Author: Omkar Abhijit Thosar, a student at Advocate Balasaheb Apte College of Law (ABACL)
Preface
International Law as outlined by Oppenheim is the name for the body of standard which are considered fairly shackling by States in their intercourse with one another.
The below description consists of three important rudiments:
International law consists of a body of regulations presiding the dealings between States. The tenure dealings signify the sanctioned intercourse which is maintained by States through their foreign services or office of foreign affairs.
Hence, it can be spoken that regulations of transnational law cover all aspects related to inter- state exertion be it trade, transnational dispatches, equipage of goods and passengers by air, etc.
The regulations of transnational law are deduced from covenants which are considered to be the primary source of transnational law.
The description given by Oppenheim is considered to be shy by some savants in the sense that it only considers States as the only units to whom international law applies.
Still, there are other non-state units too which are governed by the regulations of transnational law, similar as international Associations like United Nations.
Individualities are also governed by regulations of transnational law (Private International law specially) and thereby fall under the order of non-state units.
The description given by Sir Robert Jennings and Sir Arthur Watts addresses the below crunches:
Transnational law is the body of regulations which are fairly shackling on States in their intercourse with each other.
These regulations are primarily those which govern the dealings of States, but States aren’t the only subjects of International Law. Transnational associations and to some extent, also individualities.
The below description given by Sir Robert Jennings and Sir Arthur Watts covers the crunches of Oppenheim’s description well but it still restricts the non-state units to international associations and individualities only, thereby limiting the dimension of non-state units.
The regulations of transnational law are ever- changing in order to meet the requirements and demands of the world order.
The description given by Schwarzenberger considers the discretion of the international community as far as the widening the compass of non-state units is concerned.
His description: International law as the body of regulations which apply between autonomous States and similar other units as have been granted transnational personality.
The Proof
A lot of savants have disputed the status of international law. Some savants are of the opinion that international law isn’t a true law as its exclusively a law of regulations of conduct which have no real duty attached to them.
Other savants have a nonidentical standpoint stating that transnational law is indeed a true law and it must be regarded in the same sense as that of usual ordinances of a country that are shackling on individualities.
Hobbes, Bentham and Pufendorf were the major criticizers of transnational law since they were of the opinion that the regulations of transnational law weren’t fairly shackling on the States.
British scholar John Austin was the most loyal castigator of international law.
As per Austin, Law is a command legislated by a autonomous legislative administration which means any rule that isn’t legislated by similar autonomous administration can’t be regarded as law.
Command must be executed by the autonomous administration which means that if ordinances are transgressed there should be an acceptable permission behind it.
Austin was of the prospect that transnational law can’t be called a proper law in the true sense because it consists of opinions or sentiments current among countries usually.
It doesn’t have an autonomous legislative administration to legislate law. Also, there’s no enforcement division which can apply it as a body of regulations. Austin, thus called international law as positive transnational probity since it lacks a common and firm autonomous issuing orders.
Still Austin’s prospect with respect to international law was blamed by numerous savants on substantially two points:
Austin failed to take into reflection standard or verbal ordinances which were followed by communities since time old despite not being formulated by an autonomous legislative administration.
Ordinances are also observed because of inner probity which is distinct from duty.
Abstract
All countries are interdependent on one another for colorful coffers, technologies and other essential goods and services. Therefore, the exclusive world which comprises of all the countries can be inclusively appertained to as the international community.
Transnational law is a set of regulations primarily conforming of usages and covenants which regulates the conduct of ingredients of the international community.
The stakeholders of the international community follow and observe these regulations and thereby avouch their actuality in order to check their conduct.
These regulations of transnational law are rehearsed in the foreign services and other governmental organs of States as well as in international associations like United Nations, World Health Organization (WHO), etc.
The member States accept that they’re fairly bound by the regulations of transnational law and they don’t assert that they’re above international law or that transnational law doesn’t bind them.
Thousands of covenants are concluded between States on a regular base be it a bilateral or multinational covenants, but the cases of law breakings of the covenants by any countries are veritably many.
Regulations describing the impunity handed to the politic instrumentalities are usually observed. Other regulations of transnational law involving ordinances of conflict are also observed in utmost cases.
Corfu Channel Case
This case was filed before the International Court of Justice (ICJ) by United Kingdom against Albania.
In this case, the doctrine of innocent passage was stressed in the sentence of ICJ which allows non-native vessels to easily pass through the territorial ocean of States.
Conclusion
Transnational law is indeed a true law as it covers the following aspects that constitute a law.
Superior Authority:
International Organization like United Nations is the one which plays an administrative part with respect to the compliance of regulations of transnational law by the member nations.
Judicial Authority:
International Court of Justice serves as the judicial administration which entertains transnational controversies between States.
Still, even though international law is a true law it can be concluded that it’s a weak law at the same time since the judgements of the International Court of Justice are rendered toothless as it’s upon the States to accept it as shackling and the United Nations is set up to be defenseless in stopping the conflicts waged by important States.
FAQS
Is International a true law?
Ans. Yes, International law is indeed a true law as it fulfills the essential conditions of regulations to be considered as law.
