lnternatonal law &Human Right-Dr•H•O•AGARWAL Starke's Definition, Public International law and Private International law: pdf in English

Starke's Definition:

                                  Staff definition of international law is similar to the new definition of Oppenheim in scope • "He lay down that international law is that body of law which is composed for its greater part of the principal and rules of conduct which states feel themselves bound to observe, and their commonly observe in their relation with each other and which include also:

(a) the rules of law relating to the functioning of international institution or organisation their relation with each other and their relations with state and individuals and

(b) certain rules of law relating to individuals and non state entities are the concern of the international community",

The above definition is a different form but traditional definition of international law while the letter to into the account of States only Stark has winded scope when he says that along with States International Law regulates the rights and duties of international institution are organisation individual and other non state in titis these entities have come within the Ambit of international law because of the radical development that took place since the beginning of the present centuri specially after the creation of United Nation but the concedes that primarily 

It regulates the rights and duties of states inter se•

In the strict sense Stark has enumerated in his definition the name of different entities whose rights and duties are regulated by rules of international  law,•

But if and tieting not numerated by Shark Evil comes within the scope of international law with the pages of time and if its form right and duties are regulated by the rules of international law the definition would again be subjected to criticism,:Thus the definition

Does not stand correct for all the times to come in future if and a new entity accures international personality the definitions are become inadequate•

Public lnternatonal  Law and Private lnternatonal law:-

                              It is to  noted  that the expression "International Law " is identical with •

The so called "Public  International law" It as a system applies  to all states •

Thus ,primarily  and essential characteristics  of the Public  international law system  is its

Universality •It applies everywhere  including man's activities  in space  and in respect  of celestical  bodies, 

It is the quality of Universality that serves to Distinguish It from  private  International law  which is a law  of different  states  and which  concern  mainly  such  matters between  individuals  as fall at the same time under the jurisdiction  of tow or more different  states •

Contracts of sale or  service  between  person in different  countries  is an instance  which is governed  by the rules of Private  International law•

Such rules have evolve to aviod  the conflict  which  arise  due  to conflicting rules of municipal  laws of different  states •