Jus gentium of
Roman law has incorporated Greek ideas of Natural law in order to enshrine
rational Principle common to all civilized nations.
The new approach to modern International law could be traced from the writings
Spanish Philosophers of 16th Century like Franscisco Vitoria, Suarez, Alberico
Gentilli. Hugo Grotius (father of International Law) considered to be Supreme,
Renaissance man and his extensive work De jure Bellic ac Pacis (1623-1624) is
Considered to be remarkable.
According to Brierly, Positivism in International law is nothing but the sum of
the rules by which they have consented to be bound. Anzillotti, one of the chief
exponents of the Positivist School explains that the binding force of
International law is founded on a Supreme Principle or norm Known as Pacta sunt
( Agreements between the States must be respected and followed in good
faith ). The birth of International law can be traced back to ancient times.
Jeremy Bentham has coined the word ‘ International Law’ in 1780 that means the
body of rules which regulate the relations among States.
Law of Nations or International Law is the name for the body of Customary
and Conventional rules which are considered legally binding by Civilized
States in their intercourse with each Other
- J.L. Brierly and Hackworth:
International Law consists of a body of rules
governing the relations between the States.
International Law consists of those rules which determine the Conduct
of general body of Civilized States in their mutual dealings, hostile as well as
The law of Nations is the Science of the rights which exists between
nations or States and of the obligations Corresponding to these rights.
International law is the name of a body of rules which regulate the
Conduct of the States in their intercourse with one another.
International law consists of Certain rules of Conduct which modern
civilized states regard as binding on them in their relations with one another.
The law of Nations or International law consists of body of rules or
International law consists of body of rules and principles of action which are
binding upon civilized States in their relations with each other.
Finally, I would like to Conclude that the basis of International law
is neither wholly natural law nor Consent of Nations. The birth of International
law Creates a new path towards the r of Liberalization, Privatization and
Globalization in an amicable manner for the young generations to Shine in their
innovations and Careers in a Successful way. This branch of legal field creates
a forward path towards the unification of Nation States as One World and One
Written By: A. Jonah Elisa Shiny
|Private International Law
||Public International Law
|It relates to the Individuals in their
dealings with each other.
||It relates to the relations among the States.
|It regulates the relationship between Private
persons of two different States.
||It is the Outcome of International Custom and
|Courts are pre-determined.
||There is no Pre-determined.
|It is known as Conflict of laws.
||It is known as Law of Nations.
|It means a Collection of Standards and rules
applied to Private parties concerning trans-boundary cases with at least
one specific legal foreign dimension in it.
||It is used when a case involves the
regulation of Diplomatic rules and Strategies between the two or more
Sovereign nation –States.
|International Contracts, Torts, Family
matters, Child Adoption, Abduction, Intellectual Property, Real
||State Succession, Recognition, State
Jurisdiction, Asylum, Extradition, International Tribunals.
|Private law forms the Backbone of the Civil
||Public Law forms the backbone for Promoting
peace among the world.