To what extent does the international law reflects the international society?
In order to make a distinction between public international law and private international law one must make a comprehensive study of the subject. International law is concerned with all the norms and institutions that govern international society, while private law tends to be concerned with the relations between individuals and associations.
Matters of Private law are sometimes resolved through Public international law (thanks to the agreements between States), however we will not be discussing these matters in this study.
Public international law (hereafter simply international law) officially began with the Treaty of Westphalia that came into force in 1648. But its objectives are relevant even in today’s world. It has been subject to many changes since the 17th century. Thus, the subject of international law has been changed and today, comes together in the concept of international society.
It is interesting to learn the position of international law in today’s international society.
We see that the international laws have responded to the changes that have changed our world in the process of the development of the concept of international society.
I. The concept of international society and the responses of international law to societal changes:
International laws have, over time, managed to widen its scope. Today, it does not exclusive governs relations between States.
‘Maxim ubi societas, ubi jus’ is Latin for ‘where there is society, there is law’ i.e. theser is a sociological link between law and society.
Today, the development of the concept of international society has not led to the development of international law but rather an adaptation of the law.
Therefore, international society is distinguished from national societies and allows the delineation of the respective scope of domestic and international laws.
Tags - International law, international society,
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