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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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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