The theoretical foundation of international law is a complex and multi-faceted topic that has been the subject of much debate and discussion over the years. International law is a set of rules and principles that govern the relations between states and other international actors, such as international organizations and non-state actors. The theoretical foundation of international law is important because it provides a framework for understanding the nature and scope of international law, as well as the ways in which it is created, interpreted, and enforced.

One of the key theoretical foundations of international law is the idea of the “rule of law.” The rule of law is a principle that holds that all individuals and entities, including states, should be subject to the same set of rules and that these rules should be clear, stable, and predictable. This principle is often seen as a key aspect of the theoretical foundation of international law because it helps to ensure that international relations are conducted in a fair and orderly manner, and that disputes between states can be resolved through peaceful means.

Another important theoretical foundation of international law is the idea of “sovereignty.” Sovereignty is the principle that states are the ultimate authority within their own territory and that they have the right to govern themselves without external interference. This principle is important because it helps to ensure that states are able to govern themselves in a way that reflects the will of their own people, and that they are able to make decisions that are in their own best interests.

The idea of “natural law” is also an important theoretical foundation of international law. Natural law is a set of principles that are believed to be inherent in human nature and that are used to guide human behavior. This principle is often seen as a key aspect of the theoretical foundation of international law because it helps to ensure that international relations are conducted in a way that is consistent with human nature and that is in line with the moral and ethical values of the international community.

In addition to these principles, the theoretical foundation of international law is also shaped by a number of other factors, such as the role of international organizations, the role of non-state actors, and the impact of globalization. International organizations, such as the United Nations, play a crucial role in the creation, interpretation, and enforcement of international law. Non-state actors, such as multinational corporations and non-governmental organizations, are also increasingly important in the international legal system. Finally, the impact of globalization has led to a growing interconnectedness between states and other international actors, which has had a significant impact on the theoretical foundation of international law.

There have been several landmark judgements on international law in India, some of the notable ones are:

1. The ICJ judgement in the case of the “Berubari Union and Exchange of Enclaves” (1960), India and Pakistan sought the Court’s opinion on the legality of the proposed transfer of certain enclaves between the two countries. The Court found that the transfer of the enclaves would not be in violation of international law.
2. The ICJ judgement in the case of “Kulbhushan Jadhav” (2019) was a high-profile case in which India challenged Pakistan’s decision to sentence an Indian national to death for alleged espionage. The court found that Pakistan had violated the Vienna Convention on Consular Relations by failing to notify India of Jadhav’s arrest and by denying him consular access.
3. India v. Italy and Marine Salvatore Girone (2015) was a case in which India sought the enforcement of an arbitral award against Italy in a dispute concerning the arrest and detention of two Italian marines. India’s position was that the marines’ detention was in accordance with international law while Italy’s position was that the marines should be immune from prosecution. The Supreme Court of India held that the marines were not immune from prosecution under Indian law, and that the award was enforceable under Indian law.
4. “Air India v. Nargesh Meerza” (1981) was a case where the Indian Supreme Court held that the act of hijacking an aircraft is a crime under international law and India was under an obligation to prosecute the offenders.
5. “S.S. Lotus (France v. Turkey)” (1927) was a case before the Permanent Court of International Justice, in which Turkey was accused of having caused the collision of the French steamship Lotus with a Turkish steamer. The Court held that Turkey was responsible for the collision under the rules of international law, and that Turkey was liable to pay damages to France.

In conclusion, the theoretical foundation of international law is a complex and multi-faceted topic that is shaped by a number of different factors. The principles of the rule of law, sovereignty, and natural law are all important aspects of the theoretical foundation of international law, as they help to ensure that international relations are conducted in a fair and orderly manner and that disputes between states can be resolved through peaceful means. Other factors, such as the role of international organizations, the role of non-state actors, and the impact of globalization, also play a crucial role in shaping the theoretical foundation of international law.