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 5
·
What is international law?
o
International Law is defined as a body of principles & rules
commonly observed by States in their mutual relationship with each other.
·
What are the contents of international law?
o
International law includes law relating to
§
States
§
international organisations
§
international institutions
§
non-State entities
§
individuals
·
Who opined that international law has only moral force?
o
Austin opined that International Law was not law at all and called
it a 'Positive International Morality' and hence it had only moral force.
·
What is the opinion of Holland on international law?
o
Holland said that international law was at the vanishing point of
jurisprudence.
·
How customary rules and rules of morality are founded?
o
Customary rules or rules of morality are founded on conscience.
·
Who forms the international community?
o
States form the international community.
·
What is the content of the body of international rules?
o
Body of international rules includes treaties, international
customs, Declarations by international conferences of States, Conventions ratified
by nations, UN charters, International Court of Justice Statute, etc.
·
Give examples of enforcement of international law?
o
Following are the examples of international law:
§
Pacific settlement under the UN charter
§
Self-help of states
§
Punishment of offenders
§
Resolving political questions through General Assembly or Security
Council
§
Arbitration procedures are there for resolving civil and
commercial matters at the international level
§
Interpol is also there for sanction of criminal activities
·
Who said that ‘weak law is also a law’?
o
Oppenheim concluded, Compared to Municipal Law, international law
is a weak law, but a weak law is still a law.
·
What is meant by ‘source of law’?
o
‘Source of law’ means the ultimate origin from which the law
originates.
·
What are the sources of law as per Article 38 of the ICJ Statute:
o
Article 38 of the ICJ Statute provides the following sources of
international law based on primacy before the court:
§
a) International Conventions or treaties.
§
b) International Customary Law.
§
c) General Principles of law recognised by Civilised Nations.
§
d) Judicial Precedents.
§
e) Juristic Writings.
§
f) Ex aequo et bono. (Equity & good conscience)
·
What are the types of treaties?
o
Treaties are of two types:
§
(i) Law-making
§
(ii) Treaty-contract
Thanks for reading till the end. Thanks
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