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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