INTERNATIONAL LAW ..... STUDY NOTES (By Asmat Jazib ... LL.B.II) UNIVERSITY LAW COLLEGE QUETTA Q.1:- Define International law and give its main kinds. ‘Answer: - The term international law has been defined in a variety of ways by different jurists. Some of the definitions may be given as under: 1. By Oppenheim: customary law and conventional rules which are considered binding by civilized states in their intercourse with each other.” “Law of Nations or international law is the name for the body of 2. By Alf Ross: - Alf Rose defines the term international law as under: “Intemational law is the body of legal rules binding upon states in their relations with one another.” 3. By Lawrence: - According to him, * international law is the rules which determines the conduct of the general body of civilized state in their mutual dealings.” 4. Modern Definition: - Intemational law has always been in a continuous state of change. In modem period the term International law may rightly be defined as under; “That body of legal rules which regulates the relationship of the Nation States with each other, as well as, their relationship with other International actors.” Beside the above definitions there are at least forty well definitions of international law. Major Kinds of International Law: - There are following two major kinds of international law; 1. Private Intemational Law, and 2. Public Intemational Law. 1. Private Intemational Law: - The term private Intemational law may be defined as under: “ That branch of International law which determines that which law is to be applied to a specific case containing a foreign element is called Private International law." Explanation: - From the above definition it is evident that private intemational law is to regulate those cases where a foreign element involves in the matter and the difficulty arose that which law shall be applicable to the case, in other words when it becomes dificult for a domestic court that the law of which state shall be applicable to a certain case because the case contains an element of a foreign state/states law. In such a case private intemational law comes to help because it determines that which law shall be applicable to a certain case.2. Public International Law: - The term Public International Law may be defined as under: A body of legal rules which regulates the relation of states inter se as well as their relations with other non-state entities is said to be Public International law.” Explanation: - From the above definition it may be concluded that Public International law is a set of legal rules which not only regulates the relations between the Nation States but also regulates their relations with other non-state entities. In other words it is a body of rules which regulates the relationship of the international actors with each other. These international actors may be given as under: States, individuals, NGO's, IGO's, Multi-National Corporations and Movements. Q. 2: - Differentiate between Private International law and Public International Law. ‘Ans: - There is a sheer difference between Private International Law and Public International law. Some points of distinction may be given as under: Distinction Between Private International law and Public International Law Private International law Public International law 1.[t deals with the individuals of one, two or | 1.It deals mainly with the relationship of more countries. states with each other. 2.The tules of Private International law are the out come of state or state laws 2.The rules of Public Intemational law are the out come of Intemational customs, treaties and other sources. 3.lt differs from state to state 3.Public Intemational law is same for all the states of the world. 4.lt has been enacted by the legislature of the state or states. 5.ltis more civil in nature. 4.1t comes into force of treaties, customs, international agreements or decisions of arbitral tribunals. 5.It is both civil and criminal in nature. 6.lt is enforceable by the concemed state executive. 6.lt is enforceable by the adverse view of nation of the word and fear of war or breakage of diplomatic relations ete.Q. 3: - Is International law a law in true sense or not? Ans: - The status of International law, that whether it is a law in true sense or not, is a long debate. Jurists have different views to debate as a result of which different schools of thought have come to exist. The view of each of such school may be given as under: 1. International law is not a law in true sense: - According to this school of thought International law is not a law in true sense. They give following arguments in support of their view i. There is no superior political authority There is no legislature to enact the rules as in municipal law, There is no judicial machinery to interpret the laws, iv. There is no executive authority to enforce international law v. International law is frequently violated by states. So, on the basis of the above arguments this school of thought has contended that international law is not a law in its true sense. 2. International law is a law in true sense: - According to this school of thought international law is a law in true sense. They give the following arguments in support of their view: i, For the definition of law a political superior authority is not so necessary, ii, In fact there is a legislative body in the shape of General Assembly and Security Council and_ the states enter into treaties which also act as legislature, In fact there is a potent judicial machinery in the shape of International Court of Justice ( IUC ). Though its decisions are binding on the parties when they by their mutual consent refer the case to it iv. It is wrong to say that there is no executive authority to enforce International law, because the adverse view of the member states and fear of cessation of diplomatic and economic ties and fear of war act as sanction for its implementation. v. Itis right to say that international law has frequently been violated but on this basis the status of intemational law as a law shall not be denied because law is law and its obedience is totally an other factor. And municipal law has also been violated. vi. Furthermore, states themselves consider it binding upon them. 3. International law is a law but a weak law: - This school of thought accepts the status of International law as a law but according to them it is a weak law. They give following arguments in the support of their view i. There is no coercive agency to enforce it, ii, thas frequently been violated, ili, Big powers interpret it according to their wishes, iv. Though there is an international court of justice, but it enjoys no compulsory jurisdiction. Its decisions are only binding in circumstances where both the parties by their mutual consent refer the case to it,