One liner notes on Public International Law: Part 5

 

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 5

·        Prof. L. Oppenheim being the solid ally and supporter of realist theory or pragmatist hypothesis, accepts that as the law of nations is essentially a law between the states, to that degree, subjects of the law ought to be nations as it were.

·        Notwithstanding, the realist theory or pragmatist hypothesis has been scrutinized and criticised on the way that it neglects to clarify the instance of slaves and privateers as under international law, slaves have been deliberated for certain freedoms and rights, while the privateers are treated as foes of humankind.

·        Prof. Kelson is the ally of the fictional theory or anecdotal hypothesis and accepts that the obligations of the states are eventually the obligation of the people of the states and there is no contrast between the international law and civil law or municipal law and have been made to be material on the people as it were.

·        According to Functional Theory, neither state nor individuals are the only subjects.

·        States and individuals both are considered to be the subjects of modern International law as they both have recognised rights, duties and obligations.

·        In the present times, individuals have been conferred with certain rights and duties, e.g. International Covenant on human rights.

·        It is agreed that international organisations are also the subjects of international law.

·        The International Court of Justice held that the United Nation is an international person and is a subject of international law, capable of having rights and duties.

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