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Extradition -Lawrance: Lawrance defines extradition as “the surrender by one state to another of an individual who is found within the territory of the former and is accused of having committed a crime within the territory of the latter.

L. Oppenheim: “Extradition” is the delivery of an accused or a convicted individual to the state on whose territory he is alleged to have committed, to have been convicted of, a crime, by the state on whose territory the alleged criminal happen to be for the time being.

J. G. Starke: The term “extradition” denotes the process whereby one state surrenders to another state at its request a person accused or convicted of a criminal offence committed against the laws of the requesting state, such requesting state being confined to try the alleged offender.

A criminal may take refuge in a state which has no jurisdiction to try him, or in a state which is unable or unwilling to try him because all the evidence and witnesses are abroad. To meet this problem, International Law has evolved the practice of extradition, individuals are extradited, i.e., handed over, by one state to another state, in order that they may be tried in the latter state for offences against its laws. Extradition also includes the surrender of convicted criminals who have escaped before completing their punishment.

Object of extradition: Since extradition is the delivery of an accused or 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 he happens for the time to be. The object of extradition can be any individual, whether he is a subject of the prosecuting state, or of the state which is required to extradite him, or of a third state.

Extradition in the absence of an extradition treaty: Following rules govern extradition in the absence of extradition treaty:

Reciprocity or courtesy: In the absence of a treaty or statute, the grant of extradition depended purely on reciprocity or courtesy. No government is understood to be bound by positive law of nations to deliver up criminals and fugitives from justice who have sought an asylum within its limits.

Common rules: Following are the common rules, which govern the extradition in absence of an extradition treaty:

1. Extraditable persons: There is uniformity of state practice to the effect that the requesting state may obtain the surrender of its own nationals or nationals of a third state. But most states usually refuse the extradition of their own nationals who have taken refuge in their territory, although as between states who observe absolute reciprocity of treatment in this regard, requests for surrender are sometimes acceded to.

2. Extraditable crimes: Serious crimes generally, states extraditing only for serious crimes, and there is an obvious advantage in thus limiting the list of extradition crime since the procedure is so cumbrous (huge, heavy) and expensive.

3. Special principle: This means that an extradited person cannot be tried for a crime other than that for which he was extradited, until he has been given a chance to leave the country to which he was extradited.

4. Definition of extraditable offences: Extradition is usually confined to serious crimes, which must also be crimes under the law of both of the states concerned (double criminality principle). This object can be met in one of two ways. First, the treaty may apply to all crimes, which are punishable in both countries by so many months or years of imprisonment. Alternatively, the treaty may list the extraditable offences by name.

Exempted offences: As a general rule, the following offences are not subject to extradition proceedings:

(1) Political crimes.

(2) Military offences, for example, desertion (escape).

(3) Religious offences.

5. Principle of specialty: This principle means that the requesting state is under a duty not to punish the offender for any other offence than that for which he was extradited. This principle is approved by the Supreme Court of the United States. In Great Britain its application is a little uncertain.

6. Rule of double criminality: As regards the character of the crime, most states follow the rule of “double criminality”, i.e., that it is a condition of extradition that the crime is punishable according to the law both of the states of asylum and of the requesting state.

7. Reasonable prima facie evidence: There must be reasonable prima facie evidence of the guilt of the accused.

Intervention - defined by Oppenheim: “Intervention” is dictatorial interference by a state in the affairs of another state for the purpose of maintaining or altering the actual condition of things.

Lawrance: “Intervention” is an interference with the proceedings of a sovereign state by another state or group of states. The interfering state endeavors to compel it to do something which, if left to itself, it would not do, or refrain from doing something which, if left to itself, it would do.

J. G. Starke: “Intervention” means something more than mere interference and much stronger than mediation (reflection) or diplomatic suggestion. To fall within the terms of their prohibition, it must be dictatorial interference, in opposition to the will of the particular state affected.

Quincy Wright: Quincy Wright’s view is that “intervention” may be diplomatic as well as military. A diplomatic community of threatening tone, implying possible use of military measures may constitute intervention.

Kinds of intervention: There are three different kinds of intervention, which are as follows:

1. Internal intervention: It is the interference by one state between disputing sections of the community in another state either for protection of the legitimate government or the insurgents (rebel).

2. External intervention: It is the intervention by one state in the relations generally of the hostile relations of other states. It is, in other words, an intervention in the foreign affairs of another state.

3. Punitive intervention: It is a punitive measures falling short of war and it in the nature of a reprisal (revenge) for an injury suffered at the hands of another state.

When intervention can be permitted - general rule: General rule is that intervention is not allowed under International Law. Use of force by one state against another state, is always unlawful.

Article 2 of the Charter of the United Nations clearly condemns intervention when it provides that all members shall refrain in their relations from the threat or use of force against the territorial integrity or political independence of any state.

Exceptional cases: There are, however, exceptional cases in which a state has at International Law a legitimate right of intervention.

Grounds of intervention: The intervention can be permitted upon following grounds:

1. Self-protection: The supreme interest of the state overrides law. A state has a right to interfere in the affairs of another state where the security and immediate interests of the former are compromised.

2. Enforcement of Treaty Rights: A state is justified in interfering in the affairs of another state if the provisions of any treaty oblige the former to preserve the independence or neutralists of the latter.

3. Invitational intervention: As regards invitation by the lawful government of the state to intervene in its international affair, the matter is not free from difficult. It is again highly controversial whether the invitation from the government could be legitimately regarded as from the lawful government in such cases.

4. Grounds of humanity: Another justification for intervention is based on the ground of humanity. Lawrance observes that in the opinion of many writers such interventions are legal, but they can not be brought within the ordinary rules of International Law.

5. Balance of power: Preservation of the balance of power has been as undoubted maxim of European diplomacy from the middle of the seventeenth century. But the intervention on this ground has been condemned by jurists of all ages.

6. Protection of persons and property: Protections of the persons, property and interests of its nationals may provide justification for intervention. The necessity for protection may arise due to gross injustice or due to injury caused by unfair discriminations.

7. Intervention in civil war: With the establishment of the United Nations there is not justification for intervention by individual states in the civil wars of other states.

8. Protector’s affairs: A state has at International Law a legitimate right of intervention in the affairs of a protectorate (colonial state) under its dominion.

9. Removal of international nuisance: An intervening state may justify its intervention on the ground of removal of international nuisance.

10. Collective intervention: Collective intervention at the present time is in pursuance of the provisions of the United Nations that is the enforcement action under the authority of the United Nations Organization.

State servitude (slavery) - J. G. Starke: Stake defines an international servitude as “an exceptional restriction imposed by treaty on the territorial sovereignty of a particular state whereby the territory of that state is put under conditions or restrictions serving the interest of another state.”

M. P. Tandon: It is a right whereby the territory of one state is made liable to permanent use by another state for some specified purpose. For example, by agreement a state may be obliged to allow the passage of troops of a neighboring state or may be prevented to fortify its frontiers in the interest of the neighboring state.

L. Oppenheim: International servitude is that exceptional restrictions through which a state may exercise certain rights over the territory of another state. State servitudes are those exceptional restrictions made by treaty on the territorial supremacy of a states by which a part or the whole of its territory is in a limited way made perpetually to serve a certain purpose or interest of another state.

Rights in rem: The right arising out of servitude is one in rem. It follows that the servitude remains in force whatever happens to the territory of the state bound by the servitude, for example, if it be annexed or merged in another state.

Object of state servitude: The object of state servitude is always the whole or a part of the territory of the state the territorial supremacy of which is restricted by any such servitude.

Subjects of state servitude: Subjects of the state servitude are states only and exclusively, since state servitude can exist between states only.

Kinds of servitude: Oppenheim mentions four kinds of servitude, which are as follows:

1. Military servitude: Military servitude is a servitude acquired for military purposes, such as, the right to keep troops in foreign territory or to send an armed forces through foreign territory.

2. Economic servitude: Economic servitude is a servitude which is acquired for the purpose of commercial interests, traffic, and intercourse in general, such as the right of fisheries in foreign territorial waters, or to enjoy the advantages of a free zone for custom purpose, to built a railway-line on foreign territory.

3. Positive servitude: Positive servitude means that a state has to perform certain acts on the territory of another state. For example,

(1) Building and operating a railway in a certain territory.

(2) Construction of a customhouse.

(3) Having fishery rights in the territorial waters of another state.

(4) Lay down telegraph cable through foreign territory and such like.

Positive servitude is also termed as “active or affirmative” servitude.

4. Negative servitude: Negative servitude connotes that the state is bound by the servitude must refrain from doing something on that territory or abstain from exercising its territorial rights in some ways. For instance, it may permit a state to demand that a neighboring state shall not fortify its frontiers or increase its naval on land armament beyond a certain limit.
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Succession of states: By “state succession” is meant the factual situation, which arises when one state is substituted for another over a given territory.

M. P. Tandon: “Succession of states” means the replacement of one state by another in the responsibility for the international relations of the territory.

Predecessor state and successor state: The state which has been replaced by another state on the occurrence of a succession of state is termed as the “predecessor state” while the state which has replaced is called the “successor state”.

Succession to rights and obligations: Starke mentions that we are principally conceived with the transmission of right or obligations from states which have altered and lost that identity to other states or entities. Therefore, the terminology “state succession” is somewhat inappropriate and the terminology “succession to right and obligations” looks more suitable.

Legal question: When this take place, a succession or substitution, in fact of one state by another, the legal question arises that as to what extent there is a transmission of the rights and obligations of the old state to the new.

Kinds of succession: Succession of states is of two kinds, i.e., universal succession and partial succession.

1. Universal succession: Universal succession takes place when one state is completely absorbed by another either through conquest or through voluntary merger or by breaking into independent parts.

2. Partial succession: Partial succession takes place when a part of the territory of a state, for instance, breaks off in a result and by winning independence becomes itself a new state or when one state acquires a part or the territory of another state, or when a protectorate becomes a full sovereign state.

State succession: State succession falls under the following kinds:

1. Succession to treaty rights and obligation: There is no general rule that all treaty rights and obligations pass. But when a treaty has acquired the force of customary International Law, it will be binding on the new state.

It seems to be a generally accepted that the legal treaties devolve automatically upon the new state, as about boundaries, devolve automatically upon the new state, a servitude, or quasi servitude.

2. Succession to non-fiscal contractual treaties and obligations: The extent to which those pass is highly debatable. The Successor State must respect a contractual right, which is the nature of a vested or acquired right.

A contractual right, which is solely of the nature of a claim to un-liquidated damages, does not survive the change of sovereignty.

3. Succession and concessionary contracts: The general weight of practice and opinion lies in the direction of holding the obligation under concessionary contacts are terminated upon changes of sovereignty resulting in the extinction of the predecessor state, unless indeed the successor state renews the concession.

4. Succession and public debts: There is a great divergence of opinion on the question whether the successor state is obliged to take over public debts.

But it appears that the most commonly applied principle is that he who takes the benefit must also take the burden. So where an identified region has benefited by public expenditure to an ascertainable extent, then whoever takes over that part of the territory also takes over part of public debt which corresponds to the benefit.

5. Succession and private or municipal law rights: Such of these rights as have crystallized into vested or acquired rights must be respected by the successor state more especially where the former municipal law of the predecessor state has contained to operate, subject to alteration, as though to guarantee the sanctity of the rights.

6. Succession and claims in tort: There is no general principle of succession to delictual liabilities. According to the principles annunciated in two well-known cases The Robert E. Brown claim and the Hawaiian claims, the successor state is not bound to respect an un-liquidated claim for damage in tort.

7. Succession and public funds and property: It is generally recognized that the successor state takes over the public funds and public property, whether moveable or immovable of the predecessor state.

8. Succession and nationality: The problem here is whether and to what extent the successor state can claim so its nationals’ citizens of the predecessor state. Prima facie, person living or domiciled in the territory, subject of change, acquires the nationality of the succession.

Geneva Convention, 1949 on Prisoners of War: Four conventions were concluded at Geneva in 1949 relating to:

1. The treatment of prisoners of war.

2. The amelioration (amendment, correction) of the condition of the wounded and sick in Armed Forces in the field.

3. The Amelioration of the condition of wounded and sick and shipwrecked (sinking) members of Armed Forces at sea.

4. The protection of civilian persons at the time of war.

Prisoners of War: One of the convention concluded at Geneva in 1949 related to the treatment of prisoners of war, which applies to any armed conflict recognized or unrecognized arising between the contracting parties.

Persons to be treated as Prisoners of War: Under Article 4 of following categories of persons are to be treated as Prisoners of War:

1. Members of the armed forces of a party to the conflict as well as members of militias or volunteer corps forming part of such armed forces.

2. Members of organized resistance movements.

3. Persons who accompany the armed forces with actually being members thereof.

4. Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Powers.

5. Inhabitants of a non-occupied territory who, on the approach of the enemy, spontaneously take up arms to resist the invading forces.

Treatment of Prisoners of War: With regard to Prisoners of War they must be cared for and treated with humanity.

Prohibits violence to life: The Geneva Convention of 1949 prohibits violence to life and person of prisoners.

Prohibits humiliating treatment: Under the conventions, humiliating or degrading treatment with the prisoner is prohibited.

Physical or mental torture: No physical or mental torture is allowed to inflict on prisoners to compel them to give information.

Removal from the danger areas: After capture the Prisoners of War have to be removed from the danger area.

Termination of capacity: Capacity may be terminated by repatriation, accommodation in natural countries, release, escape, or death of prisoners.

Sick and wounded: The convention for the amelioration (editing, amendment, correction, or improvement) of the condition of the wounded and sick in Armed Forces in the field provides that sick or wounded persons officially attached to armies must be respected. They also to be protected and cared to without distinction of nationality, religion, race, sex, or political opinion.

Hospital zones: The convention also provides for the possibility of establishing by agreement of the parties hospital zones for protecting the wounded and sick.

Treatment of dead soldiers: Article 15 & 16 relate to the treatment of the dead soldiers. They have made an obligatory provision for reciprocal and speedy communication by the belligerents of the names and identity of the wounded and dead and for collection and transmission of articles found on the battle field or on the dead.

Medical transport: Article 36 of the convention protects aircraft used as a means of medical transport for the time they are used in transporting medical personnel and material and evacuating (void, remove) wounded and sick.

Role of International Law including individuals and non-state entities with reference to the opinions of jurists and modern practices: The question can be discussed conveniently with reference to the comments of those who assert that the International Law is exclusively concerned with the states and of those who affirm that individuals and non-state entities also are the subjects of International Law and with reference to certain modern practices.

States as subject of International Law: L. Oppenheim and his followers comment that since the International Law is based on the common consent of the states and not of individual human being, the states solely and exclusively are the subjects of International Law.

Law for the conduct of states: The subscribers of this view claim that the International Law is a law for the international conduct for states and not of their citizen.

Individuals as subject of International Law: Kelson has analyzed the notion of a state and affirms that it is purely a technical legal concept serving to embrace the totality of legal rules applying to a group of persons within a defined areas.

Individual alone are subjects: He states that in the ultimate analysis, individuals alone are the subjects of International Law. The rights and duties of states are only the rights and duties of individuals who compose them.

Individuals and non-state entities as subjects of the International Law: The authorities and jurists, after and before the out break of 2nd world war inclined to the concept that the International Law is not exclusively concerned with states. That was because of certain developments.
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Post 2nd world war developments: These are as follows:

1. The establishment of a large numbers of permanent international institution as organizations, for example, the United Nations Organization, World Health Organization, etc.

2. The movements to protect human rights and fundamental freedoms of individuals.

3. The erection of new rules for the punishment of persons committing international crimes of genocide or race destruction.

J. G. Starke’s view - states are principally subject but include individuals and non-state entities: According to Starke and other modern jurists, International Law is primarily concerned with the rights and duties of states but this does not mean that no other entity or person can be subject of the law. They include individual and non-state entities as subject of International Law.

Nuremberg and Tokyo international tribunals 1946 & 1948: The judgements of the Nuremberg and Tokyo tribunals whereby individuals were found guilty of certain acts declared to be international crimes, namely:

1. Crimes against peace and humanity and

2. Conspiracy to commit these crimes.

According to the Nuremberg Tribunal: It was observed that “crimes against International Law are committed by men, not by abstract entities and only by punishing individuals who commit such crimes are the provisions of International Law be enforced.”

Deznig Railway Official’s Case: In this era permanent International Court of Justice observed that if by a particular treaty the parties intended to confer rights on individuals, then these rights should receive recognition and effect at International Law, that is to say from an International Court of Justice.

Conclusion: To sum up, it may be said that:

1. Under modern practice: Individuals and non-state entities enjoy rights and become subject to duties directly under International Law.

2. The interest of individuals: Their fundamental rights and freedoms, etc. have become primary concern of International Law.

The developments of modern era appear to show the theory that states are the exclusive subject of International Law cannot be accepted today as accurate in all respects, although it may be a good working generalization for a practical international lawyer.

Diplomatic agents: In order to develop relationship states send their representatives to other states. These representatives are called diplomatic agents.

Diplomatic agents in other states are called officials or recognized representatives.

Ambassador is a person who is sent to abroad to take care of interest of his state.

Kinds of agency: There are two kinds of agencies, i.e., formal representatives and political representatives. Political representatives have further two kinds, i.e., interim representation and permanent representation.

Classification of diplomatic agents: There are four broad classifications of diplomatic agents, i.e., ambassador, extra ordinary envoy, minister resident, and charge affairs.

Appointment of diplomats: Following is the procedure for the appointment of diplomats:

1. Appointment letter.

2. Welcome of diplomats.

3. Duties of diplomats:

a) Talks and relationship.

b) Awareness of circumstances.

c) Observation.

d) Protection of interests.

e) Protection of his nationals within limits of International Law.

f) Explanation of state’s policies.

g) Conversation for extradition.

Immunities available to diplomats: Diplomats enjoy following immunities:

1. Protection of diplomatic envoys.

2. Fundamentals of diplomatic immunities.

3. Immunity from criminal jurisdiction.

4. Immunity from civil and administrative jurisdiction.

5. Immunity from giving evidence.

6. Immunity as to residence.

7. Immunity from police rule.

8. Immunity from arrest and detention.

9. Right of worship.

10. Right of self-jurisdiction.

11. Freedom of communication.

12. Freedom of movement.

13. Exemption from taxes.

14. Right of diplomatic asylum.

15. Duration of immunities and facilities.

16. Travelling facilities.

Termination of diplomatic mission: Diplomatic mission may be terminated on the following ways:

1. Call back by Head of State.

2. Termination of Head of the State.

3. Completion of mission.

4. To preserve peace and prosperity.

5. In case of death.

6. Persona non grata.

7. In case of undesirable act.

8. Drastic change in country or change of Head of State.

9. Merger or extinction of state.
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Losing of territorial sovereignty: Following reasons may cause lose the territorial sovereignty:

1. Withdrawal.

2. Delegation.

3. Merger.

4. Revolt.

5. Natural factors.

6. Occupation.

7. Sway or domination.

8. Judicial decision.

Neutrality: In its popular sense, neutrality denotes the attitude of a state, which is not at war with belligerents, and does not participate in the hostilities. In its technical sense, however, it is more than an attitude, and denotes a legal status of a special nature, involving a complex of rights, duties, and privileges at International Law, which must be respected by belligerents and neutrals alike.

Rational basis of neutrality: Neutrality is often justified by reference to the following consideration:

1. That it serves to localize war.

2. That it discourages war.

3. That is enable states to keep out of war.

4. That is regularizes international relations.

Neutrality and the United Nations Charter: Members states of the United Nations have no absolute right of neutrality. By article 41 of the United Nations Charter they may be under a duty to apply enforcement measures against a state or states engaged in war, if so called upon pursuant to a decision by the Security Council. Neutrality is not, however, completely abolished.

Rights and duties, in general, of neutral states: The status of neutrality involves rights and duties inter se of neutral states on the one hand, and of belligerent states on the other. Rights and duties are classified as under:

1. Abstention (restraint): The neutral state must give no assistance - direct or indirect - to either belligerent side, for example, it must not supply troops, or furnish or guarantee loans, or provide shelter for a belligerent'’ armed forces.

2. Prevention: The neutral state is under a duty to prevent within its territory or jurisdiction such activities as the enlistment of troops for warlike measures in its territory or territorial waters.

3. Acquiescence (compliance): The neutral state must acquiesce in the acts of belligerent states with respect to the commerce of its nationals if the laws of war duly warrant them. For example, the seizure of vessels under its flag for the carriage of contraband, adjudication by Prize Courts, and so on.

Duties of belligerent states: Similarly the duties of belligerent states may be summarized as:

1. Abstention (restraint): A belligerent state must not commit warlike acts on neutral territory or enter into hostilities in neutral waters or in the airspace above neutral territory, nor may it interfere with the legitimate intercourse of neutrals with the enemy, nor may it use neutral territory or waters as a base for belligerent operation, or as a starting point for an expedition.

2. Prevention: A belligerent state is duty bound to prevent the ill-treatment of neutral envoys or neutral subjects of injury to neutral property on enemy territory occupied by it.

3. Acquiescence (compliance): A belligerent state must, for instance, acquiesce in internment by a neutral state of such members of its armed forces as take refuge in neutral territory, or in the granting of temporary asylum by neutral ports to hostile warships so that necessary repairs may be effected.

Security Council: The Security Council consists of fifteen member-states. Five are permanent members-China, France, the United Kingdom, the USA, and the USSR. The other ten members of the Security Council are non-permanent, elected for two years by the General Assembly.

The number of non-permanent was increased from six to ten on January 01, 1966, as a result of an amendment of the Charter; as the membership of the United Nations increased. It was considered that the membership of the Security Council should also be increased, in order to give more states an opportunity of sitting on those two Councils.

There is an informal understanding that five of the non-permanent places should be filled by Afro-Asian states, two by Latin American states, one by an Eastern European state, and two by Western European and other states.

Functions and powers of the Security Council: Following are the functions of the Security Council:

1. Maintenance of international peace: In order to ensure prompt and effective action by the United Nations, its members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf. The Security Council’s principal functions consist on making recommendations for the peaceful settlement of disputes and taking enforcement action to deal with threats to the peace, breaches of the peace, and acts of aggression.

2. Binding decisions: The members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter. The Security Council thus has a power to take binding decisions, which member-states are under a legal obligation to obey.

3. Settlement of international disputes: Security Council is responsible for the pacific settlement of international disputes.

4. To call parties in disputes: The Security Council shall, when it deems necessary call on the parties to a dispute, the continuance of which is likely to endanger peace and security, to settle that dispute by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, action by regional agencies or under regional arrangements, or other peaceful means.

5. Investigation power: The Security Council may investigate not only any kind of dispute, but also situations which are such that they may lead to international friction or give rise to a dispute, in order to determine whether the dispute or situation is likely to endanger peace and security.

6. Recommendations for settlement: During the course of any dispute or situation, the continuance of which is likely to endanger peace and security, the Security Council may recommend appropriate procedures or methods of settlement. If all the parties to any such dispute so request, the Security Council may recommend terms of peaceful settlement.

7. Enquiry power: The Security Council may investigate not only any kind of dispute, but also ‘situations’, which are such that they may lead to international friction (wearing away) or give rise to a dispute, in order to determine whether the dispute or ‘situation’ is likely to endanger peace and security.

8. Preventive measures: Security Council is also responsible to take preventive or enforcement action to maintain peace and security.

9. Regional agreements: Security Council has to take care of regional agencies and regional agreement.

10. Control and supervision: Security Council is responsible for the control and supervision of trust territories classified as ‘strategic areas’.

11. Regulation of the members: The admission, suspension, and expulsion of members.

12. Legislative powers: Security Council has power to amend the Charter.

13. Election of the judges: The election in conjunction with the General Assembly, of the fifteen judges of the International Court of Justice.

14. Voting power: Each member of the Security Council has one vote.

15. Veto power: Members have also veto power as to binding on all the members of the United Nations.
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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.
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hey really its a huge effort from ur side ! thanks alot . may God bless u for this .

my question are these notes enough for preparation ,i mean can they for m a good base . they seem good enough

regards !
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Honestly speaking i really dont know to what extent these will be helpfull since i never appeared in css exams.However I got extra ordinary score in the university level exams.In my opinion if you have enough time to study it will be better for you to consult the books as mentioned in previous posts by Argus.

some university level important questions regarding the subject ...............

1. Some writers doubt whether International Law qualifies as law. What is your opinion?

2. The basis of International Law is human nature, reason, and justice. Discus whether you agree or not?

3. Discus treaties as one of the sources of International Law. Can International Law survive without it?

4. Explain in details the main material principal sources of Public International Law. Your answer should be in line with the Article 38 of the Statute of International Court of Justice (ICJ).

5. The scope of International Law has widened to include individuals and non-state entities. Discus. (or) Discuss the question whether International Law is exclusively concerned with the states.

6. What is meant by “Relationship between International Law and Municipal Law”? Explain it in the light of various theories expounded in this respect.

7. To what extent can municipal courts apply International Law. Answer with reference to British and US practice.

8. Discuss the legal nature and modes of Recognition of State with particular reference to the difference between “De facto” and “De jure” Recognition.

9. What do you understand by “recognition of states” and “Recognition of Governments”? Explain the rules, which govern the recognition of insurgents and its legal effects.

10. Define territorial waters. State the extent to which a coastal state can exercise its jurisdiction over these waters.

11. Write a detailed note on Succession of States.

12. Define a Treaty. What are the circumstances, which may terminate a treaty? What is ratification of a Treaty?

13. How a multilateral treaty is concluded? What are various rules for its interpretation?

14. What is intervention and when it can be permitted in International Law?

15. What is statelessness? How can it be remedied?

16. Define “Nationality”. How is it acquired and lost?

17. Define “extradition”. What are the common rules of International Law, which govern extradition in the absence of an extradition treaty?

18. Discuss the constitution, functions, and powers of the Security Council of the UNO. Discuss its failure, if any.

19. Discuss fully the powers and function of the UN General Assembly.

20. Write a detailed note on the International Court of Justice (ICJ).

21. Write a short note on the Universal Declaration of Human Rights 1948. What is its present day status? Critically examine its legal character.

22. Discuss provisions of Geneva Convention on Prisoners of War.

23. Discuss some amicable means for the settlement of international disputes.

Hopefully this will serve the purpose.

Regards.
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Kindly can anyone please define what topics r included in syllabus for IL

International Law: Public International Law,

Important cases decided by the permanent court of International Justice,

the International Court of Justice and U.N.O.,

Law of the Sea

can someone please sub categorize what come in these .


as i have taken this subject for the first time so i am confused abt some terms . kindly clear them for me . i shall be grateful

what are the legal obligations of treaty according to Strake ?

and

what is law of high Seas ?

love n dua

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thank for your effort and notes. Could you kindly suggest if I have to choose Int Law and Muslim Law which one is easier to prepare and take less time to do so?

Regards
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@janas
Quote:
Could you kindly suggest if I have to choose Int Law and Muslim Law which one is easier to prepare and take less time to do so?
If you have a background in law, then Internaltional law is the more interesting one. if you want to prepare for the exams and have never before read either Int'l Law or Muhammadan Law, then i suggest you opt for Muhammadan law. It is easier to understand and the books are fewer as compared to Int'l Law. It is modeled pretty much like Islamic studies except for the theological or jurisprudence parts.
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