International Law: Definition, Evolution and Scope of jurisprudence

International Law: Definition, Evolution and Scope of jurisprudence

In this age of equality and mutual collaboration and peaceful co-existence, no state can have an independent and secluded existence. All the states ar associated with each other in type of ways in which. Every state has its relations with the other states of the world. The laws that regulate the dealings of the states with each other ar referred to as International Laws.

Definitions of International Law:

(1) among the words of Wheaton, “International law consists of those rules of conduct which reason deduces as consonant to justice from the nature of the society existing among independent nations; with such definitions and modifications as is also established by general consent”.

(2) R.N. Gilchrist maintains, “International Law is the body of rules which civilized states observe in their dealings with each other. These rules being enforced by every explicit state in line with its own ethical customary or convenience”.

(3) In the words of T.J. Lawrence, “Rules that ensure the conduct of the body of civilized states in their mutual dealings”.

Evolution of International Law:

International Law is of very recent origin. The development of International Law IS the result of the development of international relations. In his famous book, international Law’, Professor T.J. Lawrence, who has made a special study of its decent developments, has divided it into three periods.

The first period begins with the origin of the European civilization and lasts till the beginning of the Roman Empire. The second period begins from the Roman Empire and lasts to the Reformation. The third extends from 1648 up to the current time.

First Period:

India was awake to abundant of jurisprudence once the remainder of the planet was in wild stage. References have been made to these rules in ‘Koutilya’s Arthshastra’. For example, in the post-Vedic period there existed certain rules according to which wars were declared, and waged, treaties were renounced, alliances were negotiated and ambassadors were accredited Ambassadors were not to be killed, because it were they who gave the message of their rulers to the foreign rulers.

They were ne'er guilty whether or not disclosed sensible messages or dangerous ones. Indian Rulers observed a regular code of war. References have been made to these rules in the Mahabharata and in other books of ancient times.

In the third century B.C., Rhodes, a famous city of Greece, became a very great trade centre. The traders of Rhodes started following bound rules that anon began to be discovered by the opposite states of Balkan nation. These rules are known as Maritime Code. They conjointly recognised “the law of mankind” that established a system of the protection of envoys, obligations of alliances and sanctity of treaties.

With the dawn of Roman Empire, Rome established its relations with the alien states. They conjointly developed a system for dealings with the alien states. This system is thought as Jus gentium which implies law of countries. The Jus gentium is that the real contribution of Rome within the development of jurisprudence.

The Jus gentium was a Code of rules applied to the dealings with the voters of various nations. This code of rules is incredibly kind of like the jurisprudence. This is the best contribution of Rome to the event of jurisprudence.

Second Period:

There was no development within the jurisprudence farewell because the Roman Empire existed. The theory of common superior (supreme) over all political units of the world was popular. After the autumn of Roman Empire feudalistic states emerged. The feudalistic rulers protested against the ascendence of the church.

The concept of territorially independent state was brought in with the advent of feudal system. The supremacy of Pope was questioned. Pope’s interference within the internal matters of various states irritated the ecu rulers. The rulers abolished the authority of Pope and organised nation-states.

Wars were declared by these nation-states against one another. The Church arranged stress to hold out these wars in human ways in which. Ayala, the judge of Spanish Military Court; Mr. Genteel, a distinguished figure of Italy; Suarge, the famous jurist of Spain and the political thinkers belonging to the latter half of sixteenth century maintained that the dealings between different States should be regulated by the Law of Reason. States ought to observe the Law of Reason whereas handling alternative states on international level.

Third Period:

The third period extends from the date of Reformation up to the present time. Hugo Grotius’s book, “On the Law of War and Peace” (1625), is a notable contribution of this period. This book reflects upon the cruelty of wars fought in sixteenth and seventeenth centuries. Hugo Grotius, the Dutch Scholar formulated the doctrine of International Law and analysed international practice m his book.

He laid stress on the two fundamental doctrines:

(a) All States are equally sovereign and independent.

(b) The jurisdiction of the state is absolute over its entire space. His book “On the Law of War and Peace” deals in detail with the international laws of war and peace. References have been made to these laws of war and peace in the Peace Westphalia (1648) which ended thirty years’ war.

International Law of that we tend to ar aware in times is basically the merchandise of this era. Wheateon and Oppenheim are more prominent among the political thinkers who have expressed their views on International Law.

Scope and Contents of International Law:

Scope:

The scope of jurisprudence is extended to all or any the free and freelance nations. According to jurisprudence all the states whether or not they ar tiny or huge fancy identical standing. “No principle of law”, aforesaid jurist Marshall, “is universally acknowledged than the right equality of states. Russia and Geneva have equal rights. It results from this equality that no one can rightfully impose a rule on others”.

Contents:

Following is that the a lot of comprehensive division of the contents of International Law:

(1) Laws governing states in times of peace.

(2) Laws governing states in times of war.

(3) Laws governing states within the relation of neutrality.

(1) Laws of Peace:

Laws of Peace embody the rights and obligations regarding independence and equality of the states. They also include maritime code and navigation laws. They are the rules of intercourse of states.

They embody the rights and duties of officers connected to foreign offices. They embody privileges and facilities of the diplomatic representatives, organization and procedure international conferences and nature and method of treaty making, etc.

(2) Law governing states in times of war:

Rules of War type the big portion of law. The rules of war include the declaration of war, the classification of wars, laws and customs of war on land, sea and air, the after-effects of war, the dealings with war prisoners.

According to the laws, it is quite unconventional to use poisonous gases and bacteria’s in the warfare and to bombard the civil areas. These rules forbid the states, engaged in war, from seeking foreign military assistance and from mining the ports.

(3) Law governing states within the relation of neutrality:

The laws of neutrality embrace the duties of belligerent states of neutral states, duties of neutral states to belligerent states, neutral trade, commerce, contraband and blockade, etc.

Related Articles:

9 Major Sources of International Law

Comparative Politics: that means, Scope and Its Evolution | social group

Political Science: Definition, Theory, Nature and Scope

Six Arguments against International Law

SHARE

Md Abu Salam Sk

Hi. I’m Designer of Blog. I’m CEO/Founder of MD Online Coaching Run By MD FOUNDATION. I’m Complet BA Hons in Political Science and also LLB.

• 
• 
• 
• 
•