Friday, 17 December 2021

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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One liner notes 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.

One liner notes on Public International Law: Part 3

 

·        As per Torsten Gihl, “The term International Law means the body of rules of law, which apply within the International Community or society of States.”

·        As per J.L. Brierly, “The Law of Nations or International Law may be defined as the body of rules and principles of action, which are binding upon civilized states in their relations with one another.”

·        Gray said, “International law or the Law of Nations is the name of a body of rules which according to their usual definitions regulate the conduct of states in their intercourse with each other.”

·        In Queen v. Keyn (1876), Lord Coleridge, C.J., defined International law as “The law of nations is that collection of usages which civilized States have agreed to observe in their dealings with one another.”

·        Hackworth similarly defines, “International Law consists of a body of rules governing the relations between States.”

·        According to Cobbett, International Law may be described as the sum of the rules accepted by civilized States as determining their conduct towards each other, and towards each other's subjects.

·        As per Fenwick International law may be defined in broad terms as the body of general principles and specific rules which are binding upon the members of the international community in their mutual relations.

·        The words ‘members of the international community' include States, international institutions, individuals and non-State entities.

·        Whiteman defined International law is the standard of conduct, at a given time, for States and other entities subject thereto.

·        International Law is, more or less, in a continual state of change and development.

·        Schwarzenberger defined International law as the body of legal rules which apply between sovereign States and such other entities as have been granted international personality.



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One liner notes on Public International Law: Part 2

 

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 2

·        International law is a system of treaties and agreements between nations that governs how nations interact with other nations, citizens of other nations, and businesses of other nations.

·        "Private international law" deals with controversies between private entities, such as people or corporations, which have a significant relationship to more than one nation.

·        Lawsuits arising from the toxic gas leak in Bhopal, India from industrial plants owned by Union Carbide, a U.S. corporation would be considered a matter of private international law.

·        “Public international law" concerns the relationships between nations.

·        According to Prof. L. Oppenheim, “Law of Nations or International Law is the name for the body of customary and conventional rules which are considered legally binding by the civilized states in their intercourse with each other.”

·        Universal Declaration of Human Rights and International Covenants of Human Rights further confirm that the individuals have become not only the subjects of international law but can also directly claim rights and remedies provided under international law.

·        The Charter of the UN begins with the words, “We the people of the United Nations …”.

·        Judge Jessup has therefore suggested an alternative name Trans-national law to include all law which regulates actions or events that transcend national frontiers.


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One liner notes on Public International Law: Part 1

 

Vande Matram!

These are some one liner notes on Public International Law. Read them carefully and note them for your knowledge.


·        The term ‘International law’, also referred to as Laws of Nations or Public International law was first coined by Jeramy Bentham in 1780.

·        Every country is referred to as ‘state’ in International Law.

·        Though international law can be traced to ancient Greece, Rome and India, it cannot be denied that the public international law which we know today has come to us through Europe.

·        International Law today is determined by the modem European system.

·        The term International Law or Law of Nations has been used in contradistinction to the National Law or Municipal Law which means the law of country.

·        International Law deals with States as legal and political entities and it applies to all the States equally without any regard to their size and power.

·        International Law is a body of rules and principles which regulate the conduct and relations of the members of the international community.

·        International law is the set of rules generally regarded and accepted as binding in relations between states and nations.

·        International law serves as the indispensable framework for the practice of stable and organized international relations.

·        International law differs from national legal systems in that it primarily concerns nations rather than private citizens.

·        International laws are a set of rules, agreements and treaties that are binding between countries.


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Land Laws in Maharashtra: Short Q and A: Part 3

 

Vande Matram!

This article is compilation of Short Questions and Answers on land laws in Maharashtra State of India. Read them carefully and note down for your knowledge.

Land Laws in Maharashtra: Short Q and A: Part 3

·         What is mean by ‘sale’?

o   The word “SALE” defined under Section 54 of “The Transfer of Property Act, 1882” is a transfer of ownership in exchange of price paid or promised or part-paid and part-promised.

·         What is mean by ‘deed’?

o   A deed (anciently evidence) is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions sealed.

·         What is mean by ‘Sale Deed’?

o   The word “SALE DEED” otherwise called as “Conveyance Deed” is a legal written document executed by the vendor and the purchaser which evidences the sale and transfer of ownership of the tangible immovable property.

·         What is use of ‘30 years revenue record’ or ‘search report’?

o   A search report traces the history of a property who was the original owner of the property and how it has moved hands over a period of time before reaching the present seller. The report traces any charges or encumbrances created on the property and their present status-whether the charges have been met and the property has been released, or if there are some charges pending still.

·         Who can prepare a search report?

o   A search report is usually prepared by an advocate, who after visiting the registrar’s office and inspecting the property documents, issues a title certificate.

·         Where one can inquire about the title of property?

o   One may do a survey of the title of the property himself also by visiting the office of the registrar.

·         What is period of a search report?

o   A search report of a property is taken for a period of the past 30 years.

·         Is Search Report of a property mandatory?

o   Yes, It is mandatory for a developer to annex a copy of the report in the ‘agreement to sell’ with the intended purchase.


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