Public International Law

Summary Notes

Hemant Patil. GLC, 2025 11/11/24 III-III SEM V

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Contents
1. Introduction to International Law .............................................................................. 2
1) Nature, Definition, and Historical Development ............................................................ 2
2. Sources of International Law ..................................................................................... 3
1) Treaties ................................................................................................................. 4
2) Customary International Law .................................................................................... 5
3) General Principles of Law ......................................................................................... 5
4) Judicial Decisions and Juristic Writings ....................................................................... 6
5) Equity and Resolutions of the General Assembly .......................................................... 7
3. Relationship between International Law and Municipal Law ....................................... 7
1) Monistic and Dualistic Theories ................................................................................. 8
4. Statehood and Recognition ........................................................................................ 9
1) Definition and Characteristics of Statehood ................................................................. 9
2) State Territory (Modes of Acquisition & Loss) ............................................................ 10
3) Recognition of States and Governments: Theories and Types ....................................... 10
5. State Jurisdiction ..................................................................................................... 12
1) Types of Jurisdictions: Territorial, Personal, Universal ................................................. 12
2) Personal, Universal, Protective Jurisdictions .............................................................. 13
3) Diplomatic Immunity and Sovereignty ...................................................................... 15
6. State Responsibility ................................................................................................. 16
1) Principles of State Responsibility ............................................................................. 17
2) Consequences of Breach of International Obligations .................................................. 17
3) Consequences: Cessation, Reparation ...................................................................... 18
4) Circumstances Precluding Wrongfulness ................................................................... 19
7. Law of Treaties ........................................................................................................ 20
1) Types, Formation, Interpretation, and Termination ..................................................... 21
2) Rights and Duties of Parties in Treaties..................................................................... 23
3) Validity and Enforcement of Treaties ........................................................................ 24
4) Vienna Convention on the Law of Treaties ................................................................. 26
8. Law of the Sea ......................................................................................................... 27
1) Maritime Zones (Territorial Sea, Contiguous Zone, Continental Shelf, Exclusive Economic
Zone, High Seas) ......................................................................................................... 28
2) Land Locked States ............................................................................................... 30
3) Delimitation of Adjacent and Opposite Maritime Boundaries ........................................ 31
A. Anglo-Norwegian Fisheries Case (1951) ................................................................ 32
B. Corfu Channel Case (1949) ................................................................................. 33
C. North Sea Continental Shelf Cases (1969) ............................................................. 35
D. Republic of Italy v. Union of India (2013) .............................................................. 36
E. Libya v. Tunisia Continental Shelf Case (1982) ....................................................... 37
F. In the Matter of Bay of Bengal Maritime Boundary Arbitration .................................. 38
4) Concept of "Common Heritage of Mankind" ............................................................... 38
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5) International Seabed Mining – Parallel System of Mining ............................................. 39

9. The United Nations Organisation ........................................................................ 40
The United Nations Organisation Overview ...................................................................... 41
1) The General Assembly ........................................................................................ 41
2) Security Council ................................................................................................ 42
3) United Nations Economic and Social Council (UNESCO) ........................................... 43
4) The International Court of Justice (ICJ) ................................................................. 44
5) The Secretariat ................................................................................................. 45
6) The International Trusteeship System and Trusteeship Council ................................. 46
10. International Specialised Agencies, Protection Agencies, and NGOs ....................... 47
1) ILO (International Labour Organization) ................................................................ 47
2) WTO (World Trade Organization) .......................................................................... 48
3) Amnesty International ........................................................................................ 49
4) UNESCO (United Nations Educational, Scientific and Cultural Organization) ................ 50
5) UNICEF (United Nations Children's Fund) .............................................................. 51
6) UNDP (UN Development Programme) and UNEP (UN Environment Programme ........... 52
11. Allied Laws and Concepts ....................................................................................... 53
1) Extradition and Asylum Principles and Procedures ...................................................... 53
2) International Health Regulations: WHO's Role ........................................................... 55
3) Global Health Laws: WHO & IHR ............................................................................. 56
4) International Trade Laws (UNCITRAL, International Arbitration Laws, TRIPS) ................. 57
5) International Laws on Air and Space Rights .............................................................. 58
Disclaimer.................................................................................................................... 59

1. Introduction to International Law

1) Nature, Definition, and Historical Development
Nature of International Law International law governs the legal relations between sovereign
states and other international actors. It includes rules and principles that regulate interactions in
areas such as human rights, trade, the environment, and the sea. Unlike domestic law, it lacks a
centralized enforcement authority and relies on state consent and cooperation.
Characteristics:
 Sovereignty: States are the primary subjects and possess supreme authority within their
territories.
 Consent-based: States must agree to be bound by treaties or customs for them to have
legal effect.
 No Centralized Authority: Enforcement relies on reciprocity, collective action, and
international institutions like the United Nations (UN) and International Court of Justice (ICJ).
 Multilateralism: Promotes cooperation among states to address global issues.
Definition of International Law International law is a body of rules and principles that governs
the conduct of states and other international actors. Definitions vary among scholars:
 Hugo Grotius: Defined it as laws governing mutual relations of states based on mutual
consent. He is also known as the Father of International Law, while Jeremy Bentham in 1780
coined the word ‘International Law’.
 L. Oppenheim: Described it as body of customary and conventional rules considered legally
binding by civilized states, although his narrow definition limited to civilized state was
criticized. In addition, the General Principles of Law were added to the customary and
conventional rules subsequently. Robert Jenning later expanded this definition to include
International Actors and Individuals to this definition of International Law.
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Historical Development Ancient Times to Middle Ages: Early forms existed in ancient
civilizations like Mesopotamia and Greece. The Roman concept of jus gentium influenced later legal
principles.
Middle Ages: The Catholic Church's canon law influenced secular rulers. The concept of just war
was developed by theologians like Augustine.
Early Modern Period: The Treaty of Westphalia (1648) established state sovereignty principles.
Hugo Grotius laid theoretical foundations for international legal principles.
19th Century: Marked by codification efforts like the 1864 Geneva Convention on humanitarian
rules of war.
20th Century: Influenced by World Wars and establishment of international organizations like the
League of Nations and United Nations. Human rights law emerged with documents like the Universal
Declaration of Human Rights (1948).
Post-World War II Developments: Growth in human rights law, international criminal law with
tribunals like ICTY and ICTR, environmental law with agreements like the Paris Agreement (2015),
and trade law with the World Trade Organization (WTO).

Views of Scholars on Nature of International Law:

View Key Proponents Summary

NOT a law Austin (PIL is Just Command of Sovereign followed by Sanctions, (Austin),
+ve International International law lacks a sovereign authority to enforce
Morality), rules.
Hobbes, Bentham It is seen as a set of moral guidelines or agreements
between states, not binding law.
It is a Law L. Oppenheim, International law is binding on states through treaties,
Hugo Grotius, Ian customs, and general principles. It’s a body of rules
Brownlie followed by community through consent.
States consent to be bound by these rules, making them
enforceable in practice.
It is a Weak J.G. Stark International law exists but is weak in enforcement due to
Law lack of centralized authority like legislative, executive &
judiciary.
Compliance relies on state cooperation and reciprocity
rather than coercion.
It is the Thomas Erskine International law lacks the characteristics of true law
Vanishing Holland because it does not have a clear enforcement mechanism
Point of (Vanishing point or sovereign power behind it.
Jurisprudence of Jurisprudence) It operates more as diplomacy than enforceable legal
rules.

2. Sources of International Law

International law derives from several key sources, which provide the framework for legal relations
between states and other international actors. These sources are recognized under Article 38(1) of
the Statute of the International Court of Justice (ICJ) and include:
1. Treaties and Conventions (Article 38(1)(a)): Formal agreements between states that
are legally binding. They can be bilateral or multilateral and cover a wide range of issues
such as trade, human rights, and environmental protection.
2. Customary International Law (Article 38(1)(b)): Consists of practices and customs
that have developed over time and are accepted as legally binding by states. It requires
consistent state practice and a belief that such practice is legally obligatory (opinio juris).
3. General Principles of Law (Article 38(1)(c)): These are principles common to major
legal systems worldwide, used to fill gaps in international law where treaties or customs do
not provide guidance.
4. Judicial Decisions and Scholarly Writings (Article 38(1)(d)): While not primary
sources, decisions from international courts (like the ICJ) and writings by legal scholars help
interpret and develop international law.
5. Scholarly Writings (Juristic Works): Opinions and writings of legal scholars that help
clarify and develop international law, though they are not primary sources.
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1) Treaties
Definition and Nature of Treaties: Treaties are formal, legally binding agreements between two
or more sovereign states or international organizations. They are a primary source of international
law, providing a structured framework for states to regulate their interactions on various issues such
as peace, security, trade, and environmental protection. According to the Vienna Convention on the
Law of Treaties (1969), a treaty is defined as "an international agreement concluded between States
in written form and governed by international law."
Types of Treaties
1. Bilateral Treaties: Agreements between two states. For example, the Treaty of Paris
(1898) between the United States and Spain.
2. Multilateral Treaties: Agreements involving multiple states, such as the United Nations
Charter (1945).
3. Universal Treaties: Open to all states and aim for universal participation, like the Universal
Declaration of Human Rights (1948).
4. Regional Treaties: Limited to specific regions or groups of states, such as the North Atlantic
Treaty (1949) forming NATO.
5. Framework Treaties: Establish general principles requiring subsequent agreements for
implementation, like the United Nations Framework Convention on Climate Change (1992).
Formation and Interpretation The formation of treaties involves several stages:
 Negotiation: Representatives discuss terms.
 Adoption of Text: Formal acceptance of the treaty text.
 Signature: Indicates intent to comply.
 Ratification: Formal approval by states according to domestic procedures.
 Entry into Force: Becomes legally binding once conditions are met.
Interpretation is guided by principles ensuring that parties' intentions are honoured:
 Ordinary Meaning: Interpreted in good faith according to ordinary meaning.
 Context and Purpose: Considered within the treaty's context and objectives.
Termination and Suspension Treaties can be terminated or suspended under conditions such as
mutual consent, breach by one party, impossibility of performance, or conflict with a new peremptory
norm (jus cogens). It can be due to:
a) By Agreement: Parties mutually agree to end or modify the treaty.
b) Expiration: The treaty has a set duration and expires automatically.
c) Material Breach: A significant violation by one party allows the other to terminate it.
d) Supervening Impossibility: If fulfilling the treaty becomes impossible due to unforeseen
events (e.g., destruction of a resource).
e) Rebus Sic Stantibus: A drastic, unforeseen change in conditions that were essential at the
time of agreement.
f) Conflict with Jus Cogens: If the treaty conflicts with a peremptory norm of international
law, it becomes invalid.
g) Withdrawal or Denunciation: A party may withdraw if the treaty allows it, following
specific procedures.
Jus Cogens refers to fundamental principles of international law that are universally accepted and
cannot be violated by any state, such as prohibitions on genocide or slavery. Jus Cogens principles
are compulsory for all states and cannot be overridden by any treaty or agreement. These norms
protect essential values like the prohibition of genocide, slavery, torture, and aggression, and any
treaty conflicting with these norms is considered void. For example, even if two countries agree to
a treaty allowing slavery, that treaty would be invalid because it violates the jus cogens norm
prohibiting slavery. When a new jus cogens (peremptory norm) emerges, it automatically invalidates
any existing treaty that conflicts with it. This is because jus cogens norms are universally binding
and cannot be overridden by any treaty or agreement.
Significance in International Law Treaties play a crucial role in maintaining international order
by:
 Creating legally binding commitments.
 Facilitating dispute resolution.
 Promoting cooperation on global issues like trade and human rights.
Examples of Major Treaties
1. Treaty of Westphalia (1648): Established modern state sovereignty principles.
2. United Nations Charter (1945): Framework for international peace and security.
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3. Geneva Conventions (1949): Humanitarian law standards during armed conflict.

Landmark Case Law A notable case related to treaties is the Vienna Convention on the Law of
Treaties itself, which codifies rules for treaty creation, interpretation, and enforcement. Another
landmark case is the North Sea Continental Shelf Cases (1969), where the International Court
of Justice clarified principles for treaty-based maritime delimitation.

2) Customary International Law

Definition and Elements Customary international law is formed through the consistent and general
practice of states, which they follow out of a sense of legal obligation. It consists of two key elements:
1. State Practice (Usus): This involves the actual behaviors and actions of states, including
their legislative, executive, and judicial activities. The practice must be widespread,
consistent, and representative across various states.
2. Opinio Juris: This is the belief that a particular practice is carried out as a legal obligation.
States must accept and recognize the practice as binding under international law.
Historical Development Customary international law has evolved over centuries, with its roots in
ancient practices among tribes and nations. It became more structured with the rise of nation-states
in the 16th and 17th centuries. Notable developments include:
 Ancient Practices: Early forms of customary norms existed in trade, diplomacy, and
warfare among ancient civilizations like the Egyptians and Greeks.
 Modern Era: The Treaty of Westphalia (1648) marked the formal recognition of state
sovereignty, leading to more systematic recording of customary practices.
Characteristics
 Uniformity and Consistency: State practice must be uniform and consistent over time.
 Generality: A significant number of states must follow the practice.
 Duration: While no fixed period is required, the practice should be followed long enough to
establish a recognized pattern.
Codification Customary international law can be codified into treaties or conventions to provide
clarity. Examples include:
 Vienna Convention on the Law of Treaties (1969): Codifies rules on treaty formation
and interpretation.
 Geneva Conventions (1949): Codify humanitarian laws applicable during armed conflict.
Examples
1. Prohibition of Genocide: Universally recognized as a customary norm.
2. Immunity of Diplomatic Agents: Ensures diplomats are protected from jurisdiction in host
states.
3. Freedom of the High Seas: Allows navigation and other lawful activities on international
waters.
Landmark Case Law: The North Sea Continental Shelf Cases (1969) by the International Court of
Justice emphasized that for a rule to become customary international law, it must be accompanied
by both state practice and opinio juris. This case clarified principles for maritime delimitation based
on customary law.

3) General Principles of Law

Definition and Nature General principles of law are fundamental norms that are recognized by
civilized nations and serve as a source of international law. These principles fill gaps where treaties
and customary law may not provide guidance, ensuring fairness and justice in international legal
proceedings.
Characteristics
 Universality: These principles are common to major legal systems worldwide, transcending
specific national laws.
 Supplementary Role: They act as a supplementary source, used when treaties or
customary international law are silent or ambiguous.
 Foundation for Legal Reasoning: Provide a basis for logical and equitable decision-
making in international tribunals.
Examples of General Principles
1. Principle of Good Faith: Obligates parties to act honestly and fairly in international
agreements and dealings.
2. Equity: Ensures fairness in the application and interpretation of the law.
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3. Res Judicata: Prevents re-litigation of cases that have been finally adjudicated.
4. Estoppel: Prohibits a party from contradicting previous statements or actions if relied upon
by others.
Application in International Law General principles are often invoked by international courts and
tribunals to resolve disputes:
 International Court of Justice (ICJ): Uses these principles to interpret treaties and
customary law.
 International Criminal Court (ICC): Applies general principles to ensure fair trial
standards.
Landmark Case Law: In the Chorzów Factory Case (1928), the Permanent Court of
International Justice emphasized the principle of reparation, stating that a breach of an international
obligation requires full reparation for the injury caused. This case highlighted the application of
general principles in ensuring justice and remedy.

4) Judicial Decisions and Juristic Writings

Judicial Decisions refer to the rulings and opinions issued by international courts and tribunals.
While not in primary sources like treaties and customs, they play a significant role in interpreting
and applying international law.
Characteristics
 Interpretative Authority: Judicial decisions clarify the provisions of treaties, customary
international law, and general principles.
 Precedential Value: Although not binding on future cases, they often serve as persuasive
precedents.
 Binding Effect: Decisions are binding on the parties involved, ensuring compliance with
rulings.
Role and Influence
 Clarification of Norms: They interpret legal norms, providing guidance for states and
international actors.
 Development of Jurisprudence: Contribute to evolving legal principles and doctrines.
 Dispute Resolution: Offer mechanisms for peaceful resolution of disputes.
Key International Courts
1. International Court of Justice (ICJ): Settles disputes between states and provides
advisory opinions.
2. International Criminal Court (ICC): Prosecutes individuals for serious international
crimes.
3. International Tribunal for the Law of the Sea (ITLOS): Adjudicates maritime disputes.
Landmark Case
 Corfu Channel Case (1949): Established principles regarding state responsibility and
navigation rights.

Juristic Writings Juristic writings include scholarly articles, treatises, and books by legal experts.
Though not primary sources, they provide authoritative commentary that shapes understanding and
development of international law.
Characteristics
 Scholarly Expertise: Authored by experts with deep knowledge of international law.
 Analytical Insight: Offer thorough analysis and critique of legal principles.
 Influential Impact: Influence legal practice and are often cited in judicial decisions.
Role and Significance
 Clarification of Norms: Provide detailed interpretation of complex legal issues.
 Development of Jurisprudence: Contribute to evolving legal doctrines.
 Educational Resource: Essential for educating students, practitioners, and scholars.
Notable Jurists
1. Hugo Grotius: "De Jure Belli ac Pacis" laid foundational principles for international law.
2. Hersch Lauterpacht: Influential in developing human rights law.
3. Martti Koskenniemi: Known for critical analysis of international legal structures.
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5) Equity and Resolutions of the General Assembly

Equity in International Law is a principle in international law that emphasizes fairness and justice,
allowing for flexibility in legal interpretation and application. It supplements strict legal rules to
achieve just outcomes, especially in cases where rigid application might lead to injustice. Equity
enables international courts and tribunals to consider the unique circumstances of each case,
ensuring decisions are reasonable and balanced.
Key Concepts:
 Fairness: Ensures that outcomes are just and equitable for all parties involved.
 Flexibility: Allows for consideration of broader principles beyond strict legal norms.
 Balancing Interests: Weighs competing interests to achieve equitable resolutions.
Resolutions of the General Assembly: The United Nations General Assembly (UNGA) adopts
resolutions that, although not legally binding, carry significant moral and political weight. These
resolutions express the collective will of the international community on various issues such as peace,
security, human rights, and development. They can influence state behavior and contribute to the
development of international norms by highlighting global priorities and encouraging cooperative
action.
Key Concepts:
 Normative Influence: Resolutions contribute to shaping international norms and
standards.
 Political Statements: Reflect the consensus or majority view of member states on global
issues.
 Guidance for Action: Provide recommendations for addressing international challenges.

3. Relationship between International Law and Municipal Law

Introduction and Concept: The relationship between international law and municipal (domestic)
law concerns how these two legal systems interact and coexist. This relationship is crucial for
understanding how international obligations are implemented within a state's legal framework and
how conflicts between the two are resolved.
Key Concepts
1. International Law: Comprises rules and principles governing the conduct of states and
international organizations in their interactions. It includes treaties, customary international
law, and general principles recognized by civilized nations.
2. Municipal Law: Refers to the domestic laws of a state, including its constitution, statutes,
regulations, and judicial decisions. It governs the internal affairs of the state and its citizens.
Interaction Between International and Municipal Law varies across different legal systems,
primarily influenced by two main theories:
 Monistic Theory: This theory posits that international law and municipal law form a single
legal system. International law is automatically incorporated into domestic law without the
need for specific legislative action. In monistic systems, international law often takes
precedence over conflicting domestic laws.
 Dualistic Theory: According to this theory, international law and municipal law are separate
legal systems. For international law to have effect domestically, it must be explicitly
incorporated through legislation. Dualistic systems maintain a clear distinction between the
two, with domestic laws taking precedence unless overridden by specific incorporation.
Practical Implications
 Incorporation of Treaties: In monistic systems, treaties become part of national law upon
ratification. In dualistic systems, treaties require implementing legislation to have domestic
effect.
 Customary International Law: Generally recognized as part of national law in both
monistic and dualistic systems, though its application may vary depending on judicial
interpretation.
 Judicial Interpretation: Courts play a crucial role in interpreting how international
obligations are integrated into domestic law and resolving conflicts between the two.
Understanding the relationship between international and municipal law is essential for ensuring
compliance with international obligations while respecting domestic legal frameworks. This
relationship influences how states implement international agreements, protect human rights, and
address transnational issues within their jurisdictions.
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1) Monistic and Dualistic Theories

Essence and Key Proponents Monism posits that international law and municipal (domestic) law
form a single legal system. In this view, international law is automatically incorporated into domestic
law without the need for specific legislative action. This theory emphasizes the supremacy of
international law over conflicting domestic laws.
Key Proponents: Hans Kelsen is a notable advocate, arguing that all laws form a hierarchy with
international law at the top.
Peculiar Aspects
 Positive Impacts: Promotes consistency and uniformity in legal systems by ensuring that
international obligations are directly applicable within domestic jurisdictions.
 Negative Impacts: May challenge national sovereignty, as domestic laws must align with
international norms, potentially overriding national interests.
Example in India
 Constitutional Provisions: Article 51 of the Indian Constitution encourages the state to
foster respect for international law and treaty obligations, reflecting a monistic approach in
principle, though not in direct application.
Dualistic Theory
Essence and Key Proponents: Dualism maintains that international law and municipal law are
separate legal systems. For international law to have effect domestically, it must be explicitly
incorporated through legislation. This theory preserves the autonomy of domestic legal systems.
Transformation theory establishes premise of conversion from promises (treaties) to command
(local law) for such treaties to be effective. Environmental, Commercial & Human Right Laws are
perfect examples of how International Laws and Municipal Laws must cooperate for common cause.
Key Proponents: Heinrich Triepel and Dionisio Anzilotti emphasized the distinct nature of the two
legal orders.
Peculiar Aspects
 Positive Impacts: Protects national sovereignty by requiring explicit legislative action for
international norms to apply domestically, allowing states to control how and when they
implement international obligations.
 Negative Impacts: Can lead to inconsistencies and delays in implementing international
commitments, as domestic processes may be slow or politically influenced.
Examples in India
 Legislative Incorporation: India follows a dualistic approach, requiring treaties to be
enacted into domestic law through legislation. The Protection of Human Rights Act, 1993
incorporates international human rights norms into Indian law.
There are alternative names and reference theories to above:
Adoption Theory (similar to Monism): This theory suggests that international law is automatically
incorporated into the domestic legal system without requiring any specific legislative action. In other
words, once a state agrees to an international treaty or rule, it becomes part of the national law
directly. This reflects the monistic view, where international and municipal laws are seen as part of
a single legal system.
Transformation Theory (similar to Dualism): According to this theory, international law does not
automatically become part of domestic law. For it to have effect within a country, it must be
specifically transformed into national law through legislative processes. This aligns with the dualistic
approach, where international and domestic laws are considered separate systems, and international
laws need formal incorporation into municipal law.
Harmonization Theory suggests that both legal systems should work together and complement
each other, rather than being in conflict. All contradictions between both must be harmonized in the
interest of solving human problems. It emphasizes that international law and domestic law are
interconnected, and the goal is to ensure that they operate in a way that benefits individuals and
states by aligning national laws with international obligations. A few considerations here:
1. Cooperation: International and municipal laws should be aligned to avoid contradictions,
ensuring smooth application of both.
2. Mutual Relevance: Both legal systems serve the same ultimate purpose of justice and
governance, so they should be harmonized for consistency.
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4. Statehood and Recognition

Introduction and Concepts: Statehood and recognition are fundamental concepts in international
law, determining the status and rights of entities within the international community.
Statehood
Criteria for Statehood According to the Montevideo Convention (1933), an entity must meet four
criteria to be considered a state:
1. Defined Territory: A clearly demarcated geographical area.
2. Permanent Population: A stable community residing within the territory.
3. Government: An effective government exercising control over the territory and population.
4. Capacity to Enter into Relations with Other States: The ability to engage in diplomatic
and international relations.
Recognition
Types of Recognition: A recognition is the formal acknowledgment by other states of an entity's
status as a state or government. It can be:
 De Jure Recognition: Formal acknowledgment granting full legal status.
 De Facto Recognition: Acknowledgment of actual control without full legal status.
Theories of Recognition
 Declarative Theory: An entity becomes a state once it meets the criteria for statehood,
regardless of recognition by other states.
 Constitutive Theory: Recognition by other states is necessary for an entity to achieve
statehood and international legal personality.
Relevance in Public International Law
 Diplomatic Relations: Recognition allows states to establish diplomatic relations, enter
into treaties, and participate in international organizations.
 Legal Rights and Obligations: Recognized states have rights and obligations under
international law, including sovereignty, territorial integrity, and non-interference.
 Disputed Territories and Governments: Recognition plays a crucial role in conflicts
involving disputed territories or contested governments, impacting international diplomacy
and legal standings.

1) Definition and Characteristics of Statehood

Definition of Statehood: A statehood refers to the status of being recognized as a sovereign entity
with the capacity to exercise full control over a defined territory and population. The Montevideo
Convention (1933) outlines the criteria for statehood, which include a defined territory, permanent
population, effective government, and capacity to enter into relations with other states.
Characteristics of Statehood
1. Defined Territory: A state must have clearly demarcated geographical boundaries. This
does not require fixed borders but rather a territory over which the state exercises control.
2. Permanent Population: A stable community residing within the state's territory is essential
for statehood. This population must be more than transient or temporary.
3. Effective Government: There must be an organized political authority capable of
maintaining order and implementing laws within the territory. The government should be
able to engage in international relations.
4. Capacity to Enter into Relations with Other States: A state must have the ability to
engage independently in diplomatic and foreign relations, entering into treaties and
agreements.
Additional Characteristics
 Sovereignty: States possess supreme authority within their territories, free from external
interference.
 Recognition: While not a criterion for statehood, recognition by other states can enhance
a state's ability to participate in international relations.
 Legal Personality: States have rights and obligations under international law, allowing
them to sue and be sued in international courts.
Implications for International Law
Statehood is fundamental in international law as it determines an entity's ability to participate fully
in the international community. Recognized states can assert rights such as sovereignty and
territorial integrity, enter into treaties, and become members of international organizations.
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2) State Territory (Modes of Acquisition & Loss)

State territory refers to the geographical area over which a state exercises its sovereignty, including
land, airspace, and territorial waters. States can acquire or lose territory through various methods,
each with its own unique characteristics.
Methods of Acquisition of Territory:
1. Occupation: A state acquires control over terra nullius (unclaimed land) by establishing
effective control and administration. This is typically done in areas not previously under any
state's sovereignty.
2. Accretion: A natural process where a state's territory expands due to geological changes
like sediment deposits or volcanic activity, or man-made creation of territory (Like Dubai
Palms) without any formal act required.
3. Cession: Territory is transferred from one state to another through a formal agreement,
usually a treaty. This can happen voluntarily (e.g., sale or gift) or as part of a peace
settlement. Acquiring state and ceding state engage in transfer of sovereignty in peaceful
manner.
4. Prescription: A state gains sovereignty over territory through long-term, peaceful, and
uncontested control, even if the land originally belonged to another state.
5. Annexation: Annexation refers to the forcible acquisition of territory by one state from
another, typically following military conquest. Historically, annexation was a recognized
method of acquiring territory, but under modern international law, it is considered illegal.
The UN Charter (Article 2(4)) explicitly prohibits the use of force to acquire territory. Despite
this, some states have attempted annexation in recent times, but such actions are widely
condemned and not legally recognized by the international community. An example is the
annexation of Crimea by Russia in 2014, which has been deemed unlawful by most countries
and international organizations. It is primarily about territorial expansion.
6. Subjugation, on the other hand, involves bringing a state or territory under control by
force, often through military conquest. Historically, subjugation could lead to annexation,
where a victorious state would claim sovereignty over a conquered territory. However, like
annexation, subjugation through force is also considered illegal under current international
law. This involves the broader concept of domination or control over a state or territory
through force, and focuses more on imposing control rather than just territorial acquisition.
7. Lease: A state can lease part of its territory to another state for a specific period, typically
through a formal agreement. The leasing state retains ownership, while the lessee state
gains control and use of the territory for the lease duration. An example is the lease of Hong
Kong to Britain by China for 99 years.
8. Plebiscite: A plebiscite involves holding a vote where the people of a territory decide
whether they want to join another state or remain independent. It is often used to respect
the principle of self-determination. An example is the plebiscite held in Saarland after World
War II to determine whether it would join Germany or France.
Loss of Territory:
1. Cession: A state may lose territory by transferring it to another state through a treaty or
agreement.
2. Secession or Revolt: A part of a state's territory may break away and form an independent
state after a successful secession movement or revolt.
3. Prescription: A state may lose control over territory if another state exercises long-term,
uncontested authority over it.
These methods reflect how states historically expanded or contracted their territories, with some
(like conquest) now prohibited under modern international legal frameworks.

3) Recognition of States and Governments: Theories and Types

Recognition in international law refers to the formal acknowledgment by existing states of a new
state or government as a legitimate member of the international community. Recognition is essential
for ensuring that a new entity can participate in international relations, enter into treaties, and enjoy
rights and obligations under international law.
1. Theories of Recognition
There are two primary theories that explain how recognition works in international law: the
Constitutive Theory and the Declaratory Theory.
A. Constitutive Theory
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 Key Idea: According to the constitutive theory, a state only becomes a subject of
international law after it is recognized by other states.
 Proponents: Scholars like Oppenheim, Hegel, and Anziloti support this theory.
 Explanation: Under this theory, even if an entity meets all the criteria for statehood (as
outlined in the Montevideo Convention), it does not become a full "international person" until
other states formally recognize it. This means that recognition is what confers legal
personality on the new state, enabling it to participate in international relations.
Criticism: This theory has been criticized for giving too much power to existing states, who can
choose whether or not to recognize a new entity, leading to potential political manipulation. It
also creates uncertainty when some states recognize an entity while others do not, leading to
confusion about its status in the international community.
B. Declaratory Theory
 Key Idea: The declaratory theory holds that recognition is merely a formal acknowledgment
of an entity’s statehood, which already exists independently of recognition.
 Proponents: Scholars like Wagner, Hall, and Brierly support this theory.
 Explanation: Under this theory, once an entity meets the objective criteria for statehood
(as outlined by the Montevideo Convention), it automatically becomes a state under
international law. Recognition by other states is simply a formal acknowledgment of an
existing fact but does not create the state itself.
Criticism: While this theory addresses some shortcomings of the constitutive theory, it has been
criticized for ignoring the practical importance of recognition in securing full participation in
international relations. Even if an entity meets all the criteria for statehood, without recognition
from powerful states or key international organizations, its ability to function as a full member
of the international community may be limited.
2. Types of Recognition
Recognition can be classified into two main types: recognition of states and recognition of
governments. Each type can be further divided into de jure (legal) and de facto (factual) recognition.
A. Recognition of States
Recognition of states involves acknowledging that an entity qualifies as a sovereign state under
international law.
Modes of State Recognition:
1. De Jure Recognition:
o This is full legal recognition granted when an entity fulfils all criteria for statehood
under international law (permanent population, defined territory, effective
government, and capacity to enter into relations with other states).
o Once recognized de jure, the entity enjoys all rights and privileges under
international law.
2. De Facto Recognition:
o This is provisional or temporary recognition, acknowledging that an entity exercises
control over a territory but may not yet meet all the legal criteria for full statehood.
o States may grant de facto recognition when they are uncertain about the long-term
viability or legitimacy of the new entity but acknowledge its factual control over a
territory.
Examples:
 The recognition of Kosovo by some countries as an independent state is an example where
some states have granted de jure recognition while others have withheld it.
 Taiwan operates with de facto recognition from many countries but lacks widespread de jure
recognition due to political pressure from China.
B. Recognition of Governments
Recognition of governments occurs when states acknowledge that a particular regime or authority
represents the legitimate government of an existing state.
Modes of Government Recognition:
1. De Jure Recognition:
o This is granted when a government has established itself as the legitimate authority
in accordance with constitutional or democratic processes.
o Once recognized de jure, other states fully engage with that government
diplomatically and legally.
2. De Facto Recognition:
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o This is given when a government controls a state's territory but may have come to
power through unconstitutional means (e.g., coup d’état) or lacks widespread
legitimacy.
o De facto recognition allows limited diplomatic relations without fully endorsing the
government's legitimacy.
Examples:
 The Taliban's control over Afghanistan after 2021 led to debates on whether countries should
grant de facto or de jure recognition to its government.
 In contrast, after World War II, many countries initially granted de facto recognition to
communist regimes before later extending de jure recognition.
3. Legal Consequences of Recognition: Recognition has significant legal consequences for both
recognized entities and recognizing states:
A. International Rights and Obligations
Once recognized (whether as a state or government), an entity gains certain rights under
international law:
 The right to enter into treaties.
 Immunity from foreign jurisdiction (sovereign immunity).
 The ability to bring claims before international courts like the International Court of Justice
(ICJ).
B. Retroactive Effect: Recognition often has retroactive effects, meaning that acts performed by
the unrecognized entity before its formal recognition may be validated once it gains official status.

5. State Jurisdiction
Introduction: State jurisdiction are foundational concepts in international law, defining the
authority and autonomy of states within the international system. These concepts shape how states
interact with each other and exercise control over their territories, populations, and affairs.
State Jurisdiction
Definition State jurisdiction refers to the legal authority of a state to govern persons, property, and
events within its territory or under its control. It includes legislative, executive, and judicial powers.
Types of Jurisdictions
1. Territorial: Authority over activities within a state's borders.
2. Personal: Authority over nationals or residents, even when abroad.
3. Subject Matter: Authority over specific legal issues or cases.
4. Prescriptive: Authority to legislate on matters affecting the state.
Principles Guiding Jurisdiction
1. Territorial Sovereignty: States have exclusive jurisdiction within their territories.
2. International Comity: Respect for other states' jurisdictional claims to promote cooperation.
3. Non-Intervention: Prohibits interference in another state's domestic affairs.
4. Forum Non Conveniens: Courts may decline jurisdiction if another forum is more appropriate.
Implications for International Relations
 Diplomatic Immunity: Foreign diplomats are exempt from local jurisdiction under
international law.
 Extraterritorial Application of Laws: States may extend jurisdiction beyond borders for
crimes like terrorism or human trafficking.
 International Disputes: Jurisdictional claims can lead to conflicts, requiring negotiation or
adjudication by international courts.

1) Types of Jurisdictions: Territorial, Personal, Universal

Introduction: Jurisdiction refers to the legal authority of a state to govern persons, property, and
events within its territory or under its control. It is a fundamental aspect of state sovereignty and
international law, delineating the scope and limits of a state's legal power.
Territorial Jurisdiction
Definition: Territorial jurisdiction is the authority of a state to exercise legal control over activities,
persons, and property within its geographical boundaries. It is the most common and widely
accepted form of jurisdiction.
Characteristics
 Exclusive Control: States have the exclusive right to enforce laws within their territory.
 Sovereignty: Territorial jurisdiction is a manifestation of state sovereignty.
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 Application: Applies to all persons and activities within the state's borders, including foreign
nationals.
Example: The Lotus Case (France v. Turkey, 1927) before the Permanent Court of International
Justice established that states have jurisdiction over incidents occurring on their territory, even if
foreign nationals are involved.
Personal Jurisdiction
Definition: Personal jurisdiction, also known as nationality jurisdiction, allows a state to exercise
legal authority over its nationals, regardless of where they are located. Characteristics
 Nationality Principle: Based on the individual's nationality rather than location.
 Extraterritorial Application: States can apply laws to their citizens abroad.
Example: A country prosecuting its nationals for crimes committed abroad under its domestic laws
exemplifies personal jurisdiction.
Universal Jurisdiction
Definition: Universal jurisdiction allows states to claim criminal jurisdiction over an accused person
regardless of where the alleged crime was committed or the nationality of the suspect or victim. It
is typically applied to serious international crimes like genocide, war crimes, and crimes against
humanity.
Characteristics
 Global Responsibility: Based on the idea that certain crimes are so heinous they affect
the international community as a whole.
 No Territorial or Nationality Limits: Can be exercised irrespective of where the crime
occurred or who was involved.
Example: The prosecution of former Chilean dictator Augusto Pinochet in Spain for human rights
violations committed in Chile demonstrates universal jurisdiction.
Protective Jurisdiction
Definition: Protective jurisdiction allows a state to exercise authority over actions outside its
territory that threaten its security or governmental functions.
Characteristics
 National Security Focus: Applied to acts like espionage or terrorism targeting state
security.
 Extraterritorial Reach: Extends beyond national borders if the state's vital interests are
at risk.
Passive Personality Jurisdiction
Definition: Passive personality jurisdiction allows a state to claim jurisdiction over offenses
committed against its nationals abroad.
Characteristics
 Victim-Based Jurisdiction: Focuses on the nationality of the victim rather than the
perpetrator.
 Controversial Application: Less widely accepted due to potential conflicts with territorial
sovereignty.

The Auto-Limitation Theory in International Law, proposed by George Jellinek, explains that states
voluntarily limit their own sovereignty by agreeing to follow international law. According to this
theory, states are not forced to comply with international rules but choose to do so out of their own
free will. This is based on the principle of consent, where states enter into agreements or treaties
because they see mutual benefits in cooperation. By consenting to international obligations, states
maintain their sovereignty while also participating in the global legal framework.

Pacta Sunt Servanda is a core principle of International Law meaning "agreements must be kept".
It requires that states honour and follow through on their treaty obligations in good faith. This
principle ensures that treaties are binding and respected, creating stability and trust in international
relations. It is codified in Article 26 of the Vienna Convention on the Law of Treaties (1969), which
emphasizes that once a state agrees to a treaty, it is legally bound to fulfill its terms, fostering
cooperation between nations.

2) Personal, Universal, Protective Jurisdictions

In international law, jurisdiction refers to the authority of a state to govern matters within its
territory and extend its legal power over individuals, property, or events. Jurisdiction is generally
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categorized into three types: personal, territorial, and subject-matter jurisdiction. However, in the
context of international law, jurisdiction is further divided into specific principles that allow states to
exercise their authority beyond their borders. These principles include personal, universal, and
protective jurisdictions. Each of these principles has distinct characteristics and applications under
international law.
1. Personal Jurisdiction: Personal jurisdiction refers to a state's authority over individuals based
on their nationality or citizenship, regardless of where they are located in the world.
Key Aspects:
 Nationality Principle: A state may exercise jurisdiction over its nationals even when they
are abroad. This principle is rooted in the idea that individuals owe allegiance to their home
state, which in turn has the right to regulate their conduct.
 Active Nationality: This applies when a state exercises jurisdiction over crimes committed
by its citizens abroad.
 Passive Nationality: This principle allows a state to claim jurisdiction over foreign nationals
if they commit crimes against its citizens, even if the crime occurs outside the state's
territory.
Examples:
 A French citizen committing a crime in Spain can still be prosecuted by French courts under
the active nationality principle.
 If a foreign national harms an Indian citizen abroad, India may seek jurisdiction under the
passive nationality principle.
2. Universal Jurisdiction
Universal jurisdiction allows any state to claim jurisdiction over certain serious crimes regardless of
where they were committed or the nationality of the perpetrators or victims. This principle is typically
invoked for crimes considered so heinous that they affect the international community as a whole.
Key Aspects:
 Crimes subject to universal jurisdiction include genocide, war crimes, crimes against
humanity, torture, and piracy.
 The rationale behind universal jurisdiction is that some crimes are so egregious that they
transcend national boundaries and require global accountability.
 States may prosecute offenders even if there is no direct link between the crime and the
prosecuting state (e.g., no national interest or territorial connection).
Examples:
 The prosecution of former Chilean dictator Augusto Pinochet in Spain for human rights
violations committed in Chile demonstrates universal jurisdiction in action.
 Piracy on the high seas is universally prosecutable by any state under international law.
3. Protective Jurisdiction: Protective jurisdiction allows a state to claim authority over actions that
threaten its security or vital interests, even if those actions occur outside its borders and involve
foreign nationals.
Key Aspects:
 This principle is invoked when foreign acts endanger a state's sovereignty or security (e.g.,
espionage, counterfeiting currency, or terrorist activities targeting the state).
 It serves as a safeguard for states to protect themselves from external threats that could
undermine their national interests.
Examples:
 If a foreign national engages in espionage against India while residing abroad, India can
claim protective jurisdiction and seek to prosecute them.
 A country might prosecute foreign nationals who conspire abroad to commit terrorist acts
within its borders.
Cross-Reference with International Law Principles
These principles of jurisdiction are grounded in customary international law and treaties that outline
how states can exercise authority beyond their borders. They are also subject to limitations set by
international comity (mutual respect between states) and diplomatic relations. Additionally:
1. Territorial Jurisdiction remains the primary basis for exercising legal authority (i.e., states
have full control over actions within their borders).
2. The exercise of extraterritorial jurisdiction (such as personal or protective) must often be
balanced with respect for other states' sovereignty.
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3. Universal jurisdiction is sometimes controversial because it can lead to conflicts between

states over who has the right to prosecute certain crimes.

3) Diplomatic Immunity and Sovereignty

Both diplomatic immunity and sovereignty are fundamental principles in international law, ensuring
that states interact within a framework that respects their authority and the privileges of their
representatives.
Diplomatic Immunity is a principle of international law that provides foreign diplomats with
protection from legal action in the host country. This immunity ensures that diplomats can perform
their duties without interference from the local legal system, promoting smooth diplomatic relations
between states.
Key Aspects of Diplomatic Immunity:
1. Legal Framework: The 1961 Vienna Convention on Diplomatic Relations (VCDR) is the
primary legal instrument governing diplomatic immunity. It outlines the rights and privileges
of diplomats and the obligations of host states.
2. Immunity from Jurisdiction: Diplomats are immune from criminal, civil, and
administrative jurisdiction in the host country. This means they cannot be prosecuted for
acts performed in their official capacity or personal acts while on duty.
3. Inviolability: Diplomatic agents are inviolable, meaning they cannot be arrested or
detained by the host state. Their premises, documents, and communications are also
protected from search or seizure.
4. Persona Non Grata: If a diplomat abuses their privileges or engages in activities
incompatible with their diplomatic status, the host state can declare them persona non grata,
effectively expelling them without needing to provide a reason.
5. Waiver of Immunity: Diplomatic immunity can be waived by the sending state if it chooses
to allow its diplomat to be subject to local jurisdiction.
Theoretical Justifications for Diplomatic Immunity:
 Extraterritoriality Theory: Diplomats are considered to be outside the jurisdiction of the
host country and remain subject to the laws of their home state.
 Functional Necessity Theory: Diplomats need immunity to perform their functions
effectively without fear of legal harassment by the host state.
Examples of Misuse: In 1984, a Libyan diplomat shot a British policewoman outside the Libyan
embassy in London but was not prosecuted due to diplomatic immunity.
Termination of Diplomatic Relations: Diplomatic relations can be severed if serious violations
occur. For example, after the 1979 Iranian hostage crisis, where U.S. diplomats were held captive in
Tehran, diplomatic relations between Iran and the U.S. were terminated.

Sovereignty refers to the supreme authority of a state over its territory and its independence from
external interference. It is one of the core principles of international law and is essential for
maintaining order in international relations.
Key Aspects of Sovereignty:
1. Internal Sovereignty: This refers to a state's exclusive right to govern matters within its
borders without interference from other states. It includes control over its legal system,
economy, political structure, and resources.
2. External Sovereignty: This pertains to a state's independence in conducting foreign affairs
and entering into treaties with other states without external coercion.
3. Non-Intervention Principle: States are prohibited from intervening in each other’s
domestic affairs under Article 2(7) of the United Nations Charter. This principle is
fundamental to maintaining peace and respecting state autonomy.
Limitations on Sovereignty in International Law: While sovereignty grants states significant
powers, it is not absolute:
1. Human Rights Obligations: States are bound by international human rights treaties that
may limit their internal sovereignty when it comes to protecting individual rights.
2. International Treaties and Customary Law: States voluntarily limit their sovereignty by
entering into international treaties or adhering to customary international law norms.
3. Responsibility to Protect (R2P): If a state fails to protect its population from mass
atrocities (e.g., genocide), other states may intervene under this doctrine.
Historical Context and Evolution of Sovereignty:
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The concept of sovereignty as we understand it today was solidified with the Treaty of Westphalia
(1648), which ended the Thirty Years' War in Europe and established key principles such as state
sovereignty and non-intervention—cornerstones of modern international law.
Interaction Between Diplomatic Immunity and Sovereignty
Diplomatic immunity operates within the framework of sovereignty by allowing states to send
representatives abroad without fear that these representatives will be subject to foreign legal
systems. At the same time, sovereignty allows host states to control who enters their territory as
diplomats and provides them with mechanisms like declaring diplomats persona non grata if they
misuse their privileges.
Balancing Sovereignty with Diplomatic Immunity:
 While diplomatic immunity protects diplomats from local jurisdiction, it does not mean that
they are above all laws; they remain accountable under their home country’s laws.
 Host states maintain sovereignty by having control over who they accept as diplomats and
can expel those who violate local laws or engage in activities incompatible with their
diplomatic status.

6. State Responsibility
Introduction State responsibility is a fundamental principle in international law that holds states
accountable for their actions, particularly when they breach international obligations. It ensures that
states uphold their duties and provides mechanisms for addressing violations.
Key Aspects of State Responsibility
1. Breach of International Obligation
o Definition: Occurs when a state fails to fulfill its international duties, whether
through actions or omissions.
o Examples: Violations can include breaches of treaties, unlawful use of force, or
failure to protect human rights.
2. Attribution
o Definition: The wrongful act must be attributable to the state. This includes actions
by state organs, officials, or entities acting on behalf of the state.
o Criteria: Attribution requires that the individuals or groups are acting under state
authority or control.
3. Consequences of Breach
o Cessation: The state must cease the wrongful act immediately.
o Reparation: The state is obligated to make full reparation for the injury caused,
which can include restitution, compensation, or satisfaction.
4. Circumstances Precluding Wrongfulness
o Consent: If the injured state consented to the act.
o Self-Defense: Actions taken in lawful self-defence.
o Force Majeure: Unforeseeable events beyond the state's control.
o Distress and Necessity: Situations where actions are necessary to protect essential
interests.
Mechanisms for Addressing State Responsibility
1. Diplomatic Negotiations States may resolve disputes through diplomatic channels and
negotiations.
2. International Arbitration and Adjudication Disputes can be submitted to international
courts or tribunals, such as the International Court of Justice (ICJ).
3. Retorsion and Countermeasures: Retorsion refers to lawful but unfriendly actions taken
by a state in response to another state's unfriendly or harmful conduct, such as imposing
trade restrictions or withdrawing diplomats. Countermeasures are actions that would
normally be illegal but are justified as a response to a prior illegal act by another state,
aimed at inducing the offending state to comply with its international obligations.
Landmark Cases
 Corfu Channel Case (1949): Established principles regarding state responsibility for
allowing harmful acts within its territory.
 Trail Smelter Arbitration (1938/1941): Addressed transboundary environmental harm
and established liability for cross-border pollution.
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1) Principles of State Responsibility

Introduction State responsibility is a key concept in international law that holds states accountable
for breaches of their international obligations. It establishes the framework for addressing violations
and ensuring compliance with international norms.
Key Principles
1. Attribution
o Definition: A wrongful act must be attributable to the state, involving actions by
state organs, officials, or entities acting on behalf of the state.
o Criteria: Involves acts by government bodies or those under state control.
2. Breach of International Obligation
o Definition: Occurs when a state fails to fulfill its international duties through actions
or omissions.
o Examples: Includes treaty violations, unlawful use of force, or failure to protect
human rights.
3. Reparation
o Obligation: States must make full reparation for injuries caused by wrongful acts.
o Forms: Includes restitution (restoring the situation), compensation (financial
payment), and satisfaction (acknowledgment and apology).
4. Circumstances Precluding Wrongfulness
o Consent: If the injured state consented to the act.
o Self-Defense: Actions taken in lawful self-defence.
o Force Majeure: Unforeseeable events beyond the state's control.
o Distress and Necessity: Actions necessary to protect essential interests.
5. Countermeasures are lawful actions by injured states to induce compliance with
obligations, provided they are proportionate and temporary.
Mechanisms for Addressing State Responsibility
1. Diplomatic Negotiations: Resolving disputes through diplomatic channels.
2. International Arbitration and Adjudication: Submitting disputes to international courts or
tribunals like the International Court of Justice (ICJ).
3. Political and Economic Sanctions: Imposing sanctions to pressure compliance with
international obligations.

2) Consequences of Breach of International Obligations

Introduction: When a state breaches its international obligations, it triggers a series of
consequences aimed at addressing the violation and restoring the rights of the injured party. These
consequences ensure accountability and compliance with international law.
Key Consequences
1. Cessation and non-repetition
o Cessation: The offending state must immediately cease the wrongful act.
o Non-Repetition: The state must provide assurances that the breach will not recur.
2. Reparation
o Restitution: Restoring the situation to its original state before the breach, if
possible.
o Compensation: Financial payment for damages caused by the breach.
o Satisfaction: Acknowledgment of the breach, apology, or other appropriate
remedies.
3. Countermeasures
o Definition: Lawful actions taken by the injured state to induce compliance with
international obligations.
o Conditions: Must be proportionate, temporary, and aimed at achieving compliance.
4. Diplomatic and Political Measures
o Negotiations: Engaging in diplomatic discussions to resolve the dispute.
o Mediation and Arbitration: Involving third parties to facilitate resolution.
5. International Adjudication
o International Courts: Submitting disputes to bodies like the International Court of
Justice (ICJ) for binding decisions.
o Tribunals: Utilizing specialized tribunals for specific issues, such as trade or
maritime disputes.
6. Sanctions and Retaliation
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o Economic Sanctions: Imposing trade restrictions or financial penalties.

o Diplomatic Sanctions: Reducing or severing diplomatic relations.
Legal Framework
 International Law Commission (ILC) Articles on State Responsibility: Provides guidelines on
state responsibility and consequences of breaches.
 United Nations Charter: Emphasizes peaceful resolution of disputes and prohibits use of force
except in self-defence or under UN Security Council authorization.
Implications
 Ensures states adhere to international norms and obligations.
 Promotes peaceful resolution of disputes through legal and diplomatic means.
 Encourages states to comply with international law to avoid repercussions.
3) Consequences: Cessation, Reparation
State Responsibility is a fundamental principle in international law that arises when a state
commits an internationally wrongful act, violating its obligations. When such a breach occurs,
international law imposes consequences on the responsible state. These consequences are primarily
categorized into two main obligations: cessation and reparation. Below is a comprehensive analysis
of these concepts, along with other relevant aspects of state responsibility.
1. Cessation of the Wrongful Act
Cessation refers to the immediate obligation of the state to stop the wrongful act it is committing.
This principle ensures that the state halts any ongoing violations of international law.
Key Aspects of Cessation:
 Immediate Stoppage: The responsible state must immediately cease any action that
breaches its international obligations.
 Non-Repetition Assurance: The state must also provide guarantees that it will not repeat
the wrongful act in the future. This is particularly important in cases where there is a risk of
continued or repeated violations.
For example, if a state unlawfully occupies another state's territory or violates human rights, it must
not only withdraw from the territory or stop the violations but also ensure that such actions will not
happen again.
2. Reparation: Reparation is the second major consequence of state responsibility and involves
making amends for the harm caused by the wrongful act. The goal of reparation is to restore, as far
as possible, the situation that existed before the breach occurred.
Forms of Reparation:
1. Restitution:
o Restitution aims to restore the situation to what it was before the wrongful act
occurred.
o If feasible, this could involve returning property, reinstating rights, or undoing any
damage caused.
o For instance, if one state unlawfully seizes property from another, restitution would
require returning that property.
2. Compensation:
o If restitution is not possible (e.g., if physical damage cannot be undone),
compensation is provided.
o Compensation typically involves monetary payment to cover material and non-
material damages.
o For example, if a state's actions cause environmental damage that cannot be
reversed, compensation would be calculated based on the cost to repair or mitigate
that damage.
3. Satisfaction:
o Satisfaction is used when restitution or compensation cannot fully address the harm
caused, especially in cases involving moral or non-material damage (e.g., damage
to reputation).
o This can include formal apologies, acknowledgment of wrongdoing, or other symbolic
gestures.
o Satisfaction might also involve punishing officials responsible for the wrongful act or
issuing official statements recognizing responsibility.
Examples of Reparation in Practice: In cases like the Corfu Channel Case (between Albania and
the United Kingdom), Albania was required to make reparation for damages caused by mines laid in
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its waters. The reparations included financial compensation for loss of life and damage to British
naval vessels.
3. Other Relevant Aspects of State Responsibility
Serious Breaches of Peremptory Norms (Jus Cogens): When a state violates peremptory norms
(such as prohibitions on genocide or slavery), reparation may also include additional consequences
like countermeasures taken by other states. These breaches may require collective responses from
multiple states due to their serious nature.
Invocation of State Responsibility: Before invoking state responsibility, international law often
requires that local remedies be exhausted within the offending state's legal system. However, if local
remedies are ineffective or unavailable, or if there’s a direct breach of international law (e.g., treaty
violations), this requirement may be bypassed.
Proportionality and Delay: States are expected to act promptly when seeking reparation.
Unreasonable delays in filing claims can weaken or invalidate them. Additionally, if an injured state
has contributed to its own harm through improper acts, this may reduce or eliminate its ability to
claim full reparation.
4. Circumstances Precluding Wrongfulness: In some situations, a state may invoke certain
defenses to avoid responsibility for an internationally wrongful act:
1. Consent: If another state consents to an action that would otherwise be unlawful under
international law.
2. Self-defense: If a state acts in self-defence against an armed attack.
3. Force Majeure: If an unforeseen event beyond the control of the state makes it materially
impossible to perform its obligations.
4. Distress and Necessity: In cases where a state's actions are necessary to safeguard an
essential interest against grave danger.
These circumstances do not eliminate responsibility entirely but may limit liability under certain
conditions.

4) Circumstances Precluding Wrongfulness

In international law, State Responsibility arises when a state commits an internationally wrongful
act that breaches its obligations. However, there are certain circumstances under which the
wrongfulness of such an act can be excused or justified. These are known as Circumstances
Precluding Wrongfulness. These circumstances do not deny that the wrongful act occurred but
provide legal justifications that prevent the act from being considered unlawful under international
law. The Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), adopted by
the International Law Commission (ILC) in 2001, outline six key circumstances that preclude
wrongfulness. These are:
1. Consent (Article 20) refers to a situation where one state gives permission for another state to
engage in conduct that would otherwise be internationally wrongful.
Key Aspects:
 The consent must be valid and clearly expressed.
 The conduct must stay within the limits of the consent provided.
 If a state consents to certain actions, it cannot later claim those actions were wrongful as
long as they remain within the scope of the consent.
For example, if State A allows State B to deploy military forces on its territory, State A cannot later
claim that the presence of those forces is a violation of its sovereignty as long as State B acts within
the agreed terms.
2. Self-Defence (Article 21) is a well-established principle under international law, particularly
under Article 51 of the United Nations Charter. It allows a state to use force in response to an armed
attack.
Key Aspects:
 The act must be a lawful measure of self-defence against an armed attack.
 The use of force must be necessary and proportionate to repel the attack.
This principle precludes wrongfulness when a state acts in self-defence against an armed attack,
even if its actions would otherwise violate international law prohibitions on the use of force.
3. Countermeasures (Article 22) refer to actions taken by a state in response to another state's
internationally wrongful act. These actions would normally be unlawful but are permitted as a form
of retaliation or enforcement.
Key Aspects:
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 Countermeasures must be directed at inducing the wrongdoing state to comply with its
international obligations.
 They must be proportionate and not involve the use of force.
 Countermeasures must cease once the wrongful act is remedied or negotiations begin.
For example, if State A breaches a trade agreement with State B, State B may impose retaliatory
trade restrictions until State A complies with its obligations.
4. Force Majeure (Article 23) refers to an irresistible force or unforeseen event beyond the control
of the state that makes it materially impossible for it to perform its international obligations.
Key Aspects:
 The event must be beyond the state's control and unforeseeable.
 The situation must make it physically or legally impossible for the state to fulfill its
obligations.
For instance, natural disasters like earthquakes or floods might prevent a state from fulfilling certain
treaty obligations temporarily.
Exceptions: Cannot be invoked if the state itself contributed to or caused the situation.
5. Distress (Article 24) occurs when a state takes action that would otherwise be wrongful but
does so because there is no other reasonable way to save lives, including those entrusted to its care.
Key Aspects:
 The action is taken in an emergency situation where human lives are at risk.
 There must be no other reasonable way to save lives.
For example, if a state's aircraft enters another state's airspace without permission due to an
emergency (such as mechanical failure), this could be justified under distress if it was necessary to
save lives.
Exceptions: Cannot justify actions if they create a greater or comparable peril than the one avoided.
6. Necessity (Article 25) allows a state to take measures that would otherwise violate international
law if these measures are essential for safeguarding an essential interest against a grave and
imminent peril.
Key Aspects:
 The action must be the only way for the state to protect an essential interest from serious
and imminent danger.
 The action must not seriously impair essential interests of other states or the international
community as a whole.
For example, during an environmental crisis threatening national survival, a state may take
measures that breach international agreements if those measures are necessary to protect vital
interests like public health or safety.
Exceptions: Necessity cannot be invoked if it conflicts with peremptory norms (jus cogens) or if the
state contributed to creating the situation of necessity.
7. Compliance with Peremptory Norms (Article 26): No circumstance can preclude
wrongfulness if it involves violating peremptory norms (jus cogens), which are fundamental
principles of international law from which no derogation is permitted. Examples include prohibitions
on genocide, slavery, torture, and aggression.
8. Consequences of Invoking Circumstances Precluding Wrongfulness (Article 27)
Even when one of these circumstances precludes wrongfulness:
 It does not affect any obligation for reparation if harm has been caused by the act.
 The invocation does not absolve responsibility for any continuing obligations under
international law.
For instance, even if force majeure is invoked successfully, the responsible state may still need to
compensate for any damages caused during that period.

7. Law of Treaties
Introduction The law of treaties is a fundamental aspect of international law, governing the
creation, interpretation, and enforcement of agreements between states and international
organizations. Treaties are the primary source of international legal obligations, providing a
framework for cooperation and regulation across various domains.
Key Aspects of the Law of Treaties
1. Definition and Nature
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o Treaty Definition: A treaty is a formal, legally binding agreement between two or

more states or international organizations. It can take various forms, including
conventions, accords, protocols, and pacts.
o Legal Status: Treaties are binding under international law, requiring parties to
adhere to their terms in good faith (pacta sunt servanda).
2. Types of Treaties
o Bilateral Treaties: Agreements between two parties.
o Multilateral Treaties: Agreements involving multiple parties, often addressing
global issues like climate change or trade.
o Universal Treaties: Open to all states and aim for widespread participation, such
as the United Nations Charter.
o Regional Treaties: Limited to specific geographic areas or groups of states.
3. Functions of Treaties
o Regulation: Establish rules and standards in areas like trade, human rights, and
environmental protection.
o Cooperation: Facilitate cooperation on shared challenges and interests.
o Dispute Resolution: Provide mechanisms for resolving disputes between parties.
4. Binding Nature Once ratified, treaties create binding legal obligations for the parties
involved. Non-compliance can lead to disputes and potential sanctions.
5. Role in International Law Treaties are a primary source of international law, alongside
customary international law and general principles. They contribute to the development of
legal norms and frameworks governing state behavior.
6. Challenges in Treaty Law
o Interpretation: Ambiguities in treaty language can lead to differing interpretations
and disputes.
o Compliance: Ensuring parties adhere to treaty obligations can be challenging,
especially when domestic laws conflict with international commitments.
o Amendments and Modifications: Changing circumstances may necessitate
updates or revisions to treaty terms.

1) Types, Formation, Interpretation, and Termination

Introduction The law of treaties is a crucial aspect of international law, governing the creation,
interpretation, and termination of treaties between states and international organizations. Treaties
are legally binding agreements that establish rights and obligations for the parties involved. If 2/3rd
of Members agrees, the treaty stands adopted.
Types of Treaties
In international law, treaties are formal agreements between states or international entities that
establish legal obligations. They are governed by the Vienna Convention on the Law of Treaties
(1969), which defines a treaty as "an international agreement concluded between States in written
form and governed by international law." Treaties can be classified based on their purpose, content,
or number of parties. The main types include:
1. Bilateral Treaties: These involve two parties (usually two states) and create obligations
between them. For example, trade agreements or defense pacts between two countries.
2. Multilateral Treaties: These involve three or more parties and create obligations among
all signatories. Examples include environmental treaties like the Paris Agreement or human
rights treaties like the International Covenant on Civil and Political Rights (ICCPR).
3. Law-Making Treaties: These treaties create binding rules of international law that apply
to all parties, often addressing global issues like human rights or maritime law. They do not
depend on reciprocal obligations but impose independent duties on each party.
4. Contractual Treaties: These treaties resemble contracts where states agree to exchange
specific benefits, such as trade agreements or resource-sharing pacts.
Treaties also cover various subject areas, including:
 Political Treaties: Alliances or disarmament agreements.
 Commercial Treaties: Trade and economic cooperation agreements.
 Human Rights Treaties: Establishing protections for individuals, such as the Universal
Declaration of Human Rights.
 Environmental Treaties: Addressing global environmental concerns, like the Paris
Climate Agreement.
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The Vienna Convention outlines key provisions for treaty creation, interpretation, modification, and
termination. It mandates that treaties must be adhered to (pacta sunt servanda) and provides
mechanisms for resolving disputes through bodies like the International Court of Justice (ICJ).
Formation of Treaties
1. Negotiation
o Process: Representatives from the involved parties negotiate the terms of the
treaty. This stage may involve multiple rounds of discussions to resolve differences
and agree on provisions.
o Outcome: A draft text that reflects the consensus reached by the parties.
2. Adoption of the Text - Formal Adoption: Once negotiations conclude, the treaty text is
formally adopted, usually during a diplomatic conference or through other formal
procedures.
3. Reservation to a treaty allows a state to exclude or modify certain provisions of a treaty
when it joins, without rejecting the entire treaty. This flexibility helps states agree to treaties
while tailoring specific obligations to their national interests or legal systems.
4. Signature Significance: The treaty is signed by representatives of the states, indicating
their intention to comply with its terms. Signature does not create binding obligations but
signals consent to the text.
5. Ratification (Domestic Approval): The treaty is formally approved by each state
according to its domestic procedures, which may involve legislative approval or other
constitutional requirements. Binding Commitment: Ratification signifies a state's consent
to be legally bound by the treaty. No retrospective effect, only prospective.
6. Entry into Force (Conditions Met): The treaty becomes legally binding once specified
conditions for its entry into force are met, such as a required number of ratifications.
7. Implementation (Domestic Incorporation): States take necessary measures to
incorporate the treaty's provisions into their domestic legal systems to ensure compliance.
8. Accession or Adhesion refers to the process by which a new state becomes a party to an
existing treaty that has already been negotiated and signed by other states. It has the same
legal effect as ratification, meaning the new state agrees to be bound by the treaty's terms.
9. Registration & Publication: According to Article 102 of the UN Charter, every treaty or
international agreement entered into by a UN member must be registered with the UN
Secretariat. If a treaty is not registered, it cannot be invoked before any UN organ, such as
the International Court of Justice
Interpretation of Treaties
1. Ordinary Meaning Treaties should be interpreted in good faith according to the ordinary
meaning of their terms in context and in light of their object and purpose.
2. Contextual Interpretation Includes considering the text, preamble, annexes, and any
related agreements or instruments.
3. Subsequent Practice Consideration is given to subsequent practice in applying the treaty,
which establishes agreement among parties regarding its interpretation.
4. Object and Purpose The interpretation should align with the treaty's goals and objectives
to give effect to its intended purpose.
5. Supplementary Means If ambiguity remains, supplementary means such as preparatory
work (travaux préparatoires) and circumstances of conclusion may be used.
Invalid Treaties: A treaty can become invalid for the following reasons:
1. Lack of Authority: If the representative signing the treaty did not have proper authority
(Article 46).
2. Error: A fundamental mistake was made in forming the treaty (Article 48).
3. Fraud: One party was deceived during the treaty's negotiation (Article 49).
4. Corruption: The representative was bribed or corrupted (Article 50).
5. Coercion: The treaty was signed under threats or force (Article 51-52).
6. Conflict with Jus Cogens: The treaty violates fundamental international laws (Article 53).
Termination and Suspension of Treaties
1. Mutual Consent Parties may agree to terminate or suspend a treaty through mutual
consent.
2. Breach A material breach by one party may allow others to terminate or suspend their
obligations under the treaty.
3. Impossibility of Performance If it becomes impossible to perform due to unforeseen
events, a treaty may be terminated or suspended.
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4. Fundamental Change of Circumstances (Rebus Sic Stantibus): This is an exception to

Pacta sunt Servanda. A fundamental change in circumstances unforeseen by parties at
conclusion allows for the termination or modification of treaties. For example, if two countries
sign a treaty based on certain conditions, but those conditions change drastically (such as a
natural disaster or war), one party may invoke this principle to argue that the treaty is no
longer applicable. However, this principle is used very cautiously to ensure stability in
international agreements.
o The change must be significant and unforeseen.
o It applies only if the change affects the core conditions of the agreement.
o It is an exception to the general rule that treaties must be honoured (pacta sunt
servanda).
5. Conflict with New Peremptory Norm (Jus Cogens) Jus Cogens refers to "peremptory
norms" in international law, which are fundamental principles that cannot be violated by any
country or treaty. These norms are so important that no state can opt out of them, even by
mutual agreement. Examples include prohibitions against genocide, slavery, and torture. Jus
Cogens norms are binding on all states and take precedence over other international
agreements or laws.

2) Rights and Duties of Parties in Treaties

Treaties are formal agreements between states or international organizations that create binding
legal obligations. The Vienna Convention on the Law of Treaties (1969) is the primary legal
framework that governs the creation, interpretation, and enforcement of treaties. Below is a
comprehensive analysis of the key principles and provisions governing the rights and duties of parties
to treaties under international law.
Key Principles and Provisions
1. Pacta Sunt Servanda (Article 26)
 Principle: This Latin maxim means "agreements must be kept." It is one of the most
fundamental principles in treaty law. Under pacta sunt servanda, every treaty in force is
binding upon the parties to it, and they must perform their obligations in good faith.
 Right: States have the right to expect that all parties will fulfill their treaty obligations.
 Duty: Each party must comply with the terms of the treaty without evasion or bad faith.
 Explanation: This principle ensures stability and predictability in international relations by
holding states accountable for their commitments.
2. Consent to be Bound (Articles 11-15)
 Principle: A state becomes bound by a treaty only through its consent, which can be
expressed by signature, ratification, acceptance, approval, or accession.
 Right: States have the right to voluntarily express their consent to be bound by a treaty.
 Duty: Once consent is given, states are obligated to adhere to the treaty's provisions.
 Explanation: No state can be forced into a treaty without its explicit consent, ensuring that
treaties are entered into freely.
3. Reservations (Articles 19-23)
 Principle: A reservation allows a state to exclude or modify certain provisions of a treaty
when it signs or ratifies it.
 Right: States have the right to make reservations unless explicitly prohibited by the treaty
or if the reservation is incompatible with its object and purpose.
 Duty: Reservations must not undermine the core objectives of the treaty. Other parties have
the right to accept or reject these reservations.
 Explanation: Reservations provide flexibility for states to join multilateral treaties while
maintaining certain exceptions.
4. Interpretation of Treaties (Articles 31-33)
 Principle: Treaties must be interpreted in good faith according to the ordinary meaning of
their terms in context and in light of their object and purpose.
 Right: Each party has the right to interpret a treaty but must do so in good faith.
 Duty: Parties are obligated to interpret treaties consistently with their object and purpose,
avoiding interpretations that would defeat these aims.
 Explanation: The goal is to ensure that treaties are interpreted in a way that preserves
their effectiveness and reflects the intentions of the parties.
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5. Third Parties (Articles 34-38)

 Principle: A treaty does not create rights or obligations for third states without their
consent.
 Right: Third-party states are free from any obligations unless they explicitly agree to be
bound by certain provisions.
 Duty: Parties cannot impose obligations on non-parties without their consent.
 Explanation: This principle protects states from being bound by treaties they did not
participate in negotiating or agreeing to.
6. Amendment and Modification (Articles 39-41)
 Principle: Treaties can be amended or modified if all parties agree or if specific procedures
within the treaty allow for such changes.
 Right: Parties have the right to propose amendments or modifications when necessary.
 Duty: Amendments must follow established procedures, ensuring that all parties' interests
are considered before changes are made.
 Explanation: This principle allows treaties to remain relevant as circumstances evolve while
ensuring fairness for all parties involved.
Suspension and Termination of Treaties
7. Material Breach (Article 60)
 Principle: A material breach occurs when one party violates an essential provision of a
treaty, allowing other parties to suspend or terminate their obligations under it.
 Right: A party may suspend or terminate its obligations if another party commits a material
breach.
 Duty: Parties must not terminate treaties prematurely without just cause; they should follow
proper procedures for dispute resolution before termination.
 Explanation: Material breaches provide justifiable grounds for suspension but do not
automatically terminate treaties.
8. Fundamental Change of Circumstances (Rebus Sic Stantibus) (Article 62)
 Principle: If there has been a fundamental change in circumstances since a treaty was
concluded, a party may invoke this as grounds for terminating or withdrawing from it.
 Right: A state may withdraw from a treaty if unforeseen changes fundamentally alter its
obligations under that treaty.
 Duty: The change must be unforeseen and substantial enough to affect the core purpose of
the treaty; otherwise, withdrawal is not justified.
 Explanation: This doctrine applies only in exceptional cases where continuing under
radically changed conditions would be unfair.
Additional Rights and Duties
9. Good Faith Performance
All treaties require that states perform their obligations in good faith (bona fide). This principle
ensures that states act honestly and sincerely when fulfilling their commitments.
10. Non-Retroactivity (Article 28)
Treaties do not apply retroactively unless explicitly stated otherwise within their text. This principle
ensures that states are not bound by obligations for past actions unless they have agreed otherwise.
Conclusion: The rights and duties of parties under treaties are governed by well-established
principles codified primarily in the Vienna Convention on the Law of Treaties. These principles ensure
that states enter into agreements voluntarily, perform their obligations in good faith, and have
mechanisms for resolving disputes or modifying agreements as circumstances change.
3) Validity and Enforcement of Treaties
Treaties are formal agreements between states that create binding legal obligations. The Vienna
Convention on the Law of Treaties (1969) (VCLT) is the primary international instrument that governs
the validity, enforcement, interpretation, and termination of treaties. Below is a comprehensive
analysis of the key principles and provisions related to the validity and enforcement of treaties in
international law.
Key Principles and Provisions
1. Validity of Treaties
The validity of a treaty refers to its legal force and whether it can be considered binding on the
parties involved. The Vienna Convention outlines several conditions for determining the validity of
treaties.
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A. Consent to be Bound (Articles 11-15)

 Principle: A treaty is only valid if the parties have freely given their consent to be bound
by it. Consent can be expressed through signature, ratification, acceptance, approval, or
accession.
 Right: States have the right to voluntarily agree to be bound by a treaty.
 Duty: Once consent is given, states must comply with the treaty’s provisions.
 Explanation: No state can be forced into a treaty without its explicit consent, ensuring that
treaties are entered into freely.
B. Grounds for Invalidity (Articles 46-53)
Several grounds can render a treaty invalid:
 Violation of Domestic Law on Treaty-Making (Article 46): If a state consents to a
treaty in violation of its own domestic law concerning its authority to conclude treaties, the
treaty may be invalidated if this violation was manifest and concerned a rule of fundamental
importance.
 Error (Article 48): A treaty is invalid if a party's consent was based on an error relating to
a fact or situation that was assumed at the time of conclusion.
 Fraud or Corruption (Articles 49-50): If consent was obtained through fraud or
corruption of a state's representative, the treaty may be considered invalid.
 Coercion (Articles 51-52): A treaty is invalid if consent was obtained through coercion or
threats against a state’s representative or through coercion by force.
 Conflict with Jus Cogens (Article 53): A treaty is void if it conflicts with jus cogens
norms—peremptory norms of international law from which no derogation is permitted (e.g.,
prohibition of genocide, slavery).
2. Enforcement of Treaties
Enforcement refers to ensuring that states comply with their obligations under a treaty. The Vienna
Convention provides several mechanisms and principles for enforcing treaties.
A. Pacta Sunt Servanda (Article 26)
 Principle: This Latin maxim means "agreements must be kept." Under pacta sunt servanda,
every treaty in force is binding upon the parties to it, and they must perform their obligations
in good faith.
 Right: States have the right to expect that all parties will fulfill their treaty obligations.
 Duty: Each party must comply with the terms of the treaty without evasion or bad faith.
 Explanation: This principle ensures stability and predictability in international relations by
holding states accountable for their commitments.
B. Non-Retroactivity (Article 28)
 Principle: Treaties do not apply retroactively unless explicitly stated otherwise within their
text.
 Right: States are not bound by obligations for past actions unless they have agreed
otherwise.
 Duty: States must ensure that their actions align with their obligations under treaties from
the moment they become bound by them.
C. Domestic Law vs International Obligations (Article 27)
 Principle: A state cannot invoke its domestic law as justification for failing to perform its
obligations under a treaty.
 Right: Other parties have the right to expect compliance regardless of domestic legal issues.
 Duty: States must ensure that their domestic laws do not conflict with their international
obligations under treaties.
Termination and Suspension of Treaties
Treaties may be terminated or suspended under certain conditions as outlined in Articles 54-64 of
the Vienna Convention.
A. Termination by Agreement (Article 54)
 A treaty may be terminated if all parties agree or if the treaty itself provides for termination
procedures.
B. Material Breach (Article 60)
 A material breach occurs when one party violates an essential provision of a treaty, allowing
other parties to suspend or terminate their obligations under it.
C. Supervening Impossibility of Performance (Article 61)
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 A party may terminate or withdraw from a treaty if an unforeseen event makes it impossible
to perform its obligations under the treaty.
D. Fundamental Change of Circumstances (Rebus Sic Stantibus) (Article 62)
 If there has been a fundamental change in circumstances since a treaty was concluded, a
party may invoke this as grounds for terminating or withdrawing from it. However, this
doctrine applies only in exceptional cases where continuing under radically changed
conditions would be unfair.
Additional Aspects
1. Dispute Resolution Mechanisms
Most treaties include provisions for resolving disputes between parties regarding interpretation or
application. These mechanisms may involve negotiation, arbitration, or adjudication before
international courts like the International Court of Justice (ICJ).
2. Third Parties and Treaties (Articles 34-38)
Treaties generally do not create rights or obligations for third states without their consent. However,
third states may benefit from certain provisions if expressly agreed upon by all parties involved.
Conclusion: The validity and enforcement of treaties are governed by well-established principles
codified primarily in the Vienna Convention on the Law of Treaties. These principles ensure that
states enter into agreements voluntarily, perform their obligations in good faith (pacta sunt
servanda), and have mechanisms for resolving disputes or modifying agreements as circumstances
change.
4) Vienna Convention on the Law of Treaties
Introduction The Vienna Convention on the Law of Treaties (VCLT), adopted in 1969, is a key
international agreement that codifies the rules governing treaties between states. It provides a
comprehensive framework for the creation, interpretation, and termination of treaties, ensuring
consistency and predictability in international relations.
Key Aspects of the VCLT
1. Scope and Application
o Applicability: The VCLT applies to treaties between states and outlines general
principles for treaty law. It does not cover treaties involving international
organizations, which are addressed in a separate convention.
o Entry into Force: The VCLT entered into force on January 27, 1980, and is binding
on states that have ratified it.
2. Formation of Treaties
o Negotiation and Conclusion: The VCLT outlines procedures for negotiating and
concluding treaties, including adoption, signature, and ratification.
o Consent to be Bound: States express consent to be bound by a treaty through
ratification, acceptance, approval, or accession.
3. Interpretation of Treaties
o General Rule: Treaties are to be interpreted in good faith according to the ordinary
meaning of their terms in context and in light of their object and purpose (Article
31).
o Supplementary Means: If ambiguity remains, supplementary means such as
preparatory work (travaux préparatoires) may be used (Article 32). Travaux
Préparatoires refers to the official records or documents created during the drafting
and negotiation of a treaty or legal agreement. These records include minutes of
meetings, discussions, and reports that capture the intentions and considerations of
the parties involved in drafting the treaty. When the text of a treaty is unclear, courts
or legal scholars may refer to these preparatory works to discern the original intent
of the drafters and clarify the treaty's interpretation.
4. Invalidity of Treaties
o Grounds for Invalidity: The VCLT specifies circumstances under which a treaty
may be considered invalid, including coercion, fraud, error, or conflict with a
peremptory norm (jus cogens).
5. Termination and Suspension
o Procedures: The VCLT provides procedures for terminating or suspending treaties
by mutual consent or due to breach, impossibility of performance, or fundamental
change of circumstances (Articles 54-64).
6. Reservations
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o Definition: A reservation is a unilateral statement by a state to exclude or modify

the legal effect of certain treaty provisions.
o Permissibility: Reservations must not be incompatible with the treaty's object and
purpose (Article 19).
7. Jus Cogens Norms
o Peremptory Norms: The VCLT recognizes jus cogens norms as overriding principles
that invalidate conflicting treaties (Article 53). The Article states that any treaty that
conflicts with a jus cogens norm is void. These norms are non-derogable, meaning
they cannot be set aside even by mutual agreement between states. In simple
terms, jus cogens norms are like "super laws" in international law that all countries
must follow, and no treaty can violate them.
Significance
 Codification of Customary Law: The VCLT codifies many principles of customary
international law regarding treaties.
 Stability and Predictability: Provides a clear legal framework that enhances stability and
predictability in international relations.
 Dispute Resolution: Offers mechanisms for resolving disputes related to treaty
interpretation and application.
8. Law of the Sea
Introduction The Law of the Sea is a branch of international law that governs the rights and
responsibilities of states in their use of the world's oceans. It establishes guidelines for maritime
boundaries, navigation, resource management, and environmental protection. The United Nations
Convention on the Law of the Sea (UNCLOS), adopted in 1982, is the primary legal framework for
maritime affairs.
Key Aspects of the Law of the Sea
1. Maritime Zones
o Territorial Sea: Extends up to 12 nautical miles from a coastal state's baseline,
granting sovereignty over the airspace, seabed, and waters.
o Contiguous Zone: Extends up to 24 nautical miles from the baseline, allowing
states to enforce laws related to customs, immigration, and pollution.
o Exclusive Economic Zone (EEZ): The EEZ extends up to 200 nautical miles from
the baseline of a coastal state's territorial sea (Article 57). Coastal states have
sovereign rights for exploring, exploiting, conserving, and managing natural
resources (living and non-living) within the EEZ (Article 56). This includes resources
in the water column, seabed, and subsoil. Other states enjoy freedoms in the EEZ,
such as navigation, overflight, and laying submarine cables and pipelines, provided
they respect the rights of the coastal state (Article 58). The delimitation of
overlapping EEZs between neighbouring states should be achieved through
agreement based on international law to avoid conflicts (Article 74). A coastal state
can extend its Exclusive Economic Zone (EEZ) beyond 200 nautical miles if it can
prove that its continental shelf naturally extends further. The state must submit
scientific data to the Commission on the Limits of the Continental Shelf (CLCS), and
if approved, the EEZ can extend up to 350 nautical miles from the baseline.
o Continental Shelf: The continental shelf of a coastal state comprises the seabed
and subsoil of the submarine areas that extend beyond its territorial sea, up to 200
nautical miles or further if the natural prolongation of its land territory extends
beyond this limit (Article 76). Coastal states have sovereign rights over the
continental shelf for exploring and exploiting its natural resources, such as minerals
and oil (Article 77). These rights exist automatically, without needing to declare or
occupy the area. A state can extend its continental shelf beyond 200 nautical miles
if it can prove that its continental margin extends further. This extension can go up
to 350 nautical miles from the baseline or 100 nautical miles beyond the 2,500-
meter isobath (Article 76). To claim an extended continental shelf, a state must
submit scientific data to the Commission on the Limits of the Continental Shelf
(CLCS), which reviews and makes recommendations on the outer limits (Article 76).
In areas beyond 200 nautical miles, coastal states have rights only over resources
on and under the seabed, not over the water column above it (Article 78).
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o High Seas: The High Seas are all parts of the sea not included in the Exclusive
Economic Zone (EEZ), territorial sea, or internal waters of a state (Article 86). They
are open to all states, whether coastal or landlocked. All states enjoy several
freedoms on the High Seas, including:
1. Freedom of navigation.
2. Freedom of overflight.
3. Freedom to lay submarine cables and pipelines.
4. Freedom to construct artificial islands and structures.
5. Freedom of fishing.
6. Freedom of scientific research (Article 87).
The High Seas are not subject to any state's sovereignty, but ships on the high seas
fall under the jurisdiction of their flag state (Article 92). This means that only the
flag state can exercise enforcement over its ships, except in specific cases like piracy.
States may exercise jurisdiction over ships flying another flag in cases such as piracy,
slave trade, unauthorized broadcasting, and drug trafficking (Articles 99-108). Piracy
is prohibited on the High Seas, and all states have universal jurisdiction to seize
pirate ships and prosecute those involved (Articles 100-107).
2. Navigation Rights UNCLOS affirms freedom of navigation and overflight in international
waters, including rights of innocent passage through territorial seas and transit passage
through international straits.
3. Resource Management Coastal states have rights to explore and exploit marine resources
within their EEZs. UNCLOS promotes sustainable management of fisheries and mineral
resources.
4. Environmental Protection States are required to prevent, reduce, and control marine
pollution from various sources. UNCLOS also encourages cooperation in marine scientific
research and conservation.
5. Dispute Resolution UNCLOS provides mechanisms for resolving maritime disputes through
the International Tribunal for the Law of the Sea (ITLOS), arbitration, or other peaceful
means. Article 279 mandates that states must settle any dispute concerning the
interpretation or application of UNCLOS by peaceful means, in accordance with the UN
Charter. Under Article 287, states can choose one or more of the following methods for
dispute resolution:
o International Tribunal for the Law of the Sea (ITLOS).
o International Court of Justice (ICJ).
o Arbitration under Annex VII.
o Special Arbitration under Annex VIII for specific categories like fisheries or
environmental disputes.
If parties cannot resolve their dispute through negotiation or other peaceful means, they are
required to submit it to one of the compulsory procedures listed in Article 287. Articles 297
and 298 provide certain exceptions where states may opt out of compulsory dispute
settlement, such as disputes concerning military activities or sovereignty over maritime
boundaries.
Significance
 Legal Framework: UNCLOS provides a comprehensive legal framework that balances
coastal state rights with international interests in navigation and resource use.
 Global Cooperation: Encourages international cooperation in managing ocean resources
and addressing environmental challenges.
 Maritime Security: Enhances maritime security by establishing clear guidelines for
jurisdiction and enforcement.

1) Maritime Zones (Territorial Sea, Contiguous Zone, Continental Shelf, Exclusive Economic Zone,
High Seas)
Introduction Maritime zones are distinct areas of the sea over which coastal states have varying
degrees of rights and jurisdiction. The United Nations Convention on the Law of the Sea (UNCLOS)
defines these zones, balancing coastal state interests with international rights to navigation and
resource use.
Territorial Sea
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Definition and Extent - Territorial Sea: Extends up to 12 nautical miles from a coastal state's
baseline, typically the low-water line along the coast.
Rights and Jurisdiction
 Sovereignty: Coastal states have full sovereignty over the territorial sea, which extends up
to 12 nautical miles from the baseline (Article 2, UNCLOS), including the airspace above and
seabed below.
 Jurisdiction: The coastal state exercises criminal and civil jurisdiction over foreign ships in
its territorial sea but must respect certain limitations, especially for ships passing through
under innocent passage (Articles 27-28).
 Innocent Passage: Foreign vessels have the right of innocent passage, meaning they can
traverse the territorial sea as long as they do not threaten the peace, security, or order of
the coastal state. Coastal states must not hamper innocent passage and should ensure that
necessary aids to navigation are maintained (Article 24).
 Hot Pursuit: Coastal states may pursue and arrest a foreign vessel if it violates laws within
the territorial sea and flees to the high seas, provided the pursuit is continuous.
Contiguous Zone
Definition and Extent
 Contiguous Zone: The Contiguous Zone extends up to 24 nautical miles from the baseline,
beyond the 12 nautical miles of the territorial sea (Article 33, UNCLOS).
 Preventive Measures: Coastal states can take necessary measures to prevent
infringement of customs, fiscal, immigration, or sanitary laws within their territory or
territorial sea.
Rights and Jurisdiction
 Jurisdiction: In this zone, the coastal state has limited jurisdiction to prevent and punish
violations of its customs, fiscal, immigration, or sanitary laws that occur within its territory
or territorial sea (Article 33).
 Enforcement Rights: The coastal state can take necessary actions to prevent infringement
of its laws and regulations and punish violations committed within its territory or territorial
sea.
Exclusive Economic Zone (EEZ)
Definition and Extent
 EEZ: The EEZ extends up to 200 nautical miles from the baseline of a coastal state's
territorial sea (Article 57, UNCLOS).
 Artificial Islands: Coastal states have the right to construct and regulate artificial islands
and installations for economic purposes.
 Marine Research: Coastal states can regulate marine scientific research conducted by
foreign entities in their EEZ.
Rights and Jurisdiction
 Resource Rights: Coastal states have sovereign rights for exploring, exploiting,
conserving, and managing natural resources (living and non-living) in the water column,
seabed, and subsoil within the EEZ (Article 56).
 Jurisdictional Rights: Coastal states have jurisdiction over activities such as:
o The establishment and use of artificial islands or structures.
o Marine scientific research.
o Protection and preservation of the marine environment (Article 56).
 Rights of other states: Other states enjoy freedoms in the EEZ, including navigation,
overflight, and laying submarine cables and pipelines, provided they respect the coastal
state’s rights (Article 58).
 Delimitation: If EEZs overlap between neighbouring states, they must agree on their
boundaries based on international law to avoid conflicts (Article 74).
Continental Shelf
Definition and Extent
 Continental Shelf: The Continental Shelf of a coastal state extends to the seabed and
subsoil of the submarine areas up to 200 nautical miles from the baseline, or beyond if the
natural prolongation of its land territory extends further (Article 76, UNCLOS).
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 Extended Claims: States can claim an extended continental shelf beyond 200 nautical miles
if they can prove the natural prolongation of their land territory, subject to review by the
Commission on the Limits of the Continental Shelf.
Rights and Jurisdiction
 Sovereign Rights: Coastal states have sovereign rights over the continental shelf for
exploring and exploiting its natural resources, such as minerals and oil (Article 77). These
rights exist automatically, without needing to declare or occupy the area.
 No Sovereignty Over Water Column: In areas beyond 200 nautical miles, coastal states
have rights only over resources on and under the seabed, not over the water column above
it (Article 78).
 Extended Continental Shelf: A coastal state can extend its continental shelf beyond 200
nautical miles if it can prove that its continental margin extends further. The maximum
extension can be up to 350 nautical miles from the baseline or 100 nautical miles beyond
the 2,500-meter isobath (Article 76).
High Seas
Definition
 High Seas: Areas beyond national jurisdiction that are open to all states for navigation,
fishing, scientific research, and other activities.
 Piracy Jurisdiction: All states have jurisdiction to seize pirate ships on the high seas and
prosecute individuals involved in piracy.
 Flag State Responsibility: Ships on the high seas are subject to the jurisdiction of their
flag state, which must ensure compliance with international regulations.
Jurisdiction
 Ships on the High Seas are subject to the exclusive jurisdiction of their flag state, meaning
only the state whose flag the ship flies can exercise legal authority over it (Article 92). Other
states may intervene in cases of piracy, the slave trade, unauthorized broadcasting, drug
trafficking, or if a ship is stateless (Articles 99-108). All states have the right to seize pirate
ships on the High Seas and prosecute those involved in piracy under universal jurisdiction
(Article 105).
Rights and Responsibilities
 Freedom of Use: The High Seas are open to all states, whether coastal or landlocked, and
no state can claim sovereignty over them (Article 87). Freedoms include navigation,
overflight, fishing, laying submarine cables and pipelines, constructing artificial islands, and
conducting scientific research.
 Conservation Obligations: States must cooperate in conserving living resources on the
high seas.

2) Land Locked States

Introduction Landlocked states are countries entirely surrounded by land, lacking direct access to
the ocean. This geographical limitation poses unique challenges in terms of trade, transportation,
and economic development. International law provides specific rights and duties to address these
challenges and facilitate access to the sea.
Key Characteristics
1. Geographical Limitation Landlocked states have no coastline, which restricts their direct
access to maritime resources and trade routes.
2. Economic Challenges Dependence on neighbouring transit states for access to global
markets can increase transportation costs and complicate trade logistics.
Rights of Landlocked States
1. Right of Access to the Sea
o Landlocked states have the right to access and use the sea for trade purposes
through neighbouring coastal states (Article 125, UNCLOS). This includes freedom
of transit through the territory of transit states by all means of transport.
2. Freedom of Transit
o Coastal states must allow landlocked states freedom of transit through their territory
without unnecessary delays or restrictions (Article 125). This right is subject to
mutually agreed terms between the landlocked and transit states.
o Infrastructure such as railways, roads, and pipelines should facilitate efficient transit.
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3. Participation in Maritime Treaties Landlocked states have the right to participate in

international treaties related to maritime issues, ensuring their interests are represented in
global maritime governance.
4. Participation in Marine Resource Exploitation Landlocked states have the right to
participate, on an equitable basis, in the exploitation of living resources in the Exclusive
Economic Zones (EEZ) of coastal states in their region (Article 69).
Duties of Landlocked States
1. Respect for Transit State Laws While enjoying transit rights, landlocked states must
respect the laws and regulations of transit states.
2. Cooperation with Transit States Engage in cooperative agreements with neighbouring
countries to ensure smooth transit and mutual benefits.
Examples
1. Switzerland: Known for its efficient use of transit agreements with neighbouring countries
like Germany and Italy to access European ports.
2. Nepal: Relies on India for access to seaports, highlighting the importance of bilateral
agreements for trade facilitation.

3) Delimitation of Adjacent and Opposite Maritime Boundaries

1. Introduction to Maritime Boundary Delimitation: Maritime boundary delimitation is a crucial
aspect of international law, especially under the United Nations Convention on the Law of the Sea
(UNCLOS), 1982. It deals with resolving overlapping maritime claims between states, ensuring
peaceful and equitable outcomes.
2. Key Principles in International Law
 Equitable Principles and Relevant Circumstances:
o Maritime boundaries should be determined based on equity, not just strict
equidistance.
o Factors such as coastal geography, natural prolongation, economic interests, and
historical claims are considered.
o For example, in the North Sea Continental Shelf Cases (1969), the International
Court of Justice (ICJ) emphasized equity over strict equidistance.
 UNCLOS Provisions:
o Article 15: Governs territorial sea delimitation between adjacent or opposite states.
It prescribes using the median line unless special circumstances justify otherwise.
o Articles 74 and 83: Focus on delimitation of the Exclusive Economic Zone (EEZ)
and continental shelf, emphasizing equitable solutions through agreement.
3. Methods for Delimiting Maritime Boundaries
 Equidistance/Median Line Method: A line equidistant from the nearest points on the
coasts of two states is drawn as a starting point. Adjustments are made if this leads to
inequitable results.
 Proportionality Test: Ensures that boundaries reflect a fair division relative to the lengths
of each state's coastline. For instance, in Libya v. Malta (1985), the ICJ adjusted an
equidistant line due to significant differences in coastline lengths.
4. Special Circumstances Affecting Delimitation
 Islands: Islands can complicate boundary delimitation. Depending on their size and
location, they may be given full effect, partial effect, or no effect in determining boundaries.
 Geological Features: Natural prolongation of land territory into the sea can influence
continental shelf claims.
5. Case Law Shaping Maritime Delimitation
 North Sea Continental Shelf Cases (1969): Rejected strict equidistance in favor of
equitable principles.
 Libya v. Malta (1985): Adjusted an equidistant line based on proportionality.
 Gulf of Maine Case (1984): Demonstrated that special circumstances like geographic
features can justify deviations from equidistance.
6. Peaceful Resolution Mechanisms When states cannot reach an agreement through
negotiation, they may resort to peaceful dispute resolution mechanisms under UNCLOS:
 International Court of Justice (ICJ): Resolves disputes by applying international law
principles to achieve equitable solutions.
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 International Tribunal for the Law of the Sea (ITLOS): Adjudicates disputes concerning
maritime boundaries under UNCLOS.
7. Types of Maritime Boundaries
 Territorial Sea: Extends up to 12 nautical miles from a state’s baseline. If overlapping with
another state’s territorial sea, boundaries are determined by mutual agreement or
equidistance unless special circumstances apply.
 Exclusive Economic Zone (EEZ): Extends up to 200 nautical miles from a state’s baseline,
granting rights over natural resources. Overlapping EEZs are delimited similarly to territorial
seas.
 Continental Shelf: The seabed extending beyond a state’s territorial sea where it has
sovereign rights for natural resource exploitation. Delimitation follows equitable principles.
8. Three-Step Process for Delimitation by ICJ
1. Provisional Equidistance Line: A provisional line is drawn based on equidistance between
coastlines.
2. Adjustment Based on Relevant Circumstances: The provisional line is adjusted
considering factors such as geography or socio-economic considerations.
3. Proportionality Check: Ensures that the final boundary does not disproportionately
allocate maritime space compared to coastline lengths.
9. Challenges in Maritime Boundary Delimitation
 Geographical Complexity: Coastal configurations like peninsulas or islands can complicate
delimitation efforts.
 Natural Resource Disputes: Overlapping claims to resources like oil or fisheries can
escalate tensions between states.
 Historical Claims: Some states invoke historical usage or treaties inconsistent with modern
legal frameworks like UNCLOS.

A. Anglo-Norwegian Fisheries Case (1951)

Full Citation: United Kingdom v. Norway, [1951] ICJ 3
Court: International Court of Justice (ICJ)
Date of Judgment: December 18, 1951
Case Facts: The Anglo-Norwegian Fisheries Case involved a dispute between the United Kingdom
and Norway regarding the delimitation of Norway’s territorial waters for fishing purposes. In 1935,
Norway enacted a decree establishing straight baselines along its deeply indented coastline to
measure its territorial sea. This method allowed Norway to claim a larger area of sea, including rich
fishing grounds. The United Kingdom challenged this decree, arguing that it violated international
law, particularly the "ten-mile rule," which limited the breadth of territorial seas. The case was
brought before the International Court of Justice (ICJ) in 1951 to resolve whether Norway's method
of drawing straight baselines complied with international law.
Issues
1. Validity of Norway’s Baseline Method: Did Norway’s method of drawing straight
baselines along its coast comply with international law?
2. Applicability of the Ten-Mile Rule: Was the ten-mile rule (which limits the breadth of
bays from which baselines can be drawn) a binding principle under international law?
Arguments
 United Kingdom: Argued that Norway's straight baselines were excessive and did not
conform to established principles of international law. Asserted that the ten-mile rule should
apply, limiting the width of bays from which baselines could be drawn.
 Norway: Defended its baseline method based on the unique geographical features of its
coastline, which included numerous fjords and islands. Claimed that its method had been
consistently applied over time and was justified by local custom and practice.
Judgment: The ICJ ruled in favor of Norway, holding that:
1. Norway’s Baseline Method Was Lawful: The Court found that Norway's method of
drawing straight baselines was consistent with international law. The Court emphasized that
the delimitation of territorial seas should take into account specific geographical conditions
unique to each state’s coastline.
2. Ten-Mile Rule Not Binding: The Court rejected the United Kingdom’s argument that the
ten-mile rule was a rigid principle of international law. It held that this rule had not attained
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the status of customary international law and that flexibility was necessary to account for
varying coastal configurations.
3. Local Custom as a Factor: The Court recognized that Norway had applied its baseline
system consistently over time and that other states had acquiesced to it, contributing to its
legitimacy under customary international law.
Principles Involved
1. Customary International Law and Local Custom:
o The ICJ emphasized that local practices and geographical realities could shape the
application of customary international law regarding maritime boundaries.
o It recognized that while general principles exist, they must be flexible enough to
accommodate unique circumstances like those presented by Norway’s deeply
indented coastline.
2. Equidistance vs. Special Circumstances: While equidistance is often used as a starting
point for maritime delimitation, this case highlighted that the special circumstances, such as
irregular coastlines, could justify deviations from strict equidistance principles.
3. Rejection of Rigid Rules: The judgment clarified that certain rules, such as the ten-mile
rule, were not universally binding under customary international law. Instead, states could
adopt methods suited to their specific geographical conditions if done consistently and
without objection from other states.
Analysis: The Anglo-Norwegian Fisheries Case is a landmark decision in international maritime law
for several reasons:
1. Recognition of Geographical Realities: The case established an important precedent by
recognizing that maritime delimitation must take into account unique geographical features.
This flexibility allows states with irregular coastlines to adopt methods like straight baselines
if they are justified by local conditions.
2. Development of Customary International Law: The judgment underscored the role of
local custom in shaping customary international law, particularly when such customs are
consistently applied over time and accepted by other states.
3. Impact on Future Maritime Boundary Cases: This case influenced subsequent maritime
boundary disputes by affirming that no single method (such as equidistance or strict
adherence to specific rules like the ten-mile rule) should be applied universally without
considering special circumstances.
4. Flexibility in Maritime Delimitation: The ICJ's ruling demonstrated the adaptability of
international law in addressing diverse challenges posed by maritime boundaries, especially
in regions with complex coastal geography.

B. Corfu Channel Case (1949)

Full Citation: United Kingdom v. Albania, [1949] ICJ 4
Court: International Court of Justice (ICJ)
Date of Judgment: April 9, 1949 (Merits), December 15, 1949 (Reparations)
Case Facts: The Corfu Channel Case arose from a series of incidents in the Corfu Strait, part of
Albanian territorial waters, in 1946. On October 22, 1946, two British warships, HMS Saumarez and
HMS Volage, struck mines while passing through the Corfu Channel, resulting in severe damage to
the ships and the loss of several lives. The UK alleged that Albania was responsible for laying the
mines or, at the very least, had failed to warn ships of their presence. The UK further argued that
Albania had violated international law by not ensuring that its territorial waters were safe for
navigation. Albania denied responsibility for the mine-laying and contended that the UK had violated
its sovereignty by sending warships through its territorial waters without prior notification or consent.
Issues
1. State Responsibility: Was Albania responsible under international law for failing to warn
the United Kingdom about the presence of mines in its territorial waters?
2. Right of Innocent Passage: Did British warships have the right to pass through Albanian
territorial waters under the doctrine of innocent passage?
3. Violation of Sovereignty: Did the United Kingdom violate Albanian sovereignty by
conducting unauthorized minesweeping operations in Albanian waters after the explosions?
Arguments
 United Kingdom:
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o Argued that Albania had a duty to warn other states of dangers in its territorial
waters, especially since it had knowledge or should have had knowledge of the
minefield.
o Claimed that Albania either laid the mines itself or allowed them to be laid by a third
party.
o Defended its subsequent minesweeping operations as necessary for ensuring safe
navigation.
 Albania:
o Denied any involvement in laying the mines and argued that it was not responsible
for their presence.
o Contended that British warships violated Albanian sovereignty by entering its
territorial waters without permission.
o Asserted that any subsequent actions by Britain, including minesweeping operations,
were unlawful as they infringed on Albania's territorial integrity.
Judgment: The International Court of Justice (ICJ) delivered a split judgment addressing both state
responsibility and sovereignty:
1. Albania’s Responsibility:
o The Court found that Albania was responsible for failing to notify other states about
the existence of a minefield in its territorial waters.
o The ICJ held that Albania either knew or should have known about the mines and
had an obligation under international law to warn ships passing through its waters.
2. UK’s Right of Innocent Passage:
o The Court recognized that British warships had a right to pass through the Corfu
Channel under the doctrine of innocent passage, provided they did not threaten
Albania’s peace or security.
o The ICJ ruled that innocent passage applies even to warships in international straits
like Corfu, which are used for international navigation.
3. UK’s Minesweeping Operations:
o However, the Court found that Britain’s subsequent minesweeping operations
conducted without Albania’s consent violated Albanian sovereignty.
o While Britain was justified in seeking to ensure safe navigation, it should have sought
Albania’s permission before undertaking such operations within Albanian territorial
waters.
4. Reparations: In a later judgment on December 15, 1949, the ICJ ordered Albania to pay
compensation to the United Kingdom for damages caused by the mine explosions. The
amount awarded was £843,947.
Principles Involved
1. State Responsibility:
o The case reinforced the principle that states are responsible for harmful acts
occurring within their territory if they fail to take reasonable measures to prevent
harm or notify others about potential dangers.
o Even if direct evidence linking a state to harmful acts is unavailable, circumstantial
evidence can establish state responsibility when exclusive control over territory is
involved.
2. Right of Innocent Passage:
o The judgment clarified that warships have a right to innocent passage through
international straits used for navigation between two parts of the high seas or
between high seas and territorial seas.
o However, this right must be exercised without threatening security or peace.
3. Limits on Self-Help and Sovereignty:
o The ICJ emphasized that while states may take measures to ensure their safety
(such as minesweeping), such actions must respect other states' sovereignty.
o Unilateral actions within another state’s territory without consent constitute a
violation of sovereignty.
Analysis: The Corfu Channel Case is significant in several ways:
1. State Responsibility and Territorial Control: This case established an important
precedent regarding state responsibility for activities within its territory, even when direct
evidence is lacking. It affirmed that states have an obligation not only to refrain from harmful
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actions but also to prevent harm from occurring within their territory when they have
knowledge or control over dangerous conditions.
2. Innocent Passage Doctrine: The case clarified how the right of innocent passage applies
to warships navigating international straits. It confirmed that this right exists under
international law but must be balanced with respect for coastal states' sovereignty.
3. Sovereignty vs. International Security: The judgment highlighted tensions between
national sovereignty and international security concerns. While Britain’s actions were
motivated by security interests (ensuring safe navigation), they nonetheless violated
Albanian sovereignty due to lack of consent.
4. Diplomatic Protection and Reparations: The case also reinforced principles relating to
diplomatic protection and reparations under international law. By holding Albania financially
liable for damages caused by its failure to act, the ICJ underscored states' obligations to
compensate others when their actions or omissions cause harm.

C. North Sea Continental Shelf Cases (1969)

 Full Citation: Federal Republic of Germany v. Denmark; Federal Republic of Germany v.
Netherlands, [1969] ICJ Rep 3
 Court: International Court of Justice (ICJ)
 Date of Judgment: February 20, 1969
Case Facts: The North Sea Continental Shelf Cases involved a dispute between the Federal Republic
of Germany (West Germany), Denmark, and the Netherlands regarding the delimitation of the
continental shelf in the North Sea. The continental shelf is a seabed area extending from a country's
coast, over which coastal states have sovereign rights for exploring and exploiting natural resources.
The dispute arose because Denmark and the Netherlands had already delimited their continental
shelves using the equidistance principle, which draws a boundary equidistant from the nearest points
on the coasts of each state. However, Germany argued that this method was unfair due to its concave
coastline, which would result in a disproportionately small share of the continental shelf compared
to its neighbours. Germany contended that instead of using equidistance, the delimitation should be
based on equitable principles that would ensure each country received a "just and equitable share"
of the continental shelf.
Issues
1. Equidistance vs. Equitable Principles: Should the delimitation of the continental shelf be
based on the equidistance principle or on equitable principles that take into account
geographical factors?
2. Applicability of Customary International Law: Was the equidistance principle a binding
rule under customary international law or under Article 6 of the 1958 Geneva Convention on
the Continental Shelf?
3. Natural Prolongation: Did each coastal state have an inherent right to areas of the
continental shelf that were a natural prolongation of its land territory into and under the
sea?
Principles Involved
1. Equidistance Principle: The equidistance principle suggests that boundaries should be
drawn at equal distances from the nearest points on each state's coastlines. Denmark and
the Netherlands argued that equidistance principle was binding under Article 6 of the 1958
Geneva Convention on the Continental Shelf.
2. Equitable Principles: Germany advocated for delimitation based on equitable principles,
arguing that strict application of equidistance would result in an unfair distribution due to its
concave coastline. Equitable principles take into account factors such as geography,
proportionality, and fairness to ensure an equitable outcome.
3. Customary International Law: The case also explored whether equidistance had become
part of customary international law or whether it was merely a treaty-based obligation under
specific conventions like the Geneva Convention.
4. Natural Prolongation Doctrine: This doctrine holds that coastal states have sovereign
rights over areas that are a natural extension of their land territory into the sea.
Judgment: The ICJ delivered its judgment by 11 votes to 6 in favor of Germany’s position:
1. Rejection of Mandatory Equidistance Rule:
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o The Court rejected Denmark’s and the Netherlands’ argument that equidistance was
a mandatory rule under customary international law or Article 6 of the 1958 Geneva
Convention.
o The Court held that Article 6 did not apply automatically unless all parties agreed to
it, and it was not binding as customary law.
2. Equitable Principles Must Guide Delimitation:
o The Court ruled that delimitation should be based on equitable principles rather than
strict adherence to equidistance.
o It emphasized that each state had an inherent right to areas constituting a natural
prolongation of its land territory into and under the sea.
o The Court stated that delimitation should not involve "apportioning" or "sharing" but
rather defining boundaries in accordance with equity.
3. Factors for Consideration:
o The Court indicated several factors that should be considered when applying
equitable principles, including:
 The geographical configuration of coastlines.
 The proportionality between coastline lengths and continental shelf areas.
 The need to avoid disproportionate outcomes due to geographical
peculiarities (such as concave coastlines).
4. Negotiation Requirement: The Court did not draw specific boundaries but instead left it
to the parties to negotiate an agreement based on these equitable principles.
Key Takeaways from Judgment
1. Equitable Principles Over Equidistance: The ICJ established that while equidistance
could be used as a method for delimitation, it was not mandatory in cases where it would
lead to inequitable results.
2. Customary International Law vs Treaty Obligations: The judgment clarified that
equidistance was not part of customary international law unless explicitly agreed upon by
treaty (such as under Article 6 of the Geneva Convention).
3. Natural Prolongation Doctrine: Coastal states have sovereign rights over their natural
prolongation into and under the sea, but these rights must be balanced with equitable
considerations when delimiting boundaries with neighbouring states.
4. Proportionality Principle: Proportionality between coastline length and continental shelf
area is an important factor in ensuring fair outcomes in maritime boundary disputes.

D. Republic of Italy v. Union of India (2013)

1. Case Overview
 Case Name: Republic of Italy v. Union of India, (2013) (also known as the Enrica Lexie
Incident)
 Court: Supreme Court of India
 Date of Judgment: January 18, 2013
The case arose from an incident on February 15, 2012, where two Italian marines, Massimiliano
Latorre and Salvatore Girone, stationed aboard the Italian oil tanker Enrica Lexie, allegedly shot and
killed two Indian fishermen off the coast of Kerala. The marines mistook the fishermen for pirates
and opened fire. The incident occurred within India's Exclusive Economic Zone (EEZ), approximately
20.5 nautical miles from the Indian coast.
2. Key Issues
1. Jurisdiction: Did India have the legal authority to try the Italian marines for an incident
that occurred in its EEZ?
2. Sovereign Immunity: Were the Italian marines entitled to sovereign immunity as they
were part of a military operation?
3. Applicable Law: Should Indian law or international law govern the prosecution of the
marines?
3. Legal Principles Involved
1. Jurisdiction in EEZ:
o Under the United Nations Convention on the Law of the Sea (UNCLOS), coastal states
have sovereign rights in their EEZ for economic purposes but limited jurisdiction over
criminal matters unless they affect national interests.
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o Article 97 of UNCLOS states that only the flag state (Italy) or the state of nationality
of those involved has jurisdiction in cases involving incidents on the high seas.
2. Sovereign Immunity:
o Italy argued that the marines were part of a military operation and entitled to
sovereign immunity under international law.
o Sovereign immunity generally protects state officials from legal action in foreign
courts when acting in their official capacity.
3. International Law vs Domestic Law:
o The case raised questions about whether Indian domestic laws or international
maritime laws should apply to incidents occurring within its EEZ.
4. Judgment by the Supreme Court of India
1. Jurisdiction: The Court held that India had jurisdiction to try the Italian marines because
the incident occurred within India's EEZ and involved Indian nationals (the fishermen).
Although UNCLOS grants limited rights to coastal states in their EEZs, India had an interest
in protecting its citizens and could exercise criminal jurisdiction over matters affecting them.
2. Sovereign Immunity: The Court rejected Italy's claim that the marines were entitled to
sovereign immunity, ruling that immunity could not be claimed for acts resulting in harm to
civilians, particularly when such acts occurred within India's EEZ.
3. Transfer of Case to Special Court: The Supreme Court directed that a special court be
set up to try the case, ensuring both parties' interests were protected. It ruled that while
Kerala police had no jurisdiction, the Union Government (Central Government) was
competent to prosecute under Indian law.
4. International Arbitration: Following this judgment, Italy took the case to international
arbitration under Annex VII of UNCLOS, arguing that only Italy had jurisdiction over its
marines.
5. Key Takeaways from Judgment
1. India’s Jurisdiction Over EEZ Incidents: The judgment reinforced India's right to
exercise criminal jurisdiction over incidents occurring within its EEZ if they affect its nationals
or interests, even though such areas are not fully sovereign territory.
2. Rejection of Sovereign Immunity Claims: The decision clarified that military personnel
cannot automatically claim sovereign immunity for acts committed outside their official
duties when those acts result in harm to civilians.
3. International Arbitration: This case highlighted tensions between domestic legal systems
and international arbitration mechanisms under treaties like UNCLOS.

E. Libya v. Tunisia Continental Shelf Case (1982)

1. Case Overview
 Case Name: Continental Shelf (Tunisia/Libyan Arab Jamahiriya)
 Court: International Court of Justice (ICJ)
 Date of Judgment: February 24, 1982
 Citation: [1982] ICJ Rep 18
The case involved a dispute between Tunisia and Libya over the delimitation of their continental shelf
in the Mediterranean Sea, an area rich in natural resources, particularly petroleum. Unable to reach
an agreement, both countries submitted the matter to the ICJ in 1977.
2. Key Issues
1. Equitable Principles vs. Equidistance: Should the boundary be determined using
equitable principles or the equidistance method?
2. Natural Prolongation: How should the concept of natural prolongation apply to the
continental shelf boundary?
3. Historical Factors: Should historical agreements and economic concessions influence the
delimitation?
3. Legal Principles Involved
1. Equitable Principles: The ICJ emphasized that maritime boundaries must be based on
equitable principles, not rigid methods like equidistance. Equity allows flexibility, considering
factors such as geography, fairness, and proportionality.
2. Natural Prolongation: Under international law, coastal states have rights over their
continental shelf as a natural extension of their land territory. However, when two states'
shelves overlap, the ICJ must divide the area equitably.
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3. Proportionality: The Court considered whether the ratio between the coastlines of Tunisia
and Libya should affect how much continental shelf each state receives.
4. Relevant Circumstances: The ICJ took into account geographical features (e.g., Tunisia's
Kerkennah Islands) and economic interests (e.g., oil concessions).
4. Judgment The ICJ ruled by a vote of 10-4 in favor of using equitable principles for delimiting the
boundary:
1. Rejection of Strict Equidistance: The Court rejected Libya’s argument for strict
equidistance because it would not lead to an equitable result due to geographical differences.
2. Application of Equitable Principles: The Court divided the disputed area into two sectors
and applied different methods for each sector based on geographical considerations.
3. Limited Role of Natural Prolongation: While natural prolongation was relevant, it was
not decisive since both states' shelves were part of a single geological structure.
4. Historical Factors Considered but Not Decisive: Tunisia's argument that past
agreements should influence delimitation was considered but did not play a major role.
5. Final Delimitation Line: The Court drew a boundary line that adjusted for geographical
disparities while ensuring both states received a fair share of the continental shelf.
5. Key Takeaways from Judgment
1. Equity Over Rigid Formulae: The judgment reinforced that maritime delimitation should
prioritize equity over strict methods like equidistance.
2. Proportionality Principle: Proportionality was highlighted as important in ensuring that
one state does not gain an unfair advantage due to geographic features.
3. Limited Role of Natural Prolongation: Natural prolongation is relevant but not always
decisive when other factors like geography indicate adjustments are needed for equity.
4. Influence on Future Cases: This case set an important precedent by emphasizing
flexibility and fairness in maritime boundary disputes.

F. In the Matter of Bay of Bengal Maritime Boundary Arbitration

The Bay of Bengal Maritime Boundary Arbitration between Bangladesh and India (2014) was a
significant case concerning the delimitation of the maritime boundary between the two countries.
The dispute was resolved by an Arbitral Tribunal constituted under Annex VII of the United Nations
Convention on the Law of the Sea (UNCLOS).
Key Issues and Principles
1. Jurisdiction: Both Bangladesh and India are parties to UNCLOS, and the Tribunal had
jurisdiction to delimit the territorial sea, Exclusive Economic Zone (EEZ), and continental
shelf within and beyond 200 nautical miles. The Tribunal was tasked with determining the
land boundary terminus and resolving overlapping maritime claims.
2. Delimitation Methods:
o Equidistance/Relevant Circumstances Method: India argued for this method,
which involves drawing a provisional equidistance line between the coasts of both
states and adjusting it if relevant circumstances justify it.
o Angle Bisector Method: Bangladesh advocated for this method, citing the
concavity of its coast and coastal instability as reasons for departing from
equidistance.
3. Tribunal’s Decision:
o The Tribunal favoured the equidistance/relevant circumstances method, rejecting
Bangladesh’s angle bisector approach.
o It acknowledged that while coastal instability was not a relevant factor, the concavity
of the Bay of Bengal created a "cut-off" effect that disadvantaged Bangladesh. This
justified adjusting the provisional equidistance line to achieve an equitable solution.
4. Proportionality Test: The Tribunal ensured that the final boundary did not
disproportionately disadvantage either party by comparing the ratio of relevant coastlines to
the maritime areas allocated.
5. Grey Area: The Tribunal's decision created a "grey area" beyond 200 nautical miles from
Bangladesh’s coast but within 200 nautical miles of India's coast. In this area, Bangladesh
has rights over the continental shelf, while India retains rights over the superjacent waters.

4) Concept of "Common Heritage of Mankind"

Introduction The concept of the "Common Heritage of Mankind" is a principle in international law
that emphasizes collective ownership and shared responsibility for certain global resources. It is
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primarily applied to areas beyond national jurisdiction, such as the deep seabed, outer space, and
Antarctica, ensuring these resources are used for the benefit of all humanity.
Key Aspects
1. Legal Framework
o United Nations Convention on the Law of the Sea (UNCLOS): Part XI of
UNCLOS enshrines this principle concerning the International Seabed Area, declaring
it the common heritage of mankind.
o International Seabed Authority (ISA): Established by UNCLOS to manage
seabed resources and ensure equitable sharing of benefits.
2. Principles
o Non-Appropriation: No state or entity can claim ownership or sovereignty over
CHM areas. These areas are beyond national jurisdiction and cannot be exploited
solely for individual state benefit.
o Shared Benefit: Resources from CHM areas must be used for the benefit of all
countries, particularly developing nations, ensuring equitable sharing.
o Sustainable Use: The exploitation of resources in CHM areas must be done
sustainably, preserving them for future generations.
o Peaceful Purposes: CHM areas are reserved exclusively for peaceful purposes;
militarization or hostile activities are prohibited.
o International Management: CHM areas are managed by international bodies like
the International Seabed Authority (ISA) for deep-sea resources under UNCLOS.
o Equitable Access: Ensures that all states, regardless of their technological or
economic status, can access and benefit from these resources.
3. Rights and Responsibilities
o Benefit-Sharing: States must share benefits derived from resource exploitation,
contributing to global development.
o Environmental Protection: Activities must minimize harm to the environment,
preserving biodiversity and ecosystems.
4. Challenges
o Technological and Economic Disparities: Differences among states can affect
equitable access and benefit-sharing.
o Regulatory Compliance: Ensuring all activities comply with international
regulations and environmental standards.
5. Examples
o Deep Seabed Mining: The ISA regulates exploration and mining activities to ensure
they align with the common heritage principle.
o Outer Space Treaty (1967): Applies this concept to outer space, preventing
national appropriation and promoting peaceful use.
5) International Seabed Mining – Parallel System of Mining
International seabed mining refers to the exploration and exploitation of mineral resources from the
seabed beyond national jurisdiction, known as "the Area." This area is governed by the United
Nations Convention on the Law of the Sea (UNCLOS), which establishes a legal framework for seabed
activities. The parallel system of mining was introduced under Part XI of UNCLOS to ensure equitable
access to seabed resources, balancing the interests of developed and developing countries.
Key Principles and Legal Framework
1. Common Heritage of Mankind: The Area and its resources are considered the common
heritage of mankind, meaning no state can claim sovereignty over it. All activities in this
region must benefit humanity as a whole, with special emphasis on developing countries.
This principle ensures that seabed resources are shared equitably among all countries,
preventing monopolization by technologically advanced nations.
2. International Seabed Authority (ISA): The ISA, established under UNCLOS, regulates
all activities related to seabed mining in the Area. It issues contracts for exploration and
exploitation, sets environmental standards, and ensures that activities are conducted
sustainably. States or entities wishing to engage in seabed mining must be sponsored by a
State Party to UNCLOS and obtain approval from the ISA.
3. Parallel System of Mining
o The parallel system ensures that both private contractors (largely from
technologically advanced countries) and developing states have access to seabed
resources.
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o Private contractors must work alongside the Enterprise (an organ of the ISA), which
represents the interests of developing states. Contractors are required to share
technology and knowledge with the Enterprise, ensuring that developing countries
can also participate in deep-sea mining.
4. Mining Code: The Mining Code is a set of rules issued by the ISA to govern prospecting,
exploration, and exploitation of marine minerals such as polymetallic nodules, polymetallic
sulphides, and cobalt-rich crusts. These regulations ensure that mining activities comply with
environmental standards and that financial benefits are shared equitably.
5. Environmental Protection: UNCLOS mandates that seabed mining must be conducted
with due regard for environmental protection. The ISA adopts regulations to prevent
pollution, protect vulnerable ecosystems, and mitigate harmful effects on marine life.
Contractors must apply precautionary measures and best environmental practices to
minimize damage to marine ecosystems.
6. Sponsoring State Responsibility: States sponsoring mining entities have a duty to
exercise "due diligence" to ensure compliance with UNCLOS regulations. This includes
ensuring that contractors adhere to environmental standards and do not engage in activities
harmful to other states or ecosystems.
Parallel System in Practice
1. Contractor Obligations
o Private contractors must submit detailed plans for exploration or exploitation,
including environmental impact assessments. They must demonstrate financial and
technical capacity before receiving approval from the ISA.
o Contractors are required to share technology with developing countries through the
Enterprise, ensuring equitable access to deep-sea mining opportunities.
2. Role of the Enterprise
o The Enterprise is an operational arm of the ISA representing developing states'
interests in seabed mining activities. It participates directly in operations or through
joint ventures with private contractors.
o This ensures that developing countries benefit from seabed resources without
needing direct access to advanced technology.
3. Equitable Sharing of Benefits
o Financial benefits from seabed mining, such as royalties paid by contractors, are
shared equitably among all countries, with particular emphasis on assisting
developing nations.
o This mechanism helps bridge the gap between technologically advanced nations
capable of conducting deep-sea mining and developing countries lacking such
capabilities.
Challenges and Concerns
1. Environmental Risks: Seabed mining poses significant risks to marine ecosystems,
including habitat destruction, sediment plumes, and pollution from mining operations. The
ISA faces challenges in balancing economic benefits with environmental protection.
2. Technological Uncertainty: Deep-sea mining is still in its early stages, with significant
uncertainties regarding its long-term environmental impacts due to limited scientific
knowledge about deep-sea ecosystems.
3. Legal Gaps for Non-Signatories: Some countries, like the United States, have not ratified
UNCLOS but have enacted their own legal frameworks for deep-sea mining (e.g., Deep
Seabed Hard Mineral Resources Act). This creates potential conflicts between national laws
and international regulations under UNCLOS.

9. The United Nations Organisation

The United Nations Organisation (UN) was established in 1945 following World War II to promote
global peace, security, and cooperation. Its primary objectives are:
1. Maintaining International Peace and Security: The UN works to prevent conflicts,
mediate disputes, and promote peaceful resolutions between nations.
2. Promoting Human Rights: It seeks to uphold fundamental human rights and freedoms for
all people, regardless of nationality or background.
3. Fostering Social and Economic Development: The UN encourages sustainable
development, poverty reduction, and the improvement of living standards worldwide.
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4. Providing Humanitarian Aid: It responds to crises such as natural disasters, conflicts, and
pandemics by coordinating international relief efforts.
5. Upholding International Law: The UN promotes respect for international law through its
judicial institutions and treaties.
The UN operates based on core principles like the sovereign equality of all its member states, non-
interference in domestic affairs, and the peaceful settlement of disputes.
The United Nations Organisation Overview
The United Nations Organisation (UN) was established in 1945 with the primary purpose of
maintaining international peace and security, promoting human rights, fostering social and economic
development, and providing humanitarian assistance. The UN operates under several key principles
that are enshrined in its founding document, the UN Charter, and are recognized in international
law:
1. Sovereign Equality of States: All member states of the UN are considered equal in terms
of sovereignty, regardless of their size or power. This principle ensures that each state has
one vote in the General Assembly and is treated equally under international law.
2. Peaceful Settlement of Disputes: The UN encourages the peaceful resolution of disputes
between states through negotiation, mediation, arbitration, or judicial settlement. The
Security Council plays a central role in addressing threats to peace and security.
3. Non-Intervention: The UN respects the sovereignty of its member states and refrains from
intervening in their domestic matters unless there is a threat to international peace and
security.
4. Promotion of Human Rights: One of the core objectives of the UN is to promote and
protect human rights globally. This is reflected in various international treaties and
conventions developed under the UN framework, such as the Universal Declaration of Human
Rights (UDHR).
5. International Cooperation: The UN fosters cooperation among nations on issues such as
economic development, environmental protection, health, education, and social progress.
This is achieved through specialized agencies like UNESCO (United Nations Educational,
Scientific and Cultural Organization) and WHO (World Health Organization).
6. Collective Security: The UN operates on the principle of collective security, meaning that
an attack on one member state is considered an attack on all. The Security Council has the
authority to take collective action to maintain or restore international peace.
7. Rule of Law: The UN promotes adherence to international law through its judicial organs
like the International Court of Justice (ICJ). It encourages states to settle their disputes
according to established legal principles rather than through force.
1) The General Assembly
The General Assembly is one of the six principal organs of the United Nations (UN) and serves as
a platform where all 193 member states have equal representation. It is the main deliberative,
policymaking, and representative organ of the UN.
Key Functions and Objectives:
1. Deliberative Forum:
o The General Assembly provides a forum for member states to discuss and debate a
wide range of international issues, including peace and security, development,
human rights, international law, and global cooperation.
o Each member state has one vote, ensuring equal participation regardless of size or
power.
2. Decision-Making:
o While most resolutions passed by the General Assembly are non-binding
recommendations, they carry significant political weight as they represent the
collective will of the international community.
o Decisions on important issues such as peace and security, admission of new
members, and budgetary matters require a two-thirds majority vote.
3. Elective Functions: The General Assembly elects the non-permanent members to the
Security Council, members of the Economic and Social Council (UNESCO), judges to the
International Court of Justice (ICJ), and appoints the Secretary-General based on
recommendations from the Security Council.
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4. Budgetary Control: The General Assembly oversees and approves the UN budget. It
allocates financial resources to various UN programs and specialized agencies. It also
assesses contributions from member states based on their capacity to pay.
5. International Law Development:
o The General Assembly plays a key role in promoting the development and
codification of international law. It can initiate studies, draft treaties, and establish
international legal frameworks through its Legal Committee (Sixth Committee).
o The General Assembly has been instrumental in adopting major international legal
instruments such as the Universal Declaration of Human Rights (UDHR) and various
human rights conventions.
6. Special Sessions:
o The General Assembly can convene special sessions to address urgent global issues
such as health crises, conflicts, or humanitarian emergencies.
o Emergency special sessions can be called under the "Uniting for Peace" resolution if
the Security Council fails to act due to a veto by one of its permanent members.
Principles Underlying Its Operations:
1. Sovereign Equality: All member states have equal voting rights in the General Assembly,
regardless of their size or economic power. This reflects the principle of sovereign equality
enshrined in Article 2(1) of the UN Charter.
2. Universal Representation: As all member states are represented in the General Assembly,
it serves as a universal body where global issues can be addressed collectively.
3. Non-Binding Resolutions: Most resolutions passed by the General Assembly are
recommendations rather than binding decisions. However, they reflect global consensus on
key issues and can influence international norms and policies.
4. Promotion of Peaceful Cooperation: The General Assembly promotes peaceful
cooperation among nations by encouraging dialogue, negotiation, mediation, and diplomatic
efforts to resolve conflicts.
5. Human Rights Advocacy: A core objective of the General Assembly is to promote human
rights globally. It adopts resolutions that call for respect for human rights standards and
addresses violations through debates and recommendations.

2) Security Council
The Security Council is one of the six principal organs of the United Nations (UN) and is primarily
responsible for maintaining international peace and security. It plays a central role in preventing
conflicts, resolving disputes, and responding to global crises. The Security Council has the authority
to make decisions that member states are obligated to implement under the UN Charter.
Key Functions and Objectives:
1. Maintaining International Peace and Security:
o The Security Council is tasked with identifying threats to peace and taking action to
prevent conflicts. It can impose sanctions, authorize military interventions, or deploy
peacekeeping forces to stabilize regions in conflict.
o It also works to mediate disputes between countries through negotiations or
diplomatic efforts.
2. Binding Decisions: Unlike the General Assembly, the Security Council’s decisions are
legally binding on all UN member states. This authority comes from Chapter VII of the UN
Charter, which allows the Council to take enforcement measures such as sanctions or military
action.
3. Permanent and Non-Permanent Members:
o The Security Council consists of 15 members: 5 permanent members (China, France,
Russia, the United Kingdom, and the United States), who have veto power, and 10
non-permanent members elected for two-year terms by the General Assembly.
o The 5 permanent members hold significant influence due to their veto power, which
allows them to block any substantive resolution.
4. Veto Power: The five permanent members have veto power over substantive matters. This
means that if any one of them votes against a resolution, it cannot be adopted. The veto
system has been both criticized and defended; critics argue it hinders action on important
issues, while supporters claim it maintains a balance of power among major global players.
5. Peacekeeping Operations:
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o The Security Council authorizes peacekeeping missions to help maintain stability in

post-conflict regions or during ongoing conflicts. These missions are composed of
troops contributed by member states.
o Peacekeepers are deployed with mandates that range from monitoring ceasefires to
protecting civilians or assisting in political transitions.
6. Sanctions and Enforcement Actions:
o The Security Council can impose sanctions on countries or groups that threaten
international peace. These sanctions may include arms embargoes, travel bans,
asset freezes, or trade restrictions.
o In extreme cases, the Security Council can authorize military interventions to restore
peace and security.
Principles Underlying Its Operations:
1. Collective Security: The principle of collective security underpins the work of the Security
Council. An attack on one member state is considered an attack on all, prompting collective
action by the international community.
2. Sovereign Equality: While all UN member states are sovereign equals under international
law, the Security Council has special powers to act on behalf of all members when addressing
threats to peace.
3. Responsibility to Protect (R2P): The concept of Responsibility to Protect is increasingly
guiding the actions of the Security Council. This principle holds that states have a duty to
protect their populations from genocide, war crimes, ethnic cleansing, and crimes against
humanity. If a state fails in this duty, the international community may intervene through
the Security Council.
4. Peaceful Settlement of Disputes: The Security Council encourages peaceful resolution of
disputes through negotiation, mediation, arbitration, or judicial settlement before resorting
to enforcement actions.
5. Use of Force as a Last Resort: Under Chapter VII of the UN Charter, the use of force is
considered a last resort when peaceful means have failed. The Security Council must
authorize any military intervention or enforcement action.

3) United Nations Economic and Social Council (UNESCO)

The United Nations Economic and Social Council (UNESCO) is one of the six principal organs of the
United Nations (UN) responsible for promoting international economic and social cooperation and
development. Established under the UN Charter, UNESCO coordinates the work of various specialized
agencies, commissions, and programs aimed at addressing global economic, social, cultural,
educational, health, and environmental issues.
Key Functions and Objectives:
1. Coordination of Specialized Agencies: UNESCO coordinates the activities of specialized
UN agencies such as the World Health Organization (WHO), International Labour
Organization (ILO), United Nations Educational, Scientific and Cultural Organization
(UNESCO), and others. These agencies work on specific global issues like health, labor rights,
education, and environmental protection.
2. Promoting Sustainable Development: A primary objective of UNESCO is to promote
sustainable development by addressing issues like poverty reduction, education, gender
equality, environmental sustainability, and economic growth. It plays a central role in
advancing the 2030 Agenda for Sustainable Development and its 17 Sustainable
Development Goals (SDGs).
3. Policy Recommendations: UNESCO conduct studies and makes policy recommendations
to member states on international economic, social, cultural, educational, health-related
issues. These recommendations aim to improve living standards globally and address
pressing challenges such as inequality, hunger, climate change, and public health crises.
4. International Conferences: UNESCO facilitates international conferences on key global
issues such as climate change, financing for development, human rights, and social justice.
These conferences bring together governments, civil society organizations, private sector
representatives, and other stakeholders to discuss solutions to global challenges.
5. Consultative Status for NGOs: UNESCO grants consultative status to non-governmental
organizations (NGOs), allowing them to participate in its work. This status enables NGOs to
contribute to discussions on global issues by providing expertise and advocacy on topics
such as human rights, environmental protection, and social justice.
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6. Humanitarian Assistance: UNESCO plays a vital role in coordinating humanitarian

assistance in response to natural disasters or conflicts. It works with UN agencies like UNICEF
(United Nations Children's Fund) and UNDP (United Nations Development Programme) to
provide aid to affected regions.
Principles Underlying Its Operations:
1. International Cooperation: UNESCO operates on the principle of fostering international
cooperation among member states to address global economic and social challenges
collectively. It encourages collaboration between governments, international organizations,
civil society groups, and the private sector.
2. Promotion of Human Rights: A core principle guiding UNESCO's work is the promotion of
human rights through economic and social development. By addressing issues like poverty
alleviation, education access, gender equality, and healthcare improvement, UNESCO
contributes to the realization of fundamental human rights worldwide.
3. Equitable Economic Growth: UNESCO emphasizes equitable economic growth that
benefits all nations (particularly developing countries) by promoting policies that reduce
inequality within and among nations.
4. Sustainable Development: The principle of sustainable development is central to
UNESCO's mission. It advocates for development that meets the needs of the present
without compromising the ability of future generations to meet their own needs.
5. Global Solidarity: UNESCO promotes solidarity among nations in addressing global
challenges like climate change or pandemics. It encourages wealthier nations to assist
developing countries through financial aid or technology transfer.

4) The International Court of Justice (ICJ)

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations (UN),
established in 1945 by the UN Charter. It is based in The Hague, Netherlands. The ICJ plays a crucial
role in settling legal disputes between states and providing advisory opinions on legal questions
referred to it by UN organs and specialized agencies.
Key Functions and Objectives:
1. Settling Legal Disputes Between States:
o The ICJ settles disputes between states based on international law. These disputes
can involve issues such as territorial boundaries, maritime rights, diplomatic
relations, and treaty obligations.
o States must consent to the ICJ’s jurisdiction before it can hear a case. Once a state
consents, the Court’s decisions are binding on the parties involved.
2. Advisory Opinions:
o The ICJ provides advisory opinions on legal questions submitted by UN bodies or
specialized agencies. These opinions are not binding but carry significant legal and
moral authority.
o Advisory opinions help clarify complex issues of international law and guide states
and international organizations in their conduct.
3. Promotion of International Law:
o The ICJ promotes the development and codification of international law through its
judgments and advisory opinions. Its decisions contribute to shaping customary
international law and interpreting treaties.
o By resolving disputes peacefully, the ICJ helps prevent conflicts between states and
strengthens the rule of law at the international level.
4. Judicial Independence:
o The ICJ operates independently from other UN organs, ensuring impartiality in its
decision-making process. Its judges are elected for nine-year terms by both the
General Assembly and the Security Council.
Principles Underlying Its Operations:
1. Consent-Based Jurisdiction:
o The ICJ’s jurisdiction is based on the consent of states. A state must voluntarily
agree to submit a dispute to the Court for it to have jurisdiction over the case.
o States may accept the Court’s jurisdiction in advance through treaties or declarations
under Article 36 of the ICJ Statute.
2. Binding Nature of Judgments:
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o Once a state consents to the ICJ’s jurisdiction, its judgments are legally binding on
the parties involved. States are obligated to comply with the Court’s decisions under
Article 94 of the UN Charter.
3. Equity and Justice: The ICJ applies principles of equity and justice when resolving disputes,
particularly in cases involving territorial boundaries or maritime delimitation (as seen in
cases like Libya v. Tunisia). It ensures that its decisions are fair and take into account
relevant circumstances.
4. Customary International Law: The ICJ plays a key role in developing customary
international law by interpreting treaties, state practices, and legal principles that have
gained widespread acceptance among states (e.g., North Sea Continental Shelf Cases).
5. Peaceful Settlement of Disputes: A core principle guiding the ICJ’s work is promoting
peaceful settlement of disputes between states. By providing a legal forum for resolving
conflicts, it helps prevent escalation into armed conflict.

5) The Secretariat
The United Nations Secretariat is one of the six principal organs of the United Nations (UN). It
serves as the administrative and executive arm of the UN, responsible for carrying out the day-to-
day work mandated by the other UN bodies, such as the General Assembly, Security Council, and
Economic and Social Council (UNESCO). The Secretariat is headed by the Secretary-General, who is
appointed by the General Assembly upon the recommendation of the Security Council.
Key Functions and Objectives:
1. Administrative Support:
o The Secretariat provides essential administrative support to all other UN organs. This
includes organizing meetings, preparing reports, drafting resolutions, and ensuring
that decisions made by UN bodies are implemented.
o It also oversees logistical operations such as translations, documentation, and
communications for various UN activities.
2. Peacekeeping and Conflict Resolution:
o One of the key roles of the Secretariat is managing peacekeeping operations around
the world. It coordinates with member states to deploy peacekeeping forces in
conflict zones to maintain or restore peace.
o The Secretary-General also plays a critical role in mediating international disputes
and facilitating diplomatic efforts to prevent or resolve conflicts.
3. Policy Implementation:
o The Secretariat ensures that policies adopted by the General Assembly and Security
Council are implemented effectively. This includes overseeing international
development programs, humanitarian assistance efforts, and environmental
initiatives.
o It also monitors compliance with international treaties and agreements.
4. Research and Analysis:
o The Secretariat conducts research on global political, economic, social, and
environmental issues. It compiles data that informs decision-making within the UN
system.
o This research helps shape international policies on issues such as poverty alleviation,
climate change, human rights protection, and sustainable development.
5. Humanitarian Assistance:
o The Secretariat coordinates international humanitarian responses to natural
disasters, conflicts, and other crises. It works closely with agencies like UNICEF
(United Nations Children's Fund) and UNHCR (United Nations High Commissioner for
Refugees) to provide aid to affected populations.
6. Appointment of Key Officials:
o The Secretary-General appoints heads of various UN departments and agencies.
These appointments are crucial for ensuring that qualified individuals lead
peacekeeping missions, humanitarian efforts, and other key initiatives.
Principles Underlying Its Operations:
1. International Civil Service: The staff of the Secretariat are international civil servants
who do not represent their home countries but work solely for the interests of the United
Nations. They are recruited based on merit while ensuring geographic diversity. Staff
members are required to act impartially and independently from national governments.
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2. Neutrality and Impartiality: The Secretariat operates on principles of neutrality and

impartiality in its dealings with member states. This ensures that it can mediate conflicts
fairly without favouring any particular nation or group.
3. Accountability to Member States: While the Secretariat has significant operational
autonomy, it remains accountable to member states through regular reporting to the General
Assembly and Security Council. The Secretary-General submits an annual report on the work
of the organization to ensure transparency in its operations.
4. Promotion of International Peace and Security: A core principle guiding the work of the
Secretariat is promoting international peace and security through diplomacy, conflict
resolution, and peacekeeping operations.
5. Humanitarian Principles: In providing humanitarian assistance, the Secretariat adheres
to principles such as humanity (addressing suffering wherever it is found), neutrality (not
taking sides in conflicts), impartiality (providing aid based on need), and independence from
political influence.

6) The International Trusteeship System and Trusteeship Council

The International Trusteeship System was established under the United Nations (UN) Charter to
oversee the administration of certain territories that were not yet self-governing. These territories,
known as Trust Territories, were placed under the trusteeship system to promote their development
towards self-government or independence. The Trusteeship Council, one of the six principal organs
of the UN, was created to supervise this process.
Key Functions and Objectives:
1. Supervision of Trust Territories: The Trusteeship Council was responsible for ensuring
that Trust Territories were administered in a way that promoted their political, economic,
social, and educational advancement. The ultimate goal was to prepare these territories for
self-governance or independence.
2. International Oversight: The Council provided international oversight to ensure that the
administering powers (the countries responsible for governing the Trust Territories) acted in
the best interests of the local populations. It monitored progress through regular reports
and visits to the territories.
3. Promotion of Human Rights: The Trusteeship System aimed to protect the fundamental
human rights of people living in Trust Territories. This included promoting equality,
preventing exploitation, and ensuring access to education and healthcare.
4. Facilitating Self-Governance: A core objective of the system was to guide Trust Territories
toward self-governance or independence. The Trusteeship Council worked with administering
powers to establish political institutions and legal frameworks that would enable these
territories to achieve autonomy.
5. Completion of Mandate: By 1994, all Trust Territories had either achieved independence
or joined neighbouring independent states. The last Trust Territory under the system was
Palau, which became independent in 1994. With its work effectively completed, the
Trusteeship Council has suspended its operations but remains available if required in the
future.
Principles Underlying Its Operations:
1. Self-Determination: The principle of self-determination is central to the Trusteeship
System. It ensures that people in Trust Territories have the right to determine their own
political status and pursue their economic, social, and cultural development.
2. Non-Discrimination: The system emphasized non-discrimination in governance, ensuring
that all inhabitants of Trust Territories had equal rights regardless of race, religion, or
ethnicity.
3. International Accountability: Administering powers were held accountable by the
international community through regular reporting to the Trusteeship Council. This ensured
transparency in how these territories were governed.
4. Promotion of Peace and Security: The Trusteeship System contributed to global peace
and security by fostering stable governance structures in former colonial territories and
preventing conflicts over their future status.
5. Economic and Social Development: The system aimed not only at political development
but also at improving living standards through economic growth, education, healthcare, and
infrastructure development.
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10. International Specialised Agencies, Protection Agencies, and NGOs

International specialized agencies, protection agencies, and non-governmental organizations (NGOs)
play a crucial role in addressing global challenges by focusing on specific areas like labor rights,
trade, human rights, education, health, and environmental protection. These organizations operate
under the umbrella of the United Nations (UN) or in collaboration with it to promote international
cooperation and development. Some key agencies include:
1. ILO (International Labour Organization): Focuses on promoting decent work conditions,
labor rights, and social justice globally.
2. WTO (World Trade Organization): Regulates international trade by establishing rules and
resolving trade disputes between nations.
3. Amnesty International: An NGO dedicated to protecting human rights by advocating for
individuals facing injustice or persecution.
4. UNESCO (United Nations Educational, Scientific and Cultural Organization):
Promotes global peace through education, science, culture, and communication.
5. UNICEF (United Nations Children's Fund): Works to protect children's rights and provide
humanitarian aid in areas like health, education, and nutrition.
6. UNDP (United Nations Development Programme) and UNEP (United Nations
Environment Programme): UNDP focuses on sustainable development and poverty
reduction, while UNEP addresses environmental issues such as climate change and
biodiversity conservation.
These organizations collectively contribute to advancing global welfare by addressing key economic,
social, environmental, and human rights issues.
1) ILO (Interna onal Labour Organiza on)
The International Labour Organization (ILO), established in 1919 as part of the Treaty of Versailles,
is a specialized agency of the United Nations (UN) devoted to promoting social justice and
internationally recognized human and labour rights. The ILO operates on the belief that lasting peace
can only be achieved through social justice, and its mandate is to advance decent work for all. The
ILO has a unique tripartite structure, which brings together governments, employers, and workers
to set international labour standards and policies.
Key Functions and Objectives:
1. Setting International Labour Standards:
o The ILO formulates international labour standards in the form of conventions and
recommendations. These standards cover a wide range of issues, including working
conditions, wages, hours of work, occupational safety, social security, and equality
at work.
o Ratified conventions become legally binding on member states, while
recommendations serve as guidelines.
2. Promoting Decent Work:
o The ILO's primary objective is to promote decent work for all men and women by
ensuring access to productive employment under conditions of freedom, equity,
security, and dignity.
o It focuses on 4 fundamental principles: freedom of association and collective
bargaining; elimination of forced labour; abolition of child labour; and elimination of
discrimination in respect of employment.
3. Supervising Compliance:
o The ILO monitors the implementation of ratified conventions through a supervisory
system that includes independent legal experts and tripartite bodies. Member states
are required to submit reports detailing their compliance with the conventions they
have ratified.
o The ILO also provides technical assistance to countries to help them align their
national laws with international standards.
4. Tripartism and Social Dialogue:
o The ILO's tripartite structure ensures that governments, employers, and workers
have equal voices in decision-making processes. This promotes balanced policies
that reflect the interests of all stakeholders.
o Social dialogue between these three groups is essential for shaping labour policies
that promote fairness and protect workers' rights.
Principles Underlying Its Operations:
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1. Social Justice: The ILO operates on the principle that social justice is essential for achieving
universal peace. It aims to improve working conditions globally by promoting fair wages,
safe working environments, and equal opportunities for all workers.
2. Fundamental Rights at Work: The ILO's Declaration on Fundamental Principles and Rights
at Work (1998) commits member states to uphold basic human values in the workplace.
These include freedom of association, the right to collective bargaining, elimination of forced
labour, abolition of child labour, elimination of discrimination at work, and ensuring a safe
working environment.
3. Tripartism: Tripartism is central to the ILO's operations. Governments work alongside
representatives from employers' organizations and workers' unions to ensure that
international labour standards are fair and balanced.
4. Decent Work Agenda: The ILO promotes the Decent Work Agenda which focuses on
creating jobs that provide fair income, security in the workplace, social protection for
families, better prospects for personal development, and equality at work.
5. International Cooperation: The ILO fosters international cooperation by helping countries
develop coordinated policies aimed at solving global social and labour issues through
technical assistance programs.

2) WTO (World Trade Organiza on)

The World Trade Organization (WTO) is an international organization established in 1995 to regulate
and facilitate international trade between nations. It succeeded the General Agreement on Tariffs
and Trade (GATT), which had been in place since 1947. The WTO provides a framework for
negotiating trade agreements, resolving trade disputes, and ensuring that trade flows as smoothly,
predictably, and freely as possible. It has 164 member countries and covers approximately 98% of
global trade.
Key Functions and Objectives:
1. Promoting Free Trade:
o The WTO's primary objective is to promote free and fair trade by reducing trade
barriers such as tariffs, quotas, and subsidies. It aims to create a level playing field
for all member countries, ensuring that international trade is conducted under
transparent and predictable rules.
o The organization facilitates multilateral negotiations to further liberalize trade in
goods, services, and intellectual property.
2. Dispute Settlement:
o One of the WTO's most important functions is its dispute resolution mechanism.
When member states have disagreements over the interpretation or application of
WTO agreements, they can bring their disputes to the WTO for resolution.
o The Dispute Settlement Body (DSB) oversees these disputes and ensures that
rulings are enforced.
3. Trade Policy Reviews: The WTO conducts regular reviews of its members' trade policies
to ensure transparency and compliance with WTO agreements. These reviews provide a
comprehensive analysis of a country's trade practices and help identify areas where
improvements can be made.
4. Special Provisions for Developing Countries: The WTO recognizes the challenges faced
by developing countries in participating in global trade. As a result, it provides special
provisions that give these countries more flexibility in implementing certain rules and
commitments. These provisions include longer timeframes for implementing agreements and
technical assistance to help developing nations build capacity in trade-related areas.
Principles Underlying Its Operations:
1. Non-Discrimination: A fundamental principle of the WTO is non-discrimination, which is
enshrined in two key concepts: Most-Favoured-Nation (MFN) Treatment and National
Treatment.
o MFN Treatment: Under this principle, a WTO member must apply the same trading
conditions to all other members. If a country grants special treatment (such as lower
tariffs) to one member, it must extend the same treatment to all other members.
o National Treatment: This principle requires that once goods have entered a
country's market, they must be treated no less favourably than domestically
produced goods.
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2. Reciprocity: The principle of reciprocity ensures that any concessions made by one country
in reducing trade barriers are matched by similar concessions from other countries. This
encourages balanced negotiations where all parties benefit from increased market access.
3. Transparency: Transparency is critical to the functioning of the multilateral trading system.
Members are required to publish their trade regulations and practices clearly so that other
members can understand them. The WTO's Trade Policy Review Mechanism ensures that
members' policies are regularly scrutinized for compliance with agreed rules.
4. Binding Commitments: Once a country agrees to reduce tariffs or remove other barriers
during negotiations, these commitments are legally binding under the WTO framework. This
ensures predictability in international trade relations by preventing arbitrary changes in
policy.
5. Fair Competition: The WTO promotes fair competition by discouraging practices such as
dumping (selling goods below cost to gain market share) and providing subsidies that distort
international markets. Anti-dumping measures and countervailing duties are allowed under
specific conditions to protect domestic industries from unfair competition.
6. Development Focus: The WTO places special emphasis on helping developing countries
integrate into the global trading system. It provides technical assistance, capacity-building
programs, and preferential treatment for developing nations through initiatives like Special
and Differential Treatment provisions.

3) Amnesty Interna onal

Amnesty International (AI) is a global non-governmental organization (NGO) founded in 1961 by
British lawyer Peter Benenson. Its primary mission is to promote and defend human rights
worldwide, as enshrined in the Universal Declaration of Human Rights (UDHR) and other
international human rights instruments. Amnesty International operates independently of any
government, political ideology, or religion, and its work is based on rigorous research and advocacy
aimed at preventing and ending grave abuses of human rights.
Key Functions and Objectives:
1. Human Rights Advocacy:
o Amnesty International advocates for the protection of fundamental human rights,
including freedom of expression, the right to life, the abolition of torture, and the
elimination of discrimination. It works to mobilize public opinion to generate pressure
on governments and other entities responsible for human rights abuses.
o AI’s campaigns focus on issues such as the abolition of the death penalty, ending
torture, protecting refugees, promoting gender equality, and defending the rights of
prisoners of conscience.
2. Research and Reporting:
o AI conducts in-depth research into human rights violations committed by
governments, armed groups, corporations, and other actors. It publishes reports,
newsletters, and background papers that document these abuses and call for action.
o The organization’s research serves as the foundation for its advocacy efforts and
helps raise awareness about global human rights issues.
3. Global Campaigns:
o Amnesty International organizes global campaigns to address specific human rights
concerns. These campaigns often focus on high-profile cases of injustice or systemic
issues such as gender-based violence or the suppression of free speech.
o AI also works to secure justice for victims by advocating for legal reforms, fair trials,
and reparations for those whose rights have been violated.
4. International Solidarity:
o AI promotes international solidarity by encouraging individuals from all over the
world to take action on behalf of those whose rights are under threat. This includes
letter-writing campaigns, petitions, protests, and lobbying efforts aimed at
influencing governments and international organizations.
Principles Underlying Its Operations:
1. Universality and Indivisibility of Human Rights: Amnesty International operates on the
principle that all human rights are universal, indivisible, and interdependent. This means
that civil, political, economic, social, and cultural rights are equally important and must be
protected for all individuals without discrimination.
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2. Impartiality and Independence: AI maintains strict impartiality in its work by focusing

solely on human rights violations without regard to political affiliations or ideologies. It is
independent from any government or corporate influence to ensure unbiased reporting and
advocacy.
3. International Solidarity: Amnesty International believes in the power of global solidarity
to effect change. By uniting people from different cultures and backgrounds in defense of
human rights, AI fosters a global community committed to justice and equality.
4. Effective Action for Individual Victims: A core principle guiding AI’s work is taking
effective action on behalf of individual victims of human rights abuses. This includes
advocating for the release of prisoners of conscience—individuals imprisoned solely for their
beliefs—and providing support to victims’ families.
5. Democracy and Mutual Respect: AI operates democratically within its own structure,
ensuring that its members have a voice in shaping its policies and priorities. It also promotes
mutual respect among individuals regardless of their race, religion, gender, or political
beliefs.

4) UNESCO (United Na ons Educa onal, Scien fic and Cultural Organiza on)
UNESCO is a specialized agency of the United Nations, established in 1945, with the mission to
promote peace and security through international cooperation in education, science, culture, and
communication. Its founding vision was shaped by the aftermath of World War II, emphasizing that
peace must be built upon the "intellectual and moral solidarity of humanity." UNESCO works to foster
mutual understanding among nations by promoting knowledge sharing, cultural preservation, and
the free flow of ideas. It plays a key role in advancing global goals such as the Sustainable
Development Goals (SDGs), particularly in areas related to education (SDG 4), cultural diversity,
and environmental sustainability.
Key Functions and Objectives:
1. Promoting Quality Education for All:
o UNESCO leads global efforts to ensure inclusive and equitable quality education for
all. It coordinates international initiatives like the Education 2030 Agenda, which
aims to achieve Sustainable Development Goal 4 (SDG 4) on quality education.
o The organization supports countries in developing educational policies that promote
lifelong learning opportunities, improve literacy rates, and foster global citizenship.
2. Cultural Preservation and Promotion:
o UNESCO protects both tangible and intangible cultural heritage through its World
Heritage Sites program and conventions such as the 1972 Convention on the
Protection of Cultural and Natural Heritage.
o It also promotes cultural diversity through initiatives like the 2005 Convention on
the Protection and Promotion of the Diversity of Cultural Expressions, ensuring that
all cultures are respected and preserved.
3. Scientific Cooperation for Sustainable Development:
o UNESCO fosters international scientific collaboration to address global challenges
such as climate change, water management, biodiversity conservation, and disaster
risk reduction. Programs like the Man and the Biosphere Programme (MAB) and the
Intergovernmental Hydrological Programme (IHP) support sustainable development
through research and policy advice.
4. Freedom of Expression and Information:
o UNESCO advocates for freedom of expression as a fundamental human right. It
promotes media independence, pluralism, and access to information through
initiatives like the International Programme for the Development of Communication
(IPDC).
o The organization also supports digital literacy and ensures that emerging
technologies are used ethically to benefit all people.
Principles Underlying Its Operations:
1. Peace Through Intellectual Cooperation: UNESCO operates on the principle that peace
must be built on intellectual cooperation between nations. By fostering dialogue in education,
science, culture, and communication, it seeks to prevent conflicts rooted in ignorance or
misunderstanding.
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2. Cultural Diversity as a Global Asset: The organization promotes cultural diversity as a

fundamental aspect of human dignity. It emphasizes that all cultures should be respected
equally and that cultural heritage must be preserved for future generations.
3. Right to Education as a Human Right: UNESCO upholds education as a basic human right
essential for individual empowerment and societal progress. Its work ensures that every
person has access to quality education regardless of their background or circumstances.
4. Sustainable Development: A core principle guiding UNESCO’s work is promoting
sustainable development by integrating environmental protection into its educational
programs and scientific initiatives. This includes addressing climate change, conserving
biodiversity, and managing natural resources responsibly.
5. Freedom of Expression: UNESCO defends freedom of expression as vital to democracy
and human rights. It works to protect journalists, promote media freedom, combat
censorship, and ensure that citizens have access to accurate information.

5) UNICEF (United Na ons Children's Fund)

UNICEF (United Nations Children's Fund) was established in 1946 to provide emergency food and
healthcare to children in countries devastated by World War II. Over the years, its mandate has
expanded, and today UNICEF is a leading global organization dedicated to promoting and protecting
the rights of children worldwide. It operates under the principles of the Convention on the Rights of
the Child (CRC), which is a key international treaty that outlines children's rights, including their
right to survival, development, protection, and participation.
Key Functions and Objectives:
1. Child Protection and Advocacy:
o UNICEF works to protect children from violence, exploitation, abuse, and neglect. It
advocates for stronger child protection systems and helps governments develop laws
and policies that safeguard children's rights.
o The organization also focuses on preventing child labor, child trafficking, and early
marriage.
2. Education for All:
o A core objective of UNICEF is ensuring that every child has access to quality
education. It promotes inclusive education systems that cater to marginalized
groups such as girls, children with disabilities, and those affected by conflict or
natural disasters.
o UNICEF supports programs that improve school infrastructure, provide learning
materials, train teachers, and encourage gender equality in education.
3. Health and Nutrition:
o UNICEF plays a critical role in improving children's health by providing vaccines,
promoting maternal health care, combating malnutrition, and ensuring access to
clean water and sanitation.
o The organization leads global immunization campaigns against diseases like polio
and measles and works to reduce child mortality rates through initiatives like GAVI
(Global Alliance for Vaccines and Immunization).
4. Emergency Relief:
o In times of crisis—whether due to war, natural disasters, or pandemics—UNICEF
provides humanitarian assistance to children and families in need. This includes
delivering food, medical supplies, shelter, education kits, and psychological support.
o UNICEF also ensures that children in conflict zones are protected from recruitment
into armed forces or groups.
Principles Underlying Its Operations:
1. Best Interests of the Child: UNICEF operates on the principle that the best interests of
the child must be a primary consideration in all actions concerning them. This is enshrined
in Article 3 of the Convention on the Rights of the Child (CRC).
2. Non-Discrimination: Every child has equal rights regardless of their race, religion, gender,
nationality, or socio-economic status. UNICEF works to eliminate discrimination against
children in all forms.
3. Survival and Development: The right to life is fundamental under international law.
UNICEF promotes this by ensuring that children have access to basic services such as
healthcare, nutrition, clean water, education, and protection from harm.
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4. Participation Rights: Children have the right to express their views freely on matters
affecting them (Article 12 of CRC). UNICEF supports initiatives that empower children to
participate in decision-making processes at local, national, and international levels.
5. Global Cooperation: As a UN agency working across borders with governments, NGOs,
civil society organizations, and private sectors globally, UNICEF fosters international
cooperation to address challenges affecting children’s rights.

6) UNDP (UN Development Programme) and UNEP (UN Environment Programme

UNDP (United Nations Development Programme) and UNEP (United Nations Environment
Programme) are two key specialized agencies of the United Nations that focus on promoting
sustainable development and environmental protection, respectively. Both agencies play a crucial
role in advancing global efforts to achieve the Sustainable Development Goals (SDGs), particularly
those related to poverty eradication, environmental sustainability, and climate action.
UNDP (United Nations Development Programme)
1. Mandate and Objectives:
o The UNDP was established in 1965 with the primary mandate to promote sustainable
development, poverty reduction, and capacity building in developing countries. It
works closely with governments, civil society, and the private sector to implement
development projects that improve living standards and foster economic growth.
o The UNDP focuses on achieving the Sustainable Development Goals (SDGs) by
addressing issues such as poverty alleviation, gender equality, good governance,
democratic participation, crisis prevention, and climate change adaptation.
2. Key Functions:
o Capacity Building: UNDP helps countries strengthen their institutions and
governance structures to achieve sustainable development outcomes.
o Technical Assistance: It provides technical expertise to governments in areas like
public administration reform, electoral processes, and disaster risk management.
o Promoting Inclusive Growth: UNDP supports policies that promote inclusive
economic growth by targeting marginalized communities and ensuring equitable
access to resources.
3. Principles Underlying Its Operations:
o Sustainable Development: UNDP operates on the principle that development
must be sustainable—balancing economic growth with environmental protection and
social inclusion.
o Human Rights-Based Approach: UNDP integrates human rights principles into its
programs by promoting participation, accountability, non-discrimination, and
empowerment.
o Global Partnership: UNDP fosters international cooperation by partnering with
governments, NGOs, international organizations, and the private sector to achieve
development goals.
UNEP (United Nations Environment Programme)
1. Mandate and Objectives:
o UNEP was established in 1972 following the Stockholm Conference on the Human
Environment. Its primary mandate is to coordinate global environmental activities
and assist countries in implementing environmentally sound policies.
o UNEP addresses a wide range of environmental issues including climate change,
biodiversity conservation, pollution control, sustainable resource management, and
environmental governance.
2. Key Functions:
o Environmental Monitoring and Assessment: UNEP monitors global
environmental trends through initiatives like the Global Environment Outlook (GEO)
report. It provides scientific data that informs policy-making at both national and
international levels.
o Environmental Advocacy: UNEP promotes environmental awareness through
campaigns such as World Environment Day. It also works to raise awareness about
pressing issues like plastic pollution and deforestation.
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o International Environmental Law: UNEP plays a key role in developing

international environmental agreements such as the Paris Agreement on Climate
Change, the Montreal Protocol, and the Convention on Biological Diversity (CBD).
3. Principles Underlying Its Operations:
o Sustainability: UNEP promotes sustainable development by integrating
environmental considerations into economic planning and decision-making
processes.
o Precautionary Principle: In line with international law principles like the Rio
Declaration, UNEP advocates for precautionary measures when there is a risk of
serious or irreversible environmental harm.
o Common but Differentiated Responsibilities (CBDR): UNEP recognizes that
while all nations are responsible for addressing global environmental challenges like
climate change, developed countries bear a greater responsibility due to their
historical contributions to environmental degradation.

11. Allied Laws and Concepts

Introduction: Allied laws and concepts in international law encompass a variety of legal principles
and frameworks that govern interactions between states and other international actors. These
include extradition, asylum, nationality, diplomatic relations, and international health regulations.
Key Concepts
1. Extradition and Asylum
o Extradition: A legal process where one state surrenders an individual to another
state for prosecution or punishment for crimes committed in the requesting state's
jurisdiction.
o Asylum: Protection granted by a state to individuals fleeing persecution in their
home country. It involves the right to seek refuge and protection from extradition.
2. Nationality and Statelessness
o Nationality: The legal bond between an individual and a state, conferring rights
and obligations.
o Statelessness: The condition of an individual who is not considered a national by
any state, often leading to a lack of legal protection and access to basic rights.
3. Diplomatic Relations
o Privileges and Immunities: Diplomatic agents enjoy certain privileges and
immunities under international law, such as inviolability of premises, immunity from
jurisdiction, and freedom of communication.
o Vienna Convention on Diplomatic Relations (1961): Provides the framework
for diplomatic relations between states, outlining the rights and duties of diplomatic
missions.
4. International Health Regulations (IHR)
o World Health Organization (WHO): Plays a central role in coordinating global
health responses and implementing IHR to prevent the spread of diseases across
borders.
o IHR (2005): A legally binding framework for countries to detect, assess, report,
and respond to public health risks that could cross borders.
1) Extradition and Asylum Principles and Procedures
Principles of Extradition
1. Principle of Reciprocity: This principle ensures mutual cooperation between states. If
one state extradites a fugitive to another, it expects the same treatment in return.
Reciprocity fosters international support and cooperation in law enforcement.
2. Principle of Double Criminality: The act for which extradition is requested must be a
crime in both the requesting and the requested states. This ensures that a person is not
extradited for an act that is not considered a crime in the country where they are
currently located.
3. Principle of Double Jeopardy (Non-Bis in Idem): A person cannot be extradited if
they have already been tried and punished for the same offense in the requested state.
This principle prevents multiple prosecutions for the same crime.
4. Principle of Speciality: The requesting state can only try or punish the extradited
person for the offense for which they were extradited. This principle ensures that the
extradited person is not prosecuted for any other offenses committed before the
extradition.
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Procedures of Extradition
a) Request for Extradition: The process begins with a formal request from the requesting
state to the requested state. This request is usually made through diplomatic channels
and must include details of the alleged crime, evidence, and legal provisions under which
the request is made.
b) Judicial Review: In the requested state, the extradition request is reviewed by a
judicial authority to ensure it complies with the legal requirements and the terms of any
applicable extradition treaty. The court examines whether the evidence is sufficient to
justify extradition and whether the principles of double criminality and speciality are met.
c) Arrest and Hearing: If the judicial authority finds the request valid, an arrest warrant
is issued for the fugitive. The fugitive is then brought before a court for an extradition
hearing, where they can contest the extradition on various grounds, such as the risk of
political persecution or the possibility of facing the death penalty.
d) Decision and Appeal: The court decides whether to grant or deny the extradition
request. If granted, the decision can often be appealed to a higher court. If denied, the
requesting state may be informed of the reasons for the denial.
e) Executive Decision: In many countries, the final decision to extradite rests with the
executive branch, such as the Secretary of State in the United States. The executive
authority reviews the judicial findings and makes the final decision, considering
diplomatic and humanitarian factors.
f) Surrender of the Fugitive: If the extradition is approved, the fugitive is handed over
to the authorities of the requesting state. The transfer is usually coordinated through
diplomatic channels and law enforcement agencies.
Asylum: Principles and Procedures Principles of Asylum
1. Principle of non-Refoulement: This fundamental principle prohibits the return of
refugees to a country where they face serious threats to their life or freedom due to
race, religion, nationality, membership in a particular social group, or political opinion.
It is enshrined in the 1951 Refugee Convention and other international human rights
instruments.
2. Right to Seek Asylum: Every individual has the right to seek asylum from persecution
in other countries. This right is recognized in the Universal Declaration of Human Rights
(Article 14) and the 1951 Refugee Convention.
3. Protection from Arbitrary Detention: Asylum seekers should not be arbitrarily
detained. Detention should only be used as a last resort and for the shortest period
necessary, with respect for the individual's rights and dignity.
4. Access to Fair and Efficient Asylum Procedures: Asylum seekers must have access
to fair and efficient procedures to determine their refugee status. This includes the right
to legal assistance, the right to be heard, and the right to appeal a negative decision.
Procedures of Asylum
1. Application for Asylum: An individual seeking asylum must submit an application to
the relevant authorities in the host country. This application should include personal
information, reasons for seeking asylum, and any supporting evidence of persecution.
2. Registration and Initial Assessment: The authorities register the asylum application
and conduct an initial assessment to determine if the application is admissible. This may
involve a preliminary interview to gather basic information about the applicant and their
claim.
3. Personal Interview: A detailed personal interview is conducted to assess the credibility
of the asylum seeker's claim. The interview covers the reasons for fleeing their home
country, the nature of the persecution faced, and any supporting evidence.
4. Examination of the Claim: The authorities examine the asylum claim based on the
information provided during the interview and any additional evidence. They assess
whether the applicant meets the criteria for refugee status under international and
national law.
5. Decision: A decision is made on the asylum application. If the claim is accepted, the
applicant is granted refugee status or another form of international protection. If the
claim is rejected, the applicant is informed of the reasons and their right to appeal the
decision.
6. Appeal Process: If the asylum claim is denied, the applicant has the right to appeal
the decision. The appeal process involves a review of the initial decision by an
independent body or court, and the applicant may present new evidence or arguments.
7. Integration or Return: If granted asylum, the refugee is provided with support to
integrate into the host country, including access to housing, education, healthcare, and
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employment. If the claim is ultimately rejected, the individual may be required to return
to their home country, provided it is safe to do so.
2) International Health Regulations: WHO's Role
Introduction: The International Health Regulations (IHR) are a legally binding framework
established by the World Health Organization (WHO) to prevent, protect against, control, and provide
a public health response to the international spread of diseases. The IHR aim to enhance national,
regional, and global public health security.
Key Aspects of the International Health Regulations
1. Objectives and Scope
o Global Health Security: The IHR aim to prevent and respond to public health risks
that have the potential to cross borders and threaten people worldwide.
o Comprehensive Coverage: Address a wide range of health threats, including
infectious diseases, chemical hazards, and radiological emergencies.
2. Core Capacities
o Surveillance and Response: Countries are required to develop and maintain
capacities for detecting, assessing, reporting, and responding to public health
events.
o National Focal Points: Each country must designate a focal point for
communication with WHO regarding IHR implementation.
3. Notification and Reporting
o Timely Reporting: States must notify WHO of events that may constitute a public
health emergency of international concern (PHEIC) within 24 hours of assessment.
o Decision Instrument: A tool provided by the IHR to help countries assess whether
an event is notifiable.
4. Public Health Emergency of International Concern (PHEIC)
o Declaration Process: WHO can declare a PHEIC based on criteria such as the
severity of the public health impact and potential for international spread.
o Examples: The COVID-19 pandemic, Ebola outbreaks, and H1N1 influenza have
been declared PHEICs.
5. Travel and Trade Measures
o Risk Management: The IHR provide guidance on implementing measures that
minimize interference with international traffic while protecting public health.
o Health Documentation: Standardized documents like vaccination certificates are
used to facilitate safe travel.
WHO's Role in IHR
1. Coordination and Support
o WHO coordinates global responses to health emergencies, providing technical
support and guidance to countries.
o Facilitates information sharing among member states.
2. Capacity Building Assists countries in developing core capacities for surveillance and
response through training, resources, and technical assistance.
3. Monitoring and Evaluation WHO monitors compliance with IHR obligations and evaluates
countries' progress in building necessary capacities.
4. Advisory Functions Provides recommendations during PHEICs to guide national responses
and international coordination.
Challenges
1. Compliance and Implementation Ensuring all countries meet their IHR obligations
remains challenging due to varying levels of resources and infrastructure.
2. Timely Reporting Delays in reporting outbreaks can hinder effective international
responses.
3. Balancing Public Health with Economic Impact Implementing measures that protect
public health without unduly affecting travel and trade is complex.
The Global Health Law Consortium is a collaborative network that focuses on addressing global
health challenges through legal frameworks and policy initiatives. It aims to bridge the gap between
national and international health laws, ensuring coordinated responses to global health threats like
pandemics, non-communicable diseases, and environmental health issues. The consortium works
towards promoting health equity by advocating for legal reforms that include both binding treaties
(hard law) and non-binding policy instruments (soft law) to unite countries and organizations in
tackling shared health risks. It also emphasizes the importance of inclusive global governance,
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particularly ensuring that low- and middle-income countries have a voice in shaping global health
policies.
3) Global Health Laws: WHO & IHR
Global Health Law refers to the body of international legal instruments, norms, and agreements
designed to address global health challenges. The World Health Organization (WHO) plays a central
role in shaping and implementing these laws, particularly through its legal authority under the
International Health Regulations (IHR). Below is a comprehensive analysis of the principles and
provisions of global health laws, focusing on WHO's role and the IHR.
1. WHO's Role in Global Health Law
The World Health Organization (WHO), established in 1948, is the primary international body
responsible for coordinating global health efforts. It has a unique mandate to develop legal
frameworks and provide guidance on public health issues that transcend national borders.
Key Aspects of WHO’s Role:
 Normative Authority: WHO has expansive powers to create global health law instruments,
including binding treaties and non-binding guidelines. These instruments help set
international standards for health policies.
 Constitutional Mandate: The WHO Constitution declares that achieving "the highest
attainable standard of health" is a fundamental human right. This mandate gives WHO the
authority to act as the directing and coordinating body for international health work.
 Legal Instruments: WHO has developed two major legally binding instruments:
1. International Health Regulations (IHR): A key framework for managing public
health emergencies.
2. Framework Convention on Tobacco Control (FCTC): A treaty aimed at reducing
tobacco-related harm globally.
Challenges Faced by WHO:
a) Despite its legal authority, WHO often relies on "soft law" mechanisms like
recommendations and technical guidance, which are not legally binding. This limits
enforceability and accountability.
b) The COVID-19 pandemic highlighted weaknesses in global compliance with WHO’s legal
frameworks, leading to calls for reform in global health governance.
2. International Health Regulations (IHR)
The International Health Regulations (IHR) are a legally binding framework adopted by 196
countries, including all 194 WHO member states. The IHR aim to prevent, protect against, control,
and provide a public health response to the international spread of diseases while avoiding
unnecessary interference with international traffic and trade.
Key Aspects of the IHR:
1. Legally Binding Nature: The IHR are an instrument of international law that creates
obligations for states to detect, assess, report, and respond to public health events that may
cross borders.
2. Public Health Emergencies of International Concern (PHEIC):
o The IHR outline criteria for determining whether an event constitutes a PHEIC, which
triggers a coordinated international response.
o Examples include outbreaks like COVID-19, Ebola, and Zika virus.
3. National Focal Points:
o Each state is required to designate an IHR National Focal Point responsible for
communication with WHO regarding potential public health emergencies.
4. Core Capacities:
o Countries must develop and maintain core capacities for surveillance and response
at all levels (local, national, and international). This includes monitoring at points of
entry like airports and seaports.
5. Rights and Obligations:
o States must report certain public health events to WHO within 24 hours.
o The IHR also protect individual rights during health emergencies by ensuring non-
discrimination in the application of health measures and safeguarding personal data.
WHO’s Role Under IHR:
 Coordination: WHO coordinates the implementation of the IHR by working with countries
to build their surveillance capacities and providing technical assistance where needed.
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 Surveillance and Reporting: WHO monitors global public health events through its
network of National Focal Points and provides timely information to member states.
 Declaration of PHEIC: If necessary, WHO declares a PHEIC based on advice from experts
and recommends critical measures that states should implement during such emergencies.
Examples of IHR in Action:
 During the COVID-19 pandemic, WHO declared a PHEIC early in 2020 under the IHR
framework, prompting global action against the spread of the virus.
 In previous years, the IHR were also activated during outbreaks such as Ebola in West Africa
(2014) and Zika virus in Latin America (2016).
3. Key Principles Underpinning Global Health Law
Global health law operates on several fundamental principles that guide how states interact under
frameworks like the IHR:
1. Sovereignty vs. Collective Responsibility: While states have sovereignty over their
national health systems, global health law recognizes that diseases do not respect borders.
Therefore, states have collective responsibilities to prevent cross-border threats.
2. Non-discrimination: Global health measures must be applied fairly without discrimination
based on nationality or other factors. This principle is crucial during pandemics when travel
restrictions or quarantines are imposed.
3. Human Rights Protections: Global health laws emphasize protecting individual rights
during public health responses. This includes ensuring informed consent for medical
treatments and safeguarding personal data.
4. Transparency and Accountability: States are required to be transparent about their
public health situations under frameworks like the IHR. Failure to report or act on potential
threats can lead to international consequences.

4) International Trade Laws (UNCITRAL, International Arbitration Laws, TRIPS)

International trade laws are crucial in regulating global trade, ensuring fairness, and resolving
disputes between countries or businesses. Three significant frameworks in international trade law
are UNCITRAL, International Arbitration Laws, and TRIPS.
1. UNCITRAL (United Nations Commission on International Trade Law)
 Purpose: Established by the United Nations in 1966, UNCITRAL aims to harmonize and
modernize international trade laws across different legal systems. It provides model laws,
conventions, and guidelines that countries can adopt to create uniform legal standards for
international business.
 Key Contributions:
o The UNCITRAL Model Law on International Commercial Arbitration (1985) is widely
adopted to standardize arbitration rules.
o UNCITRAL also works on areas like electronic commerce, insolvency, and
international sale of goods, making global trade smoother by reducing legal barriers.
 Impact: By creating uniform laws, UNCITRAL helps reduce disputes arising from differences
in national laws and promotes smoother international trade.
2. International Arbitration Laws
 Purpose: International arbitration is a method of resolving disputes between parties from
different countries without going to court. It is often preferred in international trade because
it is faster, more flexible, and neutral.
 Key Features:
o Arbitration allows parties to choose arbitrators with specific expertise relevant to
their dispute.
o Decisions made through arbitration (called "awards") are legally binding and
enforceable under the New York Convention (1958), which has been ratified by over
160 countries.
 Impact: International arbitration provides a neutral ground for resolving disputes efficiently
and ensures that arbitration awards are recognized globally, making it a reliable tool for
cross-border trade disputes.
3. TRIPS (Trade-Related Aspects of Intellectual Property Rights)
 Purpose: TRIPS is an agreement under the World Trade Organization (WTO) that sets
minimum standards for protecting intellectual property (IP) rights globally. It covers areas
like patents, copyrights, trademarks, and trade secrets.
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 Key Provisions:
o TRIPS ensures that all WTO members provide a baseline level of IP protection for
inventions, literary works, designs, and more.
o It also includes provisions for enforcing IP rights through civil and criminal actions.
o The Doha Declaration (2001) clarified that TRIPS should be interpreted in a way that
promotes access to medicines for all, balancing IP protection with public health
needs.
 Impact: TRIPS plays a vital role in protecting IP rights internationally while allowing
flexibility for developing countries to address public health concerns.
5) International Laws on Air and Space Rights
The regulation of airspace and outer space is a critical aspect of international law, as it governs the
use of these realms by states, individuals, and corporations. These laws are primarily concerned
with ensuring the peaceful use of air and space, protecting national security, and promoting
international cooperation. Below is a comprehensive analysis of the key principles and provisions
that govern air and space rights under international law.
1. International Law on Air Rights
Air rights pertain to the legal control over the airspace above a state's territory. The regulation of
airspace is crucial for national security, aviation safety, and the protection of sovereignty.
A. Sovereignty Over Airspace (Chicago Convention, 1944)
 Principle: Under Article 1 of the Chicago Convention on International Civil Aviation
(1944), every state has complete and exclusive sovereignty over the airspace above its
territory.
 Right: States have the right to control who can enter their airspace, including foreign
aircraft. No aircraft can enter another state's airspace without prior permission.
 Duty: States must ensure that their use of airspace does not endanger international
peace or violate other states' rights.
 Explanation: This principle ensures that states maintain control over their skies in much
the same way they control their land territories.
B. Freedom of Overflight (Five Freedoms of the Air)
 The International Air Services Transit Agreement (IASTA) outlines several "freedoms"
related to air travel:
1. First Freedom: The right to fly over a foreign country without landing.
2. Second Freedom: The right to land in a foreign country for technical reasons
(e.g., refuelling) without disembarking passengers or cargo.
3. Additional freedoms allow for commercial operations like picking up or dropping
off passengers and cargo in foreign countries.
 Right: States that are parties to IASTA grant these freedoms to each other, facilitating
international air travel.
 Duty: States must respect these freedoms but can impose reasonable conditions such
as advance notification or fees for overflight.
C. Regulation of Civil Aviation
 The Chicago Convention also established the International Civil Aviation Organization
(ICAO), which sets standards and regulations for international aviation safety, security,
efficiency, and environmental protection.
 Right: States have the right to regulate civil aviation within their territory according to
ICAO standards.
 Duty: States must ensure that their civil aviation practices comply with ICAO regulations
to promote safety and facilitate international cooperation.
D. National Security Concerns
 States may restrict or prohibit foreign aircraft from entering certain areas of their
airspace for national security reasons.
 Example: Many countries designate restricted or prohibited zones where entry by foreign
aircraft is not allowed without explicit permission.
2. International Law on Space Rights
The legal framework governing outer space is distinct from that governing airspace but shares some
similarities in terms of promoting peaceful use and preventing conflict.
A. Outer Space Treaty (1967)
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 The Outer Space Treaty (1967) is the cornerstone of international space law. It establishes
key principles for the exploration and use of outer space.
 Principle: Outer space is considered "the province of all mankind," meaning it cannot be
claimed by any state or individual as sovereign territory.
 Right: All states have the right to explore outer space freely, including celestial bodies like
the Moon and Mars, regardless of their level of technological development.
 Duty: States must ensure that their activities in outer space are conducted for peaceful
purposes and do not harm other states or disrupt international peace.
B. Non-Appropriation Principle
 Under Article II of the Outer Space Treaty, no state can claim sovereignty over any part of
outer space or celestial bodies by means of occupation or any other means.
 Right: All states have equal access to outer space for exploration and scientific research.
 Duty: States are prohibited from claiming ownership over any part of outer space or using
it for military purposes such as placing nuclear weapons in orbit.
C. Liability Convention (1972)
 The Convention on International Liability for Damage Caused by Space Objects (1972)
establishes liability rules for damage caused by space objects launched by one state that
affect another state on Earth or in outer space.
 Right: A state has the right to seek compensation if its property or citizens are harmed by
another state's space activities.
 Duty: States launching space objects are responsible for any damage they cause, whether
on Earth or in outer space.
D. Registration Convention (1976)
 The Convention on Registration of Objects Launched into Outer Space (1976) requires states
to register all objects they launch into outer space with the United Nations.
 Right: All states have access to information about objects launched into outer space through
this registration system.
 Duty: States must provide information about their space activities to promote transparency
and avoid conflicts.
3. Key Challenges in Air and Space Law
A. Delimitation Between Airspace and Outer Space: One unresolved issue in international
law is where airspace ends, and outer space begins. There is no universally agreed-upon
boundary between these two realms.
B. Militarization vs Peaceful Use: While both airspace and outer space are subject to
regulations promoting peaceful use, there are growing concerns about the militarization of these
areas—particularly with advancements in satellite technology and missile defense systems.
C. Commercial Use: The increasing commercialization of both air travel (e.g., drones) and
space exploration (e.g., private companies launching satellites) presents new regulatory
challenges regarding ownership rights, liability issues, and environmental protection.
Conclusion: International laws governing airspace and outer space are designed to balance state
sovereignty with global cooperation. While air rights primarily focus on regulating aviation within
national borders under treaties like the Chicago Convention, space rights emphasize peaceful
exploration under treaties like the Outer Space Treaty. Both regimes aim to prevent conflict while
promoting safe use by all nations—whether through civil aviation standards set by ICAO or liability
rules under the Outer Space Treaty system. As technology advances rapidly in both sectors—
especially with drones in aviation and private companies entering space exploration—international
law will need to evolve further to address emerging challenges while maintaining global peace and
security.

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