Public Int. Law - LLB - IV Semester - Prolegalminds

ProLegal Minds & Co
LAW FIRM FOR NATURAL JUSTICE

@prolegalminds
LL.B 3YDC - IV SEMESTER
Public
International Law
www.prolegalminds.com
2024
OSMANIA UNIVERSITY
FACULTY OF LAW
PREFACE
Public International Law (PIL) occupies a unique position in the realm of legal studies,
encompassing principles and norms that govern relations between states and other
international actors. As globalization continues to reshape the landscape of international
affairs, understanding PIL becomes increasingly essential for legal scholars, practitioners, and
policymakers alike. This book aims to provide a comprehensive overview of PIL, covering key
principles, doctrines, and contemporary issues shaping the field.
Divided into three parts, this book offers a structured approach to exploring the complexities of
Public International Law:
Part I: Fundamental Concepts

In this section, readers will find an introduction to the foundational principles and concepts of
PIL. From the sources of international law to the principles of state sovereignty and jurisdiction,
Part I provides a solid grounding in the basic tenets of international legal order.
Part II: Substantive Areas of PIL

Part II delves into various substantive areas of PIL, examining topics such as international
human rights law, the law of treaties, diplomatic and consular law, and the law of the sea. Each
chapter offers detailed explanations of relevant legal frameworks, treaties, and customary
norms, providing readers with a comprehensive understanding of key PIL subjects.
Part III: Contemporary Challenges and Case Studies

The final part of the book explores contemporary challenges and case studies in PIL. From
addressing global issues such as climate change and terrorism to examining recent
developments in international dispute resolution, Part III offers insights into the evolving nature
of PIL and its relevance in addressing pressing global challenges.
Whether you are a law student, legal practitioner, or policymaker, this book aims to serve as a
valuable resource for understanding the complexities of Public International Law. With its
emphasis on clarity, relevance, and practical application, it is designed to facilitate learning and
foster a deeper appreciation for the role of PIL in shaping the modern world order.
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LL.B. IV SEMESTER
PAPER-II
Public International Law

Content
PART A - SHORT ANSWERS - 6 MARKS

PART B - LONG ANSWERS - 15 MARKS
PART C - CASE LAWS - 10 MARKS
LAND MARK CASES
Suggested Readings
1. Malcolm N. Shaw - International Law - Cambridge University Press
2. James Crawford - Brownlie's Principles of Public International Law - Oxford University Press
3. David Harris and Sandesh Sivakumaran - International Law: Text, Cases, and Materials -
Cambridge University Press
4. David Harris and Sandesh Sivakumaran - Cases and Materials on International Law - Oxford
University Press
5. H.O. Agarwal - Public International Law - Central Law Publications
6. S.K. Kapoor - International Law and Human Rights - Central Law Agency
7. I.A. Shearer - Starke’s International Law - Oxford University Press
8. Sanford R. Silverburg (Editor) - International Law: Contemporary Issues and Future
Developments - Routledge
9. Alexander Orakhelashvili - Akehurst's Modern Introduction to International Law - Routledge
10. Stefan Oeter and Christopher Daase (Editors) - International Law in a Transformed World -
Nomos Publishers
Disclaimer : This guide is meticulously curated using a variety of reference books, with AI
utilized to assist in selecting the most suitable answers for each question and case law.
Extensive research has been undertaken to compile the content, aiming to streamline
students' study processes, save time on research, and empower them to focus on achieving
distinctions in their exams. Our objective is to offer the most reliable content to law students,
enhancing their competency and knowledge. The guide has been reviewed by our expert legal
panel to ensure error-free content; however, there may still be occasional errors that elude
human detection. If you come across any material errors in the content, please do not
hesitate to reach out to us.
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LL.B. IV SEMESTER
PAPER-II
Public International Law

Syllabus
Unit-I:
Definition, Nature, Scope and Importance of International Law — Relation of
International Law to Municipal Law — Sources of International Law —Codification.
Unit-II:
State Recognition — State Succession — Responsibility of States for International
delinquencies — State Territory — Modes of acquiring State Territory
Unit-III:
Position of Individual in International Law — Nationality — Extradition —
Asylum — Privileges and Immunities of Diplomatic Envoys — Treaties –
Formation of Treaties - Modes of Consent, Reservation and termination.
Unit-IV:
The Legal Regime of the Seas – Evolution of the Law of the Sea – Freedoms of
the High Seas – Common Heritage of Mankind – United Nations Convention on
the Law of the Seas – Legal Regime of Airspace – Important
Conventions relating to Airspace – Paris, Havana, Warsaw and Chicago
Conventions – Five Freedoms of Air – Legal Regime of Outer space – Important
Conventions such as Outer space Treaty, Agreement on Rescue and
Return of Astronauts, Liability Convention, and Agreement on Registration of
Space objects, Moon Treaty - Uni space.
Unit-V:
International Organizations — League of Nations and United Nations —
International Court of Justice —International Criminal Court - Specialized
agencies of the UN — WHO, UNESCO, ILO, IMF and WTO.
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LL.B. IV SEMESTER
PAPER-II
Public PART
International
A- QUESTION
Law
1. Source of International law
2. Modes of acquiring territories
3. Treaties
4. Chicago Convention
5. ICC
6. IMF
7. Dejure Recognition
8. Freedoms of high seas
9. State Responsibility
10. Double Criminality
11. Nottebohm’s Case
12. Conditional Recognition
13. International court of justice
14. General assembly
15. Security council.
16. International Custom
17. Legal Effects of recognition
18. Double Nationality
19. UNESCO
20. Outer Space Treaty
21. Formation of International Treaties
22. Hot Pursuit
23. Drago Doctrine
24. Found freedoms of Air.
25. Monism ( Monistic Theory )
26. Extradition
27. Defacto Recoginition
28. Pacta Santservanda
29. ECOSOC
30. Innocent Passage
31. UNCTAD
32. ILO ( The international Labour Organisation )
33. WHO ( World Health Organisation )
34. Jurisdiction of ICJ
35. Optional Clause
36. UNISPACE
37. Meaning international Law
38. International Delequencies
39. Nationalitity
40. WTO
41. Difference between extradition and asylum
42. Five freedowns of AIR
43. Discuss the sources of international law as mentioned under Art 38(1) of the statute of international
court of justice.
44. Holland said “ International law is vanishing point of jurisprudence”. Critically analyse this statement
45. Discuss the salient features of Moon Treaty, 1979
LL.B. IV SEMESTER PAPER II 6 PUBLIC INTERNATIONAL LAW
1.SOURCE OF INTERNATIONAL LAW
International law governs the relations between sovereign states and other international actors.
Understanding the sources of international law is crucial for comprehending its legal framework and
application. Article 38(1) of the Statute of the International Court of Justice (ICJ) outlines the primary
sources of international law, which include treaties, customary international law, general principles of law
recognized by civilized nations, and judicial decisions and teachings of highly qualified publicists.
Treaties:
Treaties, also known as conventions, agreements, or protocols, are one of the primary sources of
international law. Treaties are formal agreements between states and other international entities, binding
parties to their provisions. They can cover a wide range of subjects, from human rights to trade and
environmental protection. Treaties can be bilateral or multilateral, and they play a crucial role in shaping
the legal obligations of states in the international arena. Treaties are typically written documents governed
by international law principles such as pacta sunt servanda (agreements must be kept).
Customary International Law:

Customary international law is another fundamental source of international law, representing the practices
and beliefs of states that are accepted as legally binding. Customary international law develops from the
consistent and general practice of states, accompanied by a belief that such practices are legally
obligatory (opinio juris). Unlike treaties, customary international law does not require a written agreement
but arises from state practice over time. Examples include the prohibition of genocide and the principle of
diplomatic immunity. Customary international law is essential for filling gaps in treaty law and providing
norms that bind all states, regardless of their treaty obligations.
General Principles of Law:

General principles of law recognized by civilized nations serve as a supplementary source of international
law. These principles encompass fundamental legal concepts common to many legal systems, such as
equity, justice, and fairness. While not explicitly codified, these principles guide the interpretation and
application of international law, particularly in cases where treaties and customary law are silent or
ambiguous. For instance, the principle of ex aequo et bono allows international tribunals to decide cases
based on fairness rather than strict legal rules.
Judicial Decisions and Teachings of Highly Qualified Publicists:

Judicial decisions from international courts and tribunals, as well as the writings of legal scholars and
experts, contribute to the development and interpretation of international law. While not binding in
themselves, judicial decisions serve as persuasive authority and help clarify legal principles and
precedents. The ICJ, as the principal judicial organ of the United Nations, plays a significant role in shaping
international law through its judgments and advisory opinions. Similarly, the writings of highly qualified
publicists, such as legal scholars and practitioners, provide valuable insights into the interpretation and
application of international legal norms. These writings help elucidate complex legal issues and contribute
to the progressive development of international law.
Conclusion:
In conclusion, Article 38(1) of the Statute of the International Court of Justice enumerates the primary
sources of international law, including treaties, customary international law, general principles of law
recognized by civilized nations, and judicial decisions and teachings of highly qualified publicists. These
sources collectively form the legal foundation upon which the international community operates, guiding
the conduct of states and other international actors. Understanding the sources of international law is
essential for practitioners, scholars, and policymakers alike, as they navigate the complex landscape of
global relations and strive to uphold the principles of justice, equality, and peace on the international stage.
2.MODES OF ACQUIRING TERRITORIES

The acquisition of territories has been a significant aspect of international law throughout history. Various
modes of acquiring territories have evolved over time, reflecting the changing dynamics of statehood,
sovereignty, and territorial expansion. Understanding these modes is crucial for analyzing the legal
implications of territorial acquisitions and their impact on the international community.
1. Treaty:
Treaties are one of the most common and recognized modes of acquiring territories. States may voluntarily
transfer sovereignty over a territory through bilateral or multilateral agreements. Such treaties typically
involve negotiated terms and conditions regarding the transfer of territory, including boundaries, rights of
inhabitants, and any special arrangements. For example, the Louisiana Purchase in 1803 between the
United States and France transferred vast territories from French control to American sovereignty,
significantly expanding the territorial boundaries of the United States.
2. Cession:
Cession refers to the transfer of territory from one state to another through a formal agreement or treaty.
This mode often involves a surrender of sovereignty by the ceding state in favor of the acquiring state.
Cessions may occur as a result of conquest, negotiation, or exchange between states. The Treaty of
Versailles in 1919, which concluded World War I, required Germany to cede territories to various Allied
powers as part of the peace settlement. Cession agreements typically specify the terms of transfer and
may include provisions for the protection of the rights of the affected population.
3. Conquest:
Historically, conquest has been a common means of acquiring territories, although its legality under
international law has evolved over time. Conquest involves the acquisition of territory through military
force, often without the consent of the existing sovereign. While conquest was once widely accepted as a
legitimate mode of territorial acquisition, modern international law prohibits the acquisition of territory by
force. The principle of uti possidetis juris, which recognizes pre-existing administrative boundaries as the
basis for post-colonial state borders, has further limited the legitimacy of conquest as a means of acquiring
territory.
4. Occupation:
Occupation refers to the acquisition of territory that is not subject to the sovereignty of any state, such as
unclaimed land or territory abandoned by its previous sovereign. Occupation typically requires effective
control and administration of the territory by the occupying state, as well as the intention to establish
sovereignty over the territory. The acquisition of Alaska by the United States in 1867 through purchase
from Russia is an example of occupation, as the territory was sparsely populated and not under the control
of any other state at the time of acquisition.
5. Accretion:
Accretion involves the gradual expansion of a state's territory through natural processes, such as the
deposit of sediment or the recession of a coastline. When new land forms adjacent to existing territory as a
result of natural processes, the state may acquire sovereignty over the accreted land. Accretion typically
occurs over an extended period and is subject to the principles of international law governing territorial
boundaries and sovereignty.
6. Prescription:
Prescription is a mode of acquiring territory through continuous and uninterrupted possession over a
prolonged period, coupled with the acquiescence of other states. Under the principle of prescription, a
state may acquire sovereignty over territory by openly and peacefully exercising authority and control over
it, without objection from other states. The acquisition of the Channel Islands by the United Kingdom and
the Baarle-Hertog enclave by Belgium are examples of territorial acquisitions through prescription, where
historical usage and recognition by neighboring states have solidified the claimant's sovereignty over the
territory.
Conclusion:
The modes of acquiring territories reflect the diverse historical, political, and legal contexts in which
territorial changes occur. While some modes, such as treaty and cession, involve formal agreements
between states, others, such as conquest and occupation, raise complex legal and ethical questions
regarding the legitimacy of territorial acquisition by force. Understanding these modes is essential for
analyzing contemporary territorial disputes and their implications for international peace and security. By
adhering to the principles of international law and respecting the sovereignty and territorial integrity of
states, the international community can promote stability and cooperation in the management of territorial
issues.
3.TREATIES
Treaties are foundational instruments in public international law, serving as formal agreements between
states and other international entities. They play a crucial role in regulating a wide range of issues, from
diplomatic relations to human rights and environmental protection. Understanding the nature, formation,
and implementation of treaties is essential for comprehending the legal framework of international
relations.
1. Nature of Treaties:
Treaties, also known as conventions or agreements, are binding agreements between states or
international organizations. They are governed by the principles of international law and create legal
obligations for the parties involved. Treaties may address various subjects, including territorial boundaries,
trade relations, arms control, and environmental conservation. They can be bilateral, involving two parties,
or multilateral, involving multiple parties.
2. Formation of Treaties:
The process of treaty formation typically involves negotiation, signature, ratification, and entry into force.
- Negotiation: Negotiations between states or international organizations precede the drafting of a treaty.
Negotiations may take place in diplomatic conferences, summits, or through diplomatic channels.
- Signature: Once the text of the treaty is finalized, representatives of the participating states may sign
the treaty to indicate their agreement in principle. However, signature alone does not create legal
obligations; ratification is required for the treaty to enter into force.
- Ratification: Ratification involves formal approval of the treaty by the competent authorities of each
participating state. Depending on the domestic legal system of each state, ratification may require
approval by the legislature, executive branch, or head of state.
- Entry into Force: After the required number of states have ratified the treaty, it enters into force
according to the provisions specified in the treaty itself. Entry into force establishes the legal obligations of
the parties under the treaty.
3. Contents of Treaties:
Treaties typically consist of several components, including:
- Preamble: The preamble provides the context and objectives of the treaty, often stating the reasons for
its adoption and the intentions of the parties.
- Operative Provisions: The operative provisions contain the substantive rules and obligations agreed upon
by the parties. These provisions may include specific rights and duties, mechanisms for implementation and
enforcement, and dispute resolution procedures.
- Annexes and Protocols: Annexes and protocols may accompany the main text of the treaty, providing
additional details, technical specifications, or supplementary agreements related to the treaty's
implementation.
- Reservations and Declarations: Parties to a treaty may make reservations or declarations regarding
specific provisions of the treaty, clarifying their understanding or indicating exceptions to their obligations.
4. Examples of Treaties:
- United Nations Charter: The UN Charter, adopted in 1945, serves as the foundational treaty of the United
Nations, establishing its purposes, principles, and structure. It outlines the obligations of member states to
maintain international peace and security, promote social progress, and respect human rights.
- Vienna Convention on Diplomatic Relations: The Vienna Convention, adopted in 1961, regulates diplomatic
relations between states, defining the privileges and immunities of diplomatic missions and personnel. It
sets forth the rules governing diplomatic appointments, functions, and facilities.
- Paris Agreement on Climate Change: The Paris Agreement, adopted in 2015, aims to combat climate
change by reducing greenhouse gas emissions and enhancing global climate resilience. It sets forth
nationally determined contributions (NDCs) and mechanisms for monitoring, reporting, and reviewing
progress towards its objectives.
Conclusion:
Treaties are essential instruments in public international law, providing a framework for cooperation,
conflict resolution, and the promotion of shared interests among states and international organizations. By
understanding the nature, formation, and contents of treaties, stakeholders can effectively engage in
diplomatic negotiations, comply with their legal obligations, and contribute to the peaceful resolution of
international disputes. Treaties serve as tangible manifestations of international cooperation and
solidarity, reflecting the collective efforts of the international community to address common challenges
and achieve shared goals.
4.CHICAGO CONVENTION :
The Chicago Convention, formally known as the Convention on International Civil Aviation, is a landmark
treaty that governs the principles and standards of international civil aviation. Adopted in 1944, the
convention established the International Civil Aviation Organization (ICAO) and laid down fundamental
rules and regulations for the safe and orderly development of civil aviation on a global scale. Understanding
the Chicago Convention is crucial for analyzing the legal framework governing international air travel and
addressing aviation-related issues in public international law.
1. Background of the Chicago Convention:

The Chicago Convention emerged against the backdrop of World War II when the international community
recognized the need for a comprehensive framework to regulate civil aviation and promote international
cooperation in aviation matters. Delegates from 54 nations convened in Chicago in 1944 to negotiate and
adopt the convention, which entered into force on April 4, 1947. Since then, the Chicago Convention has
served as the cornerstone of international aviation law, guiding the development of civil aviation standards
and practices worldwide.
2. Key Articles of the Chicago Convention:

The Chicago Convention comprises 96 articles, covering various aspects of civil aviation. Some of the key
articles include:
- Article 1: Establishment of the International Civil Aviation Organization (ICAO) to promote the safe and
orderly development of international civil aviation.
- Article 3: Principles of non-discrimination and equal opportunity in international civil aviation,
emphasizing the importance of cooperation and consultation among contracting states.
- Article 6: Recognition of the sovereignty of each contracting state over its airspace and the principle of
freedom of the skies, subject to the provisions of the convention.
- Article 12: Establishment of the Air Navigation Commission (ANC) within ICAO to study and make
recommendations regarding international air navigation matters.
- Article 15: Obligation of contracting states to adopt and enforce uniform standards and practices related
to the registration, airworthiness, and operation of aircraft.
- Article 44: Authorization for contracting states to refuse entry or require landing of aircraft for
inspection if there are reasonable grounds to believe that the aircraft is being used for purposes
inconsistent with the aims of the convention, such as smuggling or endangering public safety.
3. Principles and Standards of the Chicago Convention:

The Chicago Convention establishes several fundamental principles and standards that govern
international civil aviation, including:
- Safety: Ensuring the highest standards of safety in air navigation, aircraft operations, and aviation
infrastructure to minimize the risk of accidents and incidents.
- Security: Enhancing aviation security measures to prevent acts of unlawful interference, such as
terrorism, hijacking, and sabotage, and safeguarding the integrity of the global aviation system.
- Efficiency: Promoting the efficient use of airspace, airports, and air traffic management systems to
optimize the capacity and performance of the aviation network.
- Environmental Protection: Addressing environmental challenges associated with aviation, such as noise
pollution, air emissions, and climate change, through sustainable practices and technological innovation.
- Cooperation: Fostering cooperation and collaboration among states, international organizations, and
industry stakeholders to achieve common objectives and address shared concerns in civil aviation.
4. Implementation and Enforcement of the Chicago Convention:

Contracting states are obligated to incorporate the provisions of the Chicago Convention into their
domestic laws and regulations to ensure compliance and enforcement. The convention provides
mechanisms for dispute resolution and consultation among contracting states to resolve conflicts and
interpret its provisions effectively. Additionally, ICAO plays a central role in facilitating the implementation
of the convention through the development of international standards and recommended practices (SARPs)
and the provision of technical assistance and capacity-building support to member states.
5. Examples of the Chicago Convention in Practice:

- Open Skies Agreements: Many bilateral and multilateral agreements between states are based on the
principles of the Chicago Convention, promoting liberalization and competition in international air transport
by removing restrictions on routes, capacity, and pricing.
- ICAO Annexes: The Chicago Convention's Annexes contain detailed technical specifications and
standards on various aspects of civil aviation, such as airworthiness, flight operations, and aviation security.
These Annexes serve as the basis for national regulations and international cooperation in aviation safety
and security.
- ICAO Council Decisions: The ICAO Council, composed of member states elected by the Assembly, issues
decisions and resolutions to address emerging issues and challenges in civil aviation, reflecting the
ongoing relevance and adaptability of the Chicago Convention to evolving aviation trends and technologies.
Conclusion:
The Chicago Convention represents a landmark achievement in public international law, establishing a
comprehensive framework for the regulation and governance of international civil aviation. Through its
principles, standards, and mechanisms, the convention has contributed to the safe, secure, and efficient
operation of the global aviation system, facilitating the movement of people and goods and promoting
economic development and cultural exchange. By upholding the principles of the Chicago Convention and
working together through ICAO, the international community can continue to advance the cause of aviation
safety, security, and sustainability in the twenty-first century and beyond.
5.ICC -THE INTERNATIONAL CRIMINAL COURT (ICC) IN PUBLIC INTERNATIONAL LAW:

The International Criminal Court (ICC) is a pivotal institution in public international law, established to
address impunity for the most serious crimes of international concern. Since its inception, the ICC has
played a crucial role in prosecuting individuals responsible for genocide, war crimes, crimes against
humanity, and the crime of aggression. Understanding the legal framework, jurisdiction, and operation of
the ICC is essential for comprehending its significance in the global fight against impunity.
1. Background of the ICC:

The ICC was established by the Rome Statute, adopted on July 17, 1998, and entered into force on July 1,
2002. The court is headquartered in The Hague, Netherlands, and operates as an independent and
permanent judicial body. The ICC's mandate is to prosecute individuals for the most serious crimes of
international concern when national jurisdictions are unwilling or unable to do so. As of [current date],
[number] states are parties to the Rome Statute, reflecting the widespread support for international
criminal justice.
2. Jurisdiction of the ICC:

The ICC has jurisdiction over four main categories of crimes:
- Genocide: Acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or
religious group.
- Crimes Against Humanity: Widespread or systematic attacks directed against a civilian population,
including murder, enslavement, torture, and persecution.
- War Crimes: Grave breaches of the Geneva Conventions and other serious violations of the laws and
customs of war, such as targeting civilians, using child soldiers, and committing sexual violence.
- Crime of Aggression: The use of armed force by a state against the sovereignty, territorial integrity, or
political independence of another state, in violation of the UN Charter.
3. Structure and Functions of the ICC:

The ICC consists of several organs, including:
- The Presidency: Comprising the President and two Vice-Presidents, responsible for the overall
administration of the court and the assignment of judges to chambers.
- The Chambers: Consisting of the Pre-Trial Chamber, Trial Chamber, and Appeals Chamber, responsible
for conducting proceedings, hearing cases, and rendering judgments.
- The Office of the Prosecutor: Led by the Prosecutor, responsible for investigating and prosecuting cases
before the court, based on referrals from states parties, the UN Security Council, or the Prosecutor's own
initiative.
- The Registry: Responsible for the court's administrative and logistical support, including victim and
witness protection, outreach, and assistance to legal representatives.
4. Principles and Procedures of the ICC:

The ICC operates based on several fundamental principles, including:
- Complementarity: The principle that the ICC's jurisdiction is complementary to national jurisdictions,
meaning that the court only intervenes when states are unwilling or unable to prosecute crimes themselves.
- Fair Trial Rights: Ensuring the rights of the accused, including the right to a fair and public trial, the
presumption of innocence, and the right to legal representation and a defense.
- Victim Participation: Providing opportunities for victims to participate in ICC proceedings, present their
views and concerns, and seek reparations for harm suffered.
- Rule of Law: Upholding the rule of law and respect for human rights in all aspects of the court's work,
including investigations, prosecutions, and judgments.
5. Challenges and Criticisms Facing the ICC:

Despite its important mandate, the ICC faces various challenges and criticisms, including:
- Limited Jurisdiction: The ICC's jurisdiction is limited to crimes committed after July 1, 2002, and can only
prosecute individuals from states parties or cases referred by the UN Security Council, which may limit its
ability to address ongoing conflicts and atrocities.
- Political Interference: The ICC's effectiveness is hindered by political considerations, including
reluctance by some states to cooperate with the court or implement its arrest warrants, as seen in cases
involving Sudan and other non-cooperating states.
- Resource Constraints: The ICC operates with limited resources, which can impact its capacity to conduct
investigations, provide adequate support to victims and witnesses, and ensure timely and effective
prosecutions.
6. Examples of ICC Cases and Impact:

- Lubanga Case: The prosecution and conviction of Thomas Lubanga, a Congolese warlord, for the
recruitment and use of child soldiers in the Democratic Republic of the Congo, highlighted the ICC's role in
holding individuals accountable for crimes against children.
- Ongwen Case: The ongoing trial of Dominic Ongwen, a former commander of the Lord's Resistance Army
in Uganda, for war crimes and crimes against humanity, demonstrates the ICC's commitment to
prosecuting perpetrators of grave international crimes, regardless of their position or affiliation.
- Darfur Situation: The ICC's investigation and issuance of arrest warrants for Sudanese officials,
including President Omar al-Bashir, for crimes committed in Darfur underscore the court's role in
addressing impunity for mass atrocities and promoting accountability at the highest levels.
Conclusion:
The ICC occupies a central place in public international law, serving as a vital mechanism for promoting
accountability, justice, and the rule of law in the face of the most serious international crimes. Despite the
challenges and criticisms it faces, the ICC continues to play a crucial role in holding perpetrators
accountable, providing justice to victims, and contributing to the prevention of future atrocities. By
upholding its principles and strengthening its institutional capacity, the ICC can further advance the cause
of international criminal justice and contribute to a more just and peaceful world.
6.IMF -The International Monetary Fund (IMF) in Public International Law:

The International Monetary Fund (IMF) is a key institution in public international law, established to
promote international monetary cooperation, exchange rate stability, balanced growth, and financial
stability. Since its inception, the IMF has played a central role in facilitating economic development,
providing financial assistance to member countries, and conducting surveillance of the global economy.
Understanding the legal framework, functions, and operations of the IMF is essential for analyzing its
significance in the international financial system.
1. Background of the IMF:

The IMF was established in 1944 during the Bretton Woods Conference in New Hampshire, United States,
alongside the World Bank. The primary objective of the IMF is to foster international monetary cooperation
and provide a forum for member countries to address economic challenges collectively. The IMF's mandate
includes promoting exchange rate stability, facilitating balanced growth, and providing financial
assistance to countries facing balance of payments problems.
2. Legal Framework of the IMF:

The legal framework of the IMF is governed by its Articles of Agreement, which serve as the foundational
document outlining the objectives, structure, and functions of the organization. The Articles of Agreement
establish the governance structure of the IMF, including its decision-making processes, voting rights of
member countries, and the roles and responsibilities of the Executive Board, Managing Director, and other
organs of the IMF.
3. Functions and Operations of the IMF:
The IMF performs several key functions to fulfill its mandate, including:
- Surveillance: The IMF conducts surveillance of the global economy, monitoring macroeconomic
developments, exchange rates, and financial stability risks. IMF surveillance involves regular consultations
with member countries and the publication of reports and assessments on their economic policies and
prospects.
- Financial Assistance: The IMF provides financial assistance to member countries facing balance of
payments problems or experiencing economic crises. This assistance may take the form of loans, credits, or
policy advice, aimed at restoring stability, promoting economic reform, and facilitating sustainable growth.
- Technical Assistance and Capacity Building: The IMF offers technical assistance and capacity-building
support to member countries to strengthen their institutional capacity, policy frameworks, and financial
systems. This assistance helps countries improve economic governance, enhance macroeconomic
management, and implement structural reforms.
4. Governance Structure of the IMF:
The governance structure of the IMF is based on the principle of weighted voting, where member
countries' voting power is determined by their financial contributions (quotas) to the IMF. The highest
decision-making body of the IMF is the Board of Governors, consisting of one governor from each member
country, typically the finance minister or central bank governor. The day-to-day operations of the IMF are
overseen by the Executive Board, which represents the entire membership and is responsible for making
policy decisions and conducting the IMF's business.
5. Role of the IMF in Addressing Global Economic Challenges:
The IMF plays a critical role in addressing global economic challenges, including:
- Financial Crises: The IMF provides emergency financial assistance to countries facing balance of
payments crises or financial instability, helping stabilize currencies, restore investor confidence, and
prevent contagion effects.
- Debt Sustainability: The IMF advises member countries on debt management strategies, debt
restructuring, and debt relief initiatives to ensure debt sustainability and avoid sovereign debt crises.
- Poverty Reduction: The IMF supports poverty reduction efforts through its lending programs and policy
advice, promoting inclusive growth, social protection, and sustainable development.
6. Criticism and Reform of the IMF:

The IMF has faced criticism for its policy conditionality, austerity measures, and governance structure,
which some argue disproportionately favor the interests of advanced economies over developing countries.
Calls for IMF reform include increasing the representation of emerging and developing countries in
decision-making processes, enhancing transparency and accountability, and aligning IMF policies with the
needs and priorities of member countries.
Conclusion:The IMF is a vital institution in public international law, playing a central role in promoting
international monetary cooperation, financial stability, and economic development. By fulfilling its
mandate, providing financial assistance, and offering policy advice and technical support, the IMF
contributes to global economic stability and prosperity. As the IMF continues to adapt to evolving economic
challenges and geopolitical dynamics, ensuring its effectiveness, legitimacy, and accountability will be
essential for addressing the needs and aspirations of its diverse membership and promoting inclusive and
sustainable development worldwide.
7.DEJURE RECOGNITION
De jure recognition stands as a foundational concept in public international law, embodying the formal
acknowledgment by one sovereign state of the legal existence and sovereignty of another. This act of
recognition serves as a cornerstone for establishing diplomatic relations, delineating statehood, and
shaping international interactions. An exploration of de jure recognition entails an examination of its
guiding principles, the criteria applied, its legal ramifications, and its implications as evidenced by case law.
1. Principles of De Jure Recognition:

De jure recognition operates on core principles:
- Sovereignty: Recognition affirms the recognized state's authority over its territory and population.
- Equality: Acknowledges states as equal entities within the international community.
- Consent: Reflects the voluntary act of states to establish formal diplomatic relations.
2. Criteria for De Jure Recognition:
Recognition decisions hinge on several criteria:
- Effective Control: The entity seeking recognition must demonstrate effective governance over its
territory and population.
- Stability and Legitimacy: The recognized authority's adherence to democratic norms, human rights, and
international law.
- International Acceptance: Consideration of recognition by other states and international bodies.
3. Methods of De Jure Recognition:
Recognition may take diverse forms:
- Diplomatic Channels: Formal communication between states expressing intent to establish diplomatic
relations.
- Treaties and Agreements: Signing of treaties signifying acknowledgment and engagement.
- Membership in International Organizations: Admission to international bodies requiring recognition as a
sovereign state.
4. Legal Consequences of De Jure Recognition:
Recognition carries legal implications:
- Diplomatic Relations: Establishment of diplomatic missions and consular relations.
- Treaty Obligations: Binding states to international agreements and conventions.
- State Immunity: Granting immunity from legal proceedings in foreign territories.
- Territorial Integrity: Affirming respect for recognized borders and sovereignty.
5. Challenges and Controversies:
Recognition decisions are fraught with challenges:
- Political Considerations: Recognition may be influenced by political interests, impacting adherence to
legal criteria.
- Disputed Territories: Recognition in disputed regions can exacerbate conflicts and hinder peaceful
resolution.
- Unilateral Declarations: Independence proclamations may lack broad international acceptance, raising
questions of legitimacy.
6. Case Law Illustrations:
- Tadić Case (International Criminal Tribunal for the Former Yugoslavia): The Tribunal recognized Bosnia
and Herzegovina as a sovereign state, affirming its legal status and right to seek justice for war crimes.
- Kosovo Advisory Opinion (International Court of Justice): The ICJ opined on Kosovo's declaration of
independence, addressing issues of self-determination, statehood, and recognition.
Conclusion: De jure recognition forms a cornerstone of public international law, embodying principles of
sovereignty, equality, and consent. It carries legal and diplomatic consequences, shaping state interactions
and international norms. However, recognition decisions are nuanced, influenced by political considerations
and fraught with complexities. By analyzing case law and adhering to legal principles, states can navigate
recognition challenges and contribute to a more stable and just international order.
8.Freedoms of the High Seas

The freedoms of the high seas are a cornerstone of public international law, ensuring the free and
unimpeded navigation, exploration, and use of the world's oceans beyond the territorial waters of any state.
These freedoms, enshrined in various conventions and treaties, are vital for international trade, maritime
transport, scientific research, and the preservation of the marine environment. Understanding the legal
framework, principles, and limitations of the freedoms of the high seas is essential for analyzing maritime
disputes, regulating maritime activities, and promoting cooperation among states.
1. Historical Development and Legal Basis:

The concept of the freedoms of the high seas has deep historical roots, dating back to ancient maritime
customs and practices. However, the modern legal framework for the high seas was established through
various conventions and treaties, including:
- United Nations Convention on the Law of the Sea (UNCLOS): UNCLOS, adopted in 1982 and entered into
force in 1994, is the primary international legal instrument governing the rights and obligations of states in
the world's oceans. Part VII of UNCLOS specifically addresses the freedoms of the high seas, providing a
comprehensive framework for their exercise and regulation.
- Customary International Law: In addition to UNCLOS, the freedoms of the high seas are also recognized
as customary international law, reflecting longstanding state practice and general acceptance by the
international community.
2. Key Freedoms of the High Seas:

UNCLOS identifies several key freedoms of the high seas, including:
- Freedom of Navigation: The right of all states to navigate ships and aircraft on the high seas without
interference, subject to certain limitations and responsibilities.
- Freedom of Overflight: The right of aircraft to fly over the high seas without landing, subject to the rules
and regulations of the states concerned.
- Freedom to Lay Submarine Cables and Pipelines: The right to lay submarine cables and pipelines on the
high seas for purposes such as telecommunications and energy transportation, subject to certain
conditions and procedures.
- Freedom to Fish: The right of states to fish on the high seas, subject to conservation and management
measures established by regional and international fisheries organizations.
3. Legal Principles and Limitations:

While the freedoms of the high seas are extensive, they are not absolute and are subject to certain legal
principles and limitations, including:
- Flag State Jurisdiction: Ships sailing on the high seas are subject to the jurisdiction of the state whose
flag they fly, including compliance with its laws and regulations.
- International Law Enforcement: States have the right to take measures on the high seas to combat
piracy, illegal fishing, and other maritime crimes, subject to international law and the principles of due
process.
- Maritime Zones: UNCLOS establishes various maritime zones beyond the territorial sea, such as the
exclusive economic zone (EEZ) and the continental shelf, which may impose rights and obligations on
states regarding activities conducted on the high seas adjacent to these zones.
4. Case Law and Precedents:

Several landmark cases and legal precedents have shaped the interpretation and application of the
freedoms of the high seas:
- SS Lotus Case (France v. Turkey): The Permanent Court of International Justice (PCIJ) ruled that states
enjoy broad freedom on the high seas, subject to the limitations imposed by international law. The case
affirmed the principle of state sovereignty and jurisdiction over vessels flying their flag on the high seas.
- Fisheries Jurisdiction Case (United Kingdom v. Iceland): The International Court of Justice (ICJ) addressed
disputes over the regulation of fishing activities on the high seas, highlighting the balance between the
freedom to fish and the need for conservation measures to protect marine resources.
5. Challenges and Contemporary Issues:

Despite the legal framework governing the freedoms of the high seas, several challenges and
contemporary issues persist, including:
- Maritime Security: The high seas are vulnerable to piracy, armed robbery, and other security threats,
necessitating international cooperation and coordination to enhance maritime security measures.
- Illegal, Unreported, and Unregulated (IUU) Fishing: IUU fishing poses a significant threat to marine
ecosystems and fisheries sustainability, requiring concerted efforts to combat illegal fishing activities on
the high seas.
- Marine Pollution: The high seas are susceptible to pollution from various sources, including shipping,
offshore oil and gas exploration, and marine debris, necessitating measures to prevent and mitigate
environmental damage.
6. Conclusion and Future Prospects:

The freedoms of the high seas are fundamental to the functioning of the global maritime domain,
facilitating trade, navigation, and scientific research. By adhering to international law and cooperating on
shared challenges, states can preserve and enhance the freedoms of the high seas for the benefit of
present and future generations. Continued efforts to address emerging threats and promote sustainable
maritime governance will be essential for safeguarding the integrity and vitality of the world's oceans and
ensuring the equitable and responsible use of their resources.
9.STATE RESPONSIBILITY
State responsibility is a fundamental principle in public international law, establishing the legal obligations
and accountability of states for their actions or omissions that breach international law. Understanding the
concept of state responsibility encompasses examining the legal framework, criteria for attribution,
consequences of breaches, and mechanisms for enforcement. This exploration is essential for analyzing
state behavior, addressing violations, and promoting compliance with international norms.
1. Legal Framework of State Responsibility:

State responsibility is governed by customary international law and treaty provisions, including:
- Articles on State Responsibility: The International Law Commission (ILC) adopted the Articles on State
Responsibility in 2001, which codify principles and rules regarding state responsibility for internationally
wrongful acts.
- International Court Decisions: Decisions of international courts and tribunals, such as the International
Court of Justice (ICJ), contribute to the development and application of state responsibility principles.
2. Criteria for Attribution of Conduct:

State responsibility requires the attribution of conduct to a state, based on established criteria:
- Acts of State Organs: Conduct attributable to a state includes actions of its government, legislative
bodies, and other organs exercising governmental authority.
- Acts of State Officials: Conduct of individuals acting on behalf of the state, such as diplomats, military
personnel, and public officials, may also be attributable to the state.
- Non-State Actors: States may be responsible for the actions of non-state entities operating under their
control or direction, such as rebel groups or private companies.
3. Internationally Wrongful Acts:

States may incur responsibility for internationally wrongful acts, which encompass various breaches of
international law, including:
- Treaty Violations: Failure to fulfill obligations under international agreements, such as treaties,
conventions, or bilateral agreements.
- Customary International Law: Violations of customary international law norms, including prohibitions
against aggression, genocide, torture, and violations of human rights.
- Erga Omnes Obligations: Breaches of obligations owed to the international community as a whole, such
as the prohibition of slavery, racial discrimination, and crimes against humanity.
4. Consequences of Internationally Wrongful Acts: States may face several consequences for
internationally wrongful acts:
- Obligation to Cease and Reparation: States are obligated to cease the wrongful conduct and provide
appropriate reparation, which may include restitution, compensation, satisfaction, and guarantees of non-
repetition.
- Responsibility of the State: Responsibility for wrongful acts rests with the state as a legal person, rather
than individual officials or agents.
- Countermeasures: In response to breaches by another state, affected states may resort to lawful
countermeasures, such as diplomatic protests, economic sanctions, or suspension of treaty obligations, to
induce compliance and obtain redress.
5. Enforcement Mechanisms and Dispute Settlement: Mechanisms for enforcing state responsibility
include:
- Diplomatic Channels: States may seek resolution of disputes through diplomatic negotiations,
consultations, or mediation.
- International Courts and Tribunals: Adjudicative bodies, such as the ICJ, provide a forum for states to
resolve disputes and seek legal remedies for breaches of state responsibility.
- Arbitration and Conciliation: States may submit disputes to arbitration or conciliation proceedings,
either ad hoc or through established institutions, to resolve disputes and determine legal liability.
6. Case Studies and Precedents:
Several landmark cases and legal precedents illustrate the application of state responsibility principles:
- Corfu Channel Case (UK v. Albania): The ICJ ruled that Albania breached its obligation to ensure the
safety of international navigation by failing to warn of and clear mines in the Corfu Channel, leading to the
UK's vessels being damaged.
- LaGrand Case (Germany v. United States): The ICJ held the United States responsible for violating its
obligation to inform German nationals of their rights under the Vienna Convention on Consular Relations by
failing to notify the LaGrand brothers of their right to consular assistance and representation.
7. Challenges and Future Directions:
Despite advancements in the law of state responsibility, challenges remain:
- Enforcement Deficits: Limited mechanisms for enforcing state responsibility and ensuring compliance
with legal obligations pose challenges to the effectiveness of international law.
- State Immunity: Issues related to state immunity may impede accountability for internationally wrongful
acts, particularly concerning acts of sovereign states in domestic courts.
- Complexity of Disputes: Disputes involving multiple states, non-state actors, and transnational issues
present complex challenges for adjudication and resolution.
Conclusion:State responsibility is a fundamental principle of public international law, providing a legal

framework for holding states accountable for breaches of international obligations. By adhering to state
responsibility principles, states can promote respect for international law, uphold the rule of law, and
contribute to the peaceful resolution of disputes. Continued efforts to strengthen enforcement
mechanisms, enhance compliance, and address emerging challenges will be essential for advancing the
effectiveness and legitimacy of state responsibility in the international legal order.
10.DOUBLE CRIMINALITY:
Double criminality is a fundamental principle in public international law that governs the extradition of
individuals accused or convicted of criminal offenses across international borders. This principle requires
that an act must constitute a criminal offense in both the requesting and requested states for extradition
to be permissible. Understanding the legal framework, criteria, and exceptions of double criminality is
crucial for analyzing extradition requests, ensuring the protection of individual rights, and promoting
international cooperation in combating transnational crime.
1. Legal Framework and Basis:

The principle of double criminality is rooted in various international conventions and treaties, including:
- European Convention on Extradition (ECE): Article 2 of the ECE requires double criminality as a condition
for extradition between member states of the Council of Europe.
- United Nations Convention against Transnational Organized Crime (UNTOC): Article 15 of the UNTOC
emphasizes the principle of dual criminality in extraditing individuals involved in organized crime.
- Bilateral Extradition Treaties: Many bilateral extradition treaties incorporate the principle of double
criminality as a requirement for extradition between contracting states.
2. Principle of Double Criminality:
Double criminality entails several key elements:
- Requirement of Criminality: The act for which extradition is sought must constitute a criminal offense in
both the requesting and requested states.
- Similarity of Offenses: The offense charged or convicted must have a corresponding offense in the legal
system of both states, although they need not be identical in nature or terminology.
- Dual Criminality Test: Extradition authorities assess whether the conduct alleged would constitute a
criminal offense if committed within their jurisdiction, applying the principles of legality, specificity, and
severity.
3. Exceptions and Limitations:
While double criminality is a general rule, there are exceptions and limitations:
- Political Offenses: Many extradition treaties exclude extradition for political offenses, recognizing the
potential for abuse and persecution of political dissidents.
- Military Offenses: Extradition may be refused for offenses of a purely military nature, falling within the
jurisdiction of military courts or subject to military discipline.
- Non-Extraditable Offenses: Some offenses, such as offenses of a purely fiscal or administrative nature,
may be excluded from extradition under certain treaties or legal systems.
4. Application and Case Law:

The principle of double criminality has been applied and interpreted in various cases:
- Pinochet Case (United Kingdom v. Pinochet): The House of Lords ruled that the principle of double
criminality applied to General Pinochet's extradition to Spain for human rights abuses committed during his
regime in Chile.
- Assange Case (United States v. Assange): In the extradition proceedings against Julian Assange, the
United Kingdom courts considered the principle of double criminality concerning the alleged offenses of
espionage and conspiracy to commit computer intrusion.
5. International Cooperation and Mutual Legal Assistance:

Double criminality also plays a role in mutual legal assistance and cooperation in criminal matters:
- Evidence and Information Sharing: States may require double criminality as a condition for providing
assistance in gathering evidence, conducting investigations, or executing legal processes in criminal cases.
- Extradition Requests: Requests for extradition are often accompanied by evidence demonstrating the
existence of dual criminality, including legal opinions, case law references, and relevant statutes or
regulations.

Despite its importance, double criminality poses several challenges:
- Legal Divergence: Differences in legal systems, definitions of offenses, and penalties may complicate the
application of double criminality, leading to conflicts in extradition proceedings.
- Human Rights Concerns: The principle of double criminality must be balanced with considerations of
human rights, ensuring that individuals are not extradited to face prosecution or punishment for acts that
would not be considered criminal offenses in their own country.
- Transnational Crime: In the face of evolving transnational threats, such as terrorism, cybercrime, and
organized crime, there is a need to adapt extradition laws and procedures to address emerging challenges
effectively.
Conclusion:
Double criminality serves as a cornerstone of extradition law, ensuring that individuals are only extradited
for acts that constitute criminal offenses in both the requesting and requested states. By adhering to this
principle, states can uphold the rule of law, protect individual rights, and promote international cooperation
in combating crime. Continued efforts to address legal challenges, enhance mutual legal assistance, and
uphold human rights will be essential for the effective application of double criminality in the evolving
landscape of international law enforcement and criminal justice.
11.NOTTEBOHM’S CASE
"Nottebohm's Case" is a landmark decision by the International Court of Justice (ICJ) that profoundly
influenced the understanding of nationality and state responsibility in public international law. The case
involved a claim by Liechtenstein against Guatemala regarding the denial of diplomatic protection to
Friedrich Nottebohm, a German national who had acquired Liechtenstein nationality shortly before World
War II.
1. Background:
Friedrich Nottebohm, a German national, moved to Guatemala in 1905 and became a naturalized citizen in
1939. However, amidst rising tensions preceding World War II, Nottebohm sought to acquire Liechtenstein
nationality in 1939, facilitated by his financial investments in the country. Subsequently, he returned to
Guatemala and continued his business activities.
2. Dispute:
In 1943, during World War II, Nottebohm's property in Guatemala was confiscated by the Guatemalan
government, prompting Liechtenstein to seek diplomatic protection on his behalf. Guatemala, however,
contested the validity of Nottebohm's Liechtenstein nationality and refused to recognize his claim to
diplomatic protection.
3. Legal Issues:
The key legal issues in the case included:
- The determination of Nottebohm's nationality and its recognition by Guatemala.
- The applicability of diplomatic protection under international law.
- The principle of effective nationality and its significance in diplomatic relations.
4. ICJ Decision:
In its judgment delivered on April 6, 1955, the ICJ addressed the following:
- Nationality: The ICJ considered whether Liechtenstein nationality acquired by Nottebohm was genuine
and effective. It examined the circumstances of his acquisition of nationality, including the brief duration of
his residence in Liechtenstein and the absence of genuine ties to the country.
- Diplomatic Protection: The Court analyzed the concept of diplomatic protection and emphasized the
need for a genuine link between the individual and the state asserting diplomatic protection. It held that
Liechtenstein failed to establish the requisite link between Nottebohm and the state.
5. Legal Principles Established:

The Nottebohm case established several legal principles:
- Effective Nationality: The judgment affirmed the principle of effective nationality, emphasizing genuine
and effective ties between the individual and the state. Mere acquisition of nationality for convenience or
strategic purposes may not suffice to establish a genuine link.
- Diplomatic Protection: The case underscored the importance of a genuine link between the individual
and the state asserting diplomatic protection. Diplomatic protection requires a bona fide connection,
beyond formal nationality acquisition.
6. Significance and Impact:
Nottebohm's Case had significant implications for international law:
- Nationality Determination: The case highlighted the importance of genuine ties between individuals and
states in determining nationality, influencing subsequent jurisprudence and state practice.
- Diplomatic Relations: The judgment clarified the requirements for diplomatic protection, contributing to
the development of principles governing diplomatic relations and state responsibility.
- State Responsibility: Nottebohm's Case underscored the principle of state responsibility for protecting
the rights of individuals under international law, particularly concerning diplomatic protection and
nationality matters.
7. Continued Relevance:
The principles established in Nottebohm's Case continue to inform legal discourse and practice:
- Nationality Law: The case remains relevant in matters of nationality law, guiding states in assessing the
genuineness and effectiveness of ties between individuals and the state.
- Diplomatic Protection: Nottebohm's Case influences the application of diplomatic protection principles,
ensuring that claims are based on genuine links between individuals and states.
- State Responsibility: The judgment contributes to the understanding of state responsibility in protecting
the rights of individuals, particularly in cases involving nationality disputes and diplomatic relations.
Conclusion: Nottebohm's Case represents a landmark decision by the ICJ that significantly influenced the
understanding of nationality, diplomatic protection, and state responsibility in public international law. The
case underscored the importance of genuine ties between individuals and states in matters of nationality
and diplomatic relations, establishing enduring legal principles that continue to shape jurisprudence and
state practice to this day.
12.CONDITIONAL RECOGNITION
Conditional recognition is a concept in public international law that involves the acknowledgment of a
state's legal existence and sovereignty, subject to specific conditions or qualifications imposed by the
recognizing state or the international community. This approach allows states to signal support for
emerging states or entities while expressing concerns, reservations, or expectations regarding certain
aspects of their conduct or status. Understanding the legal framework, criteria, and implications of
conditional recognition is essential for analyzing statehood, sovereignty, and diplomatic relations in the
international arena.
1. Legal Framework and Basis: The legal framework for conditional recognition is grounded in customary
international law, treaty provisions, and state practice, including:
- Montevideo Convention on the Rights and Duties of States: While not explicitly addressing conditional
recognition, Article 3 of the Montevideo Convention outlines the criteria for statehood, which may inform
recognition decisions.
- Practice of States and International Organizations: Many instances of conditional recognition arise from
the practice of states and international organizations in response to geopolitical developments, conflicts,
and self-determination movements.
2. Principles of Conditional Recognition:

Conditional recognition is guided by several principles:
- Sovereignty and Statehood: Conditional recognition acknowledges the sovereignty and legal existence
of the recognized entity while conditioning it on specific criteria or actions.
- Flexibility and Pragmatism: Conditional recognition allows states to adopt a pragmatic approach,
balancing diplomatic considerations, strategic interests, and legal principles.
- Normative Framework: Conditional recognition may be based on international norms, such as respect for
human rights, adherence to democratic principles, or compliance with peace agreements.
3. Criteria and Conditions for Conditional Recognition:
States may impose various criteria and conditions for conditional recognition, including:
- Conflict Resolution: Recognition may be conditioned on the resolution of territorial disputes, armed
conflicts, or secessionist claims through peaceful means and negotiated settlements.
- Democratic Governance: States may require adherence to democratic norms, including free and fair
elections, respect for human rights, and the rule of law, as a condition for recognition.
- International Commitments: Conditional recognition may be contingent upon the recognized entity's
compliance with international agreements, treaties, or obligations, such as non-proliferation agreements or
peace accords.
4. Examples of Conditional Recognition:
Several examples illustrate instances of conditional recognition in international relations:
- Kosovo: Following Kosovo's declaration of independence from Serbia in 2008, many states recognized
Kosovo's statehood but conditioned their recognition on its commitment to minority rights, territorial
integrity, and good governance.
- Palestine: Some states have recognized Palestine as a state but conditioned their recognition on
progress in the Israeli-Palestinian peace process and adherence to negotiated agreements.
- South Sudan: Upon South Sudan's independence from Sudan in 2011, recognition by other states was
often conditional on the new state's commitment to peace, stability, and democratic governance.
5. Legal and Diplomatic Implications:
Conditional recognition has significant legal and diplomatic implications:
- Legal Status: Recognized entities under conditional recognition may enjoy certain legal rights and
obligations but may face limitations or restrictions based on the conditions imposed.
- Diplomatic Relations: Conditional recognition may affect diplomatic relations, bilateral cooperation, and
participation in international organizations and forums, depending on the level of acceptance and support
from other states.
While not always explicitly labeled as conditional recognition, several cases reflect similar dynamics:
- Bosnia and Herzegovina: Recognition of Bosnia and Herzegovina's independence in the 1990s was often
accompanied by conditions related to human rights, minority protection, and cooperation with international
institutions.
- East Timor: Conditional support for East Timor's independence from Indonesia in 1999 included
requirements for democratic governance, human rights, and international monitoring of the transition
process.
Conditional recognition presents challenges and considerations:
- Consistency and Coherence: States may face challenges in maintaining consistency and coherence in
their approach to conditional recognition, balancing legal principles, geopolitical interests, and diplomatic
objectives.
- Enforcement and Compliance: Ensuring compliance with conditions attached to recognition may be
challenging, particularly in cases where the recognized entity faces internal or external pressures.
- Long-Term Stability: The effectiveness and sustainability of conditional recognition depend on the
ability of recognized entities to meet the conditions imposed and address underlying issues related to
governance, security, and stability.
Conclusion:
Conditional recognition represents a pragmatic approach to acknowledging emerging states or entities
while expressing concerns, expectations, or requirements regarding their conduct or status. By
conditioning recognition on specific criteria or actions, states seek to promote adherence to international
norms, conflict resolution, and democratic governance while navigating complex geopolitical dynamics.
Continued engagement, dialogue, and cooperation among states are essential for addressing challenges,
ensuring compliance, and promoting stability in the evolving landscape of conditional recognition in public
international law.
13.INTERNATIONAL COURT OF JUSTICE
The International Court of Justice (ICJ), often referred to as the World Court, is the principal judicial organ of
the United Nations (UN) and plays a vital role in the peaceful settlement of disputes between states.
Established by the UN Charter in 1945, the ICJ serves as a forum for resolving legal disputes, interpreting
international law, and promoting the rule of law in international relations. Understanding the structure,
jurisdiction, procedures, and landmark cases of the ICJ is essential for analyzing its role in public
international law.
1. Legal Basis and Establishment:

The ICJ was established pursuant to provisions of the UN Charter, specifically:
- Article 92: This article of the UN Charter provides for the establishment of the ICJ as the principal
judicial organ of the UN.
- Chapter XIV (Articles 92-96): Chapter XIV of the UN Charter outlines the provisions related to the ICJ,
including its composition, jurisdiction, and functions.
2. Jurisdiction of the ICJ:

The ICJ has two main types of jurisdiction:
- Contentious Jurisdiction: The ICJ hears disputes between states brought before it by consent or special
agreements. This includes disputes over territorial boundaries, treaty interpretation, and violations of
international law.
- Advisory Jurisdiction: The ICJ provides advisory opinions on legal questions referred to it by UN organs
and specialized agencies. These opinions are advisory in nature and do not constitute binding judgments.
3. Procedures and Processes:

The ICJ follows specific procedures for handling cases:
- Initiation of Proceedings: Cases may be brought before the ICJ by states through the filing of an
application instituting proceedings. Alternatively, cases may be referred to the ICJ by special agreements
or by UN organs seeking advisory opinions.
- Pleadings and Written Submissions: Parties submit written pleadings outlining their legal arguments
and supporting evidence. These pleadings are exchanged between the parties and may include memorials,
counter-memorials, and replies.
- Oral Hearings: The ICJ holds oral hearings where parties present their arguments and respond to
questions from the judges. These hearings provide an opportunity for parties to clarify their positions and
address issues raised by the court.
- Judgments and Opinions: The ICJ delivers judgments on contentious cases, which are binding on the
parties involved. Advisory opinions, provided at the request of UN organs, are non-binding but carry
significant weight in international law.
4. Key Provisions and Articles:

Several articles of the ICJ Statute and relevant conventions govern its jurisdiction and procedures:
- Article 36: This article outlines the jurisdiction of the ICJ, including contentious jurisdiction based on
consent and advisory jurisdiction upon request of UN organs.
- Article 38: Article 38 of the ICJ Statute identifies sources of international law that the court applies,
including treaties, customary international law, general principles of law, and judicial decisions.
- Article 59: This article provides for the binding nature of ICJ judgments, which are final and without
appeal.
5. Landmark Cases and Case Law:

The ICJ has delivered numerous landmark judgments and advisory opinions, including:
- Corfu Channel Case (United Kingdom v. Albania): The ICJ ruled on issues related to state responsibility for
damages caused by naval mines in the Corfu Channel, establishing principles of state responsibility and the
obligation to prevent harm to other states.
- Nicaragua Case (Nicaragua v. United States): The ICJ addressed issues of armed intervention, self-
defense, and state responsibility in the context of the United States' support for Contra rebels in
Nicaragua.
- Kosovo Advisory Opinion: The ICJ provided an advisory opinion on the legality of Kosovo's declaration of
independence, addressing questions of statehood, self-determination, and territorial integrity.

The ICJ faces several challenges in fulfilling its mandate:
- Enforcement of Judgments: Despite its authority, the ICJ lacks enforcement mechanisms, relying on state
compliance with its judgments.
- Access to Justice: The ICJ's jurisdiction is limited to cases brought by states, excluding individuals and
non-state entities from direct access to the court.
- Backlog of Cases: The ICJ experiences delays and backlogs in processing cases due to its workload and
the complexity of international disputes.
7. Conclusion:
The International Court of Justice plays a crucial role in the peaceful settlement of international disputes
and the development of international law. Through its jurisdiction, procedures, and case law, the ICJ
contributes to the promotion of the rule of law, respect for international obligations, and the maintenance
of international peace and security. Despite its challenges, the ICJ remains an indispensable forum for
adjudicating disputes and advancing the cause of justice in the international community.
14.GENERAL ASSEMBLY
The United Nations General Assembly (UNGA) is one of the principal organs of the United Nations (UN),
tasked with deliberating on a wide range of international issues, promoting cooperation among states, and
fostering the development of international law. Established under the UN Charter, the UNGA serves as a
forum for multilateral diplomacy, policy-making, and norm-setting, reflecting the diversity of its member
states and their collective aspirations. Understanding the structure, functions, and legal significance of the
UNGA is essential for analyzing its role in public international law.

The UNGA was established pursuant to provisions of the UN Charter, specifically:
- Article 7: This article of the UN Charter establishes the UNGA as one of the six principal organs of the
UN, comprising all member states.
- Chapter IV (Articles 9-22): Chapter IV of the UN Charter outlines the functions, powers, and procedures
of the UNGA, including its composition, voting procedures, and decision-making mechanisms.
2. Composition and Structure:
The UNGA is composed of all 193 member states of the United Nations and operates through various
subsidiary organs, including:
- Plenary Sessions: The UNGA holds regular sessions where all member states participate in deliberations
and decision-making on agenda items.
- Committees and Subsidiary Bodies: The UNGA establishes committees, working groups, and other
subsidiary bodies to address specific issues, such as disarmament, human rights, and economic
development.
3. Functions and Powers:
The UNGA performs several key functions and exercises various powers under the UN Charter:
- Policy Formulation: The UNGA deliberates on global issues, adopts resolutions, and formulates policies
to address challenges in areas such as peace and security, development, human rights, and international
law.
- Budgetary Authority: The UNGA approves the UN budget and financial resources, ensuring transparency,
accountability, and effective management of UN funds and programs.
- Election of UN Officials: The UNGA elects the Secretary-General of the UN and other senior officials, as
well as non-permanent members of the Security Council and judges of the International Court of Justice
(ICJ).
4. Decision-Making Processes:
Decision-making in the UNGA follows specific procedures and practices:
- Voting: Decisions of the UNGA are generally made by a majority vote of member states, with each state
having one vote. Some decisions, such as those related to budgetary matters or amendments to the UN
Charter, require a two-thirds majority.
- Consensus: The UNGA seeks to achieve consensus whenever possible, fostering dialogue, negotiation,
and compromise among member states to reach mutually acceptable outcomes.
- Resolutions: Resolutions adopted by the UNGA are non-binding on member states but carry significant
political and moral weight, influencing state behavior and shaping international norms and standards.
Several articles of the UN Charter govern the functions and powers of the UNGA:
- Article 10: This article empowers the UNGA to discuss any matter within the scope of the UN Charter and
make recommendations to member states or the Security Council.
- Article 18: Article 18 outlines the responsibilities of the UNGA in relation to the budgetary process,
including the adoption of the UN budget and apportionment of expenses among member states.
- Article 22: Article 22 provides for the establishment of specialized agencies and other bodies under the
authority of the UNGA, such as the World Health Organization (WHO) and the United Nations Educational,
Scientific and Cultural Organization (UNESCO).
6. Case Studies and Examples:
The UNGA has addressed numerous global challenges and issues through its resolutions and decisions:
- Declaration on the Granting of Independence to Colonial Countries and Peoples: Adopted in 1960, this
landmark resolution affirmed the right to self-determination and called for an end to colonialism, leading to
the decolonization of many territories.
- Universal Declaration of Human Rights: The UNGA adopted this seminal document in 1948, setting forth
fundamental human rights principles and standards that have since served as a cornerstone of
international law and human rights advocacy.

The UNGA faces several challenges in fulfilling its mandate and advancing international cooperation:
- Geopolitical Divisions: Political differences among member states often impede consensus-building and
decision-making, hindering the effectiveness of the UNGA in addressing global issues.
- Resource Constraints: Limited resources and funding constraints pose challenges to the UNGA's ability
to implement its mandates and programs effectively, particularly in areas such as sustainable development
and humanitarian assistance.
- Relevance and Legitimacy: Ensuring the continued relevance and legitimacy of the UNGA requires
ongoing efforts to enhance transparency, inclusivity, and accountability in its deliberations and decision-
making processes.
8. Conclusion:
The United Nations General Assembly serves as a central forum for international cooperation, policy-
making, and norm-setting, playing a vital role in advancing the objectives and principles of the UN Charter.
Through its deliberations, resolutions, and decisions, the UNGA contributes to the promotion of peace,
security, development, and human rights in the international community. Despite challenges, the UNGA
remains an indispensable platform for multilateral diplomacy and collective action on pressing global
challenges and opportunities.
15.SECURITY COUNCIL.
The United Nations Security Council (UNSC) is one of the principal organs of the United Nations (UN)
responsible for maintaining international peace and security. Established under the UN Charter, the UNSC
has broad powers to address threats to peace, resolve conflicts, and enforce collective security measures.
Understanding the structure, functions, and legal significance of the UNSC is essential for analyzing its
role in public international law.

The UNSC was established pursuant to provisions of the UN Charter, specifically:
- Article 24: This article designates the UNSC as the primary organ responsible for maintaining
international peace and security and grants it broad powers to fulfill this mandate.
- Chapter V (Articles 23-32): Chapter V of the UN Charter outlines the composition, functions, and powers
of the UNSC, including its membership, decision-making procedures, and authority to take enforcement
action.
2. Composition and Structure:

The UNSC is composed of 15 member states, including five permanent members with veto power (China,
France, Russia, the United Kingdom, and the United States) and ten non-permanent members elected for
two-year terms by the General Assembly. The UNSC operates through various subsidiary bodies, including:
- Security Council Committees: These committees address specific issues, such as sanctions,
peacekeeping operations, and counter-terrorism efforts.
- Peacekeeping Missions: The UNSC authorizes peacekeeping missions to address conflicts and maintain
peace in areas of instability.
3. Functions and Powers:

The UNSC performs several key functions and exercises various powers under the UN Charter:
- Maintenance of International Peace and Security: The primary function of the UNSC is to maintain
international peace and security through preventive diplomacy, peacekeeping operations, and enforcement
measures.
- Peacekeeping and Peacebuilding: The UNSC authorizes peacekeeping missions to help countries
transition from conflict to peace, facilitating political processes, security sector reform, and humanitarian
assistance.
- Enforcement Measures: The UNSC has the authority to impose sanctions, authorize the use of force, and
establish military operations to address threats to peace and security, such as aggression, terrorism, and
proliferation of weapons of mass destruction.
4. Decision-Making Processes:
Decision-making in the UNSC follows specific procedures and practices:
- Voting: Decisions of the UNSC require the affirmative votes of nine members, including the concurring
votes of all five permanent members. Permanent members have the power to veto substantive resolutions,
making their consensus essential for significant decisions.
- Consultations: Informal consultations among members, facilitated by the presidency of the UNSC, allow
for dialogue, negotiation, and consensus-building on issues before the council.
- Resolutions: Resolutions adopted by the UNSC are binding on member states and carry the force of
international law, requiring implementation by member states.
Several articles of the UN Charter govern the functions and powers of the UNSC:
- Article 39: This article authorizes the UNSC to determine the existence of any threat to peace, breach of
the peace, or act of aggression and to take enforcement measures to maintain or restore international
peace and security.
- Article 41: Article 41 provides for non-military measures, such as economic sanctions or diplomatic
measures, that the UNSC may take to address threats to peace and security.
- Article 42: Article 42 authorizes the UNSC to take military action, including the use of force, to maintain
or restore international peace and security, subject to specific conditions and procedures outlined in the UN
Charter.

The UNSC has addressed numerous conflicts and crises through its resolutions and decisions:
- Resolution 242 (1967): This landmark resolution called for the withdrawal of Israeli armed forces from
territories occupied during the Six-Day War and the establishment of peace and secure boundaries in the
Middle East.
- Resolution 687 (1991): This resolution imposed disarmament and inspection requirements on Iraq
following the Gulf War, establishing the legal framework for weapons inspections and disarmament efforts
in Iraq.

The UNSC faces several challenges in fulfilling its mandate and maintaining international peace and
security:
- Geopolitical Divisions: Political differences among permanent members, particularly the use of the veto,
often impede consensus-building and decision-making in the UNSC.
- Lack of Enforcement: The effectiveness of UNSC resolutions depends on the willingness of member
states to implement them, raising concerns about enforcement and compliance.
- Complex Conflicts: Increasingly complex conflicts and threats, such as terrorism, cyber warfare, and
humanitarian crises, pose challenges to traditional peace and security mechanisms, requiring innovative
approaches and multilateral cooperation.
8. Conclusion:
The United Nations Security Council plays a central role in maintaining international peace and security,
addressing conflicts, and promoting collective security measures. Through its authority, decisions, and
actions, the UNSC contributes to the development and enforcement of international law, shaping the legal
framework for peacekeeping, conflict resolution, and crisis management in the international community.
Despite challenges, the UNSC remains a critical forum for addressing global threats and advancing the
principles and objectives of the United Nations Charter.
16.INTERNATIONAL CUSTOM
International custom, also known as customary international law, is a fundamental source of law in public
international law. It comprises unwritten rules and practices that have evolved over time through the
consistent behavior and acceptance of states. Understanding the definition, formation, and legal
significance of international custom is essential for analyzing state practice, treaty interpretation, and the
development of international legal norms.
1. Definition and Nature of International Custom:

International custom refers to:
- General Practice: Consistent and uniform behavior by states over time in a particular area of
international relations.
- Opinio Juris: The belief or sense of legal obligation among states that their actions are legally required
rather than merely voluntary.
International custom is distinguished by its non-written nature and reliance on the practice and beliefs of
states as evidence of legal obligation.
2. Formation of International Custom:

International custom is formed through a gradual process involving:
- State Practice: Consistent behavior by states over time, including actions, statements, and policies
relevant to the formation of legal norms.
- Opinio Juris: The belief among states that their actions are legally required, indicating a sense of legal
obligation or acceptance of customary rules.
Customary norms emerge when state practice, accompanied by opinio juris, becomes sufficiently
widespread, uniform, and consistent to be considered obligatory under international law.
3. Recognition and Identification of Customary Norms:

Identifying customary norms involves assessing:
- Duration: The duration of state practice and opinio juris, indicating the stability and consistency of the
customary rule.
- Uniformity: The extent to which states adhere to similar practices or principles in a particular area of
international relations.
- Generality: The participation of a significant number of states in the practice, reflecting the universality
or widespread acceptance of the customary norm.
4. Legal Significance of International Custom:

International custom has several legal implications:
- Binding Nature: Customary norms are considered binding on all states, irrespective of their consent,
reflecting the general practice and belief in their legal obligation.
- Supplementary Role: Customary law complements treaty law and fills gaps in legal regimes where
treaties are absent or incomplete.
- Evidence in Legal Disputes: State practice and opinio juris serve as evidence of customary law in legal
disputes before international tribunals and courts.
5. Relation to Treaties and Conventions:

Customary law interacts with treaties and conventions in several ways:
- Codification: Treaties may codify existing customary norms, formalizing them into written agreements
among states.
- Progressive Development: Customary law may evolve alongside treaty law, with state practice and
opinio juris influencing treaty interpretation and implementation.
- Subsequent Practice: Subsequent practice by states may confirm, modify, or derogate from existing
customary norms, affecting their legal status and application.
6. Examples and Case Law:

Numerous examples illustrate the formation and application of customary international law:
- Doctrine of State Immunity: The principle of state immunity from foreign jurisdiction, including immunity
for acts jure imperii and immunity for state property, has evolved as a customary norm based on state
practice and opinio juris.
- Responsibility to Protect (R2P): The concept of R2P, which holds states responsible for protecting
populations from genocide, war crimes, ethnic cleansing, and crimes against humanity, has gained
recognition as a customary norm reflecting evolving standards of human rights and humanitarian law.
- Torture as a Jus Cogens Norm: The prohibition of torture and cruel, inhuman, or degrading treatment or
punishment has attained the status of a jus cogens norm, reflecting a peremptory norm of international law
from which no derogation is permitted.
7. Challenges and Interpretative Issues:

Despite its importance, international custom faces challenges and interpretative issues:
- Evidence and Proof: Establishing customary norms requires clear evidence of state practice and opinio
juris, which may be subject to interpretation and dispute.
- Consistency and Uniformity: State practice and opinio juris may vary across regions and states, raising
questions about the universality and consistency of customary norms.
- Evolution and Change: Customary law evolves over time in response to changing circumstances and
attitudes, requiring ongoing analysis and interpretation to reflect current state practice and opinio juris.
8. Conclusion:
International custom, as a fundamental source of law in public international law, reflects the collective
practices and beliefs of states in regulating their conduct and relations. By understanding its definition,
formation, and legal significance, scholars, practitioners, and policymakers can analyze state practice,
interpret legal obligations, and contribute to the development and enforcement of international norms and
standards. Despite challenges, international custom remains a cornerstone of the international legal
system, shaping state behavior and promoting stability, cooperation, and justice in the international
community.
17.LEGAL EFFECTS OF RECOGNITION
Recognition in international law refers to the formal acknowledgment by one state of the existence and
legitimacy of another state. It is a crucial aspect of statehood and diplomatic relations, carrying various
legal effects and consequences. The legal effects of recognition include establishing diplomatic relations,
conferring rights and obligations on recognized states, and influencing the status and capacity of
governments in international affairs.
1. Establishment of Diplomatic Relations:

Recognition typically leads to the establishment of diplomatic relations between the recognizing state
and the recognized state. This involves the exchange of diplomatic missions, the appointment of
ambassadors, and the negotiation of treaties and agreements. Diplomatic relations facilitate
communication, cooperation, and interaction between states on political, economic, and social issues.
2. Conferral of Rights and Obligations:

Recognition confers certain rights and obligations on recognized states under international law.
Recognized states have the right to territorial integrity, sovereignty, and non-interference in their internal
affairs. They also have the capacity to enter into treaties, engage in diplomatic relations, and participate in
international organizations and forums. At the same time, recognized states are obligated to respect the
rights and sovereignty of other states, adhere to international norms and obligations, and maintain
peaceful relations with other states.
3. Effect on Governmental Legitimacy:

Recognition can impact the legitimacy and stability of governments within recognized states. Recognition
by other states may enhance the credibility and authority of a government, affirming its status as the
legitimate representative of the state's population. Conversely, non-recognition or withdrawal of
recognition may undermine the legitimacy of a government, weaken its international standing, and isolate it
diplomatically.
4. Legal Status in Disputes and Conflicts:

Recognition influences the legal status of states in disputes and conflicts, particularly in cases of
territorial claims, boundary disputes, and armed conflicts. Recognized states have standing to assert their
rights and claims under international law, seek diplomatic or judicial resolution of disputes, and invoke
international mechanisms for conflict resolution and peacebuilding. Conversely, states that lack
recognition may face legal and diplomatic challenges in asserting their sovereignty and rights, particularly
if their status is disputed or contested by other states.
5. Impact on State Succession and Continuity:

Recognition affects the continuity and succession of states, particularly in cases of regime change,
secession, or dissolution. Recognition of a new government or entity may signal acceptance of its status as
the lawful successor to the previous state, preserving its rights, obligations, and international agreements.
Conversely, non-recognition or selective recognition may raise questions about the legitimacy and
continuity of the state, leading to legal and diplomatic uncertainties.
6. Case Law and Practice:

The legal effects of recognition are reflected in international jurisprudence and state practice:
- Tadić Case (Prosecutor v. Tadić): The International Criminal Tribunal for the former Yugoslavia (ICTY)
considered issues of recognition and statehood in the context of the breakup of Yugoslavia, emphasizing
the importance of state practice and opinio juris in determining legal status and obligations.
- Kosovo Advisory Opinion: The International Court of Justice (ICJ) addressed questions of recognition and
statehood in its advisory opinion on Kosovo's declaration of independence, highlighting the legal
consequences of recognition by other states and the impact on territorial integrity and self-determination
principles.
In conclusion, recognition is a fundamental concept in international law with significant legal effects on
states, governments, and international relations. It establishes diplomatic relations, confers rights and
obligations, influences governmental legitimacy, and shapes legal status in disputes and conflicts.
Understanding the legal effects of recognition is essential for analyzing statehood, sovereignty, and
diplomatic relations in the international community.
18.DOUBLE NATIONALITY
Double nationality, also known as dual citizenship or dual nationality, refers to the status of an individual
who is recognized as a citizen by two or more states simultaneously. This phenomenon raises complex legal
issues regarding nationality, allegiance, rights, and obligations under international law and domestic legal
systems. Understanding the legal implications of double nationality requires analysis of relevant treaties,
conventions, domestic laws, and international jurisprudence.
1. Legal Basis and Recognition:

The legal basis for double nationality varies among states and is subject to domestic laws and
international agreements. Some states recognize and permit dual citizenship, allowing individuals to hold
nationality in multiple countries without forfeiting their rights or obligations. Other states may restrict or
prohibit dual citizenship, requiring individuals to renounce foreign nationality to acquire or retain
citizenship.
2. Treaty Provisions and Conventions:

International treaties and conventions address issues related to nationality and citizenship, including
provisions on dual nationality:
- Convention on Certain Questions Relating to the Conflict of Nationality Laws (1930): This convention,
adopted by the League of Nations, provides rules for resolving conflicts of nationality laws, including cases
of double nationality. It establishes principles for determining the nationality of individuals with
connections to multiple states, promoting uniformity and clarity in international law.
- European Convention on Nationality (1997): This convention, adopted by the Council of Europe,
addresses issues of nationality and citizenship in Europe, including provisions on multiple nationality and
the rights and obligations of dual nationals. It seeks to harmonize nationality laws among member states
and promote respect for individuals' rights and freedoms.
3. Rights and Obligations of Dual Nationals:

Dual nationals enjoy certain rights and obligations in each country of nationality, including:
- Rights: Dual nationals may benefit from rights and privileges conferred by each state of nationality, such
as the right to reside, work, vote, and access public services. They may also enjoy consular protection and
assistance from both countries in case of emergencies or legal issues abroad.
- Obligations: Dual nationals are subject to the laws and obligations of each country of nationality,
including military service, taxation, and compliance with legal and regulatory requirements. They may also
be subject to restrictions or limitations on their rights based on domestic laws or international agreements.
4. Recognition and Conflict Resolution:

States may encounter conflicts or challenges in recognizing and dealing with double nationality,
particularly in cases of:
- Conflicting Obligations: Dual nationals may face conflicting obligations or loyalties between their
countries of nationality, leading to legal or diplomatic tensions. States may seek to resolve conflicts
through diplomatic channels, bilateral agreements, or judicial proceedings.
- Legal Disputes: Disputes over the recognition or status of dual nationality may arise in legal
proceedings, administrative decisions, or immigration matters. International courts and tribunals may
adjudicate disputes based on relevant treaties, conventions, and principles of international law.

International jurisprudence and state practice offer insights into the legal treatment of double nationality:
- Nottebohm Case (Liechtenstein v. Guatemala): The ICJ addressed issues of nationality and diplomatic
protection in the context of dual nationality, emphasizing the importance of genuine connection and
effective nationality in determining an individual's legal status and entitlements.
- Case of Kasymakhunov and Saybatalov v. Russia: The European Court of Human Rights (ECtHR)
considered the rights and protections of dual nationals in the context of deportation proceedings,
highlighting the importance of fair treatment, due process, and respect for individuals' rights under
international law.
In conclusion, double nationality presents complex legal challenges and implications under international
law and domestic legal systems. While some states recognize and accommodate dual citizenship, others
may impose restrictions or require individuals to choose a single nationality. Resolving conflicts and
ensuring the rights and obligations of dual nationals require cooperation, dialogue, and adherence to
relevant treaties, conventions, and principles of international law.
19.UNESCO
The United Nations Educational, Scientific and Cultural Organization (UNESCO) is a specialized agency of
the United Nations (UN) dedicated to promoting international cooperation in education, science, culture,
and communication. Established in 1945, UNESCO works to advance the objectives of peace, sustainable
development, and intercultural dialogue through its programs and initiatives in various fields.

UNESCO was established pursuant to provisions of the UN Charter, specifically:
- Article 57: This article authorizes the establishment of specialized agencies, including UNESCO, to
promote international cooperation in specific fields of activity.
- Constitution of UNESCO: Adopted in 1945, the Constitution of UNESCO outlines the organization's
objectives, functions, structure, and governance arrangements, providing the legal framework for its
operations.
2. Mandate and Objectives:

UNESCO's mandate encompasses several key areas of activity, including:
- Education: UNESCO promotes access to quality education, lifelong learning opportunities, and inclusive
education systems worldwide, with a focus on achieving Sustainable Development Goal 4 (SDG 4) on
education.
- Science: UNESCO fosters scientific research, innovation, and cooperation to address global challenges,
such as climate change, biodiversity loss, and public health emergencies, contributing to Sustainable
Development Goal 9 (SDG 9) on industry, innovation, and infrastructure.
- Culture: UNESCO protects and promotes cultural heritage, diversity, and creativity, safeguarding
tangible and intangible cultural assets and fostering intercultural dialogue and understanding.
- Communication and Information: UNESCO promotes freedom of expression, media development, and
access to information and knowledge, supporting efforts to build inclusive and participatory societies.
3. Programs and Initiatives:

UNESCO implements its mandate through various programs and initiatives, including:
- World Heritage Sites: UNESCO designates and protects cultural and natural heritage sites of
outstanding universal value, such as historic monuments, natural landscapes, and cultural traditions,
through the World Heritage Convention.
- Education for Sustainable Development: UNESCO promotes education for sustainable development
(ESD) to empower learners with the knowledge, skills, values, and attitudes needed to contribute to a more
sustainable future.
- Global Education Monitoring Report: UNESCO produces the Global Education Monitoring Report (GEM
Report) to assess progress towards SDG 4 and monitor trends and challenges in education worldwide.
- Intangible Cultural Heritage: UNESCO recognizes and safeguards intangible cultural heritage, including
traditions, rituals, performing arts, and oral expressions, through the Convention for the Safeguarding of
the Intangible Cultural Heritage.
4. Legal Instruments and Conventions:
UNESCO administers several international legal instruments and conventions, including:
- Universal Declaration on Cultural Diversity: Adopted in 2001, this declaration emphasizes the importance
of cultural diversity, dialogue, and respect for cultural rights and identities in promoting peace and
sustainable development.
- Convention on the Protection and Promotion of the Diversity of Cultural Expressions: This convention,
adopted in 2005, recognizes the dual nature of cultural goods and services as both economic products and
carriers of identity, values, and meanings.
- Convention against Discrimination in Education: Adopted in 1960, this convention prohibits
discrimination in education on the basis of race, gender, religion, language, or social origin and promotes
equality of educational opportunities for all.
5. Partnerships and Collaboration:

UNESCO collaborates with governments, UN agencies, international organizations, civil society,
academia, and the private sector to implement its programs and initiatives effectively. Partnerships
support resource mobilization, capacity-building, knowledge-sharing, and advocacy efforts to address
global challenges and achieve sustainable development goals.

UNESCO faces several challenges and opportunities in advancing its mandate and objectives, including:
- Funding and Resources: UNESCO relies on voluntary contributions from member states and external
partners, necessitating sustainable funding mechanisms and resource mobilization strategies to support
its programs and initiatives.
- Emerging Issues: UNESCO must adapt to emerging challenges, such as digitalization, climate change,
and geopolitical tensions, by integrating new technologies, innovative approaches, and inclusive practices
into its work.
- Promotion of Cultural Diversity: UNESCO plays a crucial role in promoting cultural diversity, intercultural
dialogue, and mutual understanding in an increasingly interconnected and diverse world, fostering respect
for human rights, dignity, and social cohesion.
In conclusion, UNESCO plays a vital role in advancing international cooperation in education, science,
culture, and communication to promote peace, sustainable development, and intercultural dialogue.
Through its programs, initiatives, and legal instruments, UNESCO contributes to the protection of cultural
heritage, the promotion of education and scientific research, and the fostering of inclusive and
participatory societies worldwide. Collaborative efforts and partnerships are essential for addressing
global challenges and achieving UNESCO's vision of a more just, peaceful, and sustainable world.
20.OUTER SPACE TREATY
The Outer Space Treaty, formally known as the Treaty on Principles Governing the Activities of States in
the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is an international
treaty that establishes the legal framework for the exploration and use of outer space. Adopted by the
United Nations General Assembly in 1967, the Outer Space Treaty is a cornerstone of international space
law, emphasizing principles of peaceful cooperation, non-appropriation, and the use of outer space for the
benefit of all humankind.
1. Legal Basis and Objectives:

The Outer Space Treaty is based on principles of international law and aims to:
- Promote Peaceful Exploration: The treaty seeks to maintain outer space as a peaceful environment free
from military activities, aggression, or the establishment of military bases or installations.
- Prevent Weaponization: It prohibits the placement of nuclear weapons or other weapons of mass
destruction in orbit around the Earth, on celestial bodies, or in outer space.
- Ensure Equitable Access: The treaty affirms the principle that outer space, including the Moon and other
celestial bodies, is the province of all humankind and should be explored and used for the benefit of present
and future generations.
2. Key Provisions and Principles:

The Outer Space Treaty contains several key provisions and principles, including:
- Peaceful Use: Article III of the treaty emphasizes the peaceful exploration and use of outer space,
prohibiting states from engaging in activities that could lead to the militarization or weaponization of
space.
- Non-Appropriation: Article II asserts that outer space, including the Moon and other celestial bodies, is
not subject to national appropriation by any means, whether through sovereignty, occupation, or any other
form of acquisition.
- International Cooperation: The treaty encourages international cooperation in space exploration and use,
promoting collaboration among states and international organizations for the advancement of scientific
knowledge and exploration.
- Environmental Protection: Article IX calls for the protection of the space environment and celestial
bodies from harmful contamination or adverse effects resulting from human activities.
3. Implementation and Compliance:
States parties to the Outer Space Treaty are required to implement its provisions and comply with their
obligations under international law. Compliance mechanisms include:
- National Legislation: States establish national laws and regulations to ensure compliance with the
treaty's provisions and principles, including licensing and authorization requirements for space activities.
- Verification and Monitoring: International organizations, such as the United Nations Office for Outer
Space Affairs (UNOOSA), facilitate verification and monitoring of space activities to ensure compliance
with international law and treaty obligations.
- Dispute Resolution: States may resolve disputes regarding the interpretation or application of the Outer
Space Treaty through diplomatic channels, arbitration, or other peaceful means of dispute resolution.
The Outer Space Treaty has influenced international jurisprudence and state practice in various ways:
- Moon Landing: The treaty facilitated the Apollo moon landings and subsequent space exploration
missions, establishing legal frameworks for the use of lunar resources and scientific research on the Moon.
- Space Station Cooperation: International cooperation in space exploration, such as the International
Space Station (ISS) partnership, reflects principles of peaceful use and equitable access to outer space
under the treaty.
- Space Debris Mitigation: Efforts to address space debris and mitigate orbital debris pollution align with
the treaty's principles of environmental protection and responsible space exploration.
5. Future Challenges and Opportunities:
The Outer Space Treaty faces several challenges and opportunities in the context of evolving space
activities and technologies:
- Commercialization of Space: The rise of commercial space ventures and private-sector activities raises
questions about the application of the treaty's principles, including property rights, liability, and regulatory
frameworks.
- Military Activities: The emergence of military technologies and capabilities in outer space poses
challenges to the treaty's prohibition on the placement of weapons of mass destruction and the prevention
of arms races in space.
- Space Governance: Enhancing space governance, coordination, and international cooperation are
essential for addressing emerging challenges, ensuring the sustainability and security of outer space, and
maximizing the benefits of space exploration for humanity.
In conclusion, the Outer Space Treaty serves as a foundational instrument of international space law,
establishing principles and norms for the exploration and use of outer space. By promoting peaceful
cooperation, non-appropriation, and equitable access, the treaty contributes to the responsible and
sustainable development of space activities for the benefit of present and future generations. Continued
adherence to the treaty's principles, coupled with enhanced governance mechanisms and international
cooperation, is essential for addressing emerging challenges and opportunities in the exploration and use
of outer space.
21.FORMATION OF INTERNATIONAL TREATIES
International treaties are formal agreements between two or more sovereign states or international
organizations governed by international law. The formation of international treaties involves a complex
process of negotiation, drafting, adoption, and ratification, guided by principles of consent, equality, and
good faith. Understanding the formation of international treaties is essential for analyzing state practice,
treaty interpretation, and the development of international legal norms.
1. Negotiation and Drafting:

The formation of international treaties typically begins with negotiation and drafting of the treaty text.
States or international organizations engage in diplomatic negotiations to reach consensus on the terms,
scope, and obligations of the treaty. Negotiations may take place in multilateral forums, such as
conferences, summits, or working groups, or through bilateral discussions between parties.
2. Consent and Agreement:
The cornerstone of treaty formation is the principle of consent, whereby states voluntarily agree to be
bound by the terms of the treaty. Consent may be expressed through formal instruments, such as signing or
initialing the treaty text, indicating the intention to be bound by its provisions. States may also signal their
consent through oral statements, diplomatic notes, or other means of communication.
3. Adoption and Signature:
Once negotiated and drafted, the treaty text is adopted by the parties as the final agreement. Adoption
may occur at the conclusion of formal negotiations or through subsequent endorsement by states'
competent authorities, such as the executive branch or legislative bodies. States may signify their
agreement to the treaty by signing the text, which is a symbolic act of support and commitment to its
principles and objectives.
4. Ratification and Entry into Force:
After adoption, the treaty requires ratification by the parties' competent authorities to become legally
binding and effective. Ratification is the formal process whereby states confirm their consent to be bound
by the treaty, often through domestic legislative or executive procedures. Once the requisite number of
states have ratified the treaty, it enters into force according to the provisions specified in the treaty text,
such as a certain number of ratifications or a specified date.
5. Reservations and Declarations:
States may accompany their ratification or accession to a treaty with reservations or declarations
regarding specific provisions or obligations. Reservations are unilateral statements by states indicating
their intent not to be bound by certain treaty provisions, whereas declarations clarify a state's
interpretation or understanding of certain treaty provisions. Reservations must be compatible with the
object and purpose of the treaty and not undermine its fundamental principles.
6. Registration and Publication:
International treaties are registered and published by the Secretariat of the United Nations in accordance
with Article 102 of the UN Charter. Registration is a procedural requirement aimed at enhancing
transparency and facilitating access to treaty texts and information. Published treaties are available in the
UN Treaty Series and other official publications, providing authoritative sources for treaty interpretation
and application.
7. Amendment and Modification:
Treaties may be amended or modified through agreed-upon procedures outlined in the treaty text or
through subsequent practice and agreements between parties. Amendments typically require the consent
of all parties or a specified majority of parties and may involve formal protocols or supplementary
agreements to the original treaty.
8. Termination and Withdrawal:
Treaties may be terminated or withdrawn from by parties in accordance with the provisions specified in the
treaty text or principles of customary international law. Termination may occur through mutual agreement,
expiration of the treaty's duration, or material breach of its provisions by one of the parties. Withdrawal
typically requires formal notification to the other parties and may be subject to specified conditions or
notice periods.

The formation and interpretation of international treaties are informed by international jurisprudence and
state practice:
- Vienna Convention on the Law of Treaties (VCLT): The VCLT, adopted in 1969, codifies principles and rules
governing the formation, interpretation, and application of international treaties, providing a
comprehensive framework for treaty law.
- Trail Smelter Arbitration: The Trail Smelter arbitration case addressed issues of state responsibility and
transboundary pollution arising from a bilateral treaty between the United States and Canada, highlighting
the importance of treaty interpretation and application in resolving international disputes.
In conclusion, the formation of international treaties involves a structured and dynamic process of
negotiation, consent, and ratification, guided by principles of international law and diplomacy.
Understanding the legal framework and procedures for treaty formation is essential for analyzing state
practice, treaty interpretation, and the development of international legal norms and obligations. Treaty
law plays a fundamental role in regulating interstate relations, promoting cooperation, and advancing the
objectives of peace, security, and sustainable development in the international community.
22.HOT PURSUIT
Hot pursuit is a principle of international law that allows a state's law enforcement or military forces to
pursue and apprehend suspected criminals or offenders across international borders without the consent
of the territorial state. It is based on the principle of necessity and the inherent right of states to maintain
law and order within their territories and pursue criminals who pose a threat to public safety or security.
Hot pursuit is governed by specific legal principles and limitations to ensure respect for state sovereignty,
territorial integrity, and human rights.
1. Legal Basis and Principles:

Hot pursuit is grounded in customary international law and recognized as a legitimate exercise of state
sovereignty and law enforcement authority. The principle is derived from:
- Customary Practice: States have historically engaged in hot pursuit activities to apprehend fleeing
criminals or suspects across borders, reflecting a common understanding of the necessity and justification
for such actions.
- International Jurisprudence: International courts and tribunals, including the International Court of
Justice (ICJ) and regional human rights bodies, have affirmed the legality of hot pursuit operations under
specific circumstances, subject to certain limitations and safeguards.
2. Conditions for Hot Pursuit:

Hot pursuit is subject to several conditions and requirements to ensure its legality and legitimacy,
including:
- Immediacy: Hot pursuit must be initiated promptly and without delay following the commission of a
crime or offense within the pursuing state's territory, allowing for the pursuit of fleeing suspects across
borders in real-time.
- Proportionality: Hot pursuit activities must be proportionate to the gravity of the offense and the
necessity of apprehending the suspect to prevent imminent harm or danger to public safety or security.
- Termination: Hot pursuit must cease once the suspect has been apprehended or once the pursuing
authorities have crossed back into their own territory, preventing excessive or prolonged incursions into the
territorial sovereignty of other states.
3. Scope and Limitations:

Hot pursuit is subject to certain limitations and restrictions to protect the sovereignty and territorial
integrity of other states, including:
- Notification: Pursuing authorities should notify or seek consent from the territorial state before initiating
hot pursuit activities, unless circumstances do not permit such notification due to the urgency or necessity
of the situation.
- Respect for Borders: Hot pursuit operations should respect the borders and territorial sovereignty of
other states, avoiding unnecessary or excessive incursions into their territory and minimizing disruptions to
their law enforcement or security operations.
- Use of Force: Pursuing authorities should exercise restraint and proportionality in the use of force during
hot pursuit operations, avoiding excessive or indiscriminate use of force that could endanger civilians or
violate human rights.

International jurisprudence and state practice provide guidance on the application and limitations of hot
pursuit:
- Gabcíkovo-Nagymaros Project (Hungary/Slovakia): The ICJ addressed issues of hot pursuit and cross-
border incidents in this case, emphasizing the importance of respecting territorial sovereignty and
conducting operations in accordance with international law and bilateral agreements.
- López Lone Case (El Salvador v. Honduras): The ICJ considered questions of hot pursuit and state
responsibility in this case, emphasizing the need for pursuing authorities to exercise restraint and comply
with legal obligations when conducting operations in the territory of other states.
In conclusion, hot pursuit is a recognized principle of international law that allows states to pursue and
apprehend suspected criminals or offenders across borders under specific circumstances and conditions.
While hot pursuit serves legitimate law enforcement objectives, it is subject to limitations and safeguards
to protect the sovereignty, territorial integrity, and human rights of other states and individuals.
Understanding the legal principles and limitations of hot pursuit is essential for promoting cooperation,
respect for international law, and the effective prevention and prosecution of transnational crime.
23.DRAGO DOCTRINE
The Drago Doctrine, also known as the Drago Rule or the Drago-Belgian Doctrine, is a principle of
international law that originated in a diplomatic note issued by Argentine Foreign Minister Luis María Drago
in 1902. The doctrine asserts that no state has the right to intervene militarily in the affairs of another state
to enforce the collection of public debts owed to foreign creditors. The Drago Doctrine represents a
significant development in the evolution of state sovereignty and non-intervention in international
relations, particularly concerning debt enforcement and the use of force.
1. Historical Context:
The Drago Doctrine emerged against the backdrop of increasing tensions between Latin American states
and European powers, particularly over debt repayment and foreign intervention in the region. European
creditors, including Britain, Germany, and Italy, sought to use military force to collect debts owed by Latin
American countries, leading to concerns about the violation of state sovereignty and territorial integrity.
2. Principles and Legal Basis:

The Drago Doctrine is based on several principles of international law, including:
- Sovereign Equality: States are equal under international law and enjoy sovereign immunity from external
interference in their internal affairs, including debt collection or enforcement measures by foreign powers.
- Non-Intervention: The principle of non-intervention prohibits states from intervening in the internal or
external affairs of other states, except in limited circumstances such as self-defense or collective security
authorized by the UN Security Council.
- Territorial Integrity: States have the right to territorial integrity and inviolability, meaning that their
borders and sovereignty should be respected by other states and protected from external aggression or
intervention.
3. Diplomatic Note of 1902:

The Drago Doctrine was articulated in a diplomatic note sent by Argentine Foreign Minister Luis María
Drago to the European powers in 1902. The note protested the use of military force by European creditors to
collect debts owed by Latin American countries and asserted that such actions violated principles of
international law and state sovereignty.
4. Impact and Legacy:

The Drago Doctrine had significant implications for the evolution of international law and relations,
including:
- Legal Precedent: The Drago Doctrine established a legal precedent and normative principle against the
use of force for debt collection, contributing to the development of state immunity, non-intervention, and
peaceful dispute resolution mechanisms in international law.
- Regional Solidarity: The Drago Doctrine fostered solidarity among Latin American states and
contributed to the emergence of collective diplomatic initiatives, such as the Montevideo Conference of
1933, which reaffirmed principles of non-intervention and sovereignty in the region.
- Codification Efforts: The Drago Doctrine influenced subsequent efforts to codify principles of state
sovereignty, non-intervention, and peaceful settlement of disputes in international law, including the
Charter of the Organization of American States (OAS) and the Charter of the United Nations.
5. Contemporary Relevance:
The principles underlying the Drago Doctrine remain relevant in contemporary international relations,
particularly concerning issues of debt sustainability, creditor rights, and state sovereignty:
- Debt Restructuring: The Drago Doctrine underscores the importance of equitable and sustainable debt
restructuring mechanisms that respect state sovereignty and promote economic development and social
justice.
- Debt Litigation: The Drago Doctrine may inform legal and diplomatic debates surrounding debt litigation,
sovereign immunity, and creditor rights in cases involving default or disputes between states and foreign
creditors.
- Debt Relief and Development: The Drago Doctrine highlights the need for international cooperation and
solidarity in addressing debt-related challenges, supporting debt relief initiatives, and promoting
sustainable development outcomes for debtor countries.
In conclusion, the Drago Doctrine represents a landmark contribution to the development of international
law and relations, affirming principles of state sovereignty, non-intervention, and peaceful dispute
resolution in the context of debt enforcement and creditor rights. Understanding the historical context,
legal principles, and contemporary relevance of the Drago Doctrine is essential for addressing debt-related
issues, promoting international cooperation, and upholding the rule of law in the international community.
24.FOUND FREEDOMS OF AIR.
The "Five Freedoms of the Air" are a set of aviation rights that govern the freedom of airlines to operate
international air services between countries. These freedoms, established through bilateral or multilateral
agreements between states, outline the rights of airlines to fly across borders, make intermediate stops,
and carry passengers and cargo. The Five Freedoms of the Air are essential for the development of
international air travel and the growth of the global aviation industry.
1. First Freedom:
- The Right to Fly Over: The first freedom grants airlines the right to fly over the territory of another state
without landing. This freedom allows airlines to operate direct flights between their country of origin and a
destination in another state, crossing the airspace of intermediate countries without the need for landing
rights.
2. Second Freedom:
- The Right to Make Technical Stops: The second freedom permits airlines to make technical stops in the
territory of another state for non-traffic purposes, such as refueling or maintenance, without embarking or
disembarking passengers or cargo. Technical stops enable airlines to optimize flight routes, manage fuel
consumption, and enhance operational efficiency.
3. Third Freedom:
- The Right to Land for Non-Traffic Purposes: The third freedom allows airlines to land in the territory of
another state for non-traffic purposes, such as crew rest, aircraft servicing, or emergency situations,
without embarking or disembarking passengers or cargo. This freedom facilitates safe and efficient flight
operations and ensures compliance with aviation safety standards.
4. Fourth Freedom:
- The Right to Carry Passengers from Home Country to Foreign Destination: The fourth freedom grants
airlines the right to carry passengers from their home country to a foreign destination in another state. This
freedom enables airlines to operate outbound international flights, serving passengers traveling from their
home country to destinations abroad.
5. Fifth Freedom:
- The Right to Carry Passengers from Foreign Destination to Home Country (with a Stopover): The fifth
freedom allows airlines to carry passengers from a foreign destination to their home country with a
stopover in another state. This freedom enables airlines to offer connecting flights, allowing passengers to
travel between two foreign countries with a layover in the airline's home country.
6. Legal Framework and Bilateral Agreements:
The Five Freedoms of the Air are typically negotiated and established through bilateral or multilateral air
services agreements between states. These agreements outline the rights and responsibilities of airlines
operating international flights between the signatory countries, including provisions related to route rights,
capacity, frequency, tariffs, and safety standards.
7. Evolution and Expansion:

The concept of the Five Freedoms of the Air has evolved over time to accommodate changes in the global
aviation industry and emerging trends in air travel. Additional freedoms, such as the Sixth Freedom (the
right to carry passengers between two foreign countries via the airline's home country) and Seventh
Freedom (the right to operate entirely within another country's territory without continuing to or from one's
own country), have been proposed and negotiated in certain bilateral agreements, reflecting the dynamic
nature of international air transport.

International courts, tribunals, and regulatory bodies have addressed issues related to the Five Freedoms
of the Air in various contexts, including disputes over route rights, airport access, and competition in the
aviation market. Case law and practice provide guidance on the interpretation and application of air
services agreements, ensuring compliance with international law and aviation regulations.
In conclusion, the Five Freedoms of the Air represent fundamental rights that govern the operation of
international air services and the conduct of airlines in the global aviation industry. Understanding the legal
framework, rights, and implications of the Five Freedoms is essential for promoting air connectivity,
facilitating travel and trade, and fostering cooperation between states in the field of civil aviation.
25.MONISM ( MONISTIC THEORY )
Monism, in the context of international law, is a legal theory that posits the unity or integration of domestic
law and international law within a single legal system. According to the monistic approach, international
law and domestic law are not separate or distinct systems but are instead part of a unified legal order, with
international law automatically incorporated into domestic law upon ratification or adoption. Monism
contrasts with dualism, which maintains a strict separation between domestic law and international law,
requiring explicit transformation or incorporation of international norms into domestic legal frameworks.
1. Key Principles and Concepts:

- Supremacy of International Law: In monist legal systems, international law is considered superior or
paramount to domestic law, and domestic legal norms must conform to international legal obligations.
Treaties, conventions, customary international law, and principles of general international law are binding
on states and individuals within the domestic legal order.
- Direct Applicability: International law is directly applicable and enforceable within domestic legal
systems without the need for specific enabling legislation or incorporation measures. International legal
norms can be invoked and enforced by domestic courts, administrative bodies, and other state authorities.
- Primacy of International Norms: Monism emphasizes the primacy of international legal norms over
conflicting or inconsistent domestic laws, requiring courts and authorities to give precedence to
international obligations in cases of conflict or inconsistency.
- Unity of Legal System: Monist legal systems recognize the unity or integration of domestic law and
international law within a single legal order, promoting coherence, consistency, and harmony between legal
norms at the national and international levels.
2. Implementation and Enforcement:

- Direct Effect: International legal norms, including treaties, conventions, and customary rules, have direct
effect and legal force within monist legal systems, allowing individuals to invoke and rely on international
law in domestic legal proceedings.
- Judicial Review: Domestic courts play a crucial role in interpreting and applying international legal norms
in monist legal systems, ensuring compliance with international obligations and holding state authorities
accountable for violations of international law.
- State Responsibility: Monism underscores the responsibility of states to comply with international legal
obligations and provide effective remedies for violations of international law, including through domestic
legal mechanisms and judicial review processes.
- Executive and Legislative Action: Executive and legislative branches of government are responsible for
implementing and enforcing international legal norms within domestic legal systems, including through the
enactment of domestic legislation, regulations, and administrative measures consistent with international
obligations.
3. Legal Systems and Examples:

- Examples of Monist Legal Systems: Several countries, including France, Germany, Italy, and the
Netherlands, adhere to monist principles in their legal systems, recognizing the direct applicability and
supremacy of international law within domestic legal orders.
- Constitutional Incorporation: Some monist legal systems incorporate international legal norms directly
into national constitutions, providing constitutional status and legal protection to international human
rights treaties, conventions, and principles.
- Judicial Decisions: Domestic courts in monist legal systems frequently rely on international law,
including decisions of international courts and tribunals, as sources of law and precedent in interpreting
and applying domestic legal norms.
4. Critiques and Challenges:

- Democratic Legitimacy: Critics of monism argue that it may undermine democratic legitimacy and
accountability by allowing unelected judges and international institutions to exert influence over domestic
legal systems without sufficient democratic oversight or popular consent.
- Legal Certainty: Monism may raise concerns about legal certainty and predictability, particularly in
cases where international legal norms are vague, ambiguous, or subject to differing interpretations by
domestic and international authorities.
- Sovereignty Concerns: Monism may be perceived as compromising state sovereignty and autonomy by
subordinating domestic legal norms to international legal obligations and judicial decisions, potentially
limiting states' ability to pursue national interests and policy objectives.

- International Court of Justice (ICJ): The ICJ has addressed issues related to monism and dualism in its
jurisprudence, emphasizing the importance of domestic legal systems in implementing and enforcing
international legal norms, while also recognizing the direct applicability and legal force of international law
within domestic legal orders.
- European Court of Human Rights (ECtHR): The ECtHR has ruled on cases involving conflicts between
domestic law and international human rights norms, highlighting the obligation of states to ensure
compatibility and consistency between domestic legal systems and international legal obligations.
In conclusion, monism represents a legal theory that emphasizes the unity and integration of domestic law
and international law within a single legal system, with international legal norms directly applicable and
enforceable within domestic legal orders. While monism promotes coherence, consistency, and compliance
with international legal obligations, it also raises questions about democratic legitimacy, legal certainty,
and state sovereignty. Understanding the principles, implementation, and challenges of monism is
essential for analyzing the relationship between domestic law and international law in contemporary legal
systems.
26.EXTRADITION
Extradition is the legal process through which one state surrenders an individual accused or convicted of a
crime to another state with jurisdiction over the offense. It is a fundamental mechanism for international
cooperation in criminal matters, allowing states to combat transnational crime, ensure accountability, and
uphold the rule of law. Extradition involves complex legal and diplomatic considerations, including the
identification of extraditable offenses, the protection of human rights, and the extradition procedures
established through bilateral or multilateral agreements between states.
1. Legal Basis and Principles:

- Extradition Treaties and Agreements: Extradition is primarily governed by bilateral or multilateral
treaties and agreements between states, which establish the legal framework, procedures, and conditions
for the extradition of individuals accused or convicted of crimes.
- Principle of Specialty: The principle of specialty ensures that extradited individuals are prosecuted or
punished only for the offenses for which they were extradited and prohibits their further extradition to third
countries without the consent of the extraditing state.
- Prohibition of Political Offenses: Many extradition treaties include provisions prohibiting the extradition
of individuals for political offenses or offenses of a political nature, recognizing the potential for abuse or
misuse of extradition for political persecution or repression.
2. Extraditable Offenses:
- Dual Criminality: Extradition typically requires that the offense for which extradition is sought is
recognized as a criminal offense in both the requesting and extraditing states, a principle known as dual
criminality.
- Listed Offenses: Some extradition treaties include lists of specific offenses for which extradition may be
granted without the requirement of dual criminality, such as terrorism, drug trafficking, and organized
crime.
- Extradition for Life Sentences or Capital Punishment: States may impose conditions or limitations on
extradition for offenses punishable by life imprisonment or capital punishment, particularly in cases where
the death penalty is prohibited or where assurances are sought regarding the treatment and sentencing of
extradited individuals.
3. Extradition Procedures:
- Extradition Request: The extradition process typically begins with a formal request from the requesting
state to the extraditing state, providing evidence and documentation supporting the extradition request,
including information on the alleged offense, the identity of the individual, and the legal basis for
extradition.
- Extradition Hearing: Extradition proceedings may involve judicial hearings or review by competent
authorities in the extraditing state to determine the admissibility and legality of the extradition request,
including considerations of human rights, due process, and procedural safeguards.
- Extradition Decision: The extraditing state evaluates the extradition request based on applicable legal
criteria and grounds for refusal, including concerns about the risk of torture, cruel, inhuman, or degrading
treatment, or violations of fundamental rights.
4. Human Rights and Procedural Safeguards:

- Prohibition of Torture and Inhuman Treatment: States are obligated to ensure that extradited individuals
are not subjected to torture, cruel, inhuman, or degrading treatment or punishment, in accordance with
international human rights law and customary international law.
- Right to Fair Trial: Extradition proceedings must respect the right to a fair trial, including the right to
legal representation, the presumption of innocence, access to evidence, and the opportunity to challenge
the legality and validity of the extradition request.
- Prohibition of Arbitrary Detention: Extradited individuals must not be subjected to arbitrary detention or
unlawful deprivation of liberty, and extradition proceedings must comply with principles of legality,
proportionality, and due process.

- European Convention on Extradition: The European Convention on Extradition, adopted in 1957 and
revised in 1978, establishes common standards and procedures for extradition among member states of the
Council of Europe, emphasizing the importance of human rights and legal safeguards in extradition
proceedings.
- Case of Soering v. United Kingdom: The European Court of Human Rights (ECtHR) ruled in this case that
extradition of an individual to the United States could violate the prohibition of inhuman or degrading
treatment if there were substantial grounds for believing that the individual would face the death penalty
or conditions of detention that amounted to torture or inhuman treatment.
6. Challenges and Considerations:

- Political Considerations: Extradition may involve political considerations and diplomatic negotiations
between states, particularly in cases involving sensitive or high-profile offenses, political persecution, or
conflicts of interest.
- Human Rights Concerns: Extradition proceedings must balance the interests of justice and the rule of law
with concerns about human rights, ensuring that individuals subject to extradition are treated fairly,
equitably, and in accordance with international legal standards.
- Jurisdictional Issues: Extradition may raise complex jurisdictional issues, particularly in cases involving
extraterritorial offenses, conflicting legal frameworks, or differences in legal standards and procedures
between the requesting and extraditing states.
In conclusion, extradition is a vital mechanism for international cooperation in combating crime and
ensuring accountability for offenders across borders. Understanding the legal principles, procedures, and
human rights considerations of extradition is essential for promoting effective cooperation between states,
upholding the rule of law, and protecting fundamental rights and freedoms in the international community.
27.DEFACTO RECOGINITION
De facto recognition is a concept within public international law that concerns the acknowledgment of a
state's existence and government based on its effective control over territory and population, rather than
formal diplomatic recognition by other states or international organizations. Unlike de jure recognition,
which entails formal acknowledgment of statehood and government by other states, de facto recognition is
based on practical considerations and the factual realities on the ground. This essay will explore the
concept of de facto recognition in public international law, examining its legal basis, implications, and
examples from international practice.
1. Legal Basis of De Facto Recognition:
De facto recognition is rooted in customary international law and principles of statehood, sovereignty, and
effective control. While not explicitly defined in international legal instruments, de facto recognition
reflects the pragmatic approach of states and international actors in acknowledging the existence and
authority of governments that exercise effective control over territory and population. Article 1 of the
Montevideo Convention on the Rights and Duties of States (1933) outlines the criteria for statehood,
including a defined territory, a permanent population, a government, and capacity to enter into relations
with other states, which inform considerations of de facto recognition.
2. Implications of De Facto Recognition:
De facto recognition has several implications for international relations and the legal status of states:
- Legitimacy and Governance: De facto recognition confers a degree of legitimacy and authority on
governments that exercise effective control over territory, enabling them to perform essential functions of
governance, such as maintaining law and order, providing public services, and representing the interests of
their population.
- Interstate Relations: De facto recognition allows states to engage in diplomatic, economic, and political
relations with governments that have not received formal diplomatic recognition, facilitating cooperation,
dialogue, and conflict resolution in international affairs.
- Territorial Integrity: De facto recognition contributes to the preservation of territorial integrity and
stability by acknowledging the effective control of governments over their claimed territory and
discouraging external interference or intervention in domestic affairs.
- International Legal Personality: De facto recognition may confer certain rights and obligations on states
and governments, such as access to international organizations, participation in multilateral treaties and
agreements, and protection under international law.
3. Examples of De Facto Recognition:
Several historical and contemporary examples illustrate the application of de facto recognition in
international practice:
- Taiwan: Despite lacking formal diplomatic recognition by the majority of states, Taiwan exercises de facto
control over its territory and population, maintaining separate governmental institutions, conducting
international relations, and participating in various international forums and organizations.
- Kosovo: Following its declaration of independence from Serbia in 2008, Kosovo received de facto
recognition from a significant number of states, allowing it to establish functional governance structures,
engage in international relations, and seek membership in international organizations, despite lacking
universal diplomatic recognition.
- Somaliland: Despite not being formally recognized as an independent state, Somaliland exercises de facto
control over its territory and population, maintaining governmental institutions, providing essential
services, and conducting diplomatic relations with regional and international actors.
4. Legal Considerations and Challenges:
De facto recognition raises several legal considerations and challenges in international relations:
- Subjectivity and Discretion: De facto recognition is inherently subjective and discretionary, reflecting the
political interests and strategic calculations of states and international actors, rather than objective legal
criteria or principles.
- Non-Interference and Neutrality: States that grant de facto recognition to governments must observe
principles of non-interference and neutrality in their relations with conflicting parties, respecting the
sovereignty and territorial integrity of states and refraining from actions that could exacerbate tensions or
conflicts.
- Legal Consequences: While de facto recognition confers certain practical benefits and opportunities for
engagement, it does not necessarily imply full legal recognition or acceptance of statehood under
international law, and states may withhold formal diplomatic recognition due to political, legal, or strategic
considerations.
International jurisprudence and state practice offer insights into the application and implications of de
facto recognition:
- Nicaragua v. United States (1986): In this case before the International Court of Justice (ICJ), Nicaragua
alleged that the United States had violated international law by supporting armed groups in Nicaragua. The
ICJ ruled that states have a duty to refrain from interventions that violate the sovereignty, territorial
integrity, or political independence of other states, reflecting principles of de facto recognition and non-
interference.
- Israel-Palestine Conflict: The Israel-Palestine conflict involves complex issues of statehood, sovereignty,
and recognition, with some states granting de facto recognition to the State of Palestine, despite ongoing
disputes over territory, borders, and self-determination.
6. Conclusion:
In conclusion, de facto recognition plays a significant role in international relations, allowing states to
acknowledge the existence and authority of governments that exercise effective control over territory and
population, despite the absence of formal diplomatic recognition. While de facto recognition lacks the legal
certainty and universality of de jure recognition, it serves practical purposes in facilitating interstate
relations, promoting stability, and upholding principles of sovereignty and territorial integrity in the
international community. Understanding the legal basis, implications, and examples of de facto recognition
is essential for analyzing statehood disputes, conflict resolution, and the dynamics of international
relations in contemporary practice.
28.PACTA SANTSERVANDA
In the realm of public international law, Pacta Sunt Servanda is a fundamental principle that embodies the
binding nature of agreements between states. The Latin phrase translates to "agreements must be kept"
and serves as a cornerstone of international relations, emphasizing the importance of fulfilling treaty
obligations in good faith. Pacta Sunt Servanda underscores the stability, predictability, and integrity of the
international legal order, providing a framework for the enforcement and implementation of treaties and
agreements between states.
1. Legal Basis and International Recognition:
Pacta Sunt Servanda finds its legal basis in customary international law and has been reaffirmed and
codified in various international treaties and conventions. The principle is recognized as a fundamental
norm of international law and enjoys widespread acceptance among states, international organizations,
and judicial bodies.
- Vienna Convention on the Law of Treaties (VCLT): Article 26 of the VCLT explicitly enshrines the
principle of Pacta Sunt Servanda, stating that "Every treaty in force is binding upon the parties to it and
must be performed by them in good faith." The VCLT, adopted in 1969 and entered into force in 1980,
provides a comprehensive framework for the conclusion, interpretation, and termination of treaties,
reaffirming the importance of treaty compliance and enforcement.
- Customary International Law: Pacta Sunt Servanda has deep roots in customary international law,
reflecting state practice and opinio juris regarding the binding nature of treaties and the obligation of
states to fulfill their treaty commitments. Customary international law evolves through consistent and
widespread state practice, accompanied by a belief that such practice is legally obligatory (opinio juris).
2. Principle of Good Faith:

The principle of Pacta Sunt Servanda is closely linked to the broader concept of good faith, which requires
states to act honestly, cooperatively, and transparently in their international relations. Good faith entails
not only complying with treaty obligations but also refraining from acts that would undermine the purpose
or object of a treaty.
- Article 18 of the VCLT: Article 18 of the VCLT further elaborates on the principle of good faith, stating
that "A state is obliged to refrain from acts which would defeat the object and purpose of a treaty when ... it
has undertaken not to do so." This provision underscores the proactive duty of states to uphold the integrity
and effectiveness of treaties, even in the absence of specific treaty provisions.
3. Scope and Application:

Pacta Sunt Servanda applies to all types of international agreements, including bilateral treaties,
multilateral conventions, treaties concluded between states and international organizations, and
agreements between international organizations.
- Bilateral Treaties: In the context of bilateral treaties, Pacta Sunt Servanda requires each party to honor
its commitments and obligations under the treaty, ensuring mutual respect for rights and duties between
the contracting states.
- Multilateral Conventions: In the context of multilateral conventions and treaties, Pacta Sunt Servanda
imposes obligations on all parties to the treaty, fostering cooperation, compliance, and coordination among
states to achieve common goals and objectives.
4. Limitations and Exceptions:

While Pacta Sunt Servanda establishes a strong presumption in favor of treaty compliance and
enforcement, certain limitations and exceptions may apply in exceptional circumstances.
- Fundamental Change of Circumstances: The VCLT recognizes the doctrine of fundamental change of
circumstances (rebus sic stantibus), which allows states to invoke changed circumstances as a ground for
treaty termination or modification if the changes are significant and unforeseen.
- Error, Fraud, or Coercion: Treaties concluded as a result of error, fraud, or coercion may be subject to
challenge or invalidation on grounds of defective consent, undermining the principle of Pacta Sunt
Servanda.

International courts, tribunals, and arbitral bodies have frequently invoked Pacta Sunt Servanda in their
jurisprudence, emphasizing the binding nature of treaties and the obligation of states to fulfill their treaty
commitments.
- Case of Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain): The International
Court of Justice (ICJ) ruled in this case that "fundamental principle" of Pacta Sunt Servanda required states
to comply with their treaty obligations in good faith and refrain from acts that would impair the rights or
interests of other treaty parties.
- Case of Vienna Convention on Consular Relations (Paraguay v. United States): The ICJ invoked the
principle of Pacta Sunt Servanda in this case, emphasizing the obligation of states to comply with treaty
provisions and respect the consular rights of foreign nationals, as enshrined in the Vienna Convention on
Consular Relations.
6. Contemporary Relevance:
Pacta Sunt Servanda remains highly relevant in contemporary international relations, providing a legal
and normative framework for treaty compliance, enforcement, and dispute resolution. In an increasingly
interconnected and interdependent world, the principle of Pacta Sunt Servanda serves as a bulwark
against unilateralism, instability, and uncertainty, promoting cooperation, trust, and respect among states.
In conclusion, Pacta Sunt Servanda represents a foundational principle of public international law,
affirming the binding nature of treaties and the obligation of states to honor their treaty commitments in
good faith. By upholding the integrity, stability, and predictability of the international legal order, Pacta
Sunt Servanda contributes to the promotion of peace, cooperation, and justice in the international
community.
29.ECOSOC
The United Nations Economic and Social Council (ECOSOC) is one of the principal organs of the United
Nations (UN) and plays a central role in promoting international economic and social cooperation and
development. Established by the UN Charter in 1945, ECOSOC serves as a forum for dialogue, coordination,
and policy formulation on a wide range of global economic, social, and environmental issues. This
comprehensive body encompasses various specialized agencies, functional commissions, and expert
committees, working collaboratively to address key challenges and achieve sustainable development
goals.
1. Legal Basis and Mandate:

ECOSOC's mandate is derived from Chapter X of the UN Charter, which outlines the functions and
responsibilities of the Economic and Social Council in promoting international cooperation and
development:
- Article 62: Article 62 of the UN Charter establishes ECOSOC as the principal organ responsible for
promoting international economic and social cooperation and development, coordinating the activities of
specialized agencies, and preparing reports and recommendations on economic, social, and environmental
issues.
- Article 63: Article 63 empowers ECOSOC to establish specialized agencies, commissions, and
committees to assist in the implementation of its programs and objectives, fostering collaboration and
synergy among various stakeholders in the pursuit of sustainable development goals.
2. Structure and Composition:

ECOSOC's structure reflects its diverse and inclusive nature, comprising multiple subsidiary bodies,
functional commissions, and expert committees:
- Functional Commissions: ECOSOC oversees several functional commissions, including the Commission
for Social Development, the Commission on the Status of Women, and the Commission on Sustainable
Development, each focusing on specific thematic areas and issues.
- Expert Committees: ECOSOC establishes expert committees and expert groups to provide specialized
expertise and technical advice on key economic, social, and environmental challenges, such as the
Committee of Experts on Public Administration and the Committee of Experts on International Cooperation
in Tax Matters.
- Specialized Agencies: ECOSOC collaborates closely with UN specialized agencies, such as the World
Health Organization (WHO), the International Labour Organization (ILO), and the United Nations
Educational, Scientific and Cultural Organization (UNESCO), as well as other international organizations
and entities, to coordinate efforts and initiatives in areas of mutual interest and concern.
3. Functions and Responsibilities:

ECOSOC's functions and responsibilities encompass a wide range of economic, social, and environmental
issues, including:
- Policy Coordination: ECOSOC serves as a platform for dialogue, consultation, and coordination among
member states, specialized agencies, and other stakeholders to address global challenges, promote policy
coherence, and facilitate consensus-building on key economic, social, and environmental issues.
- Development Cooperation: ECOSOC fosters international cooperation and solidarity in support of
sustainable development goals, mobilizing resources, sharing best practices, and promoting innovative
approaches to poverty eradication, social inclusion, and environmental sustainability.
- Monitoring and Reporting: ECOSOC monitors and evaluates progress towards internationally agreed
development goals, including the Sustainable Development Goals (SDGs), through regular reviews,
assessments, and reporting mechanisms, providing guidance and recommendations for action at the
national, regional, and global levels.
- Capacity Building and Technical Assistance: ECOSOC provides technical assistance, capacity-building
support, and advisory services to member states, particularly developing countries, to strengthen
institutional capacities, enhance policy frameworks, and promote inclusive and sustainable development
outcomes.
4. Role in Sustainable Development:
ECOSOC plays a central role in advancing the global sustainable development agenda, as articulated in
the 2030 Agenda for Sustainable Development and the SDGs:
- 2030 Agenda: ECOSOC oversees the implementation of the 2030 Agenda for Sustainable Development,
providing a platform for dialogue, review, and coordination of efforts to achieve the SDGs, including
through its High-level Political Forum on Sustainable Development (HLPF).
- HLPF: The HLPF, convened annually under the auspices of ECOSOC, serves as the central mechanism for
the follow-up and review of progress towards the SDGs, bringing together governments, civil society, and
other stakeholders to assess achievements, share experiences, and identify challenges and opportunities in
sustainable development.
5. Case Studies and Initiatives:

- Voluntary National Reviews (VNRs): ECOSOC conducts Voluntary National Reviews (VNRs) during the
HLPF, where member states present their progress on implementing the SDGs, sharing experiences,
lessons learned, and best practices, and identifying areas for action and support.
- Partnerships for Sustainable Development: ECOSOC facilitates partnerships and multi-stakeholder
collaborations to mobilize resources, leverage expertise, and scale up efforts to achieve the SDGs,
including through its annual Partnership Forum and various thematic initiatives and platforms.
6. Challenges and Opportunities:

While ECOSOC plays a critical role in advancing international cooperation and development, it faces
several challenges and opportunities in fulfilling its mandate:
- Resource Constraints: ECOSOC's effectiveness and impact are constrained by limited resources,
including financial, human, and technical capacities, necessitating greater support and investment from
member states and other stakeholders.
- Coordination and Fragmentation: ECOSOC must navigate complex institutional arrangements and
overlapping mandates within the UN system, promoting coherence, collaboration, and complementarity
among its subsidiary bodies, specialized agencies, and other stakeholders.
7. Conclusion:
In conclusion, ECOSOC serves as a vital platform for promoting international economic and social
cooperation, advancing sustainable development goals, and addressing global challenges. Through its
diverse membership, inclusive processes, and collaborative initiatives, ECOSOC plays a central role in
fostering dialogue, solidarity, and collective action towards a more equitable, inclusive, and sustainable
world.
30.Innocent Passage
Innocent passage is a key concept in public international law governing the navigation of vessels through
territorial seas. It is enshrined in the United Nations Convention on the Law of the Sea (UNCLOS) and is
fundamental to the freedom of navigation. This principle allows vessels to pass through the territorial seas
of coastal states under specific conditions without the need for prior authorization, subject to compliance
with certain rules and regulations aimed at ensuring peace, security, and environmental protection.
Understanding innocent passage is essential for safeguarding maritime rights and promoting cooperation
among coastal and maritime states.
1. Legal Basis and Framework:

Innocent passage is primarily governed by Part II of UNCLOS, which addresses the territorial sea and
contiguous zone. Article 17 of UNCLOS defines innocent passage as the "continuous and expeditious
passage through the territorial sea" of a foreign vessel that is not prejudicial to the peace, good order, or
security of the coastal state.
- Article 17, UNCLOS: "Subject to this Convention, ships of all States enjoy the right of innocent passage
through the territorial sea."
- Article 18, UNCLOS: This article specifies the conditions under which passage is considered innocent,
including prohibitions on activities such as fishing, pollution, and weapons testing.
2. Key Principles and Conditions:

Innocent passage is subject to certain principles and conditions aimed at protecting the sovereignty and
security of coastal states while ensuring the freedom of navigation for vessels:
- Continuous and Expeditious Passage: Vessels must transit through the territorial sea in a continuous and
expeditious manner, without unnecessary delays or interruptions.
- Non-prejudicial Conduct: Passage must be conducted in a manner that is not prejudicial to the peace,
good order, or security of the coastal state, respecting its sovereignty and legitimate interests.
- Prohibited Activities: UNCLOS prohibits certain activities during innocent passage, including any threat
or use of force, fishing, exercising, practicing, or conducting military maneuvers, and any act aimed at
collecting information harmful to the security of the coastal state.
3. Scope and Application:

Innocent passage applies to all vessels, including warships and submarines, regardless of their
nationality, flag, or purpose of navigation. However, certain restrictions and limitations may apply to
warships and other government vessels engaged in non-commercial activities.
- Submarines: UNCLOS clarifies that submarines must navigate on the surface and show their flag while
transiting through the territorial sea, except in cases of force majeure or distress.
- Warships: While warships enjoy the right of innocent passage, coastal states may impose certain
restrictions on their activities, particularly if they pose a threat to national security or public order.
4. Challenges and Controversies:

Despite the clear legal framework provided by UNCLOS, innocent passage has been the subject of
disputes and controversies, particularly in areas of heightened geopolitical tension or overlapping maritime
claims. Coastal states may assert excessive maritime claims or adopt unilateral measures to restrict the
freedom of navigation, leading to diplomatic tensions and maritime incidents.
- South China Sea: The South China Sea has been a focal point of disputes over innocent passage, with
coastal states, particularly China, asserting excessive maritime claims and adopting aggressive tactics to
assert sovereignty over disputed waters.
- Arctic Region: The melting of Arctic ice has led to increased maritime activity in the region, raising
concerns about the application of innocent passage and the protection of environmental and indigenous
rights.

International courts and tribunals have addressed issues related to innocent passage in various contexts,
providing guidance on the interpretation and application of UNCLOS provisions:
- Case of Ukraine v. Russia (Kerch Strait Incident): The International Tribunal for the Law of the Sea (ITLOS)
ruled on a dispute between Ukraine and Russia concerning the detention of Ukrainian naval vessels in the
Kerch Strait, emphasizing the right of innocent passage and condemning Russia's actions as a violation of
UNCLOS.
- Case of Philippines v. China (South China Sea Arbitration): The Arbitral Tribunal established under
UNCLOS ruled on a case brought by the Philippines against China concerning maritime claims in the South
China Sea, affirming the right of innocent passage and rejecting China's excessive maritime claims.
6. Conclusion:
Innocent passage is a fundamental principle of public international law governing the navigation of vessels
through territorial seas. As enshrined in UNCLOS, innocent passage ensures the freedom of navigation
while respecting the sovereignty and security of coastal states. Understanding the legal framework,
principles, and conditions of innocent passage is essential for safeguarding maritime rights, promoting
peaceful cooperation, and resolving disputes in accordance with international law.
31. UNCTAD (United Nations Conference on Trade and Development)
UNCTAD, established in 1964, is a principal organ of the United Nations (UN) dedicated to promoting
development through international trade and investment. It serves as a forum for dialogue, research, policy
analysis, and technical cooperation on trade and development issues, with a focus on addressing the needs
and interests of developing countries. UNCTAD's mandate encompasses a wide range of areas, including
trade negotiations, investment promotion, debt management, and sustainable development, making it a key
actor in shaping global trade and development policies.

UNCTAD was established by the United Nations General Assembly under Resolution 1995 (XIX) in 1964,
with its mandate outlined in subsequent resolutions and decisions. The legal basis for UNCTAD's activities
is derived from its founding documents, including its constitution and rules of procedure, as well as
relevant resolutions of the UN General Assembly.
- UNCTAD Constitution: The UNCTAD Constitution outlines the objectives, functions, and organizational
structure of UNCTAD, emphasizing its role in promoting international trade and development, enhancing
the participation of developing countries in the global economy, and addressing systemic issues affecting
trade and development.
- UN General Assembly Resolutions: The UN General Assembly regularly adopts resolutions and decisions
on UNCTAD's work, providing guidance and mandates for its activities, including its quadrennial
conferences, ministerial meetings, and expert groups.

UNCTAD's functions and responsibilities encompass a wide range of trade and development issues, with a
focus on addressing the needs and priorities of developing countries:
- Policy Analysis and Research: UNCTAD conducts research, analysis, and policy studies on key trade and
development issues, including trade trends, investment flows, commodity markets, and macroeconomic
policies, providing evidence-based insights and recommendations to policymakers and stakeholders.
- Technical Assistance and Capacity Building: UNCTAD provides technical assistance, capacity-building
support, and advisory services to developing countries, helping them strengthen their trade and investment
capacities, enhance competitiveness, and integrate into the global economy on more favorable terms.
- Trade Negotiations and Agreements: UNCTAD supports developing countries in participating effectively
in international trade negotiations and agreements, including bilateral, regional, and multilateral trade
negotiations, advocating for fair and inclusive trade rules and outcomes that benefit all parties.
- Debt Management and Financial Stability: UNCTAD assists developing countries in managing external
debt, promoting debt sustainability, and enhancing financial stability, addressing issues related to debt
relief, restructuring, and crisis prevention and management.
- Sustainable Development and Globalization: UNCTAD promotes sustainable development goals (SDGs)
and addresses the social, environmental, and economic dimensions of globalization, advocating for policies
and strategies that foster inclusive growth, poverty reduction, and environmental sustainability.
3. Key Initiatives and Programs:

UNCTAD implements various initiatives, programs, and projects to advance its mandate and objectives,
with a focus on building partnerships, mobilizing resources, and delivering tangible results for developing
countries:
- Trade and Development Report: UNCTAD's flagship publication provides in-depth analysis and policy
recommendations on current trade and development issues, serving as a valuable resource for
policymakers, researchers, and practitioners worldwide.
- World Investment Report: UNCTAD's annual report on foreign direct investment (FDI) trends, policies, and
prospects offers insights into global investment flows, investment policy developments, and investment-
related challenges and opportunities for development.
- eTrade for All Initiative: UNCTAD's eTrade for All initiative promotes inclusive e-commerce and digital
trade, helping developing countries harness the potential of digital technologies to expand access to
markets, facilitate trade, and promote sustainable development.
- Aid for Trade Initiative: UNCTAD's Aid for Trade initiative mobilizes resources and support for trade-
related infrastructure, capacity-building, and policy reforms in developing countries, enhancing their trade
competitiveness and integration into global value chains.
4. Contributions to International Trade Law:

UNCTAD has made significant contributions to the development of international trade law and norms,
including through its research, analysis, and advocacy efforts:
- UNCTAD Trade Law Division: UNCTAD's Trade Law Division conducts research and provides technical
assistance on international trade law issues, including trade negotiations, trade policy analysis, and dispute
settlement, contributing to the development of international trade norms and rules.
- Model Laws and Guidelines: UNCTAD has developed model laws, guidelines, and best practices in areas
such as electronic commerce, consumer protection, and competition policy, assisting countries in drafting
and implementing trade-related legislation and regulations in accordance with international standards.
5. Case Studies and Impact:

UNCTAD's work has had a tangible impact on the lives and livelihoods of people in developing countries,
fostering inclusive and sustainable development outcomes:
- Assistance to Least Developed Countries (LDCs): UNCTAD provides targeted technical assistance and
capacity-building support to LDCs, helping them address trade-related challenges, enhance productive
capacities, and integrate into the global economy.
- Trade Facilitation and Customs Modernization: UNCTAD's programs on trade facilitation and customs
modernization have helped countries streamline trade procedures, reduce trade costs, and improve
customs efficiency, facilitating cross-border trade and investment flows.

UNCTAD faces various challenges and opportunities in fulfilling its mandate and advancing its objectives,
including:
- Resource Constraints: UNCTAD's ability to deliver technical assistance and capacity-building support is
constrained by limited financial resources, necessitating greater mobilization of funding and support from
member states, donors, and other stakeholders.
- Coordination with Other Organizations: UNCTAD must coordinate its activities and initiatives with other
international organizations, regional bodies, and stakeholders to avoid duplication of efforts and maximize
synergies in promoting trade and development.
7. Conclusion:
In conclusion, UNCTAD plays a crucial role in promoting international trade and development, supporting
developing countries in harnessing the benefits of globalization, and addressing the challenges and
opportunities of the global economy. Through its research, analysis, technical assistance, and advocacy
efforts, UNCTAD contributes to building a more inclusive, equitable, and sustainable world economy,
advancing the interests and priorities of developing countries on the global stage.
32.ILO ( THE INTERNATIONAL LABOUR ORGANISATION )

The International Labour Organization (ILO) is a specialized agency of the United Nations dedicated to
promoting social justice and internationally recognized human and labor rights. Established in 1919, the ILO
is the oldest international organization and has played a central role in shaping global labor standards,
policies, and practices. Through its tripartite structure, comprising governments, employers, and workers,
the ILO seeks to advance decent work and fair treatment for all individuals, fostering inclusive and
sustainable development worldwide.

The ILO was established by the Treaty of Versailles in 1919, as part of the League of Nations system, and
became a specialized agency of the United Nations in 1946. Its mandate is enshrined in its constitution,
which sets forth its objectives and principles, as well as in various international conventions and
instruments adopted by the organization.
- ILO Constitution: The ILO's constitution emphasizes the promotion of social justice and the improvement
of living and working conditions worldwide. It recognizes the principle of freedom of association, the right
to collective bargaining, and the elimination of forced labor, child labor, and discrimination in employment.
- International Labour Conventions: The ILO has adopted numerous international labor conventions,
covering a wide range of topics, including employment, occupational safety and health, wages, working
hours, social security, and labor migration. These conventions establish binding obligations for member
states to uphold and implement labor standards in their national legal frameworks.

The ILO's functions and responsibilities are defined by its constitution and include the following key
areas:- Standard-Setting: The ILO develops international labor standards through the adoption of
conventions and recommendations, setting out principles and rights at work that member states are
encouraged to implement through national legislation and policies.
- Technical Assistance: The ILO provides technical assistance and advisory services to member states to
help them strengthen their labor laws and institutions, improve working conditions, promote employment
creation, and enhance social protection systems.
- Research and Policy Development: The ILO conducts research and analysis on labor market trends,
employment policies, social protection mechanisms, and other relevant topics, informing policy debates
and shaping international labor policies and practices.
- Promotion of Social Dialogue: The ILO promotes social dialogue and tripartism as essential mechanisms
for resolving labor disputes, negotiating collective agreements, and fostering cooperation among
governments, employers, and workers' organizations.
3. Key Instruments and Conventions:

The ILO's work is guided by its international labor conventions and recommendations, which serve as the
foundation for global labor standards and norms. Some of the most notable conventions include:
- Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87): This
convention recognizes the right of workers and employers to establish and join organizations of their
choice, without interference from the state or employers.
- Right to Organize and Collective Bargaining Convention, 1949 (No. 98): This convention safeguards the
right of workers to organize and bargain collectively with employers, ensuring fair wages, working
conditions, and terms of employment.
- Minimum Age Convention, 1973 (No. 138) and Worst Forms of Child Labour Convention, 1999 (No. 182):
These conventions aim to eliminate child labor and protect children from exploitation, setting minimum age
requirements for employment and prohibiting the worst forms of child labor, such as slavery, trafficking,
and hazardous work.
- Decent Work Agenda: The ILO's Decent Work Agenda encompasses four pillars: employment creation,
social protection, rights at work, and social dialogue. It promotes a holistic approach to labor and social
policies, aiming to ensure that all individuals have access to decent and productive work, with fair wages,
security, and dignity.
4. Enforcement and Compliance Mechanisms:

The ILO relies on various mechanisms to monitor the implementation and enforcement of its labor
standards, including:
- Supervisory System: The ILO's supervisory system consists of committees of independent experts who
review reports submitted by member states on the implementation of ratified conventions and make
recommendations for compliance.
- Technical Cooperation Programs: The ILO provides technical assistance to member states to help them
meet their obligations under international labor standards, including capacity-building, policy advice, and
institutional strengthening.
- Tripartite Consultations: The ILO facilitates tripartite consultations among governments, employers, and
workers' organizations to address labor-related challenges, develop national action plans, and promote
consensus-building on labor policies and practices.
5. Case Studies and Impact:

The ILO's work has had a significant impact on labor rights, employment, and social protection worldwide,
with numerous success stories and achievements:
- Elimination of Forced Labour: The ILO's Forced Labour Convention, 1930 (No. 29) and Protocol of 2014
have contributed to the global effort to eradicate forced labor, leading to legislative reforms, awareness-
raising campaigns, and enhanced law enforcement in many countries.
- Reduction of Child Labour: The ILO's efforts to combat child labor have resulted in significant reductions
in child labor rates globally, through education programs, social protection measures, and targeted
interventions in sectors with high incidences of child labor.
- Promotion of Gender Equality: The ILO has advanced gender equality in the workplace through
conventions such as the Equal Remuneration Convention, 1951 (No. 100) and the Discrimination
(Employment and Occupation) Convention, 1958 (No. 111), advocating for equal pay for equal work and non-
discrimination in employment.

Despite its achievements, the ILO faces several challenges in advancing its mandate and objectives in the
21st century, including:
- Informal Economy: The growth of the informal economy presents challenges for labor rights and social
protection, as many workers lack formal employment contracts, social security coverage, and legal
protections.
- Globalization and Technological Change: Globalization and technological advancements are reshaping
labor markets and employment relations, raising questions about job quality, skills development, and social
protection in the digital age.
- Informality and Precarious Work: The rise of informal and precarious forms of employment, such as
temporary work, gig work, and subcontracting, poses challenges for labor regulation and social protection,
as many workers are excluded from legal protections and benefits.
7. Conclusion: In conclusion, the ILO plays a critical role in promoting social justice, decent work, and
internationally recognized labor rights worldwide. Through its standard-setting, technical assistance, and
advocacy efforts, the ILO has made significant contributions to advancing the welfare and well-being of
workers, enhancing social protection, and fostering inclusive and sustainable development. As labor
markets evolve and new challenges emerge, the ILO remains committed to its mission of promoting social
justice and fair treatment for all individuals, building a better future for workers and communities around
the world.
33.WHO ( WORLD HEALTH ORGANISATION )
The World Health Organization (WHO) is a specialized agency of the United Nations responsible for
international public health. Established in 1948, the WHO operates as a coordinating authority on global
health matters, setting norms and standards, providing technical assistance, and coordinating international
responses to health emergencies. Its mandate encompasses a wide range of health-related issues,
including disease prevention and control, health promotion, health systems strengthening, and the
development of international health regulations. Understanding the WHO's role within the framework of
public international law is essential for addressing global health challenges and promoting the right to
health for all.

The WHO's legal basis and framework are established through its constitution, international health
regulations, resolutions of its governing bodies, and international treaties:
- WHO Constitution: The WHO Constitution, adopted by the International Health Conference in 1946 and
entered into force in 1948, provides the legal foundation for the organization's mandate, functions, and
structure. It defines the WHO's objective as the attainment by all peoples of the highest possible level of
health and lists its functions, including providing technical assistance, conducting research, and
coordinating international health activities.
- International Health Regulations (2005): The International Health Regulations (IHR) are a legally binding
instrument aimed at preventing, protecting against, controlling, and responding to the international spread
of diseases. Adopted by the World Health Assembly in 2005 and revised in 2007, the IHR provide a
framework for countries to report public health events and respond to health emergencies in a coordinated
manner, thereby enhancing global health security.
The WHO fulfills its mandate through various functions and responsibilities, including:
- Health Policy and Advocacy: The WHO develops and promotes evidence-based health policies,
strategies, and guidelines to address global health challenges, such as infectious diseases, non-
communicable diseases, maternal and child health, and environmental health.
- Disease Surveillance and Response: The WHO monitors global health trends, conducts risk assessments,
and coordinates responses to disease outbreaks and public health emergencies, including epidemics,
pandemics, and natural disasters.
- Capacity Building and Technical Assistance: The WHO provides technical assistance, capacity-building
support, and training to member states and other stakeholders to strengthen health systems, improve
health governance, and build resilience against health threats.
- Norms and Standards Setting: The WHO develops and promotes international norms, standards, and
regulations in areas such as health products and technologies, food safety, sanitation, and environmental
health, facilitating harmonized approaches and mutual recognition among member states.
3. International Health Regulations (IHR):

The International Health Regulations (2005) are a key instrument for strengthening global health security
and promoting collaboration among countries to prevent and control the spread of infectious diseases. The
IHR provide a legal framework for countries to:
- Notification and Reporting: Member states are required to notify the WHO of certain public health
events, including outbreaks of international concern, within specified timeframes and to provide relevant
information and data to facilitate risk assessment and response coordination.
- Capacity Building: Member states are obligated to develop and maintain core public health capacities to
detect, assess, notify, and respond to public health risks and emergencies, including laboratory capacity,
surveillance systems, and emergency preparedness plans.
- Collaboration and Coordination: The IHR promote collaboration and coordination among countries, as
well as between the WHO and other international organizations, in responding to health emergencies,
sharing information, expertise, and resources, and coordinating response efforts.
4. Pandemic Preparedness and Response:

The WHO plays a central role in pandemic preparedness and response, as demonstrated by its leadership
in addressing global health crises such as the COVID-19 pandemic. The WHO's functions in this regard
include:
- Risk Assessment and Communication: The WHO conducts risk assessments, issues recommendations
and guidance, and communicates with member states, the public, and other stakeholders to inform
decision-making and promote effective response measures.
- Technical Support and Guidance: The WHO provides technical support, guidance, and capacity-building
assistance to member states in areas such as surveillance, laboratory diagnostics, infection prevention and
control, clinical management, and vaccine development and deployment.
- Global Coordination: The WHO facilitates global coordination and collaboration among countries,
international organizations, research institutions, and industry partners in research and development,
procurement and distribution of medical supplies, and deployment of health workers and resources.

The WHO faces various challenges and opportunities in fulfilling its mandate and addressing global
health challenges, including:
- Emerging Infectious Diseases: The emergence of new infectious diseases and the re-emergence of
known pathogens pose ongoing threats to global health security, requiring proactive surveillance,
preparedness, and response strategies.
- Health Inequities: Health inequities persist within and between countries, driven by social, economic, and
environmental factors, necessitating efforts to address underlying determinants of health and promote
health equity and universal health coverage.
- Political and Financial Constraints: Political tensions, funding gaps, and competing priorities may impede
the WHO's ability to effectively coordinate global health efforts and respond to health emergencies,
highlighting the need for sustained political commitment and resource mobilization.
6. Conclusion:The World Health Organization plays a vital role in advancing global health and promoting the
right to health for all. As the leading international health agency, the WHO operates within a robust legal
framework, including its constitution and international health regulations, to fulfill its mandate of
preventing, protecting against, and responding to health threats worldwide. By fostering collaboration,
setting norms and standards, and providing technical assistance and guidance, the WHO contributes to
improving health outcomes, enhancing health security, and advancing the well-being of people around the
world.
34.Jurisdiction of ICJ
The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN), tasked with
settling legal disputes between states and providing advisory opinions on legal questions referred to it by
UN organs and specialized agencies. Established in 1945 by the UN Charter, the ICJ operates as an
independent judicial body with jurisdiction over a wide range of international legal issues, including
disputes related to treaty interpretation, state responsibility, territorial sovereignty, and human rights.
Understanding the jurisdiction of the ICJ is essential for comprehending its role in the international legal
order and its contribution to the peaceful settlement of international disputes.

The jurisdiction of the ICJ is primarily governed by its statute, as well as relevant provisions of
international treaties, customary international law, and UN resolutions:
- ICJ Statute: The Statute of the International Court of Justice, annexed to the UN Charter, outlines the
jurisdictional powers, procedures, and functions of the ICJ, including its competence to hear contentious
cases between states and render advisory opinions on legal questions.
- Article 36 of the ICJ Statute: Article 36 of the ICJ Statute enumerates the sources of jurisdiction of the
Court, including:
- Jurisdiction based on consent (i.e., when states submit to the jurisdiction of the ICJ through treaties,
special agreements, or declarations),
- Jurisdiction based on optional clause declarations (i.e., when states accept the ICJ's jurisdiction without
prior consent),
- Jurisdiction based on reciprocity (i.e., when states recognize each other's consent to ICJ jurisdiction),
- Jurisdiction based on multilateral treaties conferring jurisdiction on the ICJ.
2. Types of Jurisdiction:
The jurisdiction of the ICJ can be classified into two main categories: contentious jurisdiction and advisory
jurisdiction:
- Contentious Jurisdiction: The ICJ has jurisdiction to hear disputes between states (contentious cases) on
matters of international law, provided that both parties consent to its jurisdiction. Contentious cases
typically involve disputes over territorial sovereignty, maritime boundaries, treaty interpretation, state
responsibility, and diplomatic or consular relations.
- Advisory Jurisdiction: The ICJ may provide advisory opinions on legal questions referred to it by UN
organs, specialized agencies, or international organizations authorized by the UN General Assembly or
Security Council. Advisory opinions are non-binding but carry significant weight as authoritative
interpretations of international law.
3. Basis of Jurisdiction:
The ICJ's jurisdiction is based on consent, which may be expressed through various means, including:
- Treaties: States may confer jurisdiction on the ICJ through treaties, bilateral agreements, or multilateral
conventions that contain provisions referring disputes to the Court for resolution. For example, the Statute
of the ICJ itself constitutes a treaty that establishes the Court's jurisdiction over certain types of disputes
between states.
- Optional Clause Declarations: States may accept the compulsory jurisdiction of the ICJ by making
declarations under Article 36(2) of the ICJ Statute, commonly known as optional clause declarations. By
depositing an optional clause declaration with the UN Secretary-General, a state agrees to submit disputes
arising with other consenting states to the ICJ for adjudication.
- Special Agreements: States may also consent to the jurisdiction of the ICJ by concluding special
agreements (compromis) referring specific disputes to the Court for resolution. Special agreements may
arise through negotiations between parties to a dispute or as part of mediation or conciliation efforts
facilitated by third parties or international organizations.
4. Limitations and Exceptions:

Despite its broad jurisdiction, the ICJ's authority is subject to certain limitations and exceptions:
- Exclusions and Reservations: Some treaties or agreements may exclude certain categories of disputes
from the jurisdiction of the ICJ or include reservations that limit the scope of the Court's jurisdiction. States
may also make reservations to optional clause declarations, excluding specific types of disputes from
compulsory ICJ jurisdiction.
- State Immunity: The ICJ generally cannot exercise jurisdiction over matters involving the sovereign acts
of states or disputes between states and foreign individuals or entities unless the states concerned have
expressly consented to waive their immunity or submit to the jurisdiction of the Court.

The jurisprudence of the ICJ includes numerous landmark cases and advisory opinions that have shaped
the development of international law and contributed to the clarification of its jurisdictional parameters:
- Case Concerning Military and Paramilitary Activities In and Against Nicaragua (Nicaragua v. United
States): In this contentious case, the ICJ addressed Nicaragua's claims against the United States for
alleged military and paramilitary activities in violation of international law. The Court ruled on jurisdictional
issues, including the admissibility of Nicaragua's claims and the validity of the United States' objections to
ICJ jurisdiction.
- Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (Advisory
Opinion): In this advisory opinion, the ICJ considered legal questions related to the construction of a barrier
by Israel in the Occupied Palestinian Territory. The Court addressed jurisdictional issues raised by the UN
General Assembly and provided guidance on the applicable principles of international law.
6. Conclusion:
The jurisdiction of the International Court of Justice is a cornerstone of the international legal order,
providing a forum for the peaceful settlement of disputes between states and authoritative interpretations
of international law. Grounded in consent and established legal principles, the ICJ's jurisdictional
framework reflects the commitment of the international community to the rule of law, justice, and the
peaceful resolution of conflicts. As a key institution of the United Nations, the ICJ plays a vital role in
upholding the principles and values enshrined in the UN Charter and advancing the cause of international
peace and security.
35.Optional Clause
The concept of an optional clause in public international law refers to a provision in international treaties or
declarations that allows states to accept the jurisdiction of an international judicial body, such as the
International Court of Justice (ICJ), for the resolution of disputes. The optional clause provides states with
the opportunity to submit to the jurisdiction of the ICJ, thereby enabling the Court to hear cases involving
those states, even in the absence of a specific agreement or consent by both parties to a dispute.
Understanding the significance, application, and implications of optional clauses is essential for
comprehending the dynamics of international dispute resolution and the role of international courts in
adjudicating disputes between states.
1. Legal Basis and Definition:

The legal basis for optional clauses can be found in international treaties, conventions, and declarations,
as well as in the statutes of international judicial bodies like the ICJ. An optional clause typically allows
states to make a declaration recognizing the jurisdiction of the court as compulsory for certain categories
of disputes. The clause is "optional" because it is up to each state to decide whether or not to accept the
jurisdiction of the court under the terms specified in the declaration.
- Example: Article 36(2) of the Statute of the International Court of Justice provides for an optional clause,
allowing states to make declarations recognizing the jurisdiction of the ICJ as compulsory for certain
categories of legal disputes. States may choose to accept the compulsory jurisdiction of the ICJ by
depositing a declaration with the court's registrar, specifying the scope and conditions of their consent.
2. Purpose and Function:

The primary purpose of an optional clause is to facilitate the resolution of disputes between states by
providing them with a mechanism to access international judicial institutions for the peaceful settlement of
disputes. By accepting the jurisdiction of a court like the ICJ through an optional clause, states demonstrate
their commitment to the rule of law, international cooperation, and the peaceful resolution of conflicts.
- Example: Optional clauses allow states to resolve legal disputes concerning matters such as territorial
sovereignty, interpretation of treaties, state responsibility, and diplomatic or consular relations before the
ICJ, thereby promoting the peaceful settlement of disputes and the rule of law in international relations.
3. Key Elements of Optional Clauses:

Optional clauses typically contain several key elements that define the scope, conditions, and limitations
of a state's acceptance of the jurisdiction of an international court:
- Scope of Jurisdiction: Optional clauses specify the types of disputes or legal questions for which a state
accepts the compulsory jurisdiction of the court. This may include disputes concerning particular subject
matters, treaties, or categories of legal issues.
- Conditions and Limitations: Optional clauses may include conditions or limitations on the exercise of
jurisdiction by the court, such as reservations, exclusions, or restrictions on the types of disputes that can
be submitted to the court for adjudication.
- Duration and Withdrawal: Optional clauses may specify the duration of a state's acceptance of the
court's jurisdiction and the procedures for withdrawal or amendment of the declaration. States may
withdraw or modify their declarations under certain conditions, subject to the provisions of the optional
clause and applicable rules of international law.
4. Implementation and Practice:

Optional clauses are implemented through declarations made by states expressing their consent to the
jurisdiction of an international court. States typically deposit their declarations with the court's registrar,
who maintains a registry of optional clause declarations and communicates them to other states and
relevant stakeholders.
- Example: States that are parties to the Statute of the ICJ may submit optional clause declarations
accepting the court's jurisdiction under Article 36(2). These declarations are published in the court's official
reports and communicated to other states through diplomatic channels.
- Case Law: The jurisprudence of international courts like the ICJ provides insights into the application and
interpretation of optional clauses in practice. Court decisions and advisory opinions addressing
jurisdictional issues, including the validity and scope of optional clause declarations, contribute to the
development of international law and the clarification of states' rights and obligations.
5. Implications and Considerations:

States considering the use of optional clauses must weigh various factors and considerations, including
the potential benefits, risks, and implications of accepting the jurisdiction of an international court:
- Access to Justice: Optional clauses provide states with access to international judicial institutions for the
resolution of disputes, offering a forum for the peaceful settlement of conflicts and the interpretation of
international law.
- Legal Obligations: Acceptance of the jurisdiction of an international court through an optional clause
entails legal obligations and responsibilities for states, including compliance with court decisions and
judgments rendered in cases to which they are parties.
- Sovereignty and Autonomy: States must balance considerations of sovereignty and autonomy with the
benefits of international dispute resolution, taking into account their national interests, legal traditions,
and policy objectives when deciding whether to submit to the jurisdiction of an international court.
6. Conclusion:
In conclusion, optional clauses play a significant role in public international law by providing states with a
mechanism to accept the compulsory jurisdiction of international courts for the resolution of disputes. By
making declarations under optional clauses, states demonstrate their commitment to the peaceful
settlement of conflicts, the rule of law, and international cooperation. Understanding the function,
implementation, and implications of optional clauses is essential for promoting the effective and equitable
resolution of disputes between states and upholding the principles and values of the international legal
order.
36.UNISPACE
UNISPACE, short for United Nations Conference on the Exploration and Peaceful Uses of Outer Space,
represents a pivotal initiative within the realm of public international law aimed at fostering cooperation
among nations in the exploration and utilization of outer space for peaceful purposes. Established under
the auspices of the United Nations, UNISPACE serves as a platform for addressing legal, policy, and
technical challenges associated with space exploration, promoting international collaboration, and
ensuring the equitable and sustainable use of outer space resources. Understanding the legal framework,
treaties, conventions, and case laws pertinent to UNISPACE is essential for comprehending its significance
and impact in shaping international space law and governance.
1. Genesis and Mandate of UNISPACE:
UNISPACE originated from the growing recognition of the potential benefits and challenges of outer
space exploration and the need for international cooperation in this domain. The initiative was first
launched in 1968 with the convening of the United Nations Conference on the Exploration and Peaceful
Uses of Outer Space (UNISPACE I), followed by subsequent conferences and initiatives aimed at promoting
international cooperation and coordination in space activities.
- UNISPACE I (1968): The inaugural UNISPACE conference laid the foundation for international
cooperation in space exploration, highlighting the importance of peaceful uses of outer space, the role of
the United Nations in promoting cooperation among nations, and the need for establishing legal
frameworks and mechanisms to govern space activities.
2. Legal Framework and Treaties:

The legal framework governing outer space activities is anchored in several key international treaties,
conventions, and agreements, which provide the basis for cooperation, regulation, and coordination of
space activities among nations:
- Outer Space Treaty (1967): The Outer Space Treaty, also known as the Treaty on Principles Governing
the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial
Bodies, serves as the cornerstone of international space law. Adopted in 1967 and entered into force in
1967, the treaty establishes fundamental principles governing the exploration and use of outer space,
including the peaceful use of space, the prohibition of weapons of mass destruction in space, and the
equitable sharing of benefits derived from space exploration.
- Moon Agreement (1979): The Agreement Governing the Activities of States on the Moon and Other
Celestial Bodies, commonly known as the Moon Agreement, supplements the Outer Space Treaty by
providing additional legal principles and regulations specifically related to lunar exploration and utilization.
Although the Moon Agreement has not been widely ratified, it remains a significant treaty framework for
addressing legal issues pertaining to lunar activities.
- International Telecommunication Union (ITU) Regulations: The ITU, a specialized agency of the United
Nations, administers regulations and procedures governing the use of radio frequencies and satellite orbits
for space-based communication and broadcasting services. The ITU regulations play a crucial role in
facilitating international cooperation and coordination in space-based telecommunications and
broadcasting activities.
3. Key Principles and Objectives of UNISPACE:

UNISPACE embodies several key principles and objectives aimed at promoting international cooperation,
coordination, and capacity-building in space exploration and utilization:
- Peaceful Uses of Outer Space: UNISPACE reaffirms the principle of the peaceful uses of outer space,
emphasizing the importance of avoiding conflicts and promoting cooperation among nations in space
exploration and activities.
- Global Access and Equity: UNISPACE seeks to ensure equitable access to outer space resources and
opportunities for all nations, including developing countries, by fostering capacity-building, technology
transfer, and knowledge sharing.
- Sustainable Development: UNISPACE promotes the sustainable and responsible use of outer space
resources, taking into account environmental considerations, social impacts, and long-term sustainability
goals.
4. Implementation and Outcomes:

UNISPACE conferences serve as forums for dialogue, collaboration, and consensus-building among
member states, space agencies, international organizations, industry stakeholders, and civil society actors.
These conferences provide opportunities for discussing emerging issues, sharing best practices, and
identifying priorities for international cooperation in space exploration and utilization.
- Capacity-Building Initiatives: UNISPACE conferences often include capacity-building workshops,
technical sessions, and training programs aimed at enhancing the capabilities of developing countries in
space science, technology, and applications. These initiatives help bridge the digital divide and promote
inclusive participation in the benefits of space exploration.
- Policy Recommendations: UNISPACE conferences produce policy recommendations, action plans, and
declarations outlining shared goals and priorities for international cooperation in space activities. These
documents serve as guidance for national governments, space agencies, and other stakeholders in shaping
their space policies and strategies.
5. Case Studies and Best Practices:

UNISPACE conferences have led to several notable case studies and best practices in international space
cooperation, including:
- Remote Sensing and Earth Observation: International collaboration in remote sensing and Earth
observation satellites has enabled countries to monitor and manage natural resources, mitigate
environmental risks, and address global challenges such as climate change, deforestation, and natural
disasters.
- Satellite Navigation and Positioning Systems: Global navigation satellite systems (GNSS), such as the
Global Positioning System (GPS) and the European Union's Galileo system, demonstrate the benefits of
international cooperation in satellite navigation and positioning technologies, enabling precise positioning,
timing, and navigation services worldwide.

Despite its achievements, UNISPACE faces various challenges and opportunities in advancing international
cooperation in space exploration, including:
- Space Debris and Environmental Sustainability: The proliferation of space debris poses risks to space
infrastructure and activities, highlighting the need for international cooperation in space debris mitigation,
remediation, and space traffic management.
- Emerging Technologies and Applications: Advances in space technologies, such as small satellites,
reusable launch vehicles, and lunar exploration missions, present new opportunities for international
collaboration in space exploration, science, and commercial ventures.
7. Conclusion:
In conclusion, UNISPACE represents a crucial initiative in public international law aimed at promoting
international cooperation, coordination, and capacity-building in space exploration and utilization. By
fostering dialogue, sharing knowledge, and setting common goals and priorities, UNISPACE conferences
contribute to advancing the peaceful and sustainable use of outer space for the benefit of all humanity. As
nations continue to explore new frontiers in space, UNISPACE remains a vital platform for addressing legal,
policy, and technical challenges and ensuring the equitable and responsible management of outer space
resources for present and future generations.
37.MEANING INTERNATIONAL LAW
International law, often referred to as the law of nations or public international law, is a body of rules and
principles that govern the conduct of states and other international actors in their interactions with one
another. It encompasses a wide range of legal norms, institutions, and mechanisms designed to regulate
state behavior, promote cooperation, resolve disputes, and uphold common values and interests at the
international level. Understanding the meaning and scope of international law is essential for grasping its
role in shaping the international legal order and addressing global challenges.
1. Legal Basis and Sources:

International law derives its authority from various sources, including treaties, customary practices,
general principles of law, judicial decisions, and writings of scholars. The primary sources of international
law, as recognized in Article 38(1) of the Statute of the International Court of Justice (ICJ), include:
- Treaties: Treaties are formal agreements concluded between states and other international actors,
establishing legal rights and obligations between the parties. Treaties may cover a wide range of subjects,
such as human rights, environmental protection, trade, and disarmament.
5. Case Studies and Best Practices:

UNISPACE conferences have led to several notable case studies and best practices in international space
cooperation, including:
- Remote Sensing and Earth Observation: International collaboration in remote sensing and Earth
observation satellites has enabled countries to monitor and manage natural resources, mitigate
environmental risks, and address global challenges such as climate change, deforestation, and natural
disasters.
- Satellite Navigation and Positioning Systems: Global navigation satellite systems (GNSS), such as the
Global Positioning System (GPS) and the European Union's Galileo system, demonstrate the benefits of
international cooperation in satellite navigation and positioning technologies, enabling precise positioning,
timing, and navigation services worldwide.

Despite its achievements, UNISPACE faces various challenges and opportunities in advancing international
cooperation in space exploration, including:
- Space Debris and Environmental Sustainability: The proliferation of space debris poses risks to space
infrastructure and activities, highlighting the need for international cooperation in space debris mitigation,
remediation, and space traffic management.
- Emerging Technologies and Applications: Advances in space technologies, such as small satellites,
reusable launch vehicles, and lunar exploration missions, present new opportunities for international
collaboration in space exploration, science, and commercial ventures.
7. Conclusion:
In conclusion, UNISPACE represents a crucial initiative in public international law aimed at promoting
international cooperation, coordination, and capacity-building in space exploration and utilization. By
fostering dialogue, sharing knowledge, and setting common goals and priorities, UNISPACE conferences
contribute to advancing the peaceful and sustainable use of outer space for the benefit of all humanity. As
nations continue to explore new frontiers in space, UNISPACE remains a vital platform for addressing legal,
policy, and technical challenges and ensuring the equitable and responsible management of outer space
resources for present and future generations.
37.MEANING INTERNATIONAL LAW
International law, often referred to as the law of nations or public international law, is a body of rules and
principles that govern the conduct of states and other international actors in their interactions with one
another. It encompasses a wide range of legal norms, institutions, and mechanisms designed to regulate
state behavior, promote cooperation, resolve disputes, and uphold common values and interests at the
international level. Understanding the meaning and scope of international law is essential for grasping its
role in shaping the international legal order and addressing global challenges.
1. Legal Basis and Sources:

International law derives its authority from various sources, including treaties, customary practices,
general principles of law, judicial decisions, and writings of scholars. The primary sources of international
law, as recognized in Article 38(1) of the Statute of the International Court of Justice (ICJ), include:
- Treaties: Treaties are formal agreements concluded between states and other international actors,
establishing legal rights and obligations between the parties. Treaties may cover a wide range of subjects,
such as human rights, environmental protection, trade, and disarmament.
- Customary International Law: Customary international law consists of practices and norms that states
accept as legally binding through a sense of legal obligation (opinio juris). Customary law evolves over time
through the consistent and widespread practice of states and is evidenced by state practice and opinio
juris.
- General Principles of Law: General principles of law recognized by civilized nations serve as a
supplementary source of international law. These principles include fundamental concepts of justice,
fairness, and equity that underpin legal systems worldwide.
- Judicial Decisions and Scholarly Writings: Judicial decisions of international tribunals, such as the ICJ and
other international courts, contribute to the development and interpretation of international law. Scholarly
writings and opinions of legal experts also play a role in shaping the understanding and application of
international legal norms.
2. Subjects of International Law:

International law governs the conduct of various subjects, including:
- States: States are the primary subjects of international law, possessing legal personality and rights and
obligations under international law. States have sovereign equality and enjoy rights such as territorial
integrity, political independence, and diplomatic immunity.
- International Organizations: International organizations, such as the United Nations (UN), regional
organizations, and specialized agencies, also have legal personality and operate within the framework of
international law. These organizations play a significant role in addressing global challenges and promoting
cooperation among states.
- Individuals: While traditionally not considered subjects of international law, individuals increasingly play
a role in the international legal system, particularly in the context of human rights law and international
criminal law. Individuals may have rights and obligations under certain international treaties and customary
norms.
3. Key Principles and Concepts:
International law is guided by fundamental principles and concepts that shape its application and
interpretation:
- Sovereignty: Sovereignty is a foundational principle of international law, emphasizing the independence
and autonomy of states within their territorial boundaries. States are sovereign entities entitled to govern
their internal affairs and interact with other states on the basis of equality and mutual respect.
- State Responsibility: States are responsible for their conduct under international law and may be held
accountable for violations of international obligations. State responsibility encompasses principles of
attribution, due diligence, and reparations for wrongful acts.
- Peaceful Settlement of Disputes: International law promotes the peaceful settlement of disputes
between states through negotiation, mediation, arbitration, and adjudication. International courts and
tribunals, such as the ICJ, provide mechanisms for the resolution of legal disputes according to established
legal procedures and principles.
- Cooperation and Good Faith: States are expected to cooperate with one another in the spirit of good
faith to achieve common goals and address shared challenges. Principles of cooperation underlie various
areas of international law, including environmental protection, trade, and development.
4. Application and Enforcement:
International law operates through a decentralized system of implementation and enforcement, relying on
the voluntary compliance of states, diplomatic channels, and international institutions:
- Compliance and Enforcement Mechanisms: States comply with international legal obligations through
domestic legislation, administrative measures, and judicial decisions. International institutions and
organizations may also play a role in monitoring compliance and facilitating enforcement efforts.
- Diplomatic Relations: Diplomatic channels provide a means for states to address legal disputes,
negotiate agreements, and seek diplomatic protection for their nationals abroad. Diplomatic immunity and
consular relations are governed by established norms of international law.
- International Courts and Tribunals: International courts and tribunals adjudicate disputes between states
and provide authoritative interpretations of international law. The ICJ, as the principal judicial organ of the
UN, hears cases between states and issues advisory opinions on legal questions referred to it by UN organs.
5. Challenges and Contemporary Issues:

International law faces various challenges and contemporary issues in addressing complex global
problems, including:
- State Sovereignty vs. Global Interdependence: Balancing the principles of state sovereignty with the
need for international cooperation and collective action to address transnational threats, such as climate
change, terrorism, and pandemics.
- Enforcement and Compliance: Ensuring effective enforcement mechanisms and promoting universal
compliance with international legal norms, particularly in cases where states may have conflicting interests
or divergent interpretations of international law.
- Emerging Technologies and Cybersecurity: Addressing legal and regulatory gaps in areas such as
cyberspace, artificial intelligence, and outer space activities, where rapid technological advancements
pose new challenges for international law and governance.
6. Conclusion:
In conclusion, international law encompasses a complex and evolving system of rules, principles, and
institutions that govern the conduct of states and other international actors in the international arena.
Rooted in principles of sovereignty, equality, and cooperation, international law plays a vital role in
promoting peace, security, and justice at the global level. By providing a framework for cooperation,
conflict resolution, and the protection of human rights and shared interests, international law contributes
to the stability and prosperity of the international community and reflects humanity's collective aspirations
for a more just and peaceful world order.
38.INTERNATIONAL DELEQUENCIES
In the context of public international law, the term "international delinquencies" refers to acts or omissions
by states that violate their obligations under international law, thereby causing harm to other states,
international organizations, or the international community as a whole. International delinquencies
encompass a wide range of wrongful acts, including breaches of international treaties, violations of
customary international law, and actions that constitute threats to international peace and security.
Understanding the concept of international delinquencies is crucial for maintaining international order,
upholding the rule of law, and promoting accountability and responsibility among states in the international
arena.

International delinquencies are rooted in the principles and rules of public international law, which govern
the conduct of states and regulate their relations with each other. While there is no single definition of
international delinquencies in international law, the concept encompasses acts or omissions that
contravene established norms, standards, and obligations under international law.
- Customary International Law: Customary international law sets forth general principles of state
responsibility, including prohibitions against the use of force, aggression, intervention, and other wrongful
acts that constitute international delinquencies.
- Treaties and Conventions: International treaties and conventions may contain provisions that define
specific acts or omissions as international delinquencies, prescribing legal consequences and remedies for
violations thereof.
2. Types of International Delinquencies:

International delinquencies can manifest in various forms and contexts, including:
- Breaches of International Treaties: States may commit international delinquencies by failing to fulfill
their obligations under international treaties, such as violating the terms of bilateral or multilateral
agreements, disregarding treaty-based dispute settlement mechanisms, or withdrawing from treaties
without proper justification or compliance with withdrawal procedures.
- Violations of Customary International Law: States may engage in international delinquencies by violating
customary international law norms and principles, including prohibitions against genocide, crimes against
humanity, war crimes, piracy, and other serious violations of human rights and humanitarian law.
- Threats to International Peace and Security: States may commit international delinquencies by engaging
in acts or omissions that pose threats to international peace and security, such as aggression, armed
conflict, terrorism, proliferation of weapons of mass destruction, and other destabilizing activities.
3. Legal Framework for Addressing International Delinquencies:

International law provides a framework for addressing international delinquencies and holding states
accountable for their wrongful conduct. Key elements of this framework include:
- State Responsibility: The principle of state responsibility establishes that states are accountable for
internationally wrongful acts attributable to them under international law. States may be held responsible
for breaches of treaty obligations, violations of customary international law, and other wrongful acts that
cause harm to other states or the international community.
- Remedies and Reparations: States that commit international delinquencies may be required to provide
remedies and reparations to injured parties, including restitution, compensation, satisfaction, and
guarantees of non-repetition. These remedies aim to redress the harm caused by wrongful acts and restore
the rights and interests of affected states or individuals.
- International Dispute Settlement: International courts and tribunals play a crucial role in adjudicating
disputes arising from international delinquencies and determining the legal rights and obligations of states
under international law. States may resort to diplomatic negotiations, arbitration, or adjudication before
international courts to resolve disputes and seek legal remedies for international delinquencies.
4. Examples and Case Studies:

Numerous examples of international delinquencies can be found throughout history and contemporary
international relations, including:
- Armed Conflicts and Aggression: The invasion of Kuwait by Iraq in 1990, without lawful justification or
authorization from the UN Security Council, constituted an act of aggression and a flagrant violation of
international law, resulting in widespread condemnation and military intervention by the international
community to restore Kuwait's sovereignty and territorial integrity.
- Human Rights Violations: The commission of genocide, crimes against humanity, and other grave human
rights violations by state actors, such as the atrocities committed during the Rwandan genocide in 1994
and the ethnic cleansing campaigns in Bosnia and Herzegovina in the 1990s, constituted international
delinquencies under international law, leading to international condemnation, prosecution of perpetrators,
and calls for accountability and justice.
- Terrorism and Transnational Crime: Acts of terrorism, piracy, drug trafficking, and other transnational
crimes perpetrated by states or non-state actors constitute international delinquencies that threaten
international peace and security, necessitating coordinated efforts by the international community to
combat these threats and uphold the rule of law.
5. Challenges and Responses:

Addressing international delinquencies poses significant challenges for the international community,
including:
- Enforcement and Compliance: Ensuring compliance with international law and holding states
accountable for their wrongful conduct requires effective enforcement mechanisms, cooperation among
states, and political will to uphold the rule of law and promote accountability and justice.
- State Sovereignty and Non-Intervention: Respect for state sovereignty and the principle of non-
intervention in the internal affairs of states must be balanced with the need to address international
delinquencies and protect the rights and interests of individuals and communities affected by wrongful
acts.
- Diplomacy and Conflict Prevention: Diplomatic negotiations, mediation, and conflict prevention efforts
are essential for resolving disputes peacefully, preventing the escalation of conflicts, and addressing the
underlying causes of international delinquencies through dialogue, negotiation, and cooperation among
states.
6. Conclusion: In conclusion, international delinquencies represent violations of states' obligations under

international law, encompassing breaches of treaties, violations of customary international law, and threats
to international peace and security. Addressing international delinquencies requires a collective
commitment to upholding the rule of law, promoting accountability, and resolving disputes peacefully
through diplomatic means, legal remedies, and international cooperation. By holding states accountable for
their wrongful conduct and promoting respect for international law, the international community can
contribute to the maintenance of international order, the protection of human rights, and the advancement
of global peace and security.
39.NATIONALITITY
In the realm of public international law, nationality pertains to the legal relationship between an individual
and a state. It confers upon individuals certain rights and obligations, including protection by the state and
the enjoyment of civil, political, and social rights. Nationality is a fundamental concept in international law,
as it determines the legal status of individuals in the international community and establishes the basis for
state jurisdiction, diplomatic protection, and the exercise of rights and duties under international law.
Understanding the principles, sources, and implications of nationality in public international law is essential
for addressing issues related to statelessness, dual nationality, diplomatic protection, and the rights of
individuals in the international arena.

Nationality is primarily governed by domestic law, which varies from state to state, but it also has
implications under international law. While international law does not provide a uniform definition of
nationality, it recognizes the principle of state sovereignty in determining the criteria and procedures for
acquiring and losing nationality. The concept of nationality is closely linked to the notion of citizenship,
which denotes membership in a political community and allegiance to a state.
- Universal Declaration of Human Rights (UDHR): Article 15 of the UDHR recognizes the right to
nationality, stating that "everyone has the right to a nationality" and "no one shall be arbitrarily deprived of
his nationality nor denied the right to change his nationality."
2. Sources of Nationality in International Law:

The sources of nationality in international law include:
- Constitutional Provisions: Many states have constitutional provisions that define the criteria for
acquiring and losing nationality, as well as the rights and obligations of citizens.
- Nationality Laws: Nationality laws, enacted by states, regulate the acquisition, loss, and restoration of
nationality, as well as the rights and duties of nationals.
- International Conventions: International conventions and treaties may address nationality-related
issues, such as statelessness, dual nationality, and the protection of the rights of individuals belonging to
minority groups.
3. Acquisition and Loss of Nationality:

Nationality may be acquired through various means, including:
- Birth: Many states confer nationality on individuals born within their territory (jus soli) or to nationals of
the state (jus sanguinis).
- Descent: Nationality may be acquired through descent from a national of a particular state, regardless of
the individual's place of birth.
- Naturalization: States may grant nationality to individuals who meet certain residency, language, or
other requirements through a process known as naturalization.
- Treaty or Conventions: International conventions, such as the Convention on the Reduction of
Statelessness, may establish procedures for the acquisition of nationality by stateless persons.
Nationality may be lost through renunciation, deprivation, or other means prescribed by domestic law.
States have the sovereign authority to determine the conditions and procedures for the acquisition and loss
of nationality, subject to their international obligations.
4. Dual Nationality and Statelessness: Dual nationality refers to the situation in which an individual holds
nationality (citizenship) in more than one state. Dual nationality may arise through birth, descent, or
naturalization in multiple states that recognize the principle of jus soli or jus sanguinis.
- Case Law: The case of Nottebohm (Liechtenstein v. Guatemala) before the International Court of Justice
(ICJ) addressed the issue of nationality and diplomatic protection. The ICJ held that Liechtenstein's grant of
nationality to Mr. Nottebohm lacked a genuine connection, rendering his claim to Liechtenstein nationality
invalid for the purposes of diplomatic protection.
Statelessness occurs when an individual is not considered a national by any state under its laws.
Statelessness may result from various factors, including gaps or inconsistencies in nationality laws,
conflicts of nationality laws between states, or arbitrary deprivation of nationality.
5. Rights and Obligations of Nationals: Nationals enjoy certain rights and privileges under both domestic
and international law, including:
- Protection by the State: States have a duty to protect the rights and interests of their nationals, both
within their territory and abroad, through diplomatic and consular assistance.
- Civil and Political Rights: Nationals have the right to participate in the political life of their state,
including voting, standing for election, and enjoying freedom of expression, association, and assembly.
- Social and Economic Rights: Nationals are entitled to social welfare benefits, access to education,
healthcare, employment, and other social and economic rights provided by the state.
6. Conclusion:Nationality is a foundational concept in public international law, defining the legal
relationship between individuals and states. While nationality is primarily governed by domestic law, it also
has implications under international law, particularly concerning the protection of individuals' rights and
the exercise of state jurisdiction. Understanding the principles, sources, and implications of nationality is
crucial for addressing issues such as statelessness, dual nationality, diplomatic protection, and the rights
of individuals in the international arena. By upholding the right to nationality and promoting respect for the
rights and dignity of individuals, states can contribute to the realization of the principles of equality, non-
discrimination, and human rights in the international community.
40.WORLD TRADE ORGANIZATION (WTO)

The World Trade Organization (WTO) is an intergovernmental organization that regulates international
trade and commerce among its member states. Established in 1995, the WTO serves as a forum for
negotiating trade agreements, resolving trade disputes, and monitoring compliance with international
trade rules. Its legal framework, consisting of multilateral agreements and dispute settlement
mechanisms, is grounded in public international law principles and norms governing trade relations
between states. Understanding the WTO within the framework of public international law is essential for
comprehending its role in shaping global trade policies, promoting economic development, and resolving
trade disputes in a rules-based system.

The WTO's legal framework is anchored in international treaties, agreements, and conventions that
govern international trade relations among its member states:
- WTO Agreement: The WTO Agreement, which serves as the organization's foundational document,
comprises a series of multilateral agreements negotiated and ratified by WTO members. These agreements
cover various aspects of international trade, including trade in goods, services, intellectual property rights,
and trade-related aspects of investment and competition policy.
- General Agreement on Tariffs and Trade (GATT): The GATT, established in 1947 and later incorporated
into the WTO Agreement, is a multilateral treaty that regulates trade in goods among WTO members. The
GATT sets forth principles and rules governing tariffs, non-tariff barriers, customs procedures, and other
trade-related measures aimed at promoting open and nondiscriminatory trade relations.
- General Agreement on Trade in Services (GATS): The GATS, included in the WTO Agreement, addresses
trade in services and establishes rules and disciplines governing the liberalization, regulation, and market
access for services sectors such as telecommunications, finance, transportation, and professional services.
- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS): The TRIPS Agreement,
also part of the WTO Agreement, establishes minimum standards for the protection of intellectual property
rights, including patents, trademarks, copyrights, and trade secrets, to promote innovation, technological
development, and access to knowledge.
2. Principles and Objectives:

The WTO operates based on several key principles and objectives derived from public international law
principles, including:
- Non-Discrimination: The principle of non-discrimination, enshrined in the Most-Favored-Nation (MFN)
and National Treatment principles of the GATT and GATS, prohibits discrimination between trading
partners and ensures that WTO members treat each other's goods, services, and nationals equally, without
discrimination or preference.
- Reciprocity: The principle of reciprocity underpins WTO negotiations and trade agreements, whereby
concessions and commitments made by one member in trade negotiations are reciprocated by other
members, fostering mutual benefits and balanced trade relations.
- Transparency: The WTO promotes transparency and openness in its trade policies and practices,
requiring members to notify and publish trade-related measures, regulations, and policies to facilitate
understanding, compliance, and participation by stakeholders.
- Dispute Settlement: The WTO's dispute settlement system, governed by the Dispute Settlement
Understanding (DSU), provides a mechanism for resolving trade disputes between members in a timely,
impartial, and enforceable manner, based on the rule of law and legal principles of international law.
3. Functions and Activities:

The WTO fulfills its mandate through various functions and activities aimed at promoting liberalized
trade, facilitating economic development, and ensuring the smooth functioning of the global trading
system:
- Trade Negotiations: The WTO conducts trade negotiations among its members to liberalize trade
barriers, negotiate market access commitments, and update and expand the multilateral trading system.
Trade negotiations may address tariffs, services, intellectual property, agriculture, and other trade-related
issues.
- Trade Monitoring and Surveillance: The WTO monitors and reviews members' trade policies and
practices through regular trade policy reviews and surveillance mechanisms, assessing compliance with
WTO rules and identifying areas where trade barriers and distortions persist.
- Dispute Settlement: The WTO's dispute settlement system provides a forum for resolving trade disputes
between members, ensuring that disputes are adjudicated impartially and based on legal principles and
rules of international law. The WTO's dispute settlement mechanism is characterized by transparency,
binding rulings, and enforcement mechanisms to ensure compliance with WTO decisions.
- Technical Assistance and Capacity Building: The WTO provides technical assistance and capacity-
building support to developing and least-developed countries to enhance their trade-related infrastructure,
legal and regulatory frameworks, and institutional capacity, enabling them to participate effectively in the
global trading system and benefit from trade liberalization.

The jurisprudence of the WTO's dispute settlement system includes numerous landmark cases and rulings
that have shaped the interpretation and application of WTO agreements and principles:
- United States – Section 301: In this dispute, the WTO ruled against the United States' use of unilateral
trade measures under Section 301 of its Trade Act of 1974, finding that the measures violated WTO rules
and principles by imposing unilateral tariffs and sanctions without due process and consultation with
affected trading partners.
- European Communities – Bananas: The WTO addressed a dispute between the European Union and
several Latin American countries over the EU's banana import regime, ruling that certain aspects of the
EU's import licensing system were inconsistent with WTO rules on non-discrimination and MFN treatment,
leading to changes in EU trade policies.

The WTO faces various challenges and opportunities in fulfilling its mandate and advancing its objectives
in the context of public international law:
- Multilateral Negotiations: Negotiating new trade agreements and updating existing WTO agreements
pose challenges due to divergent interests, priorities, and positions among members, requiring effective
leadership, consensus-building, and compromise to achieve meaningful outcomes.
- Trade Disputes: Resolving trade disputes in a timely and effective manner remains essential for
maintaining the credibility and effectiveness of the WTO's dispute settlement system, necessitating
reforms to address procedural delays, ensure compliance with rulings, and enhance transparency and
accountability.
- Global Economic Governance: The WTO plays a central role in global economic governance, coordinating
trade policies and rules among its members and promoting stability, predictability, and transparency in
international trade relations, contributing to economic growth, development, and prosperity.
6. Conclusion: The World Trade Organization serves as a cornerstone of the international trading system,
operating within the framework of public international law to promote open, transparent, and rules-based
trade relations among its member states. By upholding principles of non-discrimination, reciprocity,
transparency, and dispute settlement, the WTO contributes to the stability, predictability, and fairness of
the global trading system, fostering economic development, prosperity, and cooperation among nations.
Despite challenges and criticisms, the WTO remains an indispensable institution for addressing global
trade challenges and advancing the objectives of sustainable development, poverty reduction, and shared
prosperity on a global scale.
41.Difference between extradition and asylum
In the realm of public international law, extradition and asylum are two distinct legal concepts that deal
with the transfer or protection of individuals across international borders. While both extradition and
asylum involve the movement of individuals from one country to another, they serve different purposes and
are governed by separate legal frameworks. Understanding the differences between extradition and
asylum is crucial for grasping the complexities of international law and the rights and obligations of states
regarding the transfer and protection of individuals.
1. Extradition:
Extradition is the legal process by which one state surrenders a suspected or convicted criminal to
another state for prosecution or punishment. Extradition treaties and agreements establish the legal basis
and procedures for the transfer of individuals accused or convicted of crimes between countries. Key
characteristics of extradition include:
- Legal Basis: Extradition is governed by bilateral or multilateral extradition treaties, as well as customary
international law principles and national legislation. These legal instruments outline the conditions,
procedures, and requirements for extradition, including the offenses covered, grounds for refusal, and
safeguards for human rights.
- Purpose: The primary purpose of extradition is to facilitate the administration of justice and combat
transnational crime by ensuring that individuals who commit offenses in one state can be prosecuted or
punished in another state where they are located. Extradition promotes cooperation among states in the
fight against terrorism, organized crime, drug trafficking, and other serious offenses.
- Procedure: Extradition proceedings typically involve a formal request by the requesting state to the
requested state, providing evidence of the alleged offense and seeking the arrest and surrender of the
individual sought. The requested state evaluates the request based on legal criteria and may extradite the
individual if satisfied that the conditions for extradition are met.
- Legal Safeguards: Extradition treaties and national laws often include provisions to ensure due process,
fair treatment, and protection of human rights for individuals subject to extradition proceedings. These
safeguards may include the right to legal representation, the prohibition of torture or cruel treatment, and
the right to challenge extradition through judicial review.
- Example: The Extradition Treaty between the United States and the United Kingdom outlines the legal
framework and procedures for the extradition of individuals between the two countries, covering offenses
such as murder, kidnapping, fraud, and drug trafficking.
2. Asylum:
Asylum is a legal status granted by a state to individuals who flee persecution or serious human rights
violations in their home country and seek protection in another country. Asylum allows individuals to remain
in the host country and prohibits their return to the country where they face persecution. Key
characteristics of asylum include:
- Legal Basis: Asylum is governed by international refugee law, including the 1951 Refugee Convention
and its 1967 Protocol, as well as customary international law principles related to the protection of
refugees and asylum seekers. These legal instruments define the criteria for refugee status, the rights and
obligations of states, and the principle of non-refoulement.
- Purpose: The primary purpose of asylum is to provide protection and refuge to individuals who are at risk
of persecution or serious harm in their home country due to factors such as race, religion, nationality,
political opinion, or membership in a particular social group. Asylum seeks to uphold the principle of non-
refoulement, which prohibits the return of refugees to situations where their life or freedom is at risk.
- Procedure: Asylum seekers typically apply for asylum upon arrival in the host country or through
designated asylum procedures, submitting evidence of their need for protection and undergoing screening
and adjudication by national authorities or refugee status determination (RSD) procedures. States assess
asylum claims based on the criteria for refugee status and may grant asylum to individuals who meet the
legal requirements.
- Legal Safeguards: Asylum seekers and refugees are entitled to certain rights and protections under
international law, including the right to non-refoulement, the right to seek asylum, the right to fair and
efficient asylum procedures, and access to essential services such as housing, healthcare, and education.
- Example: The United Nations Convention Relating to the Status of Refugees defines the legal
framework for the protection of refugees and asylum seekers, establishing the criteria for refugee status
and the rights and obligations of states regarding the treatment and protection of refugees.
3. Key Differences:
While extradition and asylum both involve the movement of individuals across borders, they differ in
several key aspects:
- Purpose: Extradition aims to facilitate the prosecution or punishment of individuals for alleged criminal
offenses, while asylum seeks to provide protection and refuge to individuals fleeing persecution or serious
harm in their home country.
- Legal Basis: Extradition is governed by extradition treaties and national legislation, whereas asylum is
based on international refugee law principles and conventions.
- Procedure: Extradition involves formal requests and legal proceedings between states, whereas asylum
involves asylum applications and refugee status determination procedures.
- Criteria: Extradition is based on the commission of a criminal offense and the existence of extradition
treaties or legal arrangements, whereas asylum is based on a well-founded fear of persecution or serious
harm and the fulfillment of criteria for refugee status.
- Rights and Protections: Extradition proceedings may involve legal safeguards and procedural protections
for the individual sought, while asylum seekers and refugees are entitled to certain rights and protections
under international refugee law, including the principle of non-refoulement.

Various international and domestic cases have addressed extradition and asylum issues, highlighting the
legal principles and considerations involved in these processes:
- Extradition Cases: Cases such as Soering v. United Kingdom (1989) before the European Court of Human
Rights and Assange v. Swedish Prosecution Authority (2021) before the UK Supreme Court have addressed
extradition requests and legal standards for extradition, including human rights considerations and the
prohibition of torture or inhuman treatment.
- Asylum Cases: Cases such as M.S.S. v. Belgium and Greece (2011) before the European Court of Human
Rights and Hirsi Jamaa and Others v. Italy (2012) before the European Court of Human Rights have
examined asylum claims and the principle of non-refoulement, emphasizing the obligations of states to
provide protection to asylum seekers and refugees.
5. Challenges and Considerations:

Extradition and asylum pose various challenges and considerations for states, including:
- Legal and Human Rights Concerns: States must balance legal and human rights considerations in
extradition and asylum proceedings, ensuring compliance with international law principles, procedural
fairness, and respect for the rights of individuals subject to extradition or seeking asylum.
- Political and Diplomatic Factors: Extradition and asylum decisions may involve political and diplomatic
considerations, including bilateral relations, national security concerns, and diplomatic assurances
regarding the treatment and rights of individuals extradited or granted asylum.
- Access to Justice: Individuals subject to extradition proceedings or seeking asylum may face challenges
in accessing legal representation, due process, and effective remedies, highlighting the importance of legal
assistance and procedural safeguards in extradition and asylum cases.
6. Conclusion: Extradition and asylum are distinct legal concepts that govern the transfer and protection of
individuals across international borders. While extradition involves the surrender of suspected or convicted
criminals for prosecution or punishment, asylum provides protection and refuge to individuals fleeing
persecution or serious harm in their home country. Understanding the differences between extradition and
asylum is essential for navigating the complexities of international law, protecting the rights and interests
of individuals, and promoting justice, fairness, and respect for human rights in the international community.
42.FIVE FREEDOWNS OF AIR
In the realm of public international law, the "Five Freedoms of the Air" refer to a set of aviation rights that
govern the operation of international air services between states. These freedoms, initially established
through bilateral and multilateral agreements, play a crucial role in facilitating international air travel,
promoting economic development, and fostering cooperation among states in the aviation sector.
Understanding the Five Freedoms of the Air is essential for comprehending the legal framework governing
international civil aviation and the rights and obligations of states and airlines in providing air services
across borders.
1. Background and Legal Framework:

The Five Freedoms of the Air emerged in the early twentieth century as states began negotiating bilateral
air services agreements to regulate international air transport. These agreements sought to address issues
such as route rights, capacity limitations, and regulatory oversight, paving the way for the development of
international aviation law. The legal framework for the Five Freedoms of the Air includes:
- Chicago Convention: The Convention on International Civil Aviation, also known as the Chicago
Convention, serves as the foundational treaty governing international civil aviation. Adopted in 1944 by the
International Civil Aviation Organization (ICAO), the Chicago Convention establishes the principles and
rules for the regulation of air navigation, air transport, and aviation safety, including provisions related to
the Five Freedoms of the Air.
- Bilateral Air Services Agreements: States negotiate bilateral air services agreements to establish the
legal framework for the provision of air services between their respective territories. These agreements
typically address issues such as route rights, traffic rights, capacity limitations, aviation safety, and
regulatory oversight, incorporating the Five Freedoms of the Air as key elements of the agreement.
- Multilateral Treaties and Conventions: In addition to bilateral agreements, states may participate in
multilateral treaties and conventions related to civil aviation, such as the International Air Services Transit
Agreement (IASTA) and the International Air Transport Agreement (IATA), which address the liberalization
and regulation of international air transport and may include provisions related to the Five Freedoms of the
Air.
2. The Five Freedoms of the Air:

The Five Freedoms of the Air encompass a set of rights or privileges granted to airlines by states through
bilateral or multilateral agreements, allowing for the operation of international air services between
territories. These freedoms are commonly categorized as follows:
- First Freedom: The freedom to overfly a foreign state's territory without landing.
- Second Freedom: The freedom to make a technical stop in a foreign state's territory for refueling,
maintenance, or other non-traffic purposes.
- Third Freedom: The freedom to land in a foreign state's territory for the purpose of taking on or
discharging passengers, cargo, or mail destined for or originating from the home state of the airline.
- Fourth Freedom: The freedom to land in a foreign state's territory and pick up passengers, cargo, or mail
destined for the airline's home state and to continue to a third state.
- Fifth Freedom: The freedom to land in a foreign state's territory, pick up passengers, cargo, or mail from
the airline's home state, and carry them to a third state, with or without a stop in the airline's home state.
3. Examples and Applications:

The Five Freedoms of the Air have significant implications for the operation of international air services
and the economic viability of airlines. Examples of their applications include:
- Commercial Aviation: Airlines utilize the Five Freedoms of the Air to establish international routes,
expand their networks, and maximize operational efficiency. For example, airlines may exercise Fifth
Freedom rights to operate profitable long-haul routes with intermediate stops in foreign territories.
- Bilateral Agreements: Bilateral air services agreements negotiated between states often include
provisions related to the Five Freedoms of the Air, specifying the rights and limitations of airlines from each
country regarding route rights, traffic rights, and operational freedoms.
3. Examples and Applications:

The Five Freedoms of the Air have significant implications for the operation of international air services
and the economic viability of airlines. Examples of their applications include:
- Commercial Aviation: Airlines utilize the Five Freedoms of the Air to establish international routes,
expand their networks, and maximize operational efficiency. For example, airlines may exercise Fifth
Freedom rights to operate profitable long-haul routes with intermediate stops in foreign territories.
- Bilateral Agreements: Bilateral air services agreements negotiated between states often include
provisions related to the Five Freedoms of the Air, specifying the rights and limitations of airlines from each
country regarding route rights, traffic rights, and operational freedoms.
- Airline Alliances: Airlines form strategic alliances and partnerships to enhance their competitive position
in the global aviation market, leveraging the Five Freedoms of the Air to coordinate schedules, share
resources, and provide seamless connectivity to passengers across multiple destinations.
4. Legal Considerations and Challenges:

Despite their importance in facilitating international air travel, the Five Freedoms of the Air also pose
legal considerations and challenges for states and airlines:
- Sovereignty and Control: States retain sovereignty and control over their airspace and may impose
restrictions or limitations on the e fdsa;l,mn xercise of the Five Freedoms of the Air for reasons of national
security, public safety, or regulatory compliance.
- Competitive Pressures: The liberalization of air transport and the proliferation of low-cost carriers have
intensified competition in the aviation industry, leading to disputes over route rights, market access, and
fair competition among airlines.
- Regulatory Harmonization: Harmonizing regulatory standards and practices among states is essential
for promoting consistency, efficiency, and safety in international air transport and ensuring the effective
implementation of the Five Freedoms of the Air.
5. Conclusion:
In conclusion, the Five Freedoms of the Air represent a fundamental aspect of international civil aviation,
providing the legal framework for the operation of international air services between states. Rooted in
bilateral agreements and multilateral conventions, these freedoms enable airlines to access foreign
markets, expand their networks, and provide connectivity to passengers and cargo across borders.
Understanding the Five Freedoms of the Air is essential for navigating the complexities of international
aviation law, promoting economic development, and fostering cooperation and connectivity in the global
aviation sector.
43.Discuss the sources of international law as mentioned under Art 38(1) of the statute of international
court of justice.
Article 38(1) of the Statute of the International Court of Justice (ICJ) enumerates the primary sources of
international law, providing a framework for the development, interpretation, and application of legal
norms governing relations between states and other subjects of international law. Understanding these
sources is essential for comprehending the basis of international legal obligations and the authority of
international institutions such as the ICJ. Article 38(1) lists the following sources of international law:
1. International Conventions: International conventions, also known as treaties or agreements, constitute

one of the most important sources of international law. Treaties are formal agreements concluded between
states or international organizations, binding parties to their terms and creating legal obligations. Treaties
may cover a wide range of subjects, including human rights, trade, environmental protection, arms control,
and the settlement of disputes. Examples of significant international conventions include the United
Nations Charter, the Geneva Conventions, the Vienna Convention on Diplomatic Relations, and the Paris
Agreement on Climate Change.
- Example: The Vienna Convention on the Law of Treaties (1969) is a multilateral treaty that codifies the
principles and rules governing the formation, interpretation, and termination of treaties. It provides a
comprehensive framework for treaty practice and has become a cornerstone of treaty law in international
relations.
2. International Custom: Customary international law consists of unwritten legal norms and practices that
emerge from the consistent and general practice of states, accepted as law out of a sense of legal
obligation (opinio juris). Customary norms bind all states, regardless of whether they have explicitly
consented to them through treaties. Customary international law covers a wide range of subjects, including
state sovereignty, diplomatic immunities, the prohibition of aggression, and the protection of human rights.
- Example: The principle of state sovereignty, which asserts the exclusive authority of states over their
territory and internal affairs, is a well-established norm of customary international law. While not codified
in a single treaty, state practice and opinio juris have solidified state sovereignty as a fundamental principle
of international relations.
3. General Principles of Law: Article 38(1)(c) refers to general principles of law recognized by civilized
nations as a supplementary source of international law. These principles derive from national legal
systems, judicial decisions, and legal scholarship, reflecting fundamental notions of justice, fairness, and
due process. General principles may serve as a gap-filling mechanism in the absence of treaty provisions or
customary rules, providing a basis for resolving legal disputes and interpreting international law.
- Example: The principle of pacta sunt servanda, which obliges parties to honor their treaty commitments
in good faith, is considered a general principle of law in international relations. While recognized in treaties
and customary law, the principle also reflects broader legal principles of contract law and good faith in
domestic legal systems.
4. Judicial Decisions and Scholarly Writings: Article 38(1)(d) includes judicial decisions and scholarly
writings as subsidiary means for the determination of international law. Judicial decisions issued by
international courts and tribunals, as well as national courts, provide authoritative interpretations and
applications of international legal norms, contributing to the development and clarification of international
law. Scholarly writings, including academic treatises, articles, and commentaries, offer valuable insights
and analyses on legal issues and trends in international law, shaping legal discourse and practice.
- Example: The jurisprudence of the International Court of Justice, as well as other international and
domestic courts, plays a significant role in interpreting and applying international legal principles.
Landmark cases, such as the Nicaragua v. United States case before the ICJ, have contributed to the
development of international law on topics such as state responsibility, armed conflict, and the use of
force.
5. Equity: Equity, or principles of fairness and justice, serves as a supplementary source of international law
under Article 38(1)(e). Equity allows international courts and tribunals to consider equitable considerations
and principles of fairness in resolving disputes and rendering decisions, particularly in cases where strict
application of legal rules may lead to unjust outcomes.
- Example: In the case of Chorzów Factory (Germany v. Poland) before the Permanent Court of International
Justice, the court applied principles of equity to determine the appropriate compensation for damages
caused by Poland's expropriation of a German-owned industrial facility. The court considered equitable
factors such as the value of the property, the loss suffered by the owner, and the circumstances
surrounding the expropriation in determining the amount of compensation owed.
In conclusion, Article 38(1) of the Statute of the International Court of Justice delineates the primary
sources of international law, including treaties, customary law, general principles, judicial decisions,
scholarly writings, and equity. These sources collectively form the foundation of international legal norms
and principles, guiding the conduct of states and other actors in the international community and
facilitating the peaceful resolution of disputes through a rules-based system of international law.
44.HOLLAND SAID “ INTERNATIONAL LAW IS VANISHING POINT OF JURISPRUDENCE”.

CRITICALLY ANALYSE THIS STATEMENT
The statement attributed to Holland, "International law is the vanishing point of jurisprudence,"
encapsulates a profound observation about the nature and role of international law within the broader
framework of jurisprudence. In critically analyzing this statement, it is essential to explore its implications,
assess its validity in light of contemporary legal scholarship and practice, and examine how international
law intersects with jurisprudential theories and principles.
1. Interpretation of the Statement:
To understand the meaning of Holland's statement, it is necessary to unpack the metaphor of the
"vanishing point" within the context of jurisprudence. The vanishing point in art refers to a perspective point
where parallel lines converge and seem to disappear into the distance, creating an illusion of depth and
spatial representation. Applied to jurisprudence, the statement suggests that international law serves as a
focal point where diverse legal systems, principles, and perspectives converge, giving rise to a broader
understanding of law beyond national boundaries.
2. International Law as a Focal Point of Legal Convergence:
Holland's statement implies that international law occupies a central position within the field of
jurisprudence, serving as a nexus where various legal traditions, cultures, and norms intersect and interact.
International law encompasses a diverse array of legal principles, rules, and institutions that govern
relations between states, international organizations, and individuals on the global stage. As such, it
reflects a synthesis of national legal systems, customary practices, treaty obligations, and evolving norms
of behavior.
3. Integration of National and International Legal Orders:

One interpretation of the statement is that international law represents the convergence of national legal
orders into a unified framework of global governance. Through treaties, conventions, and customary
practices, states voluntarily bind themselves to common rules and standards that transcend national
sovereignty and contribute to the development of a shared legal consciousness. International law thus
serves as a bridge between the national and international spheres, mediating between the interests of
sovereign states and the broader objectives of the international community.
4. Role of International Law in Advancing Jurisprudential Discourse:

Holland's statement suggests that international law enriches and expands the scope of jurisprudence by
introducing new concepts, principles, and methodologies drawn from diverse legal traditions. International
legal scholarship and practice provide fertile ground for exploring fundamental questions of legal
philosophy, ethics, and justice in a global context. By confronting issues such as statehood, sovereignty,
human rights, and the rule of law on a transnational scale, international law prompts critical reflection on
the nature and purpose of law itself.
5. Critique and Limitations of the Statement:

While Holland's statement offers valuable insights into the relationship between international law and
jurisprudence, it also invites critical scrutiny and debate. Some scholars may argue that international law
remains inherently fragmented and contested, reflecting the diversity of state interests, power dynamics,
and cultural differences in the international system. Moreover, the effectiveness and enforcement of
international legal norms often depend on the willingness of states to comply with their obligations, raising
questions about the hierarchical nature of international law and its impact on state sovereignty.
6. Contemporary Relevance and Challenges:

In the contemporary global context, the significance of international law as a vanishing point of
jurisprudence is evident in debates surrounding globalization, human rights, environmental protection, and
global justice. As the world becomes increasingly interconnected and interdependent, international law
plays an ever-expanding role in addressing transnational challenges and shaping the evolution of global
governance. However, the effectiveness of international law in addressing pressing issues such as armed
conflict, climate change, and economic inequality remains subject to ongoing scrutiny and debate.
7. Conclusion:
In conclusion, Holland's statement offers a thought-provoking perspective on the relationship between
international law and jurisprudence, suggesting that international law serves as a focal point where diverse
legal traditions converge and intersect. While the statement invites critical analysis and debate, it
highlights the profound influence of international law on the development of legal thought and practice in a
globalized world. By exploring the implications of Holland's statement, scholars can gain deeper insights
into the complex dynamics of law, governance, and justice in the international arena.
45.Discuss the salient features of Moon Treaty, 1979
The Moon Treaty, officially known as the Agreement Governing the Activities of States on the Moon and
Other Celestial Bodies, was adopted by the United Nations General Assembly in 1979. It represents an
important milestone in international efforts to regulate space exploration and utilization, particularly
concerning the Moon and other celestial bodies. The treaty aims to ensure that the exploration and use of
outer space contribute to the common good of humanity while preserving the integrity and sustainable
development of celestial bodies. Below are the salient features of the Moon Treaty:
1. Purpose and Scope:

The Moon Treaty is designed to establish a comprehensive legal framework for the exploration,
exploitation, and utilization of the Moon and other celestial bodies, including orbits, without causing harm
to their natural environments or altering their status as common heritage of mankind. It seeks to promote
international cooperation and equitable access to space resources for the benefit of present and future
generations.
2. Common Heritage of Mankind:

One of the central principles of the Moon Treaty is the concept of the Moon and other celestial bodies as
the common heritage of mankind. Article 11 of the treaty declares that the Moon and its resources are the
province of all humankind, and their exploration and use shall be carried out for the benefit of all countries,
irrespective of their economic or scientific capabilities. This principle reflects the recognition that outer
space resources are finite and should be managed collectively for the common good.
3. Prohibition of National Appropriation:

The Moon Treaty explicitly prohibits the appropriation of celestial bodies by any means, whether through
sovereignty, occupation, or any other means of acquisition. Article 2 of the treaty states that the Moon and
other celestial bodies shall be used exclusively for peaceful purposes, and their natural resources shall not
become the property of any state or individual. This provision seeks to prevent unilateral claims of
sovereignty or exploitation of space resources by individual states.
4. International Management and Regulation:

The Moon Treaty establishes mechanisms for international cooperation and regulation of space activities
to ensure their peaceful and equitable use. It calls for the establishment of an international regime to
govern the exploitation and management of space resources, including the establishment of rules and
procedures for resource allocation, environmental protection, and dispute resolution. The treaty
emphasizes the importance of cooperation between states and international organizations in promoting the
responsible use of outer space.
5. Environmental Protection:
Recognizing the fragility and scientific value of celestial bodies, the Moon Treaty includes provisions
aimed at protecting their natural environments and ecosystems. Article 7 of the treaty requires states to
take measures to prevent the disruption of the ecological balance of the Moon and other celestial bodies
and to avoid harmful contamination or adverse changes to their environments. This provision reflects the
principle of environmental stewardship in space exploration and utilization.
6. Non-Discrimination and Equitable Access:

The Moon Treaty emphasizes the principles of non-discrimination and equitable access to space
resources for all countries, irrespective of their economic or technological capabilities. Article 6 of the
treaty calls for the promotion of international cooperation in space exploration and the facilitation of
access to space facilities and technologies for all states on a fair and non-discriminatory basis. This
provision seeks to ensure that the benefits of space exploration are shared equitably among all countries.
7. Peaceful Purposes:
Consistent with the principles of international law, the Moon Treaty reaffirms the commitment of states
to the peaceful exploration and use of outer space. Article 3 of the treaty obliges states to conduct their
activities on the Moon and other celestial bodies exclusively for peaceful purposes, refraining from any
actions that could jeopardize the security or stability of outer space or threaten the peaceful coexistence of
states.
8. Recognition of State Responsibility:

The Moon Treaty underscores the principle of state responsibility in space activities, requiring states to
bear international responsibility for their space activities and to ensure compliance with the provisions of
the treaty. Article 8 of the treaty holds states accountable for the activities of their governmental and non-
governmental entities in outer space and requires them to take appropriate measures to prevent harmful
interference with the activities of other states.
9. Entry into Force and Ratification:

The Moon Treaty opened for signature in 1979 and entered into force in 1984 after it was ratified by a
sufficient number of states. As of [current date], [number] states are parties to the treaty. However, several
major spacefaring nations, including the United States, Russia, and China, have not ratified the Moon
Treaty, citing concerns about its compatibility with their national interests and existing space policies.
10. Challenges and Future Prospects:

Despite its aspirational goals and principles, the Moon Treaty faces significant challenges in its
implementation and enforcement. The absence of universal ratification, particularly by major space powers,
limits the treaty's effectiveness in shaping global space governance. Moreover, the rapid advancement of
space technology and the emergence of commercial space activities pose new challenges for the
regulation and management of outer space resources.
Nonetheless, the Moon Treaty remains relevant as a guiding framework for international cooperation in
space exploration and utilization. As humanity ventures further into the cosmos and seeks to harness the
resources of celestial bodies, the principles enshrined in the Moon Treaty will continue to inform
discussions on the ethical, legal, and policy dimensions of space activities. Efforts to promote dialogue,
build consensus, and strengthen international cooperation in space governance will be essential in realizing
the vision of the Moon Treaty and ensuring the responsible and sustainable use of outer space for the
benefit of all humankind.
LL.B. IV SEMESTER
PAPER-II
Public PART
International
B- QUESTION
Law
1. Examine the relationship Between international and Municipal Law
2. Discuss the diplomatic principles, rights and duties under Vienna Convention on Diplomatic relations.
3. Discuss the role of Secretary General of UNO in maintenance of peace and security
4. Define exclusive econimic zone and discuss the rights of costal states and in the exclusive economic
zone.
5. What is meant by asylum ? Discuss the kinds of Asylum under international law.
6. Discuss the salient features of the outer space treaty
7. Explain the composition and functions of security council.
8. What is state succession? Explain different kinds of state succession
9. Discuss the jurisdiction of Maritime state over coastal waters.
10. Explain the purposes and principles of United Nations. International Law is not a true law, but only
positive morality . Comment.
11. When the state is responsible for international delinquencies
12. Explain the privileges and immunities of diplomatic envoys?
13. Exlain the evolution and development of the Law of the sea.
14. What is league of nations ? what are reasons for its failure?
15. Explain about UNO
16. What is the agreement on rescue and return o astronauts?
17. Write about convention registration of space object?
1.EXAMINE THE RELATIONSHIP BETWEEN INTERNATIONAL AND MUNICIPAL LAW

The relationship between international law and municipal law, also known as domestic or national law, is a
complex and dynamic interaction that shapes the legal landscape of states and the international
community. International law governs relations between states and other international actors, while
municipal law regulates the internal affairs of states and governs the rights and obligations of individuals
within their territories. Understanding the relationship between these two legal systems is essential for
comprehending the functioning of the international legal order and its impact on domestic legal systems.
This examination will explore the nature of this relationship, the mechanisms through which it operates,
and its implications for states and individuals.
1. Nature of the Relationship:

The relationship between international and municipal law is characterized by both cooperation and tension,
reflecting the dual nature of the international legal system as a decentralized network of sovereign states
and a community bound by common norms and principles. At its core, international law sets forth rules and
standards governing the conduct of states in their interactions with one another, while municipal law
regulates the internal affairs of states and ensures the protection of individual rights and interests within
their territories.
2. Hierarchy and Primacy:

One of the fundamental questions in the relationship between international and municipal law is the issue
of hierarchy and primacy. Unlike domestic legal systems, international law lacks a centralized authority
capable of enforcing its norms and resolving disputes between states. Consequently, conflicts between
international and municipal law may arise when states' domestic legal obligations conflict with their
international legal obligations. In many legal systems, international treaties and agreements take
precedence over conflicting domestic laws, reflecting the principle of pacta sunt servanda (agreements
must be kept). However, the exact hierarchy of norms varies between states, depending on their legal
traditions and constitutional frameworks.
3. Incorporation and Reception:

States incorporate international law into their domestic legal systems through various mechanisms,
including constitutional provisions, legislation, judicial decisions, and administrative regulations. This
process, known as incorporation or reception, enables states to give effect to their international legal
obligations within their domestic legal orders. Some states have monist legal systems, where international
law is directly incorporated into domestic law and can be invoked before domestic courts without the need
for implementing legislation. In contrast, other states have dualist legal systems, where international law
must be transformed into domestic law through legislative action before it can be applied domestically.
4. Direct and Indirect Effect:

The extent to which international law directly affects municipal law varies depending on the legal
traditions and constitutional arrangements of individual states. In states with monist legal systems,
international law enjoys direct effect and can be invoked by individuals before domestic courts to enforce
their rights or challenge the validity of domestic laws inconsistent with international norms. In contrast, in
states with dualist legal systems, international law typically has indirect effect and requires legislative
action to incorporate its provisions into domestic law. Nevertheless, even in dualist systems, international
law may still influence the interpretation and development of domestic law through judicial decisions and
legislative reforms.
5. Examples and Case Law:

- Treaty Implementation: States often enact domestic legislation to implement their international treaty
obligations. For example, the United States implemented its obligations under the Convention on the Rights
of Persons with Disabilities (CRPD) through the Americans with Disabilities Act (ADA), which prohibits
discrimination on the basis of disability in various areas of public life.
- Judicial Interpretation: Domestic courts may interpret and apply international law in their decisions, either
as a direct source of law or as an interpretive aid. In the landmark case of Paquete Habana (1900), the U.S.
Supreme Court invoked customary international law to interpret the rights of fishing vessels under
international law, recognizing the principle that customary international law forms part of the law of the
United States.
- Constitutional Incorporation: Some states constitutionally incorporate international law into their legal
systems, granting it a status equal to or higher than domestic law. For example, the South African
Constitution recognizes international law as part of the law of the land and requires courts to consider
international law when interpreting fundamental rights and freedoms.
6. Challenges and Tensions:

Despite efforts to harmonize international and municipal law, challenges and tensions persist in their
relationship. States may struggle to balance their international legal obligations with domestic political
priorities and constitutional constraints, leading to conflicts between international and municipal law.
Additionally, differences in legal cultures, judicial approaches, and enforcement mechanisms may
complicate the application and enforcement of international law within domestic legal systems.
Furthermore, the lack of effective enforcement mechanisms in international law undermines its authority
and effectiveness, potentially eroding states' willingness to comply with their international legal
obligations.
7. Conclusion:
In conclusion, the relationship between international and municipal law is a multifaceted and evolving
dynamic that shapes the legal landscape of states and the international community. While international law
provides a framework for regulating interstate relations and promoting global cooperation, municipal law
ensures the functioning of domestic legal systems and protects the rights and interests of individuals
within their territories. Understanding the interaction between these two legal systems is essential for
promoting the rule of law, upholding human rights, and fostering peaceful relations between states in an
interconnected world. Despite challenges and tensions, efforts to strengthen the relationship between
international and municipal law remain crucial for advancing the collective interests and values of the
international community.
2.Discuss the diplomatic principles, rights and duties under Vienna Convention on Diplomatic relations.
The Vienna Convention on Diplomatic Relations (VCDR), adopted in 1961, serves as the cornerstone of
modern diplomatic law. It outlines the rights, privileges, and immunities of diplomatic agents, as well as the
duties and responsibilities they must adhere to in their official capacity. Understanding these principles is
essential for comprehending the functioning of diplomatic relations and their significance in public
international law. This discussion will explore the diplomatic principles, rights, and duties enshrined in the
VCDR, citing relevant articles, examples, sections, and case law.
1. Principle of Sovereign Equality:

The VCDR begins with the affirmation of the sovereign equality of all states. Article 2 states that the
functions of a diplomatic mission are to represent the sending state and to protect its interests within the
receiving state, while respecting the laws and regulations of the receiving state. This principle underlines
the fundamental equality of states in their diplomatic interactions, ensuring that no state can claim
superiority over another in diplomatic matters.
2. Diplomatic Immunity and Privileges:

One of the central tenets of the VCDR is the grant of diplomatic immunity and privileges to accredited
diplomats. Articles 29 to 36 outline the scope and extent of these immunities, which include immunity from
the criminal and civil jurisdiction of the receiving state, inviolability of diplomatic agents' persons and
residences, and exemption from taxes and customs duties. These immunities ensure that diplomatic agents
can carry out their duties effectively without fear of harassment or interference by the host state.
3. Rights of Diplomatic Agents:

The VCDR enumerates various rights accorded to diplomatic agents to facilitate their functions. Article 27
guarantees freedom of movement and communication for diplomatic agents, allowing them to travel freely
within the territory of the receiving state and to communicate with their government and diplomatic
mission. Additionally, diplomatic agents have the right to use codes and ciphers in their official
communications and to receive and send diplomatic pouches and correspondence without interference.
4. Duties of Diplomatic Agents:

Alongside their rights and privileges, diplomatic agents also bear certain duties and responsibilities under
the VCDR. Article 41 stipulates that diplomatic agents must respect the laws and regulations of the
receiving state and refrain from interfering in its internal affairs. They are also required to conduct
themselves in accordance with the laws and regulations of the sending state and to adhere to diplomatic
customs and protocols. Moreover, diplomatic agents have a duty to promote friendly relations between the
sending and receiving states and to abstain from any activity incompatible with their diplomatic status.
5. Inviolability of Diplomatic Premises:

The VCDR upholds the inviolability of diplomatic premises and property. Article 22 provides that the
premises of the diplomatic mission, as well as its archives, documents, and correspondence, are inviolable
and cannot be subject to any form of interference or intrusion by the host state. This principle safeguards
the confidentiality and security of diplomatic communications and activities and ensures that diplomatic
missions can operate freely within the territory of the receiving state.
6. Diplomatic Communication and Negotiation:

Effective communication and negotiation are essential components of diplomatic relations, and the VCDR
establishes principles governing these processes. Article 27 emphasizes the importance of diplomatic
communication by granting diplomatic agents the right to communicate freely with their government and
diplomatic mission. Additionally, Article 27 recognizes the privileged status of diplomatic correspondence
and communications, ensuring their confidentiality and protection from interception or surveillance.

Several cases and precedents illustrate the application and interpretation of diplomatic principles, rights,
and duties under the VCDR:
- In the case of Democratic Republic of the Congo v. Belgium (2002), the International Court of Justice (ICJ)
upheld the immunity of a Congolese diplomat accused of human rights violations in Belgium, highlighting
the principle of diplomatic immunity as a cornerstone of diplomatic law.
- In the case of United States v. Iran (1980), the ICJ ruled that the seizure and occupation of the United
States Embassy in Tehran by Iranian militants violated the inviolability of diplomatic premises under the
VCDR, emphasizing the importance of respecting diplomatic immunities and privileges.
- In the case of Al-Adsani v. United Kingdom (2001), the European Court of Human Rights (ECtHR) affirmed
the right of a Kuwaiti diplomat to freedom of movement under the European Convention on Human Rights,
illustrating the interplay between diplomatic privileges and human rights considerations.
8. Conclusion:
In conclusion, the Vienna Convention on Diplomatic Relations establishes a comprehensive framework for
diplomatic relations between states, enshrining principles, rights, and duties that govern the conduct of
diplomatic agents and missions. By upholding the principles of sovereign equality, diplomatic immunity, and
inviolability of diplomatic premises, the VCDR promotes the effective functioning of diplomatic relations
and contributes to the maintenance of peace and stability in the international community. Through its
application and interpretation by states and international courts, the VCDR continues to shape the practice
of diplomacy and the protection of diplomatic rights and privileges worldwide.
3.Discuss the role of Secretary General of UNO in maintenance of peace and security
The Secretary-General of the United Nations (UN) plays a crucial role in the organization's efforts to
maintain international peace and security. Established under the UN Charter, the Secretary-General serves
as the chief administrative officer of the UN and acts as a global diplomat and advocate for peace. This
discussion will examine the multifaceted role of the Secretary-General in peace and security maintenance,
exploring relevant treaties, articles, examples, sections, and case laws within the context of public
international law.
1. Legal Basis and Authority:

The authority and responsibilities of the Secretary-General are outlined primarily in the UN Charter,
specifically in Articles 97 to 101. Article 97 designates the Secretary-General as the "chief administrative
officer" of the UN, while Article 99 empowers the Secretary-General to bring to the attention of the
Security Council any matter that threatens international peace and security. Additionally, Article 100 tasks
the Secretary-General with overseeing the administrative functions of the UN, including its peacekeeping
operations and mediation efforts.
2. Mediation and Conflict Resolution:

One of the key roles of the Secretary-General is to facilitate mediation and conflict resolution in areas of
international tension or conflict. Acting as a neutral mediator, the Secretary-General may engage in shuttle
diplomacy, facilitate dialogue between conflicting parties, and offer diplomatic support to peace
processes. For example, the Secretary-General may appoint special envoys or representatives to engage
with stakeholders and facilitate negotiations, as seen in the case of the UN's mediation efforts in the
Israeli-Palestinian conflict.
3. Peacekeeping Operations:
The Secretary-General oversees the planning, deployment, and management of UN peacekeeping
operations aimed at resolving conflicts and maintaining peace in volatile regions. While the Security
Council authorizes peacekeeping missions, the Secretary-General plays a central role in their
implementation and coordination. This includes deploying peacekeeping troops, ensuring their safety and
security, and overseeing their conduct in accordance with international law and UN mandates. Examples of
UN peacekeeping missions include those in Cyprus, Mali, and South Sudan.
4. Early Warning and Prevention:

In line with the UN's commitment to preventive diplomacy, the Secretary-General monitors global
developments and identifies emerging threats to peace and security. Through diplomatic channels and
information gathering mechanisms, the Secretary-General works to detect early warning signs of conflict
and violence, allowing for timely intervention and preventive action. By raising awareness of potential risks
and advocating for peaceful resolution, the Secretary-General contributes to the prevention of armed
conflicts and crises before they escalate.
5. Advocacy and Diplomacy:

As the "world's diplomat," the Secretary-General serves as an advocate for peace, human rights, and
sustainable development on the global stage. Through public statements, speeches, and diplomatic
engagements, the Secretary-General raises awareness of pressing international issues and mobilizes
support for collective action. By engaging with governments, civil society organizations, and other
stakeholders, the Secretary-General promotes dialogue, cooperation, and mutual understanding, fostering
an environment conducive to peace and security.
6. Support for Peaceful Settlement of Disputes:

The Secretary-General provides support and assistance to states and parties involved in disputes,
encouraging them to seek peaceful and negotiated solutions. This may involve offering technical expertise,
facilitating dialogue, and providing diplomatic support to mediation efforts. Through the good offices of the
Secretary-General, conflicting parties are encouraged to engage in dialogue and compromise, with the aim
of reaching mutually acceptable agreements and preventing the escalation of conflicts into violence.

- Dag Hammarskjöld: As one of the most renowned Secretaries-General, Dag Hammarskjöld played a
pivotal role in mediating conflicts and advancing peace during his tenure from 1953 to 1961. His efforts to
negotiate the end of the Suez Crisis and establish UN peacekeeping missions in the Middle East and Congo
exemplify the Secretary-General's role in conflict resolution and peacekeeping.
- Kofi Annan: During his tenure as Secretary-General from 1997 to 2006, Kofi Annan championed the
concept of "responsibility to protect" (R2P), advocating for international intervention to prevent genocide,
war crimes, ethnic cleansing, and crimes against humanity. His leadership in mobilizing international
support for intervention in Kosovo and East Timor showcased the Secretary-General's role in advocating for
humanitarian intervention and protecting civilians in conflict zones.
8. Conclusion:
In conclusion, the Secretary-General of the United Nations plays a critical role in the maintenance of
international peace and security through mediation, conflict resolution, peacekeeping operations,
preventive diplomacy, advocacy, and support for peaceful dispute settlement. By leveraging diplomatic
skills, moral authority, and institutional resources, the Secretary-General contributes to the advancement
of the UN's mandate to promote peace, security, and stability in a world fraught with conflict and
uncertainty. Through effective leadership and collaboration with member states and international partners,
the Secretary-General serves as a beacon of hope and a catalyst for positive change in the pursuit of global
peace and security.
4.Define exclusive economic zone and discuss the rights of costal states and in the exclusive economic
zone.
The Exclusive Economic Zone (EEZ) is a maritime zone delineated by international law that extends beyond
a coastal state's territorial sea and grants the coastal state exclusive rights over the exploration and
exploitation of marine resources within this zone. The concept of the EEZ emerged as a response to the
growing need to manage and exploit ocean resources beyond national jurisdiction while ensuring the
sovereignty and rights of coastal states. This discussion will define the EEZ, explore the rights granted to
coastal states within this zone, and analyze relevant treaties, articles, examples, sections, and case law in
the context of public international law.
1. Definition of the Exclusive Economic Zone (EEZ):

The EEZ is defined under the United Nations Convention on the Law of the Sea (UNCLOS), specifically in
Part V of the convention. Article 55 of UNCLOS establishes the EEZ as an area beyond and adjacent to the
territorial sea where coastal states have sovereign rights for the purpose of exploring, exploiting,
conserving, and managing natural resources, both living and non-living, of the waters superjacent to the
seabed and of the seabed and its subsoil.
2. Rights of Coastal States in the Exclusive Economic Zone:

The EEZ regime grants coastal states a range of rights and jurisdictional powers over the resources and
activities within this zone:
a. Resource Exploitation:
- Coastal states have exclusive rights to exploit and manage the living and non-living resources found
within their EEZ, including fish stocks, oil, gas, minerals, and other marine resources.
- These rights extend to the water column, seabed, and subsoil, allowing coastal states to regulate and
control activities such as fishing, mining, and hydrocarbon exploration and extraction.
b. Sovereign Rights:
- While coastal states exercise sovereign rights over the resources within their EEZ, UNCLOS specifies
that these rights are limited to economic exploitation and do not affect the high seas freedoms of
navigation, overflight, or the laying of submarine cables and pipelines.
- Coastal states have the exclusive authority to determine and enforce regulations for the conservation
and management of marine resources within their EEZ, including the establishment of conservation
measures and the imposition of licensing requirements for resource extraction activities.
c. Environmental Protection:
- Coastal states are responsible for the protection and preservation of the marine environment within their
EEZ, including the prevention and mitigation of pollution, the conservation of marine biodiversity, and the
sustainable management of marine ecosystems.
- UNCLOS obligates coastal states to take measures to prevent, reduce, and control pollution from ships,
dumping, and other sources within their EEZ, in accordance with international law and standards.
d. Scientific Research:
- Coastal states have the right to conduct scientific research and marine scientific activities within their
EEZ, subject to certain conditions and obligations under UNCLOS.
- These activities must be conducted for peaceful purposes and in accordance with international law,
including the obligation to share research data and information with other states and the international
community.
e. Jurisdictional Enforcement:
- Coastal states have the authority to enforce their laws and regulations within their EEZ, including the
exercise of jurisdiction over vessels flying their flag and foreign vessels engaged in activities prohibited or
regulated by coastal state laws.
- UNCLOS provides coastal states with the right to board, inspect, and take enforcement action against
vessels suspected of violating their laws within the EEZ, subject to certain procedural and substantive
limitations.
3. Treaties, Conventions, and Case Law:

Numerous treaties, conventions, and case law provide context and guidance on the rights of coastal states
in the EEZ:
- United Nations Convention on the Law of the Sea (UNCLOS): UNCLOS, adopted in 1982 and entered into
force in 1994, is the primary international legal instrument governing maritime rights and responsibilities,
including the establishment and regulation of the EEZ regime.
- Southern Bluefin Tuna Case (Australia v. Japan; New Zealand intervening) (1999): In this landmark case
before the International Tribunal for the Law of the Sea (ITLOS), Australia sought provisional measures
against Japan for its fishing activities in the EEZ of Australia and New Zealand. The case highlighted the
importance of compliance with EEZ regulations and conservation measures for the sustainable
management of shared fish stocks.
4. Conclusion:The Exclusive Economic Zone (EEZ) represents a critical maritime zone where coastal states
exercise sovereign rights and jurisdictional powers over the exploration, exploitation, and management of
marine resources. Defined under UNCLOS, the EEZ regime grants coastal states exclusive rights to exploit
living and non-living resources within this zone while obligating them to protect the marine environment
and ensure sustainable resource management. Through a combination of rights, responsibilities, and
enforcement mechanisms, the EEZ regime seeks to balance the interests of coastal states with the broader
principles of international law, environmental conservation, and sustainable development in the marine
realm.
5.WHAT IS MEANT BY ASYLUM ? DISCUSS THE KINDS OF ASYLUM UNDER INTERNATIONAL LAW.
Asylum, in the context of public international law, refers to the protection granted by a state to individuals
who flee their own country due to a well-founded fear of persecution based on reasons such as race,
religion, nationality, membership in a particular social group, or political opinion. The granting of asylum is
based on humanitarian principles and the duty of states to provide refuge to those in need of protection
from serious harm or violation of their human rights. In India, the concept of asylum is enshrined in various
domestic laws and is also guided by international legal principles. This discussion will explore the meaning
of asylum, the types of asylum recognized under international law, and their application in India.
1. Definition and Purpose of Asylum:

Asylum is a legal concept rooted in the principle of non-refoulement, which prohibits states from returning
individuals to a country where they would face persecution or serious harm. The primary purpose of asylum
is to safeguard the fundamental rights and freedoms of individuals who are at risk of persecution in their
home country. Asylum allows individuals to seek protection and refuge in another country, where they can
live in safety and dignity, free from the threat of persecution or violence.
2. Types of Asylum under International Law:

There are two main types of asylum recognized under international law:
a. Territorial Asylum:
Territorial asylum, also known as diplomatic asylum, is granted within the territory of a state to individuals
who seek refuge in foreign embassies, consulates, or other diplomatic premises. This form of asylum is
based on the principle of extraterritoriality, which allows diplomatic missions to exercise control over their
premises and grant protection to individuals facing imminent danger or persecution. Territorial asylum is
often invoked in cases where individuals fear arrest, torture, or persecution by their own government.
b. Non-Territorial Asylum:
Non-territorial asylum, also known as diplomatic protection or political asylum, is granted by a state to
individuals who seek refuge outside its territory. This form of asylum is based on the principle of state
sovereignty and the duty of states to protect the rights and freedoms of individuals within their jurisdiction.
Non-territorial asylum may be granted through formal asylum procedures, diplomatic negotiations, or
international agreements. It is typically sought by individuals who flee their own country and seek
protection in another state due to persecution or serious human rights violations.
3. Asylum under Indian Law:

In India, the concept of asylum is primarily governed by domestic laws, constitutional provisions, and
international legal principles. The Indian Constitution guarantees the right to life and personal liberty under
Article 21, which encompasses the right to seek asylum and protection from persecution. Additionally, India
is a party to various international conventions and treaties that recognize the principle of asylum, including
the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
a. Territorial Asylum in India:

India has historically granted territorial asylum to individuals seeking refuge in foreign diplomatic missions
on its territory. For example, in 1971, India granted asylum to Sheikh Mujibur Rahman, the leader of the
Bangladesh Liberation Movement, who sought refuge in the Indian High Commission in Kolkata during the
Bangladesh Liberation War. India's decision to grant asylum in this case was based on humanitarian
grounds and the principle of non-refoulement.
b. Non-Territorial Asylum in India:

While India does not have specific legislation governing non-territorial asylum, it has a longstanding
tradition of providing refuge to individuals fleeing persecution in neighboring countries. For example, India
has granted asylum to Tibetan refugees, Afghan refugees, and Rohingya refugees, among others, who have
sought protection from persecution in their home countries. India's approach to non-territorial asylum is
guided by humanitarian considerations, diplomatic relations, and international legal principles.
4. Conclusion:Asylum is a fundamental concept in public international law that provides protection and
refuge to individuals fleeing persecution or serious human rights violations in their home countries. The two
main types of asylum, territorial and non-territorial, are recognized under international law and reflect the
principles of state sovereignty, non-refoulement, and humanitarianism. In India, asylum is governed by
domestic laws, constitutional provisions, and international legal principles, and the country has a history of
granting refuge to individuals seeking protection from persecution. By upholding the principle of asylum,
India demonstrates its commitment to protecting human rights, promoting international solidarity, and
providing assistance to those in need of refuge and protection.
6.DISCUSS THE SALIENT FEATURES OF THE OUTER SPACE TREATY
The Outer Space Treaty, formally known as the Treaty on Principles Governing the Activities of States in
the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is a fundamental
document in public international law. India, being a party to this treaty, abides by its principles and
provisions. This discussion will explore the salient features of the Outer Space Treaty from an Indian
perspective, including relevant articles, examples, sections, and case laws.
1. Principle of Peaceful Use of Outer Space:

The Outer Space Treaty reaffirms the principle that outer space should be used for peaceful purposes and
prohibits the deployment of nuclear weapons or other weapons of mass destruction in space. India, as a
staunch advocate of peaceful uses of outer space, aligns with this principle. India's space program,
exemplified by organizations like ISRO (Indian Space Research Organisation), focuses on scientific
research, exploration, and satellite technology for peaceful purposes, such as telecommunications,
weather forecasting, and disaster management.
2. Prohibition of National Appropriation:

One of the fundamental provisions of the Outer Space Treaty is the prohibition of national appropriation of
celestial bodies. This means that no country can claim sovereignty over the Moon, planets, or other celestial
bodies. India upholds this provision and supports the use of outer space for the common benefit of
humanity. India's Chandrayaan missions, aimed at lunar exploration, are conducted in adherence to this
principle, focusing on scientific research and international collaboration rather than territorial claims.
3. International Cooperation:
The Outer Space Treaty encourages international cooperation in space exploration and use. India actively
engages in collaborative space missions with various countries and international organizations. For
example, India's Mars Orbiter Mission (Mangalyaan) received support from NASA, demonstrating India's
commitment to collaborative space exploration.
4. Liability for Damage:

The treaty holds states responsible for damage caused by their space activities and requires them to
compensate other states for any harm caused. India acknowledges its responsibility under this provision
and takes measures to ensure the safety and security of its space missions. For instance, India's Space
Activities Bill, aimed at regulating space activities and liability issues, reflects India's commitment to
fulfilling its obligations under the Outer Space Treaty.
5. Registration of Space Objects:

The Outer Space Treaty mandates the registration of space objects launched by states. India complies with
this requirement through its national registry of space objects, maintained by ISRO. This registry provides
information about Indian space missions and ensures transparency and accountability in India's space
activities.
6. Environmental Protection:
The treaty emphasizes the importance of protecting the space environment and celestial bodies from
harmful contamination. India recognizes the need for sustainable space practices and endeavors to
minimize space debris and pollution. For instance, India's ASAT (Anti-Satellite) test in 2019 was conducted
in a manner to minimize debris generation and mitigate potential risks to space assets.

While there may not be direct case law related to the Outer Space Treaty in Indian courts, India's adherence
to its provisions is reflected in its national laws and policies governing space activities. For example, the
Space Activities Bill, currently under consideration in the Indian Parliament, incorporates principles of
liability, registration, and environmental protection in line with the Outer Space Treaty.
Conclusion:The Outer Space Treaty plays a crucial role in shaping India's space policy and activities. India's
commitment to the peaceful use of outer space, prohibition of national appropriation, international
cooperation, liability for damage, registration of space objects, and environmental protection aligns with
the principles enshrined in the treaty. By upholding these principles, India contributes to the responsible
and sustainable use of outer space for the benefit of present and future generations.
7.Explain the composition and functions of security council.

The United Nations Security Council (UNSC) is one of the principal organs of the United Nations (UN)
responsible for the maintenance of international peace and security. As a founding member of the UN and a
key player in global affairs, India has a vested interest in understanding the composition and functions of
the Security Council. This discussion will explore the composition, powers, functions, and role of the UNSC,
with a focus on India's perspective, relevant treaties, articles, examples, sections, and case laws.
1. Composition of the Security Council:

The UNSC is composed of 15 member states, including five permanent members (P5) and ten non-
permanent members elected for two-year terms. The five permanent members are China, France, Russia,
the United Kingdom, and the United States, commonly referred to as the P5. Each permanent member holds
the power of veto, enabling them to block any substantive resolution, regardless of the level of
international support.
India's Perspective:
India has long advocated for reforming the composition of the Security Council to reflect contemporary
geopolitical realities. As a prominent member of the G4 group (comprising Brazil, Germany, India, and
Japan), India has called for its inclusion as a permanent member of an expanded UNSC. India argues that as
the world's largest democracy and a significant contributor to UN peacekeeping missions, it deserves a
permanent seat on the Security Council to better represent the interests of developing countries.
2. Functions and Powers of the Security Council:

The primary function of the UNSC is to maintain international peace and security in accordance with the
purposes and principles of the UN Charter. The Security Council is vested with broad powers to address
threats to peace, resolve conflicts, and impose sanctions or authorize the use of force when necessary. Key
functions and powers of the Security Council include:
a. Peacekeeping Operations:
The Security Council can authorize peacekeeping operations to help maintain or restore peace in areas
affected by conflicts. India has been a significant contributor to UN peacekeeping missions, deploying
troops, police, and civilian personnel to various conflict zones around the world.
b. Conflict Resolution and Mediation:
The Security Council plays a central role in resolving conflicts through diplomatic means, negotiation, and
mediation. It can establish or authorize special envoys, mediation teams, or peacekeeping missions to
facilitate dialogue and reconciliation between conflicting parties.
c. Imposition of Sanctions:
The Security Council has the authority to impose economic, diplomatic, or military sanctions on states or
non-state actors engaged in activities that threaten international peace and security. Sanctions may
include arms embargoes, trade restrictions, travel bans, and financial measures.
d. Authorization of the Use of Force:
In cases where peaceful means have failed to resolve a threat to peace or aggression, the Security
Council can authorize the use of force to maintain or restore international peace and security. However,
such authorization requires the affirmative votes of at least nine of the fifteen Council members, including
all five permanent members.
e. Adjudication of Disputes:
The Security Council can refer disputes or conflicts to the International Court of Justice (ICJ) for
adjudication, provided that both parties to the dispute accept the court's jurisdiction. The ICJ serves as the
principal judicial organ of the UN and settles legal disputes between states.
India's Perspective:
India acknowledges the importance of the Security Council in addressing global security challenges but
has raised concerns about the Council's effectiveness, transparency, and representativeness. India
advocates for reforms that would enhance the democratic legitimacy and accountability of the Security
Council, including expansion of its membership to include more developing countries and greater
transparency in decision-making processes.

While there may not be direct case law related to the composition and functions of the Security Council in
Indian courts, India's engagement with the UNSC and its decisions has significant implications for its
foreign policy and national interests. India has actively participated in Security Council deliberations and
contributed to shaping resolutions on issues such as counter-terrorism, peacekeeping, and disarmament.
Conclusion:The United Nations Security Council plays a vital role in maintaining international peace and
security, with far-reaching powers and responsibilities. India, as a prominent member of the UN, recognizes
the importance of the Security Council but advocates for reforms to make it more inclusive, representative,
and effective. By engaging constructively with the Security Council and advocating for reforms, India seeks
to promote a more equitable and peaceful world order in accordance with the principles of the UN Charter.
8.WHAT IS STATE SUCCESSION? EXPLAIN DIFFERENT KINDS OF STATE SUCCESSION
State succession refers to the process by which a new state emerges or comes into existence as the
successor to an existing state, resulting in changes to the rights, obligations, and international legal
personality of the successor state. This concept is of significant importance in public international law, and
India, as a prominent member of the international community, recognizes its implications. This discussion
will explore the concept of state succession, its different kinds, relevant treaties, articles, examples,
sections, and case laws, focusing on India's perspective and laws.
1. Concept of State Succession:

State succession occurs in various circumstances, including:
a. Independence and Decolonization:
When a colony or dependent territory gains independence and becomes a sovereign state, it undergoes
state succession. This typically involves the transfer of authority from the former colonial power to the
newly independent state, leading to changes in the state's international legal status and responsibilities.
b. Dissolution of States:
When a state disintegrates or ceases to exist, such as through partition, secession, or dissolution, it may
lead to state succession. In such cases, the successor states inherit the rights, obligations, and
international legal personality of the former state, albeit with possible modifications or adjustments.
c. Unification of States:
Conversely, state succession can also occur through the unification or merger of two or more states into a
single entity. This often involves the consolidation of territories, populations, and institutions, resulting in
the creation of a new state with a unified legal personality.
2. Different Kinds of State Succession:

State succession can manifest in different forms, each presenting unique legal implications and
challenges. The main kinds of state succession include:
a. Universal Succession:
Universal succession occurs when a new state inherits all the rights, obligations, and international legal
personality of the predecessor state without any modifications or exceptions. This typically occurs in cases
of peaceful transitions of power or changes in government.
b. Partial Succession:
Partial succession occurs when a new state inherits only certain aspects of the predecessor state's rights
and obligations, with modifications or exceptions. This may involve renegotiating treaties, agreements, or
arrangements to accommodate the interests and concerns of the successor state.
c. Continuous Succession:
Continuous succession occurs when a new state continues the legal personality of the predecessor state
without interruption, maintaining its existing treaty obligations, memberships, and international relations.
This is often the preferred approach in cases of peaceful transitions or changes in government.
d. Discontinuous Succession:
Discontinuous succession occurs when there is a break or interruption in the legal continuity between the
predecessor and successor states, resulting in changes to their respective rights, obligations, and
international legal status. This may occur in cases of armed conflict, revolution, or regime change.
3. Relevant Treaties, Articles, and Case Laws:

a. Vienna Convention on Succession of States in Respect of Treaties (1978):
The Vienna Convention provides comprehensive rules and principles governing state succession in
respect of treaties. It outlines the rights and obligations of successor states, the continuity of treaties, and
procedures for treaty succession.
b. Article 4 of the UN Charter:

Article 4 of the UN Charter recognizes the principle of state succession and the rights of newly
independent states to become members of the United Nations. It establishes procedures for the admission
of new member states to the UN.
c. Case Law:
While there may not be specific case law related to state succession in Indian courts, India has
encountered issues of state succession in its own history, such as the partition of British India in 1947 and
the subsequent creation of India and Pakistan. These events have influenced India's understanding and
approach to state succession in international law.
4. India's Perspective:
India recognizes the importance of state succession as a fundamental aspect of international law and
respects the rights and obligations of successor states. India has experienced state succession firsthand
during its own independence and partition, which has shaped its perspective on these issues. India
advocates for a principled and equitable approach to state succession, emphasizing the need to respect the
sovereignty, territorial integrity, and rights of all states involved.
Conclusion:State succession is a complex and multifaceted concept in international law, with various forms
and implications. India, as a prominent member of the international community, acknowledges the
importance of state succession and adheres to relevant treaties, principles, and norms governing this area
of law. By understanding the different kinds of state succession and their legal implications, India seeks to
contribute to a more stable, peaceful, and equitable international order based on the principles of
sovereignty, equality, and justice.
9.DISCUSS THE JURISDICTION OF MARITIME STATE OVER COASTAL WATERS.

The jurisdiction of maritime states over coastal waters is a crucial aspect of public international law,
governed by various treaties, conventions, principles, and customary practices. India, as a maritime state
with an extensive coastline, has a vested interest in understanding and asserting its jurisdiction over
coastal waters. This discussion will explore the jurisdiction of maritime states over coastal waters, relevant
treaties, articles, examples, sections, and case laws, focusing on India's perspective and laws.
1. Territorial Sea and Baseline:

The territorial sea is a belt of water adjacent to the coast over which a coastal state exercises sovereignty.
According to the United Nations Convention on the Law of the Sea (UNCLOS), the territorial sea extends up
to 12 nautical miles (nm) from the baseline, which is the low-water line along the coast as marked on large-
scale charts officially recognized by the coastal state.
a. Relevant Treaties and Conventions:

- UNCLOS (1982): Article 3 of UNCLOS defines the baseline for measuring the breadth of the territorial
sea and establishes the principle of sovereignty over the territorial sea. India is a party to UNCLOS and
recognizes the provisions governing the territorial sea and baseline.
b. Example:India's Territorial Waters, Continental Shelf, Exclusive Economic Zone, and Other Maritime
Zones Act, 1976, provides the legal framework for establishing the baseline and exercising jurisdiction over
the territorial sea.
2. Contiguous Zone:
The contiguous zone is an area adjacent to the territorial sea where a coastal state may exercise limited
control for the purpose of preventing and punishing infringement of customs, fiscal, immigration, or
sanitary laws and regulations within its territory or territorial sea.
a. Relevant Treaties and Conventions: - UNCLOS (1982): Article 33 of UNCLOS provides for the
establishment of a contiguous zone beyond the territorial sea, extending up to 24 nm from the baseline.
Coastal states have limited jurisdiction in the contiguous zone to enforce specific laws and regulations.
b. Example: India's jurisdiction over its contiguous zone is regulated by the Contiguous Zone Act, 1981,
which grants Indian authorities the power to take appropriate measures to prevent and punish violations of
customs, fiscal, immigration, or sanitary laws and regulations.
3. Exclusive Economic Zone (EEZ):
The exclusive economic zone is an area beyond and adjacent to the territorial sea where a coastal state has
sovereign rights for the purpose of exploring and exploiting, conserving and managing natural resources,
and conducting scientific research.
a. Relevant Treaties and Conventions:- UNCLOS (1982): Articles 55 to 75 of UNCLOS establish the legal
framework for the exclusive economic zone, extending up to 200 nm from the baseline. Coastal states have
exclusive rights to explore and exploit natural resources within their EEZs.
b. Example:India's jurisdiction over its EEZ is governed by the Exclusive Economic Zone Act, 1981, which
grants Indian authorities the exclusive right to exploit and manage natural resources, such as fish stocks,
minerals, and hydrocarbons, within its EEZ.
4. Continental Shelf:
The continental shelf is an underwater extension of the coastal landmass where the coastal state exercises
sovereign rights over the exploration and exploitation of natural resources, including oil, gas, and minerals.
a. Relevant Treaties and Conventions:

- UNCLOS (1982):Articles 76 to 85 of UNCLOS establish the legal framework for defining the outer limits
of the continental shelf beyond 200 nm from the baseline. Coastal states have sovereign rights over the
continental shelf for the purpose of exploring and exploiting its natural resources.
b. Example:India's jurisdiction over its continental shelf is regulated by the Continental Shelf Act, 1972,
which delineates the outer limits of the continental shelf and grants Indian authorities the exclusive right to
explore and exploit its natural resources.
5. Case Laws and Precedents:

While there may not be direct case law related to India's jurisdiction over coastal waters in Indian courts,
India has encountered disputes and challenges concerning its maritime boundaries and rights. For example,
the India-Bangladesh Maritime Delimitation Arbitration (2014) resolved a long-standing dispute between
India and Bangladesh over their maritime boundary in the Bay of Bengal, establishing their respective EEZs
and continental shelf rights.
Conclusion:The jurisdiction of maritime states over coastal waters is governed by international law,
treaties, conventions, and customary practices. India, as a maritime state, exercises jurisdiction over its
territorial sea, contiguous zone, exclusive economic zone, and continental shelf in accordance with
UNCLOS and relevant domestic laws. By asserting its jurisdiction over coastal waters, India seeks to
safeguard its maritime interests, protect natural resources, and promote maritime security and cooperation
in the Indian Ocean region.
10.EXPLAIN THE PURPOSES AND PRINCIPLES OF UNITED NATIONS. INTERNATIONAL LAW IS

NOT A TRUE LAW, BUT ONLY POSITIVE MORALITY . COMMENT.
The United Nations (UN) was established in 1945 with the primary aim of maintaining international peace
and security, promoting friendly relations among nations, achieving international cooperation in solving
economic, social, cultural, and humanitarian problems, and advancing respect for human rights and
fundamental freedoms. These purposes and principles are enshrined in the UN Charter, which serves as the
foundational document of the organization. From an Indian perspective, understanding the purposes and
principles of the UN is crucial as India is a founding member of the organization and actively participates in
its activities. Let's delve into the purposes and principles of the UN and then address the assertion that
international law is not a true law but only positive morality.
1. Purposes of the United Nations:

The purposes of the UN, as outlined in Article 1 of the UN Charter, include:
a. Maintaining International Peace and Security:
The UN seeks to prevent the outbreak of conflicts, resolve disputes through peaceful means, and
facilitate peacekeeping operations to restore and maintain peace in conflict-affected areas. India, as a
leading contributor to UN peacekeeping missions, plays a significant role in fulfilling this purpose.
b. Promoting Friendly Relations Among Nations:

The UN endeavors to foster mutual respect, understanding, and cooperation among nations to promote
peaceful coexistence and prevent the recurrence of conflicts. India's diplomatic engagements and
participation in multilateral forums contribute to promoting friendly relations with other countries.
c. Achieving International Cooperation:

The UN serves as a platform for countries to collaborate and address global challenges collectively, such
as climate change, terrorism, poverty, and pandemics. India actively participates in international
cooperation initiatives, including those related to sustainable development, public health, and disaster
relief.
d. Advancing Respect for Human Rights:

The UN promotes respect for human rights and fundamental freedoms for all without distinction of race,
sex, language, or religion. India, as a democratic nation committed to upholding human rights, aligns with
the UN's efforts to protect and promote human rights globally.
2. Principles of the United Nations:

The principles of the UN, as outlined in Article 2 of the UN Charter, include:
a. Sovereign Equality of States:
All member states of the UN are sovereign and equal, irrespective of their size, wealth, or power. The
principle of sovereign equality underpins the UN's decision-making processes and ensures that all states
have an equal voice in international affairs.
b. Non-Interference in Domestic Affairs:

The UN prohibits the use of force or interference in the domestic affairs of sovereign states, except in
cases of self-defense or when authorized by the UN Security Council. This principle safeguards the
sovereignty and independence of states, including India.
c. Peaceful Settlement of Disputes:

The UN advocates for the peaceful settlement of disputes through negotiation, mediation, arbitration, or
judicial means, rather than resorting to violence or armed conflict. India has consistently supported efforts
to resolve disputes peacefully, both regionally and globally.
d. Respect for International Law:

The UN upholds the rule of law and promotes adherence to international law as the cornerstone of stable
and predictable international relations. India, as a responsible member of the international community,
respects and abides by international law in its interactions with other states.
e. Promotion of Human Rights:

The UN promotes the protection and promotion of human rights as a fundamental aspect of its work. India,
as a diverse and pluralistic society, upholds the principles of equality, dignity, and non-discrimination
enshrined in international human rights instruments.
Addressing the Assertion: International Law as Positive Morality:

The assertion that international law is not a true law but only positive morality suggests that international
law lacks the characteristics of traditional domestic legal systems, such as enforceability and sanction
mechanisms. While it is true that international law operates differently from domestic law, it is not accurate
to dismiss it as mere morality. International law is a system of rules and principles that govern the conduct
of states and other international actors in the international arena. It is backed by state practice, customary
norms, treaties, and institutions, which give it legal validity and authority.
a. Treaties and Conventions:

Treaties and conventions are the primary sources of international law, governing various aspects of
interstate relations, including peace and security, human rights, trade, and the environment. Treaties, once
ratified by states, create legal obligations and commitments that bind parties under international law.
b. Articles and Provisions:

International legal instruments, such as the UN Charter, contain articles and provisions that establish
rights, obligations, and responsibilities for states and international organizations. These provisions are
legally binding and enforceable under international law.
c. Example:
The International Court of Justice (ICJ), as the principal judicial organ of the UN, adjudicates disputes
between states and provides authoritative interpretations of international law. The ICJ's decisions and
advisory opinions contribute to the development and clarification of international legal principles and
norms.
d. Case Laws:
While international law lacks a centralized judicial system with compulsory jurisdiction, certain
international and regional courts and tribunals adjudicate disputes and issue judgments that have legal
significance. Case laws from these judicial bodies contribute to the development and application of
international law.
Conclusion:The United Nations serves as the cornerstone of the international legal order, promoting peace,
security, cooperation, and respect for human rights and international law. While international law may
differ in certain aspects from domestic legal systems, it is a valid and indispensable framework for
regulating interstate relations and addressing global challenges. India, as a responsible member of the
international community, upholds the purposes and principles of the UN and actively engages in
multilateral efforts to promote peace, development, and justice on the global stage.
11.WHEN THE STATE IS RESPONSIBLE FOR INTERNATIONAL DELINQUENCIES
In the realm of public international law, the concept of state responsibility plays a crucial role in holding
states accountable for their actions or omissions that violate international norms, obligations, or duties.
When a state commits international delinquencies, it may incur legal consequences under international law.
This discussion will explore the concept of state responsibility for international delinquencies, relevant
treaties, conventions, articles, examples, sections, and case laws, focusing on India's perspective and laws.
1. Definition of International Delinquencies:

International delinquencies refer to wrongful acts committed by states that breach their obligations under
international law. These acts may include violations of international treaties, customary norms, human
rights standards, or other recognized principles of international law. International delinquencies can take
various forms, including armed aggression, unlawful use of force, human rights abuses, environmental
harm, and breaches of diplomatic or consular immunity.
2. Treaties and Conventions:

a. UN Charter: - Article 2(4) of the UN Charter prohibits the use of force or the threat of force by states
against the territorial integrity or political independence of other states. States that engage in acts of
aggression or armed conflict may be held responsible for violations of this provision.
b. Genocide Convention (1948): - The Genocide Convention defines genocide as acts committed with intent
to destroy, in whole or in part, a national, ethnical, racial, or religious group. States that engage in genocide
or fail to prevent and punish genocide within their jurisdiction may be held responsible under this
convention.
3. Principles of State Responsibility:

a. Principle of State Responsibility:
- The principle of state responsibility, as codified in the International Law Commission's Articles on State
Responsibility (2001), establishes the legal framework for determining when a state is responsible for
internationally wrongful acts. According to this principle, a state is responsible for its conduct that
constitutes a breach of an international obligation.
b. Attribution of Conduct:
- States may be held responsible for the conduct of their organs, officials, or agents acting in an official
capacity, as well as for conduct that is attributable to them under principles of international law. This
includes acts of state organs, armed forces, diplomatic personnel, or entities acting under state authority
or control.
c. Consequences of Internationally Wrongful Acts:

- The consequences of internationally wrongful acts may include diplomatic protests, countermeasures,
compensation, restitution, satisfaction, or other forms of redress. States that commit international
delinquencies may be required to cease the wrongful conduct, provide reparations to affected states or
individuals, and take measures to prevent recurrence of similar violations in the future.
4. Examples and Case Laws:

a. India-Pakistan Relations:
- India and Pakistan have a history of conflicts and disputes, including the Indo-Pakistani wars of 1947,
1965, and 1971, as well as ongoing tensions over the Kashmir region. Both countries have been accused of
committing international delinquencies, including violations of human rights, unlawful use of force, and
support for terrorist groups.
b. Nuclear Non-Proliferation Treaty (NPT):

- India's nuclear tests in 1974 and 1998, conducted outside the framework of the NPT, were viewed by
some as violations of international non-proliferation norms. While India maintains that its nuclear program
is for peaceful purposes, its actions have raised concerns among the international community regarding
nuclear proliferation and disarmament.
c. ICJ Jurisdiction:
- The International Court of Justice (ICJ) has jurisdiction to adjudicate disputes between states concerning
their international legal obligations. Cases brought before the ICJ may involve allegations of international
delinquencies, such as breaches of treaties or customary norms. While India has not been a party to
significant ICJ cases related to state responsibility, its engagement with the court underscores the
importance of international law in resolving interstate disputes.
Conclusion: State responsibility for international delinquencies is a fundamental principle of public

international law, aimed at holding states accountable for their actions or omissions that violate
international norms and obligations. India, as a prominent member of the international community,
recognizes the importance of upholding its international legal obligations and respecting the rights of other
states. By adhering to treaties, conventions, and principles of state responsibility, India seeks to contribute
to a rules-based international order characterized by peace, security, and cooperation.
12.Explain the privileges and immunities of diplomatic envoys?
Diplomatic envoys play a crucial role in facilitating communication, negotiation, and cooperation between
states in the international arena. To ensure the effective performance of their duties, diplomats enjoy
certain privileges and immunities granted under international law.
These privileges and immunities are aimed at protecting the independence, dignity, and functionality of
diplomatic missions and personnel. From an Indian perspective, understanding the privileges and
immunities of diplomatic envoys is essential as India maintains diplomatic relations with numerous
countries worldwide. This discussion will explore the privileges and immunities of diplomatic envoys,
relevant treaties, articles, examples, sections, and case laws, focusing on India's perspective and laws.
1. Vienna Convention on Diplomatic Relations (1961):

The Vienna Convention on Diplomatic Relations (VCDR) is the primary international treaty governing the
privileges and immunities of diplomatic envoys. India is a party to the VCDR and recognizes its provisions
concerning diplomatic privileges and immunities.
a. Relevant Articles of the VCDR:

- Article 29: Inviolability of the Diplomatic Agent: Diplomatic agents are inviolable and immune from
arrest, detention, or prosecution by the receiving state. They also enjoy immunity from civil and
administrative jurisdiction, except in cases involving private immovable property situated in the receiving
state.
- Article 31: Diplomatic Agents' Immunity from Criminal Jurisdiction: Diplomatic agents are immune from
the criminal jurisdiction of the receiving state. They cannot be prosecuted or detained, except in cases of
grave crimes, such as murder or serious offenses committed outside their official functions.
- Article 22: Inviolability of the Diplomatic Mission: The premises of the diplomatic mission, including the
embassy or consulate, are inviolable. They cannot be entered or searched by the authorities of the receiving
state without the consent of the sending state.
- Article 27: Exemption from Taxation: Diplomatic agents are exempt from all direct and indirect taxes on
the salaries and emoluments they receive from the sending state. They also enjoy exemption from customs
duties on their personal effects and vehicles.
2. Example: Indian Laws and Practices:

- Vienna Convention Act, 1972: India enacted the Vienna Convention Act to give effect to the provisions of
the VCDR. The Act provides legal recognition and implementation of diplomatic privileges and immunities in
Indian territory.
- Ministry of External Affairs (MEA): The Ministry of External Affairs of India oversees the conduct of
diplomatic relations and ensures compliance with international treaties and conventions, including the
VCDR.
3. Case Laws and Precedents:

While there may not be direct case laws related to diplomatic privileges and immunities in Indian courts,
India has encountered diplomatic incidents and disputes that involve the application and interpretation of
international law principles.
a. Case Example:- Diplomatic Car Incident: In 2013, an Indian diplomat in the United States was arrested
and charged with visa fraud and underpaying her domestic worker. The incident raised questions about
diplomatic immunity and the extent of protection afforded to diplomatic personnel under international law.
4. Challenges and Limitations:

Despite the broad scope of diplomatic privileges and immunities, there are certain limitations and
exceptions to their application. Diplomatic agents must respect the laws and regulations of the receiving
state and refrain from abusing their privileges.
a. Exception for Private Matters:Diplomatic immunity does not extend to matters of a diplomat's private life
or activities unrelated to their official functions. In such cases, diplomats may be subject to the jurisdiction
of the receiving state.
Conclusion:
In conclusion, the privileges and immunities of diplomatic envoys are essential components of international
law aimed at facilitating diplomatic relations and ensuring the effective functioning of diplomatic missions.
India, as a member of the international community, recognizes and upholds the principles of diplomatic
immunity enshrined in the VCDR. By respecting the privileges and immunities of diplomatic envoys, India
promotes mutual respect, cooperation, and diplomacy in its interactions with other states.
13.EXPLAIN THE EVOLUTION AND DEVELOPMENT OF THE LAW OF THE SEA.
The Law of the Sea encompasses a complex body of international legal principles and norms governing the
use and management of ocean spaces and resources. Over the centuries, the evolution of the Law of the
Sea has been shaped by changing geopolitical dynamics, technological advancements, environmental
concerns, and the needs of coastal and maritime states. From an Indian perspective, understanding the
evolution and development of the Law of the Sea is crucial due to India's extensive coastline, maritime
interests, and involvement in international maritime affairs. This discussion will explore the evolution and
development of the Law of the Sea, relevant treaties, articles, examples, sections, and case laws, focusing
on India's perspective and laws.
1. Historical Perspectives:
The concept of maritime law can be traced back to ancient civilizations, where coastal communities
developed customary practices to regulate maritime activities such as fishing, navigation, and trade.
However, the formalization of the Law of the Sea began in the modern era with the emergence of maritime
empires and the need to establish rules for maritime navigation, sovereignty, and jurisdiction.
a. Example:
- Arthashastra: Ancient Indian texts, such as the Arthashastra, contain references to maritime laws and
regulations governing maritime trade, piracy, and coastal defense, reflecting India's historical engagement
with maritime affairs.
2. Development of International Law:

The modern development of the Law of the Sea can be attributed to the gradual codification of customary
practices and the negotiation of international agreements to address emerging maritime issues. Key
milestones in the development of the Law of the Sea include:
a. Mare Liberum and Mare Clausum:
- In the 17th century, the Dutch jurist Hugo Grotius published "Mare Liberum" (The Free Sea), arguing for
the freedom of navigation and trade on the high seas. This concept challenged the prevailing notion of
"Mare Clausum" (Closed Sea), which asserted exclusive territorial rights over certain sea areas.
b. UNCLOS I-IV:- The United Nations held four conferences on the Law of the Sea between 1958 and 1960,
known as UNCLOS I-IV, to address issues such as territorial sovereignty, fishing rights, and navigation.
While these conferences made progress in clarifying certain aspects of the Law of the Sea, they failed to
achieve comprehensive agreement on a unified legal framework.
c. United Nations Convention on the Law of the Sea (UNCLOS):
- UNCLOS, adopted in 1982, is the primary international treaty governing the Law of the Sea. It
establishes a comprehensive legal regime for maritime zones, navigation rights, environmental protection,
and resource management. India played a significant role in the negotiation and adoption of UNCLOS and is
a party to the convention.
3. Key Provisions of UNCLOS:

UNCLOS sets out a framework for the delimitation of maritime zones, including:
a. Territorial Sea (Article 3):
- Coastal states have sovereignty over a territorial sea extending up to 12 nautical miles from their
baselines. India's Territorial Waters, Continental Shelf, Exclusive Economic Zone, and Other Maritime Zones
Act, 1976, provides the legal framework for establishing the baseline and exercising jurisdiction over the
territorial sea.
b. Exclusive Economic Zone (Article 56):
- Coastal states have sovereign rights over an exclusive economic zone (EEZ) extending up to 200 nautical
miles from their baselines. India's jurisdiction over its EEZ is governed by the Exclusive Economic Zone Act,
1981.
c. Continental Shelf (Article 76):
- Coastal states have sovereign rights over the continental shelf beyond their territorial seas for the
exploration and exploitation of natural resources. India's jurisdiction over its continental shelf is regulated
by the Continental Shelf Act, 1972.
4. Indian Perspectives and Case Laws:

While India has not been directly involved in significant maritime disputes adjudicated by international
courts, it has encountered maritime challenges and disputes that underscore the importance of the Law of
the Sea. For example:
a. India-Bangladesh Maritime Delimitation Arbitration (2014):
- This arbitration resolved a long-standing dispute between India and Bangladesh over their maritime
boundary in the Bay of Bengal, establishing their respective EEZs and continental shelf rights.
b. Indian Ocean Region:
- India's strategic location in the Indian Ocean region underscores its maritime interests and the need to
uphold the principles of the Law of the Sea to safeguard its maritime security, promote sustainable
development, and foster cooperation with neighboring states.
Conclusion: The evolution and development of the Law of the Sea reflect the evolving needs and interests
of coastal and maritime states in regulating ocean spaces and resources. UNCLOS, as the cornerstone of
the Law of the Sea, provides a comprehensive legal framework for maritime governance, environmental
protection, and resource management. India, as a maritime nation, recognizes the importance of upholding
the principles of UNCLOS and actively participates in international efforts to promote maritime
cooperation, security, and sustainable development in the Indian Ocean region and beyond.
14.WHAT IS LEAGUE OF NATIONS ? WHAT ARE REASONS FOR ITS FAILURE?
League of Nations:
The League of Nations was an intergovernmental organization founded on January 10, 1920, following the
conclusion of World War I. Its primary aim was to maintain international peace and security by preventing
future conflicts through collective security, disarmament, and diplomatic arbitration. The League of
Nations was established under the provisions of the Treaty of Versailles and the Covenant of the League of
Nations, which served as its founding charter. From an Indian perspective, understanding the League of
Nations and its failure is essential as it reflects the challenges and dynamics of international diplomacy
during that period. Let's delve into the League of Nations, its objectives, structure, and reasons for its
failure.
1. Objectives of the League of Nations:

The League of Nations had several key objectives, as outlined in its Covenant:
a. Maintenance of International Peace and Security:
The primary objective of the League was to prevent the outbreak of wars and conflicts among member
states through collective security arrangements and diplomatic mediation.
b. Promotion of International Cooperation:
The League aimed to facilitate cooperation among nations in addressing global challenges, such as
disarmament, economic instability, and humanitarian crises.
c. Protection of Minorities and Humanitarian Causes:
The League sought to protect the rights of minority groups and promote humanitarian causes, such as
improving public health, tackling slavery, and addressing refugee issues.
d. Settlement of Disputes:
The League provided a forum for member states to resolve disputes peacefully through negotiation,
mediation, or arbitration, thereby preventing the escalation of conflicts.
2. Structure of the League of Nations:

The League of Nations comprised various institutional bodies, including:
a. The Assembly:
The Assembly served as the principal deliberative body of the League, where all member states had equal
representation. It discussed and made recommendations on matters concerning international peace and
security.
b. The Council:
The Council was responsible for maintaining international peace and security and had the authority to
take action, including economic sanctions or military intervention, against aggressor states.
c. The Secretariat:
The Secretariat provided administrative support to the League and implemented its decisions. It was
headed by the Secretary-General, who was appointed by the Assembly.
d. The Permanent Court of International Justice:
The Permanent Court of International Justice, established in 1922, was the principal judicial organ of the
League. It adjudicated disputes between member states and provided legal opinions on matters of
international law.
3. Reasons for the Failure of the League of Nations:
Despite its noble objectives and institutional framework, the League of Nations ultimately failed to prevent
the outbreak of World War II and ceased its operations in 1946. Several factors contributed to its failure:
a. Weaknesses in Collective Security:
The League's system of collective security relied on the cooperation of member states to deter
aggression. However, it lacked effective mechanisms for enforcement and was unable to prevent acts of
aggression by militaristic regimes, such as Nazi Germany and Fascist Italy.
b. Limited Membership and Representation:
The League's effectiveness was undermined by the absence of key global powers, such as the United
States, which chose not to join or participate actively. This limited the League's ability to address major
international crises effectively.
c. Failure to Address Economic and Social Issues:
The League struggled to address economic instability and social unrest, particularly during the Great
Depression of the 1930s. Its efforts to promote disarmament and economic cooperation were hampered by
nationalist sentiments and protectionist policies.
d. Lack of Military Enforcement:
The League's inability to enforce its decisions militarily weakened its credibility as a guarantor of
international peace and security. Member states were often reluctant to commit troops or resources to
collective security initiatives.
e. Dominance of Great Power Politics:

The League was overshadowed by the geopolitical rivalries and power struggles among major states,
which prioritized their national interests over collective security and international cooperation.
f. Ineffectiveness of Diplomatic Mediation:
Despite its efforts to mediate disputes and negotiate settlements, the League faced challenges in
resolving deep-seated conflicts, such as territorial disputes and ethnic tensions, which ultimately led to
armed conflicts.
4. Case Example:
The League's failure to prevent the outbreak of World War II, despite its efforts to mediate disputes and
impose economic sanctions on aggressor states, highlights the limitations of collective security and
diplomatic mediation in the face of aggressive expansionism and militarism.
Conclusion:
In conclusion, the League of Nations represented an ambitious but ultimately flawed attempt to maintain
international peace and security in the aftermath of World War I. Its failure to prevent the outbreak of
World War II exposed the limitations of collective security and diplomatic mediation in the face of
geopolitical rivalries and aggressive expansionism. However, the League's legacy laid the groundwork for
the establishment of the United Nations, which sought to learn from its shortcomings and build a more
effective framework for international cooperation and conflict resolution.
15.EXPLAIN ABOUT UNO
The United Nations Organization (UNO), commonly referred to as the United Nations (UN), is an
intergovernmental organization established on October 24, 1945, following the end of World War II. The UN
was founded with the primary objective of maintaining international peace and security, promoting
economic and social development, fostering cooperation among nations, and upholding human rights. From
an Indian perspective, understanding the structure, functions, and significance of the UN is essential as
India is a founding member and actively participates in its activities. Let's explore the United Nations
Organization, its key components, and its role in international law and diplomacy.
1. Charter of the United Nations:

The Charter of the United Nations serves as the founding document and constitutional framework of the
organization. It outlines the purposes, principles, structure, and functions of the UN and establishes the
rights and obligations of member states. The Charter consists of a preamble and 19 chapters, which cover
various aspects of international relations, including peace and security, economic development, human
rights, and international law.
a. Relevant Articles of the UN Charter:

- Article 1: Purposes of the United Nations: This article outlines the main objectives of the UN, including
maintaining international peace and security, promoting social progress and better standards of life,
fostering cooperation in solving international problems, and promoting respect for human rights and
fundamental freedoms.
- Article 2: Principles of the United Nations: This article enumerates the fundamental principles governing
the conduct of member states, such as sovereign equality, peaceful settlement of disputes, non-
interference in domestic affairs, and respect for human rights and international law.
- Article 24: Functions and Powers of the Security Council: This article vests primary responsibility for the
maintenance of international peace and security in the UN Security Council. It grants the Security Council
the authority to take action, including the use of force, to address threats to peace and acts of aggression.
- Article 51: Right to Self-Defense: This article recognizes the inherent right of individual or collective self-
defense against armed attack, subject to the approval of the Security Council. It provides a legal basis for
states to defend themselves against aggression in accordance with international law.
2. Structure of the United Nations:

The United Nations consists of several key organs and specialized agencies, each with specific functions
and responsibilities:
a. General Assembly:
The General Assembly is the main deliberative and policymaking body of the UN, composed of all member
states. It meets annually in regular sessions to discuss and debate international issues, adopt resolutions,
and make recommendations on a wide range of topics, including peace and security, development, and
human rights.
b. Security Council:
The Security Council is responsible for maintaining international peace and security and has the authority
to take action, including sanctions and military intervention, to address threats to peace and acts of
aggression. It consists of five permanent members with veto power (China, France, Russia, the United
Kingdom, and the United States) and ten non-permanent members elected by the General Assembly for
two-year terms.
c. Economic and Social Council (ECOSOC):

ECOSOC is responsible for promoting international economic and social cooperation and development. It
coordinates the work of specialized agencies, funds, and programs within the UN system and oversees their
activities in areas such as health, education, and sustainable development.
d. International Court of Justice (ICJ):

The ICJ is the principal judicial organ of the UN and is responsible for adjudicating disputes between states
and providing advisory opinions on legal questions referred to it by UN organs and specialized agencies. Its
decisions and opinions are binding on the parties involved and serve as authoritative interpretations of
international law.
e. Secretariat:
The Secretariat provides administrative support to the UN and implements the decisions and policies of its
principal organs. It is headed by the Secretary-General, who is appointed by the General Assembly upon the
recommendation of the Security Council.
f. Specialized Agencies:
The UN system includes a network of specialized agencies, funds, and programs, such as the World Health
Organization (WHO), the United Nations Educational, Scientific and Cultural Organization (UNESCO), and
the United Nations Development Programme (UNDP). These agencies work on specific issues, such as
health, education, culture, and humanitarian assistance, to achieve the objectives of the UN.
3. Role of the United Nations in International Law:

The United Nations plays a central role in the development, promotion, and enforcement of international
law. Its Charter serves as a foundational document of modern international law and provides a framework
for the conduct of states and the resolution of disputes. The UN actively promotes adherence to
international legal norms and principles, including the prohibition of the use of force, respect for human
rights, and the peaceful settlement of disputes.
a. Treaties and Conventions:

The UN serves as a forum for negotiating and adopting international treaties and conventions on a wide
range of issues, such as disarmament, human rights, environmental protection, and trade. Treaties ratified
by member states become binding obligations under international law and contribute to the development
of customary norms and practices.
b. Peacekeeping and Conflict Resolution:
The UN deploys peacekeeping missions and diplomatic initiatives to resolve conflicts and maintain peace
and security in regions affected by armed conflict. Peacekeeping operations, authorized by the Security
Council, help stabilize volatile situations, protect civilians, and facilitate political dialogue and
reconciliation.
c. Human Rights and Humanitarian Assistance:
The UN promotes respect for human rights and provides humanitarian assistance to populations affected
by natural disasters, armed conflict, and other emergencies. It monitors human rights abuses, advocates for
the protection of vulnerable groups, and supports efforts to promote democracy, rule of law, and good
governance.
d. International Justice and Accountability:
The UN supports efforts to combat impunity for international crimes, such as genocide, war crimes, and
crimes against humanity. It collaborates with international tribunals, such as the International Criminal
Court (ICC) and ad hoc tribunals, to investigate and prosecute perpetrators of serious violations of
international law.
4. Example: Indian Engagement with the United Nations:

India has been actively engaged with the United Nations since its inception and has played a significant
role in shaping its policies and initiatives. As a founding member and a non-permanent member of the
Security Council, India has contributed to UN peacekeeping operations, participated in multilateral
negotiations, and advocated for the interests of developing countries.
Conclusion: The United Nations Organization serves as a vital institution in the maintenance of international
peace and security, promotion of sustainable development, protection of human rights, and advancement
of the rule of law. From an Indian perspective, the UN plays a crucial role in addressing global challenges
and advancing India's interests on the international stage. By upholding the principles of the UN Charter
and collaborating with other member states, India contributes to the collective efforts to build a more
peaceful, equitable, and sustainable world.
16.WHAT IS THE AGREEMENT ON RESCUE AND RETURN OF ASTRONAUTS?
The Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched
into Outer Space, commonly known as the "Rescue Agreement," is an international treaty aimed at ensuring
the prompt and safe rescue and return of astronauts in distress, as well as the return of space objects
launched into outer space. The agreement was adopted by the United Nations General Assembly on
December 19, 1967, and entered into force on December 3, 1968.
Key Provisions of the Rescue Agreement:

1. Rescue of Astronauts: The agreement obligates signatory states to take all possible measures to rescue
and provide assistance to astronauts who have landed on Earth as a result of their space mission and are in
distress or in imminent danger.
2. Return of Astronauts: Signatory states are required to promptly return astronauts to the launching
authority or to the country of nationality of the astronauts, following their rescue. This provision ensures
that astronauts are repatriated safely after their space mission.
3. Return of Space Objects: The agreement also addresses the return of space objects launched into outer
space. Signatory states are obligated to take all feasible measures to recover and return such objects to
the launching authority or the country of origin, upon request.
4. Cooperation and Coordination: The Rescue Agreement emphasizes the importance of international
cooperation and coordination in carrying out rescue and return operations. It encourages states to
exchange information and provide mutual assistance to facilitate the implementation of the agreement.
5. Notification Requirements: States are required to promptly inform the Secretary-General of the United
Nations and other relevant authorities of any space mission or launch that could result in the return of
astronauts or space objects to Earth.
6. Liability: The agreement establishes liability provisions for damages caused by space objects during their
return to Earth. It specifies that the launching state shall be liable for damages caused by its space objects
on the surface of the Earth or to aircraft in flight.
Significance:
The Rescue Agreement plays a crucial role in promoting the safety and well-being of astronauts and
ensuring the responsible conduct of space activities. By establishing clear guidelines for the rescue and
return of astronauts and space objects, the agreement contributes to the peaceful exploration and use of
outer space.
Example:The Rescue Agreement has been invoked in various instances of space missions, including the
Apollo missions conducted by NASA during the 1960s and 1970s. For example, during the Apollo 13 mission
in 1970, when an oxygen tank explosion threatened the lives of the astronauts onboard, the provisions of
the Rescue Agreement were taken into consideration in planning the safe return of the crew to Earth.
Conclusion:
In conclusion, the Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of
Objects Launched into Outer Space plays a crucial role in ensuring the safety and security of astronauts
and space activities. By establishing clear obligations for the rescue and return of astronauts and space
objects, the agreement promotes international cooperation and coordination in the exploration and use of
outer space.
7.WRITE ABOUT CONVENTION REGISTRATION OF SPACE OBJECT?
The Convention on Registration of Space Objects is an international treaty aimed at promoting

transparency and accountability in space activities by establishing a framework for the registration of
space objects launched into outer space. The convention was adopted by the United Nations General
Assembly on January 12, 1975, and entered into force on September 15, 1976. India, as a member of the
United Nations, is bound by the provisions of this convention and actively participates in its implementation.
Key Provisions of the Convention:

1. Registration Requirement:
The convention requires that states launching space objects must register them with a designated
national authority and provide essential information about the object, including its technical
characteristics, orbital parameters, and purpose of the mission. This registration process facilitates the
tracking and identification of space objects and helps prevent collisions or interference with other space
activities.
2. Designated National Authority:

Each state party to the convention is responsible for designating a national authority to oversee the
registration of space objects launched from its territory or by its nationals.
The national authority maintains a registry of space objects and ensures compliance with the registration
requirements under the convention.
3. Information to be Provided:
States launching space objects are required to provide detailed information about the object, including its
name or designation, date and location of launch, orbital parameters, and general function or purpose of
the object. This information is essential for the identification and tracking of space objects and for ensuring
compliance with international space law.
4. Updating of Registry:
The convention stipulates that the registry of space objects must be kept up-to-date, with any changes or
modifications to the registered objects promptly recorded by the national authority. This includes updates
to orbital parameters, changes in ownership or control of the space object, and the termination of the
object's mission.
5. Access to Registry Information:
The convention ensures that information contained in the registry of space objects is accessible to all
states and international organizations on a non-discriminatory basis. This transparency promotes
confidence-building measures and facilitates cooperation and coordination in space activities.
6. Liability for Damages:
The convention establishes liability provisions for damages caused by space objects, requiring the
launching state to indemnify other states for any damage or injury caused by its space activities. This
includes damage to property, injury to persons, or disruption of other space activities resulting from
collisions or re-entry of space debris.
Significance:
The Convention on Registration of Space Objects serves several important purposes in the regulation of
space activities:
- Transparency and Accountability: By requiring states to register space objects and provide detailed
information about their missions, the convention promotes transparency and accountability in space
activities, reducing the risk of misunderstandings or conflicts between states.
- Safety and Security: The registration of space objects enables more effective tracking and monitoring of
their movements, reducing the risk of collisions or interference with other space activities. This contributes
to the safety and security of space operations and helps protect critical space infrastructure.
- International Cooperation: The convention fosters international cooperation and collaboration in the
peaceful exploration and use of outer space by facilitating the exchange of information and promoting
confidence-building measures among states.
Example:
One notable example of the application of the Convention on Registration of Space Objects is the
registration of the International Space Station (ISS). The ISS, a collaborative project involving multiple
space agencies, including NASA, Roscosmos, ESA, JAXA, and CSA, is registered with the United States as
the designated launching state. The registration process ensures that the ISS is accurately tracked and
monitored by the international space community, promoting the safety and security of its operations.
Conclusion:The Convention on Registration of Space Objects plays a vital role in promoting transparency,
accountability, and safety in space activities. By establishing a framework for the registration of space
objects and the exchange of information among states, the convention contributes to the peaceful and
responsible use of outer space for the benefit of all humanity. India, as a member of the international
community, adheres to the provisions of this convention and actively participates in efforts to ensure the
responsible conduct of space activities.
LL.B. IV SEMESTER
PAPER-II
PUBLIC INTERNATIONAL LAW

PART C- QUESTION
1. State ‘A’ succeeded over the territory of state ‘B’.However there was international pressure on State ‘A’
to fullfill the obligations under treaties signed by former state ‘B’ State ‘A’ refused. Is the state justified
in doing so? . Decide
2. An individual after committing multiple murders on the territory of state ‘Z’ escaped to another state ‘Y’.
State ‘Y’ granted asylum to that person. Is it justified in doing so? Decide.
3. State ‘Z’ granted recognition to State ‘M’ on the basis of a condition it imposed on state ‘M’ that the
state would not adopt war as an instrument of national policy. However , that ‘M’ subsquently violated
the condition. Can the recognition be revolved?
4. Mr.’X’ was a clerk at Indian embassy in England. He was dismissed from the service on the charge of
stealing documents. On the same day , the Indian Ambassador waived his immunities in this respect. Mr.
‘X’ was arrested and tried. He claimed that being a servant of diplomatic envoy he was immuned from
the court proceedings. Whether he succeeds in this case? Give Reasons
5. Three indian fishermen involved in a case of alleged drug trafficking in Bangladesh . They were arrested
by the Bangladesh Navy. The Dhaka High Court awarded death penalty to the three Indian fishermen.
Now can Indian diplomatic envoys releaase three indian fishermen? Give reasons .
6. A team of israel military troop was on the ground in pakistan against the jihadis. Has Israel violated any
rule of International Law? Give Reasons.
7. The Diplomat of State ‘A’ was supplying weapons to a banned outfit in violation of local laws in State ‘B’.
Whe he was in the court , he claims diplomatic immunity . Can he succeed?
8. ‘X’ who is citizen of State ‘A’ while on a tour on the territory of state ‘B’ was killed by a mob during local
revolts. Examine the liability of state ‘B’.
9. ‘A’ an armed forces officer of state ‘X’ sold confidential documents to foreign agents and escaped to
state ‘Y’. Inspite of an extradition treaty between ‘X’ and ‘Y’ sates, ‘y’ state refused to extradite ‘A’ to ‘X’.
Discuss the legal position of extradition in above case.
10. ‘A’ and ‘B’ were the parties to a bilateral treaty. ‘A’ committed a breach of the treaty. What action can be
taken against ‘A’ state by the ‘B’ state for the breach of the treaty under the Vienna Convention on the
Law Of Treaties, 1969.
11. ‘X’ a diplomatic agent purchased a plot of land for his personal use but didn not pay purchase money to
the seller. Examin the liability of the diplomatic agent under the rules of International Law
12. State ‘’A’ was accorded recognition by State ‘B’ on the condition that it shall not impose any limitation
on its citizens based on their gender, caste and religion . State A violates this condition by passing a
Law to that effect. Can recognition given to state A be withdrawn by state B?
13. ‘A’ , a foreign citizen is inhyred in an unanticipated mob attack, in the country ‘X’. Can the ‘Y’ the country
to which A belong claim damages from ‘X’?
14. A boundary treaty is concluded between ‘X’ & ‘Y’. Later ‘Z’ succeeded ‘X’. Will ‘Z’ succeed to the
boundary treaty originally concluded between ‘X’ and ‘Y’?
15. ‘X’ sought extradition of ‘A’ who is accused of an offence in state ‘X’ but it is not an offence in state ‘Y’
to which ‘Y’ escaped . is extradition allowed?
16. A Diplomatic agent committed traffic offence. Can local court try him in the state where he is
functioning ?
17. ‘X’ , discovered an island. Its flag is hoisted there. Later after few years that state officials of ‘Y’ built an
official premises and began to administer the local people . ‘X’ contested that presence of ‘Y’ on the
island is illegal because the island belong to it. Decided?
LL.B. IV SEMESTER
PAPER-II
Public International Law PART C- QUESTION
19.Due to negligence of state ‘X’a chemical factory leaked lethal gas due to which two nationals of the
neighbouring state ‘Y’ died. Is ‘X’ liable?
20.‘X’ used to allow the ‘Y’ to show different line of demarcation of boundary line between ‘X’ and ‘Y’ though
according to their bilateral treaty the agreed boundary line was different. After many such years of
acquiescence ‘X’ objected. What could be the defence of ‘y’?
21.A spiritual leader of a community in a state ‘A’ was guilty of causing communal violence in that state.
Before his arrest he fled to a neighbouring state ‘B’ state ‘A’ initiated extradition proceedings with state ‘B’
for Extradition of leader. Decide.
22.State “p” got a criminal named ‘X’ extradited from state ‘R’ on the ground of murder. However ‘X’ gets
tried theft indead of murder by state ‘P’. is the act of state ‘P’ valid under international law?
23.A diplomatic agent from a foriegn country rented a home in India for personal use but did not pay rent to
the owner . Examine the liability of the diplomatic agent under international law.
1.State ‘A’ succeeded over the territory of state ‘B’.However there was international pressure on
State ‘A’ to fullfill the obligations under treaties signed by former state ‘B’ State ‘A’ refused. Is
the state justified in doing so? . Decide
Facts of the Case:
1. State 'A' succeeded over the territory of State 'B', acquiring sovereignty over the territory.
2. State 'A' is under international pressure to fulfill the obligations under treaties signed by former State
'B'.
3. State 'A' refuses to comply with the obligations under the treaties signed by State 'B'.
Issue in the Case:
Whether State 'A' is justified in refusing to fulfill the obligations under treaties signed by former State 'B'
after succeeding over its territory?
Principle:
1. Principle of State Succession: According to the principle of state succession in international law, when a
state ceases to exist or undergoes territorial changes, the successor state inherits the rights and
obligations of the predecessor state.
2. Continuity of Treaties: The principle of the continuity of treaties stipulates that treaties remain in force
even after a change in the territorial sovereignty of a state unless otherwise agreed upon by the parties or
provided for in the treaty itself.
3. Article 34 of the Vienna Convention on the Law of Treaties (VCLT): Article 34 of the VCLT provides that a
treaty does not automatically terminate upon a fundamental change of circumstances unless the parties
intended or agreed otherwise.
Judgement:
In the present case, State 'A' is not justified in refusing to fulfill the obligations under treaties signed by
former State 'B' after succeeding over its territory. The principle of state succession dictates that State 'A'
inherits the rights and obligations of former State 'B', including those arising from treaties. Additionally,
the principle of the continuity of treaties implies that treaties remain binding upon the successor state
unless otherwise agreed upon by the parties. Furthermore, Article 34 of the VCLT suggests that a
fundamental change in circumstances, such as a change in territorial sovereignty, does not automatically
terminate a treaty.
Therefore, State 'A' is legally obligated to fulfill the obligations under the treaties signed by former State
'B', notwithstanding any international pressure or objections.
Conclusion:
In conclusion, State 'A' is bound by the principles of state succession, continuity of treaties, and the
provisions of the Vienna Convention on the Law of Treaties. As the successor state, it is obliged to honor the
commitments and fulfill the obligations under treaties signed by former State 'B'. Refusal to do so would
contravene established principles of international law and treaty obligations.
2.An individual after committing multiple murders on the territory of state ‘Z’ escaped to
another state ‘Y’. State ‘Y’ granted asylum to that person. Is it justified in doing so? Decide.
Facts of the Case:
1. An individual committed multiple murders on the territory of State 'Z'.

2. The individual escaped to another state, State 'Y'.
3. State 'Y' granted asylum to the individual.
Issue in the Case:
Whether State 'Y' is justified in granting asylum to the individual who committed multiple murders on the
territory of State 'Z'?
Principle:
1. Principle of Extradition: The principle of extradition allows states to surrender individuals accused or
convicted of crimes to the requesting state for prosecution or punishment.
2. Principle of Non-Refoulement: The principle of non-refoulement prohibits states from returning

individuals to a country where they may face persecution or serious harm.
3. Article 33 of the Refugee Convention: Article 33 of the 1951 Refugee Convention prohibits states from
expelling or returning a refugee to a territory where their life or freedom would be threatened on account of
race, religion, nationality, membership in a particular social group, or political opinion.
Judgement:
In the present case, State 'Y' is not justified in granting asylum to the individual who committed multiple
murders on the territory of State 'Z'. The principle of extradition requires State 'Y' to cooperate with State
'Z' in surrendering the individual for prosecution or punishment. The crimes committed, such as multiple
murders, are serious offenses that warrant prosecution and cannot be justified under the principle of
asylum.
Furthermore, the principle of non-refoulement may not apply in this case as the individual is not considered
a refugee under the Refugee Convention. The crimes committed do not fall within the criteria of
persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
Moreover, granting asylum to the individual would undermine the administration of justice and the rule of
law. Allowing the individual to evade accountability for their crimes would set a dangerous precedent and
could potentially endanger the safety and security of society.
Therefore, State 'Y' should honor its obligations under international law and extradite the individual to
State 'Z' for prosecution or punishment.
Conclusion:
In conclusion, State 'Y' is not justified in granting asylum to the individual who committed multiple murders
on the territory of State 'Z'. The principle of extradition, non-refoulement, and the need for justice and
accountability necessitate cooperation between states in ensuring the prosecution of serious crimes.
Granting asylum in this case would contravene established principles of international law and undermine
the rule of law.
3.State ‘Z’ granted recognition to State ‘M’ on the basis of a condition it imposed on state ‘M’
that the state would not adopt war as an instrument of national policy. However , that ‘M’
subsquently violated the condition. Can the recognition be revolved?
Facts of the Case:
1. State 'Z' granted recognition to State 'M' based on a condition that State 'M' would not adopt war as an
instrument of national policy.
2. State 'M' subsequently violated the condition by engaging in acts of aggression or war.
3. State 'Z' seeks to revoke the recognition granted to State 'M' due to the violation of the imposed
condition.
Issue in the Case:

Whether State 'Z' can revoke the recognition granted to State 'M' based on the violation of the condition
regarding the use of war as an instrument of national policy?
Principle:
1. Principle of Conditional Recognition: The principle of conditional recognition allows a state to grant
recognition to another state based on certain conditions or criteria agreed upon by both parties.
2. Doctrine of Revocability: The doctrine of revocability states that recognition granted by a state to
another state can be revoked or withdrawn under certain circumstances, particularly if the recognized
state fails to fulfill the conditions on which the recognition was based.
3. Customary International Law: The practice of conditional recognition and revocation thereof is supported
by customary international law, as evidenced by state practice and opinio juris.
Analysis and Application:

In the present case, State 'Z' granted recognition to State 'M' on the condition that State 'M' would not
adopt war as an instrument of national policy. This condition reflects a legitimate concern of State 'Z'
regarding the maintenance of peace and stability in the region.
However, State 'M' violated the condition imposed by engaging in acts of aggression or war. Such actions
undermine the basis on which recognition was granted and contravene the principles of peaceful
coexistence and respect for international law.
According to the doctrine of revocability, recognition granted on a conditional basis can be revoked if the
recognized state fails to fulfill the conditions or criteria agreed upon. In this case, the violation of the
condition regarding the use of war as an instrument of national policy constitutes a material breach of the
terms of recognition.
Moreover, customary international law supports the principle of revocability, as evidenced by state practice
and opinio juris. States have historically exercised their right to revoke recognition in cases where the
recognized state has failed to meet the conditions on which recognition was granted.
Case Law Example:

One notable case that illustrates the principle of conditional recognition and revocation is the case of
Taiwan. Several states, including India, initially recognized Taiwan as the legitimate government of China
but later withdrew recognition and shifted diplomatic recognition to the People's Republic of China (PRC)
based on the condition of the One-China policy.
Conclusion:State 'Z' is justified in revoking the recognition granted to State 'M' based on the violation of
the condition regarding the use of war as an instrument of national policy. The doctrine of revocability,
supported by customary international law and state practice, allows for the withdrawal of recognition in
cases of material breach of the conditions on which recognition was granted. Revoking recognition in this
case is essential to uphold the principles of international law, promote peace and security, and ensure
accountability for violations of agreements between states.
4.Mr.’X’ was a clerk at Indian embassy in England. He was dismissed from the service on the
charge of stealing documents. On the same day , the Indian Ambassador waived his immunities
in this respect. Mr. ‘X’ was arrested and tried. He claimed that being a servant of diplomatic
envoy he was immuned from the court proceedings. Whether he succeeds in this case? Give
Reasons
Facts of the Case:

1. Mr. 'X' was employed as a clerk at the Indian embassy in England.
2. He was dismissed from service on the charge of stealing documents.
3. On the same day of his dismissal, the Indian Ambassador waived Mr. 'X's immunities in respect to the
charge.
4. Mr. 'X' was subsequently arrested and tried for the alleged theft.
5. During the trial, Mr. 'X' claimed immunity from court proceedings on the grounds of being a servant of a
diplomatic envoy.
Issue in the Case:

Whether Mr. 'X' succeeds in claiming immunity from court proceedings as a servant of a diplomatic envoy?
Principle:
1. Diplomatic Immunity: Diplomatic agents and certain categories of diplomatic personnel enjoy immunity
from the jurisdiction of the host state under the Vienna Convention on Diplomatic Relations (VCDR) of 1961.
2. Waiver of Immunity: Diplomatic immunity can be waived by the sending state or the head of the mission,
as provided for under Article 32 of the VCDR.
3. Scope of Immunity: Immunity under the VCDR generally applies to official acts performed in the course
of diplomatic duties, but it does not extend to private acts or crimes unrelated to official functions.
Judgement:
In the present case, Mr. 'X' does not succeed in claiming immunity from court proceedings despite his
employment at the Indian embassy and the initial grant of immunity by the Indian Ambassador. The waiver
of immunity by the Ambassador effectively removes any immunity previously enjoyed by Mr. 'X' in relation
to the charge of stealing documents.
Article 32 of the Vienna Convention on Diplomatic Relations provides the sending state or the head of the
mission with the authority to waive the immunity of diplomatic personnel. By waiving Mr. 'X's immunity, the
Indian Ambassador subjected him to the jurisdiction of the host state's courts regarding the alleged theft.
Furthermore, the scope of diplomatic immunity is limited to official acts performed in the course of
diplomatic duties. Stealing documents is not considered an official act or a function related to diplomatic
duties. Therefore, Mr. 'X' cannot claim immunity for his alleged criminal actions.
Case Law Example:

One relevant case is the 1989 case of Tachiona v. Republic of Zimbabwe, where the court ruled that
diplomatic immunity could be waived by the sending state, and the waiver applied retroactively to the time
of the alleged offense.
Conclusion:Mr. 'X' is not entitled to claim immunity from court proceedings for the alleged theft of
documents, despite his employment at the Indian embassy and the initial grant of immunity by the Indian
Ambassador. The waiver of immunity by the Ambassador and the nature of the offense as a private criminal
act unrelated to official duties negate Mr. 'X's claim to immunity. Therefore, he is subject to the jurisdiction
of the host state's courts for the criminal charges brought against him.
5.Three indian fishermen involved in a case of alleged drug trafficking in Bangladesh . They were
arrested by the Bangladesh Navy. The Dhaka High Court awarded death penalty to the three
Indian fishermen. Now can Indian diplomatic envoys releaase three indian fishermen? Give
reasons .
Facts of the Case:
1. Three Indian fishermen were involved in a case of alleged drug trafficking in Bangladesh.
2. They were arrested by the Bangladesh Navy for their alleged involvement in the drug trafficking.
3. The Dhaka High Court awarded death penalty to the three Indian fishermen for their involvement in the
crime.
Issue in the Case:

Whether Indian diplomatic envoys can release the three Indian fishermen who have been awarded death
penalty by the Dhaka High Court in Bangladesh?
Principle:
1. Principle of Diplomatic Protection: Diplomatic protection is a legal mechanism through which a state may
seek reparation for injury to its nationals in another state. It involves diplomatic intervention on behalf of
the nationals of the sending state.
2. International Obligations: States have an obligation to protect the rights and interests of their nationals
abroad, including ensuring fair treatment and due process in legal proceedings.
3. Vienna Convention on Consular Relations (VCCR): The VCCR provides for consular notification and access
for foreign nationals arrested or detained in a foreign state. Article 36 of the VCCR requires the detaining
state to inform the consular post of the sending state about the arrest or detention of its nationals.
Judgement:
In the present case, Indian diplomatic envoys may seek to intervene on behalf of the three Indian fishermen
who have been awarded death penalty by the Dhaka High Court in Bangladesh. This intervention would be
based on the principle of diplomatic protection and the obligation of states to protect the rights and
interests of their nationals abroad.
Under the Vienna Convention on Consular Relations, Bangladesh is obligated to inform the Indian consular
post about the arrest and legal proceedings against the Indian nationals. The Indian diplomatic envoys can
utilize this information to engage in diplomatic efforts to ensure fair treatment and due process for the
three Indian fishermen.
However, the release of the fishermen ultimately depends on the legal process and judicial system of
Bangladesh. Diplomatic intervention by Indian envoys can include advocating for fair trial guarantees,
ensuring access to legal representation, and providing assistance in the appeals process.
Case Law Example:

An illustrative case is the Avena case (Mexico v. United States) before the International Court of Justice,
where the court ruled that the United States had violated the VCCR by failing to inform arrested Mexican
nationals of their right to consular notification and access.
Conclusion:Indian diplomatic envoys can seek to release the three Indian fishermen who have been
awarded death penalty by the Dhaka High Court in Bangladesh through diplomatic intervention based on
the principle of diplomatic protection and the obligations under the Vienna Convention on Consular
Relations. While diplomatic efforts can advocate for fair treatment and due process, the release ultimately
depends on the legal process and judicial decisions of Bangladesh.
6.A team of israel military troop was on the ground in pakistan against the jihadis. Has Israel
violated any rule of International Law? Give Reasons.
Facts of the Case:

1. A team of Israeli military troops was present on the ground in Pakistan to combat jihadists.
Issue in the Case:

Whether Israel has violated any rule of International Law by deploying military troops on the ground in
Pakistan?
Principle:
1. Principle of Sovereignty: The principle of sovereignty is a fundamental tenet of international law, which
recognizes the exclusive authority of states over their territory and domestic affairs.
2. Prohibition of the Use of Force: The UN Charter prohibits the threat or use of force against the territorial
integrity or political independence of any state, except in cases of self-defense or when authorized by the
UN Security Council under Chapter VII.
3. Customary International Law: Customary international law also prohibits the unauthorized presence of
foreign military forces on the territory of another state without its consent.
Judgement:
In the present case, the deployment of Israeli military troops on the ground in Pakistan without the consent
of the Pakistani government constitutes a violation of the principles of sovereignty and the prohibition of
the use of force under international law.
The presence of foreign military forces on the territory of a sovereign state without authorization
constitutes a breach of that state's sovereignty and territorial integrity. This violation undermines the
fundamental principle of state sovereignty, which is recognized and respected by the international
community.
Furthermore, the deployment of Israeli military troops in Pakistan without the authorization of the UN
Security Council or a legitimate claim of self-defense is inconsistent with the provisions of the UN Charter,
which prohibit the unauthorized use of force against other states.
Case Law Example:

One relevant case is the Nicaragua v. United States case before the International Court of Justice (ICJ),
where the court held that the United States had violated international law by supporting armed groups and
military activities in Nicaragua without its consent.
Conclusion:
In conclusion, the deployment of Israeli military troops on the ground in Pakistan without the consent of the
Pakistani government constitutes a violation of the principles of sovereignty, the prohibition of the use of
force, and customary international law. Such actions undermine the legal order established by the
international community to maintain peace and security among states.
7.The Diplomat of State ‘A’ was supplying weapons to a banned outfit in violation of local laws in
State ‘B’. Whe he was in the court , he claims diplomatic immunity . Can he succeed?
Facts of the Case:
1. The diplomat of State 'A' was involved in supplying weapons to a banned outfit in State 'B'.
2. He was apprehended and brought to court in State 'B' for violating local laws.
3. During the court proceedings, the diplomat claims diplomatic immunity to avoid prosecution.
Issue in the Case:
Whether the diplomat of State 'A' can succeed in claiming diplomatic immunity to avoid prosecution for
violating local laws in State 'B'?
Principle:
1. Principle of Diplomatic Immunity: Diplomatic immunity is a principle of international law that grants
certain privileges and immunities to diplomats, including immunity from legal jurisdiction and prosecution
in the host state.
2. Vienna Convention on Diplomatic Relations (VCDR): The VCDR of 1961 codifies the rules and principles
regarding diplomatic immunity. Article 31 of the VCDR grants diplomats immunity from the criminal
jurisdiction of the host state for acts performed in their official capacity.
3. Exceptions to Diplomatic Immunity: Diplomatic immunity is not absolute and may be waived by the
sending state or may not apply to acts performed outside the scope of official duties.
Judgement:
In the present case, the diplomat of State 'A' may not succeed in claiming diplomatic immunity to avoid
prosecution for supplying weapons to a banned outfit in State 'B'. While diplomatic immunity is generally
recognized under international law, it does not extend to criminal acts committed outside the scope of
official duties.
Article 31 of the Vienna Convention on Diplomatic Relations grants immunity to diplomats for acts
performed in their official capacity. However, supplying weapons to a banned outfit is not considered an
official duty or function of a diplomat.
Furthermore, the principle of diplomatic immunity is not absolute and may be waived by the sending state.
In cases where a diplomat has engaged in criminal activities, the sending state may choose to waive
immunity and allow the diplomat to face prosecution in the host state.
Case Law Example:

An illustrative case is the case of Republic of Congo v. France before the International Court of Justice (ICJ),
where the court held that diplomatic immunity does not apply to criminal acts committed outside the scope
of official duties.
Conclusion:The diplomat of State 'A' is unlikely to succeed in claiming diplomatic immunity to avoid
prosecution for supplying weapons to a banned outfit in State 'B'. Acts committed outside the scope of
official duties are not covered by diplomatic immunity, and the sending state may choose to waive immunity
in cases of criminal conduct. Therefore, the diplomat may be subject to prosecution in accordance with
local laws in State 'B'.
8.‘X’ who is citizen of State ‘A’ while on a tour on the territory of state ‘B’ was killed by a mob
during local revolts. Examine the liability of state ‘B’.
Facts of the Case:

1. 'X', a citizen of State 'A', was on a tour in the territory of State 'B'.
2. 'X' was killed by a mob during local revolts that occurred in State 'B'.
Issue in the Case:

Examine the liability of State 'B' for the death of 'X', a citizen of State 'A', who was killed by a mob during
local revolts on its territory.
Principle:
1. Principle of State Responsibility: Under international law, states may be held responsible for wrongful
acts or omissions that result in injury or harm to individuals or other states.
2. Duty to Protect: States have a duty to take reasonable measures to protect the life, liberty, and security
of individuals within their territory, regardless of nationality.
3. Due Diligence Standard: States are expected to exercise due diligence in preventing foreseeable harm to
individuals within their jurisdiction, including protection from violence or harm caused by third parties.
Judgement:
In the present case, the liability of State 'B' for the death of 'X' would depend on several factors, including
whether the state failed to fulfill its duty to protect 'X' from harm during the local revolts.
If it can be established that State 'B' failed to take reasonable measures to prevent or mitigate the risk of
harm to 'X' during the local revolts, despite being aware of the potential danger, then the state may be held
responsible for 'X's death.
Under the principle of state responsibility, State 'B' has an obligation to exercise due diligence in
protecting the lives of individuals within its territory, regardless of their nationality. If the state's failure to
fulfill this obligation directly contributed to 'X's death, it may be held liable for the consequences.
However, if State 'B' can demonstrate that it took reasonable and appropriate measures to address the
local revolts and protect individuals within its territory, but 'X's death occurred despite these efforts due to
unforeseeable circumstances or the actions of an uncontrollable mob, then the state's liability may be
mitigated.
Case Law Example:

An illustrative case is the case of LaGrand (Germany v. United States) before the International Court of
Justice (ICJ), where the court held that a state may be responsible for the death of a foreign national if it
fails to provide adequate protection and safeguards to individuals within its jurisdiction.
Conclusion:
In conclusion, the liability of State 'B' for the death of 'X', a citizen of State 'A', who was killed by a mob
during local revolts on its territory, would depend on whether the state failed to fulfill its duty to protect 'X'
from harm and whether its actions or omissions directly contributed to 'X's death. If it can be established
that State 'B' breached its duty of due diligence in protecting 'X', then the state may be held responsible for
'X's death under the principle of state responsibility.
9.‘A’ an armed forces officer of state ‘X’ sold confidential documents to foreign agents and escaped to
state ‘Y’. Inspite of an extradition treaty between ‘X’ and ‘Y’ sates, ‘y’ state refused to extradite ‘A’ to ‘X’.
Discuss the legal position of extradition in above case.
Facts of the Case:
1. 'A', an armed forces officer of State 'X', sold confidential documents to foreign agents.
2. 'A' escaped to State 'Y' to avoid prosecution in State 'X'.
3. Despite the existence of an extradition treaty between States 'X' and 'Y', State 'Y' refused to extradite 'A'
to State 'X'.
Issue in the Case:

Discuss the legal position of extradition in the above case where 'A', a military officer of State 'X', sold
confidential documents to foreign agents, escaped to State 'Y', and State 'Y' refused to extradite him to
State 'X' despite the existence of an extradition treaty.
Principle:
1. Principle of Extradition: Extradition is the legal process by which one state surrenders a fugitive or
accused individual to another state for prosecution or punishment.
2. Extradition Treaty: Extradition treaties are bilateral or multilateral agreements between states that
establish the legal framework for extradition, including the offenses for which extradition may be granted
and the procedures to be followed.
3. Doctrine of Non-Extradition for Political Offenses: Many extradition treaties and national laws include
exceptions for political offenses, where individuals may not be extradited for offenses considered to be of a
political nature.
Judgement:
In the present case, the legal position of extradition depends on various factors, including the provisions of
the extradition treaty between States 'X' and 'Y' and any exceptions or limitations therein.
If the extradition treaty between the two states does not include exceptions for political offenses and 'A's
actions are considered to be criminal rather than political, then State 'Y' would be obligated to extradite 'A'
to State 'X' for prosecution.
However, if 'A's actions are deemed to be political offenses under the extradition treaty or national laws of
State 'Y', then State 'Y' may refuse extradition on the grounds of the political offense exception.
Additionally, State 'Y' may refuse extradition if it believes that 'A' would face the risk of torture, cruel, or
inhuman treatment in State 'X', as extradition treaties and international law often prohibit extradition in
such cases.
Case Law Example:

An illustrative case is the case of Assange v. Sweden, where the United Kingdom Supreme Court ruled that
Julian Assange could be extradited to Sweden to face charges of sexual assault, despite his claim that the
extradition would violate his human rights.
Conclusion: The legal position of extradition in the case of 'A', a military officer of State 'X', who sold
confidential documents and escaped to State 'Y', depends on the provisions of the extradition treaty
between the two states, any exceptions or limitations therein, and considerations of human rights and
political offenses. If 'A's actions do not fall within the exceptions for political offenses and extradition
would not violate his human rights, then State 'Y' would be obligated to extradite 'A' to State 'X' for
prosecution.
10.‘A’ and ‘B’ were the parties to a bilateral treaty. ‘A’ committed a breach of the treaty. What action can be
taken against ‘A’ state by the ‘B’ state for the breach of the treaty under the Vienna Convention on the Law
Of Treaties, 1969.
Facts of the Case:

1. 'A' and 'B' are parties to a bilateral treaty.
2. 'A' commits a breach of the treaty, violating its obligations under the agreement.
Issue in the Case:

What action can be taken against 'A' state by the 'B' state for the breach of the treaty under the Vienna
Convention on the Law Of Treaties, 1969?
Principle:
1. Principle of Treaty Obligations: Under the Vienna Convention on the Law of Treaties (VCLT), states are
bound to fulfill their obligations under treaties in good faith.
2. Remedies for Breach: The VCLT provides various remedies for breaches of treaties, including termination
or suspension of the treaty, countermeasures, and seeking reparation or compensation.
3. Countermeasures: According to Article 49 of the VCLT, a state may take countermeasures against
another state in response to its breach of an international obligation, including a treaty obligation.
However, countermeasures must be proportionate to the injury suffered and not involve the use of force.
Judgement:
In the present case, 'B' state can take several actions against 'A' state for the breach of the bilateral treaty
under the Vienna Convention on the Law Of Treaties, 1969.
1. Termination or Suspension of the Treaty: 'B' state may choose to terminate or suspend the treaty in
response to 'A's breach, thereby relieving itself of further obligations under the agreement. However,
termination or suspension must be done in accordance with the provisions of the treaty or international law.
2. Countermeasures: 'B' state may also take countermeasures against 'A' state to induce compliance with
the treaty obligations. These countermeasures could include diplomatic actions, economic sanctions, or
other measures aimed at pressuring 'A' state to fulfill its obligations under the treaty.
3. Seeking Reparation or Compensation: 'B' state may seek reparation or compensation from 'A' state for
the harm or damage caused by the breach of the treaty. This could involve diplomatic negotiations or
recourse to international dispute settlement mechanisms, such as arbitration or adjudication.
Case Law Example:

An illustrative case is the case of Gabčíkovo-Nagymaros Project (Hungary/Slovakia) before the
International Court of Justice, where the court addressed issues of treaty breach and remedies under
international law.
Conclusion:
In conclusion, 'B' state has several options for responding to 'A's breach of the bilateral treaty under the
Vienna Convention on the Law Of Treaties, 1969. These may include terminating or suspending the treaty,
taking countermeasures, or seeking reparation or compensation for the harm caused by the breach. The
choice of action will depend on the nature and severity of the breach, as well as the desired outcome for 'B'
state.
11.‘X’ a diplomatic agent purchased a plot of land for his personal use but did not pay purchase money to the
seller. Examine the liability of the diplomatic agent under the rules of International Law
Facts of the Case:

1. 'X', a diplomatic agent, purchased a plot of land for his personal use.
2. However, 'X' did not pay the purchase money to the seller.
Issue in the Case:

Examine the liability of the diplomatic agent 'X' under the rules of International Law for not paying the
purchase money to the seller after purchasing a plot of land for his personal use.
Principle:
1. Principle of Diplomatic Immunity: Diplomatic agents enjoy immunity from the jurisdiction of the receiving
state for their official acts but are not immune from their personal and private acts.
2. Principle of Personal Liability: Diplomatic agents may be held personally liable for their actions, including
contractual obligations, undertaken in their private capacity.
3. Vienna Convention on Diplomatic Relations (VCDR): Article 31 of the VCDR provides that a diplomatic
agent shall enjoy immunity from the criminal jurisdiction of the receiving state, except in the case of
actions relating to private immovable property situated in the territory of the receiving state.
Judgement:
In the present case, 'X', being a diplomatic agent, may not enjoy immunity for actions related to his private
immovable property, such as the purchase of a plot of land for personal use. Therefore, 'X' could be held
personally liable for failing to pay the purchase money to the seller.
Under the rules of International Law, diplomatic agents are expected to fulfill their contractual obligations
like any other individual, and their diplomatic status does not shield them from personal liabilities arising
from such contracts.
Case Law Example:

An illustrative case is the case of Rafiq v. Middletown, where a diplomatic agent was held personally liable
for a breach of contract related to the purchase of property for personal use.
Conclusion:
In conclusion, 'X', as a diplomatic agent, may be liable under the rules of International Law for not paying
the purchase money to the seller after purchasing a plot of land for personal use. Despite enjoying
immunity for official acts, diplomatic agents are not immune from their personal and private obligations,
including contractual liabilities. Therefore, 'X' could be subject to legal action for failing to fulfill his
contractual obligation to pay the purchase money to the seller.
10.State ‘’A’ was accorded recognition by State ‘B’ on the condition that it shall not impose any limitation on
its citizens based on their gender, caste and religion . State A violates this condition by passing a Law to
that effect. Can recognition given to state A be withdrawn by state B?
Facts of the Case:
1. State 'A' was accorded recognition by State 'B' on the condition that it shall not impose any limitation on
its citizens based on their gender, caste, and religion.
2. However, State 'A' violates this condition by passing a law that imposes limitations on its citizens based
on gender, caste, and religion.
Issue in the Case:

Can recognition given to State 'A' be withdrawn by State 'B' due to State 'A's violation of the condition
imposed regarding limitations on its citizens based on gender, caste, and religion?
Principle:
1. Principle of Recognition: Recognition is an acknowledgment by one state of the existence of another
state and its government.
2. Conditionality of Recognition: Recognition may be accorded subject to conditions agreed upon between
the recognizing state and the recognized state.
3. Breach of Conditions: If the recognized state breaches the conditions upon which recognition was
granted, the recognizing state may withdraw or revoke its recognition.
Judgement:
In the present case, State 'A' was accorded recognition by State 'B' on the condition that it shall not impose
any limitation on its citizens based on their gender, caste, and religion. However, State 'A' violates this
condition by passing a law that imposes limitations based on gender, caste, and religion.
Under international law, State 'B' has the right to withdraw or revoke its recognition of State 'A' due to the
breach of the condition imposed. By violating the conditionality of recognition, State 'A' has failed to fulfill
its obligations under the agreement with State 'B'. As a result, State 'B' may choose to withdraw its
recognition of State 'A'.
Case Law Example:

An illustrative case is the case of Kuwait Airways Corporation v. Iraq Airways Company, where Kuwait
withdrew its recognition of Iraq following Iraq's invasion and occupation of Kuwait in violation of
international law.
Conclusion:
In conclusion, State 'B' has the legal right to withdraw its recognition of State 'A' due to State 'A's breach
of the conditionality imposed regarding limitations on its citizens based on gender, caste, and religion. By
violating this condition, State 'A' has failed to uphold its obligations under the agreement with State 'B',
thereby justifying the withdrawal of recognition by State 'B'.
11.‘A’ , a foreign citizen is inhered in an unanticipated mob attack, in the country ‘X’. Can the ‘Y’ the country
to which A belong claim damages from ‘X’?
Facts of the Case:

1. 'A', a foreign citizen, is injured in an unanticipated mob attack in the country 'X'.
2. 'Y' is the country to which 'A' belongs.
Issue in the Case:

Can 'Y', the country to which 'A' belongs, claim damages from 'X' due to the injuries sustained by 'A' in the
mob attack?
Principle:
1. Principle of State Responsibility: States are responsible for internationally wrongful acts that result in
harm to another state or its nationals.
2. Due Diligence: States are required to exercise due diligence in preventing harm to foreign nationals
within their territory and ensuring their safety and security.
3. Diplomatic Protection: States have the right to diplomatically protect their nationals abroad and seek
redress for any harm or injury they suffer.
Judgement:
In the present case, 'A', a foreign citizen, suffered injuries in an unanticipated mob attack in the country 'X'.
As per the principle of state responsibility, 'X' may be held responsible for failing to ensure the safety and
security of foreign nationals within its territory. 'Y', the country to which 'A' belongs, can claim damages
from 'X' for the injuries sustained by 'A' during the mob attack.
Under international law, 'Y' can invoke diplomatic protection on behalf of 'A' and seek redress from 'X' for
the harm suffered by its national. 'X' has a duty to exercise due diligence in preventing such attacks and
ensuring the safety of all individuals within its territory, including foreign nationals.
Case Law Example:

An illustrative case is the case of Barcelona Traction, Light and Power Company, Limited (Belgium v. Spain),
where the International Court of Justice recognized the right of a state to bring an international claim on
behalf of its nationals for injuries suffered abroad.
Conclusion:
In conclusion, 'Y', the country to which 'A' belongs, can claim damages from 'X' for the injuries sustained by
'A' in the unanticipated mob attack in 'X'. 'X' has a duty to ensure the safety and security of all individuals
within its territory, including foreign nationals, and may be held responsible for any harm caused due to its
failure to fulfill this obligation. Therefore, 'Y' has a legal basis to seek redress for the injuries suffered by its
national 'A' from 'X'.
12.A boundary treaty is concluded between ‘X’ & ‘Y’. Later ‘Z’ succeeded ‘X’. Will ‘Z’ succeed to
the boundary treaty originally concluded between ‘X’ and ‘Y’?
Facts of the Case:

1. A boundary treaty is concluded between 'X' and 'Y'.
2. Subsequently, 'Z' succeeds 'X'.
Issue in the Case:

Will 'Z' succeed to the boundary treaty originally concluded between 'X' and 'Y'?
Principle:
1. Principle of State Succession: State succession refers to the process by which one state replaces another
in the responsibility for the international relations of a territory.
2. Continuity of Treaties: Generally, treaties concluded by a predecessor state continue in force for the
successor state unless there is an explicit agreement between the parties to terminate or modify the
treaty.
3. Vienna Convention on Succession of States in Respect of Treaties (VCSST): According to Article 34 of
the VCSST, unless otherwise agreed upon by the parties, a succession of states does not affect the validity
of treaties concluded between the predecessor state and other states.
Judgement:
In the present case, 'Z' succeeds 'X' as a state. Generally, under the principle of state succession, treaties
concluded by 'X', including the boundary treaty with 'Y', would continue in force for 'Z' unless there is an
explicit agreement between 'X' and 'Y' to terminate or modify the treaty upon succession.
According to the Vienna Convention on Succession of States in Respect of Treaties (VCSST), the
succession of states does not affect the validity of treaties concluded between the predecessor state ('X')
and other states ('Y'), unless otherwise agreed upon by the parties.
Therefore, unless 'Z' and 'Y' explicitly agree to terminate or modify the boundary treaty, 'Z' would succeed
to the treaty originally concluded between 'X' and 'Y', and the treaty would continue in force for 'Z'.
Conclusion:
In conclusion, 'Z' would generally succeed to the boundary treaty originally concluded between 'X' and 'Y'
unless there is an explicit agreement between 'X' and 'Y' to terminate or modify the treaty upon succession.
The principle of continuity of treaties and the provisions of the Vienna Convention on Succession of States
in Respect of Treaties support the continuation of the treaty for 'Z' unless otherwise agreed upon by the
parties involved.
13.X’ sought extradition of ‘A’ who is accused of an offence in state ‘X’ but it is not an offence in
state ‘Y’ to which ‘Y’ escaped . is extradition allowed?
Facts of the Case:

1. 'X' seeks the extradition of 'A', who is accused of an offense in state 'X'.
2. The offense for which 'A' is accused is not considered an offense in state 'Y', to which 'A' escaped.
Issue in the Case:

Is extradition allowed when the offense for which 'A' is accused is not considered an offense in state 'Y', to
which 'A' escaped?
Principle:
1. Principle of Double Criminality: Extradition typically requires that the offense for which extradition is
sought is considered a criminal offense in both the requesting state ('X') and the requested state ('Y').
2. Legal Provisions: Most extradition treaties and laws require the principle of double criminality to be met
for extradition to be allowed.
Judgement:
In the present case, 'X' seeks the extradition of 'A' for an offense allegedly committed in state 'X'. However,
the offense may not be considered an offense in state 'Y', where 'A' has escaped.
According to the principle of double criminality, extradition may not be allowed in this scenario. Since the
offense for which 'A' is accused is not recognized as a crime in state 'Y', 'Y' may refuse to extradite 'A' to 'X'.
Case Law Example:

An illustrative case is the case of Assange v. The Swedish Prosecution Authority, where the United
Kingdom refused to extradite Julian Assange to Sweden because the offense for which extradition was
sought did not meet the principle of double criminality.
Conclusion:
In conclusion, extradition may not be allowed in the present case if the offense for which 'A' is accused is
not considered a criminal offense in state 'Y'. The principle of double criminality typically requires that the
offense be recognized as a crime in both the requesting and requested states for extradition to be allowed.
Therefore, if the offense does not meet this requirement, 'Y' may refuse to extradite 'A' to 'X'.
14.A Diplomatic agent committed traffic offence. Can local court try him in the state where he is
functioning ?
Facts of the Case:
1. A diplomatic agent committed a traffic offense.
2. The offense occurred in the state where the diplomatic agent is functioning.
Issue in the Case:

Can the local court try the diplomatic agent in the state where he is functioning?
Principle:
1. Diplomatic Immunity: Diplomatic agents enjoy immunity from the jurisdiction of local courts in the state
where they are functioning, as per the Vienna Convention on Diplomatic Relations (VCDR) of 1961.
2. Article 31 of VCDR: Article 31 of the VCDR provides immunity from the criminal jurisdiction of the
receiving state for diplomatic agents, except in cases involving their official acts performed outside their
official functions.
Judgement:
In the present case, the diplomatic agent committed a traffic offense in the state where he is functioning.
As per the principle of diplomatic immunity enshrined in the Vienna Convention on Diplomatic Relations
(VCDR), the local court cannot try the diplomatic agent for the offense.
Article 31 of the VCDR grants diplomatic agents immunity from the criminal jurisdiction of the receiving
state, except in cases involving their official acts performed outside their official functions. Since a traffic
offense does not fall under the category of official acts performed outside official functions, the diplomatic
agent is entitled to immunity from prosecution by the local court.
Case Law Example:

An illustrative case is the case of United States v. Benitez, where the United States District Court dismissed
charges against a diplomatic agent who was accused of a traffic offense, citing diplomatic immunity.
Conclusion:
In conclusion, the local court cannot try the diplomatic agent for the traffic offense committed in the state
where he is functioning. Diplomatic agents enjoy immunity from the jurisdiction of local courts as per the
Vienna Convention on Diplomatic Relations (VCDR), unless the offense involves their official acts performed
outside their official functions. Therefore, the diplomatic agent in this case is protected from prosecution
by the local court due to diplomatic immunity.
15.‘X’ , discovered an island. Its flag is hoisted there. Later after few years that state officials of ‘Y’ built an
official premises and began to administer the local people . ‘X’ contested that presence of ‘Y’ on the island
is illegal because the island belong to it. Decided?
Facts of the Case:
1. 'X' discovered an uninhabited island and hoisted its flag there.
2. After a few years, state officials of 'Y' built an official premises on the island and began administering
the local people.
3. 'X' contests the presence of 'Y' on the island, claiming that it belongs to 'X'.
Issue in the Case:

Is the presence of 'Y' on the island illegal, and does the island belong to 'X'?
Principle:
1. Principle of Territorial Sovereignty: The principle of territorial sovereignty asserts that states have
exclusive authority and control over their territory and territorial waters.
2. Doctrine of Effective Occupation: The Doctrine of Effective Occupation states that the mere discovery of
territory is not sufficient to establish sovereignty; there must also be effective occupation and
administration of the territory.
3. Case Law Example: In the case of Island of Palmas (or Miangas) Arbitration (1928), the tribunal ruled that
sovereignty over territory is established by continuous and peaceful display of authority and effective
occupation.
Judgement:
In the present case, 'X' discovered the uninhabited island and hoisted its flag there, indicating an assertion
of sovereignty. However, the mere act of discovery does not establish sovereignty; there must be effective
occupation and administration of the territory. If 'Y' has built an official premises and begun administering
the local people on the island, it suggests effective occupation and control by 'Y'.
According to the Doctrine of Effective Occupation and the principle of territorial sovereignty, the presence
of 'Y' on the island would not be considered illegal if 'Y' has effectively occupied and administered the
territory. 'X' may contest the presence of 'Y' and claim sovereignty, but it would require evidence of
effective occupation and administration on the part of 'X'.
Conclusion:
In conclusion, the legality of 'Y's presence on the island depends on whether it has effectively occupied and
administered the territory. Mere discovery by 'X' is not sufficient to establish sovereignty; there must be
evidence of effective occupation. 'X' may contest 'Y's presence and claim sovereignty, but it would require
demonstrating effective occupation and administration of the island.
16.Due to negligence of state ‘X’a chemical factory leaked lethal gas due to which two nationals
of the neighbouring state ‘Y’ died. Is ‘X’ liable?
Facts of the Case:
1. Due to negligence, a chemical factory in state 'X' leaked lethal gas.
2. As a result of the gas leak, two nationals of the neighboring state 'Y' died.
Issue in the Case:

Is state 'X' liable for the deaths caused by the gas leak due to its negligence?
Principle:
1. Principle of State Responsibility: States are responsible for their actions and omissions that cause harm
to other states or their nationals.
2. Principle of Due Diligence: States are required to exercise due diligence in preventing harm to other
states or their nationals, including preventing environmental disasters caused by their activities.
3. Principle of Environmental Responsibility: States have an obligation to prevent environmental harm
caused by their activities, including industrial operations.
4. Case Law Example: In the case of Trail Smelter Arbitration (1941), the United States and Canada
addressed transboundary pollution caused by a smelter in Canada, establishing principles of environmental
responsibility and liability for cross-border harm.
Judgement:
In the present case, the gas leak from the chemical factory in state 'X' resulted in the deaths of two
nationals of neighboring state 'Y'. The leak occurred due to negligence on the part of state 'X' in managing
the operations of the chemical factory.
As per the principle of state responsibility, state 'X' is liable for the harm caused by the gas leak to state 'Y'
and its nationals. States have a duty to exercise due diligence in preventing harm to neighboring states or
their nationals, including preventing environmental disasters caused by their activities. The failure of state
'X' to prevent the gas leak constitutes a breach of this duty.
Conclusion:
In conclusion, state 'X' is liable for the deaths caused by the gas leak due to its negligence. The principle of
state responsibility holds states accountable for harm caused by their actions or omissions, and state 'X'
breached its duty to prevent harm to neighboring state 'Y' and its nationals. Therefore, state 'X' is legally
responsible for the consequences of the gas leak.
17.X’ used to allow the ‘Y’ to show different line of demarcation of boundary line between ‘X’ and
‘Y’ though according to their bilateral treaty the agreed boundary line was different. After many
such years of acquiescence ‘X’ objected. What could be the defence of ‘y’?
Facts of the Case:
1. State 'X' and State 'Y' have a bilateral treaty that establishes a specific boundary line between them.
2. However, over the years, State 'X' has allowed State 'Y' to show a different line of demarcation as the
boundary line between them through various actions.
3. After many years of acquiescence, State 'X' suddenly objects to the previously agreed-upon boundary
line.
Issue in the Case:

What could be the defense of State 'Y' against State 'X's objection after years of acquiescence to a
different boundary line?
Principle:
1. Principle of Acquiescence: Acquiescence occurs when one state knowingly and consistently accepts or
allows another state's actions or assertions over a period of time without objection. It can lead to the
creation of legal rights or the waiver of legal claims.
2. Principle of Estoppel: Estoppel prevents a party from asserting a claim or defense that is inconsistent
with its previous conduct if such assertion would result in injustice or detriment to the other party.
3. Case Law Example: In the case of Frontier Dispute (Burkina Faso/Mali), the International Court of Justice
(ICJ) recognized the principle of estoppel and stated that a state's conduct may lead to the creation of legal
rights or the waiver of legal claims.
Judgement:
In the present case, State 'X' has allowed State 'Y' to show a different line of demarcation as the boundary
line between them for many years, indicating acquiescence to this line. State 'Y' may argue that it relied on
State 'X's actions and assertions over the years and adjusted its conduct accordingly. As a result, State 'Y'
could claim that State 'X' is estopped from objecting to the previously agreed-upon boundary line.
The principle of estoppel may prevent State 'X' from asserting its objection to the boundary line after years
of acquiescence. State 'Y' may argue that it would be unjust or detrimental for State 'X' to suddenly change
its position, especially after State 'Y' has relied on State 'X's conduct.
Conclusion:
In conclusion, State 'Y' may defend against State 'X's objection by invoking the principles of acquiescence
and estoppel. State 'Y' may argue that State 'X' knowingly allowed the different boundary line to be shown
and adjusted its conduct accordingly, and therefore State 'X' should be estopped from objecting to it now.
18.A spiritual leader of a community in a state ‘A’ was guilty of causing communal violence in
that state. Before his arrest he fled to a neighbouring state ‘B’ state ‘A’ initiated extradition
proceedings with state ‘B’ for Extradition of leader. Decide.
Facts of the Case:

1. A spiritual leader of a community in State 'A' was involved in causing communal violence in that state.
2. Before his arrest could be made, the spiritual leader fled to neighboring State 'B'.
3. State 'A' initiated extradition proceedings with State 'B' to extradite the spiritual leader.
Issue in the Case:

Should State 'B' extradite the spiritual leader to State 'A' to face charges related to communal violence?
Principle:
1. Principle of Extradition: Extradition is the legal process by which one state surrenders a suspected or
convicted criminal to another state for prosecution or punishment.
2. Principle of Dual Criminality: Extradition typically requires that the offense for which extradition is
requested is recognized as a crime in both the requesting and requested states.
3. Principle of Non-Refoulement: This principle prohibits the extradition of an individual to a state where
they may face persecution, torture, or other violations of their human rights.
4. Bilateral Extradition Treaties: Many states have bilateral extradition treaties governing the process of
extradition between them.
Judgement:
In the present case, State 'A' has initiated extradition proceedings with State 'B' to extradite the spiritual
leader involved in communal violence. State 'B' should consider the extradition request in accordance with
its domestic laws and any applicable bilateral extradition treaties.
State 'B' may assess whether the offense for which extradition is requested is recognized as a crime in both
State 'A' and State 'B', applying the principle of dual criminality. If the offense meets this requirement and
if there are no legal or humanitarian reasons to deny extradition, State 'B' may grant the extradition
request.
However, State 'B' should also consider the principle of non-refoulement, ensuring that the spiritual leader
will not face persecution, torture, or other human rights violations upon extradition to State 'A'.
Conclusion:
In conclusion, State 'B' should carefully evaluate the extradition request from State 'A' based on the
principles of extradition, dual criminality, and non-refoulement. If the extradition request meets the legal
requirements and there are no humanitarian concerns, State 'B' may extradite the spiritual leader to State
'A' to face charges related to communal violence.
19.State “p” got a criminal named ‘X’ extradited from state ‘R’ on the ground of murder. However ‘X’ gets
tried theft indead of murder by state ‘P’. is the act of state ‘P’ valid under international law?
Facts of the Case:
1. State "P" extradited a criminal named 'X' from State 'R' on the grounds of murder.
2. However, upon extradition to State "P", 'X' was tried for theft instead of murder.
Issue in the Case:

Is the act of State "P" valid under international law when it tried 'X' for theft instead of the offense (murder)
for which he was extradited from State 'R'?
Principle:
1. Principle of Specialty: The principle of specialty is a fundamental principle of extradition law. It states
that a person who has been extradited can only be prosecuted or punished for the offenses for which
extradition was granted.
2. Principle of Extradition Treaties: Many extradition treaties include provisions related to the principle of
specialty, specifying that the extradited individual may only be tried for the offenses for which extradition
was granted.
3. Customary International Law: The principle of specialty is also recognized as a customary norm in
international law, even in the absence of specific treaty provisions.
Judgement:
In the present case, State "P" violated the principle of specialty by trying 'X' for theft instead of the offense
(murder) for which he was extradited from State 'R'.
The act of trying 'X' for a different offense than the one for which he was extradited constitutes a breach of
international law, as it goes against the principle of specialty. State "P" had a legal obligation to adhere to
the terms of the extradition and prosecute 'X' only for the offense (murder) for which extradition was
granted.
Conclusion:
State "P" acted unlawfully by trying 'X' for theft instead of murder, the offense for which he was extradited
from State 'R'. This violation of the principle of specialty constitutes a breach of international law. As per
international legal norms, 'X' should have been prosecuted only for the offense for which he was extradited,
and State "P" should be held accountable for failing to adhere to this principle.
20.A diplomatic agent from a foreign country rented a home in India for personal use but did not
pay rent to the owner . Examine the liability of the diplomatic agent under international law.
Facts of the Case:

1. A diplomatic agent from a foreign country rented a home in India for personal use.
2. The diplomatic agent did not pay rent to the owner of the home.
Issue in the Case:

What is the liability of the diplomatic agent under international law for not paying rent for the rented home
in India?
Principle:
1. Diplomatic Immunity: Diplomatic agents enjoy immunity from the jurisdiction of the receiving state for
their official acts. This immunity is granted to ensure that diplomatic agents can perform their duties
without fear of harassment or interference from the host country's authorities.
2. Limited Immunity: Diplomatic immunity does not extend to all activities of a diplomatic agent. It usually
covers only official acts performed in the course of their duties.
3. Personal Obligations: Diplomatic agents are still subject to the laws and regulations of the receiving
state concerning their private or personal affairs. They are expected to comply with their contractual
obligations, including paying rent for properties they rent for personal use.
Judgement:
In the present case, the diplomatic agent rented a home in India for personal use, which falls under their
private affairs rather than official duties. Therefore, the diplomatic agent does not enjoy immunity from
jurisdiction for failing to pay rent, as this obligation arises from a private contract rather than official
duties.
Under international law, the diplomatic agent may be held liable for breaching the rental agreement and
failing to fulfill their contractual obligation to pay rent to the owner of the home.
Conclusion:
While diplomatic agents enjoy immunity from the jurisdiction of the receiving state for their official acts,
this immunity does not extend to their private affairs. Therefore, the diplomatic agent in this case is liable
under international law for not paying rent for the rented home in India, as this obligation arises from a
private contract rather than official duties.
LANDMARK CASES
\
1. Kesavananda Bharati v. State of Kerala (1973):
- Key Observation: The Supreme Court held that there are certain basic features of the Constitution that
cannot be amended by the Parliament, including the basic structure doctrine. This case established the
principle that the Parliament's power to amend the Constitution is subject to judicial review.
2. Maneka Gandhi v. Union of India (1978):
- Key Observation: The Supreme Court held that the right to travel abroad is a fundamental right under
Article 21 of the Indian Constitution, and any law restricting this right must satisfy the test of
reasonableness and fairness.
3. Vellore Citizens Welfare Forum v. Union of India (1996):
- Key Observation: The Supreme Court recognized the principle of "polluter pays" and held that the state
has an obligation to protect and improve the environment under Article 21 of the Constitution.
4. Kuldip Nayar v. Union of India (2006):
- Key Observation: The Supreme Court emphasized the importance of freedom of speech and expression,
stating that it is essential for the functioning of democracy and that restrictions on this freedom should be
narrowly construed.
5. Narmada Bachao Andolan v. Union of India (2000):
- Key Observation: The Supreme Court recognized the right to rehabilitation of displaced persons as an
integral part of the right to life under Article 21 of the Constitution, especially in the context of large-scale
development projects.
6. People's Union for Civil Liberties v. Union of India (2002):
- Key Observation: The Supreme Court emphasized the importance of habeas corpus as a fundamental
right and held that detaining individuals without proper legal procedure violates their constitutional rights.
7. Bhopal Gas Leak Disaster Case (1989):
- Key Observation: The Supreme Court directed Union Carbide Corporation to pay compensation to the
victims of the Bhopal gas leak disaster, highlighting the principle of corporate liability for environmental
disasters.
8. M.C. Mehta v. Union of India (1987):
- Key Observation: The Supreme Court recognized the concept of public interest litigation (PIL) and
expanded the scope of locus standi, allowing any citizen to approach the court for the enforcement of
public rights.
9. Navtej Singh Johar v. Union of India (2018):
- Key Observation: The Supreme Court decriminalized homosexuality by striking down Section 377 of the
Indian Penal Code, affirming the principles of equality, dignity, and non-discrimination.
10. Aruna Shanbaug v. Union of India (2011):
- Key Observation: The Supreme Court allowed passive euthanasia under exceptional circumstances,
recognizing the right to die with dignity as a fundamental aspect of the right to life.
11. Mohammed Ahmed Khan v. Shah Bano Begum (1985):
- Key Observation: The Supreme Court upheld the right of Muslim women to maintenance under Section
125 of the Criminal Procedure Code, emphasizing the principle of gender equality and non-discrimination.
12. Jolly George Varghese v. Bank of Cochin (1980):
- Key Observation: The Supreme Court recognized the principle of judicial review over administrative
actions, stating that the courts have the authority to examine the legality and validity of administrative
decisions.
13. Union Carbide Corporation v. Union of India (1989):

- Key Observation: The Supreme Court held that the settlement amount paid by Union Carbide Corporation
for the Bhopal gas leak disaster was inadequate and ordered the company to pay additional compensation
to the victims.
14. A.K. Gopalan v. State of Madras (1950):
- Key Observation: The Supreme Court held that fundamental rights are distinct and separate rights, and
each right must be interpreted independently. This case laid down the foundation for the interpretation of
fundamental rights in India.
15. Nirbhaya Case (2012):
- Key Observation: The Supreme Court upheld the death penalty for the convicts in the Nirbhaya gangrape
case, reaffirming the principle of deterrence and proportionality in sentencing for heinous crimes.
16. Kartar Singh v. State of Punjab (1994):
- Key Observation: The Supreme Court upheld the constitutional validity of TADA (Terrorist and Disruptive
Activities Prevention Act), emphasizing the state's duty to combat terrorism while ensuring the protection
of civil liberties.
17. Common Cause v. Union of India (2018):
- Key Observation: The Supreme Court recognized the right to die with dignity and legalized passive
euthanasia, allowing individuals to make advance directives for medical treatment in case of terminal
illness.
18. Kharak Singh v. State of Uttar Pradesh (1963):
- Key Observation: The Supreme Court held that the right to privacy is not explicitly guaranteed under the
Indian Constitution but is implied in the fundamental rights, laying the foundation for the later recognition
of the right to privacy as a fundamental right.
19. Sunil Batra v. Delhi Administration (1978):
- Key Observation: The Supreme Court recognized the principle of prison reforms and held that prisoners
have certain fundamental rights even within the prison walls, emphasizing the importance of humane
treatment of prisoners.
20. Indian Young Lawyers Association v. State of Kerala (2018):
- Key Observation: The Supreme Court allowed women of all ages to enter the Sabarimala temple,
overturning the centuries-old practice of barring women of menstruating age from entering the temple
premises. This decision reaffirmed the principles of gender equality and non-discrimination.
- Section 3 of the General Clauses Act states that words and phrases in statutes should be interpreted
according to their plain and ordinary meaning, unless such interpretation leads to absurdity or
inconsistency.
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Complied By
ProLegal Minds & Co

OSMANIA UNIVERSITY @prolegalminds
2024
LL.B 3YDC - IV SEMESTER
LABOUR LAW II
PUBLIC INTERNATIONAL LAW
INTERPRETATION OF STATUTES
LAND LAWS
INTELLECTUAL PROPERTY RIGHTS
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LAW FIRM FOR NATURAL JUSTICE

LL.B 3YDC - IV ﻿SEMESTER

Part I: Fundamental Concepts

Part II: Substantive Areas of PIL

Part III: Contemporary Challenges and Case Studies

ProLegal Minds & Co

Public International Law

PART A - SHORT ANSWERS - 6 MARKS

ProLegal Minds & Co

Public International Law

ProLegal Minds & Co

1.SOURCE OF INTERNATIONAL LAW

Customary International Law:

General Principles of Law:

Judicial Decisions and Teachings of Highly Qualified Publicists:

2.MODES OF ACQUIRING TERRITORIES

1. Background of the Chicago Convention:

2. Key Articles of the Chicago Convention:

3. Principles and Standards of the Chicago Convention:

4. Implementation and Enforcement of the Chicago Convention:

5. Examples of the Chicago Convention in Practice:

5.ICC -THE INTERNATIONAL CRIMINAL COURT (ICC) IN PUBLIC INTERNATIONAL LAW:

1. Background of the ICC:

2. Jurisdiction of the ICC:

3. Structure and Functions of the ICC:

4. Principles and Procedures of the ICC:

5. Challenges and Criticisms Facing the ICC:

6. Examples of ICC Cases and Impact:

6.IMF -The International Monetary Fund (IMF) in Public International Law:

1. Background of the IMF:

2. Legal Framework of the IMF:

6. Criticism and Reform of the IMF:

1. Principles of De Jure Recognition:

8.Freedoms of the High Seas

1. Historical Development and Legal Basis:

2. Key Freedoms of the High Seas:

3. Legal Principles and Limitations:

4. Case Law and Precedents:

5. Challenges and Contemporary Issues:

6. Conclusion and Future Prospects:

1. Legal Framework of State Responsibility:

2. Criteria for Attribution of Conduct:

3. Internationally Wrongful Acts:

Conclusion:State responsibility is a fundamental principle of public international law, providing a legal

1. Legal Framework and Basis:

4. Application and Case Law:

5. International Cooperation and Mutual Legal Assistance:

6. Challenges and Future Directions:

5. Legal Principles Established:

2. Principles of Conditional Recognition:

13.INTERNATIONAL COURT OF JUSTICE

1. Legal Basis and Establishment:

2. Jurisdiction of the ICJ:

3. Procedures and Processes:

4. Key Provisions and Articles:

5. Landmark Cases and Case Law:

6. Challenges and Future Directions:

1. Legal Basis and Establishment:

7. Challenges and Future Directions:

LL.B 3YDC - IV SEMESTER