International law as it exists today dates from the late sixteenth century. Early international law was concerned with the waging of war,the establishment of peace,and other such political issues as diplomatic recognition of national entities and government. Thus , while elaborate international rules gradually emerged covering, for example, the status of neutral nations, the creation in the nineteenth century of laws governing commerce was done on a state-by-state basis.
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INTERNATIONAL LAW AS LEGAL AND REGULATORY ENVIRONMENT
This perpetuated the major split in legal systems between those areas under English influence founded on common law and those under the influence of the old Roman law and later the Napoleonic code based on civil or code law. Under civil law the judicial system is divided into civil, commercial and criminal law.
Thus , commercial law has its own administrative structure and property rights, for example, are established by a formal registration of the property. Under common law on the other hand the law is established by the creation of precedents rulings, and commercial law until recently was not recognized as a special entity. Property rights, under common law are based on ownership established by use. A significant recent development is the Uniform commercial code, now recognized by 49 U.S.states, which brings together a body of specifically designed rules covering commercial conduct.
international law may be defined as the rules and principles that states and nations consider binding upon themselves . This raises the first of two unique characteristics of international law: Those areas in which law has been written are those that have always belonged to individual states or nations- property,trade,immigration and so on-and the law now exists only to the extent that individual states are willing to relinquish their rights in these areas. Whereas the law was at first an amalgam of treaties, convenants, code, and agreements, there is an increasing codification of law starting with the formation by the United states in 1947 of the International law commission . To this may be added the rulings of the permanent court of International Justice (1920-1945).
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