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The Creation of International Law: Understanding the Processes
and Sources Involved in its Formation
Introduction
1. International law is a body of legal rules and principles that govern the relations between
states, international organizations, and other subjects of international law. International law also
known as public international law and the law of nations is the set of rules, norms, and standards
generally recognized as binding between states. The United Nations Charter sets out the
fundamental principles of modern public international law, notably: Promotion of human rights;
The strict limitation on the right to use force against other states; The strict prohibition on the
acquisition of territory by force. The sources of international law include international custom
(general state practice accepted as law), treaties, and general principles of law recognized by most
national legal systems. International laws are a critical component of the global governance
system, providing a framework for cooperation and resolving disputes among countries.
2. Each nation may decide how it shall act to secure respect for its rights under international
law. For example, if a nation believes that fishers of another nation are invading its fishing grounds,
diplomatic representatives may first discuss the question. If a settlement is not possible in this way,
the question at issue may be referred to an arbitration commission. The process of creating
international laws is complex and involves multiple actors, including governments, international
organizations, and civil society groups.
3. The creation of international law involves several steps. In this essay, we will discuss the
several forms of International Laws to explore the steps involved in making international laws and
the challenges that arise in this process.
Various forms of International Laws
4. In general, the creation of international law involves a complex and iterative process that
involves the participation of states, international organizations, and other actors. There are several
forms of international law, which are appended below:

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a. Customary International law: Customary international law is a body of
unwritten rules and principles that have been established over time through the consistent
and general practice of states. This form of international law is binding on all states that
have accepted it.
b. Treaties: Treaties are legally binding agreements between two or more states
or international organizations. They are a fundamental source of international law and can
cover a wide range of issues, such as human rights, trade, and the environment.
c. General Principles of Law: General principles of law are fundamental legal
principles that are recognized by the international community. They include principles such
as the principle of non-intervention in the internal affairs of states, the obligation to respect
human rights, and the prohibition of the use of force.
d. Judicial Decisions: Judicial decisions, particularly those of international courts
and tribunals, contribute to the development of international law. They help to clarify the
meaning of existing legal rules and principles and can create new legal norms.
e. International customary law: International customary law is a special form
of customary law that arises from the general practice of states that is accompanied by a
sense of legal obligation. It requires consistent and uniform state practice over time and is
considered to be binding on all states.
g. Soft law: Soft law refers to non-binding instruments that are intended to guide
state behavior, such as declarations, resolutions, and codes of conduct. Although soft law
is not legally binding, it can have significant normative and persuasive value and can
contribute to the development of international law.
International Laws' Creation Process
5. International law is formed by the mutual consent of nations, given either by international
practice or by treaty agreement. Such practices and agreements may involve only two nations
(bilateral agreements) or they may extend to many nations (multilateral agreements). It is made
through a complex process that involves multiple actors, including governments, international

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organizations, and civil society groups. Here are some key steps in the process of creating
international laws:
a. Drafting: The first step in creating international laws is drafting. This involves
the creation of a text that outlines the proposed law. Drafting may be done by a government
or an international organization such as the United Nations. Civil society groups may also
draft proposals for new laws. The drafting process is usually informed by international
norms and standards, as well as by the practical realities of international relations.
b. Negotiation: The second step in creating international laws is negotiation. Once
a draft text has been created, negotiations are held among the interested parties to try to
reach a consensus on the wording of the law. Negotiations may take place at the national
level or in international forums such as the UN General Assembly or the International
Court of Justice. Negotiations can be challenging, as countries may have different interests
and priorities. Compromises must be made to reach a consensus on the text.
c. Adoption: The third step in creating international laws is adoption. If a
consensus is reached, the proposed law is then adopted by the relevant international body,
such as the UN General Assembly or the International Court of Justice. Adoption usually
requires a formal vote. Once a law is adopted, it becomes part of the international legal
system.
d. Ratification: The fourth step in creating international laws is ratification. After
adoption, individual countries must ratify the new law before it can take effect in their
territory. Ratification involves a formal process in which the country agrees to abide by the
law and may require approval by the country's legislature or other governing body.
Countries may have different timelines for ratification, which can slow down the process
of making international laws.
e. Implementation: The fifth step in creating international laws is
implementation. Once a law has been adopted and ratified, it must be implemented by the
countries that have agreed to be bound by it. This may involve changes to national laws or
regulations, as well as cooperation with other countries to ensure that the law is enforced.

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Implementation can be a challenge, as countries may have different legal systems and
institutional capacities.
f. Enforcement: The final step in creating international laws is enforcement.
International laws are usually enforced through a combination of diplomatic pressure,
economic sanctions, and legal action. In some cases, international organizations such as
the International Criminal Court may have the power to enforce the law directly.
Enforcement can be difficult, as countries may be reluctant to comply with international
legal obligations if they conflict with their own national interests.
Conclusion
6. In conclusion, the creation of international law involves a complex and iterative process
that involves the participation of states, international organizations, and other actors. International
law is a dynamic and evolving body of rules and principles that govern the relations between states
and other subjects of international law. Its sources include customary law, treaties, general
principles of law, judicial decisions, international customary law, and soft law. International law
is constantly evolving and adapting to new challenges and circumstances, and its development
depends on the willingness of states to cooperate and comply with its rules and principles.
International laws are a critical component of the global governance system, providing a
framework for cooperation and resolving disputes among countries. The development of
international law depends on the willingness of states to cooperate and comply with its rules and
principles, and on their ability to adapt to new challenges and circumstances. As the world becomes
increasingly interconnected, the importance of international law in promoting peace, security, and
cooperation among states has become more apparent than ever.