One liner notes on Public International Law: Part 17

 

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 17

·        Textbooks or writings of scholars are used as a method of discovering what the law is on any particular point rather than as the source of actual rules, because they provide an explanation and understanding of the International principles and provide to fill the grey areas of International Law where treaties or customs do not exist.

·        The declarations of Security Council resolutions, declarations & recommendations adopted by the UN General Assembly, International morality and equity are the other factors that develop the usage of International Law.

·        In the Rann of Kutch Arbitration between India and Pakistan in 1968, the Tribunal agreed that equity formed part of international law and that accordingly, the parties could rely on such principles in the presentation of their cases.

·        States have international legal personality to the fullest extent.

·        States constitute one of the most important international organisations as they form the primary centre for the collection of the social activities of civilization.

·        Recognition of the state is an International Concept wherein a new state or an existing state is given a formal acknowledgement of being a member of the International community.

·        According to Article 1 of the Montevideo Convention on the Rights and Duties of States, 1933 and Oppenheim, the entity of a state can be created if it possesses the following characteristics: Defined Territory, Population, Government and Capacity to enter into a relationship with another state.

·        Recognition of statehood grants certain privileges in the form of rights, duties, and immunities which include the authority to enter into a foreign relation with another state, became a part of a treaty, the right to undergo succession and become a member of the United Nations.

 

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One liner notes on Public International Law: Part 16

 

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 16

·        Article 38(1)(d) forms part of the material source of International Law also known as the secondary source.

·        Article 38(1)(d) states that judicial decisions and the teachings of the most highly qualified publicists of the various nations also help in guiding the formation of international law, however they are not binding but merely advisory in nature.

·        The court is authorised to apply previous decisions of the court which are also known as an evidence of international law.

·        Judicial Decision is subject to the exception stated under Article 59 of the statute which states that the previous decision of the court can only guide the court, it is not binding on the court.

·        One of the major examples of this includes the principle of the prohibition against the use or threat of use of force laid down by the court in the case of Nicaragua vs. USA which is now considered as a part of Customary International Law.

·        The judicial decision of the court also encompasses international arbitral awards and the rulings of national courts.

·        Alabama Claims arbitration, which marked the opening of a new era in the peaceful settlement of international disputes, in which increasing use was made of judicial and arbitration methods in resolving conflict.

·        In Island of Palmas case it has been referred that a unanimous or nearly unanimous decision plays an important role in the progressive development of the law.

·        Unanimous or nearly unanimous decision helps in providing a single view for interpretation of the issue at hand which helps in avoiding controversy during the development of International Law.

 

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One liner notes on Public International Law: Part 15

 

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 15

·        State practice to give rise to binding rules of customary International Law that practice must be uniform, consistent and general and must be coupled with a belief that the practice is obligatory rather than habitual.

·        Continuous and regular use of particular conduct is considered as a rule of customary law.

·        In the North Sea Continental Shelf cases, the ICJ stated that there is no precise length of time during which the practice of customs must exist.

·        In the Lotus case, opinio Juris was seen as an essential element of customary international law and this was affirmed in North Sea Continental Shelf Cases as well.

·        To assume the status of customary international law the rule in question must be regarded by the state as binding in Law i.e. the states must regard themselves as being under a legal obligation to follow the practice.

·        Ancient Ramayana epic denotes many customs which are followed by modern international law, e.g. State cannot kill or punish ambassadors of other states residing and visiting their nation.

·        Multilateral conventions relate to the treaties which formulate the universal or general application of the law and signed by more than two nations.

·        Bilateral conventions are those which are formed exclusively by two states to deal with a particular matter concerning these states.

·        As per Vienna Convention on the Law of Treaty 1969, “A treaty is an agreement whereby two or more states establish or seek to establish a relationship between them governed by international law.”

·        Treaties act as a direct source of rights and obligations for the states, as they codify the existing customary source of law.

·        Most modern jurists accept general principles of law as common to all national legal systems, insofar as they are applicable to the relations of States.

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One liner notes on Public International Law: Part 14

 

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 14

·        According to Hall and Lawrence, International Law is derived from custom and precedents which are a source of law and it is habitually treated like a certain kind of positive law.

·        Sir Frederick Pollock observed that for International Law to be binding upon the members, the only essential conditions are the existence of a political community and the recognition by its members of settled rules binding upon them in that capacity and International Law wholly satisfies these conditions.

·        According to Lawrence, if we take the source of law which has all the authority required to give it binding force, then in respect of International Law there is one source of law and that is the consent of Nations that may be either tacit (custom) or express (treaties).

·        Primary Sources of International Law include Treaties, Customs and principle of Law.

·        Article 38(1)(a-c) of the ICJ statute is widely recognised as the backbone of the formal source of International Law.

·        Article 38 of the Statute of the International Court of Justice in The Hague has been treated as a convenient catalogue of international legal sources.

·        Article 38(1)(a-c) of the ICJ was adopted by the same provision of the statute of the Permanent Court of International Justice which operated under the auspices/support of the League of Nations in 1920.

·        The original and the oldest source of Law is known as Custom.

·        The rules of customary International Law involved a long historical process which gained recognition by the entire community.

·        A rule of customary law is said to have two elements: first, there must be widespread and consistent State practice; and secondly, there has to be “opinio Juris”.

·        Opinio Juris a Latin term which means a legal obligation to believe in the existence of such law.

 

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One liner notes on Public International Law: Part 13

 

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 13

·        The Non-State Actor is concerned with the enforcement of International Law and its norms.

·        The non-state actors and non-government organisations have a positive impact on the national legal systems as they are aware of the International Laws and the non-state actors are also taking part in formulation of plans, and also draft different types of rules and regulations for protection of different entities in the world.

·        The term individual has a wide legal connotation, it is not something limited to a person, it may be an entity, an enterprise or big business conglomerate.

·        The individual is the basis on which the entire international law works because the objective of international law is to protect the interest of the individuals.

·        The objective of the International Law is to achieve global justice and resolve the dispute amicably, that ultimately helps individuals.

·        John Austin, a leading English writer on Jurisprudence supports the view that International Law is not a law.

·        According to Austin, International Law is a code of moral force and rules of conduct only.

·        Austin described International Law as the one consisting of positive International morality and opinions or sentiments which are followed by the nations as per their own wish.

·        Hobbes and Pufendorff are also of the view that International Law is not a true law as the law is not truly invested with true legal force and it is not backed by the command of a superior.

·        Holland is of the view that International Law is extremely different from ordinary laws as it is not supported by the State’s authority. As per Holland, the private law is writ large.

·        Holland describes International Law as the vanishing point of Jurisprudence.

·        Holland is of the view that as International Law lacks sanction, which is the most important element of Municipal Law, so it cannot be kept in the category of true law.

 

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One liner notes on Public International Law: Part 12

 

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 12

·        The regulation through checks and balances must be done to stop the arbitrary actions of these non-state actors.

·        The intent and objective of the non-state actors by their activities becomes apparent, and it helps to figure out whether they are helpful or not.

·        The state where authoritarianism prevails understood that on the International Forum, the legal responsibility of the non-state actor is not recognised and so they won’t be held liable for any of their deeds.

·        The state uses non-state actors as the fig leaves to evade any kind of accountability.

·        This relationship between state and non-state actors is evident when the state turns callous of their acts.

·        The non-state actors having the similar ideologies with the state help them in their elections and remove any kind of hindrances in their campaigning.

·        In some cases, the state may not be able to manipulate the non-state actors, but the non-state actors have robust establishment, with institutional and financial dominance in the state.

·        In the present scenario, the non-state actors have played an active role in the fields of human rights and the protection of the environment.

·        The organisation with the sole objective of advocating human rights has ensured and uplifted the condition of poor people in many countries.

·        The active role played by organisations with the sole objective of advocating human rights has helped the people with disabilities too, as one of these organisations participated in the drafting process of the UN Convention on Rights of Persons with Disabilities.

·        The non-state actors are allowed to participate in the drafting of conventions on special legal issues.

·        The most effective change brought by the non-state actors is in the field of environmental law.

 

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One liner notes on Public International Law: Part 11

 

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 11

·        The non-state actors have played a significant role in maneuvering different important tasks that fall within the ambit of International Law.

·        The non-state actors are struggling to get legal recognition under International Law.

·        The non-state actors are economically, financially, and strategically capable of doing things on the ground level.

·        Traditional international law did not allow the activities of non-state actors and did not even predate their existence, but with a sharp increase in the number of people who faced discrimination and persecution at the hands of sovereign governments or a race that faced ethnic cleansing.

·        According to one definition suggested by Andrew Caplan, the non-state actors, generally understood as, including any entity that is not a state, often referred to as a terrorist group, religious group, civil society, and corporations.

·        One of the pivotal reasons for not endowing the NSA with legal powers and giving them legal recognition was that the states in traditional International Law were reluctant to share their powers.

·        When the International law will legitimize the actions of the non-state actors then they also legitimize the unlawful actions of the non-state actors.

·        The Civil Society is one of non-state actors that complained against, President of Congo, for violating human rights on the International Forum. The President was summoned and enquired about the same and the appropriate action was taken against him.

 

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