3. Generally International Law means that law which
regulates the relationship between International
actors
Meaning:
Meaning of International
Law
There is no unanimous definition of International
Law due to the disputed nature of the term law
itself.
Hence, different jurists define it in different ways
Literally, International Law means Law applicable
between Nation States
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4. Traditional Definitions:
Law of Nations or international law is the name for the
body of customary law and conventional rules which are
considered binding by civilized states in their intercourse
with each other.
L. Oppenheim:
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International law is the body of legal rules binding upon
states in their relations with one another.
Alf Rose:
Definition of International
Law
International law is set of rules which determines the
conduct of the general body of civilized state in their mutual
dealings.
Lawrence:
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5. International Court of Permanent Justice (PCIJ):
[In SS Lotus Case: France v. Turkey (1927)]:
International Law governs relations between independent states.
The rules of law binding upon states therefore emanate from their
will as expressed in conventions (Treaties) or by usages generally
accepted as expressing principles of law established in order to
regulate the relations between these co-existing independent
communities or with a view to the achievement of common aims.
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Traditional Definitions:
Definition of International
Law
6. Nature
Source
Subjects
Functions
Essentials of Traditional Definitions:
Law/Body of Rules
Customary/Conventional
Nation States
Mutual Relationship
Body means something compact which is unchangeable
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Definition of International
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7. Criticism on Traditional Definitions:
Firstly:
Not a body but a process
Not static but changing
Reinterpretation and reshaping of rules
Secondly:
Article 38 of UN Charter lists other sources as well apart
from Agreements and Customs. For example, ‘General
Principles of Law recognized by Nation State” etc.
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Definition of International
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8. Thirdly:
Not only Nation States but now-a-
days other organizations like NGOs
and IGOs are also having certain
rights and duties under international
law.
Fourthly:
Not only Nation State but even private
individuals are also having some
rights and duties under International
law.
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Criticism on Traditional Definitions:
Definition of International
Law
9. International is the standard of
conduct, at a given time, for
states and other entities subject
thereto.
Whiteman:
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Modern Definitions:
Definition of International
Law
10. International Law may be defined as that body of law
which is composed for its greater part of the principles
and rules of conduct which States feel themselves bound
to observe, and, therefore, do commonly observed in their
relations with each other, and includes also --
J.G. Starke:
The rules of law relating to the functioning of
international institutions or organizations, their relations
with each other, and their relations with states and
individuals; and
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Definition of International
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11. 1-11
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Certain rules of law relating to individuals and non-
States entities so far as the rights or duties of such
individuals are the concern of the international
community
Definition of International
Law
International Law may be defined as that body of law
which is composed for its greater part of the principles
and rules of conduct which States feel themselves bound
to observe, and, therefore, do commonly observed in their
relations with each other, and includes also --
J.G. Starke:
Modern Definitions:
12. A process whereby the common interests of
international society is safeguarded and
enhanced is called International Law.
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Conclusion
Definition of International
Law
