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Old Wednesday, November 07, 2012
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Default International Law Notes

Aslam o Alikum,

Dear fellows, members and seniors. I've received many requests to share material regarding International Law. So for that very purpose, me starting this thread and here I'll share the topic-wise notes of International Law. I'm sure you people will definitely speak well of my efforts.


Note: Material is extracted from different resources so wherever you people feel I'm mistaken do guide me and correct me.
Moreover, criticism and contribution of other members and seniors will be commended.



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International Law



Law:
Law is an English word it is derived from German word “Lag” which means Constant Unmovable, Static and Plane.


Definitions of Law:
There are various definitions of law some of them are the following.

Aristotle: “Whatever the ruling party enacts is called law”

John Austin: “Law is the command of sovereignty”

Woodrow Wilson: “Law is that portion of establishing thought which has distinct & in the shape of uniforms backed by the authority & power of state”

Holland: “Law is general rule of external action enforced by sovereign political authority”

J.C. Carter: “Law always has been still is and will forever continue to be custom”

Sir Henry Maine: “Law is accepting norms of society and state has to implement those laws”

Salmond: “The body of principles recognized & applied by the state in the application of justice”

So,
1. Law should be uniform.
2. It should be universal.
3. Its jurisdiction should be compulsory.
4. There should be system of course.


Divisions of Law:
1- Municipal Law (with in the country)
2- International Law (out of the country)
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Introduction to International Law



Introduction:

"International law is the body of legal rules, norms, and standards that apply between sovereign states and other entities that are legally recognized as international actors."

International law is also called Public International Law and Law of Nations.
The term was coined by the English philosopher Jeremy Bentham (1748–1832).



Definitions of International Law:

There is still no consensus among academics and other interested parties as to what international law is. There are some who argue that there is no such thing as international law as it is not imposed by a sovereign authority. However, it is not a very strong argument because all laws are not necessarily imposed by sovereign authorities. A very good example is the customs, which are practices of people. Furthermore, all relevant sectors in the international community act as if international law exists.

1. Classical Definitions:
Some classical definitions by prominent scholars are given below that don't meet with modern trends of international law
• Bentham: International law is a collection of rules governing relations between states.
• Oppenheim: Law of nations or international law is the name for the body of customary and conventional rules which are considered legally binding by the civilized states in their intercourse with each other.

2. Modern Definitions:
The earlier definition was that international law is a system of law that regulates the activity of states. However, this is not a modern definition because international law does not confine itself to States. Therefore, modern definitions for international law have been introduced. For example,
• Prof. J. G. Starke has stated that: “International law consists of a system of laws, the majority of which applies to states but also regulates activities of individuals and international organizations when it becomes the concern for the international community.”
• Schwarzen Berger: International law is body of legal rules which apply between sovereign states and such entities which have been granted international legal personality.



Disciplines of International Law:

The term "international law" can refer to three distinct legal disciplines:

• Public International Law, which governs the relationship between provinces and international entities. It includes these legal fields: treaty law, law of sea, international criminal law, the laws of war or international humanitarian law and international human rights law.
• Private International Law, or conflict of laws, which addresses the questions of (1) which jurisdiction may hear a case, and (2) the law concerning which jurisdiction applies to the issues in the case.
• Supranational Law or the law of supranational organizations, which concerns regional agreements where the laws of nation states may be held inapplicable when conflicting with a supranational legal system when that nation has a treaty obligation to a supranational collective.
The two traditional branches of the field are:
1. Jus Gentium — law of nations
2. Jus Inter Gentes — agreements between nations



Significance of International Law:

International law is the vital mechanism without which an interdependent world cannot function properly and within the bounds of law. It does not only control the states by overseeing their conduct in relation with other states, like the law prohibiting the use of armed force to settle dispute, but also maintains laws regarding individuals (e.g. human rights).

Furthermore, international law is intrinsically bound up with diplomacy, politics and conduct of foreign affairs; it is not, at all, based on an adversarial system of law, meaning thereby that many of the rules have been evolved from the practice of the states and do not bind the states in any course, which tends to make international law more flexible. Also, international law leaves a state with so many options rather than with merely one course of action, which serves as an advantage for a system so bound up with politics and diplomacy.



Global Scope of International Law:

According to Bentham's classic definition, international law is a collection of rules governing relations between states. It is a mark of how far international law has evolved that this original definition omits individuals and international organizations—two of the most dynamic and vital elements of modern international law. Furthermore, it is no longer accurate to view international law as simply a collection of rules; rather, it is a rapidly developing complex of rules and influential—though not directly binding—principles, practices, and assertions coupled with increasingly sophisticated structures and processes. In its broadest sense, international law provides normative guidelines as well as methods, mechanisms, and a common conceptual language to international actors—i.e., primarily sovereign states but also increasingly international organizations and some individuals. The range of subjects and actors directly concerned with international law has widened considerably, moving beyond the classical questions of war, peace, and diplomacy to include human rights, economic and trade issues, space law, and international organizations. Although international law is a legal order and not an ethical one, it has been influenced significantly by ethical principles and concerns, particularly in the sphere of human rights.

Above all, international law covers a wide range of laws which include the following:
• Refugee laws
• Narcotics/Drugs treaties
• Human trafficking
• Obscene publication
• World health treaties
• International trade development
• Agreement relating to independent guarantee and letter of credit.
• Protocol on road signs and signals 1947
• Contract of carriage of goods by roads.


Scope of International Law in Pakistan:

As far as the scope of international law in Pakistan is concerned, it is expanding with the passage of time. Pakistan is under an obligation to follow its international commitments arising out of any treaty, convention or international agreement, ratified by it. Further, after having ratified a treaty, it is mandatory for Pakistan to incorporate it into domestic laws by enacting implementing legislations. For instance, Dangerous Cargos Act and Maritime Zones Act, 1996 of Pakistan aim at translating its international obligations into the domestic laws. Similarly, United Nations Convention on Law of the Sea has been ratified by Pakistan and to ensure its enforcement, corresponding domestic legislation is required.



Conclusion:

Keeping in view the need of a stable and orderly international society, the relevance and pertinence of international law is all the more emphasized. In this age of globalization and an increased degree of interdependence between different countries of the world, international law can provide a viable regime to regulate intra state relations and activities. However, it is to be noted that international law has its limitations owing to concepts like state sovereignty - a sacred norm of international law. But recent developments in the arena of international law have proved that it can play a vital role in regulating international affairs through various treaties and conventions, which upon ratification, bind the state parties to observe the same. Although, as has been said earlier, there does not exist an effective tool/forum to implement these international treaties (like the corrective measures that can be resorted to by a state against its citizens in an event of non-compliance to the laws of the land), nevertheless, compliance can be ensured by means of sanctions (such as trade embargos or diplomatic cut off etc) which are of great relevance for life in the comity of nations, already becoming a global village. For example, UNSC issued 1373/01 resolution which prevents and suppress the financing of terrorist acts and 1566/04 further makes it mandatory for worldwide implementation. The importance associated to these sanctions can be traced to factors such as increased economic (trade) activity at a global level, free flow of information, formation of regional/global blocks pursuing a specific ideology/orientation, an ever increasing rate of immigration, natural as well as human resource sharing etc. All these factors have contributed to the growth of international law and at the same time highlighted the need of it. It may finally be said that starting from the limited interstate interaction between the Greek city states, international law and its need have become more relevant in the modern state system. It can help bridge the gaps of dissenting ideologies and divergent policies of sovereign states by bringing them together on a commonly agreed upon law (treaty/agreement/convention), so as to bind them into compliance and reduce friction to ensure a more orderly and peaceful world.



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2010 – Give such a definition of International Law which could cover all the modern trends in it?

Here is answer of the question asked;
Quote:
Originally Posted by Fassi View Post
2. Modern Definitions:
The earlier definition was that international law is a system of law that regulates the activity of states. However, this is not a modern definition because international law does not confine itself to States. Therefore, modern definitions for international law have been introduced. For example,
• Prof. J. G. Starke has stated that: “International law consists of a system of laws, the majority of which applies to states but also regulates activities of individuals and international organizations when it becomes the concern for the international community.”
• Schwarzen Berger: International law is body of legal rules which apply between sovereign states and such entities which have been granted international legal personality.

2008, 2005 – John Austin says "International Law is not a real Law, but a positive International Morality." Do you agree with him? Give arguments in support of your answer.

Many aspirants are asking me via mail about the answer of above said question since long time. So,

1. Get idea about answering this question from below link

Is International Law Just A Positive Morality

2. For comprehensive and well articulated answer of the above question, consult

International Law by Dr. H.O Agarwall
Page Number: 5-6
Topic Name: Austin’s View
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Old Friday, November 16, 2012
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Public International Law and
Private International law




Definition of Public International Law:

Oppenheim: "Public international is body of customary and conventional rules, which are considered binding on civilized states in there relation with each other."
Schwarnzen Berger: "International law is body of legal rules which apply between sovereign states and such entities which have been granted international legal personality.


Definition of Private International Law:

M. P Tandon: "Private international law is a body of principles determining questions as to jurisdictions and questions as to selection of appropriate law, in civil cases which present themselves for decision before a court of one state or country, but which involves a foreign element i. e. which effect foreign persons or foreign or transactions that have been entered in a foreign country or with respect of foreign system of law"
Pitt Cobbet: "Private international law is the body of rules for determining questions as to selection of appropriate law, in civil cases which present themselves for decision before the courts of one state or country, but which involve a foreign element i. e, which effect foreign persons or foreign things or transactions that had been entered into wholly or partly in a foreign country or with reference to some foreign system of law."


Distinction between Public International Law and Private International Law:

1. As to Consent:
• Public international law based on the consent of the state.
• Private international law is not based on the consent of the states.
2. As to Object:
o Public international law regulates relationship of states inter se and determines rights and duties of the subject states at international sphere.
o Private international law determines as to which law will apply of two conflicting in a particular case having foreign element.
3. As to Conflict of Laws:
o Public international law does not involve in conflicts of laws.
o Private international law involves in the conflicts of laws.
4. As to Nature:
• Public international is same for all the states.
• Private international may be different in various states.
5. As to Sources:
o Public international law has its sources in treaties, custom etc. etc.
o Private international law has its sources in the legislation of the individual state to which the litigant belongs.
6. As to Application:
o Public international law applicable to criminal as well as civil cases.
o Private international law is applicable to civil cases only, which present themselves for accession of courts of the state.
7. As to Subject:
• Public international law deals with the states.
• Private international law deals with the individuals.
8. As to Municipal Law:
Public international law is not part of municipal law.
9. As to Jurisdiction:
• Public international law does not involves determination on the question of determination.
• Private international law determines court which will have jurisdiction to decided issue in question.
10. As to Scope:
o Public international law has wider scope. it is of universe character.
o Private international law has lessor scope.


Conclusion:
To conclude it can be said that, public international law and private international law are branches of international law. Public international law is known as conflict of laws. these are different from each another but in some exceptional cases rules of private international law may become rules of public international law.




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is this from khurram amir notes??
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Quote:
Originally Posted by Elspeth View Post
is this from khurram amir notes??
Dear I'm consulting host of books of International Law so don't remember the exact source. Here is the list of resources me consulting.

1. International Law - Kapoor and Tandon
2. International Law - Dr. H.O Agarwall
3. International Law - Malcom Shaw
4. International law - J.G Starke
5. Nadeem Book Depot LLB Guide for International Law
6. Majeed Book Depot LLB Guide for International Law
7. Khurram Amir Qureshi LLB Guide for International Law
8. Eastern Law Book House LLB Guide for International Law
9. Notes by Different Academies i.e. KIPS, Officers etc. of Lahore
10. My Self-made LLB International Law Notes
11. Internet, Wikipedia and Encyclopedia Britannica

Me trying to provide you people best material so it may help you people in the best way while preparing International Law.
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2013 shall be your ist attempt??
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Fassi you are doing a great job, I am also try to get something from book published by exam cram series,,,, a good one and written by mansoor and mansha, 2013 my first and last chance, it seems life is going to be ended brother,
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Quote:
Originally Posted by Fassi View Post
Dear I'm consulting host of books of International Law so don't remember the exact source. Here is the list of resources me consulting.

1. International Law - Kapoor and Tandon
2. International Law - Dr. H.O Agarwall
3. International Law - Malcom Shaw
4. International law - J.G Starke
5. Nadeem Book Depot LLB Guide for International Law
6. Majeed Book Depot LLB Guide for International Law
7. Khurram Amir Qureshi LLB Guide for International Law
8. Eastern Law Book House LLB Guide for International Law
9. Notes by Different Academies i.e. KIPS, Officers etc. of Lahore
10. My Self-made LLB International Law Notes
11. Internet, Wikipedia and Encyclopedia Britannica

Me trying to provide you people best material so it may help you people in the best way while preparing International Law.
Will you continue to provide your guidance to young brains Fasi bro?
I am hopeful for that
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