PUBLIC INTERNATIONAL
LAW: DEFINITION, BASIS,
FUNCTIONS AND NATURE
INTRODUCTION
In this presentation, we will explore the concept of public
international law, also known as the law of nations. We will
discuss its definition, nature, basis, and functions. Public
international law plays a crucial role in maintaining order
and cooperation between countries in a globalized world.
What is Public International Law?
Public international law is a distinct body of law that applies
to sovereign states. It is not part of any national legal
system and is based on the consent of states. Public
international law establishes a framework for peaceful
coexistence and cooperation between countries. It
addresses a wide range of issues that impact the
international community, including trade agreements, border
disputes, human rights violations, and environmental
concerns.
Nature of Public International Law
Public international law is decentralized, meaning there is no world
government or legislature to create or enforce laws. Instead, it relies
on states to comply with their obligations under international law.
Public international law is rule-based, meaning it is based on a set
of established rules and principles found in treaties, customary
international law, and general principles of law recognized by
civilized nations. Finally, public international law is consent-based.
States are only bound by the rules of public international law that
they have agreed to, either through treaties or by accepting
customary international law.
Basis of Public International Law
There are three main sources of public international law: treaties, customary
international law, and general principles of law. Treaties are agreements
between states that create legally binding obligations. Treaties can address a
wide range of issues, such as trade, investment, human rights, and
environmental protection. Customary international law is unwritten law that
arises from the general and consistent practice of states followed out of a sense
of legal obligation. To be considered customary international law, the practice
must be widespread, consistent, and followed out of a sense of legal obligation.
General principles of law are subsidiary sources of public international law that
are applied by international tribunals in the absence of a treaty or customary
international law rule. These principles are derived from national legal systems
but are recognized as common to most legal systems.
Functions of Public International Law
Public international law serves several important functions in the
international community. First, it promotes peaceful coexistence
between states by providing a framework for resolving disputes
peacefully through diplomatic channels, negotiation, mediation, or
arbitration. Second, public international law encourages cooperation
between states on issues of common concern, such as global
health, climate change, and terrorism. Third, public international law
protects fundamental rights by establishing minimum standards for
the treatment of individuals by their own governments. Fourth, public
international law promotes international order by maintaining a
stable and predictable international environment.
CONCLUSION
• Public international law is a vital tool for maintaining order
and cooperation in the international arena.
• It provides a framework for peaceful coexistence,
promotes cooperation, protects fundamental rights, and
maintains international order.
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