Ans: Meaning of the International Low:
The expression
“International Law” and Law of the Nation are similar and equivalent. The term
“International Law” was introduced by Bentham in the year-1789. Prior to it
‘International Law’ was known as “Law of the Nation.”
In simple word
“International Law” means the set of rules generally accepted by the nation,
through any treaty or otherwise to regulate there relationship.
International Law consists of-
(a)
Public
International Law
(b)
Private
International Law
(c)
Supranational
Law
According
to Bentham , “International Law is the Law of Nations.”
According to I.L Oppenheim, “law of nation or
international law is the name for the body of customary and conventional rules
which are considered legally binding by civilised state in their intercourse
with each other.”
Historical and Development of International Law:
Although
the term ‘International Law’ is new and firstly used by Bentham in 1789 but the
concept of “Law of the Nation” i.e- International arise in ancient Jews; Greck;
Roman period.
The History and development of
International Law can be classified into
different period-
1. Development during Ancient period.
2. Development in 16th century.
1. Development during Ancient period.
2. Development in 16th century.
3. Development in 17th and 18th
century.
4. Development in 19th and 20th
century.
1. Ancient period-
1. Ancient period-
(a)
Jews- A study of
ancient history reveals that the Jews had relations with other community. Their
relations with other communities were regarded by certain rules.
(b)
Greeks- Greeks lived
in small city state. The mutual relation of those states were regulated and
governed by some definite rules and principles. They had formulated definite
laws of war, and peach.
(c)
Romans- In early
period Rome was
a small city. State and had relations with other state. Their relationship was
based on international law.
(d)Hindus-we can not deny the contribution of Hindu Law in the development of
International Law. There are some holy books i.e Ramayana; Mohabharat,
Vedas; Purans ; Gita, Kautilya’s
Arthashastra etc.
Which deals with international relationship; rule of war, peach and economic relationship
etc with other countries.
The Slake of vadas always
says about the non violence and peach.
(e)Muslim-
The Muslim Law (Quran) says about the peach and rule relating to war. Muslim
Law also says about the protection of women and children during war.
2. Development in 16th
century-
Grotious-
According to Grotious the natural Law is the Law of reasoning. But he dose not
deny the importance of customary Law. He divided Law in to two kinds Jus
Gentium (customary Law) and Jus Nature (Natural Law) According to him the prisoners of war should be maintained adequately by
the captor. He also point out that prisoners
of war entitled to their religious right as well. The introduced the concept of
“just war” and “unjust war.
3. Development in 17th and 18th centuries:
In 17th and 18th
centuries three school relating to International law comes into existence.-
(a) Naturalist
(b)
Positivist
(c) Grotians
(a) Naturalist: According to the
followers/supporters of Naturalist theory the international law is the law of
nature or law of reasoning. According to them Natural law is the source of
International law. They deny the positivist theory. Supporter of this theory
are-
Puffendorf
Thomasious
(b) Positivist: According to the
supporter of positivist theory the rule of International law is derived/rooted
from custom and treaty but not from natural law.
(c) Grotians: The followers of
Grotious is known as the Grotious. According to them the International law
comes from both positive and Natural law.
4.
Development in 19th
and 20th century:
According to the Jurist and
writers of 19th and 20th century. International law is
the out come of treaty and customs. However according to them natural law is
important where there is no statutory law is exists.
In 19th and 20th
centuries various treaty has been signed relating to International law. Which
takes an important place in development of International law.
(a)
Congress of
Vienna-1815: The Congress of Vienna was Landmark event for the development of
International law. In this conference European countries accepted some rules
relating to International law.
(b)
Declaration of Paris-1856: In this declaration, attack on undefended people during naval war
was prohibited.
(c)
Geneva Convention
-1864: In Geneva convention rules relating to the wended and sick members of
the armed force during war is laid down.
(d)
Hague conference of
1899 and 1907: It is one of the landmark conference in the history of
international law. In this conference it was accepted that International
dispute will be settled in a peaceful manner.
(e)
The league of Nations:
After the first world war, the nations of the world felt the need of an International
organization which might be able not only to regulate amicable the mutual
relations among the nations but could also prevent future wars.
(f)
Treaty of Locarno of 1925: In treaty of Locarno
the powerful nation like- France ,
Britain , Germany and
Italy etc enters into some agreement relating to their boundary dispute.
(g)
Kellog- Briand or
Paris pact of 1928: ‘Paris
pact’ also provide the peaceful method of settlement of International Dispute.
(h)
Geneva
Convention-1929: This convention was signed by 47 countries of the world and
many rules relating to the treatment of prisoners of wars were laid down in
this convention.
(i)
Second World War:
During the Second World War a huge number of people and Army Man die, and as
the result various agreement has been signed by all the countries of the world
to prevent future war.
(j)
U.N: As the result of Second
World War the U.N comes into existence in 1945. The main aim and object of U.N
is to maintain the peace and security in the world and to protect the war.
After the constitution of U.N various conventions has been organised by the U.N
for the protection of human life and to prevent the future wars.
