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International Law: Evolution and Its Sources
By Mohd Aqib Aslam | Views 173370
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International law, also called public international law or law of nations, is the legal body
describing rules, norms, and standards that apply between sovereign state and other entities
which are legally recognized as international actors.
International Law
Each country in the world formulates laws to govern the society in efficient manner and ensure
peace and security. Similarly, at the international level, when countries come together at a
common platform to formulate law that governs intercourse between them, it is referred as
international law.
According to Encarta Encyclopedia:
International law is a body of laws, principles, rules and standards that govern nations and
other participants in international affairs with one another.
In other words:
International law is the law of the international community. The term 'International Law' was
used by Jeremy Bentham in 1780. The expression Law of Nations is synonymous with the term
international law. It acts as a legal framework at global level to ensure stable and organized
international relation.
Definitions of International Law
According to Fenwick:
It is the body of rules accepted by the general community of nations, as defining their rights
and the means of procedure by which those rights may be protected or violation of them is
redressed.
According to J.G. Starke:
It is that body of law comprised of greater part of its principles and rules of conduct, which
States feel themselves bound to observe and therefore do commonly observe in their relations
with each other.
According to Prof. L Oppenheim:
Law of nations of international law is the name for the body of customary and conventional
rules which are considered legally binding upon civilised states in their course with each other.
According to J.L Brierly:
The law of nations of international law may be defined as the body of rules and principle of
action, which are binding upon civilized states in their relation with one another.
According to Philip C Jessup:
International law or the law of nations must be defined as law applicable to States in their
mutual relations with other States. He adds further that international law may also be
applicable to certain inter-relationships of individuals themselves, where such inter-relationship
involves matter of international concern.
According to Torsten Gihl:
The term international law means the body of rules of law, which apply within the international
community or society of states.
According to Gray:
International law or the law of nations is the name of a body of rules which according to their
usual definition regulate the conduct of States in their intercourse with each other.
According to Hall:
International law consists of certain rules of conduct which modern civilized States regard as
binding on them in their relation with one another with a force comparable in nature and
degrees to that binding the conscientious person to obey the laws of his country and which
they regard as being enforceable by appropriate means in case of infringement.
Objectives of International Law
1. To ensure peace and security in the world.
2. To resolve any dispute in peaceful manner.
3. To co-operate with each other, to strive for the better and brighter future of human
kind.
4. Disarmament of weapons of mass destruction especially nuclear and building trust
between nations through confidence building measures.
5. Taking collaborative effort to solve global problems such as terrorism, climate change,
refugee crisis etc.
6. International law emphasizes on implementation of international treaties and
conventions in right manner.
Nature of International Law
International law is quite dynamic in nature as it has multiple stakeholders. So, it's not easy to
outline nature of international law. Jurists have different opinions regarding nature of
international law.
It's nature can be understood through following given points:
1. It is not easy to formulate principles, rules and regulations, methods, etc., of
international law.
2. Principle of reciprocity act is a basis of international law.
3. The framework of interaction between nations is also established by the international
law.
4. Municipal law of nations implements the provisions of international law in their
respective jurisdiction.
5. Collective action is taken by countries when any country violates the principles of
international law.
6. International law provides for peaceful resolution of disputes and discourage military or
economic sanction route.
7. There are different sources of international-law such as custom, treaty, charters etc.
8. States are allowed to implement international law in their territory according to their
wishes.
Evolution of International Law
International law is not just a result of few treaties of 19th and 20th centuries but its origin can
be traced back to ancient times. Peace treaties between the Mesopotamian city of Lagash and
Umma are considered as beginning of international law. The concept of governance and
international relations were developed by the Greeks, which laid down the foundation of the
international legal system. The concept 'Jus Gentium' (Law of Nation) was evolved during the
reign of the Roman empire, which defined and governed the relation between foreigners and
Roman citizens and the status of foreigners living in Rome. Later, development of concept of
Natural Law emphasized that certain rights are inherent to all humans, which helped in
widening the scope of international law.
Present day modern international law was evolved during 15th century and was mainly
developed in European continent. Renaissance in Europe has played significant role in the
development of international law. Hugo Grotius is considered as most eminent personality in
the field of international law. He had articulated international order that consist of a 'Society of
States' which should be governed by the law's, mutual agreement and custom rather than by
force and or warfare.
Two schools of international law, the naturalist and the positivist were established, following the
footprint of Hugo Grotius. Enaction of Westphalian System is major landmark in the field of
international law. It acknowledged the concept of independent sovereign entities known as
'Nation State'. International law mainly came into limelight in the 19th and 20th centuries.
Development of International Law (During 19th and 20th Centuries)
During 19th and 20th centuries, international law got its formal shape. Various pacts and
treaties were signed in this period which finally concluded in the formation of United Nation.
Various treaties, declarations, conferences are as follows:
Congress of Vienna (1815)
Congress of Vienna is known as watershed moment in the evolution of international law. It is
also referred as Vienna Congress, held in 1815. It was chaired by Klemen's Von Metternich, an
Austrian statesman. It was attended by ambassador of European states with the objective to
provide a long-term peace plan for Europe. Solving critical issues aroused from the French
Revolutionary War and the Napoleonic War were main agenda of the Congress. It laid down the
international rules such as rules with regard to International River, categorization of diplomatic
agent etc.
Paris Declaration (1856)
It is another important landmark in evolution of international law. In this declaration, 55 nations
agreed on the diplomatic policy related with the Maritime Law. This declaration also laid down
the rules relating with the naval warfare.
The main principle that evolved in it was to prohibit attack on undefended people and before
sinking enemy ship, attempt should be made to save the life of the crew. It was codified by
France and Great Britain.
Three agreed principles of the declaration were no privatizing, effective blockade and free ship
make free goods. This declaration redefined the relationship between belligerent and neutral
nations. It paved the new rules for the navigation in high seas.
Geneva Convention (1864)
It formulated rules and regulations for the protection of victims of armed conflict and people
involved in providing care to them. The first Geneva Convention treaty was adopted in 1864,
which was reframed and amended in 1906, 1929 and in 1949. Overall, there are four treaties of
Geneva Convention. At present, the International Committee of Red Cross mainly sees the
implementation of Geneva Convention. Killing of wounded soldiers were prohibited in Geneva
Convention treaty.
Hague Convention of 1899 and 1907
Two conventions were held at The Hague in the Netherlands with an objective to sort out
international law for peaceful settlement of international dispute. This convention was
important from the view point of laying international law during conflict. Duties and rights of
national states, prohibiting bombardment on undefended people, limiting armament etc. were
important outcomes of this convention. This convention also led to establishment of
Permanent Court of Arbitration. The third conference was scheduled to be held in 1914, but
due to outbreak of First World War, third conference could not be held.
League of Nations (1919)
League of Nations is also referred as Child of First World War. When the leaders of Western
nations met at the Paris Peace Conference, they decided to form an international organization
which can solve international disputes and should not allow repeat of incidents like World War.
It was established under the Treaty of Versailles.
The main provision of the covenant of League of Nations was to settle disputes through
peaceful methods such as arbitration, negotiation etc., before resorting to disputes. If any
member resorted to war, going against the principle of covenant of League of Nations, then the
member will be considered as an enemy of whole League of Nations. Permanent court of
International justice was established by the League of Nations. Due to various reasons, league
was not able to perform its cardinal objective which led to the outbreak of Second World War,
therefore new organization, the United Nations came into existence.
Locarno Treaties (1925)
Locarno treaties were result of negotiation between France, Germany, Britain and Italy held in
Switzerland in 1925. There were total seven agreements under this treaty. The nations (above
mentioned) undertook the obligation not to use force while settling border dispute and
peaceful mechanism will be followed. Another objective was to normalize relations with
defeated Germany (the Weimar Republic). Later in the year 1936, Germany refused to follow
the provisions of the treaty.
Kellogg Briand Pact (1928)
It is also known by the name 'Pact of Paris', the General Treaty for Renunciation of War as an
Instrument of National Policy. It was devised with the objective to control outbreak of war. This
treaty obliged nations to shun it policy to use war as an instrument for settlement of
international disputes.
The United Nations (1945)
The failure of League of Nations led to the Second World War. At the end of Second World War,
a new organization came into existence i.e. the United Nations, with the aim to protect world
from future war. It was established on 24th October, 1945, when heads of 50 governments met
at San Francisco for a conference and drafted UN Charter. At present, this organization is nodal
point of international law. It aims at maintaining international peace and security, ensuring
friendly relation between nations and achieving international cooperation.
