In the second scenario, the prospects for judicial independence are again relatively favourable. The court is asked not to oppose a powerful actor on behalf of a weak player, but to choose the parties between two powerful actors impartially. Regardless of which side the court chooses, the result will be a two-on-one dynamic that should provide the court with some protection from reprisals. In such cases, the government does not pose a significant threat to the independence of the judiciary because it is at war with itself. The existence and adequacy of judicial independence becomes practical issues only when a court rules on a dispute concerning the interests of an actor or body with potential or real power over the court. In general, the more powerful the actor whose interests are at stake, the greater the need to protect the independence of the court from that actor. However, if both sides of the conflict are powerful, this symmetry of power can provide some or the necessary protection. The relationship and interaction between a national legal system (local law) and international law are complex and variable. National law can become an international law if treaties allow the national jurisdiction of supranational courts such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require that national law be in accordance with the provisions of the treaty. National laws or constitutions may also provide for the transposition or integration of international obligations into national law. When the modern system of international (public) law developed from the tradition of the Ius gentium of the late Middle Ages, it was called the law of nations, a direct translation of the concept ius gentium by Hugo Grotius and the rights of the people of Emer de Vattel. The modern term of international law was coined in 1789 by Jeremy Bentham and established itself in the 19th century.

[8] The 15th century saw a confluence of factors that contributed to the development of international law in its current framework. The influx of Greek scholars from the collapsing Byzantine Empire, as well as the introduction of the printing machine, stimulated the development of science, humanism and notions of individual rights. The strengthening of navigation and exploration by Europeans has invited scientists to develop a conceptual framework for relations with different peoples and cultures.