AoA,

i started this thread to offer my help regarding any queries abt I.Law as subject or abt any subject matter.

i will try my best to solve ur problems submitted in this thread according to my personal experience and study in this subject

bro pls suggest me easy,precise book for ILaw. Just one book

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Forget safety.Live where you fear to live.Destroy your reputation.Be notorious

L.N.Tandon is the most authentic and only book which covers all the chapters of CSS course outline. i have also prepared 4m that very book 4 my written, u need not to do all the chapters of the book but relevant one.

special abt that book is it contains references of almost all authentic law books like Starke. almost 18 topics cover the whole course.

but i sujest u to purchase i.law book by mansoor publishers 4 easy understanding of subject matter and this book will also lead u to the technique of attempting questions with appropriate answers

can u plz tell what topics are imports for CSS EXAM??

here is the list of important and complete list of topics to be prepared for Exams

Definition of International Law and Is international Law a true Law?
Weaknesses of International Law and Sugessions
Sources of International Law
Subjects of International Law
Recognition
Nationality
Aquisition and Loss of Territory
Foreign Diplomates
Extradition
Asylum
Treaties
Neutrility
Effects of War, Prize Courts
Blocked
Settlement of International Disputes
Contradand
Piracy
Hijacking
The Law of Sea
United Nationa Organization and its Organs
Intervention
State Jurisdiction
State Territory
Human Rights Conventions
Important War crime Trials (for short Notes)


Topics in bold are of more importance bt all the above topics coves the whole course

Sources of international law
Treaties and conventions (treaties sponsored by international organizations)
Custom between nations
General principles of law recognized by civilized nations
Judicial decisions and teaching
Principle of comity—courtesies between countries based on respect, goodwill, and civility rather than law

Major international organizations
United Nations—an international organization created by a multilateral treaty in 1945
European Community (Common Market)—comprised of many countries in western Europe
Latin, Central, and South American Economic Communities
African Economic Communities
Middle Eastern Economic Communities
Asian Economic Communities

Major international courts
International Court of Justice (World Court)—the judicial branch of the United Nations; only nations, not individuals, may have cases decided by this court
European Court of Justice—the judicial branch of the European Community; has jurisdiction to enforce European Community law
Forum selection and choice of law
Forum selection indicates the judicial or arbitral forum that will hear and decide a case. Choice of law indicates the law to be applied by a court or arbitrator deciding a case.

Act of state doctrine
The act of state doctrine states that judges of one country cannot question the validity of an act committed by another country within that other country's borders. It is based on the principle that a country has absolute authority over what transpires within its own territory.

Doctrine of sovereign immunity
The doctrine of sovereign immunity states that countries are granted immunity from suits in courts of other countries. A foreign country is not immune if it has waived its immunity or if the action is based on a commercial activity carried on in the US by a foreign country.

Arbitration of international disputes
Parties to an international contract may agree that any dispute that arises between them regarding a particular transaction will be decided by mandatory arbitration. Arbitration is a non-judicial method of dispute resolution.

Criminal prosecutions in the international arena
Nations can criminally prosecute individuals or businesses that commit crimes within their territory or that violate that nation's law. Sending a person back to a country for criminal prosecution is called extradition.

__________________
Apna bhi khafa mujh se, Begane bhi Na-Khush
Main zehar-e-halahal ko kabhi kah na saka qund

Recognition of a state is usually a formal act by (the executive of) one state that acknowledges that another state exists. Recognition of a government is usually a formal act by one government acknowledging that another government is the representative of a recognized state. Recognition has legal consequences in both international and domestic law. The domestic law consequences, as well as the procedures for recognition, differ from state to state.

We also must distinguish between three concepts that are often confused:

Recognition of States--this is whether a state exists or not. There are many good examples of this--the US recognizes the statehood of Cuba, meaning that the US recognizes that Cuba meets all the elements of statehood. The US (and the rest of the world) never recognized the statehood of the South African homelands/Bantustans (Bophuthatswana, Ciskei, Transkei, etc.) that the apartheid government of South Africa tried to create in the 1970s and 1980s. Until recently, most Arab countries refused to recognize the state of Israel, believing that the creation of that state was illegal under international law. Greece refused to recognize the state of Macedonia, created from part of Yugoslavia.

Recognition of Governments--when you recognize a government you are saying that you recognize a particular government as the legitimate government of that state. (This implies that you already, or simultaneously recognize the state). The best example here was that for many years the US refused to recognize the Communist government in Russia after 1917, and the Communist government in mainland China after 1949. The state continues to exist even when there is a change, even a revolutionary change in governments. While recognition of a government is normally a formal act, sometimes an informal act is sufficient. The author uses the case Bank of China v. Wells Fargo Bank & Union Trust, (1952), p. 79 to help illustrate that it is the executive decision on recognition that almost always determines the judicial outcome. In this case, it was the nationalist government that was entitled to the assets of the state-owned bank.

There are two different tests sometimes applied to the recognition of governments:
Objective Test: If the government actually has control over the administration of the territory, and there is little resistance to its authority then it should be recognized.
Subjective Test: Does the new government satisfy some ideological criteria of the recognizing government (i.e. did it come to power through elections; will it observe its international obligations, etc.)

Diplomatic Relations. Maintaining diplomatic relations can only occur after (or simultaneously with) the recognition of statehood and recognition of government. However, some states may choose to recognize a state and a government and yet not maintain diplomatic relations with it. The Breaking of diplomatic relations is often a symbolic act (it may also have practical consequences that make interactions between the two states difficult) that happens when one state feels that it has been insulted or deceived by another state.

Much of the confusion between these concepts occurs because very often they occur at the same time. For example, when the country of Namibia became independent, the US simultaneously recognized the state, the government and established diplomatic relations. But in any case, the thing to remember is that when all three do not occur simultaneously, there is a logical order--statehood must occur before the other two, recognition of government is next and finally diplomatic relations.

Remember that states, not only governments, are regulated by international law. That means that new governments are usually bound by the commitments of prior governments, as long as they are both governments of the same state. For example, just because the US elects a new President does not mean that the American state no longer needs to honor its commitments made by a previous President. However, new states are not necessarily bound by the agreements of predecessor states. They may elect to follow those agreements, however, if they believe they are beneficial to them.

Consequences of Recognition

Recognized states are treated as having the rights and duties of states.
Recognition of a government validates the acts of that government from its establishment.
Recognition of a government gives that government, normally, access to the courts of the recognizing state (since prior to recognition that government had no legal personality in the recognizing state).
Recognition of a government gives it the right to the property of the state within the recognizing jurisdiction (i.e. embassy, papers, bank accounts, etc.).
Sovereign Immunity, to the extent available under international/national law.

__________________
Apna bhi khafa mujh se, Begane bhi Na-Khush
Main zehar-e-halahal ko kabhi kah na saka qund

THE SOURCES OF INTERNATIONAL LAW


Article 38 of the Statute of the International Court of Justice, considered by some as the "Bible of the Poor" of those who seek quick answers despite of the complexity of international relations, constitutes nevertheless a good starting point for the understanding of the sources of international law. According to this article, international law finds its origin in the following three sources:


- international conventions of general or particular nature;


- international custom, as evidence of a general practice accepted as law;


- the general principles of law recognized by civilized nations.



Most international law experts would rush to add the "unilateral acts" to these three sources of law and to declare that Article 38 of the Statute has omitted to mention these unilateral acts for which the United Nations' International Law Commission (ILC) has elaborated Guiding Principles in 2006. Contrary to this opinion, other international lawyers would maintain that these unilateral acts constitute specific expressions of the will of States leading eventually to agreements which are then governed by the rules applicable to international conventions.


Finally, the idea of justice and equity originating in the philosophy of natural law is not to be discarded as a source of international law, since it is the opinion of the International Court of Justice itself that whatever the legal argumentation of the judge, his or her decisions have to be just and in that sense must correspond to justice and equity. Moreover, the judges of the International Court of Justice are expressly authorized to decide a case ex aequo et bono, if the parties agree thereto, i.e. to found their judgements on arguments of equity (Article 38 (2) of the Statute of the International Court of Justice).


International treaty law as codified by Vienna Convention on the Law of Treaties of 1969 is open for considerations of justice too (Preambular para. 4 and 5 and Article 44 (3)). Moreover, the concept of "jus cogens" seems also to be an angle of incidence for natural law ideas.


Since, on the basis of their sovereignty and therefore independence, the equality of all States constitutes the theoretical foundation of international relations and although public international law, by definition, does not belong to civil law, international legal debates are often reminiscent of the discussions known in the latter area, in particular in the context of the law of contracts.



However, the analogy with the law of contract ends where measures are taken on the basis of Chapter VII of the Charter of the United Nations. Although they are foreseen in an international treaty - in particular by Article 25 of the Charter - these measures deserve to be highlighted because of the legal obligations they impose to the whole world, their political significance and the remarkable development they have undergone since the Gulf War of 1991. The measures taken by the Security Council and which are expressly based on Chapter VII of the Charter encompass not only military as well as economic sanctions against


- certain States (Ethiopia, Eritrea, Iraq, Yougoslavia, Sierra


Leone etc.)


- or insurgents (Angola's UNITA, see resolution


1173/1998 of 12 June 1998) or even political parties in


government (the Afghan faction of the Taliban, see res.


1267/1999 of 15 October 1999),


but also

- the creation of special tribunal to prosecute war crimes or


crimes against humanity in the territory of the former


Yougoslavia (res. 827/1993 of 25 May 1993) and in Ruanda


(res. 955/1994 of 8 November 1994)


- or of special administrative zones like in East Timor (see


res. 1272/1999 of 25 October 1999) or in Kosovo (see


res.1244/1999 of 10 June 1999)

as well as


- measures against terrorism in general (res. 1373/2001


of 28 September 2001).



These sources of international law are supplemented by two subsidiary means for the determination of rules of law (Article 38 (1)(d) of the Statute), i.e. by


- judicial decisions (although even the decisions of the


International Court of Justice have binding force only between the


parties and in respect of the particular cases submitted to the


Court - Article 59 of the Statute) and


- the teachings of the most highly qualified publicists of the


various nations.

__________________
Apna bhi khafa mujh se, Begane bhi Na-Khush
Main zehar-e-halahal ko kabhi kah na saka qund

Orginally, the international treaty rules were either part of customary international law or belonged to the general principles of law; today the rules governing international treaties which are concluded between States in written form are codified. The codification governing this legal area is the Vienna Convention on the Law of Treaties (Vienna Convention) of 1969 which has entered into force on 27 January 1980. Although the Vienna Convention is not applicable to treaties concluded before its entry into force (Article 4) it is de facto applied to those too, since it incorporates - at least to a large extent - customary rules which were already applicable before this date. Moreover, the Vienna Convention applies only in the absence of other applicable agreements and is therefore of subsidiary character.


A Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations dating from 1986 has reproduced the provisions of the Vienna Convention. It reflects to a large extent international customary law, too; however, it has not yet entered into force.


Finally, a Vienna Convention on Succession of States in respect of Treaties, concluded in 1978, entered into force in 1996, but since it has been ratified by 15 States only, it cannot be considered as a source of universal international law. Furthermore, it has hardly had any impact on state practice, the noteworthy exception being that practice widely follows the rule according to which a successor State can establish its status as party of a multilateral treaty to which its predecessor State already belonged through a declaration of succession.


Generally speaking, one can say that customary international law is rather blurred in this regard.

Basically, two types of treaties are two be distinguished:


- bilateral treaties which are concluded between two States only


and


- multilateral treaties concluded between at least three States;


the treaties which have attracted the largest numbers of


parties are called universal.


Amongst multilateral treaties, one can distinguish between "open" and "restricted" treaties. Whereas every State can become a party to the "open" ones, access to the latter category of treaties is excluded for those States which do not belong to the original States Parties, unless an agreement to the contrary has been entered into.


Hence, every State can accede to the Vienna Convention on Diplomatic Relations (open treaty), but only the signatory States of the Convention on the Regulation of the Navigation on the Danube River from 1948 could originally ratify this (restricted) treaty: hence the accessions of Austria and Germany had to be approved by the original States Parties in 1960 and 1999, respectively, by way of supplementary agreements with these two countries.


The Vienna Convention which consists of 85 articles, eight parts and an annex includes and materializes five fundamental legal principles, i.e.


1.free consent


2.good faith


3.pacta sunt servanda


4.rebus sic stantibus


5.favor contractus


Free consent and good faith (bona fide in Latin) are the leading principles which ought to be always followed by States in the course of their relations with one another.

The other major principles which also emanate from the Roman Law tradition apply in particular


- either to the conclusion of treaties:


- pacta sunt servanda (a treaty is binding upon the parties)



- or to the interpretation or application of treaties:


- omnia conventio intelligitur rebus sic stantibus


(viz. the clausula rebus sic stantibus according to which a


fundamental change of circumstances jeopardizes the validity


of treaties)


- favor contractus (it is better to seek the maintenance rather


than the termination of a treaty)

__________________
Apna bhi khafa mujh se, Begane bhi Na-Khush
Main zehar-e-halahal ko kabhi kah na saka qund

with regard to the conclusion of treaties


a)The expression of free consent


b)Pacta tertiis nec nocent nec prosunt


c)Designation of treaties



The Vienna Convention which governs agreements concluded in written form between States, confirms in its Article 6 that every State possesses capacity to conclude treaties. The will of a State finds its expression through persons who are authorized to do so or who are considered to be state representatives.


Since international treaty law in its entirety is subject to the free consent principle. it is quite logical that the Vienna Convention offers a broad choice of possibilities to express consent i.e.



- signature,


- exchange of instruments constituting a treaty


(in the case of bilateral treaties this often happens through the


exchange of notes),


- ratification,


- acceptance,


- approval,


- accession or


- by any other means if so agreed.



A typical clause of entry into force can be found in Article 84 of the Vienna Convention itself which reads:



"1. The present Convention shall enter into force on the thirtieth day following the date of deposit of the thirty-fifth instrument of ratification or accession.


2. For each State ratifying or acceding to the Convention after the deposit of the thirty-fifth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession."



The States Parties - primarily the contracting States (see Article 2 (1)(f)) - can also agree to apply a treaty provisionally pending its entry into force (Article 25). This agreement can be laid down in the treaty itself or in another way. If this done in the treaty itself, the agreement enters into force with its signature (and which in this case remains, of course, subject to ratification).


For reasons to be found in their own domestic legislation it is not possible for some States - Austria, for instance - to apply international conventions provisionally.


Finally, it should be mentioned that there are constitutions like that of Portugal which do not authorize States to express their consent through all of the means enumerated in Article 11 of the Vienna Convention; hence, for Portugal there is only a possibility to ratify or approve a treaty. Since this is the result of a domestic provision, a consent which would be expressed in a different manner would not be flawed from point of view of international treaty law, because the ways and means to express consent are already determined by customary international law and not only by the Vienna Convention

__________________
Apna bhi khafa mujh se, Begane bhi Na-Khush
Main zehar-e-halahal ko kabhi kah na saka qund