The origins of international
law can be traced back thousands of years to ancient treaties like an agreement
between the rulers of the city-state of Lagash, umma. The Roman Empire did not
develop international law, yet the collapse of the Holy Roman Empire into
independent cities, principalities, kingdoms, and nations paved the way for the
development of international law. Later on,great writers like Grottius, the
concept of the law of nature, and the theory of positivism made great contributions
to the development of international law.
Define international law
International law is a set of
those rules that are generally regarded and accepted as binding in relations
between states and nations.
Different forms of general law
Modern point of view
From a modern point of view,
relations between states are about the workings of an international law
institution or organisation,their relations with one another, and their
relations with states and individuals.
Sources of international law
Sources of international con be
classified following two main kind;
Formal sources of international
Formal sources of international
law means those sources from which the authority of law is derived. According
to an opinion, the community of states is the formal source of international
law.
Material sources of
international law
Material sources of
international law are those sources from which the subject matter of the law is
derived.
Customs
Since time immemorial, states
have entered into formal relations with one another. Over several ages,custom
had been developed to conduct such relationships. custom had made modern
international law. Therefore, customs are considered material sources of
international law.
Treaties
With the passage of time,
customs have failed to meet the urgent demands of international society to
regulate relations between states. In fact,international activities have become
complex due to industrial and economic developments, technological advances,
commercial law, and communication revolving.
In such situations,treaties
play an important role not only in solving the complicated problems of the
modern international community but also in developing international law.
Treaties are considered a material source of international law.
Decisions of judicial or
arbitral tribunals
Decisions of courts and
tribunals are considered subsidiary and indirect sources of international law.
Article 38 of the Statute of the International Court of Justice provides that
the court can apply judicial decisions as a subsidiary means for determining
the rule of law. However, it reveals that decisions or arbitral tribunals are
not only strictly speaking formal sources, but they are also regarded as
authoritative evidence of the state of law in some instances.
Juristic work
Through the juristic work of
various scholars of international law, the opinions of such scholars have been
achieved and are widely admitted and used. Even such opinions sometimes lead to
legislation under international law. Therefore, it would be fair to mention
that the writings of such scholars have greatly influenced the development of
international law. However,such writings are not mostly accepted as independent
international sources.
Decisions of organs of
international institutions
International institutions can
represent intermediate or final steps in the evolution of customary rules. A
resolution of institution can have full binding effect. Every institution has
the inherent power to determine its own jurisdiction. Sometimes,such
international institutions are given the power to make binding decisions. In
this way, the decisions and determinations of the organs of an international
institution can lead to the making of rules of international law.
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