International Law

What is International Law and How It Shapes the World

19 October 2023
Last Modified Date: 18 October 2024

International laws are chiefly made and implemented by states.

It is the only state that has sovereignty over the territory. It can become a member of the United Nations and other international bodies.

The purpose of international law is to support the world and oblige the achievements of humanity’s fundamental objectives of advancing prosperity, peace, human rights, and protecting your surroundings and environment.

In this article, you will discover an overview of international laws and their structure in the international legal system. 

Understanding International Law

Every society, irrespective of the population, enforces a legal framework under which it develops and functions. It is usually permissive in nature and allows individuals to form legal relationships with duties and rights as it punishes the wrong-doers. 

International laws refer to a set of agreements, treaties, and rules that are binding to two nations. Thus, countries unite to make these binding regulations as they believe it will benefit the citizens. 

The laws are an independent system of law that exists outside the legal framework of a particular state. Hence, the existence of international law results from increased interstate engagement. They usually aim to maintain international security and peace among different states. 

The world today requires a structure through which inter-state relationships can develop. To learn more about international law, you can visit the page and gain further insights on how international law fills the gap for this.

What Are The Four Sources Of International Law?

International laws have no parliament, and nothing can be relied on to describe the legislation. While the International Court of Justices offers a range of specialized international tribunals and courts, it is critical to depend on the state’s consent.

Hence, the results of the international state largely depend on the actions of 192 states, which altogether creates the international community. As per Article 38 of the Statute of ICJ, there are four sources of international laws:

What is the Main Subject of International Law?

Subjects of International laws refer to different entities that contribute to international personality.

It can also be termed as the entities whose duties, rights, and obligations come under the International Laws. It also holds the power to confer these duties, obligations, and rights through international claims. 

Furthermore, states are considered to be the major and original subject of international law, and their legal personalities derive from the international system framework. 

The only benefit of this subject is that the state enjoys equal rights and international legal personalities.

International law’s major concern is regarding the duties and rights of each state, which is why the international organization lays down the rules for every state that follows and makes observations.

Types of International Law

International law is a complex system of rules and regulations that govern the relationships between countries. It can be broadly classified into two main types: public international law and private international law.

Public International Law

First, public international law deals with the relationships between states and international organizations. It encompasses a wide range of topics, including:

  • Treaties: These are formal agreements between states that are legally binding. They can cover a variety of issues, such as trade, human rights, and environmental protection.
  • Customary Law: This is the law that has developed over time through the consistent practice of states. Customary law is considered to be binding on all states, even if they have not expressly agreed to it.
  • International Organizations: These are organizations that are made up of states. They can play an important role in developing and enforcing international law. Examples of international organizations include the United Nations, the World Trade Organization, and the International Monetary Fund.

Private International Law

Private international law, also known as conflict of laws, deals with the resolution of disputes between private parties that have a connection to more than one country. Additionally, it helps determine which country’s law should apply in a particular case.

For example, if a contract is signed between a company in the United States and a company in France, private international law would help determine which country’s laws govern the contract.

Other Types of International Law

In addition to public and private international law, there are other types of international law, such as:

  • Human Rights Law: This body of law protects the rights of individuals, regardless of their nationality. It includes the Universal Declaration of Human Rights and various international treaties.
  • Environmental Law: This law seeks to protect the environment and promote sustainable development. It includes international agreements such as the Kyoto Protocol and the Paris Agreement.
  • Maritime Law: This law governs the activities of ships and other vessels on the high seas. It includes rules on navigation, safety, and pollution.

Importance of International Law

International law is essential for maintaining peace, security, and cooperation among nations. It provides a framework for resolving disputes peacefully and promotes respect for human rights and the environment. Here are some of the key reasons why international law is important:

Preventing Conflict

Firstly, international law helps to prevent conflicts between countries by establishing rules and norms that govern their behavior. It provides a peaceful means of resolving disputes and avoiding the use of force.

Promoting Cooperation

Secondly, it encourages cooperation between countries on a wide range of issues, such as trade, human rights, and environmental protection. Furthermore, it helps to create a more stable and prosperous global community.

Protecting Human Rights

International law protects the human rights of individuals around the world. It sets standards for the treatment of people and holds governments accountable for their actions.

Ensuring Environmental Protection

International law plays a crucial role in protecting the environment. Furthermore, it establishes rules for the conservation of natural resources and the prevention of pollution.

Promoting Economic Development

Finally, international law can help to promote economic development by facilitating trade and investment. It provides a stable and predictable environment for businesses to operate.

Unite Globally!

In conclusion, while international law is important, it is not always easy to enforce. Additionally, states may violate international law, and there may be disagreements about the interpretation of the law.

However, international law continues to play a vital role in shaping the world and promoting a more just and equitable global order.

I hope that this blog has been of help to you. If there are any other questions related to the same, please feel free to let me know in the comments below!

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