THE RELEVANCE OF INTERNATIONAL LAW IN INTERNATIONAL
RELATIONS
What is International Law?
International laws are rules which relate to the functioning of individuals, institutions and states in the
international arena. International law has various ingredients including general principles of law and justice,
which are equally suited to regulating the conduct of individuals, organizations within a state, and states themselves.
Evolution of International Law
The formulation of international law can be traced back to the third and fourth millenniums B.C. Early rulers
had made international rules to safeguard emissaries, initiation and cessation of hostilities, and arrangement
of truces, and maritime laws.
To aid governance, the Romans devised principles of just Gentium or the law of the people. By the time the
Roman Empire fell, and the application of these laws was widely accepted.
European states also contributed to international laws at a later stage in history. By the 14th century, scholars
were writing about international law. Hugo Grotius, for example, produced a momentous work on laws
concerning war and peace, emphasizing the independent nature of law.
During the eighteenth century, three prominent schools of thought concerning international law were
evident; the positivists, the naturalists, and the Grotians.
Naturalists believed in upholding morality through laws. The positivists focused on practicalities and the
consensual nature of these laws. The Grotians combined both naturalist and positivist elements.
In the past century, the League and the UN system, and subsequently the International Court of Justice
have made important contributions to international law. Other institutions like IMF or WTO influence laws
concerning trade economic laws.
Different Types of International Law
Private and Public Laws: private law concerns individuals, whereas public law concerns the behavior of
organizations and even states.
Procedural and Substantive Laws: Procedural laws define types of permitted behavior whereas substantive laws
concern territorial rights of states.
Laws of War and Peace: There are laws governing the behavior of states in a state of war (concerning rights of
prisoners of war) and those meant to prevent outbreaks of violence and promote peace.
Particular and General Laws: General or universal laws are applicable to all sovereign states, whereas particular
laws are defined by bilateral or regional agreements.
Another Perspective on International Laws
Another viewpoint through which one can consider the topic of international law is to focus on the laws of
power, coordination, and reciprocity.
Laws of power regulate master-slave relations. Those of coordination regulate relations amongst members
of the same group. Laws of reciprocity refer to the intermediary interaction which implies mutual benefit.
Naturalists vs. Positivists
Naturalism and positivism developed side by side. Naturalists argued that Divine authority was the source
of all laws. They argued that such laws had international validity as they were relevant for all humans and
were consistent with logical deductions concerning our natural state.
There is not much evidence of wide bodies of natural laws being accepted just because of their logical
consistency or because of consistent obedience to Divine authority (St. Augustine was a prominent
naturalist).
Positivists argued that only those international laws had validity, which were adopted by the consent of sovereign states. Consent is therefore considered the basis for the sense of binding obligation implied by
international laws.
The Grotians or the eclectics trod the middle path between the positivists and naturalists, conceding to
the relevance of both morality and consent.
Sources of International Law
Article 38 of the ICJ recognizes natural laws, general laws, custom,s and legal commentaries as the basic
sources of international law. Based on principles of universal acceptability, some natural laws are applicable
across the world. Based on the implicit or explicit consent of states, customary laws are mainly based on
customs or treaties. General laws defined with reference to terms like justice or rights, enables jurists to fill in
the gaps left by positivist laws. Legal commentaries help clarify, elaborate upon and apply the broad nature of
laws to specific circumstances.
Formulation & Implementation of International Laws
There is no formal institution to make international laws, so they are made outside of formal institutions.
Treaties, for example, imply signatory states to accept certain conditions concerning a particular issue. Some
treaties are made by international institutions but they only come into effect after ratification by sovereign
states.
If a sufficient number of states follow a customary practice, it becomes an international custom. The
International Court of Justice (ICJ), which is composed of UN member states recommended by the Security
Council, has an advisory capacity to interpret treaties, but it lacks the authority of national courts.
International tribunals also lack the authority of national judicial institutions. There is no international
institution to implement international laws. Individuals and states are treated as objects of international
laws. War crime tribunals were after WWII and after the massacres of Rwanda, the former president of
Serbia is being prosecuted for war crimes against the Muslims of Bosnia by the ICJ.
International versus National Laws
National laws have much greater legitimacy than international laws. While individuals rarely have recourse to self-help within nations, states rely on self-help as a matter of norm lest they are bound by a treaty of some sort. With the passage of time, international laws are becoming more accepted and complex and
sanctions and international censure ensure states to oblige to them.
Relevance of International Laws
Despite its limitations, international law helps give shape to international order. It influences and channels bilateral or even multilateral economic, social and political cooperation. It provides the normative background based on which independent states can make their decisions
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