Foundations Of International Law: A Jurisprudential Perspective
- IJLLR Journal
- Jul 9
- 2 min read
Pankhudi Singh, North Eastern Hill University
1. INTRODUCTION
International law, also referred to as the law of nations, governs the legal relationships between sovereign states, international organizations, and, in limited contexts, individuals. It establishes the framework within which nations interact, negotiate, and resolve disputes, and it addresses global concerns such as human rights, environmental protection, disarmament, international trade, and armed conflict. Unlike domestic legal systems that derive authority from a centralized legislature or sovereign authority, international law functions within a decentralized system lacking a supreme enforcement body. This fundamental distinction has long fueled the jurisprudential debate about the very nature and basis of international law. The foundation of international law lies primarily in the consent of states, expressed through treaties, customary practices, general principles of law recognized by civilized nations, and, to a lesser extent, judicial decisions and scholarly writings.
The existence and legitimacy of international law as "true law" has long been a subject of jurisprudential debate. Unlike domestic legal systems, international law operates in a decentralized global order—lacking a sovereign legislature, executive authority, and an effective enforcement mechanism. These structural gaps have led classical legal theorists, such as John Austin, to dismiss international law as mere morality or a set of ethical guidelines between sovereign states. However, the evolution of international relations, state practice, and the development of international institutions have progressively challenged this narrow view. Modern jurists argue that the binding nature, widespread observance, and institutional recognition of international legal norms affirm its status as law. The jurisprudence surrounding this debate draws from both natural law and positivist traditions—each offering distinct justifications for its existence.
This paper seeks to explore the legal status of international law, critically assess the views of leading scholars, and examine the theoretical foundations that support its recognition as a legitimate system of law governing the conduct of states.
