One liner notes on Public International Law: Part 15

 

Vande Matram!

These are some one liner notes on Public International Law. Read them carefully and note them for your knowledge.

One liner notes on Public International Law: Part 15

·        State practice to give rise to binding rules of customary International Law that practice must be uniform, consistent and general and must be coupled with a belief that the practice is obligatory rather than habitual.

·        Continuous and regular use of particular conduct is considered as a rule of customary law.

·        In the North Sea Continental Shelf cases, the ICJ stated that there is no precise length of time during which the practice of customs must exist.

·        In the Lotus case, opinio Juris was seen as an essential element of customary international law and this was affirmed in North Sea Continental Shelf Cases as well.

·        To assume the status of customary international law the rule in question must be regarded by the state as binding in Law i.e. the states must regard themselves as being under a legal obligation to follow the practice.

·        Ancient Ramayana epic denotes many customs which are followed by modern international law, e.g. State cannot kill or punish ambassadors of other states residing and visiting their nation.

·        Multilateral conventions relate to the treaties which formulate the universal or general application of the law and signed by more than two nations.

·        Bilateral conventions are those which are formed exclusively by two states to deal with a particular matter concerning these states.

·        As per Vienna Convention on the Law of Treaty 1969, “A treaty is an agreement whereby two or more states establish or seek to establish a relationship between them governed by international law.”

·        Treaties act as a direct source of rights and obligations for the states, as they codify the existing customary source of law.

·        Most modern jurists accept general principles of law as common to all national legal systems, insofar as they are applicable to the relations of States.

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