INTERNATIONAL LAW

PRESENTED ON 27.01.2010
BY OSAMA RIAZ
UCP-PCBA
BACKGROUND...
 In any given society where people live
together, conflicts of interests are bound to
arise and there is always the need to do
justice. Rules for the regulations of human
conduct are, therefore, present in all
societies. They are necessary for the
stability and peace because man would not
know how he should behave. As the
relations of the individuals in a society are
governed by municipal law, the relations of
the states are governed by International law.
Like National law, International law also
maintains international order and stability in
the society of nations. It is in the interest of
states themselves to agree and to regulate
DEFINITION :

International law means the law
among nations. It is a law which governs
the conduct of states interests.
International law is the body of rules
which defines and regulates the relations
of states in the international society. It
creates rights and obligations on the
states.
 According to Lawrence, “International
law is the body of rules of civilised states
in their dealings”.
 According to Hall, “International law
consists in certain rules which modern
states regard in this relation with one
NATURE & FUNCTIONS

International laws are frequent
especially during the war periods. One of the
biggest limitations of the International law is
its enforcement. International Court of
Justice has no power to enforce its
judgements on the states. The states are
free to obey or disobey the decisions given
by the ICJ.


 Violations of International law are

certainly frequent, especially, during the war
periods. The states in breaking International
law never deny its existence but interpret it
in a way as to justify their actions. For
Example, US Invasion of Iraq in 2003.

 According to Austin, ‘’Every law must
be backed by the authority of the state
and if that element is lacking, it cannot
be called law’’.
 If this definition is applied to
International law, it cannot be called law
in the true sense. There is no political
authority over and above the states to
enforce the rules of International law.
 Modern writers regard International
law as true law. In spite of a number of
weaknesses in International law, modern
jurists do not deny its legal character and
consider it as something binding.
Maritime delimitation
Romania vs. Ukraine 2004


In 1997 both agreed that if no resolution

on maritime borders can be reached within
two years, then either side can go to the
International Court of Justice to seek a
final ruling
Romanian side brought up the case in 2004
At last in Feb 2009 court make final
ruling, which divided the sea area of the
Black Sea along a line which was between
claims of each country
Where Ukraine considers the ruling ‘’just
& final’’ as well of Romania
INTERNATIONAL LAW NATIONAL LAW
 Which is recognizes & forced by  It is passed by the national
International Community like UN, governing body of a nation that
EU etc. only applies to said sovereign
nation.
 Adopted by states as a common  Issued by a particular political
rule of actions among themselves. superior for the observance of
those under the authority within a
state.
 Regulates the affairs of the  Governs the relationship between


International community the Citizens and the state

 It comprises of States,  Made by Parliament

International organisation &
Institutions and other entities
Monism In International
law:-
Assume that the Internal & International
legal systems form a unity
Both national legal rules and International
rules that a state has accepted, for
example by way of a treaty, determine
whether actions are legal or illegal
Simply If in Holland A citizen feels his human
rights are violated he can go to Dutch
judge and the Judge must apply Law of
Convention, He must apply International
law even if it is not in agreement with
Dutch Law.
Dualism In International
law:-
Dualism is a legal concept which contends
that national law and International law are
two separate and distinct areas of law.
In dualist approach International law is
translated into national law for implications
etc.

Conclusion
A. V . Dicey gave the concept that, ‘’No one is above
the law and no one may act outside the law’’.
