What We Mean by International Law

Globalization and technological progress have made international law very important. International law is a set of rules binding between countries and aimed at ensuring security and peace among different nations. The object of the question of international law is not only the nation/state, but can also be an individual. In addition, it emerged from a number of sources codified in Article 38 of the ICJ Statute, according to which customs, treaties and general principles are to be regarded as the source of international law. International law exists to maintain world order and peace, settle various disputes between different nations/states and individuals, and guarantee fundamental rights. However, there are still various shortcomings due to which international relations suffer. Both realist theory and fictitious theory have an extreme course of opinion, but according to functional theory, neither the state nor individuals are the only subjects. Both are considered subjects of modern international law, as they both have recognized rights, duties and duties. Along with them, several other entities, such as the African Union, have been accepted as subjects of international law. The developments of the 17th century reached their climax with the conclusion of the “Peace of Westphalia” in 1648, considered a revolutionary event in international law. The resulting “Westphalian sovereignty” established the current international legal order, characterized by independent sovereign entities, called “nation-states”, which are equal regardless of their size and power, defined above all by the inviolability of borders and non-interference in the internal affairs of sovereign states. From that point on, the concept of the sovereign nation-state developed rapidly and, with it, the development of complex relationships that required predictable and widely accepted rules and guidelines.

The idea of nationalism, in which people began to see themselves as citizens of a particular group with a distinct national identity, further solidified the concept and formation of nation-states. The principal judicial organ of the United Nations is the International Court of Justice (ICJ). This principal organ of the United Nations settles disputes submitted to it by States in accordance with international law. It also advises on legal questions referred to it by authorized United Nations bodies and specialized agencies. Read Ireland`s statements on specific issues of international law In disputes over the precise meaning and application of national law, it is for the courts to decide the meaning of the law. Under international law, interpretation falls within the competence of the States concerned, but may also, by virtue of treaty provisions or with the consent of the parties, be delegated to judicial bodies such as the International Court of Justice. Thus, while it is generally the responsibility of States to interpret the law themselves, diplomatic processes and the availability of supranational judicial bodies regularly provide assistance to that end. International treaties, moral and state practices and judicial decisions are important sources of international law. “If legislation is the enactment of laws by a person or assembly that binds the whole community, there is no international law.

Because contracts only bind those who sign them. At the same time, in the Islamic world, foreign relations were divided into three categories on the basis of world division: dar al-Islam (territory of Islam), where Islamic law prevailed; Dar al-Sulh (treaty territory), non-Islamic empires that have signed a truce with a Muslim government; and Dar al-Harb (war zone), non-Islamic countries whose leaders are called upon to embrace Islam. [16] [17] Under the beginning of the seventh-century caliphate, Islamic legal principles on military conduct and the treatment of prisoners of war served as a precursor to modern international humanitarian law. Islamic law at the time institutionalized humanitarian restrictions on military behavior, including attempts to limit the severity of war, guidelines for cessation of hostilities, distinction between civilians and combatants, prevention of unnecessary destruction, and care for the sick and wounded. [18] Among the many requirements for how POWs were to be treated were the provision of shelter, food, and clothing, respect for their cultures, and the prevention of execution, rape, or acts of revenge. Some of these principles have only been codified in modern times in Western international law. [19] International law sets the rules for issues that affect all humanity: environment, oceans, human rights, international trade, etc. Various international bodies apply these rules.

For example, the International Criminal Court investigates and hears cases of persons accused of war crimes or crimes against humanity. While in domestic politics the struggle for power is determined and limited by law, in international politics the law is governed and limited by the struggle for power. (This is why) international politics is called power politics. War is the only means by which States can ultimately defend vital interests. The causes of war are inherent in power politics. International law defines the framework and criteria for identifying states as key actors in the international legal system. Since the existence of a State presupposes control and jurisdiction over territories, international law deals with the acquisition of territory, the immunity of States and the legal responsibility of States for their conduct among themselves. International law treats the treatment of individuals within the borders of States in the same way. There is therefore a comprehensive regime that deals with collective rights, the treatment of aliens, refugee rights, international crimes, nationality issues and human rights in general.

It also includes the important functions of the maintenance of international peace and security, arms control, the peaceful settlement of disputes and the regulation of the use of force in international relations. Although the law is not able to prevent the outbreak of war, it has developed principles to regulate the conduct of hostilities and the treatment of prisoners. International law is also used to regulate issues related to the global environment, global commons such as international waters and outer space, global communications and global trade. “International law” concerns relations between nations. These include standards of international conduct, maritime law, economic law, diplomatic law, environmental law, human rights law and humanitarian law. Some principles of international law are written or “codified” in a number of treaties, while others are not written anywhere. These are known as “customary laws,” and nations accept them by doing nothing. In the past, however, states were the only subjects of international law, but with the increase in the scope of international law, many other entities received as the international personality mentioned above. The question now arises as to whether they can be treated as subjects of international law and, if they are granted international personality, according to what criteria their qualification as subjects of international law is determined. So there are different theories to determine the same thing. The most important of these are: International legal theory encompasses a variety of theoretical and methodological approaches used to explain, analyze and propose improvements to the content, formation and effectiveness of international law and institutions.

Some approaches focus on the issue of compliance: why do states follow international standards when there is no coercive power to ensure compliance? Other approaches focus on the problem of international rule-making: why do states voluntarily adopt international norms that restrict their freedom of action in the absence of global legislation? while other perspectives are policy-oriented: they develop theoretical frameworks and tools to critique existing standards and make suggestions on how they can be improved. Some of these approaches are based on national legal theory, others are interdisciplinary and others have been developed specifically to analyse international law. The classical approaches to international legal theory are natural law, the eclectic and positivist legal school of thought. It is the idea that the state comes first and cannot be subject to the rules and regulations of other states.