Money Recovery Matters
International law, popularly called public international law or the law of nations, is enshrined in the form of various conventions, treaties, standards, and covenants. These treaties and conventions together govern the interrelations of the sovereign states. The term was coined by the English philosopher Jeremy Bentham (1748 -1832) which is a collection of rules and norms governing relations between States.
There are many international organizations such as the United Nations, World Trade Organization, World Health Organization, Common Wealth Organization, etc., who play a major role in inviting states to agree on basic standards of international conduct. Upon mutual agreement, the States are under an obligation to implement domestic legislation in order to comply with international principles they agree upon. International law all the whole is an independent system of law that exists exclusive to the legal system of particular States.
Public international law is a system that finds its applicability by way of reciprocity or with a sense of self-interest of the various sovereign States. States that violate international rules suffer a decline in their credibility and may prejudice them in maintaining future relations with other States.
Source OF Internation Law
1. Treaties
Treaties are the written instruments in which the Sovereign States agree to adhere to the terms so negotiated. Treaties are known by various terms such as conventions, agreements, pacts, general acts, charters, covenants, etc. Treaties may be bilateral or multilateral in nature. Treaty to be binding on the State it must be signed as well as ratified by the State.
2. Custom
International customs having general practice over a prolonged period of time have been accepted as law as a second source of international law. Custom, in order to be accepted as International Law, must possess two fundamental elements: the actual practice of states over a period of time and the acceptance of the same as law by the states. The actual practice of states in order to have that binding nature must have gone through various elements such as the duration, consistency, repetition, and generality of a particular kind of behaviour by states.
3. General Principles of Law
The third source of international law has been identified by the Statute of the International Court of Justice is “the general principles of law recognized by civilized nations.” These principles are those which are not subject to any treaty or custom. But at the same time, they do provide a mechanism to address and resolve international issues. Perhaps the most important principles of international law are good faith and equity.
4. Other Sources (like judicial decisions and scholarly writing)
Article 38 (1) of the ICJ’s statute has also recognized judicial decisions and scholarly writings as the subsidiary means for the determination of the law. Both municipal and international judicial decisions can serve to establish new principles and rules governing the relations of the world community.
Services Offered By Vishwaguru Legal
1. Vetting and drafting international agreements.
2. Refuge and Asylum related matters.
3. Matters relating to Extradition.
4. Execution of Foreign Arbitral awards.
5. Execution of orders passed by the Indian Courts in a foreign land.
6. Cross-border corporate disputes.
7. Cross-border mergers and acquisitions.
8. Online gambling.
9. Foreign Direct Investment