Sunday, November 11, 2018

PUBLIC INTERNATIONAL LAW NOTES


Sri. Abhilash

Sources of international law
  International custom
  International convention
  General principles recognized by civilized nations
  Decisions of judicial or arbitral tribunals and juristic works
  Decisions or determinations of the organs of international institutions
  International comity
  State paper
  State guidance for their officers
  Reason
  Equity and justice
  Resolution and declarations of General Assembly of the UN as the source of universal international law
International custom
       Original and Oldest source (Art 38(b) of ICJ Statute)
       Custom and usage
       Usage- the early stage/twilight stage of custom. When custom begins usage ends
       Usage we means those habits which are often repeated by the states. It is an international habit which has yet not received the force of law  
Material test and psychological test
       When states in their international relation starts behaving in a particular way in certain circumstances, it is expected that in the similar circumstances they will behave in the same way. This is called the usage. But when this usage receives the general acceptance of recognition by the states in their relations with each other, there develops a conception that such a habit or behavior has become right as well as obligation of the states and in this way usage as that obtained the force of law  
Ingredients or elements of custom
  Long duration
  Uniformity and consistency
  Generality of practice (universality of practice is not necessary)
  Opinio juris et necessitatis
       General recognition among states of a certain practice ‘as law’ [general practice accepted as law]
  Right of passage over Indian territory case [Portugal v India]
International Conventions
  Treaties are agreements between subjects of international law creating a binding obligation in international law
  Law making treaties
       Treaties enunciating rules of universal international law
       International treaties which lay down general principles
  Treaty Contracts
Steps in formation of treaties
  Accrediting of persons on behalf of contracting parties
  Negotiation and adoption
  Signature
  Ratification
  Accession or adhesion
       States which are not parties may also accept it later on (accession). Even after the prescribed number of parties have signed, other states may also accept/adhere to that treaty (adhesion)   
  Entry into force
  Registration and publication (Art 102)
  Application and enforcement
Termination of treaties
  By act of parties
  By operation of law
By operation of law
  Extinction of either party to a bilateral treaty
  Outbreak of war
       Treaties relating to completed situations such as fixation of boundaries, treaty relating to the rules of war, multilateral treaties relating to health, service, protection of industrial property etc do not completely end at the outbreak of war
  A material breach of bilateral treaty
  Impossibility of performance
  Expiration of fixed term
  Successive Denunciation
  Rebus Sic Stantibus
       It means that when the fundamental circumstances under which the treaty was entered into change then this change entitles the other party to terminate the treaty.
  Jus Cogens
       A treaty is void, if at the time of its conclusion, it conflicts with a peremptory norm of general international law.
       A peremptory norm of general international law is a norm accepted and recognized by the international community of states as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.
Pacta terties nec nocent nec prosunt
  The maxim states that only the parties to an international treaty are bound by it. (Article 34 of VCLT of 1969)
  Exceptions
       Treaties which concern the right of the third party
       Treaties which declare the established customary international law
       Treaties which create new rules of international law
       Treaties which have universal application (UN Charter).
       When a treaty imposes some obligation on a third party and third State party accepts that obligation.
General principles of law recognized by civilized nations
       Art 38 (1) (C) of ICJ Statute
       Two view are prevalent
      General principle which are found in domestic jurisprudence and can be applied in international legal questions.
      Transformation of the broad universal principles of law applied to all mankind into specific rules of ‘international’
       Examples: res judicata, res subjudice, equal and proper opportunity of hearing to both parties, estoppel, subrogation, prescription etc  
Decisions of Judicial or Arbitral tribunal and Juristic work
  Article 59 of ICJ Statute: the decisions of the court will have ‘no binding force except between the parties and in respect of the particular case’
  The Paquete Habana and the Lola
Decisions or determinations of the organs of International Institutions
  Development of international institutions
  WHO, ILO, FAO, UPU, ITU, ICAO etc
  International Comity
  State Paper
  State guidance for their officers
  Reason
  Equity and Justice [fairness, reasonableness]
  Resolution and Declarations of General Assembly of the UN as the source of universal international law
  Ex aequo et bono [Art 38(2) of ICJ Statute]
  Court can go outside the realm of law for reaching a decision, if parties are agreed thereto
Relationship between international law and municipal law
Monism
  The exponent of this theory emphasise the scientific analysis of the internal structure of law. According to them law is a unified branch of knowledge, no matter whether it applies on person or other entities. According to monist belief, international obligation and municipal rules are facets of same phenomenon, the two deriving ultimately from one basic norm and belonging to the unitary order comprised by the conception of law.
  In the ultimate analysis of law, man is at the root to all laws. All laws are made for men and men only in the ultimate analysis.
  Monism is a sound theory. But in actual practice states do not follow this theory.
Dualism
  According to this theory, international law and municipal law are two separate systems of laws. Dualism is based on the complete sovereignty of States. Triepel has pointed out the following difference between international law and municipal law. (a) Regarding Subjects- Individual is the subject of State law, whereas State is the subject of international law, (b) Regarding origin- Origin of State law is the will of the State whereas origin of the international law is the common will of States.
Specific adoption theory
  According to this theory, international law cannot be directly enforced in the field of State law. In order to enforce it in the field of municipal law, it is necessary to make its specific adoption.
Transformation Theory
  The exponents of this theory contend that for the application of international law in the field of municipal law, the rules of international law have to undergo transformation.
Delegation Theory
  The proponents of this theory point out that the constitutional rule of international law permit each State to determine as to how international treaties will become applicable in the field of State law. Thus there is no transformation nor is there specific adoption in every case.
British practices regarding customary international law
  In Britain, customary rules of international law are treated as a part of British laws. However applicability is subjected to the following conditions. (a) rules of international law should not be inconsistent with the British Statutes; (b) if the highest court once determines the scope of a customary rule of international law, then all the courts in Britain are bound by it.
Following is the influence of the British practice in regard to the customary rules of international law.
  Rules of Construction- The British courts interpret the parliamentary statutes in such a way that they should not go against international law. The presumption is that parliament never intends to violate international law. But this rule is applicable only when the provisions of the Statutes are ambiguous.
  Rule of Evidence- In Britain, the rules of international law need not be proved through evidence
Following are the exceptions of the British practice in regard to customary rules of international law.
  Acts of State do not come within the purview of the British Courts, irrespective of the violation of international law.
  Prerogative powers of Crown- In some matters like giving recognition to a new States, the British Courts are bound to obey the prerogative powers of Crown.
British Practice as to treaties.
  In regard to treaties, the British practice is based on the constitutional principles governing the relationship between Executive or Crown and Parliament. In Britain, it is necessary that some type of treaties should receive the consent of parliament. Such type of treaties are (a) treaties which affect the rights of British citizens (b) treaties which amend or modify common law or statutes law of Britain (c) treaties which confer additional power on Crown (d) treaties which impose additional financial burden on the government.
American Practice
  In America, customary rules of international law are treated as a part of American law.
  Article VI of the American constitution provides that constitution of the United States, all laws made in pursuance thereof and the international treaties entered into under the authority of the United States shall be the supreme law of the land. So if there is a conflict in between international treaty and a State law, whichever is later in date shall prevail. If there is a conflict between American Constitution and an international treaty, the American Constitution will prevail.
  In America treaties have been divided into two categories- Self executing treaties and non self executing treaties.
  Self executing treaties are those treaties which become applicable in America without any Act or consent of the Congress. On the other hand non self executing treaties are those which can become applicable in America only after the consent of the Congress or through its adoption by a specific statute.   
History and development of international law
Origin
  Oppenheim: its origin essentially a product of Christian civilization [euro centric approach]
  Originated as a definite branch of jurisprudence in 16th and 17th century
  Jews, Romans, Greeks, Arabs, Hindus, Muslims contributed to the origin and development of international law
  Discovery of trade routes
Development
  Treaty of Westphalia, 1648 ended thirty year war and accepted new political order in Europe and the emergence of modern nation- state concept
  Industrial revolution and search for market, colonialism
  Hugo Grotius [father of international law]
  Mare Liberum
  De Jure Belli ac Pacis (Law of War and Peace)
  Main characteristics
  (i) Grotius advocated that the States should also be subject to the same rules which regulate the individuals
  (ii) he formate the law of peace which subsequently become the basis of his whole system
  (iii) he contented that the states violating the law may be punished by other states
  (iv) In his view, the natural law (right reason) was the basis for determining rules for the rightful conduct of States  
Development during 19th and 20th century
       Congress of Vienna, 1815 [European conference where many rules such as rules relating to international rivers, classification of diplomatic agents etc were made]
       Declaration of Paris, 1856 [rules relating to naval warfare]
       Geneva Convention, 1864 [rules relating to warfare]
       Hague Conferences of 1899 and 1907 [settlement of international disputes through peaceful means and the establishment of the Permanent Court of Arbitration
       The League of Nations, 1919 [established under the treaty of Versailles, 1919, established the covenant of league of nations, established Permanent Court of International Justice]
       Treaty of Locarno 1925 [parties undertook the obligation of not using force in the settlement of their boundary disputes]
       Kellog-Briand or Paris Pact, 1928 [parties renounced war as an instrument of their national policy for the settlement of international disputes]
       Geneva Convention, 1929 [POW]
       The United Nations Organization, 1945
Subjects of International Law
3 theories
  State alone are the subjects of international law
  Individuals alone are the subjects of international law
  States are the main subjects of international law, but to a lesser extent individuals and certain non-State entities, have certain rights and duties under international law
  Reparation for injuries suffered in the service of the UN
  The Nuremburg and Tokyo Tribunals
  Geneva Convention on the POW
  Genocide Convention, 1948
State
  A permanent population
  A definite territory
  A government
  Sovereignty or capacity to enter into relations with other states or capacity to fulfill international obligations
Different kinds of States and non-State entities
  Confederation [formed by independent states, no international personality, independence in external and internal matters]
  Federal State [formed by the merger of two or more independent states, have international personality, division of power Example: USA, Switzerland]
  Vassal State [a State under the suzerainty of another state is called vassal state, no independence] 
  Protectorate State [independent state but under the protection of another state, free to decide internal matters] [foreign policy, defence etc are under the authority of another state]
  Holy See or Vatican City
Definition of international law
  Oppenheim- Law of Nations or international law is the name for the body of customary and conventional rules which are considered legally binding by civilized States in their intercourse with each other.
New definition (9th ed)
  International law is the body of rules which are legally binding on states in their intercourse with each other. These rules are primarily those which govern the relation of states, but states are not the only subjects of international law. International organizations and to some extent, also individuals may be subjects of rights conferred and duties imposed by international law. 
State Responsibility
  Obligation or responsibility of states towards other states
  The rules of international law as to state responsibility concern the circumstances in which and the principles whereby the injured state becomes entitled to redress for the damage suffered
  Original and Vicarious responsibility
  Original responsibility is borne by a state for acts which are directly imputable to it, such as acts of its government, or those of its officials or private individuals performed at the government’s command or with its authorization
  Vicarious responsibility arises out of acts of private individuals and of officials acting without authorization 
International Delinquency
  It is any injury to another State committed by the head or government of a state in violation of an international legal duty.
  It ranges from ordinary violation of treaty obligation to international criminal acts
  It is a wrongful act committed by a state which is not a breach of a purely contractual obligation. It is a wrongful act which is the breach of international obligation and is independent of any contractual obligation
Notion of Imputability
  If the organ or official of a State has committed a wrongful act, and the conduct in breach of international law is imputed from the organ or official to the State
  Imputability depends upon 2 conditions
       (a) conduct of a state organ or official in breach of an obligation defined in a rule of international law
       (b) that according to international law, the breach will be attributed to the state. 
  Responsibility begins where imputability ends
  Youmans case
  State responsibility for injury to aliens
       State responsibility for acts of private individuals
       State responsibility for acts of mob-violence
  United States Diplomatic and Consular Staff in Tehran
  Reparation of injuries suffered in the service of the UN
       State responsibility for acts of insurgents
       Calvo doctrine and expropriation clause
  State responsibility for acts of government organs
  State responsibility for contracts with foreigners 
  Breach of treaty or contractual obligation
  Expropriation of foreign property
Defences to state liability
  Consent
  Counter measure in respect of an internationally wrongful act
  Force majeure and fortuitous event
  Distress
  State of necessity
  Self-defence
Recognition
  Prof. Oppenheim: “In recognizing a State as member of international community, the existing state declare that in their opinion the new state fulfils the conditions of statehood as required under international law”
  Fenwick: “through recognition the members of the international community formally acknowledge that the new state has acquired international personality”
Theories of Recognition
Constitutive theory
  A state is, and becomes, an international person, through recognition only and exclusively. Statehood and participation in the international legal order are attained by political group only in so far as they are recognized by established state. Until and unless a state is recognized, it cannot acquire rights under international law.
Declaratory theory
  According to this theory, statehood or the authority of the new government exists as such prior to and independently of recognition. Recognition is merely a formal acknowledgment through which established facts are accepted. The act of recognition is merely declaratory of an existing fact that a particular state or government possesses the essential attributes as required under international law
  “Recognition is declaratory of an existing fact but constitutive in nature”
Modes of recognition
  De facto recognition
       Provisional or first stage of recognition
  De jure recognition
       It is final and once given cannot be withdrawn
       Generally 3 conditions to grant de jure recognition
   (i) a reasonable assurance of stability and permanence
   (ii) the government should command the general support of the population
   (iii) it should be able and willing to fulfill its international obligation 
  Luther v Sagor [there is no distinction between de facto and de jure recognition for the purpose of giving effect to the internal acts of the recognized authority].
  Bank of Ethopia v National Bank of Egypt and Liquori
  The Arantzazu Mendi
Legal effects of recognition
  The recognized state becomes entitled to sue in the courts of the recognizing state
  The courts of the recognizing state given effect to the past as well as present legislation and executive acts of the recognized state
  In  case of de jure recognition, diplomatic relations are established and the rules of international law relating to privileges and immunities apply
  A recognized state is entitled to sovereign immunity for itself as well as its property in the courts of the recognizing state
  The recognized state is also entitled to the succession and possession of the property situated in the territory of the recognizing state
  Bank of China v Wells Fargo Bank & Union Trust Co. (1952)
  Implied recognition
  Collective recognition
  Recognition subject to a condition
  Retroactive effects of recognition
  Civil Air Transport Incorporated Co v Central Air Transport Corporation
  Estrada doctrine
  In this doctrine Estrada declared that regarding the establishment of diplomatic relations with other states, Mexico government considers itself free to determine it in accordance with the facts and circumstances of each case.
  Stimpson doctrine
  If a state grants recognition to another state in violation of international treaty, such a recognition would not be valid.
  Hallestein doctrine
State Succession
       State succession occurs when a state ceases to exist or a new state is formed within the territory of an existing state or territory is transferred from one state to another state.
       According to Prof. Oppenheim, “A succession of international person occurs when one or more international persons take place of another international person, in consequence of certain changes in the latter’s condition.
Kinds of Succession
  Universal Succession
  Partial Succession
Universal Succession
  (a) when one State is completely absorbed in another State either through subjugation or voluntary merger
  (b) when a State breaks into several parts and each part becomes a separate international person or are annexed by surrounding international persons
Partial Succession
       (a) when a part of the State revolts and after achieving freedom becomes a separate international person.
       (b) when a part of a State is ceded to another State
       (c) when a sovereign State loses a part of its independence by joining the federal State or when a State accepts the suzerainty or becomes a protectorate of another State.
Theories of State Succession
  Theory of Continuity
       The theory of universal succession
       The theory of popular continuity
       The theory of organic substitution
       The theory of self abnegation
  Negative Theories
  Theories importing international law
  Communist theory of state succession
Rights and duties arising out of state succession
       Political rights and duties
       Local rights and duties
       Fiscal property debts
       Contracts
      West Rand Central Gold Mining Co. Ltd v King
       Concessionary contracts
      Premchibar v Union of India
       Civil laws
       Unliquidated damages for torts
      Robert E. Brown’s claim case
       Nationality
       Succession to property situated in foreign state
       Succession of states in respect of treaties
       Clean state rule
      A newly independent state is unencumbered by the obligations and commitments of the predecessor state
       Moving treaty frontiers rule
      This rule is based on the association of a territory with an already established state and on the basis of the prior legal nexus a newly independent state is entitled to claim its succession to multilateral treaties
Intervention
       Defined as dictatorial interference by a state in the affairs of another state for the purpose of maintaining or altering the actual condition of things
       Article 2(4) of UN Charter: “All members shall refrain in their international relations from the threat or use of force, against the territorial integrity or political independence of any state or in any other manner inconsistent with the purpose of United Nations”
      Only Exception: individual and collective self defence (Article 51)
       Article 2(7) refrain UN from interfering in States
       Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the UN, 1970
       Declaration on the Enhancement of the Effectiveness of the principle of refraining from the Threat or use of Force in International Relations, 1987
Grounds of intervention
Self defence
  Mr. Webster (US Secretary of States) defined self defence in the case The Caroline (1841). He declared that the necessity of self defence should be instant, overwhelming and leaving no choice of means and no moment for deliberation
  The Corfu Channel Case (1949)
Other grounds (not legal now)
       1. Intervention on humanitarian ground
       2. To enforce treaty rights
       3. intervention to prevent illegal intervention
       4. balance of power
       5. for protection of persons and property
       6. collective intervention or collective measures
       7. intervention to maintain international law
       8. intervention in Civil War
      Monroe doctrine (1823)
       It contains three points
       The states of American continent would no more be made subject of colonisation in future
       America would not interfere in the mutual wars of European States
       If European States interfered in the affairs of American Continent, America would consider it unfriendly act, and would take necessary action in this connection
      Drago doctrine
       According to this doctrine European States could not intervene in the affairs of States of American Continent on the ground of claiming public debts
State Jurisdiction
  Territorial Sovereignty
       Subjective territorial Principle
       Objective territorial Principle
  Extra territorial Sovereignty
  Chung chi Cheung v The King
  Criminal Jurisdiction
       Passive nationality principle
       Active nationality principle
  S S Lotus case
Exceptions of the exercise of jurisdiction
  Diplomatic agents
  Foreign embassies
  Foreign sovereigns
       Mighell v Sultan of Johore
       The Parliament Belge
  Public property of foreign sovereign state
  International organisations
  Foreign troops
  Warship and their crew
State Territory
  Portion of globe which is subjected to the sovereignty of a state.
  Modes of acquiring territory
  Occupation
       It is the act of appropriation by a state by which it intentionally acquires sovereignty over such territory as it is at the time not under the sovereignty of another state
       possession and administration
  Island of Palmas case
  Prescription
       If a state exercises control and establishes occupation over a particular territory for a long time and thus exercises defacto sovereignty over it, then the territory concerned becomes a part of that state
  Accretion
       Territory is added mainly through natural causes
  Cession
  Annexation
  Lease
  Pledge
  Plebiscite
  Newly emerged states
Mode of loss of territory
  Cession
  Subjugation
  Prescription
  Revolt
  Dereliction
       By renunciation of a territory
  Granting independence to colony state
Extradition
  Extradition is the delivery of an accused or a convicted individual to the state on whose territory he is alleged to have committed or to have been convicted of a crime, by the state on whose territory the alleged criminal happens to be for the time being
  There is no general duty upon states to extradite.  It mainly guided by extradition treaty
  The Extradition Act, 1962
Conditions of extradition
  Political criminals
       Re Castioni
       Re Meunier
  The Belgian Attentat Clause
       It provided that murder of the Head of a foreign government or of a member of his family, should not be considered a political crime
  Military criminals
  Religious crimes
  The rule of speciality
       An accused is extradited for a particular crime, and the country which gets back the criminal is entitled to prosecute that person only for the crime for which he was extradited.
       U S v Rauscher
  Double Criminality
  A prima facie case should be there
  States generally do not extradite its own citizens
  Savarkar’s case
Asylum
  Active protection extended to a political refugee from state by a state which admits him on his request
  Art 14 of UDHR states that every one has a right to seek and enjoy in other countries asylum from prosecution
  Territorial and extra territorial asylum
Diplomatic Agents
  The functions of a diplomatic mission consist (a) representing the sending state in the receiving state (b) protecting in the receiving state the intersts of the sending state and of its nationals (c) negotiating with the government of the receiving state (d) ascertainment by all lawful means conditions and developments in the receiving state and reporting thereon to the government of the sending state (e) promoting friendly relations between the sending state and the receiving state and developing their economic, cultural and scientific relations
Immunities and privileges
  Inviolability
  Immunity from criminal jurisdiction
  Immunity from civil jurisdiction
  Immunity regarding residence
  Immunity from being presented as witness
  Immunity from tax dues etc
  Immunity from police rules
  Right to worship
  Right to exercise control and jurisdiction over their officers and families
  Right to travel freely in territory of the receiving state
  Freedom of communication for official purpose
  Immunity from local and military obligations
  Immunity from inspection of personal baggage
  Immunity from social security provisions
Duties of diplomatic agents
  Duty to respect laws and regulations of the receiving state
  Duty not to interfere in the internal affairs of the state
  Official business should be conducted through the ministry of foreign affairs
  Premises of mission not to be used in any manner incompatible with the function of the mission
  Not to practice for personal profit any professional or commercial activities
Termination of diplomatic mission
  Recall of envoy
  Notification in regard to the end of envoys functions
  On request of the receiving state
  By delivery of passport
  Persona non gratia (undesirable person)
  End of the object of mission
  Expiration of letter of credence (end of a fixed term).




PUBLIC INTERNATIONAL LAW
Difference between Private International Law and Public International Law
Private international law
Public international law
Deals with individuals
Mainly deals with States and to lesser extent individuals
It is a part of Municipal law
Not always the case of public international law (to certain extent customary rules of international law)
Different in different states
Same for all the states
It deals with the case having a foreign element
No such problem
Determines the court having the jurisdiction
No such problem
Made by legislature of the states
Mainly rules recognized by States in their relation with each other

Is international law a positive morality?
Whether international law is a law or not?
Whether international law is the vanishing point of jurisprudence?
       The term law cannot be limited to rules of conduct enacted by a sovereign authority. Historical school of jurisprudence is an example. In primitive society there was no sovereign authority yet there were laws
       Austinian concept of law fails to account customary rules of international law. Common law of England is an example
       Customary rules of international law are being replaced by treaties. Law making treaties like Geneva and Hague conventions have binding effect although they do not emanate from a sovereign political authority
       When international questions arise, states do not rely upon moral arguments but rely upon treaties, precedents etc
       States do not deny the existence of international law. On the contrary, they interpret international law so as to justify their conduct
       Some states like USA and UK are treating international law as part of their own law.
       ICJ is deciding dispute as per international law
       ICJ decisions are binding upon parties
       UN is based on the true legality of international law
       International law has sanctions
       International law may be frequently violated, but it does not mean that international law is not law
Basis of international law
       Theories as to Law of Nature
      International law is a part of law of nature. Secularized by Hugo Grotius. Natural law was the dictate of right reason
      It is vague and uncertain. Different versions exists. Not based on the reality and actual practices of state
Positivism
       Law which is in fact as contrasted with law which ought to be
       Law enacted by appropriate legislative authority is binding
       The will of the state is the main source
       State should consented to be bound by international law
       Custom
       General international law
       Some principles are binding
      Theory of consent
       Consent is the basis of int law
      Auto limitation theory
       Int law is binding upon states because they have restricted their powers through the process of auto limitation and agreed to abide by int law
      Pacta Sunt Servanda (Art 26 of VCLT)
       Means that agreement entered into by states will be respected and followed by them in good faith
      Theory of fundamental rights
       States also possess certain fundamental rights like equality, independence etc


UNITED NATIONS ORGANISATIONS
Functions of UN
       To maintain international peace and security, and to that end: to take effective collective measures
       To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples
       To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion
       To be a centre for harmonizing the actions of nations in the attainment of these common ends
Principles
       principle of the sovereign equality of all its Members
       fulfill in good faith the obligations assumed by them in accordance with the present Charter
       settle their international disputes by peaceful means
       All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state (principle of non intervention)
       All members shall give the UN every assistance in common action
       States which are not members of the UN act in accordance with these principles
       Non-intervention in the domestic matters of States
General Assembly
       the General Assembly occupies a central position as the chief deliberative, policymaking and representative organ of the United Nations.
       It also plays a significant role in the process of standard-setting and the codification of international law.
According to the Charter of the United Nations, the General Assembly may:
       Consider and approve the United Nations budget and establish the financial assessments of Member States
       Elect the non-permanent members of the Security Council and the members of other United Nations councils and organs and, on the recommendation of the Security Council, appoint the Secretary-General
       Consider and make recommendations on the general principles of cooperation for maintaining international peace and security, including disarmament
       Discuss any question relating to international peace and security and, except where a dispute or situation is currently being discussed by the Security Council, make recommendations on it
       Discuss, with the same exception, and make recommendations on any questions within the scope of the Charter or affecting the powers and functions of any organ of the United Nations
       initiate studies and make recommendations to promote international political cooperation, the development and codification of international law, the realization of human rights and fundamental freedoms, and international collaboration in the economic, social, humanitarian, cultural, educational and health fields
       Make recommendations for the peaceful settlement of any situation that might impair friendly relations among nations
       Consider reports from the Security Council and other United Nations organs
       The Assembly may also take action in cases of a threat to the peace, breach of peace or act of aggression, when the Security Council has failed to act owing to the negative vote of a permanent member. In such instances, according to its “Uniting for Peace” resolution of November 1950 (resolution 377 (V)) the Assembly may consider the matter immediately and recommend to its Members collective measures to maintain or restore international peace and security;
       The Assembly has initiated actions — political, economic, humanitarian, social and legal — which have affected the lives of millions of people throughout the world.
Security Council
       to maintain international peace and security in accordance with the principles and purposes of the United Nations;
       to investigate any dispute or situation which might lead to international friction;
       to recommend methods of adjusting such disputes or the terms of settlement;
       to formulate plans for the establishment of a system to regulate armaments;
       to determine the existence of a threat to the peace or act of aggression and to recommend what action should be taken;
       to call on Members to apply economic sanctions and other measures not involving the use of force to prevent or stop aggression;
       to take military action against an aggressor;
       to recommend the admission of new Members;
       to exercise the trusteeship functions of the United Nations in "strategic areas";
       to recommend to the General Assembly the appointment of the Secretary-General and, together with the Assembly, to elect the Judges of the International Court of Justice.
       Veto and double veto
Economic and Social Council
       The Ecosoc may make or initiate studies and reports with respect to international economic, social, cultural, educational, health, and related matters and may make recommendations
       make recommendations for the purpose of promoting respect for, and observance of, human rights and fundamental freedoms for all
       may prepare draft conventions for submission to the General Assembly
       It may co-ordinate the activities of the specialized agencies
International Court of Justice
       The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the United Nations and began work in April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands).
       The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies.
       The Court is composed of 15 judges, who are elected for terms of office of nine years by the United Nations General Assembly and the Security Council. It is assisted by a Registry, its administrative organ. Its official languages are English and French.
Jurisdiction
       Contentious Jurisdiction
       Advisory Jurisdiction
The Law of Sea
       UN conferences of Sea 1958, 1960 and 1982
      Convention on the Territorial Sea and Contiguous Zone
      Convention on the High Sea
      Convention on Fishing and Conservation of Living Resources
      Convention on the Continental Shelf
       Territorial Waters, Continental Shelf, Exculsive Economic one and other Maritime Zones Act, 1976
Maritime belt or Territorial Water
       It is that belt of the sea which is adjacent to the coastal state and over which the coastal State exercises the sovereignty. It includes sea bed and subsoil and air space over the territorial sea.
       Canon shot rule
       12 nautical mile from the base line (Art 3 of UNCLOS 1982)
       Equidistance special circumstances rule
Contiguous Zone
       In a zone contiguous to its territory sea, the coastal state may exercise the control necessary to (a) prevent infringement of its customs, fiscal, immigration or sanitary regulations with its territory or territory sea (b) punish, infringement of the above regulations committed within its territory or territory sea.
       24 nautical miles from the base line. 
Continental shelf
       It is (a) the sea bed and subsoil of the submarine areas adjacent to the coast, but outside the area of the territorial sea to a depth of 200 meters or beyond that limit to where the depth of superjacent waters admits of the exploitation of the natural resources of the said areas (b) to the sea bed and sub soil of similar submarine areas adjacent to the coast of island
Exclusive Economic Zone (200 N M)
       In the EEZ, the coastal state has
      (a) Sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non living, of the seabed and subsoil and the superjacent waters, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water currents and winds
      (b) jurisdiction for (i) the establishment and use of artificial islands, installation and structures (ii) marine scientific research (iii) the protection and preservation of the marine environment
High Seas
       The freedoms of high seas are (1) freedom for navigation (ii) over flight (iii) freedom to lay submarine cables and pipelines (iv) freedom to construct artificial islands and other installations permitted under international law (v) freedom of fishing (vi) freedom of scientific research
Hot pursuit
       The hot pursuit of a foreign ship may be undertaken when the competent authorities of the state have good reason to believe that the ship has violated the laws and regulations of that state.  Such pursuit must be commenced when the foreign ship or one of its boats is within the internal waters, the territorial sea or the contiguous zone of the pursing state and may only be continued outside the territorial sea or the contiguous zone if the pursuit has not been interrupted. Hot pursuit ceases as soon as it enters the territorial sea of its own state or of a third state
International sea bed Area
       The Area has been defined as the sea bed and ocean floor and sub soil thereof beyond the limits of national jurisdiction.
       International Tribunal for the Law of Sea and the Sea-Bed Chamber
Settlement of international disputes
       Hague conferences 1899 and 1907
       Dispute between states
       Arbitration
      Permanent Court of Arbitration
       Judicial settlements
       Negotiations
       Good offices
       Mediation
       Conciliation
       Enquiry
       Settlement of international disputes under the auspices of UN
       Retorsion (retaliation)
       Reprisal (coercive method)
       Embargo
       Pacific Blockade
       Intervention
       Settlement under UN
Air and Space Law
       Paris convention of Aerial Navigation 1919
       Warsaw Convention 1929
       Chicago Convention 1944
      Recognizes the complete sovereignty over the air space above its territory
      Authorization by agreement or otherwise needed for innocent passage over the air space
      Aircraft have the nationality of the state in which they are registered
Five freedoms of Air
       Freedom to fly across foreign territory without landing
       Freedom to land for non traffic purpose
       Freedom to disembark in foreign territory traffic originating in the state of the origin of the craft
       Freedom to pick up in any foreign country traffic destined for the state of origin of aircraft
       Freedom to carry traffic between two foreign countries
Outer Space
       The Outer Space Treaty 1967
      Outer space shall be free for exploitation without discrimination
      It is not subject to national appropriation
      Parties shall not place in orbit any weapons
      Celestial bodies shall be used exclusively for peaceful purposes
      Astronauts are considered as envoy of mankind and shall render to them all possible assistance
      Parties shall bear international responsibilities
      Internationally liable for damages
      Parties retain jurisdiction over objects and personnels
       The agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, 1967
       The Convention on international Liability for Damages caused by Space Objects, 1971
       The Convention on Registration of Objects Launched into Outer Space, 1974
       The agreement Governing the Activities of States on the Moon and other Celestial Bodies, 1979
       Vienna Conference on the Exploration and Peaceful Uses of Outer Space (UNISPACE - 82)
Antarctica Treaty 1961
       The area is to be used for peaceful purposes only; military activity, such as weapons testing, is prohibited but military personnel and equipment may be used for scientific research or any other peaceful purpose;
       Freedom of scientific investigations and cooperation shall continue;
       Free exchange of information and personnel in cooperation with the United Nations and other international agencies
       The treaty does not recognize, dispute, nor establish territorial sovereignty claims; no new claims shall be asserted while the treaty is in force;
       The treaty prohibits nuclear explosions or disposal of radioactive wastes;
       Includes under the treaty all land and ice shelves but not the surrounding waters south of 60 degrees 00 minutes south;
       Treaty-state observers have free access, including aerial observation, to any area and may inspect all stations, installations, and equipment; advance notice of all activities and of the introduction of military personnel must be given;
       Allows for good jurisdiction over observers and scientists by their own states;
       Frequent consultative meetings take place among member nations;
       All treaty states will discourage activities by any country in Antarctica that are contrary to the treaty;
       All disputes to be settled peacefully by the parties concerned or, ultimately, by the International Court of Justice
       Agreed Measures for the Conservation of Antarctic Fauna and Flora (1964) (entered into force in 1982)
       The Convention for the Conservation of Antarctic Seals (1972)
       The Convention for the Conservation of Antarctic Marine Living Resources (1982)
       The Convention on the Regulation of Antarctic Mineral Resource Activities (1988) (signed in 1988, not in force)
       The Protocol on Environmental Protection to the Antarctic Treaty was signed October 4, 1991

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