Vande Matram!
These are some one-liner notes on Public International
Law. Read them carefully and note them for your knowledge.
Short Q and A on Public International Law: Part 1
·
What are the perspectives of Law?
o
Perspectives on Law---Divine origin, commend of the sovereign, Social Engineering, proven Conclusions, etc.
·
Where are the sources of International Law mentioned?
o
Article 38 of the Statute of ICJ
·
Is International Court a World Court?
o
No, in true sense International Court of Justice is
not a ―world court‖ in the true sense of the term. The
Court can only deal with a dispute when the States concerned have recognized
its jurisdiction.
·
What are the three basic structural blocks of the legal
system?
o
executive, judicial, and legislative.
·
Does international law have three basic structural
blocks?
o
No, in International Law there is No world
legislature, No world executive, and No world judiciary
·
Does domestic law or municipal law have three basic
structural blocks?
o
Domestic law, on the other hand, consists of all three
branches of government – executive, judicial, and legislative.
·
What is State responsibility in International Law?
o
State responsibility in international law refers to
liability.
o
State responsibility applies both to
§
obligations arising from breaches of principles of
general international law and
§
obligations arising from treaties and conventions.
o
State responsibility is closely linked to
§
the procedure for making claims,
§
the mechanisms for peaceful settlement of disputes,
and
§
the questions of remedies for breach of obligations.
o
State is responsible for
§
responsibility for breach of treaty or contractual
obligations,
§
expropriation of property, and
§
responsibility for international delinquencies and
claims
·
Why it is necessary to implement International Law?
o
It is necessary to implement international law because:
§
Changing Notions of State Sovereignty
§
Globalization and its Impact on Society
§
Independent States to Interdependent states
§
Law Makers to Law Takers
§
Role of States as Regulator to Facilitator
§
Status of IL is changing from a weak (unenforceable)
to strong (enforceable) Law
§
Implementation not by coercion or compulsion but by
consensus or cooperation
·
Enlist the theories of implementation of International
Law in a State?
o
These are different theories of implementation of
International Law in a State
§
Monist School
§
Dualist School
§
Transformation or Specific Adoption Theory
§
Delegation Theory
§
Harmonization Theory
Thanks for reading till the end. Thanks
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students, and professionals.
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