International Law Lawyers in Dehradun

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International Law Advocates in Dehradun

Our International law Advocates in Dehradun take up public and private international law matters and provide legal services relating to litigation at international Forums, Mediation, International Arbitration, Contracting – Negotiation/ Settlement and Documentation Support.

WHAT IS INTERNATIONAL LAW?

International law is a set of customary principles which govern the relationship between nations. Of late, international law has started to recognize the relationship of an individual with another state, and relations between international organizations.

Traditionally, states were the only subject of international law, however, individuals and international organizations have also come under its domain. International law is governed by various agreements, treaties, and conventions which the contracting parties have agreed upon. International organizations such as the United Nations, World Trade Organization, World Health Organization, Common Wealth Organization etc. play a vital role in having different States to agree on basic standards and protocols of international conduct, and create an obligation to implement domestic legislation in accordance to their international agreement. The aim of international organizations is to promote peace and cooperation among state parties.

WHAT IS THE EFFECT OF INTERNATIONAL LAW ON DOMESTIC LAWS

International law has diverse effects on domestic law around the world. In some countries, the judiciary can directly execute the international treaties, also known as self-executing treaties. But in countries like India, international treaties cannot automatically become a part of national law. The constitution of India follows “dualistic theory” when it comes to incorporating international treaties into domestic law. This is done by proper incorporation of the international treaties into the legal system by the legislation. The Indian judiciary plays a practical role in executing India’s international obligations under international treaties. The court when under ambiguity, refers to international conventions for construction of national legislation. Legal assistance is an important part of international law which establishes a healthy level of cooperation between states based on the principle of comity. Illegal trafficking of drugs, arms and human beings and other transnational crimes can only be controlled when states are ready to cooperate with each other.

The constitutional law lays down provisions and aspects with special reference to international law:

1. The Preamble sets down the basic philosophies that the citizens of India should strive to achieve as a nation. such basic principles are universal in nature serving the essence of true democracy.
2. The Fundamental Rights presented in Part III along with the Directive Principle of state Policy presented in part IV, have a sharing feature with the Universal Declaration of Human Rights (UDHR). This shows great influence of international law.
3. Fundamental Duties through Article 51 A  effects the UDHR emphasizing on individual duty towards the community at large.
4. Fostering International Relation through Article 51 of the Constitution. under this Article, states are directed to promote international peace and security, maintain just and honourable relations between nations, Foster respect for international law and treaty obligations in dealings of organized peoples with one another; and to encourage settlement of international disputes by arbitration.
5. Power with the Government of India, Article 253, under which Parliament can enact laws to implement international obligations.
6. Treaty-making power with the executive under Article 73.
7. Extra-territorial jurisdiction, under Article 260 where Government of India can enter into an agreement with the foreign state to undertake legislative, executive or judicial functions in such territory.

More about International Law Practice:

International law is considered to be the set of rules which legally bind the states when they interact with each other. In particular, there is no international law parliament, or legislation, therefore, there is no specified ‘Code of International Law’. The basis of international law is the common consent subjected to certain conditions. Jurisdiction of the international law mainly depends upon the consent of States even though there is a range of specialized courts including an International Court of Justice.

Therefore, the actions of the international community made by 192 states collectively generate international law. The source of such actions under international law is listed in Article 38(1) of the Statue of the INTERNATIONAL COURT OF JUSTICE.

1. Treaties/Conventions- general or specific rules expressed by the contesting states;
2. Customary laws – the general practice that is accepted by law;
3. General Law principles-recognised by nations
4. Subsidiary means- (subject to the provisions of Articles 59)- teachings, judicial decisions of highly qualified scholars of nations

Private International Law:

This part of the law has a set of rules that administers disputes between some private individuals who cross international bodies. If a dispute arises between two parties, residing in different countries and having different legal systems, then private international law applies. The court ascertains as to which country’s substantive law must apply to decide the matter. Each country will have its own set of private international law. Our lawyers for international law in Dehradun are efficient in handling a contest on the applicability of Private International law.

Public International Law:

This part of law usually is in form of conventions, treaties or covenants, governing the relations between nations (states), United Nations and other international organizations that hold international personality. Lawyers for International Law in Chandigarh are well versed with the rules that govern the public international law that covers a wide range of activities like diplomatic relations, trades, human rights, war, and sharing of resources. Under this subject, responsibility and legal rights of one state against another state are set out.

International Justice system:

The International Court of Justice (ICJ), is the judicial branch of the United Nations which aims at resolving legal disputes between States. However, the International Court of Justice lacks the reputation of “world court” in a broad sense. Neither international organizations, nor private persons are permitted to institute proceedings before the ICJ. Only States can apply and appear. On the other hand, the International Criminal Court (ICC) has jurisdiction over International Crimes largely recognized as crimes against peace, against humanity, of genocide, or, a war crime.

Golden Rules

**We deject un-ethical and immoral practices, and reserve our rights of extending legal services only to a select clientele which exhibits civility, faith in law, sound moral footing, and good conscience. Our legal counsels defend the ones who have falsely been implicated, and prosecute for those who have actually been victimized – in either case, our counsels reserve their right of exercising discretion in accepting or rejecting a brief/ lawsuit.