International law is part of the law that governs all activities of entities on an international scale. This one law also deals with various structures and behavior of international organizations and to a certain extent, this law also regulates multinational companies and individuals.
Basically, this law itself is used to regulate relations between countries, by giving rights and obligations that must be obeyed by each country, as well as making provisions for situations of war or conflict that occur. This also includes international organizations and political bodies.
This law itself is international law or also what can be referred to as interstate law. This law refers to the complex rules and principles in which it regulates a relationship between members of society, the nation and the state. Check out the information below.
Definition of International Law
International law can be defined as an independent legal system that is outside the legal order of a country. This one law itself is different from the domestic legal system which regulates various things in a country, where this one law does not have a court system with comprehensive jurisdiction.
In practice, these laws also involve neither an international level police force nor a comprehensive law enforcement system, nor high-level executive authority.
Where, this law itself becomes part of the general structure of an international relationship. This law is also often used and has an important role when considering the appropriate response to a particular international situation.
Relevant international law is often a consideration for a country in making a decision. Where in general the focus of this law itself is quite large on violations related to relations between countries or internationally and rarely this law itself is enforced militarily or economic sanctions.
This is because the existing legal system is maintained on the basis of a sense of personal interest. In general, countries that violate these international laws or rules will suffer in the form of reduced credibility in the eyes of the public.
In doing so, this can affect the country and the relationship they have with various other countries. By consistently violating existing and applicable rules or laws, a state can jeopardize the value they have in the state community system, international organizations, and various other actors.
Based on the information above, this law is important for every country to understand, including Indonesia. Where, this law that applies can be used as a basis in making international cooperation initiatives with other countries that can encourage safe and prosperous cooperation.
Indonesia itself is one of the Asian countries that has contributed to the formation of this one law, where this can also be seen through existing evidence and its existence is recognized through the concept of an archipelagic state in the 1982 Convention on the Law of the Sea.
Differences in International Law and Private International Law
In international law itself, there are generally two major groups known, namely international law and also international private law. The difference between the two groups lies in the object they control. Check out the following information.
Law in general itself is divided into two major groups, namely private law and public law. Likewise in the international context, where there is international private law as well as international public law.
These two laws are better known as international law and also international private law. As explained above, the two laws have differences that lie in the object they regulate.
Where as explained by Prof. Zulfa Djoko Basuki, HPI Professor, in JHP Number 3 Year XXVI, private international law or what is referred to as international private law (HPI) is a law which regulates all issues or problems related to international private.
What distinguishes international private law or HPI from its own national private law is the presence of foreign elements. The foreign element itself can occur due to differences related to nationality, domicile factors, choice of law, flag of the ship, location of objects, place of occurrence of cases, and various other things.
Furthermore, public international law and what is also known as international law is the law in which it regulates the relations of each country and various other legal subjects.
Understanding of International Law According to Experts
1. Prof. Hyde
The definition of international law according to Prof. Hyde can be formulated as a collection of laws which consist of various principles and regulations that must be obeyed by every country. Therefore, in establishing relations between countries, international law must be obeyed and obeyed.
2. Andi Tenri Padang
Furthermore, Andi Tenri Padang also defines international law as part of the law that regulates various activities on an international scale. In the beginning, international law was defined as relations or behavior between countries, but with the development of patterns of relations between countries which are now increasingly complex, the definition of this law has also expanded.
According to him, current international law is also concerned with the structure and behavior of international organizations and to a certain extent includes multinational companies and individuals.
3. Mochtar Kusumaatmadja
Furthermore, the notion of international law according to Mochtar Kusumaatmadja is a whole of rules and principles which regulate relations and issues related to boundaries between countries and other legal subjects.
4. JG Starke
JG Starke also expressed his opinion regarding the notion of international law, namely as a collection of laws or what is also called the body of law and consists of various principles within it.
International law also has a mandatory nature and must be obeyed by every country in all parts of the world in establishing international relations with other countries.
5. Rebecca M. Wallace
Furthermore, Rebecca M. Wallace defines international law as rules and norms that regulate the actions of each state and other entities.
6. Hugo de Groot
International law according to Hugo de Groot is a law based on the free will and agreement of some or all of the countries. The existing laws are made and formed in the framework of the common interest.
Subject of International Law
Based on the explanation from Mochtar Kusumaatmadja, the subject of international law itself is everything that based on law can have rights and obligations, and also has the authority to enter into legal relations or act according to existing and applicable provisions of international law. The following are subjects of international law.
The first subject of international law is the state which is the main subject of international law. In its context, the country in question is a country that is sovereign and has its own system of government.
2. International Organizations
The second legal subject is an international organization that has a duty to participate in solving problems related to violations of international law.
An international organization which is the subject of international law itself is an organization which has global members and general purposes, for example the United Nations.
In addition, the organization must also have global members who have specific goals, as an example is the IMF. The organization can also have regional members who have global goals, such as ASEAN, and the organization can also have regional members who have specific goals, such as for example NAFTA.
3. International Red Cross
The third legal subject is PMI or the International Red Cross which is an international legal subject that is recognized in a limited scope.
The position of the International Red Cross itself as a subject of international law is increasingly strengthened by the agreements and conventions of the Red Cross. Where, this organization has a mission solely for humanity.
Therefore, the International Red Cross organization must be independent and must not be disturbed or intervened by other countries.
4. Vatican Holy See
The fourth legal subject is the holy throne of the vatican which began to be recognized as a subject of international law in 1929, to be precise after the signing of the Lateran Pact.
The Lateran Pact itself is an agreement that occurred between the Kingdom of Italy and the Holy See of the Vatican.
The fifth legal subject is rebels, where in the law of war rebel groups can become subjects of international law if they are organized, comply with the existing laws of war, the territory they control, the ability to establish relations with other countries, determine their own destiny, control resources. natural resources in the territory where they control, as well as the system itself, be it economic, political, or social.
The sixth legal subject is an individual. This was also explained by Mochtar Kusumaatmadja in the Treaty of Versailles in 1919, in which there were several articles which provided the possibility for individuals to submit cases at the international level to the International Court of Arbitration.
In this regard, individuals can become subjects of international law and can also become parties before an international court.
The Role of International Law
As previously explained, international law itself is the law that regulates and influences international relations that occur between one country and another. The following is its role according to experts, as follows.
1. Mochtar Kusumaatmadja
According to Mochtar Kusumaatmadja, international law has a role to create order, where this can be the basis for creating a more orderly social structure. In addition, international law also has the goal of realizing justice that is in accordance with society and the times.
The role of international law according to Jeremy Bentham himself is to create or achieve benefits. What is meant is that with the existence of this law, the happiness of many people can be guaranteed. The theory in question is also known as the theory of utilities.
Aristotle also expressed his opinion regarding the role of this law. According to him, these laws have a role to achieve justice. Where, with this law everyone can receive what is already his right. The theory in question is also known as ethical theory.
Furthermore, according to Geny, this one law is a law that is used to achieve justice and is part of the element of justice. The element of justice in question is the interest of efficiency and expediency.
5. Immanuel Kant
Immanuel Kant also mentioned his opinion about the role of international law, namely as a whole condition that through the free will of one person can adjust to other people in complying with existing legal regulations related to independence.
Forms of International Law
1. Regional International Law
The first form is regional law that applies with the boundaries of the area where it applies. For example, American and Latin American International Law.
This is also similar to the concept of the continental shelf and the concept of protecting marine biological wealth or what is also called the conservation of the living resources of the sea which initially grew on the American continent until it eventually became general international law.
2. Special International Law
The second form is a special law that applies to certain countries. For example, the European conventions on human rights reflect the different circumstances, needs, stages of development and levels of integrity of different sections of society.
The difference between special law and regional law is that this law grows with customary law processes.
Principles of International Law
Furthermore, there are also principles of international law as follows.
1. Territorial principle
First, the territorial principle which is a rule or law made by a country and applies and must be carried out by all people in that country.
2. The principle of nationality
Second, the national principle which means that the law of the country still applies to citizens even though they are in another area or country. Based on this statement, the national principle has extraterritorial powers.
3. The principle of public interest
Third, the principle of public interest which is based on the authority of a state to regulate the life of the people within it.
Here are some examples of the principles used in this one law, as follows.
- General principles which are principles related to violations of an agreement. Where, the violator is obliged to compensate for all losses incurred as a result of the violation.
- The principle of pacta sunt servanda which means that existing and already made agreements must be obeyed and fulfilled.
- The ius cogens principle is a principle which states that an agreement becomes void if the procedural process is contrary to existing international law. For example, the agreement regarding the manufacture of nuclear weapons which has the aim of destroying or annihilating a country.
- The principle of nationality or the principle of nationality, which is a principle that applies to an individual even though the individual is outside the territory of the country or is in another country.
- Territorialitet principle or territoriality principle, which is the principle that applies if a violation occurs in the territory of the country. This territorial principle will still apply even if the violator is a foreign citizen.
- The principle of nebis in idem which is a principle which explains that all international issues that have already been tried cannot be tried a second time.
- The principle of inviolability and immunity, which is the principle of immunity from law in a country. In general, people who have this principle themselves are diplomats who are given assignments by their home country.
- The principle of rieus sie stanreus.
Well, that’s a brief explanation of what is meant by international law. Through the explanation above, we can conclude that international law is a law which regulates all matters relating to relations between countries or problems on an international scale.