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 10
·
What is power of Courts to enforce international law in India?
o
Though Constitution of India imposes a duty of state to respect
international law, the jurisdiction of the court to enforce them in the
domestic arena has been limited by virtue of Article 37 and article 225. Thus
Courts in India are having limited jurisdiction and power to implement
international principles in domestic sphere.
·
Which principle is used for implementation of international law in
India?
o
Basic principle of equity, justice and good conscience is used to
transplant common law rules of international sphere into the Indian Municipal
Law.
·
Which article governs force of international practice in India?
o
Under Article 372 of the Constitution international practices will
have the force of law and India will be bound to observe the same. Therefore,
India will have the same legal practice of treating customary International Law
as part of the law of the land provided that it is not inconsistent with the
existing statutory provisions and the national charter.
·
Which articles of Constitution provide for implementing
international rules which are consistent to the law of land?
o
Composite reading of Article 51(c), Article 253 and Article 372
provide that India has respect to international law and it is not deviated from
common law position.
·
Which Article of the Constitution empowers the Parliament of India
to transform treaty laws into a domestic law?
o
Article 253.
·
How executive can bring Union of India into a foreign relation?
o
By virtue of Article 73, "The executive power extends to all
transactions which bring the Union into the relation with any foreign country
or other international person".
·
What is diplomatic envoy?
o
Diplomatic envoy is a person an agent to act as representative of
the Sovereign State and appointed for the purpose of doing work in other
countries. They are also called as Diplomatic Representative or Diplomatic
Agent.
·
What are the types of diplomatic envoys?
o
The types of diplomatic envoys are:
§
Ambassadors and legates
§
Minister plenipotentiary and envoys extraordinary
§
Charge-d-affaires
·
What is an ambassador?
o
representatives of the completely sovereign states
·
What is a legate?
o
permanent representative appointed by pope are called legates.
·
What are Minister plenipotentiary and envoys extraordinary?
o
Minister plenipotentiary and envoys extraordinary are second
category diplomatic envoys having less immunity as compared to an ambassador
and legate and are agents of secured category.
·
What are Charge-d-affaires?
o
Charge-d-affaires are the diplomatic agents not appointed by State
but appointed by Foreign Ministers of States.
·
Enlist the immunities and privileges of diplomatic envoys under
international law?
o
Following are the immunities and privileges of diplomatic envoys
under international law
§
Inviolability
§
Immunity from civil administrative jurisdiction
§
Immunity from criminal jurisdiction
§
Immunity regarding residence
§
Immunity from giving evidence in the court
§
Immunity from payment of taxes
§
Immunity from police rules and regulations
§
Right of worship and devotion to God
§
Immunity from local and military obligations
§
Right to exercise control and jurisdiction over their officers and
families.
§
Freedom of communication for official purpose
§
Right to travel freely in territory of receiving state
§
Immunity from social security provisions
§
Immunity from inspection of personal baggage
Thanks for reading till the end. Thanks
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students, and professionals.
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