What is international law and what are its elements? INTERNATIONAL LAW FIRM

Law is according to man, therefore law cannot be imposed on man. Is necessary for development. International law is also one of them.

Many writers have written different things regarding international law. In the modern era, the intensity of international law has also increased. Today it’s about the rules The group is no longer a mere group but today it plays an important role in the development of the society.

It applies to 2 or more countries, it applies equally to social generations and everyone has to follow it. This became necessary after the Second World War.

This is a set of rules that apply to the international countries that come under it, it is also called international law. This is synonymous with Rasto’s law. You can understand its meaning only when we read its definition.

Mayank McDougall has written that –

International law is not just a set of rules but also has the ability to use those rules through agency.

Dilfred said that –

International law is not a law governing states. Apart from this, there is much more involved in it. Regulation of relations between states is one of those functions.



Bentham has given its definition as follows-

International law is a set of rules that applies equally to two or more countries and applies equally in times of peace and war.

This is a set of rules which are binding on all states in the form of rules made at the time of treaty. And all the states follow it.

In the words of Huyj-

International law is a set of principles that civilized states implement together. This law depends on the rules of the states exercising supremacy. INTERNATIONAL LAW FIRM

Nowadays the traditional definition of international law has become extinct. The definition does not help in understanding the qualities, nature etc. of international law. It is known that the individual concept of law is being replaced by the social concept. Today’s international law is not only law but also It is taking a political, social and fundamental form.

In view of this change, such a definition should also be described which is leading to change and development. Which survives and develops international law.

According to Edward Kallis-

International law is a constantly evolving set of rules that international members use to maintain mutual relations. It provides rights to the states and the persons related to them.

Essential elements of international law –

Following are the essential elements of international law.

Different scholars have different opinions in this also. According to some, international law is law, according to some it is not law. It is necessary to have this quality in law. And

The following elements are found in this law.

Behaviors and behavior found among all countries

customs and traditions

agreements between different countries

To understand the elements in this, it is first necessary to know the rules and regulations well.

The term law as international law creates confusion because it is a set of rules and not a law. Rules are made so that the conduct of individuals in the society can be controlled. These rules are also of many types. And in some places these rules are more binding than the law. INTERNATIONAL LAW FIRM

A person who follows religion cannot act against religion. And when a practice continues for a long time, it becomes a tradition. And this public opinion is received.

Law is the power which is binding by the state. And whoever violates this rule is punished. International law is disregarded in the same way as civil law.

Austin believed that the elements which should be there in international law are not there in it. Therefore, it is not a law but merely a set of rules. It is not binding.

Any law will be considered a law only when it is necessary to have an institution to appoint it. Because it does not have both these qualities, hence it is not a law but merely the power of rules.

Some scholars said that this is a different law and it is different from the law. It is not a law. Austin mainly believed that it is a set of moral values ​​and not a law.

This is a weak law because now the rule of conduct is gradually disappearing. And it keeps changing with time. Therefore this is not a law.

Customs and traditions are also changing with time. Earlier women did not do jobs, yet they were called mistresses. Men used to hand over all their wealth to them, today women are doing jobs and their rights are decreasing. From the society’s point of view, women have become empowered but today the condition of women is pathetic, where they used to be revered. This thinking and behavior is changing according to customs, hence it is not a law.

If there is a dispute between several countries, there is no official power that can give a decision. Acts as international law advisor. This is a weak law.

International law is an illusion. There is no independent institution among independent states which is binding on any country, hence it is a law of illusion. INTERNATIONAL LAW FIRM

Adhering to international law depends on the will of the states. If a country makes an agreement, it does so for its own interest. There is no power that can force them to follow the law. Therefore, it is not right to call international law a law, rather it can be a theory of rules.

Thus, we have tried our best to explain international law to you through this post. If there is any mistake or you want to add something more in it or you have any suggestion related to it, then please inform us.