International law is composed of general rules and obligations, which are founded on the customs of people, legislations, international treaties and many other bodies of laws. This is, therefore, the main sources that form international law. The origin of international law was informed on the need to have a body of laws that define, affect, constrain and control the relationship between and among countries of the world. This was particularly vital because of increased globalization. Increased technology in terms of connectivity has made in necessary for countries to be interdependent. This is necessitated by increased armed conflict, international trade, the fight for human rights, environmental problems like global warming and international communication among other activities that need collective efforts. These human needs made it necessary for the development of international law.
This category of law has developed philosophically and historically for many decades. People from different parts of the world have historically wanted to meet and socialize with other people from other parts of the world. They desired to do this in a peaceful, beneficial, controlled and predictable way. The benefit of such contact was mutually realized between the nations in contact. Scholars have identified Mesopotamia, Greece and Northern India as regions that had an international form of governance. They had a developed international law that governed their diplomatic relations, trade relations, the code of conduct of war and how treaties could be made and amended. These formed the basis and origin of international law. These key pillars still form an essential part of international law.
The origin of international law can also be traced in the medieval age. The Rhodian sea law was international accepted law throughout Europe. There was also a significant part of international law known as the ‘continental law merchant’. These were generally well founded principles and regulations of trade that regulated trade relations between kingdoms in medieval Europe. There was also the rise of bilateral relations as states begun to emerge and treaties of fair treatment got signed in due course. In the 20th century, the body of international law developed immensely because of increased globalization among many other significant factors. International organs such as the United Nations and the European Union have been extremely instrumental in ensuring the development and facilitation of these treaties. These bodies have acted as facilitators and policing authorities to ensure compliance with these rules and obligation. In fact, the International Criminal Court has been forced to ensure international justice to be achieved where local justice systems have failed. Its impact has been more pronounced in Africa were there are huge democratic disparities and the rule of law is an exception rather than the norm.
International law is an effective instrument of international politics. The main purpose of laws is to ensure law and order. It is cardinal for international politics and governance to operate within the confines of the rule of law and the spirit of international constitutionalism. International law contains numerous legal frame works that create an enabling environment of fair play between and among nations. It is vital to regulate relations between nations be it with regard to diplomatic relations, trade, tourism and financial aid among others. This is because different nations have different economic and political powers and these can be used unjustly if no regulated.
References
Lowe, A. V. (2007). International law. New York: Oxford University Press.
Birkenhead. (2009). International Law. New York: BiblioBazaar.
