Introduction
International laws are an arrangement or a structure of laws that govern the relationships between nations. It is a system of agreements and treaties between the countries that control the pattern of behavior and interaction between nations, citizens of different nations, and conduct business with other nations. They govern the standard of international etiquette. Most of the international laws are governed by international treaties, and these treaties are based on specific doctrines that control global policies.
The Doctrine of Immutability The doctrine states that if a state does an act or omission which is illegal as per the international and such act or omission cause any harm to the foreign property, the state shall be liable for such damage. However, there must be precise shreds of evidence of the state participating to hold it accountable. For example, if a soldier of a particular nation damages the property, the nation to which the soldiers belong shall be held liable for the damage caused.
PactaSuntServanda PactaSuntServanda is the oldest doctrine of international law. The doctrine is a Latin maxim that means agreement must be kept. It is due to this doctrine that international laws and treaties are binding upon the signing nations. The doctrine has a religious origin, most of the religions around the world state that one must always to true to the obligations undertaken. The principle evolved in the Middle East countries and soon became a part of commercial contracts and transactions. The Romans also accepted it, and it became an essential part of judicial work. It was established in theories during the renaissance period and now is a significant pillar of International laws.
ErgaOmnes and UtiPossidetis
This doctrine aims explicitly to determine the obligations that the states and the non-state actors have towards the international communities as a whole. The doctrine has its origin in Roman law, where the state had obligations and rights towards all. This doctrine is fundamental, especially in today’s world, as the interdependence of nations and formations of the international community often result from consensual legal relations. This also enables the International Court of Justice to go above and beyond relations among states based on consent and legislate new laws based on the natural law approach. The doctrine also affects the freedom of the states and the sovereignty of other states.
The doctrine of UtiPossidetis states that territory or any other property shall remain in possession of the possessor after the end of the conflict unless there has been a treaty signed stating otherwise. This doctrine enables the aggressive or hostile party to claim their territory after the war is over. This doctrine, too, emerged from the Roman laws. It was adopted by the International Court of Justice to mark the boundaries of decolonized states of Latin America but is a common doctrine in the colonies of Asia and Africa.
The Doctrine of Non- Refoulement, and Act of State
The doctrine is a part of International Human Rights Law. It states that no individual shall be forced to return to a country where they would receive inhumane treatment, face cruelty, or punishment owing to their caste, color, sex, nationality, or religion. However, the doctrine shall only apply to the country of origin and not a place where the individual fears prosecution.
As the name suggests, this doctrine is only applicable to actions carried out by government bodies or government officials. In deciding whether the doctrine is appropriate, the courts must check whether it was done in public or original capacity. If there are no International treaties prevalent, the states have no right to question the legality of any action of another state. If questioning is essential, they shall be limited to the diplomatic channels only.
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