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 9
·
What is de jure recognition of a state?
o
De jure recognition of a state is final, binding, permanent and
cannot be withdrawn.
·
What are the effects of de jure recognition of a state?
o
De jure recognition of a state is
§
final, binding, permanent and cannot be withdrawn
§
De jure is given if the granting State, is fully satisfied about
the International capacity of the insurgent state.
§
de jure deals with the juridical status.
·
When does recognising state grant de jure recognition?
o
The recognising State grants recognistion de jure, when the
recognised state has fulfilled the requirements for statehood and has the capacity
to follow International obligations.
·
What are the disciplines of international law?
o
International law has three different disciplines:
§
Public International law
§
Private international law
§
Supranational law
·
What is aspect of Public International law?
o
Public International law governs the relationship between
provinces and international entities.
·
What are the legal fields under Public International law?
o
the legal fields under Public International law are
§
treaty law,
§
law of sea,
§
international criminal law
§
the laws of war
§
international humanitarian law.
·
What are the aspects of private international law?
o
Private international law, or conflict of laws, is a body of law
developed to resolve private, non-state disputes which addresses the questions
of :
§
which jurisdiction may hear a case, and
§
the law concerning which jurisdiction applies to the issues in the
case.
·
What is supranational law?
o
Supranational law or the law of supranational organizations, which
concerns regional agreements where the laws of nation states may be held
inapplicable when conflicting with a supranational legal system when that
nation has a treaty obligation to a supranational collective.
·
What is jus gentium?
o
Jus gentium includes body of treaties, U.N. conventions, and other
international agreements [law of nations] – Law is common to all nations etc.
·
What is jus inter gentes?
o
Jus inter gentes include agreements between nations.
·
What is general rule of implementation of treaty when it is in
conflict with municipal law of a state who had ratified such treaty?
o
As per Article 27 of Vienna Convention on the Law of Treaties if a
nation had ratified a treaty and its municipal law is in conflict with
provisions of treaty then the state is still obliged to meet its obligations
under the treaty. The municipal law includes State’s Constitution.
·
What is exception to the provisions of Article 27 of Vienna
Convention on the Law of Treaties?
o
As per Article 46 of Vienna Convention on the Law of Treaties, if rule
of municipal law is of fundamental importance which is in conflict with
provisions of treaty.
·
What is harmonization?
o
As per harmonization, if there is a conflict, domestic law is
applied within the domestic legal system, leaving the State responsible at the
international level for any breach of its international law obligations.
Thanks for reading till the end. Thanks
for reading till the end. Please share this article with all law aspirants,
students, and professionals.
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