One liner notes on Public International Law: Part 10

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 10

·        A Dutch Scholar Hugo Grotius, born in 1583, has been celebrated as the father of International Law.

·        Grotius treatise De Jure Belli ac Pacis has been acknowledged as the most comprehensive and systematic treatise of positivists international law.

·        One central doctrine in Grotius treatise was the acceptance of the law of nature as an independent source of the rule of law of nations apart from customs.

·        Grotius work was continually relied decisions of courts, textbooks, and writings of standing decisions.

·        With the greater technological advancement and development of new warfare methods, it became necessary to regulate the behaviour of the states with the help of a legal framework.

·        The International Committee of the Red Cross was founded in 1863 which helped to promote the series of Geneva Conventions beginning in 1864.

·        Geneva Conventions conventions dealt with the ‘humanisation’ of conflict.

·        The Hague Conferences of 1899 and 1907 helped in establishing the Permanent Court of Arbitration which dealt with the treatment of prisoners and the control of warfare.

·        The Permanent Court of International Justice was established in 1921 after World War I and was succeeded in 1946 by the International Court of Justice.

·        The United Nations founded the International Court of Justice which has now expanded the scope of International Law to include different aspects of the issues that affect a vast and complex area of international rules such as International Crime, Environment law, Nuclear law etc.

·        The ICJ was created as a judicial body to hear cases involving disputes between nation-states.

·        ICJ is made up of 15 judges, elected for nine-year terms.

·        The judges of ICJ are elected by the U.N. General Assembly and the Security Council, based on nominations made to the Secretary-General.

 

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One liner notes on Public International Law: Part 9

 

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 9

·        There is no authority for the enforcement of the international law.

·        Once a decision is given by International Court of Justice, there is no such power or authority which can get it enforced.

·        As the international laws are based on treaties and conventions, they are interpreted by states according to their self-interests.

·        There is no fear of sanctions, which has resulted in laws being violated frequently by the states as there is no authority for effective sanctions.

·        According to Article 2(7) of UNO Charter, UNO cannot interfere in the domestic matters of the states, which makes international laws ineffective and weak.

·        Treaty of Westphalia provides Public International Law, the structure and order, for developing it in terms of the present-day society.

·        Ideas revolving around natural Law formed the basis of philosophies given by the early theorists.

·        In the middle ages, two sets of international law, namely Lex Mercatoria (Law of Merchant) and the Maritime Customary Law were developed to deal with problems that transcended international boundaries.

·        With the revival of trade in the 10th century, merchants started to travel all throughout Europe in order to sell, buy and place orders for various goods. These commercial activities required the establishment of a common legal framework.

·        The Evolution of Modern International Law was done by a British historical lawyer, Maine.

·        International law became geographically internationalised through the expansion of the European empires, which was less universal in conception and more, theoretically as well as practically, a reflection of European values.

 

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One liner notes on Public International Law: Part 8

 

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 8

·        If an American man and an Indian woman were married in India and now live in Los Angeles. In case they ever want a divorce, the rules of private international law will determine where they will be required to go, either to the US or to an Indian court to get divorced.

·        If you are defrauded by a foreign country’s personal/private entity or organisation, then the rules of private international law will apply if you want to sue.

·        Supranational Law refers to a situation in which a nation/state surrenders to a court of its choice, its right to make certain judicial decisions, which will take priority over the decision made by the national courts.

·        If the supranational law is represented by the European Union (EU), all the courts within the member states of the EU are overruled by the European Court of Justice in accordance with EU laws.

·        It can be said without a doubt that International laws have protected the interests of states, especially of those, which have no power to protect their own interests.

·        The World Food Programme, a part of the UN, which is a subject of international law, is a large humanitarian agency which fights hunger worldwide and delivers food assistance in case of emergencies.

·        International Law has played a vital role in the welfare of human beings.

·        There are various international treaties for the promotion of fundamental human rights, justice and equality, like the Universal Declaration of Human Rights.

·        International law has brought unity among different nations/states as no one state can be separated from the other. Every state has become the need of the other one.

 

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One liner notes on Public International Law: Part 7

 

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 7

·        In Austin's View International law is certifiably not a genuine law.

·        As indicated by Austin, law is the order of the sovereign rebuffed by sanctions in the event that the order is abused by the person.

·        There should be a legislative authority ordering enacting the rule of conduct and enforcing physical sanction along with the standard of direct and upholding actual authorization.

·        In light of what Austin said, it tends to be presumed that any rule or regulation which isn't enacted or authorized by any prevalent or superior or authoritative or legislative power, can't be viewed as a law and besides, assuming laws are abused, sanctions should be forced.

·        One might say that rules are just ethically and morally legitimate if they aren't given by any sovereign power.

·        If we apply this hypothesis of authoritative power to International law, we will see there is no authoritative or legislative control over the general public, in light of which Austin inferred that International laws are simply founded on morals and ethical quality and isn't correct law.

·        As indicated by Oppenheim, laws are only a collection of rules for human lead inside a local area, which can be implemented by an outer power on the off chance that there's a typical assent of the local area for the equivalent.

·        In light of what Oppenheim said, we can presume that, initially, there should be a local area, furthermore, a collection of rule of lead overseeing the local area should be there and thirdly, normal assent among the local area for the guidelines to be implemented power should be available.

 

 

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One liner notes on Public International Law: Part 6

 

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 6

·        Jus Gentium is referred to as ‘laws of nations’ in Latin. It is considered to be those set of rules part of those portions of law mutually governing a relationship between two nations and do not form part of a legal code or a statute.

·        Jus inter gentes is referred to as ‘law between the people’. It is considered to be those agreements and treaties, mutually accepted by both countries.

·        International Law can be broadly divided into three types: Public International law, Private International law and Supranational Law.

·        Public International Law refers to rules and regulations governing international relations between different states and international institutions.

·        The Sovereignty of states is the idea that the state is supreme and it can’t be a subject to other states’ rules and regulations.

·        No state can be forced to sign a treaty.

·        States are free to accept or decline to sign an international treaty or agreement.

·        Private International Law is also referred to as, ‘Conflict of laws’ and the phrase was used by Ulrich Huber in his book- ”De Conflictu Legum Diversarum in Diversis Imperiis” in 1689 very first time.

·        Private International Law establishes and deals with the relationship between citizens/private entities of different countries.

 

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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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One liner notes on Public International Law: Part 4

 

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 4

·        Subject of international law is referred to as entities who have a legal personality, with certain rights and duties under the international legal system.

·        The state is considered to be the primary and original subject of international law.

·        Common people of any state are also believed to be the subject of international law.

·        International Organisation is an association of states, established by a treaty between two or more states.

·        International Organisations have a legal personality and are considered to be the subject of international law.

·        Multinational Company possesses and works its corporate substances in without a doubt another country beside the spot where it was established originally, along these lines it is set up in more than one country.

·        According to realist theory, only the Nation/States are considered to be the subject of international laws.

·        Realist theory relies on the principle that it is for the nation/state that the concept of international law came into existence.

·        The countries/states are particular and separate elements, adequately fit to have their own privileges, commitments and obligations, having the capacity to keep up with their freedoms under worldwide law.

·        Supporters of fictional theory suggest that the subjects of international law are the individuals only and that legal order is for the well-being of the individuals.

·        Fictional theory firmly believes that the Nation/state are nothing but aggregate of individuals as subjects.  

·        Even if the theory of Kelson appears logically sound, it is seen that the international law’s primary concern is with the rights and duties of the states.

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