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International law

International law is a law body, which consists of basic rules and principles that govern the relationship and dealings concerning states and individuals relations among international organizations. For instance, the public international laws deal with governing the rights between nations and the citizens. The private international law deals with issues of controversies appearing between private persons arising from major connection of more than one state. International law constitutes several concepts of law in the national legal system.  The body responsible for making international law includes the international customs: agreements and treaties. International law is a legally voluntary endeavor. Due to the legal systems of different countries, the laws that govern international law include both common and civil laws. The application of these two covers all the requirements of national law. International law recognizes three major principles that are chiefly based on courtesy and respect.

Principle of comity –this law is applicable in a situation where two nations share common public ideas. In this case, one of the two nations is required to surrender to the laws and judicial verdict of the other.

Act of state doctrine – this law discourages courts from declining cases that are likely to interfere with a country’s foreign policy. It respects the sovereignty of a nation in its own territory and any judicial body may not question its actions.

Doctrine of sovereign immunity- it deals with cases of a nation against another brought in court. It prevents the sovereign state from being tried in court without its knowledge.

Although there is no perfect governing body oversees international law, the united state is the most influential international organization. International law can further be broken in to public and private where the public law covers the rules, laws and customs that monitor the conduct and dealings of different nations. Private law deals with disputes arising between private citizens of various nations. International law is a combination of both customary and conventional law. Conventional international law is derived from international agreement and may be of any form agreed upon by members of the states. In circumstances where neither of the laws is applicable, a general principle is introduced in place of the national law.

Most Individuals and those states that are part of international organizations are the major subjects of international law. It imposes upon nation’s definite obligation in respect to the individuals. It is considered violation of human rights if international law handles an alien in a way not justifiable by the international standard of justice. The most influential country is the United States of America with its main mission being to preserve peace and security among nations. This has helped in solving international problems by harmonizing actions of the nations. This charter has been respected by all nations and even the non-member have consented in its principles.

By becoming a member of the international treaties, the state assumes all the obligations and duties under international law. The nations are required to respect, protect and fulfill all the human rights. This obligation requires states to take positive actions to facilitate all the human rights. International law has other substantive fields like

  • security law
  • human rights law
  • diplomatic law
  • criminal law
  • economic law
  • humanitarian law
  • environment law