The Development of Natural Law Principles have a Profound Impact in the Making of International Law

At a Glance International Law:
International law is the term commonly used for referring to laws that govern the conduct of independent nations in their relationships with one another. It differs from other legal systems in that it primarily concerns provinces rather than private citizens. In other words it is that body of law which is composed for its greater part of the principles and rules of conduct which States feel themselves bound to observe, and (a) The rules of law relating to the function of international institutions or organizations, their relations with each other and their relations with States and individuals; and
(b) Certain rules of law relating to individuals and non-state entities so far as the rights and duties of such individuals and non-state entities are the concern of the international community. However, the term "international law" can refer to three distinct legal disciplines
Public international law, which governs the relationship between provinces and international entities, either as an individual or as a group. It includes the following specific legal field such as the treaty law, law of sea, international criminal law and the international humanitarian law.
Private international law, or conflict of laws, which addresses the questions of (1) in which legal jurisdiction may a case be heard; and (2) the law concerning which jurisdiction(s) apply to the issues in the case
Supranational law or the law of supranational organizations, which concerns at present regional agreements where the special distinguishing quality is that laws of nation states are held inapplicable when conflicting with a supranational legal system.
The two traditional branches of the field are:
jus gentium — law of nations
jus inter gentes — agreements among nations
Entities that create international law:
- States
- International organizations (which are composed of states)

Subjects of international law, who bear the rights and duties of international law:
- states
o international law developed to regulate states because of:
the emergence of states
state interaction
development of the laws of war
Purpose for laws of war: it is in the mutual interests of all states to regulate the conduct of war, and in trying to agree on rules that will make it unlikely that war will happen.
o The Classic Model of relations between/among states
States are opaque (billiard ball theory – states hit each other one the outside but do not interfere with one another’s internal affairs) and we don’t really look at what’s inside
Thus, international law only regulated relations between states, and did not regulate the internal affairs of states
Now, international law is also used to regulate the internal affairs of states
- Individuals
o The person has become increasingly accepted as an independent actor, subject to and benefiting from international law (this is a recent development)
o Individuals are not parties to international law – they can be a bearer of duties and a beneficiary of rights, but they are not parties to international law
- corporations
- international organizations
o for the purposes of our class, an international organization is an organization composed either solely or primarily of states, like the United Nations


Sources of international law:
- Customary international law
o Article 38 of the ICJ
- Treaties
o A treaty is an agreement between states, between states and international organizations, or between international organizations, that is binding under international law (something binding under the laws of one state is not international)

Emergency Provision

1.1 Definition of Emergency / What is Emergency:

The emergency provision is not well defined in the constitutions that adopted it. Generally emergency provision is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviors, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale for suspending rights and freedoms, even if guaranteed under the constitution. Such declarations usually come during a time of natural or man made disaster, during periods of civil unrest, or following a declaration of war or situation of international or internal armed conflict. Justitium is its equivalent in Roman law.
In some countries, the state of emergency and its effects on human rights and freedoms and governmental procedure are regulated by the constitution and/or a law that limits the powers that may be invoked. Rights and freedoms may be suspended during an emergency, for instance, freedom of movement, but not non-derogable rights.  In many countries it is illegal to modify the emergency law or the constitution during the emergency.
In Bhagat Singh vs. King Emperor, Lord Dunedin said, “A state of emergency is something that does not permit of any exact definition. It connotes a state of matters calling for drastic action”.
Stiphen P. Marks has said, “Emergency is a situation which results from a temporary condition, which place institution of the state in a precarious position, which leads the authorities to feel justified in suspending the application of certain principles”.
According to the view of our constitution it means the existence of a condition whereby the security or economic life of Bangladesh or any part thereof is threatened by war, external aggression or internal disturbance.

1.2 Classification of Emergencies
From the view point of territorial extent emergency may be of two types:
a) National Emergency; and
b) Partial or State Emergency.
In the first case emergency is declared throughout the whole territory of the state.
On the other hand the second one is declared in a particular area of a unitary state or in a state of a federation.
For example, under article 352 emergency can be declared in India and under article 356 partial emergency can be declared. The Pakistan constitution also provides for the National and Partial emergency.

On the basis of its nature, emergency may be of three types,  they are:
a) Emergency of War,
b) Emergency of Subversion: and

Contract Act, 1872

Related Legislation / Statutes:

1. the Contract Act, 1872. (Bangla/English)
2. the Specific Relief Act, 1877.  (Bangla/English)
3. the Evidence Act, 1872. (Bangla/English)
4. the Specific Relief Act, 1882. (Bangla/English)
5. the Sale of Goods Act, 1930. (Bangla/English)

Leading Cases:
1. Carlill -vs- Carbolic Smoke Ball Co. (1893) 1 QB 256.
2. Bhagwandas -vs- Girdhari Lal & Co. [ AIR/ 1966/ SC 543.]
3. Balfour -vs- Balfour (1917) 2 KB 217.
4. Lalman Shukla -vs- Gauri Dutt. (1913) II AII LJ 489.
5. Mohri Bibi -vs- Dharmodas Ghose (1903) 30 IA 114.
6. Ramsgate Victoria Hotel -vs- Montefiore.
7. Hadley -vs- Baxendale (1854) 9 Exch 341.
8. Lews -vs- Averay (1971) 3 AII ER 907.
9. Tweddle -vs- Atkinson (1861) 1 B & S 393.
10. Pharmaceutical Society of Great Britain -vs- Bots Cash Chemists (1953) 1 all ER 483.
11. Harvey -vs- Facey (1893) AC 552.
12. House Hold Fire Insurance -vs- Grant (1879) 4 EXD 216.
13. Brogden -vs- Metropolitan RLY Co. (1877) 2 APP Cases 666
14. Dunlop Pneumatic Co. -vs- Selfridge & Co. (1915) AC 847.
15. Ammiraju -vs- Shemma AIR (1917) Mad 287.
16. Sowler -vs- Potter (1940) 1 ILB 271.
17. Sattyabroto Ghose -vs- Mungeeram Bangur & Co

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