Ch.01 def. of int. law p.1

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Ch.01 def. of int. law p.1

  1. 1. 1
  2. 2. Definition ofInternational Law1Lecture Outline: Meaning of International Law Traditional Definition Modern Definition
  3. 3. Generally International Law means that law whichregulates the relationship between Internationalactors Meaning:Meaning of InternationalLawThere is no unanimous definition of InternationalLaw due to the disputed nature of the term lawitself.Hence, different jurists define it in different waysLiterally, International Law means Law applicablebetween Nation StatesHomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties1-3
  4. 4.  Traditional Definitions:Law of Nations or international law is the name for thebody of customary law and conventional rules which areconsidered binding by civilized states in their intercoursewith each other.L. Oppenheim:1-4International law is the body of legal rules binding uponstates in their relations with one another.Alf Rose:Definition of InternationalLawInternational law is set of rules which determines theconduct of the general body of civilized state in their mutualdealings.Lawrence:HomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties
  5. 5. International Court of Permanent Justice (PCIJ):[In SS Lotus Case: France v. Turkey (1927)]:International Law governs relations between independent states.The rules of law binding upon states therefore emanate from theirwill as expressed in conventions (Treaties) or by usages generallyaccepted as expressing principles of law established in order toregulate the relations between these co-existing independentcommunities or with a view to the achievement of common aims.1-5HomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties Traditional Definitions:Definition of InternationalLaw
  6. 6. NatureSourceSubjectsFunctions Essentials of Traditional Definitions:Law/Body of RulesCustomary/ConventionalNation StatesMutual RelationshipBody means something compact which is unchangeable1-6HomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreatiesDefinition of InternationalLaw
  7. 7.  Criticism on Traditional Definitions:Firstly: Not a body but a process Not static but changing Reinterpretation and reshaping of rulesSecondly: Article 38 of UN Charter lists other sources as well apartfrom Agreements and Customs. For example, ‘GeneralPrinciples of Law recognized by Nation State” etc.1-7HomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreatiesDefinition of InternationalLaw
  8. 8. Thirdly: Not only Nation States but now-a-days other organizations like NGOsand IGOs are also having certainrights and duties under internationallaw.Fourthly: Not only Nation State but even privateindividuals are also having somerights and duties under Internationallaw.1-8HomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties Criticism on Traditional Definitions:Definition of InternationalLaw
  9. 9. International is the standard ofconduct, at a given time, forstates and other entities subjectthereto.Whiteman:1-9HomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties Modern Definitions:Definition of InternationalLaw
  10. 10. International Law may be defined as that body of lawwhich is composed for its greater part of the principlesand rules of conduct which States feel themselves boundto observe, and, therefore, do commonly observed in theirrelations with each other, and includes also --J.G. Starke:The rules of law relating to the functioning ofinternational institutions or organizations, their relationswith each other, and their relations with states andindividuals; and1-10HomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties Modern Definitions:Definition of InternationalLaw
  11. 11. 1-11HomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties Certain rules of law relating to individuals and non-States entities so far as the rights or duties of suchindividuals are the concern of the internationalcommunityDefinition of InternationalLawInternational Law may be defined as that body of lawwhich is composed for its greater part of the principlesand rules of conduct which States feel themselves boundto observe, and, therefore, do commonly observed in theirrelations with each other, and includes also --J.G. Starke: Modern Definitions:
  12. 12. A process whereby the common interests ofinternational society is safeguarded andenhanced is called International Law.1-12HomeDefinitionsGen. SylbsCasesPart IntroHEC SylbsTreaties ConclusionDefinition of InternationalLaw
  13. 13. Thank you
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