International law is a law governing the relations of States. It may be defined as the body of general and specific principles which are binding upon the members of the international community in their mutual relations. By virtue of the sovereignty of States and the principle of separation of powers between the different organs of the State, international law is not automatically applicable internally. Since having uniform principles in this regard is not possible, the practice of the States has ranged from automatic incorporation to specific adoption. Nonetheless, the governments shall apply the international law wherever there is no conflict with the national law.

International law is a law governing the relations of States. It may be defined as the body of general and specific principles which are binding upon the members of the international community in their mutual relations.¹ Principles of international law are the body of rules which may be either in the form of customary law or of treaties or conventions recognized by all the state parties as binding upon them and are addressed directly to states. But the international community possesses no executive organ for the enforcement of its rules. Hence, the rules of international law are to be put into effect through the governmental organs of the respective states.²

In the ancient period, a major part of international law consisted of rules of warfare. Mutual relations of States were governed by certain rules based on the law of nature. Jews, Greeks, Romans and Hindus had practiced clear rules regarding war and peace. According to Indian history, India was divided into a large number of states known as Rajyas or kingdoms. These kingdoms observed certain rules of Desh Dharma which were largely the product of a common religion, culture and civilization which they possessed as their common heritage. Ancient Indian literature, in particular Manusmrti,³ the Arthashastra,⁴ the Ramayana⁵ and the Mahabharata,⁶ laid down various rules which are similar to modern international law, as followed by the modern states in practice. For example, foreign relations of the kingdoms were governed by ambassadors (Dutas). Manusmrti and Kautilya’s Arthashastra clearly specified the qualifications and duties of Rajdoots. Further, in the ages of Ramayana and the Mahabharata, the post of ambassadors was reserved for persons of the highest ability, character and status. Moreover, the Duta was required to perform many duties which are identical to those in the modern international law. He had to communicate with the host state, maintain treaties, issue ultimatums, seek information, seek favors from enemy states and maintain good relations with high ranking officers.⁷ More than 5,000 years ago, India recognized that the person of the ambassador was inviolable and this was a great service that ancient Hinduism rendered to the cause of international law. Further, the rules of Mahabharata stated that the king who killed an envoy would sink into hell with all his ministers.⁸

Law Review Journal, Judiciary, International Law in India, Appraisal, Manusmrti, Arthashastra, Ramayana, Mahabharata, Kautilya’s Arthashastra, Host state, Maintain Treaties, Issue Ultimatums, Information, Enemy states .