International Law’s Principles

The consequence of international relations is the emergence of international law. International relations that have been practiced by countries in the world have given birth rights and obligations between legal subjects (state). Therefore, international law is absolutely necessary in order to guarantee the smoothness of international association.

International law is actually a law that is old age, that has existed since the Roman era. This is evidenced by the term ius gentium, which is then translated into German (volkerrecht), French (droit degens), and English (law of nations / international law).

International law is the whole rules and legal principles governing relations or issues that cross national borders (international relations) that are not civil. the similarity is that both regulate relationships or issues that cross national borders (international). As the basic rules of international relations, international law has many kind of principles that regulate the process of international relations.

In the implementation of international law as part of international relations, there are known some legal principles or principles, include :

1. Pacta Sunt Servanda, it is an agreement that has been made must be obeyed by the parties who make it.

2. Equality Rights, the countries that are in each other's relationships are of the same rank.

3. Principle of Reciprocity, the actions of a country to another country may be repaid in kind, either negative or postive actions.

4. Courtesy, the principle of mutual respect and mutual respect for each country.

5. Rebus Sic Stantibus, the principle which may be used to terminate a treaty unilaterally if there are fundamental changes in the circumstances related to an agreed international agreement.

6. The Territorial Principle, according to this principle, the state shall apply the law to all persons and all goods in its territory and to all goods or persons in the territory, fully foreign (international) law.

7. The Principle of Nationality, this principle is based on the power of the state for its citizens, according to this every country wherever they are also still get legal treatment from his country. this principle has extraterritorial powers, meaning that the law of the country remains valid also for its citizens, even though it is located in a foreign country.

8. General Interest Principle, this principle is based on the authority of the state to protect and regulate interests in the life of the people, in which case the state may adapt to all circumstances and events relating to the public interest, so the law is not bound by the boundaries of a territory.

All of the principles above regulate the International law and relations are based on the free will and consent of some or all of the countries involved. It is done for the common good of those who claim to be in it. Like most legal systems, the international legal system is implemented on the basis of certain principles as a guide.

Reference :

Hakim, Ahmad Manarul. 2018. International Law : Definitions, Principles and Forms. Taken from http://www.yuksinau.id/hukum-internasional/. Accessed at Monday, May 21, 2018, 11 a.m.