International law is a body of rules which binds states with one another. International law was derived by Bentham in 1789. It is also known as Law of nation and also known as Transnational Law ( denoted by Philip Nelson) or common law of mankind denoted by C. W. Jenks.
Wani to know that the father of international law is Hugo Grotius whose work contributed to the development of International law.
His work was – Mare Liberum (1609) and second one was Law in war and peace ( 1625)
The subjects of International law are –
- Realistic Theory
- Frictional Theory
- Functional Theory
Realistic Theory
Realistic Theory means States (Nations) are the only subject matter of International Law. In another word, one can say that International law only deals with states and not individuals.
Frictional Theory
Frictional Theory is given by Nelson & Westlake, it means Individuals are only the subject matter of International Law. In another word, one can say that International law only deals with private individuals and not states.
Functional Theory
This is the most effective one as anyone having an International personality becomes the subject matter of International law. In another word, one can say that International law deals with both States and individuals.
The International law is further divided into two –
- Public International Law
- Private International Law
Public International Law
Public International Law is universally applicable on all states and it primarily deals with states and to some extent with individuals. For instance – Humanitarian law is universally applicable in all states.
Private International Law
Private International law is not universally applicable but it is a law evolved to avoid conflicts due to municipal laws of different states. It however primarily deals with individuals of two states. It is a part of internal law of states due to which conflicts arise and as a result of which Private International law is also known as Conflict of law.
