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Sansad TV: Diplomatic Dispatch- Impact Of International Law

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Introduction:

International Law is defined as the set of rules that are followed by nations when dealing with each other. It sets the rules and regulations, without which the dynamic global system would come to a halt.

Laws:

  • Law is the element of the society which helps to develop a framework within which rights and duties can be established.
  • The world today requires a method where interstate relations can be conducted, and International Law fills this gap.
  • The United Nations developed this body of International Law for the purpose of promoting international peace and security.
  • Countries come together to make binding rules that they believe will benefit their citizens.
  • International Laws promote peace, justice, common interests and trade.
  • States work together to strengthen International Law because it plays an important role in society.
  • International Law is directly and strongly influenced by the writings of jurists and publicists, instructions to diplomatic agents, important conventions even when they are not ratified, and arbitral awards.
  • Thus, International Law can be considered as treaties, set of rules and agreements between countries that are binding between them. International Law governs how nations must interact with other nations.
  • It is extremely useful in regulating the issue of jurisdiction which arises when people trade among different States. The main purpose of International Law is to promote justice, peace and common interest.

Relevance and Function of International Laws:

  • International Law grew out of necessity. As International engagement increased, International Law expanded.
  • International Law is the most convenient form of regulating world order in the present-day world.
  • International Law aims to maintain international peace and security, which provide for fundamental rights, freedoms and human rights, to refrain the State from the use of threat or force against the territorial integrity of any other State, to provide for the right of self-determination to people, to solve International problems by achieving International cooperation, to use peaceful means for settlement of international disputes.

General Principles of Law

  • As in International Law there is no cohesive body for legislating laws or any Court that has the power to set precedents, thus it is relatively undeveloped as compared to the Municipal Law.
  • Article 38 of the Statute of the ICJ provides for ‘general principles of law recognized by civilized nations’ as a source of law.
  • The general principle of International   Law, it is the duty of a State to make reparations upon the breach of an international obligation, was recognized by the Permanent Court of International Justice.

Conclusion 

  • International Law is a set of rules which are necessary in order to regulate the behaviour of nation-States towards each other so as to ensure peace and welfare of the International community.
  • It helps in resolving disputes amongst States. International Law may influence internal laws too and may become a part of domestic law.
  • It is not necessary for International   Law to be codified into an agreement.
  • There have been a lot of developments in the Modern International Law and the International Court of Justice is considered as the principal body responsible for upholding the tenants of International Law.