Public International law has been an ever-evolving field and it is difficult to define it. Many Philosophers like Benthem, Oppenheim, and Stark have attempted to define it

1. PUBLIC
INTERNATIONAL

2. TEXT
WHY PUBLIC?
▸The international law is mostly between two nations or more

3. WHEN WAS THE FIRST TIME TERM
INTERNATIONAL LAW WAS USED?
▸Jeremy Bentham 1780
▸Does it mean that there was no International
law before it?
▸Before the term that was used was “law of
nations”
▸Difference between “national law” and
“international law”
▸One nation

4. TEXT
DEFINITION OF INTERNATIONAL LAW
▸Traditional Approach
▸Oppenheim’s definition (1905)
“the name for the body of customary and conventional rules which are considered legally
binding by civilised states in their intercourse with each other.”
▸1. International law consists a body of rules governing the relations between states. Here
relation is official intercourse through foreign offices, ministry of external affiars.
▸2. States regard these rules as binding on them in their relations with one another.
▸3. Such rules are derived from customs and treaties.”
▸Definition by Kelson
▸“International law or the law of Nation is the name of a body of rules which, according to the
usual definition, regulate the conduct of the States in their intercourse with one another.”

5. CRITICISM OF OPPENHEIM’S
DEFINITION
▸Does International law is used between two states only?
▸Though considers rights and duties of states but does not consider International institution and
organisation.
▸ What do you think about the word ‘civilised’ used in the definition
▸The use of the term ‘civilised states’ by Oppenheim. In not too distant past, the western States
regarded only the ‘Christian State’ as ‘Civilised States’. e.g. China- 5000 year old
▸So International law consists of Customs and treaties only?
▸Article 38 of the Statute of ICJ mentions “ General principle of law recognised by the civilised
nations” as third source of International law while deciding on international dispute
▸Is International law dynamic or static?
▸It is dynamic and living. It is continuously reinterpreted and reshaped

6. DEVELOPMENT ON OPPENHEIM’S
DEFINITION
▸Previous Definition
▸“the name for the body of customary and conventional rules which are
considered legally binding by civilised states in their intercourse with each
other.”
▸Updated Definition
▸“International Law is the body of rules which are legally binding on states in
their intercourse with each other. These rules are primarily those which govern
the relations of State, but States are not the only subjects of international law.
International organisations and to some extent, also individuals may be subject
of rights conferred and duties imposed by international law.”

7. WHAT IS INTERNATIONAL LAW?
▸Modern Approach
▸Stark’s definition
▸“International law is that body of law which is composed for its greater part of the
principles and rules of conduct which states feel themselves bound to observe, and do
commonly observe in their relations with each other, and which includes also:
▸1. The rules of law relating to the functioning of international institutions/organisations,
their relations with each other, and their relations with States and individuals; and
▸2. Certain rules of law relating to individuals and non state entities so far as the rights
or duties of such individuals and non-state entities are the concern of the International
community”

8. WHAT’S SO GREAT ABOUT STARK’S
DEFINITION
▸Widened the scope
▸Apart from states he has included the rights and duties of
international institutions as organisations, individuals and
other non-state entities.
▸Why such addition?
▸United Nations and it’s specialised agencies

9. DEFINING THE INTERNATIONAL IS NOT
EASY IN MODERN TIMES
▸The scope that needs to be covered is wide
▸Sovereignty of many states is disputed
▸New entity could evolve and then it will be tough to
accommodate it in the definition