Thursday, February 18, 2010

What is International Law?

faizalnizam | 2/18/2010 09:58:00 AM | | |
International Law is one type of the laws exist in the world. For the first view before we concerns the definition of International Law, we must know what matters are regulated by the International Law?

Generally in the modern understanding of International Law, International Law regulates 3 international relationships.

1.    Those between states and states
2.    Those between states and persons
3.    Those between persons and persons from other countries

See the case of Tel-Oran v Libyan Arab Republic

So, there are two common definitions of International Law.

1.    The body of rules and norms that regulates activities carried on outside the legal boundaries of states.
2.    It is the Law of Nations.


Naturally, old things came first before new things can exist. Same goes to the International Law. Before the modern understanding of International Law exists, there was a traditional understanding of International Law. This traditional understanding consists of two common understandings.

1.    International Law encompasses the body of legal rules commonly considered binding on and between states.
2.    It does not apply to relations between states and persons, and between persons and persons from other countries
.

The classifications of the International Law can be divided into 3.

1.    Universal Law – law which is thought to be so fundamental or basic that it is binding upon all states in the community of nations whether they have individually consented to it or not.
2.    General Law – body of norms derived from conduct and practices of states in their dealings between each other.  Unlike universal law a state which does not consent to a rule of general law is not bound to observe it.
3.    Particular Law – law that is binding upon a particular state because of the conduct and practices of that particular state.

to be continued. . .

2 comments:

joegrimjow said...

islam law
perfect but never been practiced nowadays

faizalnizam said...

very true.. I belief we must start moving to practise it.

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