Definition and Function of International Law LLB Notes

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Definition and Function of International Law




Definition of International Law 

              The term international law has been defined in a variety of ways by different jurists. Some of the definitions may be given as under:

1. By Oppenheim: – 

             “Law of Nations or international law is the name for the body of customary law and conventional rules which are considered binding by civilized states in their intercourse with each other.”

2. By Alf Ross: – 

             Alf Rose defines the term international law as under: “International law is the body of legal rules binding upon states in their relations with one another.”

3. By Lawrence: –

           According to him, “international law is the rules which determines the conduct of the general body of civilized state in their mutual dealings.”



 Modern Definition: – 

                  International law has always been in a continuous state of change. In modern period the term International law may rightly be defined as under; “That body of legal rules which regulates the relationship of the Nation States with each other, as well as, their relationship with other International actors.” Beside the above definitions there are at least forty well definitions of international law.


What is International Law ? 

                International Law is a body of rules regarded by the nations of the world as binding on them in their relations with each other , in peace and war and comprises the rights and duties of sovereign States towards each other. In the words of Friedman, "International law is today actively and continuously concerned with such divergent and vital matters as human rights and crimes against humanity, the international control of nuclear energy Trade Organization, labour conventions, transport control or health regulations."


Functions of International Law : -


Some important functions of International Law are as under –

1.To maintain International peace and Security

2.To achieve international co-operation in solving international problems of an economic, social,
cultural and humanitarian character.

3.To settle international disputes by peaceful means

4.To refrain from threat or use of force by a state against the territorial integrity or political independent of any State

5.To provide right of self determination to peoples and

6.To provide fundamental freedom and human rights.


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