What is International Law or Law of Nations?

What is the Constitutional Recognition of International Law?

What are the Examples of International Law?

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About the International Laws

As per Black’s Law Dictionary, International Law refers to laws governing and determining the rights of independent nations during war or peace times. As per Oppenheim, “Law of Nations or international law is the name for the body of customary and conventional rules which are considered legally binding by civilized States in their intercourse with each other.”

The case of Queen v. Keyn observed that the “law of nations is the collection of usages which civilized State have agreed to observe in their dealings with one another.”

Article 246 along with Entry 14 List I of the Constitution of India makes it very clear that the power of legislating upon international treaties rests solely with the Union Government. Article 253 of the Indian Constitution says the following-

Legislation for giving effect to international agreements notwithstanding anything in the foregoing provisions of this Chapter, Parliament has power to make any law for the whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country or countries or any decision made at any international conference, association or other body.

Law of the Sea is an example of international law. The mammoth policy provider in this domain is U.N. Conference held in Geneva in the year 1958 as well as the one held in 1960 in the same place. These conferences provided for different conventions like –

(i) Convention on the Territorial Sea and Contiguous Zone,

(ii) Convention on the High Seas,

(iii) Convention on Fishing, and

(iv) Convention on the Continental Shelf. As per United Nations guidelines, 12 nautical miles from the baseline of a coastal is regarded as the sovereign territory of that State.

Supreme Court in the case of Vishaka v. State of Rajasthan (w.r.t sexual harassment at workplaces) observed that-

In the absence of domestic law occupying a field, to formulate effective measures to check the evil of sexual harassment of working women at all work places, the contents of International Conventions and norms are significant for the purpose of interpretation of the guarantees provided by the Constitution. It was observed that any international convention not inconsistent with the fundamental rights and in harmony with its spirit must be read into these provisions to enlarge the meaning and content thereof, to promote the various constitutional guarantees and safeguards.

Many times the principles of international treaties and conferences are exercised through local enactments and legislations. For example, to uphold the principles of Convention on Cybercrime (Budapest Convention on Cybercrime/Budapest Convention), India enacted the Information Technology Act of 2000.

Supreme Court in the case of ‘A.P. Pollution Control Board v. Prof. M.V. Nayadu’ recognised the international customary rule of ‘precautionary principle’.