International Law: Definition, Principles, Rules, Forms

International law material is quite often discussed in the subject PPKN. Where there are several sub-discussions that you need to know such as understanding, principles, forms, rules, properties, examples, sources, and subjects.

It's not too difficult to understand this material, you just need to prepare a little space to remember this in the memory of the brain.

Definition

International law is a part of law that regulates the activities of entities on an international scale. At first it was only interpreted as behavior and relations between countries.

However, in the development of an increasingly complex pattern of international relations, this understanding then expanded so that the law International also deals with the structure and behavior of international organizations and to some extent, multinational corporations and individual.

Rules of International Law

So what's the rule? namely the law relating to international organizations and institutions that regulate relations with each other as well as relations with states and individuals.

Some rules of law relate to non-State individuals and entities to the extent that the rights and obligations of those individuals and non-State entities are important to international citizens.

Principles of International Law

The principles that exist in establishing relations between nations:

1. Territorial Principle

It is a principle based on the power of a State over its territory or territory. A country can enforce the law for every person or thing that is in its territory.

However, for every person or thing that is outside its territory, foreign law or full international law will apply.

This means that the law of a region only applies within that region, whereas if it is outside the area a different law will be applied, in this case it means the Law International.

2. National Principles

It is a principle imposed by the State for every citizen of its country.

This means that every citizen, wherever he is, such as in a foreign country, will still receive legal treatment in force in his country of origin.

For example, if someone commits a criminal or criminal act in a foreign country, he will still be subject to the law of the country where he came from. Because this principle has extraterritorial power.

3. Principle of Public Interest

It is a principle based on the authority of the state to protect and regulate interests in people's lives.

In this case the state can adapt to all circumstances and events related to the public interest, so the law is not bound by the boundaries of a country.

In the implementation of international law as part of international relations, it is known that there are several legal principles, including:

1. PACTA SUNT SERVANDA: the legal principle which states that every agreement becomes binding law for the parties to the agreement. This is contained in article 26 of the 1969 WINA Convention.
2. EQUALITY RIGHTS: i.e. countries that have relations or which have mutual relations have the same position under the law.
3. RECIPROSITY /The Principle of Reciprocity: an action that can be recompensed by a country against another country, both actions that have a negative or positive nature.
4. COURTESY: This means that each country concerned must respect each other and maintain the honor of each other.
5. SIC STANTIBUS REBUS: Asas which serves to decide an agreement unilaterally if there are changes that fundamental/fundamental in circumstances relating to international agreements that have been agreed.

Forms of International Law

There are several forms of embodiment or development patterns that specifically apply in a certain part of the world regarding this law, namely:

Regional International Law

This form is only valid/limited to the area of ​​the environment in which it applies.

An example is American/Latin American International Law, namely the concept of the continental shelf (Continental Shelf) and the concept of protecting marine biodiversity (conservation of the living resources of the sea) which originally grew in the Americas so that it became General International law.

Special International Law

International law in the form of rules that specifically apply to certain countries such as the European Convention on Human Rights as a reflection of the different circumstances, needs, levels of development and levels of integrity of the different sections of society different.

The difference between the two lies in their growth. The "regional" grows through customary law, while the "special" grows through multilateral international agreements.

International Law Subject

1. Country
2. Individual
3. Holy See / Vatican
4. International Red Cross
5. International Organization

Some experts state that rebels are also part of the subject of international law.

International Law Resources

Sources of law can be divided into 2 parts, namely:

1. Material law sources, namely everything that discusses the basis for the enactment of the law of a country.
2. Source of formal law, namely the source from which we get or find the provisions of international law.

According to Article 38 of the Charter of the International Court of Justice, formal legal sources consist of:

• International Agreements (Tacts).
• International customs that are proven in general practice and accepted as law.
• General principles of law recognized by civilized countries.
• Jurisprudence, namely decisions of international law judges that already have permanent legal force.
• Doctrine, namely the opinion of experts in international law.

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