Legum Baccalaureus (LLB) -PAPER-II: PUBLIC INTERNATIONAL LAW 4th Semester Syllabus Short Notes
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PAPER-II
SYLLABUS SHORT NOTES
UNIT – 1
DEFINITION OF INTERNATIONAL LAW
The term
‘International law’, also referred to as Laws of Nations was first coined by
Jeramy Bentham in 1780. Every country is referred to as ‘state’ in
International Law.
International
laws are a set of rules, agreements and treaties that are binding between
countries. Countries come together to make binding rules that they believe will
benefit the citizens.
Oppenheim
defined PIL as “International law (or) law of nations with a body customary
(or) treaty rule which are considered to be legally binding upon civilized
nations in their intercourse with each other.”
NATURE OF INTERNATIONAL LAW
1. Voluntary:
It relies on states consenting to be bound by mutually agreed upon rules and
norms. No centralized lawmaking authority imposes obligations on states.
2. Reciprocal:
States have reciprocal entitlements and duties towards one another under
international law. Rights come with corresponding obligations.
3. Decentralized:
With no supreme global authority, states retain autonomy but agree to restrain
behavior and resolve disputes peacefully. Enforcement mechanisms are limited.
4. Customary:
Custom-based norms derived from consistent state practice and opinio juris are
as binding as written conventions and treaties.
5. Universality:
Its principles uphold the general interests of the international community,
aiming for universal applicability.
6. Evolving:
Its content and interpretations adapt to changing global contexts, new actors
like corporations, and emerging areas like cyberspace.
7. Cooperative:
It facilitates cooperation between states on issues like commerce,
environmental protection, and sharing common resources.
SCOPE AND IMPORTANCE OF INTERNATIONAL LAW
International
law has a vast scope, covering a wide range of
topics that affect global affairs. Some key areas within its scope
include:
1.
International peace and security:
International law establishes rules and norms to help prevent and resolve
conflicts between states. It also regulates the use of force and the conduct of
war.
2.
Human rights:
International law protects the fundamental rights and freedoms of all people,
regardless of their nationality. It also establishes mechanisms to hold states
accountable for human rights abuses.
3.
Trade and investment:
International law provides a framework for the regulation of international
trade and investment. It helps to promote free and fair trade, and it protects
the rights of investors.
4.
Environmental protection:
International law addresses a range of environmental issues, including climate
change, pollution, and biodiversity conservation. It helps to coordinate global
efforts to protect the environment.
5. International organizations: International law
establishes and regulates
the activities of international organizations, such as the United
Nations and the World Trade Organization. It helps to ensure that these
organizations operate effectively and that they are accountable to their members.
IMPORTANCE
OF INTERNATIONAL LAW
1.
Provides stability and order in international
relations between states.
2.
Allows for peaceful resolution of disputes through
legal means rather than the use of force.
3.
Upholds universal human rights through conventions
like the UN Declaration of Human Rights.
4.
Holds states accountable for genocide, war crimes, and
crimes against humanity.
5.
Protects territorial sovereignty of states and
prohibits unilateral aggression.
6.
Enables global transportation and communication
through laws on airspace, outer space, and maritime freedoms.
7. Facilitates
cooperation between states on issues like environmental protection, commerce,
and use of shared resources.
RELATION OF INTERNATIONAL LAW TO MUNICIPAL LAW
The
International Law is a new concept in the human civilization and history. The
Municipal Law means the internal law of a sovereign State. The International
Law and the internal law (Municipal Law) are two separate legal orders,
existing independently of one another. An internal law cannot become as the
International Law. But an International Law can become as internal law
(Municipal Law) in certain circumstances.
The
Internal law has binding force within its territories of a sovereign State. But
in certain circumstances, an International Law may not be having such binding
force, unless and until the sovereign State incorporates it in its Municipal
Law. In order that there can be controversy about whether the relations between
these two laws are relations of co-ordination between self-existent independent
orders, or relations of subordination of the one to the other, or of the other
to the one or again whether they are part of the same order, but both
subordinate to a superior order. It is necessary that they should both be
purporting to be, and in fact be applicable in the same field - that is, to the
same set of relations and transactions.
Harris
says: "International Law is a law of coordination, but
not subordination. It is usually regarded as a law between, but not above
several States."
THEORIES: There
are five theories, which explain the relationship between International Law and
Municipal Law. They are:
1.
Monistic Theory: This theory posits that
international law and municipal (domestic) law form a unified legal system.
Both sets of laws are considered part of a single legal framework, with
international law taking precedence over municipal law when conflicts arise.
2.
Dualistic Theory: According to this theory,
international law and municipal law are separate and distinct legal systems.
Each operates independently, and international law must be explicitly adopted
or transformed into municipal law to have effect within a state.
3.
Specific Adoption Theory: This theory holds that
international law norms and rules need to be specifically adopted by a state’s
legislative or legal processes to become part of its municipal law. Without
specific adoption, international law does not automatically apply domestically.
4.
Transformation Theory: Transformation theory asserts that
international law becomes part of municipal law only when it is transformed
through legislative action. This means that international treaties and
obligations must be enacted into domestic legislation to have legal effect
within a state.
5.
Delegation Theory: Under this theory, the application
of international law within a state depends on the delegation of authority by
the state’s constitution or legal system. The constitution or legal framework
of the state delegates the authority to incorporate and apply international law
domestically.
SOURCES OF INTERNATIONAL LAW
1. International
conventions: Treaties, agreements, and
conventions concluded between states or international organizations are formal
sources of international law. They establish legal obligations and rights among
the parties involved.
Ex:
-
Convention on the law of the sea, 1982
-
Geneva Convention on the territorial sea and the
contiguous Zone, 1958
-
Hague Convention for the Suppression of unlawful
seizure of Aircraft, 1970
-
Chicago Convention in international civil aviation
-
Vienna Convention on the law of the treaties
2. International
customs: Established patterns of behavior and practices among
states, known as customary international law, also serve as a source of
international law. Customary law is derived from consistent state practice and
is binding on states that have accepted it.
3. General
principles of law recognized by civilized nations:
These are fundamental legal principles and norms that are accepted and applied
by most countries as part of their legal systems. General principles of law
serve as supplementary sources of international law, filling gaps where
treaties and customs are silent.
4. Judicial
decisions & juristic works: Decisions
of international courts and tribunals, as well as writings of legal scholars
and experts (juristic works), contribute to the development and interpretation
of international law. While they are not primary sources, they provide guidance
and insights into the application of international legal principles.
5. ‘ex
aequo et bono’ means based on equity and justice.
CODIFICATION
Codify means to draw up a code of laws. Codification
is the act, process or result of codifying. Codification of the International
Law. This phrase is meant in three senses
1. harmonization and coordination of various
municipal laws to uniform statutes as far as practicable
2. arranging
the existing customary international law in a systematic process
3. lastly
it includes all conventions, treaties, charters, etc.
Codification
involves the systematic arrangement and recording of existing rules of
international law into comprehensive and organized codes or conventions. It
aims to clarify and consolidate legal principles, making them more accessible
and understandable for states and other international actors.
Codification
of International Law was started at the end of the 18th Century. It was
originated by Bentham. Therefore, Bentham is the father of Codification of
International Law.
The Hague
Codification Conference conducted in 1930 was the first conference on the
codification of International Law.
One
prominent example of codification is the Vienna Convention on the Law of
Treaties, which codifies principles governing the formation, interpretation,
and termination of treaties.
UNIT – 2
STATE RECOGNITION
State
Recognition refers to the formal acknowledgment by one state of the existence
of another entity as a sovereign state. Recognition can occur through various
means, including diplomatic recognition, establishment of diplomatic relations,
or participation in international organizations.
Prof.
L. Oppenheim – “in recognising a state as member of international community,
the existing states declare that in their opinion the new state fulfils the
condition of statehood as required by international law”
Constitutes
parameters:
1. Permanent population
2. Definite boundary/Territory
3. Government
4. Sovereignty
Theories:
Constitutive
Theory: This
theory posits that recognition by other states is necessary for the creation of
statehood. In other words, a state only exists when it is recognized by other
states.
-
De
Facto (temporary recognition)
-
De
Jure (Permanent recognition)
Declarative
Theory: According
to this theory, statehood is determined by meeting certain criteria, such as a
defined territory, permanent population, effective government, and capacity to
enter into relations with other states. Recognition merely acknowledges the
existence of these criteria.
STATE SUCCESSION
State
Succession refers to the process by which a new state or regime replaces an
existing state or regime in its rights and obligations under international law.
It typically occurs due to events such as independence, merger, dissolution, or
territorial changes.
Definition
-
Oppenheim: A state proper is existence when
people settled in a territory under its own sovereignty government.
-
General: Taking geographical political
entity possess political sovereignty not being subjective in any higher
position and political authority.
Parties
-
Predecessor
state (old)
-
Successor
state (new)
Types of State Succession:
1.
Universal/Total
Succession (complete):
If the legal identity of a community is completely destroyed there is
said to be a total succession or universal succession.
Ex: Sikkim
Circumstances in which Universal
succession arises:
a.
Occupation/
Subjugation
b.
Merger
Ex:
in 1975 – Sikkim into India
c.
Break
up
Ex:
USSR split to 15 states in 1991
2.
Partial
(partly): If the territory is lost while personality
and legal responsibility remain unimpaired, the process is described as the
partial succession.
Ex: Bangladesh
Circumstances in which partial
succession arises:
a.
Achieving
independence
b.
Cession
c.
Purchase
d.
Federation
e.
Referendum
RESPONSIBILITY OF STATES FOR
INTERNATIONAL DELINQUENCIES
Delinquencies:
Wrong doing; an action going against the law.
International
delinquency is a wrongful act committed by a state on the aliens of another
state, directly or indirectly.
State
Responsibility refers to the accountability of states for their actions
or omissions that breach international law. States can be held responsible for
violations of international obligations, including those arising from treaties,
customary law, and general principles of law.
Elements
of State Responsibility:
Wrongful
Act: The state
must commit a breach of its international obligations, either through action or
inaction.
Attribution: The wrongful act must be
attributable to the state, meaning it must be committed by state organs or
agents acting in an official capacity.
Causation: The wrongful act must cause
injury or harm to another state or its nationals.
Reparation: The state responsible for the
wrongful act is obligated to provide reparation, which may include restitution,
compensation, or satisfaction.
STATE TERRITORY
State
Territory refers to the land, airspace, and territorial waters over which a
state exercises sovereignty and jurisdiction. It is a fundamental aspect of
statehood and is protected under international law.
Components
of State Territory:
Land
Territory: The
physical territory under the control of the state, including its borders and boundaries.
Territorial
Waters: The
maritime area adjacent to the coast over which the state exercises sovereignty,
typically extending up to 12 nautical miles from the baseline.
Airspace: The airspace above a state's land
and territorial waters, subject to its jurisdiction and control.
MODES OF ACQUIRING STATE TERRITORY
1. Occupation - Acquiring territory by occupying
land that is not under the sovereignty of any state.
2. Merging/ Accretion - Gradual and natural addition of
land through geological processes such as sediment deposition.
3. Purchase - Buying territory from another
state
Ex: Alaska was purchased by the USA
from Russia.
4. Pledge - Temporary transfer of territory
as a security for a loan or obligation.
5. Plebiscite - Acquiring territory through a
direct vote by the population of the region.
Ex: Beru Bari
6. Cession - Transfer of territory from one
state to another through a treaty or agreement.
7. Lease - Acquiring temporary control over
territory for a specified period.
Ex: Hongkong lease to the UK for 99
years (1889-1997) by China,
8. Annexation/Conquest - Acquiring territory through
military force and incorporating it into the state’s sovereignty.
UNIT - 3
POSITION OF INDIVIDUAL IN INTERNATIONAL
LAW
The
Position of Individuals in international law has evolved over time, moving from
a system primarily concerned with state-to-state relations to one that
increasingly recognizes the rights and responsibilities of individuals. Over
the last 60 years we have seen a change in the status of the individual as a
holder of rights under the international law. How can we deduce these
international rights? One can assume 'corresponding rights' to every
individual's 'strict international obligation fully to respect some important
values, such as the maintenance of peace, protection of human dignity, etc.'
It
would be not only consistent from the viewpoint of legal logic but also in
keeping with new trends emerging in the world community to argue that the
international right in respect of those obligations accrues to all individuals.
They are entitled to respect for their life and limbs, and for their dignity.
Hence, they have a right not to become a victim of war crimes, crimes against
humanity, aggression, torture and terrorism. At least for the time being, this
international right, deriving from the general international rules, is not,
however, attended by a specific means, or power, of enforcement that belongs to
the individuals.
Key
aspects include:
Human
Rights:
International human rights law protects the rights and freedoms of individuals
against violations by states and other entities.
International
Criminal Law:
Individuals can be held accountable for certain international crimes, such as
genocide, war crimes, and crimes against humanity, before international
tribunals like the International Criminal Court (ICC).
Diplomatic
Protection: States
have the right to diplomatically protect their nationals abroad, seeking
remedies on their behalf for violations of international law.
NATIONALITY
Nationality
or citizenship is the legal bond between an individual and a state, conferring
rights and obligations on both parties. It is primarily regulated by domestic
law but has implications for international relations, particularly in areas
such as diplomatic protection and extradition. Nationality is generally meant
loyalty towards particular state.
Oppenheim
– “Nationality is the link through which an individual can enjoy the benefits
of international law”.
According
to Indian Succession Act, 1955
METHODS
TO ACQUIRING NATIONALITY CONCEPTS:
1.
Jus
Soli i.e., Place of birth
2.
Jus
Sangunis i.e., By parents Nationality
Ex: India
U.S.A has adopted two methods.
MODES OF ACQUIRING NATIONALITY
1.
By
birth
2.
By
naturalization (ex: Sonia Gandhi)
3.
By
resumption
4.
By
Subjugation (Occupation)
5.
By
Cession (surrender)
6.
By
Migration
LOOSING
OF NATIONALITY
1. By Release (release of nationality)
2. By Deprivation (if bad name brought
to country)
3. By Renunciation (leaving one
citizenship)
4. By Choice or Substitution
5. By long standing residence
DUAL
NATIONALITY
Article
15(1) of universal declaration of human rights clearly states that every person
in this world has the right to get nationality.
Article
15(2) says that no person should be terminated of his nationality, if deprives
the nationality and also should not be denied his right to change his nation.
Case
law: Nottebohm case (includes 3 states)
EXTRADITION
Extradition
is the process by which one state surrenders a suspected or convicted criminal
to another state for prosecution or punishment. It is governed by bilateral or
multilateral extradition treaties and customary international law, which
outline the procedures and conditions for extradition.
Oppenheim
– “Extradition is the delivery of an accused or a convicted individual to the
state on whose territory he is alleged to have committed or to have been
convicted of a crime, by the state on whose territory the alleged criminal
happens to be for the time being”.
Essential
Conditions for Extradition:
1. Treaty
2. Political offenders
3. Attentat Clause
4. Double Criminality
5. Military Criminality
6. Religious Criminality
7. Rule of Specialty
8. Condition
9. Evidence
10. Procedure
11. Own citizens
India
has enacted an Act known as “The Indian Extradition Act, 1962”. Section 31 is
the most important section of that act which provides certain restrictions on
extradition. They are:
1. Political criminal - Sec 31 (a)
2. Limitation – Sec 31 (b)
3. Section 31 (c)
4. Rule of Specialty: Section 31(d)
5. Expiration of 15 days after being
committed to prison – Sec 31 (e)
6. Unfettered Powers – Section 3 to 12
ASYLUM
Asylum
is the protection granted by a state to individuals fleeing persecution or
serious harm in their home country and seeking shelter in other country. It can
be granted on various grounds, including political, religious, or humanitarian
reasons. Asylum seekers may seek asylum in a foreign state's territory or at
its diplomatic missions abroad.
TYPES:
1.
Territorial
(on its soil)
Ex: Bangladesh refugees flow into
India since 1971; Srilanka refugees to India; Dalai Lama and his Tibetan
followers came to India as refugees in 1959; etc.
2.
Extra-territorial
(In ambassador plain)
Asylum
ends where Extradition starts.
PRIVILEGES AND IMMUNITIES OF DIPLOMATIC
ENVOYS
Diplomatic
Agent is the head
of the mission or a member of the diplomatic staff of the mission.
Every state sends their diplomatic
agent to all other countries in the world. The primary function, purpose and
object of appointing such diplomatic agents are to enhance the friendly
relations and business in those countries, and to know and known of cultural
activities of both countries; etc., He has to do activities on behalf of his
country in receiving state. He is the representative of sending state. He has
to explain his government’s policies and attitude relating to international
affairs in a very soft and amicable manner to receiving state.
There
are three kinds of Diplomatic agents. They are:
1. Ambassadors and Legates
2. Ministers Pleni-Potentiary and
Envoys Extraordinary.
3. Charge-d’ Affaires
The
Vienna convention on Diplomatic relations, 1961 provides rights, immunities and
privileges of diplomatic agents.
Diplomatic
Privileges and Immunities are special legal protections granted to diplomatic
envoys and their families to ensure the smooth conduct of diplomatic relations.
These privileges, immunities and rights include:
1. inviolability of the premises of
Mission;
2. inviolability of personnel of
Mission;
3. exemption from taxes;
4. inviolability of archives and
documents;
5. facilities;
6. movement and travel in receiving
State;
7. communications;
8. immunity from inspection of
personal baggage;
9. immunity from criminal prosecution;
10. private residence;
11. immunity from civil jurisdiction;
12. immunity to be a witness;
13. taxes on personnel;
14. immunities to diplomatic agent in
the territory of a third State;
15. worship;
16. right to control his staff;
17. immunity from local and military
obligation; and
18. immunity from Social Security
provisions; etc.
TREATIES
Treaty is a formal, signed and ratified
agreement between states, Treaty means ‘an international agreement concluded
between states in written form and governed by international law, whether
embodied in a single instrument or in two or more related instruments and
whatever its particular designation’.
Oppenheim
– “International Treaties are agreement of a contractual character between
states or organizations of states creating legal rights and treaties”
Prof.
Schwarzenberger – “Treaties area agreements between subject of international
law creating a binding obligation in international law”.
CLASSIFICATION OF TREATIES:
In
general:
Treaties
are of two kinds:
1. Bilateral Treaties
2. Multilateral Treaties
Mc
Nair classified treaties
in 4 kinds. They are:
1. Treaties in the form of agreement
between states.
2. Treaties in the form of agreement
between states.
3. Agreements in the form of
inter-governmental agreements
4. Agreements expressed as made
between Departments, or ministers, or other subordinate organs or agencies of
governments.
Prof.
Oppenheim Classified
treaties into two categories:
1. Law- making treaties.
2. The treaties for their purposes.
FORMATION OF TREATIES
The
process of treaty formation involves several key steps:
1. Accredition or authorization: It is the first step. Every
participating State to a treaty, first sends its authorized representative on
whom it accredits (trusts). The authorized representative participates in
negotiation, adoption and signature etc. of a treaty on behalf of the State by
whom he is sent.
2. Negotiation and adoption: It is the second step. The
discrepancies, disputes, conflicts, etc. if any shall be settled by
negotiation. Negotiation is the best method to solve the discrepancies by
amicable manners. The authorized representatives participate actively in
negotiation and adoption.
3. Signatures: When the terms are come to a
conclusion, the authorized representatives of the contracting State shall sign
on the treaty. Of course, the signatures of authorized representative do not
qualify the treaty as a full-pledged treaty. A treaty signed by the authorized
representatives should be ratified by the Sovereign States concerned.
4. Ratification: Every treaty must be ratified by
the sovereign States.
5. Accession of adhesion:
Accession. = something added; an
addition. It is a general practice that the treaty shall be in force between
the States who signed on it. But the States, who have not signed, may also
accept it by a clear subsequent declaration. Such States, who give their consent
by way of subsequent declarations, are also bound. This is called the
"Accession of treaties".
Adhesion = sticky nature. Where the
contracting States sign and ratify the treaty, and some other States would like
to join in that treaty. Such States are also in certain circumstances invited
as parties to the treaty. Such States are called the "Adhesive States".
6. Pacta sunt servanda: Pacta. = an agreement; a pact;
sunt. = must; servanda. = survive.
'Pacta sunt servanda' means that
States are bound to fulfill in good faith the obligations assumed by them under
treaties. Mc Nair says that no Government would decline to accept the principle
pacta sunt servanda.
Trust and confidence are inherent
in international co-operation, in particular in an age when this co- operation
in many fields is being increasingly essential. Just as the very rule of pacta
sunt servanda in the law of treaties is based on good faith, so also is the
binding character of an international obligation assumed by
unilateral declaration.
7. Registration and publication: After ratification of a treaty,
it must be registered and published. Article 102 of the Charter of United
Nations imposes a condition that every treaty and every international agreement
entered into by any Member of the United Nations comes into force shall as soon
as possible be registered with the Secretariat and published by it.
8. Application and Enforcement: Where a treaty is signed,
ratified, registered and published it comes into force. It gets binding force.
Article 24 of Vienna Convention provides that a treaty enters into force in
such a manner and upon such date as it may provide or as the negotiating States
may agree. Failing any such provision or agreement, a treaty enters into force
as soon as consent to be bound by the treaty has been established for all the
negotiating States. When the consent of a State to be bound by a treaty is
established on a date after the treaty has come into force, the treaty enters
into force for that State on that date, unless the treaty
otherwise provides.
MODES
OF CONSENT
Consent
is a fundamental principle in treaty law, as treaties are binding agreements
voluntarily entered into by states. States express their consent to be bound by
a treaty through various modes:
Signature: A state may express its consent
to a treaty by signing it. Signature indicates the state's intention to
consider ratification or other forms of acceptance at a later stage.
Ratification: Ratification is the formal
approval of a treaty by the state's competent authority, such as the executive
branch or legislature. After ratification, the state becomes legally bound by
the treaty's provisions.
Accession: Accession is the method by which
a state becomes a party to a treaty that it did not participate in the
negotiation of. It involves the state formally expressing its consent to be
bound by the treaty after it has already been concluded.
Acceptance: Some treaties require states to
formally accept or approve the treaty before becoming parties. Acceptance
follows a process similar to ratification but may be required for treaties
concluded under specific circumstances.
RESERVATION AND TERMINATION
Reservation:
Reservation
is a unilateral statement made by a state when signing, ratifying, accepting,
or acceding to a treaty, with the aim of excluding or modifying the legal
effect of certain treaty provisions in their application to that state. Key
points regarding reservations include:
Permissible
Reservations:
Reservations are generally permissible unless they are prohibited by the treaty
or are incompatible with its object and purpose.
Objections: Other parties to the treaty may
object to a reservation if they consider it incompatible with the treaty. If
objections are raised, the reserving state may choose to withdraw the
reservation, amend it, or proceed with the treaty without the reservation.
Effect
of Reservations:
Reservations modify the obligations of the reserving state under the treaty but
do not affect the rights and obligations of other parties unless they object to
the reservation.
Termination:
Termination
of treaties refers to the cessation of the legal effect of a treaty between the
parties. Treaties may be terminated through various means:
1.
Termination
by Consent: Parties mutually
agree to terminate the treaty.
2.
Termination
by Treaty Provision: The treaty
itself contains provisions for its termination after a certain period or under
specific conditions.
3.
Error or
Mistake: A fundamental error or
mistake can lead to the termination if it is shown that the treaty was based on
a false assumption.
4.
Fraud or Corruption: If a treaty was obtained through fraudulent means or
corruption, it can be terminated.
5.
Coercion: A treaty signed under coercion or threat of force can
be invalidated and terminated.
6.
Equal
Treaties: When treaties are
equal and consensual, and one party breaches the terms, the other party may
terminate the agreement.
7.
Jus
Cogens: If a treaty conflicts
with a peremptory norm of international law (jus cogens), it can be terminated.
8.
Material
Breach: A significant violation
of the treaty terms by one party allows the other party to terminate the
treaty.
9.
Supervening
Impossibility of Performance: An
unforeseen event makes it impossible to fulfil the treaty obligations, leading
to termination.
10.
Rebus Sic
Stantibus: "Things standing
thus," or a fundamental change of circumstances, may justify the
termination of a treaty if those circumstances were essential to the treaty's
conclusion.
UNIT – 4
THE LEGAL REGIME OF THE SEAS
Regime = Government, especially an
authoritarian one.
Legal
Regime = A Legal
regime is a system of principles and rules governing something, and which is
created by law. It is framework of legal rules.
The sea is an essential aspect of
human trade, travel, mineral extraction, and power generation. This has also
made it essential to warfare and left major cities exposed to earthquakes and
volcanoes from nearby faults; powerful tsunami waves; and hurricanes, typhoons,
and cyclones produced in the tropics. It is the scene of leisure activities
including swimming, diving, surfing, and sailing. However, population growth,
industrialization, and intensive farming have all contributed to present-day
marine pollution. Atmospheric carbon dioxide is being absorbed in increasing
amounts, lowering its pH in a process known as ocean acidification. The shared
nature of the sea has made overfishing an increasing problem.
The United Nations Convention on
the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the
Law of the Sea treaty, is the international agreement that resulted from the
third United Nations Conference on the Law of the Sea (UNCLOS III), which took
place between 1973 and 1982. The Law of the Sea Convention defines the rights
and responsibilities of nations with respect to their use of the world's
oceans, establishing guidelines for businesses, the environment, and the
management of marine natural resources. The Convention, concluded in 1982,
replaced four 1958 treaties. UNCLOS came into force in 1994, a year after
Guyana became the 60th nation to sign the treaty. As of January 2015, 166
countries and the European Union have joined in the Convention. However, it is
uncertain as to what extent the Convention codifies the customary
international law.
EVOLUTION OF THE LAW OF THE SEA
The
law of the sea as a discipline is not new, although its distinct and
independent existence could be set at the first half of the 20th
century, as the result of the different international efforts to codify it and
to reach consensus on the basic rules that had emerged throughout the practice
of States in the precedent five centuries, and rooted in the very beginning of
human civilization. Avoiding the long journey of tracing back the very first
expressions of regulatory norms for the conduct of human activities at sea, it
is enough to state that the more important that the interaction with the sea
became for an empire or human agglomeration, the more common the attempts to
regulate the latter became, and those regulations went from simple assignment
of competences to officers, to claim large areas of the sea under the exclusive
control of that reign. Nevertheless, it is important to highlight some of those
events as they contributed in one way or the other to the current status of
development of the law of the sea.
FREEDOMS
OF THE HIGH SEAS
The
high seas refer to areas of the ocean beyond any state's territorial sea.
The
terms "International Waters" or "Trans-Boundary Waters"
apply where any of the following types of bodies of water (or their drainage
basins) transcend international boundaries: oceans, large marine ecosystems,
enclosed or semi-enclosed regional seas and estuaries, rivers, lakes,
groundwater systems (aquifers), and wetlands. Oceans, seas, and waters outside
of the national jurisdiction are also referred to as the "High Seas"
or, in Latin, mare liberum (meaning "Free Seas").
Ships
sailing the high seas are generally under the jurisdiction of the Flag State
(if there is one); however, when a ship is involved in certain criminal acts,
such as piracy, any nation can exercise jurisdiction under the Doctrine of
Universal Jurisdiction. International waters can be contrasted with internal
waters, territorial waters and exclusive economic zones.
Article
1 of the Geneva
Convention on the High Seas 1958 gives the meaning of the term "High Seas"
as follows: "The term "high seas" means all parts of the sea
that are not included in the territorial sea or in the internal
waters of a State."
UNCLOS
recognizes several freedoms on the high seas, including freedom of navigation,
overflight, fishing, laying submarine cables and pipelines, scientific
research, and innocent passage through territorial seas.
COMMON HERITAGE OF MANKIND
The
concept of the Common Heritage of Mankind is a principle in international law
that designates certain global commons as belonging to all humanity, meaning
they are to be used and preserved for the benefit of all people, including
future generations. This principle asserts that no single nation can claim
sovereignty over these areas, and their resources should be managed
collectively by the international community.
Key
areas considered as the Common Heritage of Mankind include:
The
Deep Seabed: The
seabed and ocean floor beyond national jurisdiction are governed by the United
Nations Convention on the Law of the Sea (UNCLOS). The International Seabed
Authority (ISA) regulates activities in these areas, ensuring that resource
exploitation benefits all humanity.
Outer
Space: The Outer
Space Treaty (1967) establishes that outer space, including the Moon and other
celestial bodies, is the common heritage of mankind. It prohibits national
appropriation and promotes peaceful use and exploration.
Antarctica: Governed by the Antarctic Treaty
System, Antarctica is designated as a scientific preserve with a focus on
international cooperation and environmental protection. It is considered a
global common, not owned by any country.
Cultural
Heritage: Certain
cultural sites and artifacts, such as those protected under UNESCO conventions,
are also seen as part of humanity's common heritage, meant to be preserved and
appreciated by all people globally.
UNITED NATIONS CONVENTION ON THE LAW OF THE
SEAS
The
United Nations Convention on the Law of the Sea (UNCLOS), also called the Law
of the Sea Convention or the Law of the Sea treaty, is the international
agreement that resulted from the third United Nations Conference on the Law of
the Sea (UNCLOS III), which took place between 1973 and 1982. The Law of the
Sea Convention defines the rights and responsibilities of nations with respect
to their use of the world's oceans, establishing guidelines for businesses, the
environment, and the management of marine natural resources. The Convention,
concluded in 1982, replaced four 1958 treaties. UNCLOS came into force in 1994.
As of January 2015, 166 countries and the European Union have joined in the
Convention. However, it is uncertain as to what extent the Convention codifies
customary international law.
While the Secretary General of the
United Nations receives instruments of ratification and accession and the UN
provides support for meetings of States party to the Convention, the UN has no
direct operational role in the implementation of the Convention. There is,
however, a role played by organizations such as the International Maritime
Organization, the International Whaling Commission, and the International
Seabed Authority (ISB). (The ISB was established by
the UN Convention.)
LEGAL REGIME OF AIRSPACE
Airspace
is the portion of
the atmosphere controlled by a country above its territory, including its
territorial waters or, more generally, any specific three-dimensional portion
of the atmosphere.
Air
sovereignty is the
fundamental right of a sovereign state to regulate the use of its airspace and
enforce its own aviation law - in extremis by the use of fighter aircraft.
Aerospace is the human effort in science,
engineering and business to fly in the atmosphere of Earth (aeronautics) and
surrounding space (astronautics). Aerospace organizations research, design,
manufacture, operate, or maintain aircraft and/or spacecraft. Aerospace
activity is very diverse, with a multitude of commercial, industrial and
military applications.
Aerospace
is not the same as airspace, which is the physical air space directly above a
location on the ground. It is not the same as aerospace, which is the general
term for Earth's atmosphere and the outer space in its vicinity
IMPORTANT CONVENTIONS RELATING TO
AIRSPACE – PARIS, HAVANA, WARSAW AND CHICAGO CONVENTIONS
PARIS CONVENTION (1919): Laid the foundation for
international air law and established principles for air navigation,
communication, and safety.
The
Paris Convention of 1919 (formally, the Convention Relating to the Regulation
of Aerial Navigation) was the first international convention to address the
political difficulties and intricacies involved in the international aerial
navigation. The convention was concluded under the auspices of the
International Commission for Air Navigation (forerunner to ICAO). It attempted
to reduce the confusing patchwork of ideologies and regulations which differed
by country by defining certain guiding principles and provisions, and was
signed in Paris on 13-10-1919.
The
Paris Convention of 1919 sought to determine this question as part of the
process of framing the convention's assumptions, and it was decided that each
nation has absolute sovereignty over the airspace overlying its
territories and waters.
the
convention was ratified by 11 states, including Persia, which had not signed
it. The United States never ratified it because of its linkage to the League
of Nations. The treaty came into force in 1922.
The
Paris Convention was superseded by the Convention on International Civil
Aviation (the Chicago Convention).
HAVANA CONVENTION (1928): Regulates the rules of aerial
navigation over territory of states and establishes air navigation services.
The
Havana Convention on Commercial Aviation applied exclusively to private
aircraft and laid down basic principles and rules for aerial traffic,
recognizing that every State has complete and exclusive sovereignty over the
airspace above its territory. Clauses largely enabled USA owned airlines to
freely operate services within North and South America.
Although
the principles of the Havana Convention was the mutual freedom of air passage,
it made however no attempt to develop uniform technical standards (the
Convention had no annexes), nor was there any provision for periodic discussion
on common problems through the agency of a permanent organisation (i.e. a
Secretariat). The Convention did not contain provisions for continuing
administrative machinery.
Although
the Paris and Havana Conventions served a useful purpose, they were seen to be
no longer adequate for the years after World War II, because of the immense
wartime development of aerial transport. The Convention on International Civil
Aviation signed at Chicago on 07-11-1944 superseded them; there was some
readiness to concede the commercial air rights as well as technical and
navigational regulations should be governed by international agreement.
WARSAW CONVENTION (1929): Addresses liability for
international carriage by air and provides compensation for passengers and
cargo in case of accidents.
The
Convention for the Unification of certain rules relating to international
carriage by air, commonly known as the Warsaw Convention, is an international
convention which regulates liability for international carriage of persons,
luggage, or goods performed by aircraft for reward.
Originally
signed in 1929 in Warsaw (hence the name), it was amended in 1955 at The Hague,
Netherlands, and in 1971 in Guatemala City, Guatemala. The United States courts
have held that, at least for some purposes, the Warsaw Convention is a
different instrument from the Warsaw Convention as amended by the Hague
Protocol.
The
Montreal Convention, signed in 1999, replaced the Warsaw
Convention system.
CHICAGO CONVENTION (1944): Established the International
Civil Aviation Organization (ICAO) and regulates various aspects of civil
aviation, including airspace sovereignty, air navigation, and safety.
The
Convention on International Civil Aviation, also known as the Chicago
Convention, established the International Civil Aviation Organization (ICAO), a
Specialized Agency of the United Nations charged with coordinating and
regulating international air travel. The Convention establishes rules of
airspace, aircraft registration and safety, and details the rights of the
signatories in relation to air travel. The Convention also exempts commercial
air fuels from tax.
In
October of the same year, ICAO became a Specialized Agency of the United
Nations Economic and Social Council (ECOSOC). The Convention has since been
revised eight times in 1959, 1963, 1969, 1975, 1980, 1997, 2000 and 2006.
As
of 2013, the Chicago Convention has 191 state parties, which includes all
member states of the United Nations - except Dominica, Liechtenstein, and
Tuvalu - plus the Cook Islands.
FIVE FREEDOMS OF AIR
The
freedoms of the air are a set of commercial aviation rights granting a
country's airlines the privilege to enter and land in another country's
airspace, formulated as a result of disagreements over the extent of aviation
liberalization in the Convention on International Civil Aviation of 1944, known
as the Chicago Convention. The United States had called for a standardized set
of separate air rights to be negotiated between States, but most other
countries were concerned that the size of the U.S. airlines would dominate the
air travel if there were not strict rules.
The
freedoms of the air are the fundamental building blocks of the international
commercial aviation route network. The use of the terms "freedom" and
"right" confer the entitlement to operate the international air
services only within the scope of the multilateral and bilateral treaties (air
services agreements) that allow them.
The
first two freedoms concern the passage of commercial aircraft through foreign
airspace and airports, the other freedoms are about carrying people, mail and
cargo internationally. The first through fifth freedoms are officially
enumerated by the international treaties, especially the Chicago Convention.
Several
other freedoms have been added, and although most are not officially recognised
under broadly applicable international treaties they have been agreed to by a
number of countries. The lower-numbered freedoms are relatively universal while
the higher-numbered ones are rarer and more controversial. The Liberal Open
Skies Agreements often represent the least restrictive form of air services
agreements and may include many if not all freedoms. They are relatively rare
but examples include the recent single aviation markets in the European Union
and between Australia and New Zealand.
First
Freedom: The right
to fly over a foreign country without landing.
Second
Freedom: The right
to make a non-traffic stop in a foreign country for refueling or maintenance.
Third
Freedom: The right
to discharge passengers or cargo from one's own country to another.
Fourth
Freedom: The right
to take on passengers or cargo from another country to one's own.
Fifth
Freedom: The right
to carry passengers or cargo between two foreign countries on a flight
originating or ending in one's own country.
LEGAL REGIME OF OUTER SPACE
The
Institute of International Law, considering that the legal regime of the
exploration and utilisation of outer space and celestial bodies should be
inspired by a spirit of universality; Acknowledging the common interest of
mankind in the exclusive dedication of outer space to peaceful purposes in
accordance with the Charter of the United Nations; Noting the Resolutions on
international cooperation in the peaceful uses of outer space adopted
unanimously by the General Assembly of the United Nations on 20th December,
1961 and 14th December, 1962 and the Treaty Banning Nuclear Weapon Tests in the
Atmosphere, in Outer Space and Under Water signed at Moscow on 6th August,
1963; Having regard to the urgency of international regulation of the matter in
view of the rapidity of scientific and technical progress: Recognizes the
validity of the following principles and would welcome their inclusion in a
generally accepted treaty or declaration governing the legal regime of outer
space:
1.
Outer
space and the celestial bodies are not subject to any kind of appropriation,
they are free for exploration and use by all States for exclusively peaceful
purposes in conformity with the following provisions.
2. No space object shall be launched
otherwise than under the authority of a State. Each State shall ensure that the
utilisation of every space object launched under its authority complies with
the applicable international rules.
3. Every launching of a space object
shall be registered by the State under the authority of which the launching
took place with the United Nations or a special body to be created; the
registration shall be affected promptly and with particulars to be agreed.
4. Every space object shall bear marks
of identification showing its origin and use call signals making it possible to
identify the State under the authority of which the launching took place.
5. Every space object launched in
accordance with the foregoing provisions shall remain subject to the
jurisdiction of the State under the authority of which it was launched.
6. All States shall ensure that space
telecommunications comply with the regulations of the International
Telecommunication Union.
7. States shall take appropriate
measures for:
a.
mutual
assistance among astronauts;
b.
mutual
assistance among States on behalf of astronauts in need of assistance;
c.
prompt
repatriation of astronauts after any emergency landing or rescue.
IMPORTANT CONVENTIONS SUCH AS OUTER SPACE
TREATY
AGREEMENT
ON RESCUE AND RETURN OF ASTRONAUTS LIABILITY CONVENTION:
Agreement
on the rescue of Astronauts, the return of Astronauts and the return of the
object launched into outer space.
The
“Rescue Agreement” opened for signature at Washington, London and Moscow on
April 22, 1968.
NOTING
the great importance of the Treaty on Principles Governing the Activities of
States in the Exploration and Use of Outer Space, including the Moon and Other
Celestial Bodies, which calls for the rendering of all possible assistance to
astronauts in the event of accident, distress or emergency landing, the prompt
and safe return of astronauts, and the return of objects launched into outer
space,
DESIRING
to develop and give further concrete expression to these duties,
WISHING
to promote international co-operation in the peaceful exploration and use of
outer space,
PROMPTED
by sentiments of humanity,
AGREEMENT
ON REGISTRATION OF SPACE OBJECTS
The
Convention on Registration of Launched Objects into Outer Space (Registration
Convention) was adopted by the United Nations General Assembly in 1974 and went
into force in 1976. As of 2014, it has been ratified by 62 States.
The
Convention requires the States to furnish to the United Nations with the
details about the orbit of each space object. A registry of launchings was
already being maintained by the United Nations as a result of a General
Assembly Resolution in 1962.
The
Registration Convention and four other space law treaties are administered by
the United Nations Committee on the Peaceful Uses of Outer Space.
The
European Space Agency and European Organization for the Exploitation of
Meteorological Satellites have submitted the Declarations of Convention. of
rights and obligations according acceptance to the
The
register is kept by the United Nations Office for Outer Space Affairs (UNOOSA)
and includes:
(1)
Name
of launching State;
(2)
An
appropriate designator of the space object or its registration number;
(3)
Date
and territory or location of launch;
(4)
Basic
orbital parameters (Nodal period, Inclination, Apogee and Perigee);
(5)
General
function of the space object.
MOON
TREATY
Establishes
principles for the exploration and use of the moon and other celestial bodies, including
the sharing of benefits and the prevention of harmful contamination.
The
Agreement Governing the Activities of States on the Moon and Other Celestial
Bodies, better known as the Moon Treaty or the Moon Agreement, is an
international treaty that turns jurisdiction of all celestial bodies (including
the orbits around such bodies) over to the international community. Thus, all
activities must conform to international law, including the United Nations
Charter.
As
a follow-on to the Outer Space Treaty, the Moon Treaty intended to establish a
regime for the use of the Moon and other celestial bodies similar to the one
established for the sea floor in the United Nations Convention on the Law of
the Sea. The treaty would apply to the Moon and to other celestial bodies
within the Solar System, other than the Earth, including orbits around or other
trajectories to or around them.
The
treaty makes a declaration that the Moon should be used for the benefit of all
States and all peoples of the international community. It also expresses a
desire to prevent the Moon from becoming a source of international conflict.
In
practice it is a failed treaty because it has not been ratified by any State
that engages in self-launched manned space exploration or has plans to do so
(e.g. the United States, some member States of the European Space Agency,
Russia, People's Republic of China, Japan, and India) since its creation in
1979, and thus has a negligible effect on actual spaceflight. As of 2014. it
has been ratified by 16 States.
UNISPACE
UNISPACE.
(Acronym)= The United Nations Conference on the Explorational and Peaceful Uses
of Outer Space.
Regulates
the exploration and use of outer space, declaring it the province of all
humankind and prohibiting the placement of nuclear weapons or military bases on
celestial bodies.
The
United Nations Programme on Space Applications was established in 1971 on the
recommendation of the first United Nations Conference on the Exploration
and Peaceful Uses of Outer Space (UNISPACE) that took place in Vienna,
Austria in 1968. The Programme's initial mandate was to create awareness among
policy makers and government agencies of the benefits of space technology and
to assist people from developing countries in acquiring the knowledge, skills
and practical experience necessary for their application.
The Second United Nations Conference on the
Exploration and Peaceful Uses of Outer (UNISPACE-82), held in 1982 in Vienna,
recommended the expansion of the Programme and a broadening of its mandate.
The
United Nations, recognizing that global challenges can best be met by a global
dialogue, organized the Third Conference on the Exploration and Peaceful
Uses of Outer Space (UNISPACE III), which was held in Vienna in July
1999. The UNISPACE III had two main goals:
·
To
promote the use of space technology in solving problems of a regional and
global nature; and
·
To
further strengthen the capability of Member States, particularly developing
countries, in the use of space-related technologies for economic, social and
cultural development.
The
UNISPACE III has a significant impact on the programme’s development and
provided guidance for further strengthening the activities of the programme
on space applications.
RECENT DEVELOPMENT IN INDIA’S SPACE
MISSIONS
India
has made significant advancements in space exploration, including successful
missions to Mars (Mangalyaan) and the Moon (Chandrayaan).
The
Indian Space Research Organisation (ISRO) continues to develop and launch
satellites for communication, navigation, Earth observation, and scientific
research.
India's
space program aims to expand its capabilities in space exploration, satellite
technology, and space-based services for socio-economic development.
UNIT - 5
INTERNATIONAL ORGANIZATIONS
International
organizations are entities formed by states or other international actors to
facilitate cooperation, coordinate efforts, and address common challenges on a
global scale. They play crucial roles in areas such as peacekeeping,
development, health, education, and trade.
An
organization with global mandates, generally funded by contributions from
national governments. Examples include the International Committee of the Red
Cross, the International Organization for Migration, and United Nations
agencies.
An
international organization is an organization with an international membership,
scope, or presence. There are two main types:
(1) The Inter-Governmental
Organizations,
also known as the International Governmental Organizations (IGOs): The type of
organization is most closely associated with the term 'International
Organization', these are organizations that are made up primarily of sovereign
States (referred to as member-States). Notable examples are the United Nations
(UN), and its Agencies, such as Organization for Economic Co-operation and
Development (OECD) Organization for Security and Co-operation in Europe (OSCE),
Council of Europe (COE), and World Trade Organization (WTO). The UN has used
the term the "Inter- Governmental Organization" instead of the
"International Organization" for clarity.
The first and oldest
inter-governmental organization is the Central Commission for Navigation on the
Rhine, created in 1815 by the Congress of Vienna.
(2) The International Non-Governmental
Organizations (INGOs):
The Non-Governmental Organizations (NGOs) that operate internationally. These
include international non-profit organizations and worldwide companies such as
the World Organization of the Scout Movement, International Committee of the
Red Cross, Médecins Sans Frontières and World Safeguard
and Media Limited.
LEAGUE OF NATIONS
League
of Nations (1920-1946): Established after World War I with the goal of
promoting peace and preventing future conflicts. Despite its efforts, it failed
to prevent World War II and was dissolved in 1946.
The
First World War occurred during 1914-18 due to greediness of Germany. This created
huge loss in persons and economy through-out the globe. To avoid further wars
in future, Britain, France, America thought to have a World Organization to
check and stop the conflicts and wars. As a result of lengthy discussions, and
the Treaty of Versailles 1919, was concluded between the member-States. Most of
them belonged to Europe and America. As a result, the League of Nations was
established on 10-01-1920. Strictly, speaking, it was "a Child of
War".
The League
of Nations (abbreviated as LN in English, "Société des Nations"
abbreviated as SDN in French) was an inter-governmental organization founded on
10 January 1920 as a result of the Paris Peace Conference that ended the First
World War. It was the first International Organization, whose principal mission
was to maintain world peace. Its primary goals, as stated in its
Covenant, included preventing wars through collective security and disarmament
and settling international disputes through negotiation and arbitration. Other
issues in this and related treaties included labour conditions, just treatment
of native inhabitants, human and drug trafficking, arms trade, global health,
prisoners of war, and protection of minorities in Europe. At its greatest
extent from 28-09-1934 to 23-02-1935, it had 58 members.
Assembly,
Council and Secretariat were the principal organs of the League of Nations.
Each member had one vote. Each Member could send three representatives to the
Assembly. America, Britain, France, Italy and Japan were the permanent members
of the Council. Four other members were to be elected for the Council. Total
Members were 9. There were 600 officers working in the Secretariat.
ORGANS
OF THE LEAGUE OF NATIONS: There
were three important organs of the League of Nations. They were:
(i)
The
Assembly: It was
the supreme body. Each member-State was given the right of one vote. All
decisions of the Assembly were required to be unanimous. It was to supervise
the work of the Council.
(ii)
Council: The Council was the executive
body of the League. It consisted of permanent members, non-permanent members
and ad hoc representatives. Only the Great Powers were the permanent members.
The Council was to meet at least once a year.
(iii)
Secretariat: Secretariat-General was the chief
of the Secretariat. Secretary-General and other important staff were appointed
by the Council with the approval of the Assembly. It continued to work
throughout the year.
FUNCTIONS
OF THE LEAGUE OF NATIONS:
Strictly, speaking, the League of Nations was born as "a Child of
War". The main function of the League of Nations was to avoid wars and
maintain peace in the world, and it was required to do all that lay in its
power to achieve that ideal. There was a check on the size of armaments. The
members of the League were required not to go to war without exhausting all the
pacific means for the settlement of disputes.
UNITED NATIONS
United
Nations (1945-present): Formed after World War II to replace the League of
Nations and maintain international peace and security. The UN has six main
organs: the General Assembly, Security Council, Economic and Social Council,
Trusteeship Council, International Court of Justice, and Secretariat.
The
League of Nations was the "Child of War", born after the First World
War, died after the Second World War. It could not achieve the purpose for
which it was established. The Second World War started on 01-09-1939 and ended
on 02-09-1945 (6 years, 1 day). The countries wanted to achieve their wishes
with another effort. The San Francisco Conference was held on 26- 01-1945 with
this object, and 51 countries had participated in it. The Charter of the United
Nations was prepared in that Conference, and it was ratified on 24-10-1945. As
a result, the United Nations came into existence with effect from 24-10-1945,
which day was later become famous as the
"United Nations Day".
Purposes
of United nations:
1. International Peace and security
2. Friendly Relations
3. Co-operation
4. Centre for harmonising these acts
Principles
of United Nations:
1. Equality
2. Benefits
3. Settlement of disputes
4. Non-intervention
5. Non-members
6. Domestic jurisdiction
PRINCIPAL
ORGANS OF THE UN:
The
United Nations' system is based on Six Principal Organs:
(1) the General Assembly,
(2) the Security Council,
(3) the Economic and Social Council
(ECOSOC),
(4) the Secretariat,
(5) the International Court of Justice
and
(6) the Trusteeship Council.
The
sixth principal organ, the Trusteeship Council, was suspended operations in
1994, upon the independence of Palau, the last remaining UN trustee territory.
Four
of the six principal organs are located at the main UN Headquarters in New York
City. The International Court of Justice is located in The Hague, while other
major agencies are based in the UN offices at Geneva, Vienna, and Nairobi.
Other UN institutions are located throughout the world.
Below
the six organs sit, in the words of the author Linda Fasulo, "an amazing
collection of entities and organizations, some of which are actually older than
the UN itself and operate with almost complete independence from it".
These include specialized agencies, research and training institutions,
programmes and funds, and other UN entities.
INTERNATIONAL COURT OF JUSTICE
ICJ
is the principal judicial organ of the United Nations, tasked with settling
legal disputes between states and providing advisory opinions on legal
questions referred by UN organs and specialized agencies.
It
consists of 15 judges elected by the UN General Assembly and Security Council,
serving nine-year terms.
Article
92 to 96 of the United nations charter explains about “International court of
justice”.
The
International Court of Justice is a World Court. It is established by the
Charter of the United Nations as the principal judicial organ of the United
Nations. It functions on the basis of the "Statute of the International
Court of Justice". In fact, this Statute is based upon the "Statute
of the Permanent Court of International Justice", which was established by
the League of Nations. The International Court of Justice is new name of
"the Permanent Court of International Justice" established along with
the League of Nations. The International Court of Justice stepped into the
shoes of "the Permanent Court of International Justice".
The
International Court of Justice is in Hague. The Court consists 15 members. No
two of whom may be nationals of the same State. The members of the Court shall
be elected for nine years and may be re-elected, provided, however, that of the
Judges elected at the first election, the terms of five judges shall expire at
the end of 3 years and the terms of five more judges shall expire at the end of
6 years. The Court shall elect its President and Vice-President for 3 years.
They may be re-elected. The Court shall appoint its Registrar and may provide
for the appointment of such other officers as may be necessary. The President
and the Registrar shall reside at the seat of the
Court, i.e. in Hague.
INTERNATIONAL CRIMINAL COURT
ICC
is a permanent international tribunal established to prosecute individuals for
genocide, war crimes, crimes against humanity, and the crime of aggression.
It
complements national legal systems and can exercise jurisdiction over crimes
committed on the territory of states parties or by their nationals.
The
International Criminal Court, commonly referred to as the ICC or ICCt, is a
permanent tribunal to prosecute individuals for genocide, crimes against
humanity, war crimes, etc. The Court's creation perhaps constitutes the most
significant reform of the international law since 1945. It gives authority to
the two bodies of international law that deal with treatment of individuals:
human rights and humanitarian law.
The
Pakistani terrorists have been causing bomb blasts in India and have been
taking the shelter in Pakistan. The Pakistan Government, its organ ISI,
military and political parties have been supporting them. This fact is known to
all the countries. If they are caught, like Kasab, India can prosecute them and
punish them according to the Indian Criminal Law. There are other examples of
terrorist activities. However, neither the UN nor the ICC has been paying
attention on the terrorists. Every State, i.e, the USA, Pakistan, etc., have
been ignoring the burning problem of terrorism and have been limited only lip
services. The terrorism is a universal problem. All the States must become the
parties to the ICC and hand over the terrorists to the ICC for trial and conviction.
SPECIALIZED
AGENCIES OF THE UN
General
Assembly, Secretariat, Security Council, Trusteeship Council, Economic and
Social Council land International Court of Justice are the Six Principal Organs
of the UNO. There are 17 independent Specialized Agencies and 14 major
Programmes and Funds under the UNO.
WHO
A
specialized agency of the UN responsible for international public health. It
coordinates efforts to combat diseases, improve healthcare systems, and promote
global health equity.
The
World Health Organization (WHO) is a Specialized Agency of the United Nations
that is concerned with international public health. It was established on
07-04-1948, headquartered in Geneva, Switzerland. WHO is a member of the United
Nations Development Group. Its predecessor, the Health Organization, was an
agency of the League of Nations. The Constitution of the World Health
Organization had been signed by 61 countries on 22-07-1946, with the first
meeting of the World Health Assembly finishing on 24-07-1948. It incorporated
the Office International d'Hygiène Publique and the League of Nations Health
Organization.
Since
its creation, it has played a leading role in the eradication of smallpox. Its
current priorities include communicable diseases, in particular, HIV/AIDS,
Ebola, malaria and tuberculosis; the mitigation of the effects of
non-communicable diseases; sexual and reproductive health, development, and
aging; nutrition, food security and healthy eating; occupational health;
substance abuse; and drive the development of reporting, publications, and
networking. WHO is responsible for the World Health Report, a leading
international publication on health, the worldwide World Health Survey, and
World Health Day (7th April of every year).
UNESCO
A
UN agency focused on promoting education, science, culture, and communication.
It works to preserve cultural heritage, promote literacy, and foster
international cooperation in education and scientific research.
ESTABLISHMENT: The UNESCO was established on
14-11-1946. It had become a Specialized Agency of the United Nations with
effect from 14-12-1946. Ils Head Quarter is situated at Paris of France.
OBJECTIVES: UNESCO's aim is "to
contribute to the building of peace, the eradication of poverty, sustainable
development and intercultural dialogue through education, the sciences,
culture. communication and information". Other priorities of the organization
include attaining quality Education For All and lifelong learning, addressing
emerging social and ethical challenges, fostering cultural diversity, a culture
of peace and building inclusive knowledge societies through information and
communication. The broad goals and concrete objectives of the international
community - as set out in the internationally agreed development goals,
including the Millennium Development Goals (MDG) underpin all UNESCO's
strategies and activities.
Its
purpose is to contribute to peace and security by promoting international
collaboration through education, science, and culture in order to further
universal respect for justice, the rule of law, and human rights along with
fundamental freedom proclaimed in the United Nations Charter. It is the heir of
the League of Nations' International Committee on Intellectual Cooperation.
COMPOSITION: UNESCO has 195 Member States and
nine associate members. Most of its field offices are "cluster"
offices covering three or more countries. There are also national and regional
offices. There are three main organs of the UNESCO. They are
(i)
General
Conference
(ii)
Executive
Board
(iii)
Secretariat.
UNESCO
pursues its objectives through five major programs: education, natural sciences,
social/human sciences, culture, and communication/information.
ILO
A
specialized agency of the UN promoting social justice and internationally
recognized labor rights. It sets labor standards, promotes decent work, and
provides technical assistance to member states.
The
International Labour Organization (ILO) is Specialized Agency of the United
Nations dealing with labour issues, particularly international labour standards
and decent work for all. 185 of the 193 UN Member States are the members of the
ILO.
In
1969, the ILO received the Nobel Peace Prize for improving peace among classes,
pursuing justice for workers, and providing technical assistance to other
developing nations. The ILO registers complaints against entities that are
violating international rules. However, it does not impose sanctions on the
Governments.
Unlike
other United Nations specialized agencies, the International Labour
Organization has a tripartite governing structure - representing governments,
employers, and workers (usually with a ratio of 2:1:1). This guiding body is
composed of 28 government representatives, 14 workers' representatives, and 14
employers' representatives. The rationale behind the tripartite structure is
the creation of free and open debate among governments and social partners.
The
ILO Secretariat (staff) is referred to as the
International Labour Office.
IMF
An
international financial institution working to foster global monetary
cooperation, secure financial stability, facilitate international trade, and
promote sustainable economic growth. It provides financial assistance to member
countries facing economic crises.
The
International Monetary Fund (IMF) is a Specialized Agency of the UN. It is an
international organization headquartered in Washington, D.C., in the United
States. It has the membership of 188 countries, working to foster global
monetary cooperation, secure financial stability, facilitate international
trade, promote high employment and sustainable economic growth, and reduce
poverty around the world.
It
was established in 1944 at the Bretton Woods Conference, it came into formal
existence in 1945 with 29 member countries and the goal of reconstructing the
international payment system. Countries contribute funds to a pool through a
quota system from which countries with payment imbalances can borrow. As of
2010, the fund had SDR476.8 billion, about US$755.7 billion at then- current
exchange rates.
Through
this fund, and other activities such as statistics keeping and analysis,
surveillance of its members' economies and the demand for self-correcting
policies, the IMF works to improve the economies of its member countries.
OBJECTIVES:
The organization's objectives stated in the Articles of Agreement are: to
promote international economic cooperation, international trade, employment,
and exchange-rate stability, including by making financial resources available
to member countries to meet balance-of- payments needs.
WTO.
An international organization regulating international
trade and commerce. It provides a forum for negotiating trade agreements,
resolves disputes between member states, and monitors trade policies to ensure
fairness and transparency.
Major functions of the WTO include to:
(a)
Implement
and administer the WTO and its annexes;
(b)
Provide
a forum for negotiating trade-related issues; and issues arising from the WTO
Agreement;
(c)
Provide
a dispute settlement mechanism pursuant to the Understanding on Rules and
Procedures Governing the Settlement of Disputes (DSU);
(d)
Administer
the Trade Policy Review Mechanism (TPRM) which examines the trade policies of
members;
(e)
Cooperate
with the International Monetary Fund (IMF) and the International Bank for
Reconstruction and Development (IBRD); etc.
The WTO Agreement contains three important basic
principles in the context of the international commercial law:
1.
Most
favored nation principle
2.
National
treatment principle
3.
Reciprocity
principle
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DOWNLOAD SYLLABUS SHORT NOTES PDF of PUBLIC INTERNATIONAL LAW:
DOWNLOAD - Public International Law Syllabus Short notes Download (Date: 20-08-2024)
Download - Public International Law Short IMP Q&A (Date: 20-08-2024)
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P-II: Public International Law
P-III: Interpretation of Statutes
P-V: Intellectual Property Law
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Note: Some of the short notes are intended for a basic understanding of the subject topics. For a more in-depth understanding, please refer to the textbooks.
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