Short Q and A on Public International Law: Part 3

 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 3

·         What is a non-self-executing treaty?

o   A non-self-executing treaty directly incorporated, but need for additional implementing legislation before application in the domestic system.

·         How municipal and international laws are implemented in USSR/Soviet Russia/Russia?

o   In USSR, as per Article 29 of the Soviet constitution, municipal law and international law were treated as two separate legal systems not subordinate to each other.

·         What are the principles of the USSR with other states?

o   As per Article 29 of the Soviet constitution the relation of the USSR with other states were based on the following principles:

§  Sovereign equality

§  Mutual renunciation of threat or use of force

§  Territorial integrity of states

§  Peaceful settlement of disputes

§  Non-intervention in internal affairs

§  Respect to human rights and fundamental freedoms

§  Co-operations among states

§  Fulfilment in good faith of obligations arising from generally recognised principles, rules of international law, from treaties signed by the USSR

§  In USSR international treaties and internal statutes were given equal statutes.

·         How does India follow the implementation of International Law in the State?

o   India follows the Dualism and Transformation and adoption

·         What was the practice of implementation of International Law in India before enforcement of its Constitution?

o   British Practice

·         What are the constitutional provisions of the implementation of international law in India?

o   Following are the constitutional provisions of the implementation of international law in India:

§  General art. 51

§  Executive Provisions art. 53, 73, & 77

§  Legislative Provisions art. 245, 253

·         How customary rules were treated in British Practice?

o   British used to treat customary rules of international law as a part of their own laws. But subject to the conditions that the customary rules of International law should not be inconsistent (should be consistent) with the British statutes.

·         What is British practice regarding rules laid by treaties?

o   In British practice, rules laid by treaties need consent from British Parliament and such rules can be adopted in the State laws with the help of the statutes by the parliament.

·         What are the provisions of Article 51 of the Constitution of India to implement international law?

o   Article 51 of the Constitution of India provides that State (India) should endeavour to

§  promote international peace and security

§  maintain just and honorable relations between nations

§  foster respect for international law & treaty obligations in dealings of organised people with one another.

§  Encourage settlement of international disputes by arbitration.

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