A.

Definition of the subj:

Public International Law (or the law of nations) is the body of rules which governs the relations of
sovereign states and such other entities possessed with international personality.

States are the sole actors in this definition and, in the past, public international law dealt almost
exclusively with regulating the relations between states in diplomatic matters and in the conduct of war.
Today, sovereign states remain as the principal subjects of international law.

Public international law may be observed by both states and private individuals:

1) States guarantee the observance of PIL by ta firm adherence to the principles of natural moral law
and to the spirit of treaty stipulations. In particular, this guaranty may be made through peaceful
means (e.g. diplomatic negotiation); through forcible means short of war; and finally through war
itself.
2) Individuals may guaranty the observance of PIL by electing competent people to their
government and complying in good faith with all the legislative requirements, executive rules and
proclamations and judicial decisions affecting property rights.

between PIL and municipal law:

1) Principal Sanctions.
PIL = Reprisals and War.
ML = Differences Criminal punishment and civil execution.

2) Responsibility for failures and omissions.

PIL = Collective.
ML = individual

3) Governing coercive order.

PIL = Decentralized
ML = Centralized. One authority (legislative gov’t)

4) PIL is harder to enforce, it being imposed by the collective will of equals.

In ML, the subjects recognize the superiority and authority of the gov’t.

B. STATE

A state is a group of people capable of procreation and of self-defense, living on a definite territory,
possessed of a government to which the inhabitants render habitual obedience, and such independence
from external control as would enable it to conduct its external and internal affairs without unreasonable
intervention from other groups.

Elements: (1) Group of People; (2) Definite territory; (3) Government; (4) Independence.

Fundamental Rights and Duties of a state:

 1) Right of existence, integrity, and self-preservation
a. Duty of the state to respect the right of other states to the latter’s territorial existence and
integrity.
2) Right of sovereignty and independence
a. Duty to refrain from intervention in the internal and external affairs of any other state;
b. To refrain from formenting civil strife in the territory of another state;
c. To ensure that conditions in its territory do not menace international peace and order;
d. To refrain from resorting to war as an instrument of national policy
e. To refrain from giving assistance to any state acting in violation of the duty in (d);
f. To refrain from recognizing any territorial acquisition by another state acting in violation
of (d).
3) Right of equality
a. Duty to treat all persons under its jurisdiction with respect for human rights and
fundamental freedoms, without distinction as to race, sex, language or religion.
4) Right of property and jurisdiction
a. Duty to respect property rights and jurisdictional processes of other states insofar as they
do not infringe upon the former’s own rights.
5) Right of diplomatic intercourse
a. Duty to settle disputes with other states by peaceful means;
b. To conduct relations with other states in accordance with International law. And with the
principle that sovereignty of each state is subject to the supremacy of international law.

C. MANDATES AND TRUST TERRITORIES

The Mandates were the former territorial possessions of the states defeated in WW1; they were placed
under the control of the League of Nations and the so-called Mandatories. After WW2, these mandates
became trust territories under the supervision of the UN, the Trusteeship Council, and Administering
Authorities

Under Article 77 of the Charter, the International Trusteeship System applied to:

territories held under mandates established by the League of Nations after the First World War;

territories detached from "enemy States" as a result of the Second World War; and

territories voluntarily placed under the System by States responsible for their administration.

Pursuant to Article 76 of the Charter, the basic objectives of the International Trusteeship System in
accordance with the purposes of the United Nations included: to promote the political, economic, social
and educational advancement of the inhabitants of the Trust Territories and their progressive development
towards self-government and independence; and to encourage respect for human rights and fundamental
freedoms for all and recognition of the interdependence of the peoples of the world.