APPLICATION OF LEGAL THEORIES IN INTERNATIONAL LAW – A MODERN PERSPECTIVE
AUTHOR – SHIVANANDAN PRASHANT DARADE, DES SHRI NAVALMAL FIRODIA LAW COLLEGE
BEST CITATION – SHIVANANDAN PRASHANT DARADE, APPLICATION OF LEGAL THEORIES IN INTERNATIONAL LAW – A MODERN PERSPECTIVE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 374-382, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
International Law is not a law but a framework of legal rules and principles formed to be obliged and legally binding on mutually consenting sovereign states. Application of Legal Theories and its principles in International Law has been in practice since Ancient times. One of the examples of application of legal principles in International Law dates back to 2100 BCE with the Solemn Treaty between Lagash and Umma of Mesopotamia and has evolved since then till the present times. With the advent of modern age and the evolution of International Law after the end of World War II, United Nations Organization was established in 1945 for governance of International Law by framing legal rules and principles as per legal theories prevalent in respective times and also forming other international institutions governing different fields of human importance. Principles of International Law first evolved with Roman Law of Lex Gentium meaning ‘Law of Non-Romans (Foreigners)’ incorporating principles from Natural and Positive Law Theories and later on developed by Hugo Grotius. In modern times International Law is defined by Oppenheim as ‘body of rules which are legally binding on states in their intercourse with each other. The principles from the legal theories are applied through sources like conventions, customs, general principles, judicial decisions and United Nations resolutions. The changing nature of International disputes and their repercussions on rights of human makes it necessary to formulate principles applicable in the future.The combination of principles from Historical, Natural and Positivist theory of law are most prominently in use in modern International Law made binding on the states through its sources.The researcher has undertaken the topic to understand and study the evolution, its changing concepts and implications of International Law in modern times through application of legal theories for its development in the future.
Key Words- Lex Gentium, Convention, Treaty, United Nations Organizations, Customs.