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KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University, Meerut & Approved by Bar council of India, New

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NOTES ON

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107 Public International Law & Human Rights

Course Class

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VII LL.B. 1st Yr

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KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University, Meerut & Approved by Bar council of India, New Delhi

LL.B. Ist Year International Law & Human Rights

Q.1

What are the different sources of International Law? International Conventions or Treaties :- The term “Conventions” applies to any treaty, protocol or agreement, regardless of its title or form. According to Article 38 of the statute of international Court of justice, it is the first source of International law. Art. 2 of Vienna Convention on the Law of Treaties 1969, “A treaty is an agreement whereby two or more states establish or seek to establish relationship between them governed by International law.” International Treaties may be following two types :-

Ans. Sources :- Sources of International Law can be classified into the following Categories :1.

A)

Law Making Treaties :- Law making treaties are those treaties which are entered into by a large number of states. These are the direct sources of law. Treaties may be divided into following two types.

(i)

Treaties enuciating the rules of universal International Law :- Those treaties which are signed by a majority of the states are called the Treaties enunciating the rules of universal International Law. United nations charter is an example of type of treaties.

(ii)

Those enunciating general principles :- Treaties which are entered into by a large number of Countries enunciated general principles of International law 1958 and 1960. Geneva Con ventions on the law of the Sea is good examples of such types of Treaties.

B)

Treaty Contracts :- Treaty contracts are those treaties which are entered into by two or more states Such type of treaties are also the source of International law because they held in the development of customary rules of International law.

2.

International Customs :- International Customs used to be the most important source of International law in the past. In the modern period, their importance has lessened. In the words of Viner, “A custom, in the intendment of law, in such a usage as hath obtained the force of law.” Customary rules of international law have developed in the following three Circumstances :- (a) Diplomatic relations between states (b) practice of organs of
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KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University, Meerut & Approved by Bar council of India, New Delhi

International Institutions and (c) State laws, decisions of the State‟s Courts and State‟s parliamentary or administrative practices. West Rand Central Gold Mining Co. Ltd. V.R. (1905) 2 K.B. 291 (Right of passage over Indian Territory Case), Porttugal V. India (I.C.J. Rop. 1960 at 6) are good examples of

application of custom in international law.

3.

General principles of law recognised by the civilized states :- The general principles of law recognised by the civilized nations is an important source of law through which International law adopts itself in accordance with the changing times and circumstances. In the words of Lord Mc Nair, “it describes an inexhaustible reservoir of legal principles from which the tribunals can enrich and develop public International Law,” Res Judicata, estoppel, etc. are examples of the general principles of law recognised by civilized states.

Following are some of the important cases relating to the general principles of law recognised by civilized states :a) b) c) d) R.Key (1876) 2 Ex. D.63 United States V. Schooner :Charzow factory (Indemnity Case), Pub. P.C.I. (1938), Serious A, NO.17 Bracelona Traction Case, Preliminary Objectives, (I.C.J Rep. (1964) P.6)

International Courts have recognised the following general principles : (1) good faith (2) responsibility (3) prescription (4) In the absence of any express provisions of the Contrary, every Court has a right To determine the limits of its own jurisdiction (5) a party to a dispute cannot himself be an arbitrator or judge (6) resjudicata (7) In any judicial proceeding, the Court shall give proper and equal opportunity of
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There are 30 Articles in Declaration which describe in 4 . Art. Ans. most of the development of International law and its codification has taken place through the instrumentality of International Organisation.The opinions of jurists are also regarded as subsidiary means for the determinations of the rules of International law.N. the decision of Judicial and Arbitral Tribunals are Subsidiary means for the determination of the rules of law.(1962).2 Write a critical envoy on Universal declaration of Human Rights 1948.In the modern age the decisions of the organs of international institutions are also treated as sources of International law.following are the other Subsidiary sources of International law :1)International Comity 2) State papers 3) State guidance for their officers 4) Reason 5) Equity and justice Q. The International Court of Justice has recognized it in a number of Cases such as certain expenses of the U. the General Assembly passed the Universal Declaration of Human Rights. Administrative Tribunal (1954). THE UNIVERSAL DECLARATION OF HUMAN RIGHTS :. 38 of the International Court of Justice.In 1948. Effects of Awards of compensation made by the U. 5) Juristic Works :. New Delhi hearing to both parties. This has been hailed as a Victory of Individuals in respect of Human Rights.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University.N. After the establishment of U. 59 of the Statute of international Court of Justice provides that they will have “no binding force except between the parties and in respect of that particular case”. Some other Subsidiary sources of international law :.According to Art.N. South West African Cases (1966). Meerut & Approved by Bar council of India. 4) Decisions of Judicial and Arbitral Tribunals . 6) Decisions or Determations of the Organs of International Institutions :.

Article 6 to 11 provides Rights to Equality before law and Legal Remedies. Article 12 says that no one shall be subjected to arbitrary interference with his privacy. DECLARATION ON HUMAN RIGHTS :Provisions of the Universal Declaration of Human Rights may be classified into four categories :.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. Civil and Political . Article 14 Right to seek asylum Article 15 Right to Nationality. Louis B. Art. birth or other Status.N. For examples : Article I provides. “ All human beings are born free and equal in dignity and rights. home or correspondence.1 of the declaration provides that all human beings are born free and equal in dignity and rights. Colour. was not a mere resolution of the General Assembly but a continuation of the charter and had the dignity f the Charter” This seems to be the correct view. they are endowed with reason and conscience and should act to one another in spirit of brotherhood. New Delhi detail human rights and fundamental freedoms. in human or degrading treatment or punishment. Nagendra Singh has remarked :. nor to attacks upon his honour and reputation. which is binding upon Members to the extent that the charter is binding. Political or other opinion. property.Sohn has also remarked that the Declaration “Constitutes an authoritative interpretation of the Charter. Meerut & Approved by Bar council of India.Civil rights include rights such as right to life and liberty (Article 3) Article 4 says that slavery and the slave trade shall be prohibited in all their forms. such as race. Dr. Prof.” Some writers have expressed the view that the Universal Declaration has now assumed legal value. Article 17 Right to own property 5 .” PROVISIONS OF THE U. Article 13 provides Right to Freedom of Movement to leave any Country and return to his country. family. Sex. religion. national or social origin. Article 5 embodies that no one shall be subjected to torture or to cruel.General (Articles 1 and 2) Art. language.2 provides that everyone is entitled to all the rights and freedoms set forth in the Declaration without distinction of any kind.The Declaration. they are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

New Delhi Article 18 provides Right to freedom of Thought. 54 years later. or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth in the Declaration.” State is a Community of people which has been established for some objectives such as.” Different kinds of States and Non-State entities 1. not part of binding law. Art 23 :. Confederation:-It is formed by states who are independent in the international field. free choice of employment. Q. Under International law Confederation has no international personality the states forming Confederation are not treated as International persons. ECONOMIC. group.These articles recognize that everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized (Article 28) and they stress the duties and responsibilities which the individual owes to the Community (Article 29). Lastly. Meerut & Approved by Bar council of India. it is accepted by so many states that it is considered to be an international standard against which their behaviour is measured. 6 . Internal order and external Security.State is the main Subject of International law. Conscience and Religion.Right to work. Article 19 :.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. The Declaration was originally conceived of as a statement of objectives to be achieved by Governments and as such. Article 30 provides that nothing in the Declaration may be interpreted as implying for any state. Social and Cultural rights include the Right to Social Security.Right to Freedom of opinion and Expression Article 20 and 21 provides Right to freedom of peace Assembly and Association.right to Education Art 27 :.Economic. Art 26 :. But now. According to Salmond. SOCIAL AND CULTURAL RIGHTS :Article 22 :. Ans State .Right to enjoy Arts and share in Scientific achievement Concluding Articles :.3 Define State and non state entities point out the difference between Vassal Status and protectorates.

6.Condominium is a territory where two or more states exercise Sovereignty. Meerut & Approved by Bar council of India. in December1994. The number of inhabitants living in trust Territories has been Constantly decreasing every year.N. Trusteeship Council Comprises of the following members of the U. (3) It may provide for periodic Visits to the respective Trust Territories at times agreed upon with the Administering Authority. The Trusteeship Council has done Commendable work. Its Independence is so restricted that it has no Importance under international law. 7 . charter.N. New Hebrides is a good example of Condominium.N. (2) It may accept petitions and examine in Consultation with the Administering Authority. Condominium:. A federal state is an international person under international law. (a) Those members who are administering trust territories‟. 5.A protectorate state is a state which entrusts some of its important functions to another Sovereign State. Protectorate State:. 4. 3. New Delhi 2. Vassal State:. Bhutan is a protectorate state of India. For example.Generally a federal state is formed by the merger of two or more sovereign states. (b) The permanent members of the Security Council as are not administering Trust territories and (c) As many other members elected for three years‟ term by the general Assembly as may be necessary to ensure the total number of members of the Trusteeship Council is equally divided between those members of the United Nations which administer trust Territories and those which do not. FUNCTIONS AND POWERS (1) It may consider reports submitted by the Administering Authority. Trust Territories-Composition of the TRUSTEESHIP COUNCIL:. Federal State:. The last territory was Palau which became a member of the U.As provided under Article 86 of the U. It retains a Sufficient measure of Sovereignty and remains a state under International law.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University.A Vassal state is a state which is under the Suzerainty of another state.

Meerut & Approved by Bar council of India. fails to explain the binding force of customary rules of international law. Q. A protectorate State generally entrusts 1. autonomous in its internal matters but is Completely dependent upon another state in external matters. Vassal State is generally its defence. “States ought to behave a they have customarily behaved. Ans. Commission on Human rights – The Commission on Human Rights was established by the Economic and Social Council in February. which means that the agreements entered into by the States must be followed by them in good faith. Since a protectorate State retains a 3 A Vassal State is bound by treaty of sufficient measure of Sovereignty.” (b) U. A protectorate State remains a State Under International law. the binding force of International law is founded on the fundamental principles known Pacta Sunt Servanda. It is the nearest approach to permanent 8 . New Delhi Difference between protectorate and Vassal state Protectorate State generally Vassal State 1. to another State. though a fundamental and very important principle of International law. declaration of war or peace made by the protecting State with another State is not binding upon it. external affairs etc. This principle. .N. 1946. A Vassal State is not treated a State under international law. war or peace entered into by the State under whose international guardianship in remains.4(a) Explain the Maxim Pacta Sunt Servanda.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. (b) Write a short note on United National Commission of Human Rights.(a) Pacta Sunt Servanda – According to Anzillotti. 2. as aply remarked by an author. 3. “The realization that international customary law does not rest on agreements and that the tenet of “pacta Sunt Servand” is itself a rule of decided on a formula which takes into account of usage as the fact which is the origin of the rules of International Law. 2.

4. sex. In recent times several treaties have been entered into wherein certain rights have been conferred and duties have been imposed upon the individuals. 5. (ii) Harmful acts of Individuals – Under certain circumstance States are responsible for the harmful acts of their individuals. the Commission established the Sub-Commission on prevention of Discriminations and protection of minorities. Under its terms of reference the commission was directed to prepare recommendations and reports on (1) an International Bill of Human Rights (2) International Conventions or declarations on Civil liberties : the status of women. Every State can apprehend and punish them. language or religion. If a person causes harm to the personal property of the Ambassador of another State. 3. 2005 and discussed the report of the Commission in Iraq. Such persons are. At its first session in 1947. At present. Ans. It is one of the six functional commission established by the Economic and Social Council. Meerut & Approved by Bar council of India.5 How for the individual can be said the subject of International Law. it may deal with any matter concerning human rights.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. New Delhi machinery for the supervision of the “problem of protection” of human rights. and Other matters concerning human rights. The Commission consists of 43 members elected for 3 years terms and meets annually or a period of five or six weeks. The protections of minorities The prevention of discrimination on the basis of race. Q. 842 the commission was held from 14th March to 22nd April. therefore. given stringent punishment. The Commission‟s terms of reference are extensive : under them. The Commission makes studies and recommendations either on its own initiative or at the request of the General Assembly or the Economic and Social Council. All Commission decisions are made by a majority of the members present and voting. The Commission submits a report on each session to the Economic and Social Council. 9 . In this connection following may be noted : (i) Pirates – Pirates are treated as enemies of mankind under international law. then under international law the State is responsible for his act. these are 53 members of the Commission. freedom of information and similar other matters.

The new World Trade Organisation (WTO) which came into effect on January 1.6 10 . W. An individual of any member State of the U. and (ii) other members. It is the duty of each State to give them those rights which it generally confers upon its own citizens. Meerut & Approved by Bar council of India. (iv) (v) (vi) The United Nations Charter gives a place of importance to the individuals.O. Espionage – Espionage is a crime under international law and. is in fact the main organ for implementation of Multilateral Trade Agreements. New Delhi (iii) Foreigners – To some extent international law regulate the conduct of foreigners. Membership – There are two types of members –(i) original. replaced the GATT.T.N. therefore. (vii) The 1965 Convention on the Settlement of Investment Disputes between the State and the Nationals of other States is a glaring example of such benign trend. According to Nuremberg and Tokyo Tribunals. spies can be apprehended and punished. War Criminals – War criminal can be punished under international law. Establishment of WTO – As a result of the culmination of Uruguary Round of GATT Negotiations for more than seven years at Marrakesh (Morocco) on April 15. since war crimes are committed by the individuals. it is by punishing them the provisions of international law can be enforced.N.O. Thus slowly and gradually individuals are occupying an important place under international law Write a short note on – (i) (W.T. 1995.) World Trade Organisation (ii) UNESCO Ans.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. 1994. The original members comprise : (a) The members of the GATT as on the date of entry into force of the agreement : and Q. who claims to be the victim of violation of Human Rights by his own State may send a petition to the Commission through the SecretaryGeneral of the U.

– According to Article III of the Agreement following are the functions of the W. Functions of W. (ii) (iii) To administer the rulers and procedures governing the settlement of disputes.T.O. 11 .O. the Committee on Balance of Payment Restrictions and Committee in Budget and Administration (vi) (vii) Bodies provided under the plurilateral Trade agreements.T.O.T. consists of following bodies – (i) The Ministerial Conference – It is the highest body comprising of the representatives of all members. The Secretariat – The Secretariat is headed by a Director-General appointed by the Ministerial Conference. Withdrawal from Membership . Pascal Lamy was elected the Director General. of 1994) and the Multilateral Trade Agreement and also of the Plurilateral Trade Agreements. The withdrawal takes effect after the expiry of six months. He took over from Supachai Panit Chipakdi on September 1.Any member may withdraw from this agreement by giving a written notice to the Director-General of the W. To administer the Trade Policy Review Mechanism (TPRM).O. New Delhi (b) the European Communities which accept this Agreement and the Multi Trade Agreements and of which schedules of Concessions and Commitments are annexed to the Gatt 1994 and four which also schedules of specific commitment are General Agreement on Trade in Services. (i) To facilitate the implementation operation. Meerut & Approved by Bar council of India. It meets between the meetings of Ministerial Conference and carries out the functions of the W. administration and the promotion of the agreement (i. 2005. Structure – The W. (ii) The General Council – It is also comprised of the representatives of all members. On May 13.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. 2005.e.O. (iii) (iv) (v) The Dispute Settlement Body Trade Policy Review Body The Committee on Trade and Development.O.T. and carries out functions of W. It is the executive of the W.O. It meets atleast once every two years.T.T.T.

14.Protection of Human Rights Act provides for the establishment of the National Human Rights Commission consisting of the following : (a) A chairperson who has been the Chief Justice of the Supreme Court. who is or has been the Chief Justice of a High Court. 1945. (UNESCO). National Human Rights Commission :.” It aims to contribute for the maintenance of international peace and security by creating respect for the rule of law. (d) Two members to be appointed amongst persons having knowledge of or practical experience in matters relating to human rights. it is in the minds of men that the defences of peace must be constructed. 1946. or has been the Chief Justice of the Supreme Court. (c) One member.. It was finally established on November.For the establishment of the United Nation Educational. the chairpersons of National Commission for minorities the National Commission for the Scheduled Casts and Scheduled Tribes and the National Commission 12 .Article 1 of the Constitution of the United Nations Educational. Q. New Delhi (iv) To cooperate with International Monetary Fund (IMF). Composition. Scientific and Cultural Organization through two-thirds majority of General Conference. Meerut & Approved by Bar council of India.. human rights and fundamental freedoms through the medium of education. “ Since wars begin in the minds of men. Scientific and Cultural Organization a conference was held in London in November. (ii) United Nations Educational<scientific and Cultural Organization. Objectives and Functions.7(a) How the Chairperson and members of National Human Rights are appointed under the Human Rights Protection Act. 1993? Ans. Besides these. (b) One member who is. 1946. Scientific and Cultural Organization provides.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. Thereafter it was brought into relationship with the United Nations through a special agreement which was approved by the General Assembly on December. the International Bank for Reconstruction and Development [IBRD or the World Bank] and its affiliated agencies to bring about greater coherence in global economic policy making.Each member of the United Nations can become its member.. Other States may be made the member of the United Nations Educational. 14. science and culture.

B Ans What are the functions of the Human Rights Commission? Functions of the National Human Rights Commission :.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. Meerut & Approved by Bar council of India. Negligence in the prevention of such violation by a public servant. Sue Motu or on a petition presented by a Victim or any other person on his behalf into complaint of – (i) (ii) Violation of Human rights or abetment thereof. Q. 13 . (f) Study treaties and other international punishments on human rights and make recommendations for their effective implementation.According to Section 12 of the Act the Commission shall perform the following functions :- (a) Inquire. (e) review the factors. (c) visit under intimation to the State Government any jail or any other institution under the control of the State Government. The headquarters of the National Human Rights Commission (NHRC) is located at Delhi. that inhibit the enjoyment of human rights and recommend appropriate remedial measures. (b) Intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such Court. The Chairperson and other members of the Commission are appointed by the President by Warrant under his hand and seal after obtaining the recommendations of Committee consisting of (1) Prime Minister (b) Speaker of the House of people (c) Minister in charge of Home Affairs in the Government of India (d) Leader of the Opposition in the house of people (e) Leader of opposition in the Council of States and (f) Deputy Chairmen of the Council of State. or. where persons are detained or lodged for purposes of treatment reformation or protection to study the living conditions of inmates and make recommendations thereon. The Chairperson and Members hold office for a term of five years. including acts of terrorism. New Delhi for women shall be deemed to be the members of the commission for the discharge of the functions specified in clauses (b) to (j) of Section 12 of the Act. (g) Undertake and promote research in the field of human rights. (d) review the safeguards provided by or under the constitution or any other law for the time being in force for the protection of human rights and recommend measures for their effective implementation.

Oppenheim. in fact. 1994. On the other hand. if any. Austin and pufendorf. New Delhi (h) spread human rights literacy among various sections of the society and promote awareness of the safeguards available for the protection of these rights through publications. can not be limited to the rules enacted by the superior political authority. Glanville L. In the words of Prof. along with a memorandum of action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance of the recommendations. Critically examine the statement. concerned and may at any time submit special reports on any matter which in its opinions. (i) encourage the efforts of non-governmental and institutions working in the field of human right: and (j) such other functions as it may consider necessary for the promotion of human rights. Ans. Under Section 20 of the protection of Human Rights Act. After the annual report is submitted by the commission the Central Government and the State Government. Give your suggestions for improving International Law.Williams.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. no community and no 14 .” If we subscribe to the view of Hobbes.8 International Law is Law in proper sense. the National Human Right Commission is required to submit an annual report to Central Government and to the State Government. if we subscribe to the view that the term „law‟. Whether International Law is law in the true sense of the term or not – The Controversy whether International Law is true Law or not depends upon the definition of the word „law‟. then international law can be included in the category of law. as the Case may be. media. that law is command of sovereign enforced by superior political authority. It does not cover that part of Municipal law which is termed as unwritten or customary law. then International law cannot be included in the category of law. There is. seminars and other available means. Q. if of such urgency or importance that it should not be deferred till submission of the annual report. as the Case may be. The largest of jurisprudential controversy that as to the word „law‟ is a verbal dispute and nothing else. “This definition is not correct. As remarked by “Prof. shall cause the annual and special reports of the Commission to be laid before each house of parliament or the state Legislature respectively. Meerut & Approved by Bar council of India. The definition of law given by Austin is not correct.

It is true that International law is frequently violated but it does not mean that it is not law. (6) The statute of International Court of Justice provides that the court shall decide such disputes as are submitted to it in Accordance with International Law.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. (4) In some States (for example U. in practice.S.A.K. “In his view. Frequency of violation is connected with the weakness or strength of the enforcement machinery. and U. (3) The Austiniam concept of law fails to account for the customary rules of International law. Weakness of the International Law – Following are the weakness of the International Law – 1. Though State or municipal law is frequently violated. It has been established by Historical Jurisprudence that in many communities a system of law existed although such communities lacked a formal legislative authority. law is. (5) International conferences and conventions treat international law as law in the true sense of the term.). 3. 2. The International Court of Justice has no compulsory jurisdiction in the true sense of the terms. international law is recognized as law by the States and they consider it binding on them. who regard international law as really law may be summed up as follows – (1) The term law cannot be limited to rules of conduct enacted by a sovereign authority. 15 . (2) As pointed out by Oppenheim. Frequency of violations of law and the question of international law being law are two different things. As pointed out by Starke.” Views of jurists. New Delhi State in the word which exist with written law only. international law is treated as a part of their own law. “a body of rules of human conduct within a community which by consent of this community shall be enforced by external power. Even State or municipal law is frequently violated. (7) Those who deny the legal character of International law emphasize that it is frequently violated. such law did not differ from any State law with true legislative authority. It lacks effective legislative machinery. Meerut & Approved by Bar council of India. It lacks effective authority to enforce its rules. What is true of municipal law should also hold good for International law. it is never said that it is not law.

international law prohibik intervention. International has failed to maintain order and peace in the world. (3) International Law should be properly Codified and Scientifically revised from time to time. Hans Kelsen.Article2 (7) provides:. New Delhi 4. (6) The doctrine of judicial precedents should be applied in the field of International law.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. Ans. (2) An International criminal court should be established to decide cases of International crimes. But as pointed out by Prof. (5) The power and scope of the activities of the International law Commission should be expanded. 5. (7) The legislative activities of the General Assembly should be further enlarged. Meaning and definition of Intervention:. Article 2 (4) of the United Nations charter propounds the principle of non-intervention by states in the following words. (4) The machinery to enforce the decisions of the World Court should be strengthened. The sanctions behind international are very weak. In principle. 7. It cannot intervene in the matters which are within the domestic jurisdiction of States. Many rules of International law are uncertain and vague. (8) The U. Meerut & Approved by Bar council of India. Suggestions for improving International Law – (1) The international Court of Justice should be given compulsory jurisdiction in the true sense of the term.” All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political Independence of any state or in other manner in Consistent with the purpose of the United Nations Charter. international law does not prohibit intervention in all circumstances.The term „Intervention‟ has been defined by Oppenheim in the following words: “ Intervention is dictatorial interference by a state in the affairs of another state for the purpose of maintaining or altering the actual Condition of things”.” The principle of non-intervention by the United Nations finds incorporated in Article 2 (7) of the United Nations charter. Q. 6.N charter should be amended as to authorize the U.N to intervene in such matters with the domestic jurisdiction of States as are of international concern.“Nothing contained in the present charter Shall 16 .9 What do you understand by „Intervention‟? What were the different grounds of intervention.

only when the violation of human rights in a member state poses a threat to international peace and security. In this case Mr.” The Unites Nations charter Confers upon every state the right if individual or collective self defence under Article 51. (1) „There should be an armed attack.” Grounds of intervention (1) Self-defence:. Meerut & Approved by Bar council of India.” The Caroline”.N. It is clear that the intervention on the ground of the Violation of Human Rights can be permitted. overwhelming leaving no choice of means and no moment for deliberation. In 1860 intervention was made in favour of Christians of Mount Lebanon. England. U.It has been a Valid ground of intervention by one state in the affairs of another state for a long-time. the use of force is selfdefence can by justified only when it is necessary for self preservation. In 1878 intervention was made to protect the independence of a Balkan State. In this Connection Mr. that is to say. (2) The right exists until the Security Council has taken any action: (3) It should be reported to the Security Council: (4) It is subjected to the review by the Security Council: (5) The right shall not affect the responsibility of the Security Council for the maintenance of peace and security: (6) This right is not available against a non-member of the United Nations. the Secretary of United States of America propounded a very important principle in the famous case. But as pointed out by Oppenheim.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University.and Russia jointly intervence in the conflict of Greece and Turkey in 1827 to check violation of human rights. Intervention on Humanitarian Grounds – The history is full of cases wherein intervention was permitted on humanitarian grounds. France. But the right of self-defence under Article 51 is subject to following Conditions‟. but this principle shall not prejudice the enforcement measures under chapter VII. Webster declared that the necessity of self defence should be “instant”. New Delhi authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall requires the members to submit such matters to settlement under the present charter. can take action under chapter VII only on the ground of international peace 17 (2) . Webster.

but in the presence of the United Nations Charter this has ceased to be a valid ground for intervention. United Nations cannot intervene in the civil war of any State.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. But no intervention is permissible for maintaining international law as much. Meerut & Approved by Bar council of India. (3) To enforce Treaty Rights – This used to be a valid ground in the past. (7) (8) Intervention to maintain International Law .The Charter nowhere provides that an intervention can be mad to maintain international law. assumes such magnitude that it poses threat to international peace and security. action under Chapter VII cannot be taken Thus. (5) Balance of Power – Intervention on the ground of balance of power used to be a valid ground in the past but is no more a permissible ground of intervention in the presence of the United Nations Charter. (4) Intervention to prevent illegal intervention – In past this used to be valid ground but the United Nations charter has greatly affected intervention on this account also. The charter simply provides for intervention on the ground of maintaining or restoring international action peace and security which may come under the broad “international law”. (6) For protection of persons and property – The charter does not recognize this ground and permits intervention only on the ground of self-defence.N. But if the civil war. on the ground of human rights alone even the U. and as such ordinary. Intervention in civil wars – Generally speaking Article 2 (7) of the charter prohibits united nations from intervening in the domestic affairs of any State. cannot intervene in the affairs of a member state. New Delhi and security. The United Nations may intervene because Article 2(7) which prohibits United Nations from intervering in the domestic affairs of any State also provides that the Principal of non-intervention by the United Nations in the international affairs of any State shall not prejudice the enforcement 18 (9) . Unless and Until Security Council first determines that the Violation of human rights poses a threat to international peace and security. Collective Intervention – Under the United Nations Charter Collective intervention means the intervention by the United Nations as permitted by the provision of the charter.

KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. New Delhi measures under chapter 7 of the charter.10 Define Recognition. and (d) The Community thus constituted must be independent. 19 . It may be noted that enforcement measures under chapter 7 are taken by the Security Council to maintain or restore international peace and security. But International law does not provide as to how those essential conditions are to be determined. (b) It should have control over a definite territory. and one for the United Nations) ON which intervention is permissible under the charter of the United Nations. It is because of this reason that recognition is very often said to be a political diplomatic function. independent of any other existing State and capable of observing obligations of International Community. Meerut & Approved by Bar council of India. Oppenheim :. broadly speaking. Critically examine both – Constitutive and Declaratory theory in relation to the nature of recognition under International law. a Community to be recognized as an international person must fulfil the four conditions (a) The Community must be politically organized. Meaning and Definition of the term „Recognition‟ :According to Prof. (c) This control should tend towards permanence. Ans.N. there are only two grounds (one for member States of the U. Thus. International Law leaves the members of International Community free to determine whether the States to be recognized contain essential conditions of Statehood. Q.” The Institute of International Law has defined the term „recognition‟ in the following words : “It is the free act by which one or more States acknowledge the existence of the definite territory of a human society.“ In recognizing a State as a member of international community the existing states declare that in their opinion the new State fulfills the conditions of statehood as required by International Law. politically. What are conditions for recognition of a new State.” Conditions for recognition of a new State : According to Kelson .

an international person through recognition only and exclusively”. Criticism :-The view that recognition is only a declaratory of an existing fact is not completely correct. According to this theory.According to this theory. Brierly. Oppenheim. But the moment 20 .There are two main theories of recognition :(1) Constitutive Theory (2) Declaratory or Evidentiary Theory (1) Constitutive Theory :. although they may normally recognize it. The act of recognition is merely declaratory of an existing fact that a particular State or government possess the essential attributes of statehood as acquired under International law. In practice. (2) Declaratory Theory :.‟ but a declaratory‟ act. recognition clothes the recognized State with duties and rights under international law. According to this theory. Wagner. This is a very absurd suggestion. Recognition is a process through which a political community acquires international personality of becoming a member of the family of nations. Meerut & Approved by Bar council of India. and becomes. In fact when a state is recognized. Recognition is merely formal acknowledgement through which established facts are accepted. Anzilloti Holland.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. it is declaratory act. Judge Lauterpacht has written that there is a legal duty on the part of the States to recognize any community that has in fact attained Statehood. statehood or the authority of the new government exists as such prior to and independently or recognition.the granting of recognition to a new state is not constitutive.This theory has been severely criticized by many jurists. The chief exponents of this theory are Hall.According to Oppenheim – “a State is. States do not accept any obligation to recognize a community that has attained statehood. etc are the chief exponents of this theory. New Delhi THEORIES OF RECOGNITION :. Brierly has remarked that :. unrecognized State can have neither rights nor duties under International law. Hegel. Criticism :. Pitt Carbett and Fisher.

Ans. New Delhi it is recognized.“recognition is declaratory of an existing fact but Constitutive in nature”.On the basis of the above discussion it may be concluded that recognition is declaratory as well as constitutive. Oppenheim has admitted that :. The seat of the Court shall be established at the Hague in the Netherlands. (B) Hijacking :_ 21 .11(a) Write a short note on International Criminal Court. (3) War Crimes. as referred to in this statute and shall be complimentary to national criminal jurisdiction. Meerut & Approved by Bar council of India. (b) Write a short note on Hijacking. Q.N.Article 1 of the Statute which establishes the International Criminal Court provides that it shall be a permanent institution and shall have power to exercise jurisdiction over persons for the most serious crimes of international concern. The Court has jurisdiction in accordance with the statute with respect to the following crimes. (4) The crime of aggression. It is further provided that the court shall be brought into relationship with the U. (1) The Crime of genocide (2) Crimes against humanity. Conclusion :.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. through an agreement to be approved by the Assembly of State parties to this and thereafter concluded by the President of the court on its behalf. Jurisdiction :-The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole.(a) International Criminal Court Establishment of the Court :. there ensue legal effects of recognition which may be said to be of constitutive nature.

The act mentioned above must be committed while the aircraft is in flight. 1969. or any other form of intimidation committing the offence of any attempt to do so. New Delhi Meaning and definition of the term „Hijacking‟ :. use of force or threat thereof. In wider sense. 22 . 1963. Seizure or other wrongful exercise of control of an aircraft in fligh or when an act is about to be committed.” The essentials elements of hijacking are as follows : 1. 3. Meerut & Approved by Bar council of India. 1815: 1. 2.As pointed out by “Allona E. Q. & 4. which came into force on December 4.Ordinary. 1. The use of force or threat there of is unlawful.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. Article 11 of the Tokyo Convention. Minister pleni – potentiary and Envoys Extra. In the cases contemplated in the preceding para. contracting states shall take all appropriate measures to restore control of the aircraft to its lawful commander or to preserve his control of the aircraft. Charged‟ affairs.In accordance with their status the following classification of diplomatic agents was first made in the congress of Vienna. the use of the means mentioned in (1) or attempts to use them should be for the purpose of seizing or exercising control of an aircraft. and 3. Ambassador and Legates. Ans. When a person on board has unlawfully committed by force or threat thereof an act of interference. 2. is comparable to piracy. the contracting state in which the aircraft lands shall permit its passengers and crew to continue their journey as soon as practicable and shall return the aircraft and the cargo to the person lawful ly entitled to possession. 2. Classification :.12 What are the different categories of diplomatic agents ? Describe in short different immunities and privileges of these agents in International law. “Aircraft Hijacking is a contemporary addition to the roster of In ternational and national crimes and the necessity for its control at international and national level is only beginning to be recognized by the States”.Evans. hijacking is an act against the safety of traffic in the air. an act against the safety or traffic on the open sea. provides.

They are diplomatic agents of first category and are the representatives of completely Sovereign States. now once again recognizes the following three Categories of diplomatic agents:1. &. these representatives enjoy lesser privileges and immunities as compared with those of the first category. (2) Immunity from criminal Jurisdiction of courts. Thu the diplomatic agents were the classified as follows : (i) Ambassadors and Legates: . Ambassadors or Nuncios accredited to Heads of States. Charged‟ affairs accredited to Minister of Foreign Affairs. Minister Resident was added and kept on the third place in order of priority. They are below the second Category and enjoy lesser privileges and immunities.The diplomatic agents are immune from criminal jurisdiction of the Court of the States in which they are 23 . Envoys. “The person of diplomatic agent shall be inviolable. They are not appointed by the head of the State. Article 14 of the Vienna Convention on Diplomatic Relations. (iii) Minister-resident:-This Category was added in 1818 the Congress of Aix –La Chappele. (iv) Charged‟ affairs – Charge d‟ affairs are the diplomatic agents of the last Category. Meerut & Approved by Bar council of India. The representatives appointed by Pope are called legates. 3. In this congress a fourth Category of diplomatic vagent namely.Following are the immunities and privileges of diplomatic agents.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. and other Heads of Missions of equivalent rank: 2.1961.1961. the receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person. (ii) Ministers pleni – Potentiary and Envoys Extra – Ordinary –Being the second category of diplomatic agents. They are appointed by the Foreign Minister of State and in rights and duties they are Considered below the Ministers-Resident.. 1818. (1) Inviolability of the person of Envoys :. Article 29 provides.This principle has been incorporated in Article 29 of the Vienna Convention on the Diplomatic Relations. freedom or dignity”. Immunities and Privileges of Diplomatic Agents. He shall not be liable of any form of arrest or detention. Minister and Internuncios accredited to Heads of States. New Delhi Some change was brought about in the above classification by the Congress of Aix-la – Chappele.

(9) Right to exercise control and jurisdiction over their officers and families – (10) Right to travel freely in the territory of the receiving State under 26 of the the religious rituals and ceremonies. in their Vienna Convention on Diplomatic Relations. 24 . (3) Immunity from civil Jurisdiction. (6) Immunity from taxes. cannot be filed against diplomatic agents. New Delhi appointed.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. (11) Freedom of Communication for official purposes :.According to Article 27 of the Vienna Convention on Diplomatic Relations. (4) Immunity regarding residence – The residences of diplomatic agents are generally regarded inviolable. 1961.Diplomatic agents cannot be presented as witness in the Court. They are free to follow any religion or perform own way. (12) Immunity from the local and military obligations – This provision finds mention in Article 35 of the Vienna Convention on Diplomatic Relations. the diplomatic agents have freedom to communicate with the home State in connection with their functions and duties. 1969. etc.Under International Law the diplomatic agents are also immune from payment of taxes. the diplomatic agents can travel freely in the territory of the receiving States. Suits for recovery of debts.The diplomatic agents are also immune from the jurisdiction of the Civil Court. 1961. (8) Right to worship – The diplomatic agents enjoy the right to worship. Meerut & Approved by Bar council of India. etc. it is sufficient for such an agent to Inform the court that he is immune from the jurisdiction of the Court. if a Case is filed in a court of law against diplomatic agent. Relations : (7) Immunity from police rules – The diplomatic agents are also immune from the police rules of the State in which they are appointed. (5) Immunity from being present as witness. etc. But a Diplomatic agent may himself waive this immunity and personally present himself in the Court as a witness. These immunities are incorporated in Art 34 to36 of Vienna Convention on the Diplomatic Relation. breach of Contract.

and (5) Diplomatic agents not to practice for personal profit any professional or commercial activity. When the Constitution of India was being drafted and adopted. 1948. central law agency. unless there are serious grounds for presuming that it contains articles not covered by exemptions mentioned in paragraph of this article or articles the import of which is prohibited by the flaw or controlled by the quarantine regulations of the receiving State. Explain (Reference International law and Human Rights (Nutshell)13 th edition. Meerut & Approved by Bar council of India.According to Article 33 of the Vienna Convention. (3) Official Business to be conducted with or through the Minister of Foreign Affairs of receiving State or such other Ministry as may be agreed. New Delhi (13) Immunity from Inspection of Personal Baggage – Article 36 (2) of the Vienna Convention provides that personal baggage of diplomatic agent be exempt from inspection. Duties of Diplomatic Agents : Following are the duties of diplomatic agents – (1) Duty to respect laws and regulations of the receiving State . The Indian Constitution bears the impact of Universal Declaration of Human Rights. Q.13 How far various human rights have been included within the Constitution of India. The universal declaration had already been passed by the General Assembly of the U.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. 25 . Ans. The Supreme Court of India has recognized the influence of the universal Declaration of Human Rights on the Indian Constitution. (14) Immunity from Social Security provisions : .N. he Indian Constitution incorporates human rights in following three ways : (1) Specifically inumerated Rights. (2) Other Rights or Rights not specifically Enumerated. (2) Duty not to interfere in the internal affairs of the State. a diplomatic agent shall with respect to services rendered for the sending State be exempt from social security provisions which may be in force in the receiving State. (4) Premises of Mission not to be used in any matter incompatible with the function of the Mission.

.. slavery trade etc. Right to own property and not to be deprived of Property (Article 17)…………………………………………………. Right to freedom of movement [(Article 13(1)] …………………….. ……………………………………………. Equality before law and non-discrimination (Article 7) ………. Right to Life and Security of Person (Article 3) ……………………………. conscience and Religion (Article 18)…………………………………………………………. Right to freedom of peaceful assembly and Association [(Article 20(1)] ………………………………………. Article 21 2....Article 19(1)(b) 12. Right to equal access to public service [Article 21(2)] ……………. (Article 4) …………………………Article 23 3... The following Charts will make the position clear..Arts.. (Article 9) …………………….. (42nd Amendment) Act.……Article 20(1) 7... New Delhi (3) Unenumerated Rights (and also not yet recognized rights).. Right to freedom of opinion and expression [(Article 19 .. (A) Civil and Political Rights : _____________________________________________________________________ Universal Declaration of Human Rights Indian Constitution _____________________________________________________________________ 1..….. Right against ex post facto laws [(Article 11 (2)]……………………. Prohibition of slavery..Article 10(1) (d) 8.. 1978] 9.... Right to freedom of thought.Article 32 5.Article 22 6. Meerut & Approved by Bar council of India.. Right against arbitrary arrest.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. (1) Specifically Enumerated Rights – By specifically enumerated rights we mean human rights which find mention in international instruments such as Universal Declaration of Human Rights and International Covenants on Human Rights and are also enumerated in Indian Constitution either as fundamental rights or Directive Principles of State Policy.……Article 19(1)(f) [ But it was omitted by the Constitution of India. Article 19(1)(a) 11.……Article 16(1) 26 . detention etc. For example a number of human rights which have been proclaimed in the Universal Declaration on International Covenants on Human Rights have also been enumerated in Indian Constitution..……..Article 25(1) 10. Right to effective remedy (Article 8) ……………………………………. 14 and 15(1) 4..…...…….

Article 20(2) 8.Article 29(1) 14. Right to education and free education in the „ Elementary and fundamental stages [Article 26(1) …………………Articles 41 & 45 7.…. New Delhi 13.. (3) & (4)]……… Article 22 4.Article 21 2.. Social and Cultural Rights : ____________________________________________________________________ Universal Declaration of Human Rights 1..Article 19(1)(d) 5. Right to form and to join trade Unions [Article 23(4)] ……………… Article 19(1)(c) (B) Economic. Right against ex post facto laws [Article 15(1)] ……………………. Freedom from forced and compulsory labour [Article 8(3)] ………………. Right to social security (Article 22)……………………………………. [ Article 23(1) ………………………………………………………………….…Article 14 6.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University.…. liberty security of person [Articles 6(1) & 9(1)] ……………………………………………………………………. Equality before courts & tribunals [Article 14(1)] …………………………. Right not to be compelled to testify himself or to Confess guilt [Article 14(3) (g)]…………………………………. Freedom from unlawful arrest and detention [Article 9(2).. Right to work. Meerut & Approved by Bar council of India..Article 43 5. Liberty of movement and choice of residence [Article 12(1)] ………. Right to life.…………. Right to everyone to a standard of living adequate For his and his family [Article 25(1)]…………………………. Right against Double Jeopardy [Article 14(7)] …………………….Article 39(d) 3.…….. Article 39(a) & Article 47 6. Right to equal pay for equal work [Article 23(2)] …………………….…….….Article 38 Indian Constitution (C) Civil and Political Rights : _____________________________________________________________________ International Covenant on Civil and Political Rights) 1. To just and favourable conditions of work etc.Article 23 3.. to free choice of an employment. Right to rest and leisure (Article 24)…………………………………………. Article 41 2. Right to just and favourable remuneration [Article 23(3)] …………………Article 43 4.Article 20(1) 27 Indian Constitution .Article 20(3) 7. Right to a proper social order (Article 28) ………………………..

14 & 15(1) 15. Right of workers of decent living for themselves And their families and their right of rest..7(b) & 10(2)] ………………………………………………………. Right of minorities to enjoy their own culture. Right to freedom of association with others (Article 22(1)] ………………………………………………………………Article 19(1)(c) 13. Freedom of thought. Protection of Children and young persons [Article 10(3)……………………Article 39(f) 3.…………. conscience and religion [Article 18 (1)] ………. 7(a)(ii) : 7(d)] ………………………………………………………………………. Equality before law & equal protection of law Without any discrimination (Article 26) ………………………….. Right to work [Article 6(1)] …………………………………………….……article 45 28 Indian Constitution . Right to safe and healthy working conditions and Right to protection of mothers before child birth [Arts.………Arts.Article 16(1) 14. New Delhi 9. Right to peaceful assembly (Article 21)…………………………………Article 19(1)(b) 12. Article 41 4.Arts. to Profess and practice own religion or-to use their Own language (Article 27)……………………………………….. 29 & 30 (D) Economic. Right to have access.….Article 39(d) 2. Social and Cultural Rights : ________________________________________________________________________ The International Covenant on Economic Social and Cultural Rights.…………Article 42 5. Obligation of States to make secondary education Generally available [Article 13(2)(A)] ……………………………………….. on general terms of equality To public service in his country [Article 25(c)] …………………………..KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University.…. Equal pay for equal work [Article 7(a)(i)] …………………………………….Article 43 6. 1966 _______________________________________________________________________ 1.. Meerut & Approved by Bar council of India... leisure And reasonable limitation of working hours [Arts.. Right to hold opinion without interference and right to Freedom of expression [Article 19(1) & (2)] ……………………Article 19(1)(a) 11.Article 25 10.

(v) Freedom to carry traffic between two foreign countries. Central Law Agency) Q. Freedom to land for non-traffic purposes. They are called fundamental rights. (iv) Freedom to pick-up in foreign country. Freedom to disembark in foreign territory. The International Air Transport Agreement.14 Write a short note on (a) Five freedoms of Air (b) Maritime Belt or Territorial water Ans. The International Air Service Agreement. traffic originating in the state of the origin of the craft.……. Meerut & Approved by Bar council of India. 1944 – This agreement incorporated the first two freedoms. (Reference International Law and Human Rights (Nutshell) the Edition.Article 47 The human rights which are incorporated or specifically Indian enumerated in Part III of the Constitution are of special importance. New Delhi 7. they cannot be taken away or abridged by the Executive or Legislature. Maritime Belt or Territorial waters – The 1958 Geneva convention on Territorial waters and contiguous Zone provided that the coastal state exercises sovereignty over that part 29 (B) . Moreover. Right of to an adequate standard of living for Himself and his family (Article 11)…………………………………………. They are fundamental in the sense that they are enforceable by courts. traffic destined for the state of the origin of the air craft. 1944 – This agreement incorporated the last three freedoms.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. (i) (ii) (iii) Freedom to fly across the foreign territory without landing. In order to give a concrete shape of the above five freedoms the following two agreements were entered into1. Five freedoms of Air – Convention of 1944 declared the following 5 freedoms of the air. The first agreement was signed by the majority of the states whereas the second was signed only by a few states. 2.

(b) punish infringement of the above regulations committed within its territory or territorial sea. Q. Convention on the law of the Sea. The contiguous may not extend beyond 24 miles from which the breadth of territorial sea is measured. It was laid down in the famous case of The Zamora 30 . That is to say. Scientific inventions and discoveries made this rule inadequate because the range of canon-shot increased considerably. in a zone contiguous to its territorial sea. convention on the law of the sea. it is twelve miles beyond the territorial sea. They acquire validity from State Law. fiscal immigration or sanitary regulation within its territory or territorial sea. but also over air space above it. New Delhi of the sea which is called Maritime or Territorial waters. 1982 contains a similar provision. The coastal state exercises sovereignty not only over to territorial waters. According to Article 53 of the U. Meerut & Approved by Bar council of India. Problems of Width of the Territorial Waters –Up to 18th century the canon-shot rule was prevalent. Nature of Prize Courts – Prize Courts are national courts. But it should be noted here that simply by seizing such properties or ship as prize. In the 19th Century.(i)Contiguous Zone – Contiguous Zone is that part of the sea which is beyond and adjacent to the territorial sea of the coastal state. the coastal state may exercise the control necessary to – (a) prevent infringement of its customs. the belligerent State does not acquire the ownership over them. the breadth of the maritime belt extends to that distance where a conon can fire. According toe Bynker-Shoek.15 Write a short note on (i) Contiguous Zone (ii) Prize Courts Ans.N.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. They are not international courts. According to Grotius the Sovereignty of a coastal state over maritime belt should extend to that area up to which it can exercise effective control. the 3 mile canon-shot rule became very much prevalent. 1982. (ii) Prize Courts – The enemy properties seized in the sea in violation of rules of blockade or contraband are called prizes.N.. In order to acquire ownership over such goods or ships the general practice is that such goods or ship are produced before the courts which are called Prize-Courts. Art 2 of the U. Up to 19th century the range of canon-shot was generally 3 miles.

Q. duties and privileges at international law. According to Lawrence. the State law and notifications are binding upon them. such attitude creating rights and duties between the impartial States and belligerents”. New Delhi that the British Prize Courts are. Meerut & Approved by Bar council of India. neutrality denotes the attitude of a State which i s not at war with belligerents and does not participate in the hostilities. Ans. These rights and duties are recognized under international law and should be observed by the belligerent State as well as the neutral States. national tribunals. They acquire validity from national orders and notifications. Jurisdiction of Prize Courts – The Prize Courts derive jurisdiction from the belligerent States which establish them.As pointed out by Oppenheim. “In the popular sense. Meaning and definition of the term „Neutrality” . the neutral State also acquires certain rights because of the attitude of impartiality and neutrality adopted during the war between the two belligerent States. (3) Creation of rights and duties – The recognition of attitude of impartiality of the neutral State gives rise or creates certain rights and duties. it is more than an attitude. It gives certain rights to neutral States and also imposes certain duties upon it. neutrality is the “condition of those States which in time of war take no part in the contest but continue pacific intercourse with the belligerents. which must be respected by belligerents and neutrals alike”. This impartiality is one of the essential elements of neutrality. 31 . On the basis of the above definitions we may conclude that there are following three essential elements of neutrality : (1) Attitude of Impartiality – Neutral State is a State which does not take part in war and remains impartial. involving a complex of rights. Similarly.16 What do you mean by Neutrality? What are the essential elements of Neutrality. Since Prize Courts are national courts. (2) Recognition and Impartiality by Belligerent States –It is also necessary that this impartiality should be recognized by the belligerent States. The belligerent State establishes there courts because it is necessary for them to get the validity of the goods or ships seized by them certified or verified by such courts.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. neutrality is “the attitude of impartiality adopted by third States towards the belligerent and recognized by belligerent. in fact. however.” According to Starke. In its technical sense. and denotes a legal status of a special nature.

In Eastern Greenland case.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. a state may acquire some territory by prescription only when the following conditions are fulfilled : (i) When it has not accepted the sovereignty of any other state over the said territory. New Delhi Q. Johnson. to territory already under the sovereignty of the acquired State. As pointed out by an eminent writer. D. (IV) Cession – Territory may also be acquired through cession. “Title by accretion occurs when new territory is added mainly through natural causes. Possession should be for a definite period. (2) There should be some actual exercise or display of such authority.” A leading case regarding occupation is Island of Palamas Arbitration (1929). Meerut & Approved by Bar council of India.N. Possession should be in public. Modes of acquiring territories – Following are the modes of acquiring territories under International Law : (1) Occupation – According to Starke. the Permanent Court of International Justice laid down the following two tests : (1) For occupation it is necessary that there must be an intention and will to act as Sovereign over the territory concerned. “Occupation consists in establishing sovereignty over a territory not under the authority of any other State whether newly discovered or an unlikely case – abandoned by the State formerly in control.17 What are the different modes through which new state – territories can be acquired under international legal system.H. Cession is generally considered valid only when the sovereignty of the territory concerned is transferred to another State Case refer In re Berubari Union and Exchange of Enclave 32 . (III) Accretion – As pointed out by Starke. Ans.” No formal act or assertion of title is necessary. It may either be a voluntary act or in consequence of a war. The facts in this case are as follows : (II) Prescription – Yet another mode of acquiring territory is by prescription. (ii) (iii) (iv) Possession should be peaceful and uninterrupted.

A State may lease a part of its territory to another State. necessary that after conquest. As pointed out by Starke. It is. or in any other manner inconsistent with the purposes of the United Nations. Asylum involves two elements : (1) A shelter 33 . State of Malta has leased an island to Britain for some time. This mode has become obsolete after the commencement of the Charter of the U.A. Meerut & Approved by Bar council of India. (VI) Lease – Yet another mode of acquiring territory is by way of lease. Q.18 Define Asylum. Ans. effective occupation after conquest is necessary. Sukumar Sengupta (popularly known as Tin Bigha case). however. A plebiscite was held under the auspices of United Nations. In view of this provisions acquisition of territory by annexation is no more legal. A recent example of this is the annexation of Kuwait by Iraq. For example. A recent example of acquiring territory by this mode is that of West Iran which was claimed both by Netherlands and Indonesia. sovereignty must be established over the territory. Meaning and Definition – By „the term “Asylum” we generally mean the shelter and active protection which is extended to a political refugee from another State by a State which admits him on his request. (VIII) Plebiscite – There is controversy as to whether a territory may be acquired through plebiscite or not. (IX) Acquisition of territorial sovereignty by newly emerged State – Yet another method of acquiring territorial sovereignty is through the emergence of a newly independent State. Write its classification. Article 2 (4) of the Charter make it incumbent upon Member States to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state. (V) Annexation – A territory may also be acquired by annexation. New Delhi Refer case Union of India v. Panama leased Panama canal area to the U. In this connection the difficulty is how the territory which was previously part of another State ca acquire sovereignty after becoming independent. That is to say.S.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. Similarly.N. This is particularly true in case of those states who were previously the colonies of some states. (VII) Pledge – Sometimes a State may pledge a part of its territory to another State in return of some money.

Extra-territorial or diplomatic asylum – A State may also grant asylumin its Embassy in foreign countries or in its public vessels. Types of Asylum (i) Territorial asylum. Extra-territorial or diplomatic asylum may be classified into following categories : (a) Asylum in foreign Legation or Diplomatic Embassies – Since granting of diplomatic asylum involves a derogation from the sovereignty of the State international law ordinarily does not recognize a general right of a head of mission to grant asylum in the premises of legation. and (2) a degree of active protection on the part of the authorities which have control over the territory of asylum. (ii) Asylum may also be granted where there is a well-established and binding local custom. Example of influx of refugees from Bangladesh – As pointed out earlier. to individuals who are physically in danger from mob-violence or in case of fugitive who is in danger because of political corruption in the local State. 34 . India was within her right to grant asylum to millions of refugees from East Pakistan (Now Bangladesh) who fled from their native land due to repressive policies followed by and ruthless prosecution caused by the military regime of General Yahya Khan. and (ii) Extra-territorial asylum Territorial Asylum – Territorial asylum is granted by a State in its own territory and is considered as an attribute of territorial sovereignty of the State which grants Asylum. Example of Dalai Lama and his Tibettan followers – The grant of asylum to Dalai Lama and his followers was an indication of the exercise of territorial sovereignty by India. India as a sovereign State was within her girths to grant asylum to Dalai Lama and his followers in the territory of India. This right has also been recognized in the draft declaration on Asylum adopted by the United Nations Human Rights Commission. New Delhi which is more than a temporary refuge. for a temporary period. each sovereign State can admit or grant asylum to any individual within its territory. Meerut & Approved by Bar council of India.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. In the view of Starke asylum may be granted in the legation premises in the following exceptional cases : (i) Asylum may be granted.

KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. (e) Asylum in Merchant Vessels – Since merchant vessels do not enjoy immunity from local jurisdiction. (b) Asylum in Consular premises – The above principles also apply in case of grant of asylum in consular premises. they are not competent to grant asylum to local offenders. New Delhi (iii) Asylum may also be granted if there is a special a treaty between territorial State and the state of the legation concerned. Some writers are of the view that asylum can be granted in war ships in the territorial waters of a Coastal State. temporary asylum may be granted in case of danger of imminent violence. (c) Asylum in the premises of International Institution – Generally speaking international law does not recognize any rule regarding the grant of asylum in the premises of International Institution. Meerut & Approved by Bar council of India. 35 . However. (d) Asylum in War Ships – There is a controversy in regard to the grant of asylum in War Ships.

6 International Law is Law in Proper Sense.3(a) How the Chairperson and members of National Human rights. Q. New Delhi Important Questions Q.5 Write a short note on Indian (A) Territorial Waters (B) Write a short note on Amnesty International. Q. Critically Examine the statement is it true to call it a weak law. 36 . Q.4 What do you understand and by the term all facts and all fure recognition is there any distinction between these two types of recognition. (b) Describe relevant provisions of the Protection of Human Rights Act 1993 regarding the tenure. Q. Meerut & Approved by Bar council of India. conditions of service and the removal of above mentioned members of the commission.7 Define State and non state entities Point out the difference between vassal status and protectorates.2 Write a critical envoy on universal declaration of Human rights 1948.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. Q.1 Explain in brief the object short title extent and commencement of the Protection of Human Rights Act 1993. Q.

Q.14 How Human Rights have been defined in the Protection of Human rights Act 1993? 37 .10(A)What are the functions of the National Commission for minority Act 1992. New Delhi Q. Q. Q. Meerut & Approved by Bar council of India. Write down four such rights.12 Discuss the composition of National Human rights commission. Q. (B) Duties of Prize Courts.9 Attempt a critical energy on Universal Declaration of Human Rights 1948. How far in your opinion this commission has been able to protect the human rights of Poor Indians uptil now.11 What are the different sources of International Law? Q.KAMKUS COLLEGE OF LAW ( BHAGIRATH GROUP OF INSTITUTIONS) (Affiliated to CCS University. (b) Write a short note on United National Commission of Human rights. Q.8(a) Explain the Maxim Pacta Sunt Servanda.13 Where could you find the human rights in the Indian constitution.