What is International Law?

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. . .

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The Brief Idea of International Law

When you are learning, the process of learning, in other perspective, should be harder - in term of the subjects or I may say the syllabus. As the new semester is on International Law is one of the core subject that must be taken by all part five students of Bachelor of Legal Study, UiTM Shah Alam.

International Law also known as Public International Law (PIL) or the other term is Law of Nation. The history of International Law is back to the Roman Age established by Roman people to regulate the contact or relationship between Roman citizens and non-Roman people.

The unreliable and unconvincing source of Wikipedia stated that;

The history of public international law examines the evolution of state practice and the doctrinal developments in international law. In that respect, it is different from international private law and comparative history of constitutional law. Although international law in the modern sense of the word has only existed since about the 16th century, many historians of international law also take ancient history into account as a source for the early development of international legal principles. In that respect, important concepts are derived from the practice between Greek city-states and the Roman law concept of ius gentium (which regulated contacts between Roman citizens and non-Roman people). These principles where not universal however. In East Asia, political theory was based not on the equality of states, but rather the cosmological supremacy of the Emperor of China.

First three main areas to be observed with regard the Public International Law are

• The characters of International Law
• The sources of International Law
• The relationship between state & International Law

to be continued..

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