Meaning, Definition and Nature of International Law

Meaning, Definition & Nature of International Law

Meaning of International Law

International law is a system of treaties and agreements between nations that governs how nations interact with other nations, citizens of other nations, and businesses of other nations. International law typically falls into two different categories.

• "Private International Law" deals with controversies between private entities, such as people or corporations, which have a significant relationship to more than one nation. For example, lawsuits arising from the toxic gas leak in Bhopal, India from industrial plants owned by Union Carbide, a U.S. corporation would be considered a matter of private international law.
• "Public International Law" concerns the relationships between nations. These include standards of international behavior, the laws of the sea, economic law, diplomatic law, environmental law, human rights law, and humanitarian law. Some principles of public international law are written, or "codified" in a series of treaties, but others are not written down anywhere. These are known as "customary" laws, and nations consent to them by doing nothing.

Since most international law is governed by treaties, it's usually up to the individual nations to enforce the law. However, there are a few international organisations that enforce certain treaties. The most notable example is the United Nations, which has 192 member states.

Definition :
The expressions 'International Law' and 'Law of Nations' are synonymous and are equivalent terms. The words International Law was used for the first time by eminent British jurist, Bentham in 1789. Prior to it, 'International Law' was known by the name 'Law of Nations'

Note on : || Object of National Green Tribunal and It's Jurisdiction, Power and Procedure ||
According to Oppenheim, Law of Nation or International Law is the name for the body of customary and treaty rules which are considered legally binding by states in their intercourse with each other. The above definition contains three important elements. 

1. Firstly, International Law consists of a body of rules governing the relations between States. By the term 'relations' is meant that official intercourse which is maintained by States through their foreign officers or department of external affairs. 
2. Secondly, States regard these rules as being binding on them in their relations with one another. states comply with International Law because they feel legally obligated to do so, and not just because they want to or are merely morally obligated to do so. 
3. Thirdly, such rules derive from custom and treaties.

Read Also : || Short Note : Quantum Meruit Meaning with Illustration ||

Some another Definitions :

• Brierly

The law of nations or international law may be defined as the body of rules and principles of action which are binding upon civilized States in their relations with one another.

• Hackworth similarly defines : 

International Law consists of a body of rules governing the relations between States.

• Gray : 

International Law or the law of nations is the name of a body of rules which according to the usual definitions regulate the conduct of States in their intercourse with each other.
Kelsen has also given a similar definition.

Modern Definition :

• Fenwick

International law may be defined in broad terms as the body of general principles and specific rules which are binding upon the members of the international community in their mutual relations. The definition takes into account the changes that have taken place after the Second World War. The words members of the international community' include States, international institutions, individuals and non-State entities. The term general principles' is also incorporated in the definition.

Data Sources :
• legalserviceindia.com
• findlaw.com
• International law and human rights by H.O. Agarwal