1. Definition of International Law - different writers.
2. Definition of International Law - with reference to International Court of Justice.
3. Legal status of International Law.
4. Writers against International Law - Austin, Holland, Jeremy Bantam, Lord Salisbury, Brownlie.
5. Theory of Anti-writers - enforcement of superior to inferior, compel to obey, punishable. No such compulsion. Just rule of morality.
6. Arguments against International Law.
(1) Contractual constitution.
(2) Lack of enforcement power.
(3) Lack of interpretation.
7. Writers in favour if International Law - Oppenheim, Lawrence, Han, Brownlie, Starke.
8. Arguments in favour of International Law.
(1) Enforcement powers - public opinion and mutual interest of states.
(2) Hostile power also takes its support.
(3) State interpretation.
(4) Resemblance as to municipal law upon violence.
(5) Part of municipal law.
(6) International Court of Justice - part of manifesto.
(7) Assistance in problem solving.
(8) Agreements as legislature.
(9) Power of sanctions.
(10) Military action.
(11) Decision of states’ disputes.
9. Demerits of International Law.
(1) Absence of legislature.
(2) Lack of enforcement power.
(3) Ambiguous law.
(4) Slow pace of progress or development.
(5) Non-conformity with modern requirements.
(6) Limited jurisdiction of International Court of Justice.
(7) Non-accession on municipal matters.
(8) Limited law.
Importance and base of International Law.
Importance of International Law:
1. Achievement of common interest.
2. Economic and social progress or development.
3. Establishment of peace and order.
4. Role in constitution of civilized society.
5. Recognition of states’ individuality.
6. Conclusion of complexity.
7. Assurance of interference of states’ rights.
8. Importance of states’ interests.
9. Amendment and renewal as and when required.
10. Security assurance of states rights.
Base of International Law:
1. Consent theory:
(1) International Law - rules and regulations, recognition at will.
(2) Consent as integral part of international treaties and agreements.
(3) Kinds of consents:
(i) Direct consents - in agreement and treaties.
(ii) Indirect consents - in customs, mutual relationship.
(4) Criticism of consent theory:
(i) Writers - Starke, Brownlie, Sir Host.
(ii) Non-explanation of compliance.
(iii) Acceptance as law - not for facility.
(iv) Compulsion of International Law - no one may escape.
2. Basic rights’ theory:
(i) Writers - Starke, Finwick, Brownlie, Sir Host.
(ii) Result of natural age.
(iii) Emphasize of basic rights.
Criticism on basic rights:
(i) Worn out or outdated theory.
(ii) Non-practicable in modern age.
(iii) Obstruction in healthier and international matters.
Sources of International Law:
1. Kinds of sources of International Law:
(1) Formal sources of International Law.
(2) Material sources on International Law.
2. Sources - International Court of Justice Article 38.
(1) Treaties and conventions.
(2) Customs.
(3) General principles - civilized states.
(4) Judicial decisions and juristic opinion.
3. Material sources in general.
(1) Customs and conventions.
(2) Treaties
(i) Law-making.
(ii) Treaty contracts.
(3) Decision of courts and arbitrators.
(4) Decisions of municipal courts.
(5) Juristic opinion.
(6) Decision of International Organizations.
4. Customs and conventions.
(1) Definition.
(2) Emergence - conduct
(3) Conditions to form customs.
(i) Continue practice or exercise.
(ii) Practice of multi-states.
(iii) Long historical process.
(iv) Increased value of common conduct.
(v) Recognition of stares and practice.
(vi) Obligatory practice of states.
(vii)Non-inconsistency.
5. Difference in common and municipal custom.
(1) Enforceability. States - subjects or not. Maritime laws - local or territorial - only few states.
6. Treaties.
(1) Definition.
(2) Kinds of treaties.
(i) Bi-literal.
(ii) Multi-literal.
(3) Kinds of treaties by source of International Law.
(i) Law-making.
(a) Form law as municipal law.
(b) Alteration pre-existed treaties.
(c) All treaties are not law making.
(d) Paris Declaration 1816 - Impartiality in war.
(e) Red Cross, protection of Industrial Property, Currency, rights and Measures, International Navigation, Space Rights.
(ii) Treaty contracts.
(a) Not internal status but universal.
(b) Partial enforceability but universal likes extradition.
(c) Written and more important than customs.
(d) International Court of Justice decision 1923, priority of treaty contract over customs.
7. Decisions of courts and arbitrators.
(1) Form rule for International Law.
(2) Enforceability at will.
(3) Guidance for municipal courts.
(4) Important role of arbitrators - International Court of Justice gets guideline.
(5) New laws made - boundaries, sovereignty, state territory, responsibility, and slavery.
(6) Criticism of arbitrators should not lawmaking.
8. Juristic opinion.
(1) Definition.
(2) Practice of US Supreme Court.
(3) International Court of Justice - 38 - order for utilization.
(4) Only opinion of recognized jurists internationally.
9. Decisions of International Organizations.
(1) Definition.
(2) Power to decide rights and obligation of states - UNO.
(3) General Assembly Resolution - Right of self-determination.
(4) Interpretation for subsidiaries.
(5) Semi judicial decisions - European Economic Council.
(6) Effects of experts.
10. Decision of municipal courts.
(1) Precedent - sometime.
(2) Blockade (barrier), prohibitions of war, continue sea navigation are examples - Britain.
(3) Extradition, state recognition, municipal decisions.
REGARDS.
|