DEVELOPMENT OF INTERNATIONAL LAW Isha International Law Sun, Jul 30, 2023, at ,11:30 AM INTRODUCTIONIn this interconnected world, the development of international law plays a very crucial role in shaping global affairs and addressing complex challenges. International law provides a framework for regulating the relationships between sovereign states, protecting human rights, facilitating trade, maintaining peace, and resolving disputes. International law is a distinctive part of the international relations. As the law tries to maintain the behavior international law tries to maintain the behavior of different states among themselves. In 1905, Oppenheim defines international law as “law of nations or International law is the name for the body of customary and conventional rules which are considered legally binding by civilized states in their intercourse with each other”.SOURCES Treaties- treaties are the expressed agreements, in which countries enter voluntarily. Its stipulations and provisions are restricted to those states who have entered into it. While interpreting a treaty the meaning of the terms and assumption of good faith and good intentions can play a very significant role. Customs- Customs are the common practices followed between the countries. They are ancient and traditional practices that are so consistent that the countries operate with the belief that the custom is legally binding on them and are essential. General principles of law- General principles are developed over a period of time. By general principles of law, we mean that those rules and regulations which are accepted and implemented mainly by civilized states. DEVELOPMENT OF INTERNATIONAL LAW Development of International law in the 16th and 17th century- The roots of international law can be traced back to ancient civilizations, where agreements and treaties between kings and the kingdoms and empires sought to regulate trade, establish boundaries, and resolve conflicts. Example of early legal codes include the code of Hammurabi and the laws of solon in Athens (6th century BCE).The Modern development of international law took place after the Peace of Westphalia in 1648. This treaty marked the ending of 30 years of long devastating war in Europe’s history. The series of war began in 1618, and they were all interconnected. The Austrian Habsburgs tried to put Roman Catholicism on their bohemian Protestant subjects. It divided the Protestant against the Catholic, the Holy Roman Empire against France, the German tycoons against the emperor and each other, and France against the Spanish Habsburgs. The Swedes, Danes, Poles, Russians, Dutch, and Swiss all were either dragged in or dived in marketable interests and battles played a big part and so did religion and power politics. Ideas such as non-interference or peaceful coexistence did not matter at that time and gradually as the time passes the motive of the war changed from religious to political power and balance of power in Europe. In the last of war catholic France was funded by protestant Sweden. By the time kingdoms realized that the war was not beneficial for anyone and negotiation and diplomacy could be used for solving the problem 18 lakh people were already dead and after this the decision was taken to end this war. So the scholars of law, history, politics started thinking about better system and began the process of negotiation in 1642 and continued for 4 years.The negotiation process was very complicated and lengthy. Talks were very difficult as talks were happening in two different cities as both sides wants to talk in their own territory. In order to resolve conflict a total of 3 treaties were signed: the peace of Munster, the Osnabruck treaty, and the Munster treaty. These treaties introduced the concept of state sovereignty and the principles of non-interference in the internal affairs of other nations. These principles formed the foundation of the state-centric system upon which international law is built, and finally in 1648 treaty of Westphalia was signed. Development of International law during the 18th century During the 18th century Natural law theories and positivists theories were accepted and Grotius with his disciples did a lot of work for and on international law with his disciplines and assimilated natural law, customs and treaties and tried to evolve and develop international law. Development of international law during the 19th and 20th Century Congress of Vienna,1815- In context to the development of international law, the congress of Vienna was an important event. Primarily it was a European meet, in which many principles of international law were propounded e.g., the international policies were framed and ambassadors were categorized. Declaration of Paris, 1856- The declaration of Paris was a law-making treaty in which many rules for sea warfare were formulated. It was propounded that in sea war the reserved category persons shall not be attacked. Armed ships can be drowned during a war, but an effort should be made to save humans of a drowning ship. Geneva convention 1864- In this convention many rules were framed regarding injured or sick army men during a war. A rule was also framed by which killing an injured army man was prohibited and some provisions were also made by which they could get certain privileges. Hague conference of 1899 and 1907- The Hague conference contributed a lot in the development of international law. It was also stressed that international disputes should be solved through peaceful means. Many other rules regarding land war and sea war were also framed in these conferences. As a result of these conferences the permanent court of arbitration was established which was a great event in the context of development of international law. This court has contributed a lot in solving issues peacefully in many international disputes. League of Nations- After the First World war, the states of the world felt vehemently the need of such an international forum which may regulate not only the mutual relations between them but may give its mite in eradicating the possibility of a war. The league of nations was established on December 10, 1920 after the treaty of Versailles, 1919 which was entered into the first world war. 1914-1918. The first effort of the league of Nations was how to restrain states from waging wars. Besides this, the league of Nations established permanent court of international justice solve international dispute through judiciary it was also a very important action of the League of Nations. The PCIJ decided many international cases and as such it contributed in the development of international law. Treaty of Locarno- This treaty was entered into by many states like France, Great Britain, Germany, Italy etc., formulating therein that in Border disputes arms power/military powers shall not be used. By this treaty, state expressed their belief to settle their disputes through peaceful means. But in 1936, Germany refused to abide by this treaty. Kellogg Briand Pact or Pans Pact, 1928- By this treaty, the participant states formulated as a matter of policy to renounce wax as a means of deciding their international disputes. This was a very important treaty which provided legal control of wars. Geneva convention, 1929- 47 states of the world signed at this treaty. In this treaty many rules for war prisoners were formulated and accepted. It was prohibited through this treaty to use force in controlling them, general harsh behaviour with them or enforcing community punishment against the prisoners of war. Many other rules were also framed through which prisoners of war were extended health care services and other benefits as well. U.N.O. – The charter of U.N.O. began enforceable legally from 26th October, 1945 and as such U.N.O. was established. In the beginning, there were only 51 member signatories of this institution, now the number of member states stands to 192. U.N.O. charter is also an international treaty which regulates the behaviour of its state parities. Under the auspices of UNO, the development of international law took spectacular heights. Under the General Assembly a Law commission was established which was to ascertain and study different problems of international law in different fields and to suggest solutions therefor. In the UNO many law-making treaties have been entered into because of encouragement given by the commission. These law-making treaties have reduced to some extent the lack of legislative forum in the international law. After the establishment of UNO, the major development of international law has been through the law-making treaties. CONCLUSIONThe development of international law has been a dynamic and ongoing process, driven by the need for cooperation and peaceful coexistence among nations. Through treaties, conventions, and the establishment of international organizations, the world has tried to make a significant change in shaping the legal framework to govern the global affairs. And as the world going to evolve further, international law must adapt and grow to meet the challenges of the future, encourage cooperation, justice and a peaceful world.REFERENCES http://law.uok.edu.in/Files/5ce6c765-c013-446c-b6ac-b9de496f8751/Custom/UNIT_I.pdf https://www.patnalawcollege.ac.in/econtent/INTRODCUTION%20THE%20NATURE%20AND%20DEVELOPMENT%20OF%20INTERNATIONAL%20LAW.pdf https://www.legalserviceindia.com/legal/article-10255-development-of-international-law-an-overview.html https://blog.ipleaders.in/development-international-law/