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INTERNATIONAL LAW
MS. ALAKNAN Aditi Chauhan
aditichauhanbw@gmail.com
INTERNATIONAL LAW IS NOT REAL
LAW
 According to Thomas Hobbes and John Austin law is command of
sovereign enforced by superior political authority.
 John Austin said that its just a positive International Morality.
JOHN AUSTIN THOMAS
HOBBES
 According to Thomas Erikson Holland and Jeremy Bentham International law
lacks effective legislative machinery, an executive machinery and potent
judiciary which is necessary for enforcement.
 Bentham used the term International law for the first time
JEREMY BENTHAM THOMAS ERIKSON
INTERNATIONAL LAW IS A REAL
LAW
 Hall and Lawrence :Law is followed and enforced and also derived from
custom and precedent law
 Frederick Pollock :For law to exist the only condition is It should be
recognized by the political community as binding them and International law
satisfies this condition.
FATHER OF INTERNATIONAL LAW
 Hugo Grotius divided law into segments
LAW
Positive Natural
Human Divine
Law of
nations
Civil or
municipal law
HUGO GROTIOUS
DEFINATION OF INTERNATIONAL
LAWProffesor L Oppenehiem- JL Brierly-Gray
Law of nations is the international law is the name of the body of customary and conventional
rules which are considered legally binding by the civilized states in their intercourse with each
other.(Limited definition ,No mention of UN or international organization)
Sir Robert Jennings and Sir arthur Watt
The above definition+ States are not only the subject matter of international law. International
Organizations to some extent and individuals may also be subject to international law.
Schwarzenberg
International law is the body of legal rules which apply between sovereign states and such
other entities as have been granted international entity recognization
NATURE OF INTERNATIONAL LAW
 Not as effective as municipal law
 International law is only binding on the states if the states agrees to it first otherwise not,
whereas municipal law will be implemented on anyone residing in that particular country.
 Absence of real powers for the courts at international level to enforce the decision,as all armies
and police are under countries.
 No codification
 Hence it is a weak law in nature.
BASIS OF INTERNATIONAL LAW
Naturalist theory :says there is a higher reason why the law is law(no man can judge his
case)
Postivisim theory: Positive law is made by humans. According to this international law can
be divided into 2 categories public and private. The former referring to states and latter to
individuals.
Consent theory: State consent is the method whereby states identify and acknowledge the
rules they consider binding on themselves
Auto limitation theory: Voluntary restriction of sovereign of states by giving the power to
international law
Fundamental rights theory:Man is entitled to basic rights. Right to life ,dignity etc.
Pacta sun Servanda: agreement must be kept.States should fulfil the obligations under
treaties
SOURCES OF INTERNATIONAL LAW
ICJ(international court of justice)
location: The Hague, Netherlands
operational: April 1946
Below are the sources that come under article 38
 International conventions
 International customs(uniform state practice , belief that practice is
obligatory)
 General principles of law recognized by civilized nations(eg pacta sunt
servanda, no man can judge his own case)
 Judicial decisions(art 59:no precedent value but judicial decision of muncipal
court can serve as evidence if nothing works)
 Equity and justice:when nothing works judges use good consciousness
CASE
LUTHER VS SAGOR 1921
 Luther was from UK but had a business of timber in Russia .
 In 1917 Russia nationalized all the Timber businesses ,therefore Luther had to come back to
UK.
 UK citizen Sagor orders timber from Russia. Luther then claims that the Timber is his and UK
has never recognized the government of Russia.
 If the government is not recognized its illegal.
 At that time Russia was declared De Facto.
 Luther claims that its recognised defacto now whereas his Timber was taken by him back then.
 The court then declares that De Facto recognition gives Retrospection effect hence its Russia’s
Timber as all the work done by government before are valid
CURRENT STATE OF INTERNATIONAL LAW
 There are international legislations created nowadays as treaties and conventions
 These legislations have binding force behind them
 States consider themselves bound by these legislations
 The international community and UN can act against violation of this legislation
 It’s a law that is stronger than past but yes weaker than municipal law till now
TREATY FORMULATION
 Appointment of the representative by the contracting state
 Negotiation and adoption
 Signatures
 Ratification
 Accession and adhesion
 Entry into force(date of ratification not signing)
 Registration and publication(cannot be represented in UN or other bodies
if not done)
THANK YOU
SUBMITTED BY :ADITI CHAUHAN(MBA-Engineer)

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INTERNATIONAL LAW

  • 1. INTERNATIONAL LAW MS. ALAKNAN Aditi Chauhan aditichauhanbw@gmail.com
  • 2. INTERNATIONAL LAW IS NOT REAL LAW  According to Thomas Hobbes and John Austin law is command of sovereign enforced by superior political authority.  John Austin said that its just a positive International Morality. JOHN AUSTIN THOMAS HOBBES
  • 3.  According to Thomas Erikson Holland and Jeremy Bentham International law lacks effective legislative machinery, an executive machinery and potent judiciary which is necessary for enforcement.  Bentham used the term International law for the first time JEREMY BENTHAM THOMAS ERIKSON
  • 4. INTERNATIONAL LAW IS A REAL LAW  Hall and Lawrence :Law is followed and enforced and also derived from custom and precedent law  Frederick Pollock :For law to exist the only condition is It should be recognized by the political community as binding them and International law satisfies this condition.
  • 5. FATHER OF INTERNATIONAL LAW  Hugo Grotius divided law into segments LAW Positive Natural Human Divine Law of nations Civil or municipal law HUGO GROTIOUS
  • 6. DEFINATION OF INTERNATIONAL LAWProffesor L Oppenehiem- JL Brierly-Gray Law of nations is the international law is the name of the body of customary and conventional rules which are considered legally binding by the civilized states in their intercourse with each other.(Limited definition ,No mention of UN or international organization) Sir Robert Jennings and Sir arthur Watt The above definition+ States are not only the subject matter of international law. International Organizations to some extent and individuals may also be subject to international law. Schwarzenberg International law is the body of legal rules which apply between sovereign states and such other entities as have been granted international entity recognization
  • 7. NATURE OF INTERNATIONAL LAW  Not as effective as municipal law  International law is only binding on the states if the states agrees to it first otherwise not, whereas municipal law will be implemented on anyone residing in that particular country.  Absence of real powers for the courts at international level to enforce the decision,as all armies and police are under countries.  No codification  Hence it is a weak law in nature.
  • 8. BASIS OF INTERNATIONAL LAW Naturalist theory :says there is a higher reason why the law is law(no man can judge his case) Postivisim theory: Positive law is made by humans. According to this international law can be divided into 2 categories public and private. The former referring to states and latter to individuals. Consent theory: State consent is the method whereby states identify and acknowledge the rules they consider binding on themselves Auto limitation theory: Voluntary restriction of sovereign of states by giving the power to international law Fundamental rights theory:Man is entitled to basic rights. Right to life ,dignity etc. Pacta sun Servanda: agreement must be kept.States should fulfil the obligations under treaties
  • 9. SOURCES OF INTERNATIONAL LAW ICJ(international court of justice) location: The Hague, Netherlands operational: April 1946 Below are the sources that come under article 38  International conventions  International customs(uniform state practice , belief that practice is obligatory)  General principles of law recognized by civilized nations(eg pacta sunt servanda, no man can judge his own case)  Judicial decisions(art 59:no precedent value but judicial decision of muncipal court can serve as evidence if nothing works)  Equity and justice:when nothing works judges use good consciousness
  • 10. CASE LUTHER VS SAGOR 1921  Luther was from UK but had a business of timber in Russia .  In 1917 Russia nationalized all the Timber businesses ,therefore Luther had to come back to UK.  UK citizen Sagor orders timber from Russia. Luther then claims that the Timber is his and UK has never recognized the government of Russia.  If the government is not recognized its illegal.  At that time Russia was declared De Facto.  Luther claims that its recognised defacto now whereas his Timber was taken by him back then.  The court then declares that De Facto recognition gives Retrospection effect hence its Russia’s Timber as all the work done by government before are valid
  • 11. CURRENT STATE OF INTERNATIONAL LAW  There are international legislations created nowadays as treaties and conventions  These legislations have binding force behind them  States consider themselves bound by these legislations  The international community and UN can act against violation of this legislation  It’s a law that is stronger than past but yes weaker than municipal law till now
  • 12. TREATY FORMULATION  Appointment of the representative by the contracting state  Negotiation and adoption  Signatures  Ratification  Accession and adhesion  Entry into force(date of ratification not signing)  Registration and publication(cannot be represented in UN or other bodies if not done)
  • 13. THANK YOU SUBMITTED BY :ADITI CHAUHAN(MBA-Engineer)