One liner notes on Public International Law: Part 17

 

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 17

·        Textbooks or writings of scholars are used as a method of discovering what the law is on any particular point rather than as the source of actual rules, because they provide an explanation and understanding of the International principles and provide to fill the grey areas of International Law where treaties or customs do not exist.

·        The declarations of Security Council resolutions, declarations & recommendations adopted by the UN General Assembly, International morality and equity are the other factors that develop the usage of International Law.

·        In the Rann of Kutch Arbitration between India and Pakistan in 1968, the Tribunal agreed that equity formed part of international law and that accordingly, the parties could rely on such principles in the presentation of their cases.

·        States have international legal personality to the fullest extent.

·        States constitute one of the most important international organisations as they form the primary centre for the collection of the social activities of civilization.

·        Recognition of the state is an International Concept wherein a new state or an existing state is given a formal acknowledgement of being a member of the International community.

·        According to Article 1 of the Montevideo Convention on the Rights and Duties of States, 1933 and Oppenheim, the entity of a state can be created if it possesses the following characteristics: Defined Territory, Population, Government and Capacity to enter into a relationship with another state.

·        Recognition of statehood grants certain privileges in the form of rights, duties, and immunities which include the authority to enter into a foreign relation with another state, became a part of a treaty, the right to undergo succession and become a member of the United Nations.

 

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