Index

Intoduction

International Law Today

Historical Development

Early origins

Development of World War One

Effect of world War

Recent Development

Nature and Scope

Conclusion

Introduction.
International law since the middle of the last century has been
developing in many directions, as the complexities of the life in the
modern era have multiplied. For, as already emphasised, law reflects
the conditions and cultural traditions of the society within which it
operates. The community evolves a certain specific set of values-
social,economic and political-and this stamps its marks on the legal
framework which orders life in that enviroment. It has developed in
accordance with the prevailing notions of the international realtions
and to survive it must be in hormony with the realities of the ages.
International law is differently known as the law of Nations,
international law, public international law, transitional law, interstate
law, the law of the community of states or universal international law.
International Law or the law of nations is the system of law, which
governs relations between states. At one time states were the only
bodies which had rights and duties under International Law, but now-
a-days international organizations, companies, and individuals also
sometimes have rights and duties under International Law, however, it
is still true to say that International Law is primarily concerned with
sates.The term international law has been defined in a variety of ways
by different jurists. Some of the definitions may be given as under:

By Oppenheim:
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.

J.L Brierly:
The laws 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 relation with other states
By Alf Ross:
Alf Rose defines the term international law as under:
International law is the body of legal rules binding upon states in
their relations with one another.
By Lawrence:
According to him, international law is the rule which determines the
conduct of the general body of civilized state in their mutual dealings.

International Law today : Modern

Definitions;

International law has always been in a continuous state of change. In

modern 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.
The International Law we see today is a culmination of various
treaties and compromises that the states as well as non-state actors
have arrived for the betterment of the people they represent.
International Law today is more effective in achieving the targets
decided in their preambles or objectives than they were ever before.
Coercion and moral pressures are playing a prominent role in shaping
the world as was envisaged in the Utopian vision. The world is now
more closely woven and every act of terror or peace, every piece of
legislation or every decree pronounced by judges anywhere has a
larger impact on the world order. However, a close scrutiny of the
recently concluded cold war establishes that a war of superiority
between any two blocs can cost the whole world a great deal. But,
nevertheless our world is moving ahead and those sitting at
international conferences, assigned with the task of making our world
a pacific place to accommodate and reconcile every differences are
committed to the cause.
Historical Development:

The foudations of international law (or the lawof nations) as it is

understood today lie firmly in the development of the western culture
and political organisations.

The growth of europen notions of sovereiginity and the independent

nation-state require an acceptable method whereby inter-state
relations could be conducted in accordane with commonly accepted
standards of behaviour, and international law filled the gap. But
although the law of nations took root and flowered with the
sophistication of renaissiance Europe,the seed of this particularly
hybrid plant are of far older lineage. They reach far back into history.

Early origins
There was little scope for an international law in the period of ancient
and medieval empires, and its modern beginnings coincide, therefore,
with the rise of national states after the Middle Ages. Rules of
maritime intercourse and rules respecting diplomatic agents (see
diplomatic service) soon came into existence. At the beginning of the
17th cent., the great multitude of small independent states, which
were finding international lawlessness intolerable, prepared the way
for the favorable reception given to the De jure belli ac pacis
[concerning the law of war and peace] (1625) of Hugo Grotius, the
first comprehensive formulation of international law. Though not
formally accepted by any nation, his opinions and observations were
afterward regularly consulted, and they often served as a basis for
reaching agreement in international disputes. The most significant
principle he enunciated was the notion of sovereignty and legal
equality of all states. Other important writers on international law
were Cornelius van Bynkershoek, Georg F. von Martens, Christian
von Wolff, and Emerich Vattel.

Development to World War I

The growth of international law came largely through treaties
concluded among states accepted as members of the "family of
nations," which first included the states of Western Europe, then the
states of the New World, and, finally, the states of Asia and other parts
of the world. The United States contributed much to the laws of
neutrality and aided in securing recognition of the doctrine of freedom
of the seas (see seas, freedom of the). The provisions of international
law were ignored in the Napoleonic period, but the Congress of
Vienna (see Vienna, Congress of) reestablished and added much,
particularly in respect to international rivers and the classification and
treatment of diplomatic agents. The Declaration of Paris (see Paris,
Declaration of) abolished privateering, drew up rules of contraband,
and stipulated rules of blockade. The Geneva Convention (1864)
provided for more humane treatment of the wounded. The last quarter
of the 19th century saw many international conventions concerning
prisoners of war, communication, collision and salvage at sea,
protection of migrating bird and sea life, and suppression of
prostitution. Resort to arbitration of disputes became more frequent.
The lawmaking conventions of the Hague Conferences represent the
chief development of international law before World War I. The
Declaration of London (see London, Declaration of) contained a
convention of prize law, which, although not ratified, is usually
followed. At the Pan-American Congresses, many lawmaking
agreements affecting the Western Hemisphere have been signed.
Effect of the World Wars
In World War I, no strong nations remained on the sidelines to give
effective backing to international law, and the concept of third party
arbitration was again endangered; many of the standing provisions of
international law were violated. New modes of warfare presented new
problems in the laws of war, but attempts after the war to effect
disarmament and to prohibit certain types of weapons (see war, laws
of) failed, as the outbreak and course of World War II showed. The
end of hostilities in 1945 saw the world again faced with grave
international problems, including rectification of boundaries, care of
refugees, and administration of the territory of the defeated enemy
(see trusteeship, territorial). The inadequacy of the League of Nations
and of such idealistic renunciations of war as the Kellogg-Briand Pact
led to the formation of the United Nations as a body capable of
compelling obedience to international law and maintaining peace.
After World War II, a notable advance in international law was the
definition and punishment of war crimes. Attempts at a general
codification of international law, however, proceeded slowly under
the International Law Commission established in 1947 by the United
Nations.

Recent Developments
The nuclear age and the space age have led to new developments in
international law. The basis of space law was developed in the 1960s
under United Nations auspices. Treaties have been signed mandating
the internationalization of outer space (1967) and other celestial
bodies (1979). The 1963 limited test ban treaty (see disarmament,
nuclear) prohibited nuclear tests in the atmosphere, in outer space, and
underwater. The nuclear nonproliferation treaty (1968) attempted to
limit the spread of nuclear weapons. The agreements of the Strategic
Arms Limitation Talks, signed by the United States and the USSR in
1972, limited defensive and offensive weapon systems. This was first
of many international arms treaties signed between the two nations
until the dissolution of the Soviet Union. Other treaties have covered
the internationalization of Antarctica (1959), narcotic interdiction
(1961), satellite communications (1963), and terrorism (1973). The
Law of the Sea treaty (1982, in force from 1994) clarified the status of
territorial waters and the exploitation of the seabed. Environmental
issues have led to a number of international treaties, including
agreements covering fisheries (1958), endangered species (1973),
global warming and biodiversity (1992). Since the signing of the
General Agreement on Tariffs and Trade (GATT) in 1947, there have
been numerous international trade agreements. The European Union
(prior to 1993, the European Community) has made moves toward the
establishment of a regional legal system; in 1988 a Court of First
Instance was established to serve as a court of original jurisdiction on
certain economic matters. The establishment of the International
Criminal Court (2002), with jurisdiction over war crimes, crimes
against humanity, and related matters, marked a major step forward in
international law.

Nature and Scope

Modern International law includes both the customary rules and
usages to which states have given express or tacit assent and the
provisions of ratified treaties and conventions. International law is
directly and strongly influenced, although not made, by the writings
of jurists and publicists, by instructions to diplomatic agents, by
important conventions even when they are not ratified, and by arbitral
awards. The decisions of the International Court of Justice and of
certain national courts, such as prize courts, are considered by some
theorists to be a part of international law. In many modern states,
international law is by custom or statute regarded as part of national
(or, as it is usually called, municipal) law. In addition, municipal
courts will, if possible, interpret municipal law so as to give effect to
international law.

Because there is no sovereign supernational body to enforce

international law, some older theorists, including Thomas Hobbes,
Samuel Pufendorf, and John Austin have denied that it is true law.
Nevertheless, international law is recognized as law in practice, and
the sanctions for failing to comply, although often less direct, are
similar to those of municipal law; they include the force of public
opinion, self-help, intervention by third-party states, the sanctions of
international organizations such as the United Nations, and, in the last
resort, war.

Nation states are fundamentally the entities with which international

law is concerned, although in certain cases municipal law may impose
international duties upon private persons, e.g, the obligation to desist
from piracy. New rights and duties have been imposed on individuals
within the framework of international law by the decisions in the war
crimes trials as well as the treaty establishing the International
Criminal Court, by the genocide convention, and by the Declaration
of Human Rights.

The founders of modern international law:

The essence of the new approch to international law can be be traced
back to the spanish philosopher of that country,s Golden Age. The
leading figure of this school was Francisco Victoria ,Professor of
theology at the university of salamanca (1480-1546).His lecture was
preserved by his students and published posthumously . He
demonstrated a remarkably progressive attitude for his time towards
the spanish conquest of the south American Indians and, contrary to
the views prevalent until, then, maintained that the Indian peoples
should be regarded as the nations with their own legitimate interests.
War against them could be justified on the grounds of a just cause.
International law founded on the universal law of nature and this
meant that non-Europeans must be included within its ambit.
However ,Victoria by no means advocated the recognisition of the
Indian nations as equal to the chiristian states of Europe. For him,
opposing the work of the missionaries in the territories was a just
reason for war, and he adopted a rather extensive view as to the rights
of the spaniards in south American . Victoria was no liberal and
indeed acted on behalf of the spanish Inquisition , but his lectures did
mark a step forward in the right direction.

Conclusion.

International law has been transformed from a European-based

system enabling sovereign states to interact in a relatively limited
number of areas to a truly international order with profound and
increasingly cooperative requirements. Globalization has ensured that
the doctrine of the sovereignty of states has in practice been modified,
as the proliferation of regional and global international organizations
demonstrates. In an increasing number of cases, certain sovereign
powers of states have been delegated to international institutions.
Furthermore, the growth of large trading blocs has underscored both
regional and international interdependence, though it also has
stimulated and institutionalized rivalries between different blocs. The
striking development of the movement for universal human rights
since the conclusion of World War II has led to essentially unresolved
conflicts with some states that continue to observe traditional cultural
values. The rules governing the use of force have focused particular
attention on the UN, but violent disputes have not disappeared, and
the development of increasingly deadly armamentsincluding
biological, chemical, and nuclear weapons (so-called weapons of
mass destruction)has placed all states in a more vulnerable
position. Particular challenges are posed when such weapons are
possessed by states that have used them or threaten to do so. In 2003
the United States and Britain led an attack against Iraq and overthrew
its government because they believed that the country continued to
possess weapons of mass destruction in defiance of binding Security
Council resolutions; the attack proceeded despite opposition from a
majority of the council to a proposed resolution explicitly authorizing
the use of force. Although terrorism is not a new phenomenon, the
increasing scale of the destruction it may cause, as well as the use by
terrorists of modern forms of communication such as computers and
mobile phones, has raised serious new challenges for international
lawones that may affect the interpretation of the right of self-
defense and pose a critical test for the UN.