International Law: Definition and Types

International Law is composed of the laws, rules, and principles of general application that deal with the conduct of nation-states and international organizations among themselves as well as the relationships between nation-states and international organizations with persons, whether natural or juridical.

I. 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. 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. 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. Lawrence

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

4. J.G. Starke

He defines International Law:

"That body of law which is composed for its greater part of the principles and rules of conduct which States feel themselves bound to observe, and therefore, do commonly observe in their relations with each other, and which includes also:

(a) the rules of law relating to the functioning of international institutions or organizations, their relations with each other, and their relations with States and individuals; and

(b) certain rules of law relating to individuals and non-State entities so far as the rights or duties of such individuals and non-State entities are the concern of the international community."

Modern Definition

International law has always been in a continuous state of change. In the 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.”

Besides the above definitions, there are at least forty well definitions of international law.

II. Major Kinds of International Law

There are following two major kinds of international law – Private International Law, and Public International Law.

1. Private International Law

The term private International law may be defined as under: “That branch of International law which determines that which law is to be applied to a specific case containing a foreign element is called Private International law.”

Explanation: – From the above definition it is evident that private international law is to regulate those cases where a foreign element involves in the matter and the difficulty arose that which law shall be applicable to the case, in other words when it becomes difficult for a domestic court that the law of which state shall be applicable to a certain case because the case contains an element of a foreign state/states law. In such a case private international law comes to help because it determines which law shall be applicable to a certain case.

2. Public International Law

The term Public International Law may be defined as under: “A body of legal rules which regulates the relation of states inter se as well as their relations with other non-state entities is said to be Public International law.”

Explanation: – From the above definition, it can be concluded that Public International Law is a set of legal rules that regulates not only the relations between Nation-States but also their interactions with non-state entities. In other words, it is a body of rules which regulates the relationship of the international actors with each other.

These international actors may be given as under:

1. States
2. Individuals
3. NGO’s
4. IGO’s
5. Multi-National Corporations and Movements.

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1. International Law