Q.1: - Define International law and give its main kinds.
Answer: - 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: -
1 “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.”
2. 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.”
3. By Lawrence: -
According to him, “international law is the rules which
determines the conduct of the general body of civilized state in their mutual
dealings.”
4. Modern Definition: -
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.” Beside the above definitions there are at least forty well definitions
of international law.
Major Kinds of International
Law: - There are following two major kinds of international law;
1.
Private International Law, and
2. Public International Law.
1. Private International Law: -
The term private International law may be defined as under:
“That branch of International law which determines that which law is to be
applied to a specific case containing a foreign element is called Private
International law.” Explanation: - From the above definition it is evident that
private international law is to regulate those cases where a foreign element
involves in the matter and the difficulty arose that which law shall be
applicable to the case, in other words when it becomes difficult for a domestic
court that the law of which state shall be applicable to a certain case because
the case contains an element of a foreign state/states law. In such a case
private international law comes to help because it determines that which law
shall be applicable to a certain case.
2.
Public International Law: -
The term Public International Law may be defined as under:
“A body of legal rules which regulates the relation of states inter se as well
as their relations with other non-state entities is said to be Public
International law.”
Explanation: -
From the above
definition it may be concluded that Public International law is a set of legal
rules which not only regulates the relations between the Nation States but also
regulates their relations with other non-state entities. In other words, it is
a body of rules which regulates the relationship of the international actors
with each other. These international actors may be given as under: States,
individuals, NGO’s, IGO’s, Multi-National Corporations and Movements.
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