Introduction

Every society or civilization, regardless of its population, makes a legal framework (law) under which it functions, utilities, grows, matures, progresses and develops. It is permissive and tolerant in nature as it permits individuals or entities to form legal relations with rights and duties and restrictive in nature as it punishes or penalizes the wrong-doers. These laws are referred or denoted to as Municipal laws. The globe nowadays requires and necessitates a framework through which interstate or regional relations can be developed, advanced or established. International Laws fill the cavity for this.

International Law

The word ‘International law’, also denoted to as Laws of Nations was initially or originally first created or generated by Jeramy Bentham in 1780. Every country is mentioned to as ‘state’ in International Law.

International law, also familiar and recognized as public international law and law of nations, is established or recognized set of rules, norms, and standards generally accepted in relations among nations. It installs normative guidelines and a common conceptual framework to guide states through a broad range of domains, comprising war, diplomacy, trade, and human rights. International law targets at the practice of stable, consistent, and prepared international relations.

The sources of international law comprise and include international custom (general state practice accepted as law), treaties, and general principles as well as doctrines or principles of law recognized or renowned by greatest national legal systems. International law can also be reproduced in international comity, the practices and customs adopted by states to maintain or preserve good relations and mutual appreciation, such as saluting the flag of a foreign ship or enforcing a foreign legal judgment.

Branches of International Law

• a.      Jus Gentium
• b.     Jus Inter Gentes

Jus Gentium is denoted to as ‘laws of nations’ in Latin, measured to be those set of rules part of those portions or shares of law mutually and commonly governing a relationship, connection and association among two nations and do not form part of a legal code or a decree.

Jus Inter Gentes is mentioned to as ‘law between the peoples’, considered or measured to be those agreements, settlements and treaties, mutually accepted and acknowledged as well as recognized by both countries.

International Law can be largely or generally divided into three kinds: Public International law, Private International law and Supranational Law.

Pacta Sunt Servanda

The implication of this Latin phrase i.e. Pacta Sunt Servanda is ‘agreements requisite survive or agreements are binding’. The principle of Pacta Sunt Servanda regulates the relationship or connection among two or more nations that enter into an agreement. Pacta Sunt Servanda, agreeing to Hart, is one such rule and regulation that regulates the relation between States and safeguards that they do not damage each other in the garb of control or authority. In international law, “every treaty in force is binding upon the parties to it and obligation must be performed by them in good faith.” This entitles or permits states party to the Convention to necessitate that obligations instituted by treaties be honoured and to rely on such obligations or responsibilities or accountabilities being honored. This foundation of good faith for treaties implies or suggests that a party to a treaty cannot invoke or raise provisions of its municipal (domestic) law as justification as well as  explanation for negligence of its obligations or compulsions pursuant to the treaty in question.

The solitary limits or restrictions to application of pacta sunt servanda are the peremptory norms of general international law, which are denominated “jus cogens“, i.e. compelling as well as convincing law. The legal standard principle of clausula rebus sic stantibus in customary international law also allows or permits non-satisfaction of obligations pursuant to treaty because of a fascinating alteration of conditions or circumstances.

Pacta Sunt Servanda is a Latin word that means agreements must be kept. It is existent in both Civil law and international law. In international law, it means that all treaty is binding upon the parties and their requirement be executed in good faith. Good faith is a sincere, earnest, serious intention to carry out obligations without malice. The parties under this treaty necessity is to fulfil their promises and obligations to the best of their abilities.

General Principle of Law

The law embodies a significant principle in the General Principles of Law. The General Principles of Law are sources of international law. The principles of Pacta Sunt Servanda are also embodied in the Permanent Court of Justice and The International Court of Justice. With regards to the UN, it is supposed and believed that all member or associate nations are ‘civilized’ and are anticipated to follow the principles of Pacta Sunt Servanda when dealing with obligations, agreement and promises. This is keeping in mind that the parties involved or complicated in these treaties and international agreements have given and agreed their consent, as international law is a consent-based method.

Article 26 of the Vienna Convention

It is under this very heading that the principle or doctrine of ‘Pacta Sunt Servanda’ is established and recognized. This article is under Part III, section 1 of the Vienna conventions which lays and sets out all the principles the party requisite to note and observe when entering a treaty.

The Article states “Every treaty in force is binding upon the parties to it and must be performed by them in good faith.” There is also a prerequisite to this where the states must have given their consent to enter such a treaty.

Such a law was adopted as well as accepted in the convention to find a space for interstate relations where obligations are respected, appreciated, valued and carried out in good faith. The principles of good faith and free consent of this principle is largely, basically and fundamentally mainly seen in other characteristics of international law.

Scope of Pacta Sunt Servanda

As per to Article 18 of the VLCT, states are asked or probed to abstain from doing any acts which would hamper or hinder the outcome of the treaty. This is under the prerequisites, requirements or basics that it has signed the treaty that has been consequently ratified or sanctioned. This is up until it has prepared its intentions or objectives clear and unblemished that it does not want to be a party to the treaty. This is also subject or matter to the fact that its entry into the treaty has not been unduly, unjustifiably and disproportionately delayed.

Under this standard principle, certain laws are also acknowledged to be recognised and are consequently therefore valid. It endorses the principle of ‘lex specialis’ and determines that laws need to be obeyed.

Conclusion

International law is a set of rules which are mandatory among nations and aims to ensure safeguard and security and peace among numerous nations. The subject of question under international law isn’t only the Nation/state but can be a separate individual also. Furthermore, it has emerged or materialized through a numeral number of sources which are codified in Article 38 of the ICJ statute, permitting to which, customs, treaties and general principles are considered to be the source of International Law. International law is there to maintain or preserve world order and peace, settle several disputes among various different nations/states and individuals and to deliver fundamental rights. Nevertheless, there are still numerous or various shortcomings due to which international relations are suffering.

In the Fisheries jurisdiction case, the ICJ judge Nervo observed as well as witnessed that numerous treaties are formulated under political and diplomatic pressures and such pressures cannot be proved or verified by documentary evidence. Any treaty violated in such conditions or circumstances, may not allow or sanction any cause of action for the plaintiff. The accurate or precise instance of such circumstance or situation would be the Covenant of the League of Nations.  As per to Article 19 of the covenant, the league was empowered or authorized to declare and announce any treaty as invalid and inapplicable if it affected and pretentious or threatened the peace of the world.

LAWS REGARDING OTT PLATFORMS IN INDIA

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