DEFINITION AND GENERAL SCOPE

[§ 1. Definition]

International law may be considered from two points of view, viz.:—

(a) From the philosophical point of view, as setting forth the rules and principles which ought to be observed in interstate relations.

(b) From the scientific point of view, as setting forth the rules and principles which are generally observed in interstate relations.

Wheaton, D., 23: "International law, as understood among civilized nations, may be defined as consisting of those rules of conduct which reason deduces, as consonant to justice, from the nature of the society existing among independent nations; with such definitions and modifications as may be established by general consent." See also I. Pradier-Fodéré, pp. 8, 41.

Early writers treated especially of those principles which ought to be observed in interstate action, and the wealth of quotation and testimony introduced to establish the validity of principles now considered almost axiomatic, is overwhelming. In the days of Ayala, Brunus, Gentilis, Grotius, and Pufendorf, all the argument possible was needed to bring states to submit to these principles. The conditions and relations of states have so changed that at the present time a body of fairly established rules and principles are observed in interstate action, and form the subject-matter of international law.[1]

[§ 2. Divisions]

International law is usually divided into:—