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Understanding International Law Basics

International law is a body of rules and principles that are binding on states in their relations with one another. There are several theories about the nature and source of international law. The command theory, which views international law as commands from a sovereign, has been discredited because there is no single sovereign over nations. The consensual theory sees international law deriving from state consent through treaties and customs, but many binding rules do not stem from consent. The natural law theory considered international law an application of reason to the nature of states, and some customary laws reflect natural law principles. International law is divided into public international law, governing state relations, and private international law, governing cross-border civil and commercial issues.

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9 views12 pages

Understanding International Law Basics

International law is a body of rules and principles that are binding on states in their relations with one another. There are several theories about the nature and source of international law. The command theory, which views international law as commands from a sovereign, has been discredited because there is no single sovereign over nations. The consensual theory sees international law deriving from state consent through treaties and customs, but many binding rules do not stem from consent. The natural law theory considered international law an application of reason to the nature of states, and some customary laws reflect natural law principles. International law is divided into public international law, governing state relations, and private international law, governing cross-border civil and commercial issues.

Uploaded by

Roselle Anne
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© All Rights Reserved
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Download as PPTX, PDF, TXT or read online on Scribd

NATURE OF

INTERNATIONAL
LAW
Chapter One
What is
International Law?
Traditional Definition of
International Law
It is a body of rules and principles of action
which are binding upon civilized states in their
relations to one another.
Definition of International Law by
Restatement (Third) of Foreign Relations
Law of the United States
The law which deals with the conduct of states and
international organizations and with their relations
inter se, as well as with some of their relations with
persons, whether natural or juridical.
Scope of
International Law
Theories about
International law
COMMAND THEORY
In the view of John Austin, a renowned legal philosopher,
law consists of commands originating from a sovereign and
backed up by threats of sanction if disobeyed. In this view,
international law is not law because it does not come
from a command of a sovereign. Neither treaties nor
custom come from a command of a sovereign. This theory,
however, has generally been discredited. The reality is
that nations see international law not as commands but as
principles for free and orderly interaction.
CONSENSUAL THEORY
Under this theory, international law derives its
binding force from the consent of states. Treaties
are an expression of consent. Likewise, custom, as
voluntary adherence to common practices, is seen as
expression of consent. In reality, however, there are
many binding rules which do not derive from consent.
NATURAL LAW THEORY
The natural law theory posits that law is derived by
reason from the nature of man International law is
said to be an application of natural reason to the
nature of the state-person. Although the theory
finds little support now, much of customary law and
what are regarded as generally accepted principles of
law are in fact an expression of what traditionally
was called natural law.
Private International
Law and Public
International Law
PUBLIC INTERNATIONAL
LAW
It governs the relationships between and among
states and also their relations with
international organizations and individual
persons.
PRIVATE INTERNATIONAL
LAW
It governs the relationships between and among
states and also their relations with
international organizations and individual
persons.

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