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The Concept of International Law

It is an indisputable fact that international law is a victim of definitional pluralism; this is because many scholarly definitions have been given to it by various scholars of repute from different perspectives. Some of these definitions will be explored for the purpose of this study.

Khan et al (1968) defines it as a ‘body of rules, laws, and norms, which serves to limit the sovereignty of state in the international society. Oppenheim (1995) sees it as the ‘body of customary and treaty rules which are considered legally binding by states, in their intercourse with each other.' Jessup (1968) presents it as the body of laws, which is applicable to states in their relations and to individuals in their relations to other states. In the same vein, Kolawole (1997, 278) defines international law or what he calls the ‘law of nations' as the body of rules and principles of action which are binding upon civilised states in their relations with one another. International law is the law at the international level made by the collective will of states and to lesser degree organisation and individuals (Shaw, 1997, 105). In essence, international law is a body of generally accepted principles and rules regulating or controlling the conduct of states, individuals and international organisations for the purpose of peaceful coexistence in the international plane.

Dimensions of International Law

The scope of international law can be categorised into six broad items, namely: one, the law of peace, which seeks the peaceful settlement of international disputes. Two, the law of war, since conflict is an inevitable outcome of human and states relations, conducts of hostilities, must conform with laid-down regulations in terms of types of military wares and ammunition to be used, and stages of their utilisation, targets and non targets of attack, areas of combat, treatment of civilians, journalists and prisoners of war and refuges; and the duties of humanitarian agencies such as the Red-Cross otherwise called ‘doctor without borders'. Three, the law of neutrality, international law forbids aggression on neutral states in war. It also spells out reciprocal responsibilities for neutral states. Law forbids them to render any form of assistance whatever military or civil to any of the parties engaged in hostility. Four, mercantile laws, which relate to regulations on international trade, foreign investment and multi-lateral trade agreements by states.

Five, is the law of the sea. The sea is very vital to the world economy as it provides varied marine food and mineral resources. It serves as a means of international transportation, and it serves as strategic resource for national defence. For these reasons, nations have fought wars over marine resources. Consequently, activities of states in the sea need to be regulated in order to present inter-state disputes. Six, convention on the use of outer spaces. The law regulates the exploration and launching of objects into outer space (Ajayi, 2000).

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