Sansad TV: Diplomatic Dispatch- Impact of International Law | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Introduction

International Law encompasses the rules and regulations followed by nations in their interactions with one another. It provides a framework that is essential for maintaining the functioning of the global system.

The Role of Laws

• Laws serve as a foundation for establishing rights and duties within a society.
• International Law serves as a means for conducting relations between countries, filling the need for a structured approach in interstate affairs.
• The United Nations has developed International Law with the aim of promoting global peace and security.
• Countries collaborate to create binding rules that they believe will benefit their citizens.
• International Laws foster peace, justice, shared interests, and trade among nations.
• States work together to strengthen International Law because of its vital role in society.
• International Law is shaped by the writings of legal scholars, instructions to diplomatic representatives, significant conventions (even if not ratified), and arbitral awards.
• Therefore, International Law can be defined as a collection of treaties, rules, and agreements between nations that are binding upon them. It governs the interactions and behavior of nations.
• International Law plays a crucial role in regulating issues of jurisdiction that arise during cross-border trade. Its primary objective is to promote justice, peace, and shared interests.

Relevance and Function of International Laws

• International Law has evolved in response to the increasing engagement between nations, expanding its scope and importance.
• In the modern world, International Law serves as a convenient framework for regulating global order.
• The primary objectives of International Law are to uphold international peace and security, safeguard fundamental rights, freedoms, and human rights, prevent the use of force or threats against the territorial integrity of other states, promote the right to self-determination, foster international cooperation to address global issues, and encourage peaceful means for resolving international disputes.

General Principles of Law

• Unlike Municipal Law, International Law does not have a centralized legislative body or a court that can establish binding precedents. As a result, it is relatively less developed.
• According to Article 38 of the Statute of the International Court of Justice (ICJ), "general principles of law recognized by civilized nations" are considered a source of law in International Law.
• The principle that a state has an obligation to provide reparations for breaching an international obligation has been recognized by the Permanent Court of International Justice as a general principle of International Law.

Conclusion

• International Law is a crucial framework for regulating the interactions between nation-states, promoting global peace and well-being.
• It plays a vital role in resolving disputes among states and can also impact domestic laws.
• International Law does not always require formal codification through agreements.
• Significant advancements have been made in modern International Law, and the International Court of Justice serves as the primary institution responsible for upholding the principles of International Law.