PUBLIC INTERNATIONAL LAW AND HUMAN RIGHTS

WHAT IS INTERNATIONAL LAW ?

The Indigenous name of the International Law was "Law of Nations". later on in 1789, the famous jurist Bentham of England called it"International Law". Bentham's writings for over a century, and is still only partially superseded: it includes such interesting writings on international relations as Bentham's A Plan for an Universal and Perpetual Peace written 1786–89, which forms part IV of the Principles of "International Law".

Definition of International Law

Different Jurists have defined International Law in the different ways. Oppenheim who is known as famous jurist of International Law have defined International Law Twice.

According to  Oppenheim, "Law of Nations or International Law is the name for the body of customary and treaty rules which consider legally binding by the states in their intercourse with each other."

when there was a severe criticism of this definition, Oppenheim had given a revised definition in his book International Law (Eight editions 1955) even this definition was full of many shortcomings. Therefore, in 1992 the editors of the above book Jennings and Sir Arthur Watts have given the following definition:

International Law is the body of rules which are legally bindings on states in their intercourse with the each other. These rules are primarily those which govern the relations of the states, but states are not the only subjects of international Law. International organisations and to some extent also individuals may be subject of rights conferred and duties imposed by International Law. 

Of the above two definitions of oppenheim, the latter definition is more comprehensive because it includes individuals and international institutions which are governed or controlled by international Law.

  

According to Stark, "International Law may be defined as that body of love which is composed for its greater part of the principles and rules of conduct which states feel themselves bound to observe and therefor do commonly observe in their relations with each other and includes also:

a) the rule of law relating to functioning of International Institutions or Organizations their relations with each other and their relations with states and individuals and

b) certain rule of law relating to individuals and non state entities so for as the rights or duties of  such individuals are the concern of international community.

According to Schwarzenberger, " International Lawis the group of those different Laws which are applicable on sovereign nations and other institutions which have their international identities."

According to J.L.Brierly, "The Law of  Nations or International Law may be defined as the body of rules and principles of action which are binding upon civilized states in their relations with one anothers."

According to Kelson, " International Law or the or the law among nations is the name of a body of rules which according to the usual definition regulate the conducts of states in their intercourse with one another. 

so we can say in simple language international law is the body of rules developing constantly which governed the mutual relations of the members of international community. International law 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. most international law is governed by treaties, it's usually up to the individual nations to enforce the law.