This Article is written by Ritika Sahni, an intern under Legal Vidhiya
INTRODUCTION
- What is International Law?
The term International Law usually refers to the Law which is Established up by the Custom or the Treaty and is usually Recognized by its Nation People as a Binding up of their Relationship with Each Other or in other words with One Another.
In simple terms, International Law is also known as the Public International Law or known as the Law of Nations which usually contains the Set of Rules, Norms & Standards as Well.
International Law also acts as a Binding Between the States. It establishes the Guidelines & Various Rules & Regulations setting up of Conceptual Framework for the States during the Time of War, Economic Problems, Inflation- Deflation Situations.
- What was the Main Aim of International Law?
The main Purpose of the Establishment of the International Law was to increase the Engagement of the Various Countries with it.
- It usually helps in the Maintenance of the Peace & Security among the Different States under the International Law.
- It also helps in the Maintenance of the Friendly Relations among the Members of the States.
- It helps in providing Humanitarian Rights to the People of the Existing Countries.
- It also helps in Solving out or sorting out the problems which are International through the process of International Cooperation.
- It helps in providing the Peaceful Methods to Set the International Disputes & providing it various Methods & Functions as well.
- Who Are the People who are Related to the Subjects of International Law?
It is stated that the Entities who have their own Legal Personality with their Own Rights & Duties under the International Legal System are subjected to International Law.
However, these Entities people are as follows:
- Individuals: The term Individuals usually refers to the Group of People who are the Common People of any State or any Country.They are also believed to be the Subject of International Law.
- International Organization: It usually refers to the Associates of the States, which is usually established up by the Treaty between the 2 or More States. International Organization too have their own Legal Personality & they are also being the Subject matter of the International Law.
- Multinational Companies: These are those Companies which usually Combine up with One Another and usually help in the formation of the Multinational Companies. These are usually Large MNC’s and Big Companies who combines and work with each other for the Huge Profit Maximization. They themselves operate their Corporate Entities in at least one or the Entry Country from the place where it was being Incorporated, so therefore these Multinational Companies are being Established up in More than One Nation. Example of these Multinational Companies are Mc Donalds, Dior, Pizza Hut etc. and Various other Brands as well.
- Branches of the International Law
There are mainly 2 Branches of the International Law which are named as:
- Jus Gentium
- Jus Inter Gentes
Jus Gentium usually refers to the ‘LAW OF NATIONS’ in the Latin Language. This usually refers to those Set of Rules which part those Portions of Law which are being governed up by the Relationship which is Mutually between the 2 Nations & they do not form any part of the Legal Code.
Jus Inter Gentes usually refers to the ‘LAW BETWEEN THE PEOPLE’.These are usually those Agreements & Treaties which are mutually being Accepted by Both the Parties and say Both the Countries. Basically, it is said to be the Mutual Agreement performed between the Countries & these Countries have no Objection against Each other.
WHICH CONDITIONS HAVE TO BE MET FOR AN INTERNATIONAL INTERVENTION TO TAKE PLACE?
- Advantages of International Law
There are many Advantages of the International Law which usually Favours the Countries in the Different manners. These ways are as follows:
- State’s Interest Protection: It can be said that the International Law has played a major role in Protecting the Interests of the Various States in which this Law was Valid, and it especially paid more attention to those States which had no Power to Protect their Own Rights. It usually helped those States in their Development & provided them with their own Rights & Powers.
Human Being Welfare: The International Law also helped in the Welfare of the People by helping them in getting of their Own Rights, providing them Justice, making them Educated of their Own Rights & also giving them Equality so that they can live with Dignity in their Own States without any Discrimination.
Unity & Strength: The International Law ensures that there is Unity maintained between the States and the Nations and no State should be separated up from one another, Avoidance of the Conflicts among each other, ensuring that Each State becomes the Backbone of the Other State. Example of this we can state that: As, we all know Global Warming is one of the Major Issue across each & every Country or say across the World. This impact of Global Warming will be truly faced up by Every State & Every Country. So, in the end each & every Country needs to come together to face this and overcome this Global Issue. For this Unity is being required to be maintained among Each Other.
- Types of International Law
As discussed above, the Concept of the International Law. Our International Law is being divided up into 3 major types which are as follows:
- Public International Law which usually means the Law which is being made to Serve the Public or in simple terms the Law made to Serve the Common Citizens of the State. It usually refers to the Set of Rules & Regulations which help in the Governance of the International Relations among the Different States & the International Institutions. Public International Law is usually applied to the Various International Organizations such as United Nation (UN) & also to the World Trade Organization (WTO).
- Private International Law is also referred to as the Conflict of Laws which usually deals with the Relationship between Private Citizens or the Private Entities from the Different States & Countries as well. Basically, Private International Law usually deals with matters which are mainly related to Legal Relations rather than matters which are related to Public International Law.
- Supranational Law is the Law which is related to a Situation under which the Nation or the State surrenders itself in front of the Court of their own Choice & their own Right to make the Certain Judicial Decisions as well. It will totally affect the Decisions which are being made up by the National Courts as well. It is totally different from the above two Laws which were Private as well as Public International Law.
So, here we have discussed about the Kinds of International Law in detailed manner.[1]
WHICH CONDITIONS HAVE TO BE MET FOR AN INTERNATIONAL INTERVENTION TO TAKE PLACE?
HUMANITARION INTERVENSION
The Term Humanitarian Intervention is part of the International Law. In simple terms, Humanitarian Intervention is a kind of Threat which is used by the Military Force of a Particular State across the Boders who are involved in the Violation of the Human Rights.
Basically, Violation of the Human Rights usually refers to the Situation when the Human Rights are being Misused, they are being Violated, or the State has not given the Permission Legally to use that Force.
Basically, Humanitarian Intervention involves the use of the Threat & Military Forces against those who are currently busy in exploiting Human Rights.
Humanitarian Intervention is that sense which senses that something wrong is going between the Internal Affairs & takes Strict Actions against it by sending of the Military Forces into the Territory that has committed some action against the Another State as well.
- The Most Important Question Arises Under What Circumstances Humanitarian Intervention is Being Allowed Under International Law.
The Answer to this Question is that- When the State Starts interfering in between the Political Affairs of another State by the mean of Invitation, or on a Request under this the Humanitarian Intervention can take place.
But it is said that any interference between the Political Affairs by the Mean of Invitation or on a Request is not considered as an Unlawful Act.
Interference of a State can never be Unlawful & because it is usually done for the purpose of Humanity across the People.
It totally becomes important that the 2 States should agree upon the Matter of the Intervention through a Treaty.
- 5 Major Steps or say 5 Major Components of the Intervention
Basically, the most important Steps or the Components which Humanitarian Intervention involves are the 5 A’s.
It usually refers to the:
- Ask usually refers to the taking up of permission from the Government or the Members of the Political Parties & then performing any task or any step. Without any permission performing any right against the State simply states to the Violation of the Human Rights. So, this thing should be kept in mind before going against any Military Force or the Government.
- Advice usually refers to taking the Advice from any Government Official & then performing that Current task. If any Individual feels to keep their point or ideas, they can put it in front of the Government Officials. The officials will check upon that idea and if they found it Effective, they can put it in their Force. But asking someone and then performing that work is totally important.
- Assess means before performing any task overlooking it 4-5 times and ensuring that it won’t affect the Human Rights of the People. Making those Rules & Regulations which is going to provide total Equality among the Common People. So, that those people can live it with Proper Peace. Before, framing of any policy it is very much mandatory that the Current Policy reaches all the Points & ensures Equality among the Members of the State.
- Assist means providing the Guidelines & helping the Members how to introduce the New Policy, providing them the Right way to Work so that they can’t perform any mistake and can easily reach their Goal and the Human Rights of the People are not affected Badly. Taking advice from the Government Officials or say from the Senior Members totally becomes Necessary.
- Arranging the very last step usually involves the Arrangement of Each Rule & Policy which they have established under their own guidelines & they are not going to affect the lives of the Common People. This will help in the Maintenance of the Equality & Peace among the Members as well as no Violation of the Humanitarian Rights against the Common People.
So, these are the Major or Main Components for the Humanitarian Intervention under the International Law.
- Types of Humanitarian Intervention
Basically, there are mainly 3 types of intervention which are most Relevant for Proper Functioning. These are as follows:
Enablement which usually refers to the Increasement or Reduction to the Barriers which usually helps in increasing the Capability.
Education which usually helps in Increasing the Knowledge & Understanding among the People.
Training providing the Right methods to develop their Skills & perform the Tasks Effectively.
- 12 Main Principles of the Humanitarian Intervention:
The 12 Main Principles of the Humanitarian Intervention are as follows:
- Respect
- Rapport
- Joining
- Compassion
- Cooperation
- Flexibility
- Utilization of Principle
- Safety Principle
- Generative Change
- Metaphoric Principle
- Goal Orientation
- Multi- Level Communication Skills[2]
WHICH CONDITIONS HAVE TO BE MET FOR AN INTERNATIONAL INTERVENTION TO TAKE PLACE?
CONCLUSION
Therefore, here we discussed what exactly the International Law means. We Discussed in detailed what exactly the International Law Stated: A Law, which consisted of the Norms, Standards & Rules as well Regulations for the Public.
This topic explained us how we can achieve the Legitimate Humanitarian Intervention in our upcoming future. The challenges are threefold which are as follows:
1. First, there are many occasions where the Humanitarian intervention should be undertaken, but is not. How, then, can the general willingness of potential interveners to undertake humanitarian intervention can be eventually increased?
2. Second, too often when the Most Legitimate Agent fails to act. How can we improve the likelihood of the most legitimate agent intervening?
3. Third, there is a significant need of Many Agents and Mechanisms of Humanitarian Intervention. How can these reforms be realized in General? It emphasized that Humanitarian Intervention is as important but is a Limited Part of Responsibility to be protected.
[1] https://blog.ipleaders.in
[2] Wkipedia.org
