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Published : May 02, 2017 | Author : ATUL ALEXANDER
Category : International Law | Total Views : 872 | Unrated

  
ATUL ALEXANDER
LL.M,International Law and Organisations, JRF
 

 Prelude to International Law

International Law is principles and rules of conduct, which the states feel themselves bound to observe and which include, rules of law relating to functioning of International Institution or Organisations, and their relation with states and individuals. Certain rules of law relating to individual and non-state entitities, so far as the right or duties of such individuals and non-state entities as of International community is concerned with. In view of the development during the last five decades, it cannot stand as a part of comprehensive description of all rules now acknowledged to form part of the subject.

The development is principally, relating to the establishment of number of permanent institution such as United Nations (UN), World Health Organization (WHO), regarding possession of International personality. The creation of new rules for punishment of persons committed in the name of International crime of Genocide or race destruction. The rise of regional rules as part and parcel of International Law became quite evident. In the Asylum Case (Colombian-Peruvian) in 1950 the International Court of Justice was categorical in stating that regional rules are not necessary subordinate to general rules of international law, in short international law between the states concerned. The modern shift towards regionalism in International Organization was palpable. Modern system of International Law, roughly speaking spans over early civilization, the offshoot is the influence of writers of the 16th and 17th century starting point is often pointed towards European development. Some of the concepts have commanded the support of Non-European States. In the ancient times, for example in the ancient Egypt and India, the proof of arbitration and recourse to mediation had a dominant impact. Professor Vinogradoff points towards inter-municipal law. Environment was not conducive not until the 15th century, when in Europe there began the evolution of number of Independent civilized states. But all in all International law remained dormant to say the least. Because of factors such as:

a) Temporal and spiritual unity of the greater part of Europe.
b) The feudal structure of Western Europe bringing on a hierarchy of authority.
c) Theories were evolved to meet the new conditions, intellectual and secular conception, the works of Bodin, a Frenchman formation of independent state along with customary rules relating to diplomatic envoys.

Hugo Grotius (1583-1645), whose systematic treatise on the subject ‘De Jure Belli ac Pacis’ in 1625 was considered to be a watershed movement in the history of International Law. The distinction between Just and unjust war, the recognition of the rights and freedom of individual the doctrine of qualified neutrality, the idea of peace took the vanguard. Grotius was widely recognized as the historic standard bearer of the doctrine of freedom of high seas by his popular work ‘Mare Liberum’ published in 1609. Post the Grotius era the evolution of modern International Law, treaty of Westphalia of 1648, marking the end of the thirty year war was indeed a sign post event. Even the intercourse by treaty or otherwise between Europeans and Asian Government is an historic feat. The rise of arbitration with the Jay treaty and Alabama Claims Award of 1872 mutual concern between the states, commenced to acquire the habit of negotiating general treatise in order to regulate affairs of mutual concern. The establishment of Permanent Court of Arbitration in 1899 and 1907 and Permanent Court of International Justice in 1921 was succeeded in 1946 all played in the hands of peaceful settlement of International disputes.

Natural law writers have ceased to command same degree of influence as formerly gained in the 15th and 16th century, perhaps because of emergence of number of states outside Europe, which did not inherit doctrine of Christian civilization impelling them to different perception with respect to law and legal procedure. The notion of third world a term coined at the Bandung Conference in 1955 to indicate states not aligned with either the western or communist state. Presently international law is called on to find new rules or guidelines to govern the field of nuclear or thermonuclear energy. The current position of international law regulates the relation between states and International law, the present day interdependence of the state. Modern exigencies called for a speedier method of law making, settlement of dispute through arbitration, codification and progressive development of International Law at present being sponsored by the United Nations, with expert aid of the body called as International Law Commission, created in 1947.

Points to remember:
1) International Law as Rule of Conduct.
2) State, Individual and International Organization.
3) Regionalism in International Law.
4) Individual Criminal Responsibility.
5) Arbitration, Mediation and conciliation in settling International Disputes.
6) PCA, PCIJ, International Court of Justice.
7) Natural Law and Third World Approach in International Law
8) International Institutions.




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