Kamakshi Jasra, Legal Student. Baroda School of Legal Studies, M.S.University.
Introduction:
International law cannot be defined per se. The concept of International Law is not only complex but also dynamic. But, in a nutshell, we can say that International law is a body of rules that nations recognize as binding upon one another in their mutual relations. However, International Law is evolving from the Morality principle to a more enforceable norm.
In basic conception, International law consists of a common body of norms or principles which are used in the solution of diverse problems. It is essential that such norms or principles be applied consistently in order to promote the objectivity and uniformity associated with “law” as opposed to ad hoc or unprincipled decision-making in which a different rule is developed for each problem. Upon the basis of this premise, International law may be accurately regarded as a set of uniform principles which require at least minimum standards of reasonable and humane conduct in the world community.
International Laws are normative in nature. They have a futuristic view and are especially inclined towards morality. They are not laws as per the precise sense of the term but they are followed by various Nation States as a part of the declaration of their Unity with other Nation States. International Law is the law that governs International relations and various aspects of governance. The incorporation of various treaties and protocols has, to a large extent, minimized the disregard for the rights of a Nation-State.
The principles of International Law are established by consent and agreement. Express agreement is usually termed treaty or conventional law, and implicit agreement is usually termed customary law. Both are based primarily upon the consent of States as manifested by their governments, although other participants including International public bodies and individuals