INTERNATIONAL LAW:

Meaning, Definition, Kinds,

Nature and Scope

Dr. Manzoor Ahmad Naazer,

Assistant Professor, IIUI.
 Meaning of International Law
• The word “Law” has been derived from an old
Germanic language word “Lag” which means
‘something unchangeable or fix’.
• Law is a term which does not have a
universally accepted definition.
• Generally it refers to a system of rules,
principles, procedures and guidelines which
are enforced through social institutions to
govern behaviour.
 Meaning
• International law thus refers to a system of
rules, principles and procedures that regulate
the behavior of actors in their interactions at
the transnational level. The actors, include; states,
individuals, international organizations, and other non-state
entities.
• In the past, people called this law as the “Law
of Nations” or ‘droit de gens’ whose usage can be
traced back to the Roman concept of jus gentium and the
writings of Cicero.
• The term ‘international law’ was first used by
Jeremy Bentham in 1780s in his book
“The Principles of Morals and Legislation.”
• Since 1840s, scholars and writers started using
frequently the term “International Law”
instead of “Law of Nations.”
• Still both the terms are being used
interchangeably.
 Definition
• Definitions of International Law can be put
into two categories: 1) the old ones with
limited meaning, and 2) the new ones with
wider meaning.
• The old definitions generally take a narrow
view of the scope of the subject while the new
ones take into account the developments in
the field particularly in the later half of the
20th century and have its wider view / scope.
• According to Jeremy Bentham’s classic
definition, “international law is a collection of
rules governing relations between the states.”
• In the words of J.L Brierly, the 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.”
• According to L. Oppenheim, “Law of Nations
or International Law is the name of the body
of customary and treaty rules which are
considered legally binding by civilized States in
their intercourse with each other.”
• In the words of Fenwick, “International Law is
a body of great principle which determine the
conduct of general body of civilized states in
their mutual dealings.”
• According to Kelsen, “International Law or the
Law of Nations is the name of body of rules
which – according to the usual definition –
regulate the conduct of the States in their
intercourse with one another.”
 DEFINITIONS

• According to C. Stowell, “International Law

embodies certain rules relating to human
relations throughout the world, which are
generally observed by mankind and enforced
primarily through the agency of the
government of the independent communities
into which humanity is divided.”
 Definitions (broader perspective)
• According to Whiteman, International law is
the standard of conduct, at a given time, for
states and other entities subject thereto.”
• Schwarzenberger defined international law as
“the body of legal rules which apply between
sovereign States and such other entities as
have been granted international personality.”
• J. G. Starke has defined it more comprehensively.
• According to him, “International Law must 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 include also,
• the rules of law relating to the functioning of
international institutions or organisations,
their relations with each other, and their
relations with States and individuals; and
• Certain rules of law relating to individuals and
non-States entities so far as the rights or
duties of such individuals are the concern of
the international community.”
• According to United Nations, “International Law defines the
legal responsibilities of States in their conduct with each
other, and their treatment of individuals within State
boundaries.”
 International Law:
Public & Priavate
• Difference between Public International Law
and Private International Law:
• Public international law is completely different from private
international law on the basis of the following facts:
• Private international law: a) deals only with the
individuals of two states; b) its rules are part of
national / domestic law of different states; c) it is
passed by the national legislatures of states; d) it is
different from state to state.
• Public International Law, or simply known as
international law: a) deals with states,
international organizations and individuals (in some
cases); b) its rules are not part of domestic law of
states, unless they have been specifically
incorporated by some state(s); it is not passed by
national legislatures of states; rather it mainly results
out of the customs and treaties among states; d) it is
uniform and same for all states in most cases.
• Private international law determine as to
which law will apply and which court will
have jurisdiction, in a case having a foreign
element, e.g. when disputes arise among
citizens of two or more than two states.
• Sometimes the rules of private international
law can become part of rules of public
international law when they are incorporated
in international treaties.
• Examples of private international law:
• If a Pakistani man marries a British girl in the US, in
case of dispute or separation etc.
• If a French national strike a business deal with a
German citizen in Japan etc.
• The question will arise as the law of which country
will be applied and court of which country will have
jurisdiction on the case.
 Kinds of International Law
• Public International Law or simply International
Law is divided into two kinds:
1) Particular and 2) General Internal Law
• 1) Particular (Regional) International
Law:
It comprises of the set of rules and principles
applicable in a limited geographic area /
region and binding on two or a few states in
that area, e.g. in Latin America or Europe etc.
2) General International Law:
a. It include set of rules binding upon many
states.
b. Its provisions such as treaties are widely,
not universally, binding.
c. Its rules are appropriate for universal
application, i.e. they have the tendency to become
universal rules.
 THE SCOPE OF INTERNATIONAL LAW
The scope of international law is so vast that it
covers almost all the aspects of a state
including;
• The concept of state, in which it describes
how a state come into being and what
elements are necessary for the statehood and
in case of absence of an element, either state
can maintain its status of statehood or
otherwise.
• The recognition of state, all the jurists agree that it is
necessary that the world community of states should
recognize the new borne state. Some jurists says that
when a state comes into being, it is the obligation of
all existing states to recognize it as a sovereign state
so that it could make its position in the community of
states to meet all its requirement and enter into
treaties with other states for political, economical
and sociological needs.
• The territory of State, the claim of jurisdiction
of a state on a specific territory is called
sovereignty. Every state has lone control on its
territory. It is necessary that any part of a state
should not be claimed by another state.
State’s boundary should be quite clear so that
no conflicting situation could be produced
with another state.
• Jurisdiction, an autonomous and sovereign
state has all the characteristics which give her
help in awarding international status. Former
British Prime Minister Lord McMillan says, “it
is the basic characteristics of sovereignty that
state has complete jurisdiction over persons,
real estate, natural resources found in it in a
particular time period.”
• State Responsibilities, every state has an
equal status and they are fully autonomous in
their internal and foreign affairs. Besides these
powers every state has some responsibilities
whose obedience is compulsory and in case of
disobedience from these responsibilities, this
act of a state is called international crime.
• State Succession, state succession occurs where the
sovereignty of a state is replaced by the sovereignty
of another state. When a state takes control of
another state / or succeeds it and starts permanent
use of its territorial rights and powers then it is said
that state succession has taken placed.
• Individual and State, covers topics such as nation
and nationality, how nationality is acquired and lost,
double nationality, statelessness, citizenship and
domicile, aliens; their rights and duties, extradition
and asylum etc.
• Immunities and privileges of State and its Origin, in
this topic it is discussed that why it is necessary for a
state to have bilateral and multilateral relations with
other sovereign state?
• Treaties, treaties are among the important sources of
international law. A treaty is an understanding or
oath by two or more states making them bound to
meet the responsibilities of a certain event or time.
• Neutrality is related to a situation when a state
declares its neutrality in full scale war or in the
situation of war and decides to remain unconcern
with those states which are in war or in the
situation of war.
• War and Armed Conflicts also fall under the
jurisdiction of international law. At international
level, to reduce the danger of war and armed
conflict, many international organizations are
playing their role to remove the differences among
states and making the international environment
peaceful for coexistence.
• International law also covers vast and complex areas
of international concern, including traditional topics,
such as conduct of diplomatic relations, economy and
development, nuclear energy, air law and outer space
activities, the use of the resources of the deep sea,
the environment, communications, and , last but not
least, the international protection of human rights.
This development has resulted in increasing
specialization in both academia and legal professions
in practice.
• Its domain or scope also include “a wide range of
issues of international concern such as human rights,
disarmament, international crime, refugees,
migration, problems of nationality, the treatment of
prisoners, the use of force, and the conduct of war,
among others. It also regulates the global commons,
such as the environment, sustainable development,
international waters, outer space, global
communications and world trade.”
The End