Overview
In the long march of humankind from the cave to the computer. The idea of law has always played a central role – the idea that order is necessary and chaos inimical to a just and stable existence. Whether it be large or small, powerful or weak. It has created for itself a framework of principles within which to develop. What can be done, what cannot be done, permissible acts, forbidden acts have all been spelt out within the consciousness of that community. Progress, with its inexplicable leaps and bounds. It has always been based upon the group as men and women combine to pursue commonly accepted goals. Whether these be hunting animals, growing food or simply making money.
Element
Law is that element that binds the community members together in their adherence to recognized values and standards. It is both permissive in allowing individuals to establish their legal relations with rights and duties. As in creating contracts and coercive, as it punishes those who infringe its regulations. Law consists of a series of rules regulating behavior and reflecting, to some extent, the ideas and preoccupations of the society within which it functions.
And so it is with what is termed international law, with the critical difference that the principal subjects of international law are nation-states, not individual citizens. There are many contrasts between the law within a country (municipal law). The law that operates outside and between states, international organizations and, in some instances, individuals.
Conflict of Laws
International law is divided into the conflict of laws (or private international law as it is sometimes called) and public international law (usually just termed international law). The former deals with those cases within particular legal systems in which foreign elements obtrude, raising questions about the application of foreign law or the role of foreign courts.
For example, if two Englishmen make a contract in France to sell goods situated in Paris. An English court would apply French law regarding the validity of that contract. By contrast, public international law is not simply an adjunct of a legal order but a separate system altogether, three and it is this field that will be considered in this book.
Public International Law
Public law covers relations between states in all their myriad forms. From war to satellites, and regulates the operations of the many international institutions. It may be universal or general, in which case the stipulated rules bind all the states . Whereby a group of conditions linked geographically or ideologically may recognize special rules applying only to them, for example, the practice of diplomatic asylum that has developed to its greatest extent in Latin America.
The rules of international law must be distinguished from what is called international comity. Or practices such as saluting the flags of foreign warships at sea. Which are implemented solely through courtesy and are not regarded as legally binding. Similarly, confusing international law with international morality must be avoided. While they may meet at specific points, the former discipline is legal regarding its content and form. While the concept of international morality is a branch of ethics. However, this does not mean that law can be divorced from its values.
Author : Dwayne Smith ( Law Assignment Help Expert UK )
