Notes on Public International Law Topic | Definition of International Law In modern society, no individual can live outside the society. Similarly, no State can afford to live in isolation in the modern world. International relationship is absolutely necessary in the exigencies of modern world. The present day world is divided into a number of States. Each State is possessing a system of its own. As these States have different legal, political, economic and sociological systems, there are chances of conflict between these States in their mutual relationship. In the absence of rules of conduct regulating the rela- tionship of these States, there is every chance of disturbance to the international peace. International law contains a set of rules and regulations which the States have to follow in their mutual intercourse, These rules are intended to set up an orderly and peaceful world. Several authorities have tried to define International Law. Some of them are stated below: (1) Professor Oppenheim Law of Nations or International Law is the name for the body of customary and conventional rules which are consideredlegally binding by civilised states in their intercourse with each other. Prof. Oppenheim is one of the most celebrated authors of Public International Law. But his definition suffers from several serious defects. The definition was given in 1905. It might have been good and. adequate when it was given. It has now become obsolete and inadequate. The reasons are: (a) The definition says that the rules of International Law regulates the intercourse between states only. The International Law, in the modern world, regulates the relationship not only of states but also deals with the rights and liabilities of International Organisations, non- state entities and even individuals. (b) Ilt is now recognised that International Law consists not only customary and conventional rules, but also of general principles of law such as res judicata, sub judice, subrogation, estoppel etc. It is because Article 38 of the Statute of International Court of Justice recognises general principles of law followed by civilised states as one of the source of International Law. New Definition The editors of 9 th edition of Oppenheim's book Sir Robert Jennings and Sir Aurthur Watts have revised the definition given by Oppenheim as follows: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 relation of states, but states are not the only subjects of International Law. International Organisations and to some extent, also individuals may be subjects of rights conferred and duties imposed by the International Law (Oppenheim's International Law,) (Il) Charles G Fenwick "International Law may be defined as the body of general prin- ciples and specific rules which are binding upon the members of International Community in their mutual relations The concept of ‘International Community’ refers to the collection of States, International Institutions, individuals and other non-state entities such as territories or political units other than States. The definition of Charles G. Fenwick is an.appropriate and correct definition.of International Law. (Ill) J.G. Starke International Law may be defined as that body of Jlaw, which is composed for_its greater part of principles and rules of conduct which states feel themselves bound to observe, and therefore, do commonly observe in their. relations with each other and includes also(i) Rule of law relating to the functioning of international institutions,-their relations with each other and their relations with states and individuals. (ii) Certain rules of law relating to individuals and non-state entities so far as rights and duties of such individuals and non state entities are the concern of the International Community. On a consideration of the above stated definitions, we come to the following conclusion. (i) International Law is a body of rules and principles which regulate the conduct and rela tionship of members of International Community (ii) International Community includes states, international organisation, non -state entities and individuals. (iii)The state is not the only subject of International Law. International institutions, non- state entities and individuals have also come within the purview of International law. They are also treated as subjects of International law. (iv)Greater part of International Law is dealing with the conduct and relation of states in their mutual intercourse (v) International Law includes rules of law relating to the constitution and functions of international organisationssuch as UNO,WHO IMF etc. (vi) International Law regulates the relation between International institutions interse and their relation with states and individuals, (vii) International Law deals with the rights and duties of non- state entities such as protectrates and individuals in the international sphere.