PUBLIC INTERNATIONAL LAW

MODULE 1 INTRODUCTION OF INTERNATIONAL LAW

• INTERNATIONAL LAW – International law (also known as public international law, and the law of nations), is the
set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and
a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic
relations, and human rights.
NATURE – International Law governs how nations must interact with other nations. It is extremely useful in regulating
the issue of jurisdiction which arises when people trade among different States. The main purpose of International Law is
to promote justice, peace and common interest.
DEFINITIONS – International law is a system of treaties and agreements between nations that governs how nations
interact with other nations, citizens of other nations, and businesses of other nations.
SCOPE OF INTERNATIONAL LAW –
INTERSTATE RELATIONS AND THEIR REGULATION – The International Law has state subjects. When
civilized states came into existence then interrelation was natural. A mutual understanding and natural interrelation
became necessary. They have framed their own rules, regulations, and treaties for further transactions. The rules and
regulations are laid down categorically in these relations because it facilitates the amicable working of the functions
between the states. The rules and regulations broadly provide opportunities for different programs to be carried out by
different states. The customs followed by the countries have culminated into laws. The same path of evolution is taken
by the International Criminal Law that has been codified. The wide variety of subject matter has been covered under
International Criminal Law such as extradition treaty, refugees, human rights, and sustainable development.
INTERNATIONAL ORGANIZATIONS – A major development in the 19th and 20th century in International Law is
the prominent position of the International Organisations. The operations of these organisations is on the global, regional,
and sub-regional level. These organizations seek to achieve the objective of the welfare of people. These organizations
are funded majorly by the developed countries and they are actively supporting the developing countries for the
betterment of the lives of the people. These organizations have multi-dimensional areas of operations. These are the
major International Organisations:
1. World Bank – The World Bank provides economic support to the countries for different kinds of infrastructural
development, and also the availability of basic facilities in the developing countries.
2. International Monetary Fund – The IMF helps the countries to manage their balance of payments. The Sovereign
Debt Restructuring Mechanism of IMF aims to preserve asset value and preserve the creditor’s rights and also paves the
way with the “help agreement” for debtors to grow.
3. World Trade Organisation – The WTO supervise and regulate International Trade. This is the largest economic
organization in the world. It deals with trade of goods, services and intellectual property among the countries. It provides
a framework for negotiation and dispute resolution to countries for efficient trade.
4. European Union – The objective of the European Union is to promote scientific and technological development,
promotion of the internal trade among the European Countries, and solidarity during the time of War.
5. SAARC – The South Asian Association of Regional Corporation is created with the objective of securing peace, and
regional harmony among the South Asian Nations. It currently has 8 members. It aims to achieve scientific and
technological development.
6. ASEAN – The Association of Southeast Asian Nations is a regional intergovernmental organization comprising 10
countries, which facilitates the economic, social, political, military, educational, and socio-cultural integration among its
nation.
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7. SCO – The Shanghai Cooperation Organisation is the intergovernmental international organization that aims to
promote effective cooperation in politics, trade, economy, technology, and culture. The joint efforts will be made to
maintain peace and security in the region.
ISSUES OF NON-STATE ENTITIES AND INDIVIDUALS – The non-state actors have played a significant role in
maneuvering different important tasks that fall within the ambit of International Law. The non-state actor is a newly
emerged concept in the recent past. They are struggling to get legal recognition under International Law. They are
economically, financially, and strategically capable of doing things on the ground level. The traditional International
Law has not allowed the activities of the non-state actors and also not predicted their existence, but with the sharp rise in
the number of people who faced discrimination and oppression in the hands of sovereign governments or the ethnic
cleansing of a race from a country, these factors led to the rise of these non-state actors.
According to one definition suggested by Andrew Caplan: The non-state actors, generally understood as, including any
entity that is not a state, often referred to as a terrorist group, religious group, civil society, and corporations.
One of the pivotal reasons for not endowing the NSA with legal powers and giving them legal recognition was that the
states in traditional International Law were reluctant to share their powers. The second reason being, when the
International law will legitimize the actions of the non-state actors then they also legitimize the unlawful actions of the
non-state actors.
• CODIFICATION OF INTERNATIONAL LAW – The codification of international law refers to the more precise
formulation and systematization of rules of international law on subjects that have already been extensively covered by
State practice, precedent and doctrine.
• INTERNATIONAL LAW COMMISSION (ILC) – The International Law Commission (ILC) is a body of experts
responsible for helping develop and codify international law. It is composed of 34 individuals recognized for their
expertise and qualifications in international law, who are elected by the United Nations General Assembly (UNGA)
every five years.
The ideological roots of the ILC originated as early as the 19 th century, when the Congress of Vienna in Europe
developed several international rules and principles to regulate conduct among its members. Following several attempts
to develop and rationalize international law in the early 20 th century, the ILC was formed in 1947 by the UNGA pursuant
to the Charter of the United Nations, which calls on the Assembly to help develop and systematize international law. The
Commission held its first session in 1949, with its initial work influenced by the Second World War and subsequent
concerns about international crimes such as genocide and acts of aggression.
The ILC has since held annual sessions at the U.N. Office at Geneva to discuss and debate various topics in international
law and develop international legal principles accordingly. It is responsible for several foundational developments in
international law, including the Vienna Convention on the Law of Treaties, which establishes a framework for forming
and interpreting treaties, and the International Criminal Court, the first permanent tribunal tasked with adjudicating
offenses such as genocide and crimes against humanity.
• BRIEF INTRODUCTION TO TWAIL (THIRD WORLD APPROACH TO INTERNATIONAL LAW) – Third
World Approaches to International Law (TWAIL) is a movement encompassing scholars and practitioners of
international law and policy who are concerned with issues related to the global South.
Third World approaches to international law (TWAIL) is a critical school of international legal scholarship and an
intellectual and political movement. It is a “broad dialectic opposition to international law”, which perceives
international law as facilitating the continuing exploitation of the Third World through subordination to the West.
TWAIL scholars (known as TWAIL-ers) seek to change what they identify as international law’s oppressive aspects,
through the re-examination of the colonial foundations of international law.

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• ORIGIN AND EVOLUTION TREATY OF WESTPHALIA, 1648 – The Peace of Westphalia is the collective
name for two peace treaties signed in October 1648 in the Westphalian cities of Osnabrück and Münster. They ended the
Thirty Years’ War (1618–1648) and Eighty Years’ War (1568–1648), and brought peace to the Holy Roman Empire,
closing a calamitous period of European history that killed approximately eight million people. The Holy Roman
Emperor (Ferdinand III), the Spanish Empire, the kingdoms of France and Sweden, the United Provinces (Netherlands),
and their respective allies among the princes of the Holy Roman Empire participated in these treaties.
The negotiation process was lengthy and complex. Talks took place in two cities, because each side wanted to meet on
territory under its own control. A total of 109 delegations arrived to represent the belligerent states, but not all
delegations were present at the same time. Two treaties were signed to end the war in the Empire: the Treaty of Münster
and the Treaty of Osnabrück. These treaties ended the Thirty Years’ War in the Holy Roman Empire, with the Habsburgs
(rulers of Austria and Spain) and their Catholic allies on one side, battling the Protestant powers (Sweden and certain
Holy Roman principalities) allied with France, which was Catholic but strongly anti-Habsburg under King Louis XIV.
The separate Peace of Münster ended the Eighty Years’ War between Spain and the United Provinces.
Joachim Whaley, a leading English-language historian of the Holy Roman Empire, mentions that later commentators
such as Leibniz, Rousseau, Kant and Schiller eulogized the Peace of Westphalia as the first step towards a universal
peace, but he points out that “their projections for the future should not be mistaken for descriptions of reality”.
Scholars of international relations have identified the Peace of Westphalia as the origin of principles crucial to modern
international relations, collectively known as Westphalian sovereignty, though other historians argue that this is largely a
myth invented after the fact.
• TREATY OF VERSAILLES – The Treaty of Versailles was the most important of the peace treaties of World War I.
It ended the state of war between Germany and the Allied Powers. It was signed on 28 June 1919 in the Palace of
Versailles, exactly five years after the assassination of Archduke Franz Ferdinand, which led to the war. The other
Central Powers on the German side signed separate treaties. Although the armistice of 11 November 1918 ended the
actual fighting, it took six months of Allied negotiations at the Paris Peace Conference to conclude the peace treaty. The
treaty was registered by the Secretariat of the League of Nations on 21 October 1919.
The Treaty of Versailles established a blueprint for the postwar world. One of the most controversial terms of the treaty
was the War Guilt clause, which explicitly and directly blamed Germany for the outbreak of hostilities. The treaty forced
Germany to disarm, to make territorial concessions, and to pay reparations to the Allied powers in the staggering amount
of $5 billion.
Although US President Woodrow Wilson was opposed to such harsh terms, he was outmaneuvered by French Prime
Minister Georges Clemenceau. France was the only Allied power to share a border with Germany, and therefore suffered
the bulk of the devastation and casualties from the German war machine. The French aimed to weaken Germany to the
greatest extent possible.
Of the many provisions in the treaty, one of the most important and controversial was: “The Allied and Associated
Governments affirm and Germany accepts the responsibility of Germany and her allies for causing all the loss and
damage to which the Allied and Associated Governments and their nationals have been subjected as a consequence of
the war imposed upon them by the aggression of Germany and her allies.” The other members of the Central Powers
signed treaties containing similar articles. This article, Article 231, became known as the War Guilt clause. The treaty
required Germany to disarm, make ample territorial concessions, and pay reparations to certain countries that had formed
the Entente powers. In 1921 the total cost of these reparations was assessed at 132 billion gold marks (then $31.4 billion
or £6.6 billion, roughly equivalent to US$442 billion or UK£284 billion in 2022). Because of the way the deal was
structured, the Allied Powers intended Germany would only ever pay a value of 50 billion marks.
Prominent economists such as John Maynard Keynes declared the treaty too harsh—a “Carthaginian peace”—and said
the reparations were excessive and counter-productive. On the other hand, prominent Allied figures such as French

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Marshal Ferdinand Foch, criticized the treaty for treating Germany too leniently. This is still the subject of ongoing
debate by historians and economists.
The result of these competing and sometimes conflicting goals among the victors was a compromise that left no one
satisfied. In particular, Germany was neither pacified nor conciliated, nor was it permanently weakened. The problems
that arose from the treaty would lead to the Locarno Treaties, which improved relations between Germany and the other
European powers, and the re-negotiation of the reparation system resulting in the Dawes Plan, the Young Plan, and the
indefinite postponement of reparations at the Lausanne Conference of 1932. The treaty has sometimes been cited as a
cause of World War II: although its actual impact was not as severe as feared, its terms led to great resentment in
Germany which powered the rise of the Nazi Party.
Although it is often referred to as the “Versailles Conference”, only the actual signing of the treaty took place at the
historic palace. Most of the negotiations were in Paris, with the “Big Four” meetings taking place generally at the French
Ministry of Foreign Affairs on the Quai d’Orsay.
• UN CHARTER AND EMERGENCE OF UNO: The United Nations is an international organization founded in 1945
after the Second World War by 51 countries committed to maintaining international peace and security, developing
friendly relations among nations and promoting social progress, better living standards and human rights.
The Charter of the United Nations is the founding document of the United Nations. It was signed on 26 June 1945, in
San Francisco, at the conclusion of the United Nations Conference on International Organization, and came into force on
24 October 1945.
The United Nations can take action on a wide variety of issues due to its unique international character and the powers
vested in its Charter, which is considered an international treaty. As such, the UN Charter is an instrument of
international law, and UN Member States are bound by it. The UN Charter codifies the major principles of international
relations, from sovereign equality of States to the prohibition of the use of force in international relations.
Since the UN’s founding in 1945, the mission and work of the Organization have been guided by the purposes and
principles contained in its founding Charter, which has been amended three times in 1963, 1965, and 1973.
The International Court of Justice, the principal judicial organ of the United Nations, functions in accordance with the
Statute of the International Court of Justice, which is annexed to the UN Charter, and forms an integral part of it. (See
Chapter XIV, Article 92)
• THEORIES OF EVOLUTION – So main theories of evolution are:
Lamarckism or Theory of Inheritance of Acquired characters.
Darwinism or Theory of Natural Selection.
Mutation theory of De Vries.
Neo-Darwinism or Modern concept or Synthetic theory of evolution.
LAMARCKISM – It is also called “Theory of inheritance of acquired characters” and was proposed by a great French
naturalist, Jean Baptiste de Lamarck in 1809 A.D. in his famous book “Philosphic Zoologique”. This theory is based on
the comparison between the contemporary species of his time to fossil records.
His theory is based on the inheritance of acquired characters which are defined as the changes (variations) developed in
the body of an organism from normal characters, in response to the changes in environment, or in the functioning (use
and disuse) of organs, in their own life time, to fulfill their new needs. Thus Lamarck stressed on adaptation as means of
evolutionary modification.
DARWINISM THEORY – Charles Darwin (1809- 1882 A.D.), an English naturalist, was the most dominant figure
among the biologists of the 19th century. He made an extensive study of nature for over 20 years, especially in 1831-1836
when he went on a voyage on the famous ship “H.M.S. Beagle” and explored South America, the Galapagos Islands and
other islands.
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He collected the observations on animal distribution and the relationship between living and extinct animals. He found
that existing living forms share similarities to varying degrees not only among themselves but also with the life forms
that existed millions of years ago, some of which have become extinct.
He stated that every population has built in variations in their characters. From the analysis of his data of collection and
from Malthus’s Essay on Population, he got the idea of struggle for existence within all the populations due to continued
reproductive pressure and limited resources and that all organisms, including humans, are modified descendents of
previously existing forms of life.
In 1858 A.D., Darwin was highly influenced by a short essay entitled “On the Tendency of Varieties to Depart
Indefinitely from the Original Type” written by another naturalist, Alfred Russel Wallace (1812-1913) who studied
biodiversity on Malayan archipelago and came to similar conclusions.
Darwin and Wallace’s views about evolution were presented in the meeting of Linnean Society of London by Lyell and
Hooker on July 1, 1858. Darwin’s and Wallace’s work was jointly published in “Proceedings of Linnean Society of
London” in 1859. So it is also called Darwin-Wallace theory.
Darwin explained his theory of evolution in a book entitled “On the Origin of Species by means of Natural Selection”. It
was published on 24th Nov., 1859. In this theory, Charles Darwin proposed the concept of natural selection as the
mechanism of evolution.
MUTATION THEORY OF EVOLUTION – The mutation theory of evolution was proposed by a Dutch botanist,
Hugo de Vries (1848-1935 A.D.) in 1901 A.D. in his book entitled “Species and Varieties, Their Origin by Mutation”.
He worked on evening primrose (Oenothera lamarckiana).
A. Experiment – Hugo de Vries cultured O. lamarckiana in botanical gardens at Amsterdam. The plants were, allowed to
self pollinate and next generation was obtained. The plants of next generation were again subjected to self pollination to
obtain second generation. Process was repeated for a number of generations.
B. Observations – Majority of plants of first generation were found to be like the parental type and showed only minor
variations but 837 out of 54,343 members were found to be very different in characters like flower size, shape and
arrangement of buds, size of seeds etc. These markedly different plants were called primary or elementary species.
A few plants of second generation were found to be still more different. Finally, a new type, much longer than the
original type, called O. gigas, was produced. He also found the numerical chromosomal changes in the variants (e.g. with
chromosome numbers 16, 20, 22, 24, 28 and 30) upto 30 (Normal diploid number is 14).
C. Conclusion –
1. The evolution is a discontinuous process and occurs by mutations (L. mutate = to change; sudden and inheritable large
differences from the normal and are not connected to normal by intermediate forms). Individuals with mutations are
called mutants.
2. Elementary species are produced in large number to increase chances of selection by nature.
3. Mutations are recurring so that the same mutants appear again and again. This increases the chances of their selection
by nature.
4. Mutations occur in all directions so may cause gain or loss of any character.
5. Mutability is fundamentally different from fluctuations (small and directional changes).
So according to mutation theory, evolution is a discontinuous and jerky process in which there is a jump from one
species to another so that new species arises from pre-existing species in a single generation (macrogenesis or saltation)
and not a gradual process as proposed by Lamarck and Darwin.
NEO-DARWINISM OR MODERN CONCEPT OR SYNTHETIC THEORY OF EVOLUTION – The detailed
studies of Lamarckism, Darwinism and Mutation theory of evolution showed that no single theory is fully satisfactory.

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Neo-Darwinism is a modified version of theory of Natural Selection and is a sort of reconciliation between Darwin’s and
de Vries theories.
• SANCTIONS UNDER INTERNATIONAL LAW – International sanctions have become a key element in
contemporary international relations. They are coercive measures applied against States, non-State entities or individuals
that pose a threat to international peace and security. The objectives pursued are to modify the behaviour of an agent,
reduce its capacity for manoeuvre or weaken its position and publicly denounce those agents that pose a threat to
international peace and security. Sanctions are fundamentally preventive and should be proportionate. They are used as
an alternative to the use of armed force.
To avoid adverse effects on third parties, sanctions are, as far as possible, targeted at specific individuals or entities and
must always be in accordance with International Law and human rights. Examples may include economic-commercial
measures (the arms embargo), financial measures, or individual sanctions such as the prohibition of entry into a State or
the freezing of assets.
At present there are three main authorities imposing sanctions: the United Nations, the European Union and the
Organisation for Security and Cooperation in Europe (OSCE).

• DIFFERENCE BETWEEN PUBLIC INTERNATIONAL LAW AND MUNICIPAL LAW –

1. International law is primarily concerned with state relations, although it is not exclusively so. Municipal legislation
regulates the interactions of individuals within the state as well as between individuals and the state.
2. International law governs relations between members of the States family of nations. Municipal law, on the other
hand, governs the relationships between individuals who are subject to the jurisdiction of a particular state, as well as the
relationships that exist between this state and the individuals who are subject to it.
3. The law of the nation is a law that governs the relationship between sovereign states rather than above them.
Municipal law, on the other hand, is the law of the sovereign over persons as subjects.
4. International law is derived from states’ common will, its objects are the states themselves, and its subject matter is
international affairs. Domestic law is derived from the sovereign’s or state’s will, its subjects are persons within the state,
and its subject matter is the relationships between individuals and government.

• DIFFERENCE BETWEEN PUBLIC INTERNATIONAL LAW AND PRIVATE INTERNATIONAL LAW –

Public international law concerns itself only with questions of rights between several nations or nations and the citizens
or subjects of other nations. In contrast, private international law deals with controversies between private persons. These
controversies arise out of situations which have a significant relationship to multiple nations. In recent years the line
between public and private international law has became increasingly uncertain. Issues of private international law may
also implicate issues of public international law, and many matters of private international law have substantial
international significance.

• NATURE OF PUBLIC INTERNATIONAL LAW – Public International Law is regulated by the treaties and
globally accepted norms and customs which are included as State practice and opinio Juris. It regulates the relationship
between those nations and peoples that are prone to be affected by a particular law as they are bound by these legal codes
and rules.

• SOURCES OF INTERNATIONAL LAW - Various classifications of the sources – Sources of international law
include treaties, international customs, general widely recognized principles of law, the decisions of national and lower
courts, and scholarly writings. They are the materials and processes out of which the rules and principles regulating the
international community are developed. They have been influenced by a range of political and legal theories.

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• INTERNATIONAL CUSTOMS – Customary international law refers to binding legal rules that have developed on
global or region levels through continued practice. The test of the existence of a customary rule of law is the extent to
which it is observed in the practice and behaviour of states. Although this may seem a fuzzy or imprecise concept, it
provides for flexibility. An example is the emergence and eventual adoption of the exclusive economic zone in the law of
the sea. A measure of state practice may be provided by an array of instruments including treaties, declarations,
agreements, and other pronouncements.

• INTERNATIONAL TREATIES – International agreements are formal understandings or commitments between two
or more countries. An agreement between two countries is called “bilateral,” while an agreement between several
countries is “multilateral.” The countries bound by an international agreement are generally referred to as “States
Parties.”
Under international law, a treaty is any legally binding agreement between states (countries). A treaty can be called a
Convention, a Protocol, a Pact, an Accord, etc.; it is the content of the agreement, not its name, which makes it a treaty.
Thus, the Geneva Protocol and the Biological Weapons Convention are both treaties even though neither has the word
“treaty” in its name. Under U.S. law, a treaty is specifically a legally binding agreement between countries that requires
ratification and the “advice and consent” of the Senate. All other agreements (treaties in the international sense) are
called Executive Agreements, but are nonetheless legally binding for the U.S. under international law.
A treaty is negotiated by a group of countries, either through an organization set up for that specific purpose, or through
an existing body such as the United Nations (UN) Council for Disarmament. The negotiation process may take several
years, depending on the topic of the treaty and the number of countries participating. After negotiations are finished, the
treaty is signed by representatives of the governments involved. The terms may require that the treaty be ratified as well
as signed before it becomes legally binding. A government ratifies a treaty by depositing an instrument of ratification at a
location specified in the treaty; the instrument of ratification is a document containing a formal confirmation that the
government consents to the terms of the treaty. The ratification process varies according to the laws and Constitutions of
each country. In the U.S., the President can ratify a treaty only after getting the “advice and consent” of two thirds of the
Senate.
Unless a treaty contains provisions for further agreements or actions, only the treaty text is legally binding. Generally, an
amendment to a treaty is only binding to the states that have ratified the amendment, and agreements reached at review
conferences, summits, or meetings of the states parties are politically but not legally binding. An example of a treaty that
does have provisions for further binding agreements is the UN Charter. By signing and ratifying the Charter, countries
agreed to be legally bound by resolutions passed by UN bodies such as the General Assembly and the Security Council.
Thus, UN resolutions are legally binding on UN Member States, and no signature or ratification is necessary.
In addition to treaties, there are other less formal international agreements. These include such efforts as the Proliferation
Security Initiative (PSI) and the G7 Global Partnership Against the Spread of Weapons of Mass Destruction . Although
the PSI has a “Statement of Interdiction Principles” and the G7 Global Partnership has several statements by G7 leaders,
neither has a legally binding document that lays out specific obligations and that is signed or ratified by member
countries.
• GENERAL PRINCIPLES OF LAW AND JUDICIAL DECISIONS – Included in the list of sources of international
law in Article 38 of the International Court of Justice Statute are “general principles of law recognized by civilized
nations” (i.e. general principles of fairness and justice which are applied universally in legal systems around the world).
Examples of these general principles of law are laches, good faith, res judicata, and the impartiality of judges.
International tribunals rely on these principles when they cannot find authority in other sources of international law.
These general principles of law can be found in decisions of international tribunals and national courts; references to
them may also be found in the teachings of the “most highly qualified publicists” (i.e., eminent international law
scholars). In fact, Article 38 includes judicial decisions (of both international and municipal tribunals) and scholarly

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writings as “subsidiary means for the determination of rules of law;” in other words, these are not authorities, rather they
are evidence of the sources of international law.

• SOFT LAWS – Soft laws are legally non-binding instruments that are utilised for a variety of reasons, including to
strengthen member commitment to agreements, reaffirm international norms, and establish a legal foundation for
subsequent treaties.

MODULE 2 (SUBJECTS OF INTERNATIONAL LAW AND RELATIONSHIP BETWEEN

INTERNATIONAL LAW AND MUNICIPAL LAW)
• Theories regarding subjects of International law – There are 3 theories:
1. Realist Theory
2. Fictional Theory
3. Functional Theory
REALIST THEORY – If we see what the followers of this theory think then we come to know that according to them
the only subject of International law is the Nation States. They believe that the Nation-states are the only entities for
whose conduct the International law comes into existence. The Nation States have separate legal entities and have their
own rights, duties and obligations which they can possess under International law. So, according to the followers of the
Realist theory, Nation-states are the ultimate and only subjects of International law.
FICTIONAL THEORY – According to the supporters of the fictional theory the only subjects of international law are
the individuals not the nation-states. The reason they gave that the legal orders are for the conduct of human beings and
for their wellness. And there’s nothing much difference between Nation States and an individual because Nation States
are the aggregate of the individuals. And according to the followers individuals are the sole subjects of International law.
FUNCTIONAL THEORY – In both the theories i.e. Realistic and Fictional adopted their opinion without considering
other subjects of International law. But the functional theory tends to meet both the extremist theories. According to this
theory neither Nation States nor individuals are the only subjects of International law. Even, not only the Nation States
and individuals are the subjects of International law but other entities have been granted international personality and
status and considered as Subjects of International law.
After analyzing all the three theories then according to my view Functional theory is more accurate and best suited for
the modern area of International law and also found suitable according to the world condition and trend. Declaring any
one subject as the sole subject of International law is never a solution and hence, the other two theories lag behind than
the Functional Theory.
• STATES AND INTERNATIONAL ORGANIZATIONS – International law is an arrangement of various
settlements between various countries which helps in building up and keeping up with participation among various
countries and furthermore oversees the connection between various countries and how one country associates with
different countries. Or then again we can likewise say that International law is a bunch of standards which is comprised
of by various countries through various deals and standard practices and that standards direct the connection of one
country to different countries. International law is isolated or grouped into two branches for example Public International
law and Private International law.
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Public International law is a part of International law which manages the connections between countries. It additionally
alludes to those laws, decides and various rules that worry the direct of various countries. This implies how every
country will act with different countries and manages the distinctive International organizations and sets their job.
The essential thought process in the production of Public International law is between administrative organizations like
the United Nations through the assistance of international deals. Public international law incorporates helpful law, natural
law, common liberties law, and these laws control the matter or issue of these spaces especially.
Private International law is that part of International law that arrangements with the contention between private
substances like the huge corporate area which have an organization in more than one country. Private International law
oversees the struggles in the home-grown laws of various countries which is identified with the private exchanges of
countries. There is no boundary between National laws and Private International law since National laws are the essential
wellspring of Private International Law.
• SUBJECT OF INTERNATIONAL LAW
A subject of international law is – An element equipped for having international rights and obligations and supplied with
the ability to make a lawful move in the international plane.
Before, States were viewed as the main subjects of international law and the main lawful people, having the entirety of
rights and obligations perceived by international law. With advancements in international law particularly the foundation
of the UN, other non-state entertainers like international organizations have arisen and it has become certain that States
are not by any means the only subjects of international law.
INTERNATIONAL ORGANIZATIONS – Under the 1986 Vienna Convention on the Law of Treaties among States
and International Organizations or between International Organizations, an international organization is characterized as
a inter legislative organization. This definition obviously avoids non-legislative organizations. An international
organization can likewise be characterized as “a relationship of States set up by and in view of a settlement, which seeks
after normal points and which has its own uncommon organs to satisfy specific capacities inside the organization”.
There are various sorts of international organizations, these include –
UNIVERSAL ORGANIZATIONS – which are otherwise called open organizations. Enrollment of such an
organization isn’t limited to any locale however is available to all States fulfilling its participation necessities. A model is
the UN.
REGIONAL ORGANIZATIONS – these are organizations made by States that share a typical geographic or strategy
security. Participation is confined to a specific gathering of States model States of a specific area like the AU, or States
with a typical strategy like NATO.
SUPRANATIONAL ORGANIZATIONS – these are crossover organizations made out of States. They are organized
in a manner like government States. They settle on choices restricting straightforwardly on part States and their nationals,
and their laws have incomparability over, and abrogate clashing, public laws of part States.
A run of the mill model is the European union. The EU is set up so that EU law doesn’t just tie part States which it
manages, yet has direct impact on the nationals of these part States. Rights and commitments made by EU law should be
maintained by the home-grown courts of part States.
There are various sorts of international organizations, these include:
Features of International Organizations – As set up, international organizations, similar to States are subjects of
international law.
There are anyway a few contrasts between the two subjects specifically –
SOVEREIGNTY: While a State is a sovereign element, an international organization is made out of sovereign States.

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TERRITORY: States as an issue of law have a characterized region over which they practice control international
organizations then again don’t have an area yet they can an anyway direct an area. For example the UNMIK in Kosovo.
Unlike States, international organizations don’t appear based on broad international law yet through a show which
contains their constitution.
COMPETENCE: A State has a conventional skill. To achieve its objectives, it can tie itself through political, financial,
social and specialized connections. An international organization then again has explicit skill it is restricted to the
objectives set out in its Charter.
IMMUNITY: States have resistance by goodness of being States their insusceptibility is accommodated under broad
international law, though the invulnerability of international organizations depends on understanding and is restricted to
the need of its capacities.
EQUALITY: All States are equivalent under international law paying little mind to how large or little they are. This
isn’t something similar for international organizations.
• INDIVIDUALS AND NON-STATE ACTORS AS SUBJECTS OF INTERNATIONAL LAW – According to this
theory neither Nation States nor individuals are the only subjects of International law. Even, not only the Nation States
and individuals are the subjects of International law but other entities have been granted international personality and
status and considered as Subjects of International law.
Subjects of International law means different entities which possess international personality. Or we can also say that
those entities whose rights, duties, and obligations come under the International law and these entities have the power to
confer these rights, duties and international obligations through the international claim. Subjects of International law
does not mean different types of international law. It simply means the entities which have rights and power conferred in
International law.
Non-State entities are those types of entities that are not registered as an independent state and also not have a legal
status like the states have. The Non-State entities have a special type of personality in International law.
As they have not been registered as an independent state yet the Non-State entities have the right to participate in
international conferences and in every treaty. But one thing more that differs it from the states is that the Non-State
entities the rights and duties of Non-State entities are not similar to the state and their functions and power were also
limited as compared to the state. Non-State entities existed for a particular function and this reason is considered for the
limitation of rights and duties of Non-State entities. These entities fall into different categories i.e. Member of the
Composed States or federal states, Insurgents and Belligerents, National Liberation movements, International territories.
• THEORIES REGARDING RELATIONSHIP BETWEEN INTERNATIONAL LAW AND MUNICIPAL
LAW– The theories of monism and dualism are the two main theories that explain the relationship between international
and municipal law. The main differences between international and municipal law are thought to be the sources of law,
its subjects, and subject matter.
The terms monism and dualism are used to describe two different theories of the relationship between international law
and national law. Many states, perhaps most, are partly monist and partly dualist in their actual application of
international law in their national systems.
MONISM – Monists accept that the internal and international legal systems form a unity. Both national legal rules and
international rules that a state has accepted, for example by way of a treaty, determine whether actions are legal or
illegal. In most so-called “monist” states, a distinction between international law in the form of treaties, and other
international law, e.g., customary international law or jus cogens, is made; such states may thus be partly monist and
partly dualist.

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In a pure monist state, international law does not need to be translated into national law. It is simply incorporated and has
effect automatically in national or domestic laws. The act of ratifying an international treaty immediately incorporates
the law into national law; and customary international law is treated as part of national law as well. International law can
be directly applied by a national judge, and can be directly invoked by citizens, just as if it were national law. A judge
can declare a national rule invalid if it contradicts international rules because, in some states, international rules have
priority. In other states, like in Germany, treaties have the same effect as legislation, and by the principle of Lex posterior
derogat priori (“Later law removes the earlier”), only take precedence over national legislation enacted prior to their
ratification.
In its most pure form, monism dictates that national law that contradicts international law is null and void, even if it post-
dates international law, and even if it is constitutional in nature. From a human rights point of view, for example, this has
some advantages. For example, a country has accepted a human rights treaty, such as the International Covenant on Civil
and Political Rights, but some of its national laws limit the freedom of the press. A citizen of that country, who is being
prosecuted by his state for violating this national law, can invoke the human rights treaty in a national courtroom and can
ask the judge to apply this treaty and to decide that the national law is invalid. They do not have to wait for national law
that translates international law.
DUALISM – Dualists emphasize the difference between national and international law, and require the transposition of
the latter into the former. Without this translation, international law does not exist as law. International law has to be
national law as well, or it is no law at all. If a state accepts a treaty but does not adapt its national law in order to conform
to the treaty or does not create a national law explicitly incorporating the treaty, then it violates international law. But
one cannot claim that the treaty has become part of national law. Citizens cannot rely on it and judges cannot apply it.
National laws that contradict it remain in force. According to dualists, national judges never apply international law, only
international law that has been translated into national law.
If international law is not directly applicable, as is the case in dualist systems, then it must be translated into national law,
and existing national law that contradicts international law must be “translated away”. It must be modified or eliminated
in order to conform to international law. Again, from a human rights point of view, if a human rights treaty is accepted
for purely political reasons, and states do not intend to fully translate it into national law or to take a monist view on
international law, then the implementation of the treaty is very uncertain.
• STATE PRACTICES INCLUDING INDIA’S PRACTICE – The Indian Constitution ensures high regard to
international law. Article 51 of the Indian Constitution serves only as a directive of State Policy – “to endeavour a) to
promote international peace and security; b) to maintain just and honourable relations between nations; c) to foster
respect for International law and treaty obligations in the dealing of organised people with one another; and d) to
encourage settlement of international disputes by arbitration.”
Although the Directive Principles of State Policy in this regard may not be enforceable under the Constitution, its
principle is fundamental in the making of laws. The non-enforceability of Article 51 does not hinder the government
from implementing or executing the provisions of the international treaty. Also, the Judiciary through it judgments can
interpret the provisions of the international treaties or conventions into the municipal laws of the country.
It is noteworthy to cite the ruling in A.D. M Jabalpur v. Shukla. In that case, Justice H.R. Khanna held that, “if there was
a conflict between the provisions of an international treaty and the municipal law, it is the latter that will prevail. But if
two constructions of the municipal law were possible the court should give that construction which might bring harmony
between municipal law and international law or treaty.” In contrast to the situation in India, it is interesting to compare
and analyse the application of International law in the European Union.” In contrast to the situation in India, it is
interesting to compare and analyse the application of International law in the European Union.
• BRITISH PRACTICE AND THE PRACTICE OF THE USA REGARDING THEIR RELATIONSHIP –
HISTORY OF THE SPECIAL RELATIONSHIP – The first, short-lived British colony in Virginia was organized in
1584, and permanent English settlement began in 1607. The United States declared its independence from Great Britain
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in 1776. The American Revolutionary War ended in 1783, with Great Britain recognizing U.S. independence. The two
countries established diplomatic relations in 1785. The United States broke relations when it declared war on the United
Kingdom during the War of 1812; relations were reestablished in 1815.
The United States has no closer ally than the United Kingdom, and British foreign policy emphasizes close coordination
with the United States. Bilateral cooperation reflects the common language, ideals, and democratic practices of the two
nations. Relations were strengthened by the United Kingdom’s alliance with the United States during both World Wars,
in the Korean conflict, in the Persian Gulf War, in Operation Iraqi Freedom, and in Afghanistan, as well as through its
role as a founding member of the North Atlantic Treaty Organization (NATO). The United Kingdom and the United
States continually consult on foreign policy issues and global problems and share major foreign and security policy
objectives.
Regarding Northern Ireland, which is part of the United Kingdom, “Nationalist” and “Republican” groups seek a united
Ireland that includes Northern Ireland, while “Unionists” and “Loyalists” want Northern Ireland to remain part of the
United Kingdom. U.S. priorities continue to be supporting the peace process and devolved political institutions in
Northern Ireland and encouraging the implementation of the U.S.-brokered 1998 Belfast Agreement, also known as the
Good Friday Agreement, and the 2006 St. Andrews Agreement.
U.S. ASSISTANCE TO THE UNITED KINGDOM - The International Fund for Ireland (IFI), created in 1986,
provides funding for projects to generate cross-community engagement and economic opportunity in Northern Ireland
(the United Kingdom) and the border counties of Ireland. Since the IFI’s establishment, the United States and EU have
contributed the vast majority of funds, with the United States allocating more than $543 million over the lifespan of the
IFI.
Funding for IFI is obligated via USAID. Annual funding since FY1986 is available via the sites below:
1. U.S. Foreign Aid dashboard: Ireland
2. The International Fund for Ireland (.com website)
BILATERAL ECONOMIC RELATIONS – Mutual trade and investment are at the heart of our prosperity, and our
commitment to free market values enables our economies to thrive. The United States and the United Kingdom are the
world’s first and fifth largest economies in the world. We currently trade over $260 billion worth of goods and services
each year. We are each other’s number one source of foreign direct investment and two-way direct investment totals over
$1 trillion.
Every U.S. state has jobs that are connected to an investment by a U.K. company. More than 1.2 million Americans work
for U.K. companies in the United States, and over 1.5 million Britons are directly employed by U.S. firms. The top U.S.
exports to the United Kingdom include aircraft, machinery, financial and travel services, and agricultural products, such
as wine and beer.
The United Kingdom’s Membership in International Organizations – Along with France, both the United States and the
United Kingdom are among the five permanent members of the UN Security Council (P5) and are founding members of
NATO. In addition, the United Kingdom and the United States belong to the Organization for Security and Cooperation
in Europe (OSCE), G-20, G-7, Organization for Economic Cooperation and Development (OECD), International
Monetary Fund (IMF), World Bank, and World Trade Organization. The United Kingdom also is an observer to the
Organization of American States.

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Module 3 (STATE RECOGNITION)
• RECOGNITION OF STATES AND THE THEORIES OF RECOGNITION OF A STATE
The process in which a state acknowledges another entity as a state is known as recognition. This can involve an overt
statement or an action that implies an intent to recognize the entity as a state. Each state can make its own decision about
whether recognition is appropriate, which can carry significant political weight. For example, recognition is usually
required to establish sovereign and diplomatic immunities.
International law contains two theories of recognition. The constitutive theory of recognition holds that a state does not
exist until it receives recognition. By contrast, the declaratory theory of recognition holds that a state exists without
recognition, which is merely an acknowledgment of an existing situation. The declaratory theory has become the
prevailing view. That said, an entity likely has a stronger claim to statehood when it has received recognition from many
other states. This is especially true if questions surround its ability to meet the criteria under the Montevideo Convention.
https://blog.ipleaders.in/recognition-state-international-law

• RECOGNITION OF GOVERNMENTS
When a state recognises a government, it acknowledges a group of persons as competent to act as an organ of the state in
question and represent it in international law.
In practice, the former government sometimes remains recognised as the legitimate government (the de jure
government), even if it has lost effective control of the state.

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This control is exercised on the ground by a new, different government (the de facto government). If a state maintains
normal diplomatic relations with a new government, it is merely a declaration that the new government is effective but
not legitimate. One doctrine holds that a government that has come to power by coup d’état or revolution should not be
recognised or regarded as legitimate until it has received democratic confirmation.
Change of regime can happen in two ways -
1. Normal course (constitutional way)
2. Coup d’ eat’ (revolt or revolution)

• MODES OF RECOGNITION: DE FACTO AND DE JURE RECOGNITION

There are two modes of recognition of State:
• De facto Recognition
• De Jure Recognition
DE FACTO RECOGNITION - De facto recognition is a provisional recognition of statehood. It is a primary step to de
jure recognition. It is a temporary and factual recognition as a state, and it can either be conditional or without any
condition.
This mode recognition is granted when a new state holds a sufficient territory and control over a particular territory, but
the other existing states consider that it does not have enough stability or any other unsetting issues. So, we can consider
it as a test of control for newly formed states. De facto recognition is a process of acknowledging a new state by a non-
committal act.
The state having de facto recognition are not eligible for being a member of the United Nations. e.g., Israel, Taiwan,
Bangladesh.
DE JURE RECOGNITION - De jure recognition is the recognition of a new state by the existing state when they
consider that the new state fulfils all the essential characteristics of a state. The de jure recognition can be granted either
with or without granting de facto recognition. This mode of recognition is granted when the newly formed state acquires
permanent stability and statehood The De jure mode of recognition grants the permanent status of a newborn state as a
sovereign state.
In the case of Luther v. Sagar, it was held in this case that for the purpose of giving effect to the internal acts of the
recognised authority there is no distinction between de facto and de jure.
Example of De Facto and De Jure Recognition:
1. One of the examples of de facto and de jure recognition is the recognition of the Soviet Union was established in 1917.
It was de facto recognised by the government of UK in 1921 but it was not given de jure recognition until 1924.
2. Bangladesh was established in March 1971. India and Bhutan recognised it just after 9 months of establishment but the
United States gave it legal recognition after nearly 1 year in April 1972.
Difference between De facto Recognition and De jure Recognition
1. De facto recognition is a provisional and factual recognition.
De jure recognition is legal recognition.
2. De facto recognition is granted when there is the fulfilment of the essential conditions of statehood.
De jure recognition is granted when the state fulfils all the essential condition of states along with sufficient control and
permanency.
3. De facto recognition is a primary step towards grant of de jure recognition.
De jure recognition can be granted either with or without grant of de facto recognition.
4. De facto recognition can either be conditional or non-conditional.
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De jure recognition is a final and non-conditional recognition
5. De facto recognition is revocable in nature.
De jure recognition is non-revocable.
6. The states recognised under this mode have only a few rights and obligations against other states.
The state recognised under this mode have the absolute right and obligations against other states.
7. The state with de facto cannot undergo state succession.
The state with de jure recognition can under state succession.
8. The state with de facto recognition cannot enjoy full diplomatic immunities.
The state with de jure recognition enjoys full diplomatic immunities.

• BELLIGERENCY AND INSURGENCY

When a state goes in a state of belligerency where the rebels have a considerable control over a substantial territory of
nation, the rebels may be recognized by the existing state. Such recognition is said to be recognition of belligerency.
There are following conditions by the movement of rebels to recognize by other states:
1. That the movement shall be of a general character.
2. That rebels shall have in possession a substantial part of the national territory.
3. That they are giving respect and bind themselves for the warfare laws and other international duties.
4. That they have a proper force. If the above conditions have been fulfilled by rebels then they may recognized by other
existing states, and shall enjoy the international rights.
The recognition by existing states the de facto authority over a large territory of the rebels is said to be insurgency. In
case of insurgency the rebels or the insurgents occupy a large part of the national territory which was formerly governed
by the parent government. And if they are capable to control over that occupied part then the existing states may
recognize it.
Prior to recognize the insurgency it is necessary for the recognizing state to satisfy the following conditions;
1. Firstly, when insurgents occupies a considerable parent state’s territory,
2. Secondly, they have a support from the majority of the citizens of the parent state,
3. Thirdly, they are acting under a proper command and,
4. Fourthly, they have good control over the occupied territory.
When the in case of an insurgency the above requirements have been complied with then it is on the discretion of the
existing state weather to recognize or not.

• TYPES OF RECOGNITION
https://www.srdlawnotes.com/2017/07/kinds-forms-of-recognition-state.html?m=1

• THE LEGAL EFFECTS OF RECOGNITION

Non-recognition does not mean that the entity does not qualify for Statehood. Recognition should however be granted
because it has important legal consequences. The recognized State acquires certain rights, privileges and immunities
under international law as well as municipal law. The typical act of recognition has two legal functions: firstly, the
determination of statehood, a question of law, secondly, the act of recognition is a condition of the establishment of
formal, optional and bilateral relations, including diplomatic relations and the conclusion of treaties.
Recognition means an existing State letting know the political entity of another State. Recognition helps a state or
government enormously by all means. There are legal effects of recognition, such as the Recognised State becoming
entitled to sue in the courts of the recognising State. Recognized State is entitled to sovereign immunity for itself and its
property in the courts of the recognising State. Above all, it is entitled to succession and possession of property situated
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in the territory of the recognising State. It may enter into diplomatic and treaty relationships with the recognising State
(de jure recognition).
Recognising State affects past legislative and executive acts of recognised State (retroactivity of recognition). When a
regime changes through a revolt, the former government is sometimes recognised as the legitimate government (the de
jure government).
• STATE SUCCESSION AND RECOGNITION AND ITS CONSEQUENCES
Upon succession, the new State is completely free of the obligations of the predecessor State. The successor State does
not exercise its jurisdiction over the territory in virtue of a transfer of power from its predecessor but it has acquired the
possibility of expanding its own sovereignty.
Succession of states is a concept in international relations regarding a successor state that has become a sovereign state
over a territory (and populace) that was previously under the sovereignty of another state. The theory has its roots in
19th-century diplomacy.
A successor state often acquires a new international legal personality, which is distinct from a continuing state, also
known as a continuator or historical heir, which despite change to its borders retains the same legal personality and
possess all its existing rights and obligations.

• NON-RECOGNITION
• ESTRADA DOCTRINE - (Recognize Existence of Government not Legitimacy) 1930, named after Mexican
Secretary of Foreign Affairs, Genaro Estrada, the doctrine states that; Recognition of government should be based on its
de facto existence rather than on its legitimacy. This policy based on the principles of non-intervention and self-
determination of all nations does not allow the states to assess the legitimacy of governments of other each others.
• STIMPSON DOCTRINE - 1932, named after American Secretary of State, Stimson, this doctrin pledged, Not to
recognize international territorial changes brought about by the aggression. The doctrine was application of a principle,
'ex injuria jus non oritur' means illegal act cannot create law. Later, in 1970, UN General Assembly declared that, 'no
territorial acquisition resulting from the threat or use of force shall be recognized as legal.'
But in practice this theory has not been put into effect same as the others. For instance, UK, though late but gave de jure
recognition to the Italian conquest of Ethiopian land in 1936 and also the Soviet conquest of Baltic Republics (Estonia,
Latvia, and Lithuania) in 1940. Thus the doctrine could prevent recognition but mere delayed.
The theory also had one positive application in 1990 when UNSC adopted a resolution for not recognizing the Iraqi
annexation of Kuwait.
• HALLSTEIN DOCTRINE - Doctrine named after Walter Hallstein, was a key principle in the foreign policy of the
Federal Republic of Germany (West Germany) from 1955 to 1970. As usually presented, it prescribed that the Federal
Republic would not establish or maintain diplomatic relations with any state that recognized the German Democratic
Republic (East Germany). In fact it was more nuanced. There was no public official text of the "doctrine", but its main
architect, Wilhelm Grewe, explained it publicly in a radio interview. Konrad Adenauer, who served as Chancellor of
Germany from 1949 to 1963, explained the outlines of the policy in a statement to the German parliament on 22
September 1955. It meant that the Federal German government would regard it as an unfriendly act (acte peu amical) if
third countries were to recognize the "German Democratic Republic" (East Germany) or to maintain diplomatic relations
with it – with the exception of the Soviet Union (as one of the Four Powers responsible for Germany). The West German
response to such could mean breaking off diplomatic relations, though this was not stated as an automatic response under
the policy and in fact remained the ultima ratio (last resort).
The Federal Republic abandoned important aspects of the doctrine after 1970 when it became difficult to maintain, and
the Federal government changed its politics towards the German Democratic Republic. The Four Power Agreement on

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Berlin in 1971 and the signing of the Basic Treaty in 1972 brought an end to the doctrine, in accordance with the new
strategy of Ostpolitik.

MODULE 4 (LAW OF THE SEA)

• FIRST, SECOND AND THIRD UN CONFERENCES ON THE LAW OF SEA
FIRST CONFERENCE
In 1956, the United Nations held its first Conference on the Law of the Sea (UNCLOS I) at Geneva, Switzerland.
UNCLOS-I resulted in four treaties concluded in 1958:
• Convention on the Territorial Sea and Contiguous Zone, entry into force: 10 September 1964
• Convention on the Continental Shelf, entry into force: 10 June 1964
• Convention on the High Seas, entry into force: 30 September 1962
• Convention on Fishing and Conservation of Living Resources of the High Seas, entry into force: 20 March 1966
Although UNCLOS I was considered a success, it left open the important issue of breadth of territorial waters.
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SECOND CONFERENCE
In 1960, the United Nations held the second Conference on the Law of the Sea ("UNCLOS II"); however, the six-week
Geneva conference did not result in any new agreements. Generally speaking, developing nations and third world
countries participated only as clients, allies, or dependents of the United States or the Soviet Union, with no significant
voice of their own.
THIRD CONFERENCE
The issue of varying claims of territorial waters was raised in the UN in 1967 by Arvid Pardo of Malta, and in 1973 the
Third United Nations Conference on the Law of the Sea convened in New York. In an attempt to reduce the possibility
of groups of nation-states dominating the negotiations, the conference used a consensus process rather than majority
vote. With more than 160 nations participating, the conference lasted until 1982. The resulting convention came into
force on 16 November 1994, one year after the 60th state, Guyana, ratified the treaty.
The convention introduced a number of provisions. The most significant issues covered were setting limits, navigation,
archipelagic status and transit regimes, exclusive economic zones (EEZs), continental shelf jurisdiction, deep seabed
mining, the exploitation regime, protection of the marine environment, scientific research, and settlement of disputes.
The convention set the limit of various areas, measured from a carefully defined baseline. (Normally, a sea baseline
follows the low-water line, but when the coastline is deeply indented, has fringing islands or is highly unstable, straight
baselines may be used.)

• MARITIME ZONES
INTERNAL WATERS - Covers all water and waterways on the landward side of the baseline. The coastal state is free
to set laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal waters. A vessel
in the high seas assumes jurisdiction under the internal laws of its flag State.
TERRITORIAL WATERS - Out to 12 nautical miles (22 kilometres; 14 miles) from the baseline, the coastal state is
free to set laws, regulate use, and use any resource. Vessels were given the right of innocent passage through any
territorial waters, with strategic straits allowing the passage of military craft as transit passage, in that naval vessels are
allowed to maintain postures that would be illegal in territorial waters. "Innocent passage" is defined by the convention
as passing through waters in an expeditious and continuous manner, which is not "prejudicial to the peace, good order or
the security" of the coastal state. Fishing, polluting, weapons practice, and spying are not "innocent", and submarines and
other underwater vehicles are required to navigate on the surface and to show their flag. Nations can also temporarily
suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the protection of their
security.
ARCHIPELAGIC WATERS - The convention set the definition of "Archipelagic States" in Part IV, which also defines
how the state can draw its territorial borders. A baseline is drawn between the outermost points of the outermost islands,
subject to these points being sufficiently close to one another. All waters inside this baseline are designated
"Archipelagic Waters". The state has sovereignty over these waters mostly to the extent it has over internal waters, but
subject to existing rights including traditional fishing rights of immediately adjacent states. Foreign vessels have right of
innocent passage through archipelagic waters, but archipelagic states may limit innocent passage to designated sea lanes.
CONTIGUOUS ZONE - Beyond the 12-nautical-mile (22 km) limit, there is a further 12 nautical miles (22 km) from
the territorial sea baseline limit, the contiguous zone. Here a state can continue to enforce laws in four specific areas
(customs, taxation, immigration, and pollution) if the infringement started or is about to occur within the state's territory
or territorial waters.[19] This makes the contiguous zone a hot pursuit area.
EXCLUSIVE ECONOMIC ZONES (EEZs) - These extend 200 nmi (370 km; 230 mi) from the baseline. Within this
area, the coastal nation has sole exploitation rights over all natural resources. In casual use, the term may include the
territorial sea and even the continental shelf. The EEZs were introduced to halt the increasingly heated clashes over
fishing rights, although oil was also becoming important. The success of an offshore oil platform in the Gulf of Mexico
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in 1947 was soon repeated elsewhere in the world, and by 1970 it was technically feasible to operate in waters 4,000
metres (13,000ft) deep. Foreign nations have the freedom of navigation and overflight, subject to the regulation of the
coastal states. Foreign states may also lay submarine pipes and cables.
CONTINENTAL SHELF - The continental shelf is defined as the natural prolongation of the land territory to the
continental margin's outer edge, or 200 nautical miles (370 km) from the coastal state's baseline, whichever is greater. A
state's continental shelf may exceed 200 nautical miles (370 km) until the natural prolongation ends. However, it may
never exceed 350 nmi (650 km; 400 mi) from the baseline; nor may it exceed 100 nmi (190 km; 120 mi) beyond the
2,500 metres (8,200 ft) isobath (the line connecting the depth of 2 500 m). Coastal states have the right to harvest mineral
and non-living material in the subsoil of its continental shelf, to the exclusion of others. Coastal states also have
exclusive control over living resources "attached" to the continental shelf, but not to creatures living in the water column
beyond the exclusive economic zone.
The area outside these areas is referred to as the "High Seas" or simply "the Area".
Aside from its provisions defining ocean boundaries, the convention establishes general obligations for safeguarding the
marine environment and protecting freedom of scientific research on the high seas, and also creates an innovative legal
regime for controlling mineral resource exploitation in deep seabed areas beyond national jurisdiction, through an
International Seabed Authority and the common heritage of mankind principle.
Landlocked states are given a right of access to and from the sea, without taxation of traffic through transit states.

•AUTHORITIES ESTABLISHED UNDER THE UNCLOS

• INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA (ITLOS) - Established by the UNCLOS, the
International Tribunal for the Law of the Sea is an independent judicial body that adjudicates disputes arising out of the
convention. ITLOS was signed on December 10, 1982, and entered into force on November 16, 1994. To know more
about ITLOS, refer to the linked page.
• INTERNATIONAL SEABED AUTHORITY - It was formed in 1994 for regulating the exploration and exploitation
of marine non-living resources of oceans in international waters.
To know about the functions of the International Seabed Authority, refer to the linked page.
• COMMISSION ON THE LIMITS OF THE CONTINENTAL SHELF (CLCS) - Established under the United
Nations Convention on the Law of the Sea, CLCS is responsible for facilitating the implementation of UNCLOS with
respect to the establishment of the outer limits of the continental shelf beyond 200 nautical miles.

MODULE 5 (THE UNO: ORGANS AND ITS SPECIALIZED AGENCIES)

• TREATY OF VERSAILLES
The Treaty of Versailles was the most important of the peace treaties of World War I. It ended the state of war between
Germany and the Allied Powers. It was signed on 28 June 1919 in the Palace of Versailles, exactly five years after the
assassination of Archduke Franz Ferdinand, which led to the war. The other Central Powers on the German side signed
separate treaties. Although the armistice of 11 November 1918 ended the actual fighting, it took six months of Allied
negotiations at the Paris Peace Conference to conclude the peace treaty. The treaty was registered by the Secretariat of
the League of Nations on 21 October 1919.

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Origin - The Treaty of Versailles was the primary treaty produced by the Paris Peace Conference at the end of World
War I. It was signed on June 28, 1919, by the Allied and associated powers and by Germany in the Hall of Mirrors in the
Palace of Versailles and went into effect on January 10, 1920.
History - The Treaty of Versailles is one of the most controversial armistice treaties in history. The treaty's so-called
“war guilt” clause forced Germany and other Central Powers to take all the blame for World War I. This meant a loss of
territories, reduction in military forces, and reparation payments to Allied powers.
Failure - It is widely agreed that the Treaty of Versailles failed because it was filled with harsh punishment and
unrealistic expectations of massive reparations payments and demilitarization imposed on Germany for its wrongdoing.
Fundamentally, the Versailles Treaty was not a peace treaty but rather a quintessential example of revenge.
The Treaty of Versailles is often referred to as the hated treaty - this is due to the fact that the leaders of America,
Britain, France and Germany were all deeply unhappy with many different areas of the final agreement. It was
unfortunate that the covenant of the League of Nations was made a part parcel of the peace settlement. It would have
been better if it had kept separate. There were many states which consider the Treaty of Versailles as a treaty of revenge,
and were not prepared to ratify the same. By not retifying the treaty, they refused to be the members of the League.
The absence of the great powers from the international organization weakened her and was partly responsible for its
ultimate failure.
• LEAGUE OF NATIONS
League Of Nations was created after WWI and was first comprehensive organization which came into existence on
January 10th, 1920 with hopes that this organization may provide a forum to nations where they can settle out their
disputes at International level and can prevent world from another war.
Origin - The League of Nations officially came into existence on 10 January 1920. On 15 November 1920, 41 members
states gathered in Geneva for the opening of the first session of the Assembly. This represented a large portion of
existing states and corresponded to more than 70% of the world's population.
History - The League of Nations (1920 – 1946) was the first intergovernmental organization established “to promote
international cooperation and to achieve international peace and security”. It is often referred to as the “predecessor” of
the United Nations.
Failure - The league did not live long. After a period of nearly 20 years, it ceased to exist, when the Second World War
broke out. The membership of the League of Nations varied from time to time. At first it consisted of 42 member states,
for example, England, France, Japan and other. Germany was excluded because she started the war. Russia was not
allowed to join it, because it did not serve her isolationist policy. After the failure of the league to check Italian and
Japanese aggressions and conquests in 1935 and in 1937, it was practically dead. The outbreak of the World War two put
an end to the existence of the league.
The failures of the League in the 1930s were not only because of aggressor nations undermining its authority, but also
down to its own members.
Britain and France, the two most influential members, ignored the League in their efforts to appease Hitler - actions that
arguably led to the outbreak of the Second World War.
Significant Failures – In the 1930s, the world economic depression encouraged nations to be more aggressive towards
each other. Fascist dictatorships took power in Germany, Italy and Japan, which were intent on empire-building and
these countries defied the League.
• Japan conquered Manchuria in 1932. The League objected, but could do nothing. When the League supported China,
Japan left the League.
• Hitler announced that Germany was leaving the League in 1932.
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• Italy invaded Abyssinia in 1935. Although the League officially condemned the Italians, France and Britain were
caught making a secret agreement to give Abyssinia to Italy.
These crises destroyed the authority of the League, and it was powerless to stop Germany after 1935. By the time of the
Sudeten crisis of 1938, Britain and France were ignoring the League, and were trying appeasement instead.
According to most of the thinkers, existence of League Of Nations was at wrong time. Then, all the nations was indulge
in the concept of narrow nationalism and sovereignty. Situation would have been much more different had except the
concept of Internationalism.

• EMERGENCE OF UNO
Four months after the San Francisco Conference ended, the United Nations officially began, on 24 October 1945, when it
came into existence after its Charter had been ratified by China, France, the Soviet Union, the United Kingdom, the
United States and by a majority of other signatories.
The United Nations is an international organization founded in 1945 after the Second World War by 51 countries
committed to maintaining international peace and security, developing friendly relations among nations and promoting
social progress, better living standards and human rights.
The UN has 4 main purposes -
• To keep peace throughout the world;
• To develop friendly relations among nations;
• To help nations work together to improve the lives of poor people, to conquer hunger, disease and illiteracy, and to
encourage respect for each other’s rights and freedoms;
• To be a centre for harmonizing the actions of nations to achieve these goals.

• STRUCTURE OF GENERAL ASSEMBLY

The General Assembly (GA) is the organ of the United Nations with the broadest responsibilities. In the General
Assembly, all 193 Member States have equal rights (“one country, one vote”). As the sole plenary organ, the General
Assembly assumes a special political position that makes it pivotal for all United Nations activities.

• SECURITY COUNCIL AND ‘VETO POWER’

The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is
charged with ensuring international peace and security, recommending the admission of new UN members to the General
Assembly, and approving any changes to the UN Charter. Its powers include establishing peacekeeping operations,
enacting international sanctions, and authorizing military action. The UNSC is the only UN body with the authority to
issue binding resolutions on member states.
Under the United Nations Charter, the functions and powers of the Security Council are:
• To maintain international peace and security in accordance with the principles and purposes of the United Nations;
• To investigate any dispute or situation which might lead to international friction;
• To recommend methods of adjusting such disputes or the terms of settlement;
• To formulate plans for the establishment of a system to regulate armaments;
• To determine the existence of a threat to the peace or act of aggression and to recommend what action should be taken;
• To call on Members to apply economic sanctions and other measures not involving the use of force to prevent or stop
aggression;
• To take military action against an aggressor;
• To recommend the admission of new Members;
• To exercise the trusteeship functions of the United Nations in "strategic areas";

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• To recommend to the General Assembly the appointment of the Secretary-General and, together with the Assembly, to
elect the Judges of the International Court of Justice.
The Security Council’s veto power is granted solely to its five permanent members, which allows them to block any
resolution or decision, whatever the majority opinion within the Council.
In the United Nations’ Security Council, decisions are made with a majority of 9 votes of the 15 Council members’
votes. All decision is rejected if one of the five permanent members of the Security Council (China, United States,
France, United Kingdom, Russia) makes use of its veto.

• SECRETARIAT
The United Nations Secretariat carries out the day-to-day work of the UN as mandated by the General Assembly and the
Organization's other main organs. The Secretary-General is the head of the Secretariat, which has tens of thousands of
UN staff members working at duty stations all over the world. UN staff members are recruited internationally and
locally, and work in duty stations and on peacekeeping missions. Serving the cause of peace in a violent world is a
dangerous occupation. Since the founding of the United Nations, hundreds of brave men and women have given their
lives in its service.

• INTERNATIONAL COURT OF JUSTICE

The International Court of Justice, also known as the World Court, is the main judicial organ of the UN. It was
established in June 1945 by the Charter of the United Nations and began work in April 1946. The seat of the Court is at
the Peace Palace in The Hague (Netherlands).
The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give
advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. The
Court decides disputes between countries, based on the voluntary participation of the States concerned. If a State agrees
to participate in a proceeding, it is obligated to comply with the Court’s decision.
The International Court of Justice is composed of 15 judges elected to nine-year terms of office by the United Nations
General Assembly and the Security Council. The Court may not include more than one national of the same State.
Moreover, the Court as a whole must represent the main forms of civilization and the principal legal systems of the
world. These organs vote simultaneously but separately. In order to be elected, a candidate must receive an absolute
majority of the votes in both bodies. This sometimes makes it necessary for a number of rounds of voting to be carried
out. In order to ensure a measure of continuity, one third of the Court is elected every three years. Judges are eligible for
re-election. Should a judge die or resign during his or her term of office, a special election is held as soon as possible to
choose a judge to fill the unexpired part of the term.
https://en.m.wikipedia.org/wiki/International_Court_of_Justice

• ECONOMIC AND SOCIAL COUNCIL

The United Nations Economic and Social Council (ECOSOC) is one of the six principal organs of the United Nations,
responsible for coordinating the economic and social fields of the organization, specifically in regards to the fifteen
specialised agencies, the eight functional commissions, and the five regional commissions under its jurisdiction.
ECOSOC serves as the central forum for discussing international economic and social issues, and formulating policy
recommendations addressed to member states and the United Nations System. It has 54 members. In addition to a
rotating membership of 54 UN member states, over 1,600 nongovernmental organizations have consultative status with
the Council to participate in the work of the United Nations.
ECOSOC holds one four-week session each year in July, and since 1998 has also held an annual meeting in April with
finance ministers heading key committees of the World Bank and the International Monetary Fund (IMF). Additionally,

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the High-Level Political Forum (HLPF), which reviews the implementation of the 2030 Agenda for Sustainable
Development, is convened under the auspices of the Council every July.
• SPECIALIZED AGENCIES
• International Labour Organization
• International Telecommunication Union
• FAO - Food and Agriculture Organization
• International Monetary Fund
• World Health Organization
• World Bank
• ICAO - International Civil Aviation Organization
• International Maritime Organization
• United Nations Industrial Development Organization
• World Intellectual Property Organization
• World Meteorological Organization
• UPU - Universal Postal Union
• UNESCO - United Nations Educational, Scientific and Cultural Organization
• UNWTO - World Tourism Organization
• International Fund for Agricultural Development
• UNDP - United Nations Development Programme
• UNICEF - United Nations International Children's Emergency Fund
• UNEP - United Nations Environment Programme
• International Atomic Energy Agency
• WFP - World Food Programme
• International Organization for Migration
• United Nations Human Settlement Programme
• UNCTAD - United Nations Conference on Trade and Development
• UNHCR - United Nations High Commissioner for Refugees
https://www.mofa.go.jp/policy/other/bluebook/1987/1987-6-7.htm

• CALLS TOWARDS REFORMS IN UN (BEYOND P5, DEMOCRATIZATION ETC.)

The United Nations reform agenda centres on three key areas: development, management, and peace and security. First,
development reform will bring a bold change to the UN development system in order to achieve the goals of the 2030
Agenda for Sustainable Development.
https://archive.globalpolicy.org/reformofthesecuritycouncil

• UN PEACE KEEPING MISSIONS

UN Peacekeeping helps countries navigate the difficult path from conflict to peace. We have unique strengths, including
legitimacy, burden sharing, and an ability to deploy troops and police from around the world, integrating them with
civilian peacekeepers to address a range of mandates set by the UN Security Council and General Assembly.
Peacekeeping by the United Nations is a role held by the Department of Peace Operations as an "instrument developed
by the organization as a way to help countries torn by conflict to create the conditions for lasting peace". It is
distinguished from peacebuilding, peacemaking, and peace enforcement although the United Nations does acknowledge
that all activities are "mutually reinforcing" and that overlap between them is frequent in practice.

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