Overview of International Law Concepts

Oct 2, 2024

Introduction to International Law

Educator Introduction

  • Name: Neha Singh
  • Qualifications:
    • LLM from University of Birmingham (2020)
    • BLLB from UPS Dehradun (2019)
    • Harding International Legal Scholarship recipient
  • Experience:
    • Registered advocate with the Bar Council of India
    • 4 years of teaching and mentoring experience
    • Writer, editor, and blogger

Session Overview

  • Topic: Introduction to International Law
  • Originally scheduled for yesterday but postponed due to technical difficulties.
  • Session aims to cover the basics of International Law.

Importance in CLAT Preparation

  • International Law is part of the miscellaneous laws section in CLAT, alongside:
    • Tort Laws
    • Criminal Laws
    • Contract Law
    • Constitutional Law

Definition of International Law

  • International Law consists of rules and principles governing the relations between countries and international organizations.
  • Key Points:
    • Binding Nature: Countries must follow treaties and agreements they consent to.
    • Consent-Based: No one can compel a state to sign a treaty; states are sovereign entities.
    • Example: Paris Agreement on climate changeā€”countries are obligated to comply if they consent to it.

Aims of International Law

  • Maintain international peace and security.
  • Promote friendly relations among states.
  • Provide basic humanitarian rights.
  • Solve international problems through cooperation.
  • Settle disputes peacefully.

Historical Context

  • Jeremy Bentham: First person to use the term "international law".
  • Oppenheim's Definition: Law of nations is a body of rules legally binding by civilized states in their intercourse.
  • Hugo Grotius: Known as the "father of international law".

Types of International Law

  1. Public International Law:

    • Governs relations between states and international institutions.
    • Examples:
      • Kyoto Protocol
      • Convention on the Rights of the Child
      • Paris Agreement

  2. Private International Law:

    • Also known as conflict of laws.
    • Deals with legal relationships involving citizens or private entities of different countries.
    • Example: Property purchase disputes across countries.

Key Principle

  • Pacta Sunt Servanda: Agreements must be kept, ensuring binding and enforceable treaties.

Sources of International Law (Article 38, ICJ)

  1. International Conventions: General and particular rules agreed upon by states.
  2. International Custom: General practices accepted as law.
  3. General Principles of Law: Principles recognized by civilized nations.
  4. Judicial Decisions and Teachings: Used as subsidiary means for rule determination.

Next Session

  • Focus on sources of international law at 1 PM.
  • Reminder for a class on constitutional law at 7:30 PM on YouTube.

Closing Remarks

  • Encourage students to join further classes and utilize resources available on Unacademy.
  • Thank you for joining and wish everyone a great day!