No universal definition because still evolving

General definitions
"International law is the body of legal rules, norms, and standards that apply between sovereign
states and other entities that are legally recognized as international actors."

International law is that body of law which is composed of the principles

and rules of conduct which states feel bound to and do observe in their
relations to each other. It also includes rules of law relating to the function of
international institutions or organizing their relations with each other and the
states and to the individuals as well as certain rules of law relating to
individuals and non-state entities in so far as the rights and duties of such
individuals and non-state entities are the concern of the international
communities.

The Law of War and Peace - 1625, Grotius - founded the modern discipline of
the law of nations . Jeremy Bentham - coined the term International Law
1. Classical Definitions:
Some classical definitions by prominent scholars are given below that don't meet with modern
trends of international law
Bentham: International law is a collection of rules governing relations between states.
Oppenheim: Law of nations or international law is the name for the body of customary and
conventional rules which are considered legally binding by the civilized states in their
intercourse with each other.

2. Modern Definitions:
The earlier definition was that international law is a system of law that regulates the activity of
states. However, this is not a modern definition because international law does not confine
itself to States. Therefore, modern definitions for international law have been introduced. For
example,
Prof. J. G. Starke has stated that: International law consists of a system of laws, the
majority of which applies to states but also regulates activities of individuals and international
organizations when it becomes the concern for the international community.
Schwarzen Berger: International law is body of legal rules which apply between sovereign
states and such entities which have been granted international legal personality.

2. Main Divisions of IL
Laws of War Laws of Peace Laws of Neutrality

Historical evolution nature

Why do need a system of I.L?
regulates conduct acceptance by States (if law is codified it poses the fact that States will
conform to "binding rules") produces actions which are "unlawful/illegal" rather than
"immoral" - more objective than subjective encourages co-operation among States
facilitates joint responses to illegal actions influences options taken by States for action
allows for imposition of "western value"? - certain standards in Human Rights that are universal
norms.
International law is the vital mechanism without which an interdependent world cannot function
properly and within the bounds of law. It does not only control the states by overseeing their conduct
in relation with other states, like the law prohibiting the use of armed force to settle dispute, but also
maintains laws regarding individuals (e.g. human rights).

Furthermore, international law is intrinsically bound up with diplomacy, politics and conduct of foreign
affairs; it is not, at all, based on an adversarial system of law, meaning thereby that many of the rules
have been evolved from the practice of the states and do not bind the states in any course, which
tends to make international law more flexible. Also, international law leaves a state with so many
options rather than with merely one course of action, which serves as an advantage for a system so
bound up with politics and diplomacy

Global Scope of International Law:

According to Bentham's classic definition, international law is a collection of rules governing relations
between states. It is a mark of how far international law has evolved that this original definition omits
individuals and international organizationstwo of the most dynamic and vital elements of modern
international law. Furthermore, it is no longer accurate to view international law as simply a collection
of rules; rather, it is a rapidly developing complex of rules and influentialthough not directly binding
principles, practices, and assertions coupled with increasingly sophisticated structures and
processes. In its broadest sense, international law provides normative guidelines as well as methods,
mechanisms, and a common conceptual language to international actorsi.e., primarily sovereign
states but also increasingly international organizations and some individuals. The range of subjects
and actors directly concerned with international law has widened considerably, moving beyond the
classical questions of war, peace, and diplomacy to include human rights, economic and trade issues,
space law, and international organizations. Although international law is a legal order and not an
ethical one, it has been influenced significantly by ethical principles and concerns, particularly in the
sphere of human rights.

Above all, international law covers a wide range of laws which include the following:
Refugee laws
Narcotics/Drugs treaties
Human trafficking
Obscene publication
World health treaties
International trade development
Agreement relating to independent guarantee and letter of credit.
Protocol on road signs and signals 1947
Contract of carriage of goods by roads.

Scope of International Law in Pakistan:

As far as the scope of international law in Pakistan is concerned, it is expanding with the passage of
time. Pakistan is under an obligation to follow its international commitments arising out of any treaty,
convention or international agreement, ratified by it. Further, after having ratified a treaty, it is
mandatory for Pakistan to incorporate it into domestic laws by enacting implementing legislations. For
instance, Dangerous Cargos Act and Maritime Zones Act, 1996 of Pakistan aim at translating its
international obligations into the domestic laws. Similarly, United Nations Convention on Law of the
Sea has been ratified by Pakistan and to ensure its enforcement, corresponding domestic legislation is
required.

WHY DO STATES OBEY INTERNATIONAL LAW?

Even though international law does not have the coercive enforcement processes available
to domestic law, it is in the interests of most States to ensure stability and predictability in
their relations with other States. By complying with their obligations, they help to ensure
that other States comply with theirs. Aside from this mutual benefit, it is in every States
interests to abide by the rule of law applying to areas such as use of the sea and ocean
resources and environmental protection.
In a field like human rights, States may uphold international law principles, even where there
is no direct national interest, because they recognise the need to protect common and
universal human values.
Disciplines of International Law:
The term "international law" can refer to three distinct legal disciplines:

Public International Law, which governs the relationship between provinces and international
entities. It includes these legal fields: treaty law, law of sea, international criminal law, the laws of war
or international humanitarian law and international human rights law.
Private International Law, or conflict of laws, which addresses the questions of
(1) which jurisdiction may hear a case, and
(2) the law concerning which jurisdiction applies to the issues in the case.
Supranational Law or the law of supranational organizations, which concerns regional agreements
where the laws of nation states may be held inapplicable when conflicting with a supranational legal
system when that nation has a treaty obligation to a supranational collective.

As to Consent:
Public international law based on the consent of the state.
Private international law is not based on the consent of the states

As to Object:
o Public international law regulates relationship of states inter se and determines rights and duties of
the subject states at international sphere.
o Private international law determines as to which law will apply of two conflicting in a particular case
having foreign element.

3.As to Conflict of Laws:

o Public international law does not involve in conflicts of laws.
o Private international law involves in the conflicts of laws.

3. As to Nature:
Public international is same for all the states.
Private international may be different in various states.
5. As to Sources:
o Public international law has its sources in treaties, custom etc. etc.
o Private international law has its sources in the legislation of the individual state to which the
litigant belongs.
6. As to Application:
o Public international law applicable to criminal as well as civil cases.
o Private international law is applicable to civil cases only, which present themselves for
accession of courts of the state.
7. As to Subject:
Public international law deals with the states.
Private international law deals with the individuals

8. As to Municipal Law:
Public international law is not part of municipal law.
9. As to Jurisdiction:
Public international law does not involves determination on the question of determination.
Private international law determines court which will have jurisdiction to decided issue in
question.
10. As to Scope:
o Public international law has wider scope. it is of universe character.
o Private international law has lessor scope.

Is it real law search

modern theories as to the nature and role of international law

Positive Law and Natural Law

one of the most controversial issues that has long been debated and discussed and on
which the opinions of the jurists are sharply divided

Austins View
 According to austin, international law is not legally binding on states.Law is the command of the
sovereign attended by sanction in case
of violation of the command. In the other words, law should be limited tor u l e s o f c o n d u c t e n a c t e d
b y d e t e r m i n a t e l e g i s l a t i v e a u t h o r i t y a n d enforced by physical sanction.
the superior according to him is the real sovereign. The defnition contains two important elements.
firstly, law iscommand enacted by the sovereign legislative authorit y i.e., any rulewhich is
not enacted by sovereign or superior cannot be regarded as law.
secondly, it must be enforced by the sovereign authority i.e., if laws are violated, there should be
adequate sanction behind it.
Logically, if the rules concerned did not in ultimate analysis issue form a sovereign authority, which
was politically superior, or if there were no sovereign authority, then the rules could not be legal
rules, but rules of m o r a l o r e t h i c a l v a l i d i t y o n l y .

Austin concluded that international law was not true law but international positive
morality& only analogous to the rules binding a club or society

However, Oppenheim disagree with this view of International Law. In the International
Law there is c o m m u n i t y w h i c h m a y b e c a l l e d a s f a m i l y o f
n a t i o n s . T h e r e are body of rules in the form of customs, conventions, agreements etc., but
only enforcing authority is absent in International Law. For this reason, we should not dismiss
International Law as not law at al1.
1. There must be a community, 2. Rules regulating human conduct within the
community, 3. These rules are enforced by the external
l a w . All these three conditions are present in the International L a w