what is international law ? introduction of i law for css & pcs by tahir habib

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WHAT IS INTERNATIONAL LAW International law comprises of a set of rules that govern the international relations between sovereign states & between individuals of different states.

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Page 1: What is international law ? Introduction of I Law for CSS & PCS by Tahir Habib

WHAT IS INTERNATIONAL LAWInternational law comprises of a

set of rules that govern the international relations between

sovereign states & between individuals of different states.

Page 2: What is international law ? Introduction of I Law for CSS & PCS by Tahir Habib

The term international law has been defined in a variety of ways by

differentjurists. Some of the definitions may

be given as under:

Page 3: What is international law ? Introduction of I Law for CSS & PCS by Tahir Habib

Definition by Various Experts (Jurists):

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 nother.”

Page 4: What is international law ? Introduction of I Law for CSS & PCS by Tahir Habib

• 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.”

• 4. 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.”

Page 5: What is international law ? Introduction of I Law for CSS & PCS by Tahir Habib

Classification of I Law It can be classified into two domains i.e. public international law and private international laws.

1. PUBLIC I.LAW2. PRIVATE I.LAW

Page 6: What is international law ? Introduction of I Law for CSS & PCS by Tahir Habib

1: PUBLIC INTERNATIONAL LAW

It relates to the laws between states, and covers almost every aspect of inter-state activity, from the laws of the use of sea, outer space, carriage of goods, civil aviation, and postal services to the transfer of money.

Page 7: What is international law ? Introduction of I Law for CSS & PCS by Tahir Habib

PRIVATE INTERNATIONAL LAW

On the other hand, PRIVATE I.LAW , which is often dubbed as conflict of laws as well, concerns relationship between individuals of two different states; for instance, divorce issues and problems pertaining to trade between individuals of two different states.

Page 8: What is international law ? Introduction of I Law for CSS & PCS by Tahir Habib

SIGNIFICANCE OF I.LAW

International law is the vital mechanism without which an interdependent world can not function properly and with in the bounds of law. It does not only control the states by overseeing their conduct in relation with other states, like the law prohibiting the use of armed force to settle dispute, but also maintains laws regarding individuals (e.g. human rights).

Page 9: What is international law ? Introduction of I Law for CSS & PCS by Tahir Habib

International law covers a wide range of laws which include the following:

• • Refugee laws• • Narcotics/Drugs treaties• • Human trafficking• • Obscene publication• • World health treaties• • International trade development• • Agreement relating to independent guarantee and letter

of credit.• • Protocol on road signs and signals 1947• • Contract of carriage of goods by roads.

Page 10: What is international law ? Introduction of I Law for CSS & PCS by Tahir Habib

SCOPE OF I.LAW (IT’s Existance in PakistanAs far as the scope of international law in Pakistan is concerned, it is expanding with the passage of time. Pakistan is under an obligation to follow its international commitments arising out of any treaty, convention or international agreement, ratified by it.

Further, after having ratified a treaty, it is mandatory for Pakistan to incorporate it into domestic laws by enacting implementing legislations.

Page 11: What is international law ? Introduction of I Law for CSS & PCS by Tahir Habib

EXAMPLES…

• Dangerous Cargos Act and Maritime Zones Act, 1996 of Pakistan aim at translating its international obligations into the domestic laws. Similarly, United Nations

• Convention on Law of the Sea has been ratified by Pakistan and to ensure its enforcement, corresponding domestic legislation is required.

Page 12: What is international law ? Introduction of I Law for CSS & PCS by Tahir Habib

Importance of I.LAW in todays’s WorldKeeping in view the need of a stable and orderly international society, the relevance and pertinence of international law is all the more emphasized. In this age of globalization and an increased degree of interdependence between different countries of the world, international law can provide a viable regime to regulate intra state relations and activities. However, it is to be noted that international law has its limitations owing to concepts like state sovereignty - a sacred norm of international law. But recent developments in the arena of international law have proved that it can play a vital role in regulating international affairs through various treaties and conventions, which upon ratification, bind the state parties to observe the same.