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Introduction to international law

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Subject: International Law Exam Notes Page 1

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International Law
Introduction
The Public International Law is a very significant discipline with global reach which is
basically regulates the conduct of states in this global village. As the term was firstly used by
the English Philosopher “Jeremy Bentham” in his book “The Principles of Moral and
Legislation” previously used as the Law of Nation by Jeremy Bentham in 1789.
Meaning:
Etymologically, it is the combination of “Inter” which means “between/among” and
“Nationals” which means “Nation/State/Country”. So it means “Between the States”
Literally it means that law which is applicable between nation states.
Definitions of International Law:
There is no unanimous definition of International Law due to its disputed nature, so different
jurists define it in different ways:
Oppenheim
According to Oppenheim, International Law is the Body of customary and conventional rules
which we considered binding on civilized states in their relation with each other.
Alf Rose
According to Rose, International Law is the body of legal rules binding upon states in their
relation with each other.
Modern Definition
International Law is a body of rules among states in their relation with each other and
International Actors such as INGO, NGO, UN etc
Development of International Law/Historical Background
Ancient Concept
There is no precise date or period but about 5000 years before some politically organized
societies started emerging and they made some rules for governing those political societies..
Finally those societies started separate identities and border disputes emerged between two
states that were Lagash and Umma around 3100 B.C inscribed on a Black-Stone and settled
prescribed boundaries. These states criticized their boundaries.
Roman Development
In Roman there were two types of laws i.e “Jus Civil” the law applicable upon Roman natives
and secondly “Jus Gentium” law applicable between Roman natives and Foreigners. It was
first true International Law. Slowly and gradually, that law transformed into the law between
City States.
Modern Concept
After Second World War, the World leaders started thinking about a peaceful forum to settle
their disputes though the World also witnessed a serious blow to the International Peace in
First World War after which League of Nations was established. So the International Law
gained a persuasive authority after establishment of United Nations and International Court of
Justice.
Kinds of International Law
There are two main kinds of International Law:
1. Public International Law
A body of legal rules among the states which regulate their relationship.
A law which deals with the conduct of two or more Sovereign states.
Public International Law is composed of the laws, rules and principles that deal with
the conduct of nation states and International Organizations among themselves as well
as relationship between nation states and International Organizations with person.
International Law is also called as “Law of Nations”.
2. Private International Law
The branch of International Law which determines that which law is to be applied to a
specific case containing a foreign element.

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Subject: International Law Exam Notes Page 1 International Law Introduction The Public International Law is a very significant discipline with global reach which is basically regulates the conduct of states in this global village. As the term was firstly used by the English Philosopher “Jeremy Bentham” in his book “The Principles of Moral and Legislation” previously used as the Law of Nation by Jeremy Bentham in 1789. Meaning: Etymologically, it is the combination of “Inter” which means “between/among” and “Nationals” which means “Nation/State/Country”. So it means “Between the States” Literally it means that law which is applicable between nation states. Definitions of International Law: There is no unanimous definition of International Law due to its disputed nature, so different jurists define it in different ways: Oppenheim According to Oppenheim, International Law is the Body of customary and conventional rules which we considered binding on civilized states in their relation with each other. Alf Rose According to Rose, International Law is the body of legal rules binding upon states in their relation with each other. Modern Definition International Law is a body of rules among states in their relation with each other and International Actors such as INGO, NGO, UN etc Development of International Law/Historical Background Ancient Concept There is no precise date or period but about 5000 years before some politically organized societies ...
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