Acknowledgment

I would like to express my special thanks of gratitude to my

teacher Prof. D.P VERMA who gave me the golden opportunity to
do this wonderful project on the topic Definitions-of-International-
Law, which also helped me in doing a lot of Research and I came
to know about so many new things I am really thankful to them.

Secondly I would also like to thank my friend mahima tripathi

who helped me a lot in finalizing this project within the limited
time frame.

Index
Intoduction
International Law Today

Historical Development

Early origins

Development of World War One

Effect of world War

Recent Development

Nature and Scope

Conclusion

Introduction.
International law since the middle of the last century has been
developing in many directions, as the complexities of the life in the
modern era have multiplied. For, as already emphasised, law
reflects the conditions and cultural traditions of the society within
which it operates. The community evolves a certain specific set of
values- social,economic and political-and this stamps its marks on
the legal framework which orders life in that enviroment. It has
developed in accordance with the prevailing notions of the
international realtions and to survive it must be in hormony with
the realities of the ages.
International law is differently known as the law of Nations,
international law, public international law, transitional law,
interstate law, the law of the community of states or universal
international law. International Law or the law of nations is the
system of law, which governs relations between states. At one time
states were the only bodies which had rights and duties under
International Law, but now-a-days international organizations,
companies, and individuals also sometimes have rights and duties
under International Law, however, it is still true to say that
International Law is primarily concerned with sates.The term
international law has been defined in a variety of ways by different
jurists. Some of the definitions may be given as under:

By Oppenheim:
Law of Nations or international law is the name for the body of
customary law and conventional rules which are considered
binding by civilized states in their intercourse with each other.

J.L Brierly:
The laws of nations or international law may be defined as the
body of rules and principles of action which are binding upon
civilized states in their relation with other states
By Alf Ross:
Alf Rose defines the term international law as under:
International law is the body of legal rules binding upon states in
their relations with one another.
By Lawrence:
According to him, international law is the rule which determines
the conduct of the general body of civilized state in their mutual
dealings.

International Law today : Modern

Definitions;

International law has always been in a continuous state of change.

In modern period the term International law may rightly be defined
as under;
That body of legal rules which regulates the relationship of the
Nation States with each other, as well as, their relationship with
other International actors.
The International Law we see today is a culmination of various
treaties and compromises that the states as well as non-state actors
have arrived for the betterment of the people they represent.
International Law today is more effective in achieving the targets
decided in their preambles or objectives than they were ever
before. Coercion and moral pressures are playing a prominent role
in shaping the world as was envisaged in the Utopian vision. The
world is now more closely woven and every act of terror or peace,
every piece of legislation or every decree pronounced by judges
anywhere has a larger impact on the world order. However, a close
scrutiny of the recently concluded cold war establishes that a war
of superiority between any two blocs can cost the whole world a
great deal. But, nevertheless our world is moving ahead and those
sitting at international conferences, assigned with the task of
making our world a pacific place to accommodate and reconcile
every differences are committed to the cause.

Historical Development:
The foudations of international law (or the lawof nations) as it is
understood today lie firmly in the development of the western
culture and political organisations.

The growth of europen notions of sovereiginity and the

independent nation-state require an acceptable method whereby
inter-state relations could be conducted in accordane with
commonly accepted standards of behaviour, and international law
filled the gap. But although the law of nations took root and
flowered with the sophistication of renaissiance Europe,the seed of
this particularly hybrid plant are of far older lineage. They reach
far back into history.

Early origins
There was little scope for an international law in the period of
ancient and medieval empires, and its modern beginnings coincide,
therefore, with the rise of national states after the Middle Ages.
Rules of maritime intercourse and rules respecting diplomatic
agents (see diplomatic service) soon came into existence. At the
beginning of the 17th cent., the great multitude of small
independent states, which were finding international lawlessness
intolerable, prepared the way for the favorable reception given to
the De jure belli ac pacis [concerning the law of war and peace]
(1625) of Hugo Grotius, the first comprehensive formulation of
international law. Though not formally accepted by any nation, his
opinions and observations were afterward regularly consulted, and
they often served as a basis for reaching agreement in international
disputes. The most significant principle he enunciated was the
notion of sovereignty and legal equality of all states. Other
important writers on international law were Cornelius van
Bynkershoek, Georg F. von Martens, Christian von Wolff, and
Emerich Vattel.

Development to World War I

The growth of international law came largely through treaties
concluded among states accepted as members of the "family of
nations," which first included the states of Western Europe, then
the states of the New World, and, finally, the states of Asia and
other parts of the world. The United States contributed much to the
laws of neutrality and aided in securing recognition of the doctrine
of freedom of the seas (see seas, freedom of the). The provisions of
international law were ignored in the Napoleonic period, but the
Congress of Vienna (see Vienna, Congress of) reestablished and
added much, particularly in respect to international rivers and the
classification and treatment of diplomatic agents. The Declaration
of Paris (see Paris, Declaration of) abolished privateering, drew up
rules of contraband, and stipulated rules of blockade. The Geneva
Convention (1864) provided for more humane treatment of the
wounded. The last quarter of the 19th century saw many
international conventions concerning prisoners of war,
communication, collision and salvage at sea, protection of
migrating bird and sea life, and suppression of prostitution. Resort
to arbitration of disputes became more frequent. The lawmaking
conventions of the Hague Conferences represent the chief
development of international law before World War I. The
Declaration of London (see London, Declaration of) contained a
convention of prize law, which, although not ratified, is usually
followed. At the Pan-American Congresses, many lawmaking
agreements affecting the Western Hemisphere have been signed.

Effect of the World Wars

In World War I, no strong nations remained on the sidelines to give
effective backing to international law, and the concept of third
party arbitration was again endangered; many of the standing
provisions of international law were violated. New modes of
warfare presented new problems in the laws of war, but attempts
after the war to effect disarmament and to prohibit certain types of
weapons (see war, laws of) failed, as the outbreak and course of
World War II showed. The end of hostilities in 1945 saw the world
again faced with grave international problems, including
rectification of boundaries, care of refugees, and administration of
the territory of the defeated enemy (see trusteeship, territorial). The
inadequacy of the League of Nations and of such idealistic
renunciations of war as the Kellogg-Briand Pact led to the
formation of the United Nations as a body capable of compelling
obedience to international law and maintaining peace. After World
War II, a notable advance in international law was the definition
and punishment of war crimes. Attempts at a general codification
of international law, however, proceeded slowly under the
International Law Commission established in 1947 by the United
Nations.

Recent Developments
The nuclear age and the space age have led to new developments
in international law. The basis of space law was developed in the
1960s under United Nations auspices. Treaties have been signed
mandating the internationalization of outer space (1967) and other
celestial bodies (1979). The 1963 limited test ban treaty (see
disarmament, nuclear) prohibited nuclear tests in the atmosphere,
in outer space, and underwater. The nuclear nonproliferation treaty
(1968) attempted to limit the spread of nuclear weapons. The
agreements of the Strategic Arms Limitation Talks, signed by the
United States and the USSR in 1972, limited defensive and
offensive weapon systems. This was first of many international
arms treaties signed between the two nations until the dissolution
of the Soviet Union. Other treaties have covered the
internationalization of Antarctica (1959), narcotic interdiction
(1961), satellite communications (1963), and terrorism (1973). The
Law of the Sea treaty (1982, in force from 1994) clarified the
status of territorial waters and the exploitation of the seabed.
Environmental issues have led to a number of international treaties,
including agreements covering fisheries (1958), endangered
species (1973), global warming and biodiversity (1992). Since the
signing of the General Agreement on Tariffs and Trade (GATT) in
1947, there have been numerous international trade agreements.
The European Union (prior to 1993, the European Community) has
made moves toward the establishment of a regional legal system;
in 1988 a Court of First Instance was established to serve as a court
of original jurisdiction on certain economic matters. The
establishment of the International Criminal Court (2002), with
jurisdiction over war crimes, crimes against humanity, and related
matters, marked a major step forward in international law.

Nature and Scope

Modern International law includes both the customary rules and

usages to which states have given express or tacit assent and the
provisions of ratified treaties and conventions. International law is
directly and strongly influenced, although not made, by the
writings of jurists and publicists, by instructions to diplomatic
agents, by important conventions even when they are not ratified,
and by arbitral awards. The decisions of the International Court of
Justice and of certain national courts, such as prize courts, are
considered by some theorists to be a part of international law. In
many modern states, international law is by custom or statute
regarded as part of national (or, as it is usually called, municipal)
law. In addition, municipal courts will, if possible, interpret
municipal law so as to give effect to international law.

Because there is no sovereign supernational body to enforce

international law, some older theorists, including Thomas Hobbes,
Samuel Pufendorf, and John Austin have denied that it is true law.
Nevertheless, international law is recognized as law in practice,
and the sanctions for failing to comply, although often less direct,
are similar to those of municipal law; they include the force of
public opinion, self-help, intervention by third-party states, the
sanctions of international organizations such as the United Nations,
and, in the last resort, war.

Nation states are fundamentally the entities with which

international law is concerned, although in certain cases municipal
law may impose international duties upon private persons, e.g, the
obligation to desist from piracy. New rights and duties have been
imposed on individuals within the framework of international law
by the decisions in the war crimes trials as well as the treaty
establishing the International Criminal Court, by the genocide
convention, and by the Declaration of Human Rights.

The founders of modern international law:

The essence of the new approch to international law can be be
traced back to the spanish philosopher of that country,s Golden
Age. The leading figure of this school was Francisco Victoria
,Professor of theology at the university of salamanca (1480-
1546).His lecture was preserved by his students and published
posthumously . He demonstrated a remarkably progressive attitude
for his time towards the spanish conquest of the south American
Indians and, contrary to the views prevalent until, then, maintained
that the Indian peoples should be regarded as the nations with their
own legitimate interests. War against them could be justified on the
grounds of a just cause. International law founded on the universal
law of nature and this meant that non-Europeans must be included
within its ambit. However ,Victoria by no means advocated the
recognisition of the Indian nations as equal to the chiristian states
of Europe. For him, opposing the work of the missionaries in the
territories was a just reason for war, and he adopted a rather
extensive view as to the rights of the spaniards in south American .
Victoria was no liberal and indeed acted on behalf of the spanish
Inquisition , but his lectures did mark a step forward in the right
direction.

Conclusion.
International law has been transformed from a European-based
system enabling sovereign states to interact in a relatively limited
number of areas to a truly international order with profound and
increasingly cooperative requirements. Globalization has ensured
that the doctrine of the sovereignty of states has in practice been
modified, as the proliferation of regional and global international
organizations demonstrates. In an increasing number of cases,
certain sovereign powers of states have been delegated to
international institutions. Furthermore, the growth of large trading
blocs has underscored both regional and international
interdependence, though it also has stimulated and institutionalized
rivalries between different blocs. The striking development of the
movement for universal human rights since the conclusion of
World War II has led to essentially unresolved conflicts with some
states that continue to observe traditional cultural values. The rules
governing the use of force have focused particular attention on the
UN, but violent disputes have not disappeared, and the
development of increasingly deadly armamentsincluding
biological, chemical, and nuclear weapons (so-called weapons of
mass destruction)has placed all states in a more vulnerable
position. Particular challenges are posed when such weapons are
possessed by states that have used them or threaten to do so. In
2003 the United States and Britain led an attack against Iraq and
overthrew its government because they believed that the country
continued to possess weapons of mass destruction in defiance of
binding Security Council resolutions; the attack proceeded despite
opposition from a majority of the council to a proposed resolution
explicitly authorizing the use of force. Although terrorism is not a
new phenomenon, the increasing scale of the destruction it may
cause, as well as the use by terrorists of modern forms of
communication such as computers and mobile phones, has raised
serious new challenges for international lawones that may affect
the interpretation of the right of self-defense and pose a critical test
for the UN.