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Lawyers for International Law in Behta Gusain, Budaun

International law is a set of rules and regulations which the states accept in their mutual intercourse. The term international law was for the first time used by Jermy Bentham. The origin of international law can be traced back to ancient years. It was founded on the basis that states are the only subjects of international law and modified from there. Although International law primarily deals with the relations among states it also deals with the right and duties of International organizations, Individuals, and non-state entities. These rules are intended to set up an orderly and peaceful world. International law can be classified into two categories they are,

  1. Private International Law

  2. Public International Law

Private international law or conflict of laws deals with disputes between private entities such as individuals and organizations of different nations. The private international law of behta gusain, budaun is not so developed. The behta gusain, budaunn judges in such a situation apply English principles.

Public International Law deals with relations among states. The concepts like Freedom of air, Law of the sea, Extraction, Immunities, and privileges of Diplomats, etc are dealt with by Public international law.  The United Nations mainly deals with public international law.

Definitions of international law: There are several definitions to international law, some of the noted definitions are

Oppenheim's definition: He is one of the earliest writers of international law. According to Oppenheim International law in the name of the customary and conventional rules which are considered legally binding by civilized states in their intercourse with each other. His definition suffers some defects as he stated that states are the only subjects of international law. At present states are not the only subjects of international law International organisations, Individuals and Non-state entities are subjects of International Law.

Torsten Gihl: He is a Swedish historian, according to him, International law is the body of rules which applies to the international community and society of states.

J.L. Brierly: According to him, International Law is the body of rules and principles of action, which are binding upon civilized states in their relations with one another.

J G Starke:  According to him, International law may be defined as the body composed of its greater part of principles and rules of conduct which the state feels bound to observe and do commonly observe.

Hugo Grotious: He is a Dutch scholar and jurist who followed the principle of natural law. He is regarded as the father of international law. His work De Jure Belli ac Pacis (On the Law of War and Peace) laid the foundation of International law. He stands for freedom of the high seas which rapidly gained acceptance of nations.

According to him, the basic qualities such as goodness, reason, and morality are the basis of International law.

  1. He stated that individuals and states composed of individuals are identical.

  2. He distinguishes between just and unjust war.

  3. He stated that states should settle disputes through negotiations and peaceful means.

  4. He states that states should be subjected to the same rules that regulate individuals.

  5. Natural law is the basis for determining rules for the rightful conduct of the states.

  6. He stated that prisoners of war should be maintained adequately by the captor.

  7. The scholars who followed Grotius can be grouped into two schools, the naturalists and the positivists. 

Sources of International law

The sources of international law are

  1. International custom

  2. International conventions and treaties 

  3. General principles of law recognized by states

  4. Decisions of judicial or arbitral tribunals 

  5. Juristic works 

  6. Decisions and determinations of organs of international institutions

International custom: Article 38 (b) of the International Court of Justice considers International custom one of the sources of International Law. It is one of the oldest and the original sources of International law. It is one of the important sources of international law. These customary laws are developed in a long process of development. An example of the customary rule in international law is the rules right of passage through the territory of another state, sovereignty over airspace. For usage to become a custom the conditions are Long duration, Uniformity and consistency, Generality of practice, and open Juriset necessitates ( the rules of practice should be accepted by the states).

International conventions and treaties: Article 38 of the statute of the International Court of Justice recognizes International conventions and treaties as one of the sources of international law. In the modern context, international conventions are one of the most important sources of international law. In Order to decide an international dispute the International court first analyzes whether there is an international treaty on the point or not.

 Oppenheim defines treaties as agreements of a contractual character entered into by states or organizations of states creating legal rights and obligations.

General principles of law recognized by civilized states

Article 38 (1) (c) of the International court of justice recognizes general principles of law recognized by civilized states as one of the sources of international law. These principles mean those principles which are recognized by the municipal law of almost all the states. The general principles of law recognized by states are the doctrines of res judicata, estoppel, subrogation, etc. Also  the following general principles such,

A party to a dispute cannot himself be an arbitrator or judge In a proceeding, the court shall give proper and equal opportunity of hearing to both parties.

Decisions of judicial or arbitral tribunal:  Article 59 of the statute of the International court of justice makes it clear that the decision of the court will binding force only with respect to the parties and in that particular case. The decisions of the ICJ do not create any binding general rule of international law.

The decisions and determinations of organs of international organs: 

The ICJ does not recognize decisions and determinations of international organs as a source of international law. But the importance of the decisions and determinations of organs of international organs cannot be ignored.

International law and municipal law: International law is a body of rules which are binding primarily on states and on organization and non-state entities in the international sphere. Municipal law is the national or domestic law of a state. It is specific to a particular country. It emerges as a result of the supreme power of the state.   There are disputes among jurists whether international law and municipal law are distinct and independent systems or whether they form a single legal system. Various theories have been propounded by jurists in order to study the relationship between international law and municipal law, they are,

Monism- The exponents of this theory are Kelson, Wright, and Dugit. The Monistic theory states that law is a unified branch of knowledge. They state that Municipal law and International law are two branches of law that are connected with one another. They are unified branches of law. 

Dualism- Trippel, and Anzilloti are the chief exponents of this theory. They maintain the view that International law and Municipal law are two separate branches of law. They maintain the view that individuals are the subjects of  Municipal law and states are the subjects of International law. Will of the state is the source of Municipal law where the common will of the states is from where the origin of International law.

But in practice both these theories are not proper and sound in practice they are not applicable. States don't follow these two theories in practice.


Thus states follow their own practices on this. The behta gusain, budaunn practice is in the case of Customary rules International laws are treated as part of behta gusain, budaunn law if it is consistent with the constitution of behta gusain, budaun and other legislations. In the case of Treaties behta gusain, budaunn law follows British practice. International treaties became part of behta gusain, budaun's municipal law if they is specifically incorporated

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