Textbook: International Law | Legal Studies for Class 12 - Humanities/Arts PDF Download

 Page 1


International Law
Learning Outcome :
Students will be able to:
•	 trace historical evolution of international law
•	 explain international law
•	 differentiate between Public and Private International Law
•	 understand the sources of international law- Customs, Treaties and ICJ (International Court of 
Justice) Decisions
•	 appreciate the role of various international human rights conventions, treaties and agreements
•	 understand the interplay between international and municipal laws of India
•	 identify the role of International Court of Justice and International Criminal Court in dispute 
resolution
A. Introduction
Every state has their own respective laws (domestic laws) which regulate the conduct of its citizens. 
These laws regulate the private, social, commercial and other activities of individuals. These internal 
laws (Municipal laws) also help in regulating the conduct and affairs of the state machinery. 
But what happens when there is a dispute between two or more state parties? Which body of law 
governs their conduct? Which jurisdiction is to be applied in case of disputes related to private parties 
across different jurisdictions? The world requires a framework through which interstate relations can 
be developed. The answer to these situations lies in International Law.
B. Historical Evolution of International Law
The term ‘International Law’ was first coined by the English 
philosopher, Jeremy Bentham in 1780. The Dutch jurist Hugo Grotius (1583–
1645) is considered to be the founding father of modern international 
law and has greatly influenced the development of this field. 
Grotius emphasized the freedom of the high seas (1625; On the Law of 
War and Peace), an idea that rapidly gained acceptance amongst northern 
European powers that were on a mission to explore the world and colonize it.
The origin of international law is embedded in history and can be traced to cooperative agreements 
between peoples in the ancient Middle East but the essential structure of international law was mapped 
out during European Renaissance.
UNIT
6
Hugo Grotius
Page 2


International Law
Learning Outcome :
Students will be able to:
•	 trace historical evolution of international law
•	 explain international law
•	 differentiate between Public and Private International Law
•	 understand the sources of international law- Customs, Treaties and ICJ (International Court of 
Justice) Decisions
•	 appreciate the role of various international human rights conventions, treaties and agreements
•	 understand the interplay between international and municipal laws of India
•	 identify the role of International Court of Justice and International Criminal Court in dispute 
resolution
A. Introduction
Every state has their own respective laws (domestic laws) which regulate the conduct of its citizens. 
These laws regulate the private, social, commercial and other activities of individuals. These internal 
laws (Municipal laws) also help in regulating the conduct and affairs of the state machinery. 
But what happens when there is a dispute between two or more state parties? Which body of law 
governs their conduct? Which jurisdiction is to be applied in case of disputes related to private parties 
across different jurisdictions? The world requires a framework through which interstate relations can 
be developed. The answer to these situations lies in International Law.
B. Historical Evolution of International Law
The term ‘International Law’ was first coined by the English 
philosopher, Jeremy Bentham in 1780. The Dutch jurist Hugo Grotius (1583–
1645) is considered to be the founding father of modern international 
law and has greatly influenced the development of this field. 
Grotius emphasized the freedom of the high seas (1625; On the Law of 
War and Peace), an idea that rapidly gained acceptance amongst northern 
European powers that were on a mission to explore the world and colonize it.
The origin of international law is embedded in history and can be traced to cooperative agreements 
between peoples in the ancient Middle East but the essential structure of international law was mapped 
out during European Renaissance.
UNIT
6
Hugo Grotius
(i) International Law vs. Domestic Law
International law is an independent system of law that exists outside the legal orders of particular 
states. International law differs from domestic (Municipal) legal systems in a number of respects: 
?	 United Nations (UN) General Assembly consists of representatives of around 190 countries. 
Although it has an outward appearance of a legislature but it has no power to issue binding 
laws. 
?	 The resolutions passed by UN General Assembly serve merely as recommendations except in 
certain cases, such as to determine the UN budget, while admitting new members of the UN, 
and electing new judges to the International Court of Justice (ICJ) along with the Security 
Council.
?	 The international court system does not have absolute jurisdiction in international law. In 
contentious cases, the ICJ’s jurisdiction requires the consent of the particular states that are 
involved. 
?	 Also, there is no international police force or system of law enforcement, and there is no supreme 
executive authority.
?	 The UN Security Council may authorize the use of force in specific cases to compel states 
to comply with its decisions only where there is a prior act or threat of aggression. Any such 
enforcement action can be vetoed by any of the Security Council’s five permanent members 
(China, France, Russia, the United Kingdom, and the United States). The forces involved must 
be assembled from member states on an ad hoc basis as there is no standing UN military.
Therefore, international law is a weak law as compared to municipal law. But unlike 
municipal law, international law functions in a decentralised manner. All States consider themselves 
independent and sovereign. The rules of conduct that exists between nations are based on customs of 
hundreds of years, international agreements and treaties. There is common consent of the community 
of nations for the enforcement of the rules and principles for international conduct.
As per Oppenheim’s view, International Law is a true law. But according to Austin’s View, International 
law is not a true law as any rule which is not enacted by any superior or legislative authority, cannot 
be regarded as a law. 
(ii) International Law and International Relations
International law is a distinct part of international relations. 
States normally conform to relevant rules and principles of international laws while responding to any 
international situation, if and when it arises. The states are conscious to not be negatively viewed by 
the international community.
The rules of international law are based on reciprocity or self-interest. Breach in international rules 
by a State may result in loss of its credibility and that may affect it in future relations with other states. 
For instance, if a State violates a treaty  to its advantage, it may induce other states to breach other 
treaties. This may ultimately cause harm to the state that first violated the treaty. 
When international rules and principles are followed by States it creates value of certainty, predictability, 
and sense of common purpose in international affairs. 
Globalization in the 1980’s resulted in increase in international and regional organizations both in 
number and influence. This has resulted in expansion of international law to cover the rights and 
obligations of international organisations. New international law is now frequently created through 
Page 3


International Law
Learning Outcome :
Students will be able to:
•	 trace historical evolution of international law
•	 explain international law
•	 differentiate between Public and Private International Law
•	 understand the sources of international law- Customs, Treaties and ICJ (International Court of 
Justice) Decisions
•	 appreciate the role of various international human rights conventions, treaties and agreements
•	 understand the interplay between international and municipal laws of India
•	 identify the role of International Court of Justice and International Criminal Court in dispute 
resolution
A. Introduction
Every state has their own respective laws (domestic laws) which regulate the conduct of its citizens. 
These laws regulate the private, social, commercial and other activities of individuals. These internal 
laws (Municipal laws) also help in regulating the conduct and affairs of the state machinery. 
But what happens when there is a dispute between two or more state parties? Which body of law 
governs their conduct? Which jurisdiction is to be applied in case of disputes related to private parties 
across different jurisdictions? The world requires a framework through which interstate relations can 
be developed. The answer to these situations lies in International Law.
B. Historical Evolution of International Law
The term ‘International Law’ was first coined by the English 
philosopher, Jeremy Bentham in 1780. The Dutch jurist Hugo Grotius (1583–
1645) is considered to be the founding father of modern international 
law and has greatly influenced the development of this field. 
Grotius emphasized the freedom of the high seas (1625; On the Law of 
War and Peace), an idea that rapidly gained acceptance amongst northern 
European powers that were on a mission to explore the world and colonize it.
The origin of international law is embedded in history and can be traced to cooperative agreements 
between peoples in the ancient Middle East but the essential structure of international law was mapped 
out during European Renaissance.
UNIT
6
Hugo Grotius
(i) International Law vs. Domestic Law
International law is an independent system of law that exists outside the legal orders of particular 
states. International law differs from domestic (Municipal) legal systems in a number of respects: 
?	 United Nations (UN) General Assembly consists of representatives of around 190 countries. 
Although it has an outward appearance of a legislature but it has no power to issue binding 
laws. 
?	 The resolutions passed by UN General Assembly serve merely as recommendations except in 
certain cases, such as to determine the UN budget, while admitting new members of the UN, 
and electing new judges to the International Court of Justice (ICJ) along with the Security 
Council.
?	 The international court system does not have absolute jurisdiction in international law. In 
contentious cases, the ICJ’s jurisdiction requires the consent of the particular states that are 
involved. 
?	 Also, there is no international police force or system of law enforcement, and there is no supreme 
executive authority.
?	 The UN Security Council may authorize the use of force in specific cases to compel states 
to comply with its decisions only where there is a prior act or threat of aggression. Any such 
enforcement action can be vetoed by any of the Security Council’s five permanent members 
(China, France, Russia, the United Kingdom, and the United States). The forces involved must 
be assembled from member states on an ad hoc basis as there is no standing UN military.
Therefore, international law is a weak law as compared to municipal law. But unlike 
municipal law, international law functions in a decentralised manner. All States consider themselves 
independent and sovereign. The rules of conduct that exists between nations are based on customs of 
hundreds of years, international agreements and treaties. There is common consent of the community 
of nations for the enforcement of the rules and principles for international conduct.
As per Oppenheim’s view, International Law is a true law. But according to Austin’s View, International 
law is not a true law as any rule which is not enacted by any superior or legislative authority, cannot 
be regarded as a law. 
(ii) International Law and International Relations
International law is a distinct part of international relations. 
States normally conform to relevant rules and principles of international laws while responding to any 
international situation, if and when it arises. The states are conscious to not be negatively viewed by 
the international community.
The rules of international law are based on reciprocity or self-interest. Breach in international rules 
by a State may result in loss of its credibility and that may affect it in future relations with other states. 
For instance, if a State violates a treaty  to its advantage, it may induce other states to breach other 
treaties. This may ultimately cause harm to the state that first violated the treaty. 
When international rules and principles are followed by States it creates value of certainty, predictability, 
and sense of common purpose in international affairs. 
Globalization in the 1980’s resulted in increase in international and regional organizations both in 
number and influence. This has resulted in expansion of international law to cover the rights and 
obligations of international organisations. New international law is now frequently created through 
165
processes that require near-universal consensus.
For instance, in the area of environment, bilateral negotiations have been supplemented and at 
times been replaced by multilateral ones, transforming the process of individual state consent 
into community acceptance. This consensus-building process has resulted in various environmental 
agreements and Law of the Sea treaty (1982).
The Kyoto Protocol is an international treaty aimed at combating global warming. The Kyoto 
Protocol was adopted in Kyoto, Japan, in 1997 and took effect in 2005. It called for participating 
countries to reduce their emissions of greenhouse gases and carbon dioxide emissions. 
International law as a system is complex. Although in principle it is ‘horizontal,’ being founded upon 
the concept of equality of states, which is one of the basic principles of international law but in reality, 
some states continue to be more important than others in creating and maintaining international law.
C. What is international law? 
Every country is referred to a ‘state’ in International Law.
According to Bentham’s classic definition, international law is a collection of rules governing relations 
between states. This original definition omits two vital elements of modern international law i.e. 
individuals and international organizations.
International law is also called law of nations. International Law is a framework of rules and 
principles binding the relations between states, governing their conduct amongst themselves and 
other international entities that are legally recognized and between citizens of other nations. It is a 
system of treaties and agreements between nations that governs how nations interact with other 
nations, citizens of other nations, and businesses of other nations.
It is a form of law which relies on consent-based governance to a great extent, as states are not 
ordinarily obliged to abide by it, unless they expressly consent to a particular course of conduct. 
Although certain aspects are exceptions to the consent requirement, such as principles of customary 
international law or Jus cogens.
‘Jus cogens’ is a latin phrase that means ‘compelling law.’ It designates norms from which no 
derogation is permitted by way of particular agreements. Jus cogens are norms of customary 
international law which are so important, it cannot be changed through treaties.
International Law is therefore categorized into:
a. Public International Law
b. Private International Law 
The study of public international law, is distinguished from the field of conflict of laws, or private 
international law, which is concerned with the rules of municipal law or domestic law of states of 
different countries where foreign elements are involved.
a. Public International Law
Public International Law is the law that regulates relations between states. Public International law 
is different from other types of laws because it is concerned with interstate regulation, i.e., it deals 
in regulating the conduct of one state with another and is not concerned with the relations between 
private entities (legal and natural persons) and even the domestic laws of any country.
Page 4


International Law
Learning Outcome :
Students will be able to:
•	 trace historical evolution of international law
•	 explain international law
•	 differentiate between Public and Private International Law
•	 understand the sources of international law- Customs, Treaties and ICJ (International Court of 
Justice) Decisions
•	 appreciate the role of various international human rights conventions, treaties and agreements
•	 understand the interplay between international and municipal laws of India
•	 identify the role of International Court of Justice and International Criminal Court in dispute 
resolution
A. Introduction
Every state has their own respective laws (domestic laws) which regulate the conduct of its citizens. 
These laws regulate the private, social, commercial and other activities of individuals. These internal 
laws (Municipal laws) also help in regulating the conduct and affairs of the state machinery. 
But what happens when there is a dispute between two or more state parties? Which body of law 
governs their conduct? Which jurisdiction is to be applied in case of disputes related to private parties 
across different jurisdictions? The world requires a framework through which interstate relations can 
be developed. The answer to these situations lies in International Law.
B. Historical Evolution of International Law
The term ‘International Law’ was first coined by the English 
philosopher, Jeremy Bentham in 1780. The Dutch jurist Hugo Grotius (1583–
1645) is considered to be the founding father of modern international 
law and has greatly influenced the development of this field. 
Grotius emphasized the freedom of the high seas (1625; On the Law of 
War and Peace), an idea that rapidly gained acceptance amongst northern 
European powers that were on a mission to explore the world and colonize it.
The origin of international law is embedded in history and can be traced to cooperative agreements 
between peoples in the ancient Middle East but the essential structure of international law was mapped 
out during European Renaissance.
UNIT
6
Hugo Grotius
(i) International Law vs. Domestic Law
International law is an independent system of law that exists outside the legal orders of particular 
states. International law differs from domestic (Municipal) legal systems in a number of respects: 
?	 United Nations (UN) General Assembly consists of representatives of around 190 countries. 
Although it has an outward appearance of a legislature but it has no power to issue binding 
laws. 
?	 The resolutions passed by UN General Assembly serve merely as recommendations except in 
certain cases, such as to determine the UN budget, while admitting new members of the UN, 
and electing new judges to the International Court of Justice (ICJ) along with the Security 
Council.
?	 The international court system does not have absolute jurisdiction in international law. In 
contentious cases, the ICJ’s jurisdiction requires the consent of the particular states that are 
involved. 
?	 Also, there is no international police force or system of law enforcement, and there is no supreme 
executive authority.
?	 The UN Security Council may authorize the use of force in specific cases to compel states 
to comply with its decisions only where there is a prior act or threat of aggression. Any such 
enforcement action can be vetoed by any of the Security Council’s five permanent members 
(China, France, Russia, the United Kingdom, and the United States). The forces involved must 
be assembled from member states on an ad hoc basis as there is no standing UN military.
Therefore, international law is a weak law as compared to municipal law. But unlike 
municipal law, international law functions in a decentralised manner. All States consider themselves 
independent and sovereign. The rules of conduct that exists between nations are based on customs of 
hundreds of years, international agreements and treaties. There is common consent of the community 
of nations for the enforcement of the rules and principles for international conduct.
As per Oppenheim’s view, International Law is a true law. But according to Austin’s View, International 
law is not a true law as any rule which is not enacted by any superior or legislative authority, cannot 
be regarded as a law. 
(ii) International Law and International Relations
International law is a distinct part of international relations. 
States normally conform to relevant rules and principles of international laws while responding to any 
international situation, if and when it arises. The states are conscious to not be negatively viewed by 
the international community.
The rules of international law are based on reciprocity or self-interest. Breach in international rules 
by a State may result in loss of its credibility and that may affect it in future relations with other states. 
For instance, if a State violates a treaty  to its advantage, it may induce other states to breach other 
treaties. This may ultimately cause harm to the state that first violated the treaty. 
When international rules and principles are followed by States it creates value of certainty, predictability, 
and sense of common purpose in international affairs. 
Globalization in the 1980’s resulted in increase in international and regional organizations both in 
number and influence. This has resulted in expansion of international law to cover the rights and 
obligations of international organisations. New international law is now frequently created through 
165
processes that require near-universal consensus.
For instance, in the area of environment, bilateral negotiations have been supplemented and at 
times been replaced by multilateral ones, transforming the process of individual state consent 
into community acceptance. This consensus-building process has resulted in various environmental 
agreements and Law of the Sea treaty (1982).
The Kyoto Protocol is an international treaty aimed at combating global warming. The Kyoto 
Protocol was adopted in Kyoto, Japan, in 1997 and took effect in 2005. It called for participating 
countries to reduce their emissions of greenhouse gases and carbon dioxide emissions. 
International law as a system is complex. Although in principle it is ‘horizontal,’ being founded upon 
the concept of equality of states, which is one of the basic principles of international law but in reality, 
some states continue to be more important than others in creating and maintaining international law.
C. What is international law? 
Every country is referred to a ‘state’ in International Law.
According to Bentham’s classic definition, international law is a collection of rules governing relations 
between states. This original definition omits two vital elements of modern international law i.e. 
individuals and international organizations.
International law is also called law of nations. International Law is a framework of rules and 
principles binding the relations between states, governing their conduct amongst themselves and 
other international entities that are legally recognized and between citizens of other nations. It is a 
system of treaties and agreements between nations that governs how nations interact with other 
nations, citizens of other nations, and businesses of other nations.
It is a form of law which relies on consent-based governance to a great extent, as states are not 
ordinarily obliged to abide by it, unless they expressly consent to a particular course of conduct. 
Although certain aspects are exceptions to the consent requirement, such as principles of customary 
international law or Jus cogens.
‘Jus cogens’ is a latin phrase that means ‘compelling law.’ It designates norms from which no 
derogation is permitted by way of particular agreements. Jus cogens are norms of customary 
international law which are so important, it cannot be changed through treaties.
International Law is therefore categorized into:
a. Public International Law
b. Private International Law 
The study of public international law, is distinguished from the field of conflict of laws, or private 
international law, which is concerned with the rules of municipal law or domestic law of states of 
different countries where foreign elements are involved.
a. Public International Law
Public International Law is the law that regulates relations between states. Public International law 
is different from other types of laws because it is concerned with interstate regulation, i.e., it deals 
in regulating the conduct of one state with another and is not concerned with the relations between 
private entities (legal and natural persons) and even the domestic laws of any country.
166
The primary objective of Public International Law is to provide for a framework of rules and regulations 
which help in fostering stable and organized international relations.
Some key areas where public international law is applicable:
Peace and security Human rights Finance Airspace
Trade Intellectual Property Development Sea
Weapons Bio-diversity Science and security Fisheries
International Crimes Climate change Extradition Natural resources
Now, the range of subjects concerned with international law have widened considerably.
One of the global international organisation that deals with trade between nations is the World Trade 
Organisation (WTO). 
The World Trade Organization (WTO)
From the early days of the Silk Road to the creation of the General Agreement on Tariffs and Trade 
(GATT) and the birth of the WTO, trade has played an important role in supporting economic 
development and promoting peaceful relations among nations.
(https://www.wto.org/english/thewto_e/whatis_e/whatis_e.htm)
The World T rade Organisation (WTO) was established in 1995 and is located in Geneva, Switzerland. 
WTO has 164 members representing 98 percent of the world trade.
The World Trade Organization (WTO) is the only global international organization dealing with the 
rules of trade between nations. It is an intergovernmental organization that regulates and facilitates 
international trade. At its heart are the WTO agreements, negotiated and signed by bulk of world’s 
trading nations and ratified in their parliaments. The goal is to help producers of goods and services, 
exporters, and importers conduct their business.
There are a number of ways of looking at the World Trade Organization. It is an organization for trade 
opening. It is a forum for governments to negotiate trade agreements. It is a place for them to settle 
trade disputes. It operates a system of trade rules. 
Essentially, the WTO is a place where member governments try to sort out the trade problems, they 
face with each other.
b. Private International Law
Private International Law, often referred to as ‘Conflict of Laws’, is a set of rules and principles 
that govern interstate interactions and transactions of private parties. It is a body constituted of 
conventions, model laws, domestic laws of states and secondary legal sources.
Private international law commonly involves issues like:
?	 which jurisdiction should be permitted to hear the case, and
?	 the law concerning which Jurisdiction should be applied to the issues in the case. 
For example, in marriage laws, there is conflict of laws with respect to marriage related issues between 
couples belonging to different jurisdictions. The questions about which legal system and norms should 
apply forms part of private international law.
Page 5


International Law
Learning Outcome :
Students will be able to:
•	 trace historical evolution of international law
•	 explain international law
•	 differentiate between Public and Private International Law
•	 understand the sources of international law- Customs, Treaties and ICJ (International Court of 
Justice) Decisions
•	 appreciate the role of various international human rights conventions, treaties and agreements
•	 understand the interplay between international and municipal laws of India
•	 identify the role of International Court of Justice and International Criminal Court in dispute 
resolution
A. Introduction
Every state has their own respective laws (domestic laws) which regulate the conduct of its citizens. 
These laws regulate the private, social, commercial and other activities of individuals. These internal 
laws (Municipal laws) also help in regulating the conduct and affairs of the state machinery. 
But what happens when there is a dispute between two or more state parties? Which body of law 
governs their conduct? Which jurisdiction is to be applied in case of disputes related to private parties 
across different jurisdictions? The world requires a framework through which interstate relations can 
be developed. The answer to these situations lies in International Law.
B. Historical Evolution of International Law
The term ‘International Law’ was first coined by the English 
philosopher, Jeremy Bentham in 1780. The Dutch jurist Hugo Grotius (1583–
1645) is considered to be the founding father of modern international 
law and has greatly influenced the development of this field. 
Grotius emphasized the freedom of the high seas (1625; On the Law of 
War and Peace), an idea that rapidly gained acceptance amongst northern 
European powers that were on a mission to explore the world and colonize it.
The origin of international law is embedded in history and can be traced to cooperative agreements 
between peoples in the ancient Middle East but the essential structure of international law was mapped 
out during European Renaissance.
UNIT
6
Hugo Grotius
(i) International Law vs. Domestic Law
International law is an independent system of law that exists outside the legal orders of particular 
states. International law differs from domestic (Municipal) legal systems in a number of respects: 
?	 United Nations (UN) General Assembly consists of representatives of around 190 countries. 
Although it has an outward appearance of a legislature but it has no power to issue binding 
laws. 
?	 The resolutions passed by UN General Assembly serve merely as recommendations except in 
certain cases, such as to determine the UN budget, while admitting new members of the UN, 
and electing new judges to the International Court of Justice (ICJ) along with the Security 
Council.
?	 The international court system does not have absolute jurisdiction in international law. In 
contentious cases, the ICJ’s jurisdiction requires the consent of the particular states that are 
involved. 
?	 Also, there is no international police force or system of law enforcement, and there is no supreme 
executive authority.
?	 The UN Security Council may authorize the use of force in specific cases to compel states 
to comply with its decisions only where there is a prior act or threat of aggression. Any such 
enforcement action can be vetoed by any of the Security Council’s five permanent members 
(China, France, Russia, the United Kingdom, and the United States). The forces involved must 
be assembled from member states on an ad hoc basis as there is no standing UN military.
Therefore, international law is a weak law as compared to municipal law. But unlike 
municipal law, international law functions in a decentralised manner. All States consider themselves 
independent and sovereign. The rules of conduct that exists between nations are based on customs of 
hundreds of years, international agreements and treaties. There is common consent of the community 
of nations for the enforcement of the rules and principles for international conduct.
As per Oppenheim’s view, International Law is a true law. But according to Austin’s View, International 
law is not a true law as any rule which is not enacted by any superior or legislative authority, cannot 
be regarded as a law. 
(ii) International Law and International Relations
International law is a distinct part of international relations. 
States normally conform to relevant rules and principles of international laws while responding to any 
international situation, if and when it arises. The states are conscious to not be negatively viewed by 
the international community.
The rules of international law are based on reciprocity or self-interest. Breach in international rules 
by a State may result in loss of its credibility and that may affect it in future relations with other states. 
For instance, if a State violates a treaty  to its advantage, it may induce other states to breach other 
treaties. This may ultimately cause harm to the state that first violated the treaty. 
When international rules and principles are followed by States it creates value of certainty, predictability, 
and sense of common purpose in international affairs. 
Globalization in the 1980’s resulted in increase in international and regional organizations both in 
number and influence. This has resulted in expansion of international law to cover the rights and 
obligations of international organisations. New international law is now frequently created through 
165
processes that require near-universal consensus.
For instance, in the area of environment, bilateral negotiations have been supplemented and at 
times been replaced by multilateral ones, transforming the process of individual state consent 
into community acceptance. This consensus-building process has resulted in various environmental 
agreements and Law of the Sea treaty (1982).
The Kyoto Protocol is an international treaty aimed at combating global warming. The Kyoto 
Protocol was adopted in Kyoto, Japan, in 1997 and took effect in 2005. It called for participating 
countries to reduce their emissions of greenhouse gases and carbon dioxide emissions. 
International law as a system is complex. Although in principle it is ‘horizontal,’ being founded upon 
the concept of equality of states, which is one of the basic principles of international law but in reality, 
some states continue to be more important than others in creating and maintaining international law.
C. What is international law? 
Every country is referred to a ‘state’ in International Law.
According to Bentham’s classic definition, international law is a collection of rules governing relations 
between states. This original definition omits two vital elements of modern international law i.e. 
individuals and international organizations.
International law is also called law of nations. International Law is a framework of rules and 
principles binding the relations between states, governing their conduct amongst themselves and 
other international entities that are legally recognized and between citizens of other nations. It is a 
system of treaties and agreements between nations that governs how nations interact with other 
nations, citizens of other nations, and businesses of other nations.
It is a form of law which relies on consent-based governance to a great extent, as states are not 
ordinarily obliged to abide by it, unless they expressly consent to a particular course of conduct. 
Although certain aspects are exceptions to the consent requirement, such as principles of customary 
international law or Jus cogens.
‘Jus cogens’ is a latin phrase that means ‘compelling law.’ It designates norms from which no 
derogation is permitted by way of particular agreements. Jus cogens are norms of customary 
international law which are so important, it cannot be changed through treaties.
International Law is therefore categorized into:
a. Public International Law
b. Private International Law 
The study of public international law, is distinguished from the field of conflict of laws, or private 
international law, which is concerned with the rules of municipal law or domestic law of states of 
different countries where foreign elements are involved.
a. Public International Law
Public International Law is the law that regulates relations between states. Public International law 
is different from other types of laws because it is concerned with interstate regulation, i.e., it deals 
in regulating the conduct of one state with another and is not concerned with the relations between 
private entities (legal and natural persons) and even the domestic laws of any country.
166
The primary objective of Public International Law is to provide for a framework of rules and regulations 
which help in fostering stable and organized international relations.
Some key areas where public international law is applicable:
Peace and security Human rights Finance Airspace
Trade Intellectual Property Development Sea
Weapons Bio-diversity Science and security Fisheries
International Crimes Climate change Extradition Natural resources
Now, the range of subjects concerned with international law have widened considerably.
One of the global international organisation that deals with trade between nations is the World Trade 
Organisation (WTO). 
The World Trade Organization (WTO)
From the early days of the Silk Road to the creation of the General Agreement on Tariffs and Trade 
(GATT) and the birth of the WTO, trade has played an important role in supporting economic 
development and promoting peaceful relations among nations.
(https://www.wto.org/english/thewto_e/whatis_e/whatis_e.htm)
The World T rade Organisation (WTO) was established in 1995 and is located in Geneva, Switzerland. 
WTO has 164 members representing 98 percent of the world trade.
The World Trade Organization (WTO) is the only global international organization dealing with the 
rules of trade between nations. It is an intergovernmental organization that regulates and facilitates 
international trade. At its heart are the WTO agreements, negotiated and signed by bulk of world’s 
trading nations and ratified in their parliaments. The goal is to help producers of goods and services, 
exporters, and importers conduct their business.
There are a number of ways of looking at the World Trade Organization. It is an organization for trade 
opening. It is a forum for governments to negotiate trade agreements. It is a place for them to settle 
trade disputes. It operates a system of trade rules. 
Essentially, the WTO is a place where member governments try to sort out the trade problems, they 
face with each other.
b. Private International Law
Private International Law, often referred to as ‘Conflict of Laws’, is a set of rules and principles 
that govern interstate interactions and transactions of private parties. It is a body constituted of 
conventions, model laws, domestic laws of states and secondary legal sources.
Private international law commonly involves issues like:
?	 which jurisdiction should be permitted to hear the case, and
?	 the law concerning which Jurisdiction should be applied to the issues in the case. 
For example, in marriage laws, there is conflict of laws with respect to marriage related issues between 
couples belonging to different jurisdictions. The questions about which legal system and norms should 
apply forms part of private international law.
167
Public International Law Private International Law
It is a set of rules which governs the intercourse 
between nations through determining the rights 
and obligations of the governments of the na-
tions.
It comprises of certain rules and regulations 
which are established or agreed upon by private 
citizens from different nations who enter into 
transactions and that would govern them if a 
dispute were to arise.
International bodies harmonizing private laws of different countries:
There are certain international bodies which have been working towards harmonizing private laws of 
different countries and bringing uniformity in their application. 
The bodies include organizations such as the:
•	 Hague Conference on Private International Law- It is convened by the government of the 
Netherlands, originates back in 1893, and focuses on developing conventions on a wide array 
of aspects of private law. 
•	 International Centre on the Settlement of Investment Disputes (ICSID)
•	 International Institute for Unification of Private Law (UNIDROIT)
•	 United Nations Commission for International Trade Law (UNCITRAL)-It works towards 
developing model laws and guides, regarding international trade and commercial laws, including 
the UNCITRAL Arbitration Rules, and so on. 
Some of the international conventions/model laws in the sphere of private international law which 
have gained more traction in recent times are the:
•	 United Nations Convention on contracts for the Sale of International Goods (CISG)- It is also 
referred to as the Vienna Convention on sale of goods. It is a multilateral treaty which 
provides options for avoiding choice of law issues by providing a framework of accepted 
substantive rules with respect to contract disputes. 
 It is considered one of the most influential documents in private international law, and nowadays 
is deemed to be incorporated into any otherwise applicable domestic laws, unless expressly 
excluded.
•	 UNCITRAL Model Law on International Commercial Arbitration-It has provided a framework 
for domestic laws on international arbitration and is being adopted by an increasing number of 
countries, with India joining the list in 1996, and
•	 Geneva Convention on the execution of foreign arbitral awards, and so on.
 Class Activity on International law and Current events:
 The aim of this activity is to foster an understanding of the importance of international law to 
day-to-day international events that appear in newspapers. Students will learn from concrete 
examples of how people’s lives are impacted by international law.
 ? Ask students to bring newspapers. They will look through the newspapers to find at least 
three articles/issues/stories/photos/words etc. related to international law. For instance, 
topics could be related to International business deal, Environmental protection, Human 
rights, War or conflict, Refugees and so on.
 ? Students will write a summary of the articles/issues/stories/photos/words that they were 
chosen.