Difference B/W Private and Public International Law
Difference B/W Private and Public International Law
Difference B/W Private and Public International Law
TEJINDER SINGH
2013
ACKNOWLEDGEMENT
I have put my sincere efforts in this project. However, it would not have been possible without the kind support and help of many individuals and organizations. I would like to extend my sincere thanks to all of them. I am highly indebted to Dr Supreet for their guidance and constant supervision as well as for providing necessary information regarding the project & also for their support in completing the project. I would like to express my gratitude towards my parents, seniors and my classmates for their kind co-operation and encouragement which help me in completion of this project. My thanks and appreciations also go to my colleague in developing the project and people who have willingly helped me out with their abilities.
TEJINDER SINGH
TABLE OF CONTENTS
Acknowledgement ..................................................................................................................... 2 International Law ....................................................................................................................... 4 Introduction ............................................................................................................................ 4 Definition ................................................................................................................................ 4 Revised Definition ............................................................................................................... 4 Starkes Definition ............................................................................................................... 5 Types of International Law ..................................................................................................... 6 Public International Law...................................................................................................... 6 Private International Law .................................................................................................... 7 Public International Law & Private International Law ............................................................ 8 Difference Between Public International Law & Private International Law .......................... 9 Summary .................................................................................................................................. 10 Bibliography ............................................................................................................................. 11 Webography............................................................................................................................. 11
INTERNATIONAL LAW
INTRODUCTION
The expression International law and Law of Notions are synonymous and are equivalent terms. The former was introduced by Bentham in the year 1789. Most of the classical jurists laid down that International law regulate the relation of the States with one another, and they therefore have defined the term in this sense only.
DEFINITION
According to Oppenheim, International Law is the name for the body of customary and treaty rules which are considered legally binding by States in their intercourse with each other.1 The above definition contains three important elements. 1) International law consists of a body of rules governing the relations between the States. 2) States regard these rules as being binding on them in their relations with one another. 3) Such rules derive from custom and treaties. The above definition, however, is not adequate. It is subjected to many criticisms. So there came a revised definition.
REVISED DEFINITION
International law is the body of the rules which are legally binding on States in their inter course with each other. These rules are primarily those which govern the relation of States,
but States are not the only subjects of International Law, International organizations and, to some extent, also individuals may be subjects of rights conferred and duties imposed by International Law.
STARKES DEFINITION
According to him: International Law is 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 include 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. 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.2 International law is generally defined in either one of two ways. The International laws can either be referenced two by either the public International law or the private International laws. There are generally some similarities and differences between both of the types of International laws. Whether it is a public International law or a private International law, there has been a set agreement that has been devised by the involved decision makers in order to come to the terms and conditions of these International laws. It is important that these International laws that have been composed and agreed upon are
properly followed. The concepts behind the two main sectors of International law may be slightly different, but the bottom line is that these laws have to be adhered to.
institution is also responsible for many issues of citizenship that arise that pose an international conflict.
1) Public
International
Law
deals
1) Private
International
Law
deals
primarily with the States and to some extent with the individuals. 2) Rules of Public International Law are not part of the internal law of the State concerned. 3) It is applied uniformly to all the States. 4) It evolves largely through the consent of the States by means of customs and treaties. 5) It applies everywhere including mans activities in space and in respect of celestial bodies.
primarily with the individual of two States. 2) Rules are part of the internal law of the State concerned.
4) It
is
enacted
mainly
through
legislation enacted by the legislatures of different States. 5) It concerns mainly such matters between individuals as fall at the same time under the jurisdiction of two or more different States.
It is to be noted that presently distinction between Public International Law and Private International Law has been reduced because certain rules of Private International Law have become the rules of International Law as well. What is now termed private international law may also have the character of public international law. It is done mainly by the conclusion of
treaties.3 As long as they are not postulated by the rules of customary law, treaties or general principles of law recognized by civilized nations, they remain the rules of municipal law.
SUMMARY
These two sectors of International law are very important in maintaining international order. This eliminates a wide range of conflicts that could potentially arise as a result. As these International laws continue to strengthen, the state of world order continues to grow stronger.
BIBLIOGRAPHY
Dr. Agarwal, H. O., International Law & Human Rights, 17 Edition, Allahabad: Central Law Agency, 2010. KAPOOR, S.K., International Law & Human Rights, 12 Edition, Allahabad: Central Law Agency, 2003.
th th
WEBOGRAPHY
www.blindloop.com/index.php/.../5-private-public-international-law/ http://www.southasiaanalysis.org/%5Cpapers2%5Cpaper103.html