Its consists of the emergence of international law, Expalanation of international law, reason why it is a weak law, Father of International law, types of law, Formulation of treaties, Why international law is not a real law, Nature of international law, basis of international law , sources of international law, famous case of international law and current state of international law

1. INTERNATIONAL LAW
MS. ALAKNAN Aditi Chauhan
aditichauhanbw@gmail.com

2. INTERNATIONAL LAW IS NOT REAL
LAW
 According to Thomas Hobbes and John Austin law is command of
sovereign enforced by superior political authority.
 John Austin said that its just a positive International Morality.
JOHN AUSTIN THOMAS
HOBBES

3.  According to Thomas Erikson Holland and Jeremy Bentham International law
lacks effective legislative machinery, an executive machinery and potent
judiciary which is necessary for enforcement.
 Bentham used the term International law for the first time
JEREMY BENTHAM THOMAS ERIKSON

4. INTERNATIONAL LAW IS A REAL
LAW
 Hall and Lawrence :Law is followed and enforced and also derived from
custom and precedent law
 Frederick Pollock :For law to exist the only condition is It should be
recognized by the political community as binding them and International law
satisfies this condition.

5. FATHER OF INTERNATIONAL LAW
 Hugo Grotius divided law into segments
LAW
Positive Natural
Human Divine
Law of
nations
Civil or
municipal law
HUGO GROTIOUS

6. DEFINATION OF INTERNATIONAL
LAWProffesor L Oppenehiem- JL Brierly-Gray
Law of nations is the international law is the name of the body of customary and conventional
rules which are considered legally binding by the civilized states in their intercourse with each
other.(Limited definition ,No mention of UN or international organization)
Sir Robert Jennings and Sir arthur Watt
The above definition+ States are not only the subject matter of international law. International
Organizations to some extent and individuals may also be subject to international law.
Schwarzenberg
International law is the body of legal rules which apply between sovereign states and such
other entities as have been granted international entity recognization

7. NATURE OF INTERNATIONAL LAW
 Not as effective as municipal law
 International law is only binding on the states if the states agrees to it first otherwise not,
whereas municipal law will be implemented on anyone residing in that particular country.
 Absence of real powers for the courts at international level to enforce the decision,as all armies
and police are under countries.
 No codification
 Hence it is a weak law in nature.

8. BASIS OF INTERNATIONAL LAW
Naturalist theory :says there is a higher reason why the law is law(no man can judge his
case)
Postivisim theory: Positive law is made by humans. According to this international law can
be divided into 2 categories public and private. The former referring to states and latter to
individuals.
Consent theory: State consent is the method whereby states identify and acknowledge the
rules they consider binding on themselves
Auto limitation theory: Voluntary restriction of sovereign of states by giving the power to
international law
Fundamental rights theory:Man is entitled to basic rights. Right to life ,dignity etc.
Pacta sun Servanda: agreement must be kept.States should fulfil the obligations under
treaties

9. SOURCES OF INTERNATIONAL LAW
ICJ(international court of justice)
location: The Hague, Netherlands
operational: April 1946
Below are the sources that come under article 38
 International conventions
 International customs(uniform state practice , belief that practice is
obligatory)
 General principles of law recognized by civilized nations(eg pacta sunt
servanda, no man can judge his own case)
 Judicial decisions(art 59:no precedent value but judicial decision of muncipal
court can serve as evidence if nothing works)
 Equity and justice:when nothing works judges use good consciousness

10. CASE
LUTHER VS SAGOR 1921
 Luther was from UK but had a business of timber in Russia .
 In 1917 Russia nationalized all the Timber businesses ,therefore Luther had to come back to
UK.
 UK citizen Sagor orders timber from Russia. Luther then claims that the Timber is his and UK
has never recognized the government of Russia.
 If the government is not recognized its illegal.
 At that time Russia was declared De Facto.
 Luther claims that its recognised defacto now whereas his Timber was taken by him back then.
 The court then declares that De Facto recognition gives Retrospection effect hence its Russia’s
Timber as all the work done by government before are valid

11. CURRENT STATE OF INTERNATIONAL LAW
 There are international legislations created nowadays as treaties and conventions
 These legislations have binding force behind them
 States consider themselves bound by these legislations
 The international community and UN can act against violation of this legislation
 It’s a law that is stronger than past but yes weaker than municipal law till now

12. TREATY FORMULATION
 Appointment of the representative by the contracting state
 Negotiation and adoption
 Signatures
 Ratification
 Accession and adhesion
 Entry into force(date of ratification not signing)
 Registration and publication(cannot be represented in UN or other bodies
if not done)

13. THANK YOU
SUBMITTED BY :ADITI CHAUHAN(MBA-Engineer)