Introduction : 

        The word " International law"is synonyms and equivalent to the words "law of nations ". It was first used by Jeremy Bentham in 1989. Prior it,  International Law was known as the law of nations. Most of jurists are of the opinion that International Law regulates a relation of states with one another and they therefore define the term of International law as a law of nations. 

           Traditionally International Law has been defined as, " a system of rules governing the relation between the states only.  Thus,  it  exists for governing the relationship between different states ".

 Some of the Definitions of International law are as Follows :


1) Oppenheim : 

            According to Oppenheim " Law of Nations or International Law is the name for the body of customary and treaty rules which are considered legally binding by civilized States in their intercourse with each other. (This Definition is subject to severe Criticism.)   

 2)  Hall : 

       According to hall, " International Law consists in certain rules of conduct which the modern civilized states regard as being binding on them in their relation with one another."

3) Hughes : 

      According to Hughes International Law is the body of principles and rules which civilized States consider as binding upon them in their mutual relations. It rests upon the Consent of Sovereign States."
         
4) J.L. Brierly

             " The law 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 relations with one another."

5) G. J. Starke :

       International Law may be defined as that body of law which is composed for its greater part of the principles and rules of conduct which States feel themselves bound to observe, and, therefore, do commonly observe in their relations with each other and which includes also : 
                
                a) the rules of law relating to the functioning of international institutions or organizations, their relations with each other, and their relations with States and individuals; and 

                b) certain rules of law relating to individuals and non-state entities so far as the rights or duties of such individuals and non state entities are the concern of the International community.   

 

6) Philip C. Jessup -
 
               " Law applicable to States in their mutual relations with states "

7) Gray -
             According to Gray  "International Law or the law of nations is the name of body of rules which according to the usual definitions regulate the conduct of the States in their intercourse with one another. "

8) Kelsen -
               " International Law or the Law of Nations is the name of a body of rules which according to usual definition regulate the conduct of the states in their intercourse with one another " .


9) Marel St Korowicz  

    Marel St Korowicz  defines International Law as,  "International Law is the Body  of legal rules which govern mutual relations of sovereign States, and also the institutions of other legal persons and of Individuals, which are not Subject to the Internal law of any Particular State. 

10)  Soviet definition and Approach to international law -
 
                         "  The some total or the norms regulating relations between states in the process of their struggle and co-operation,  expressing the will of the ruling classes of these states and secured by coercion exercised by states individually and collectively. "

        Another eminent Russian writer defined International law as " the totality of norms,  which were developed on the basis of agreements between the states which govern their relations in the process of struggle and co-operation between them,  expressing the will of the ruling classes,  and are enforced in case of necessity,  by the pressure of the ruling classes,  and are enforced in case of necessity , by the pressure applied either collectively or by individual states. "


See also  
 




0 comments:

Post a comment

See Also..