The concept of international law - What is public international law?

Public International Law is the body of legal rules, which apply to sovereign states and such
other entities that have been granted international personality.

Is international law – law?

Yes, because it consists of binding rules, social interdependence, predominance of general

interest, and possible consequence of defiance.

What are the bases of international law?

A. Law of Nature- There is a natural and universal principle of right and wrong, independent of
any mutual intercourse or compact.

B. Positivist Theory- The binding force of international law is derived from the agreement of
sovereign states to be bound by it. It is not a law of subordination but of coordination.

C. Eclectic Theory- Proposes that both the law of nature and the consent of States serve as basis
of international law; to the effect that the system of international law is based on the dictate of
right

What is meant by “jus cogens”?

Jus cogens are peremptory norms of customary international law which are non-derogable and
cannot be deviated from under any and all circumstances at all times, anywhere in the world.
Jus cogens norms prohibit slavery, genocide, torture, crimes against humanity and war crimes.

What is meant by “erga omnes”?

Erga Omnes refers to specifically determined obligations that states have towards the
international community as a whole.

What is meant by “opinio juris”?

In international law, opinio juris is the subjective element used to judge whether the practice of
a state is due to a belief that it is legally obliged to do a particular act. When opinio juris exists
and is consistent with nearly all state practice, customary international law emerges.

What are the sources of international law?

 A. Primary Sources:

1. Treaties- The general rule is that for a treaty to be considered a direct source of international
law, it must be concluded by sizable number of states and thus reflect the will or at least the
consensus of the family of nations.

2. Customary International Law - A practice which has grown up between states and has come
to be accepted as binding by the mere fact of persistent usage over a long period of time.

3. General Principles of Law- Mostly derived from the law of nature and are observed by the
majority of states because they are believed to be good and just.

B. Secondary Sources: These sources are not authorities in deciding a case but only have a
persuasive effect because it only shows the interpretation of a state to a particular international
law.

1. Judicial decisions or case jurisprudence

2. Writings and teachings of the most highly qualified publicists

Is there a hierarchy of these sources?

There is no hierarchy of sources in international law because the States did not intend to place
limitations on their sovereign powers that they had not expressly or implicitly accepted.
However, jus cogens or peremptory norms may not be derogated from by treaty or by ordinary
customary process. They have a rank or status superior to all other rules of the international
community.

What is “soft law”?

Soft law refers to agreements, principles and declarations that are not legally binding and are
predominantly found in the international sphere.

What is “hard law”?

Hard law refers generally to legal obligations that are binding on the parties involved and which
can be legally enforced before a court.

How do we distinguish private international law from public international law?

Public International law is the body of legal rules, which applied between Sovereign States and
other International Personalities while Private International Law or 'Conflict of Law' deals with
cases involving foreign element. In case of Dispute between an individual citizen or State and
Foreign Element, where there is need to contact with foreign system of law, the Private
International Law will apply.
Is there collective responsibility for a breach of international law?

Yes, because the rights accorded to states under international law imply responsibilities. States
are liable for breaches of their obligations, provided that the breach is attributable to the state
itself. A state is responsible for direct violations of international law.

What is the extent of a state’s freedom of action?

The extent of a state’s freedom of action or sovereignty is the protection of human rights.
Human rights challenges or limits the ability of a State to act within and beyond its borders.