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 6
·
What are the examples of law-making treaties?
o
Examples of law-making treaties are:
§
Pact of Paris 1956;
§
Hague conventions of 1899 & 1907,
§
Peace Treaty 1919,
§
Treaty for the Renunciation of War, 1929,
§
Geneva Convention relating to Prisoners of War 1929,
§
Conventions of the Law of the Sea Conference 1958, etc
·
What does international custom manifest?
o
This is the original source of international law and it manifests
§
Diplomatic Correspondence of States,
§
Practice of International Organisations
§
State Court's decisions,
§
State Practice
§
Administrative actions
·
What is custom?
o
Custom is the practice of rules for many years and such
practice is continuous and uniform.
·
What are tests of custom?
o
Custom has to satisfy the following tests to become the source of law:
§
Corpus test
§
Animus test
·
What is a corpus test?
o
Corpus test is a material fact of the actual observance of a line
of conduct by the States.
·
What is meant by the animus test?
o
Animus test means there must be an intention to follow the custom.
·
When will General Principles of law be recognised by Civilized Nations
applied?
o
If there is no International Treaty or International Custom, the
court applies General Principles of law recognised by Civilized Nations
·
What is an essential duty of the Court?
o
One of the essential duties of the Court is to decide the case and
not to plead its inability or helplessness on the ground that the law is silent
or obscure. Hence, it may evolve a process to arrive at a general principle by
taking into consideration the Municipal laws of the major countries of the
World.
·
When a rule of municipal law can be declared as the rule of
international law?
o
If the Court finds that a rule has been accepted generally as a
fundamental rule of justice by most Nations in their Municipal Law, it may be
declared as a rule of International Law.
·
What judicial precedents are used as the source of international law?
o
The decisions of the I.C.J., the P.C.I.J., the International Arbitration
Tribunals, and the National Supreme Courts form the fourth source of
International Law.
·
How international law is meant for individuals of a state?
o
As Westlake opines 'The rights & duties of the States are
ultimately the rights and duties of men that compose them. Hence, though the
States are normal subjects, they may endow the individuals with International rights & duties and to that extent make them subjects of
International law.
·
How pirates are subject of international law?
o
Pirates who commit Piracy Jure Gentium on the high seas are liable
to punishment under International law. To that extent, they are the subjects of
International law, but some jurists call them objects.
·
How slaves are subject of international law?
o
International convention has provided for the abolition of slavery.
The convention also provides for the rights of the slaves. They enjoy these
rights as subjects of International law.
·
What is Belligerent?
o
Belligerent means a nation or person engaged in war or conflict,
as recognized by international law.
Thanks for reading till the end. Thanks
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students, and professionals.
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