International Law

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International Law
Public International Law (Karnataka State Law University)
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PUBLIC INTERNATIONAL LAW
MODEL ANSWER PAPER ACCORDING TO KSLU PATTERN
2013-14
UNIT-I
Q.No. 1. ( a ) Briefly explain the origin and development of International Law.
ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.
Though International Law has Coexisted from with status from the very
beginning.
International Law in modern term is a product of recent history.
International Law in modern terms can betraced of its origen to the 15th
century.
History and development of International Law for the purposes of the

present day study can be divided into the following stages.
1)Preventive& Ancient period
2) Middle Age
3) International Law in the 15th to 16thCentury
4) The era of Hugo Grotius – and thereafter
5) The 19th Century
6) The 1st world war
7) Second world war
8) Present day status of International Law
1) Preventive & Ancient Period:-
In the earlier stages of human history, they were some traces of

International Law ie in Egypt and amongst the ancient Jews
They entered into treaties and
Accorded suspect to the ambassadors
Treated foreigners in the same way as that of its won nationals.
Particularly of the treaties were surrounded by others, and religions
symbols

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Interwoven with religions morality, used form of International Law

prevailed during those days.
Hindus:
Concept of Dharma was the basis of relation of one state with the other
amongst the Hindus.
Wars were divided into just and un-just wars
International state relations were more moral than legal in nature.
According to some jurist certain International Laws can be traced
amongst the ancient Hindus.
Ancient Greece
Even in Greece International city relations were regulated by a
rudementry kind of International Law based religions morality.
But rules of International Law were applied amongst the people of the
same race.
Non-greeks were treated as Barbarians.
Ancient Rome:
As in Greece , so in Rome also meager rule International Law was

founded on religions morality.
During the 15th to 16th century when International Law began to
develop knowledge of Roman Law proved to be very helpful.
Various concepts of International Law were shaped on the anology of
similar concepts of Roman Law.
Example in concepts of territorial soveriigenty , diplomatic agents etc.
Roman Law was responsible in shaping International tieties .
MIDDLE AGE
During the middle Age, the climate was not favorable for the
development of international law .
Barriers to such development were mainly the following.
a) The supremacy of the church to the university of its law
b) Besides the pope, the emperor represented the supreme & universal
authority in the western world.
Legally there existed only one monarchy consequently, there could
not be international relations among the princes of the Holy Roman
empire.
c) Feudalism undermined internal sovereignty. The feudal lords had
arrogated to themselves certain powers which belong to severing.

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Therefore in the middle age the absence of international

independent national severing states obviated the necessity of
International Law
International Law in the 15th& 16th Century.

The necessity of International law did not arise until a necessary of states
absolutely International of one another had successfully established themselves
process of development was spread over from the middle of 9th century to the
end of 15th century.
Europe was in fact divided into a great once of international states to the
necessity for international law to regular to the relations of these severign states
arose.
Factors responsible for the growth of principles of International Law.
a) Revival of ancient leasing and the knowledge of the rome was bought
back to west.
b) With the revival of International sea trade, customs of maritime law
appeared. This growth of International trade also gave rise to the
controversy regarding the freedom of the high seas and therefore gave
an impetus to the growth of International Law
c) Trading cities began to develop leagues for the protection of the trade &
the trading citizens. This league stipulated for the arbitration on
controversies between their member towns , which lead to the growth
of International law.
d) Customs sending & receiving permanent legation between states
developed.
e) The custom of keeping standing armies by the greater status,
necessitated the rise of some universal rules & practice of warfare.
f) Renaissance and the reformation.
1) The renaissance of science and arts, in the 15th century revised the
ancient learning of Greece.
The great philosophic thought of the Greeks become current, and
into concept of the law of nature land dawn a firm foundation for
further development of International Law.
2) Reformation put an end to the spiritual master ship of the pop over
civilized world. Protestant status hardly recognized the authority of
the pope to act as an arbitrator.
Further necessitated the rise of the modern International Law.

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3) It was during this time that a number of thinkers and writers began to
work out several schemes for the establishment of the eternal pence.
Such scheme at least impressed the people about the necessity of
universal rules and common organizations.
Therefore at the end of the period, two factors became apparent
The fall of the church & the secularization of the political force & the
fall of the Roman Empire & the rise of the national servicing status.
With the disappearance of the supremacy of the pope & the empire,
the spiritual unity of the Europe was destroyed.
During this era Bodin of france Machiavellte of Italy & Hobbs of
Englanc provided the theroritical coundation for the secular concept
of state sererignly & national law.
4) The Era of Hugo Grotius and thereafter.
The greatest of writers of the subject in 17th century, was Hugo

Grotius;
He was a dutch scholar and a diplomat. He is considered as the
greatest of the earlier writers of International Law.
He is the author of 1st systematic treaties on International law.
His writings, dealings with war and peace has earned him the titile of
“the father of International Law”
His contributions are as follows.
a) His main contribution, according towheaton, has been that
Grotius, seems to have been the first to lay.
b) Giotius tried to establish that the totality of relations between
status was governed by law.
c) His great contribution was to secularize the concept of law of
nature, and to show that the basis of law of nature was in human
nature itself.
d) Grotions further recongnised that the individuals and the state
composed of the individuals were essentially identical.
This theory was in centralization to metaphysical theory which
Grotius contributed.
e) Grotics maintained a fine different between the just and unjust
wars and thus condemned the absolute rights of states to wage
wars according to their will & wish.
f) According to him a state which was carrying on a just war was to
be assisted.

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g) Grotius emphasized the great utility of peaceful settlement of

disputes in the international space .
h) Grotiun appreciated the great utility of peaceful settlement of
disputes between states through negotiations etc.
Defects of his work.
Through his contribution was remarked his work was not

without defects
The main defects of his work were
(i) His treated on the law of war & peace was hasly& superficial.
(ii) He was not logical un laying down the theoretical basis of
International law. His method was not that of a positionist not
of naturalist
(iii) The greatest criticism was, is that law is a concept of law of
nature.
In spite of the above defects the importance of Grotious , the
systamatisantion of International Law cannot be overlooked.
He was a man gifted with intelligence and per found scholarship who
whole colossal work on International Law .
He was the first to attempt the systematization of International Law.
He helped to being a sort of law in the lawless jungle of International
relations. Though he was condemned as father of International law by
few. It was still conceded that he was the father of International law.
Q1a) Examine the theories as to the relation between International Law

and state Law.
Relation Ship between International law & State Law:

The question of the relation between international Law and state law
is not only of theoretical importance but also immense practical
importance.
1stly law of treaties which effect the state laws cannot be clearly
understood unless the relation between the two legal system is clearly
appreciated .
2ndly most of the time municipal courts will be confesicated with the
problem of giving effect to rules of International Law. Some times there
rules may be in conflict with the municipal law of the courts.
In such cases it is necessary to have a clear grasp of the relation
between International & state law.

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3rdly International courts and tibunals may have to determine the effect
of the rule of municipal law in International sphere.
Theories regarding the relation between International Law & state

law .
They are mainly two theories.
1) Monism and
2) Dualism
Monism.
According to this theory International law & State law are components
of one system of law in general.
This theory regards law as a single unity consisting of rules whether
those rules are binding on states or individuals or an entities other than
International Law ultimately regulate the conduct of individuals.
Only difference is in the case of International Law as it is applicable to
the International sphere ,the convergences of such conduct are
attributed to the state .
Prof. kelsen maintains that once it is conceded that International law is a
law . It is impossible to deny that both these legal systems are part of
unified system of Law.
It is further maintained that the two legal systems must be
considered to be essentially identical, as many of the fundamental
nations of International law cannot be understood unless one state with
the premises that the various systems of municipal Law according to
some extent derived by way of delegation from International law.
Example territional jurisdiction of State
Some another and jurists likeLeuterpacht, who take a more practical
approach, & maintains the monistic theory of the relation between the
two legal system. They start with a simple fact that the individuals lies at
the bottom or root court of legal system.
He goes on to say that international Law is made for the state & not
state for International law.
DUALISM
According to this theory Internal Law & State Law are two legal
systems which are entirely different.
1) They differ as regards their sources
2) They differ regarding the relations they regulate.

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Municipal law regulates the relation between the individuals who

are under the state, where as International Law regulates relation
between states.
These two legal system differ regarding the sanction,
Municipal Law being the law of the sovereign over individuals
subjected to his sway, has a strong sanction behind it.
Whereas International law being not a Law above the states but a
law Between the sovereign states, has a weaker section.
Oppenham & Triepel were inclined to support the Dulastic theory.
Whether these two theories are correct:
Monism is a more correct theory but it is submitted that no

theory as complete in itself & it is not possible to include all the
elements in it.
The practice of states indicate some time, there is a primary of
International Law, sometimes there is the primary of the
municipal law & sometimes there is a mixtures of legal system
Eg:- In Greco Bulgarian communities case .
[ PCJI (1930) series ‘B’ no.17 ]
The ICJI held that it is generally acceptable principle of

International law in relations between powers who are
contracting parties to a treaty, the permission over the municipal
law cannot prevail over the treaty’ on the other hand when the
municipal courts find the conflict between the International law &
municipal law is of such nature that cannot be avoided. They gave
primary to the municipal law. In this connection.
3) Adoption theory:- This theory is based on the theory of

positivists.
According to this theory International Law can be enforced inthe field of State
Law only after it has been specifically adopted by state law. This
theory can also be subject to criticism becausethere are several principles of
international law which are applied in the field of municipal or the state law
in specific adoption
However this view is generally followed by states in respect of international
treaties. It is agreed that unless there is specific adoption of international treaties
such as Tokyo convention act 1975, The Vienna convention of diplomatic relation

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act 1972. There is some form of transformation, internationaltreaties as such

cannot be enforced in municipal field .
While considering the international convention in the civil and political rights. The
SC of India has held in jolly George v/s the bank of cochin
“The positive commitment of the state parties ignites legislative action at home
but does not automatically make the covenant enforceable part of the corpusjuris
of India “
As regards specific adoption of international treaties by India parliament ,the anti
apartheid act 1981, the anti hijacking act 1982 the suppression of unlawful act
against the safety of civil aviation act 1982 and IM Fund to bank act 1982.
It is noted that there are many principles of international law which are applied in
the field of municipal law without specific adoption.
4) Delegation theory : The critics of transformation theory have put

forward a new theory called Delegation theory.
According to the theory the constitution rules of international law
permit each state to determine as to have international treaties
will become applicable in the field of state law. The constitution of
each state contains prevision in this connection.
This theory is based on presumption to has been criticized parties
regarding state relationship between international law and state
law.
State practices regarding relationship between international law and state law.
1) British practice
2) American practice
3) Indian practice.
British practice
The British practice relating to the customary rule of
international law and treaty rules are different.
British practice regarding the customary rule of
international law.
In British customary rules of international law are treated as

part of their own law. But they are subjected to certain
conditions.
1) The rules international law should not be inconsistent
with the British statutes.
2) When the highest court determines the scope of
customary rule of international law all the court in

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British are bound by it. The influence of the above

practice in that British court generally interpret the
statutes in such a way that they should not go against
international law. Besides this be pawed through
evidence.
They ate certain exceptions to this also.
British practice regarding treating rules:-
In British the practice relating to treaties is based on the
constitutional
Principles givingthe relations between the executive to parliament
The matters relating to negotiations, signatures etc comes
under the prerogative powers of the crown.
In case of same type of treaties the parliamentary consent is
necessary .while in other cases no consent is necessary for
their application.
Consent is necessary for the following types of treaties:-
1) Treaties affecting the rights of British citizens.
2) Treaties which amend or modify common or statute laws of
British.
3) Treaties conferring additional power in the crown and
4) Treaties which impose additional financial burden in the
government.
Apart from these treaties expressly provide for their
implementation consent of the parliament is required.
Consent of parliament is essential for their application.
The consent of parliament is also required for those treaties
which cede the British territory.
Other type of treaties do not require consent of parliament.
American practice:-
In America also the practice regarding customary rules
and treaties rules of international law are different.
Practice regarding customary rules of international law:

The American practice regarding the operation of
customary rules of international law within the sphere is
very similar to British practice.
In America the customary rules of international law are
treated as part of American laws
In Paquete Habana case [ 1900, 175, US 677]‘ Justice
Grey ‘ remarked “International Law is a part of our law, and must be

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ascertained & administered by the courts of justice of appropriate

jurisdiction as often as question of right depending on it are duly
presented for determination.
The American courts also interpret statutes of congress
in such a way that they should not go against International Law.
American practice regarding treaty rules.
In America the practice relating to treaty rules is based upon the

provisions of the constitutions . Art VI of the American constitution provides that
constitution of U.S, all laws made in pursuance thereof & the international
treaties entered into under the authority of the U.N shall be the supreme law of
the land.
Therefore in America, International trusties have been placed in the same
category as the State Law. However, it has been held by the SC of the united
states of America that in case of conflict between the constitution & International
treaty, the constitution shall prevail. Besides this, in case of conflict between
International treaty & Municipal Law whichever is later in date prevails.
In America treaties are divided into 2 categories
1) Self –executing treaties and
2) Non-self executing treaties.
1) Self executing treaties became applicable in America without the

consent of congress.
2) Whereas non-self executing treaties requires the consent of the
congress to become applicable in the field of state law.
Indian practice.
The practice of the Indian courts seems to be very similar to that of the
Branch courts. Customary rules of International Law to the extent they are not
inconsistent with the Indian statutes will be deemed to be law of the land. Rules
laid down by treaties will not become automatically operative unless they have
been specifically adopted by legislative enactments.
Q1(b) Write short notes on:
International custom.

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Customs was considered to be almost the sole senesce of International Law, for
quite a long time. These customary rules of International Law are evolved by a
long historical process and they are recognized by International community.
Custom & usage distinguished.

Though the term custom & usage are after used to mean the same thing
there is a difference between them. Usage is a prior state in the development of
custom. When usage crystallize itself it becomes a custom. Custom began where
usages end. According to stark “usage means an International habit of action,
which has not received the full legal action . “
According to Viener“ A custom is such a usage as hath obtained force of
law.”
When usage Becomes a custom. This question is one of the fact not theory.
Stark is of the opinion that before a usage may be considered as customary
rule of International law, two tests must be satisfied. 1) material test & 2)
Psychological Test.
1) Material Test.
There must explain general be a recurrence of reputation of the acts which
give birth to the rule. Both the frequency with which they recurs and the length
of time for which they have recessed, would be relevant in ascertaining. Whether
a rule of customary law is crated.
2) Psychological Test:
It is not merely the recurrence that created a customary rule. What is

necessary is that this recurrence must be a result of a conviction that here is a
compulsory rule behind such recurrence.
This conviction or opiniojuris, is convenient is not an invariable test for

acertain that a usage or a practice has crystallized itself into custom.
The following are illustrations of customary rules crystallizing from usage or
practices.
a) Diplomatic Relations between states , state practices, declaration by
statement, bilateral treaties etc. have crystallized usage into custom in this
branch of International law.
b) Practice of International organs.
c) State laws & state military & administrative practices.

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If state laws or state practices of several states at several items cancer, such
concurrence may indicate the general recognition of a board principle of law. This
is illustrated in the case of ‘Scotia’,
Which was decided by the S.C of united State of America.
Fact: British ship ‘Scotia, Collided with ‘Berkshire’ American Ship as a result
‘Berkshire’ sank. This ship was not carrying the lights, which were required by a
series of regulations adopted by the British Government & also by the American
congress.
The question was whether the ‘Berkshire’, was required to carry the lights
according to the new regulations or whether it is enough if it satisfies the old
customary law.
The S.C of USA held that by concurrence of these sate law, a new
customary international law was evolved, and therefore, ‘Berkshire’ being
defaulter according to new customary law could not recover damages.
This case fully illustrates how concurrences of state law might crystallize a
usage into customs.
Judicial application of customs.
Very often it becomes necessary for a courts to examine whether a

particular rule has validly established itself as a custom rule of International Law.
To do this the court examines the following.
1) Treaties
2) The practices of States
3) Diplomatic correspondences
4) Decision of the states courts
5) Juristic writings.
Q1(b) Is international law a True law?

It is one of the most debatable questions in International Law
There are two district schools on this question, one International Law is no Law
Other school maintains that International Law is not a set of rules of positive
morality.
But it is as much a legal systems as any other municipal legal system.
These two schools havewidely differedbecause of the approach to the definition
of law has been different.
The first school, led by Austin and other defines law as the command of a
determinate superior authority and which is enforced by the sanction of the
physical force of such authority.

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This school does not consider international law to be law, for reasons.
1) No legislation for international Legislation , international law is not a

command of a superior determinate authority it is a limitation imposed
by the sovereign state upon itself. Therefore International law is not a
command of a superior determinate authority. It is a limitation imposed
by the sovereign state upon itself. Therefore international law is not a
law
2) There is no organized force to enforce International law .In absence of
such sanction, which would ensure obedience to international law.
3) According to this school the very essence of law is the presence of a
determinate impartial 3rd party which would interrupt and enforce the
law. For various reasons ,it is concluded that international lacks all
essential characteristics of law, and therefore it is not a true law.
UNIT II
Q. No. 2.a ) States are the only subjects of International Law. Critically examine.
Subject of International law
Various theories regarding subject of International Law,they are 3 theories

they are:-
1) Only state are subject of international law .
2) Individuals alone are the subject of international law.
3) State are main subject of international law, but individuals,
international organizations and certain non state entities are also the
subject of international law.
1) Only states are subject:-
According to this view only states are subjects of international law.
This view was criticized. It fails to explain the case of slaves and pirates who
have been conferred same rights under international law
Those who says that states are only subject of international law, say that
they are not the subjects but objects of international law.
They further points out that they get these rights only though the medium
of states.
In reparation for injuries suffered in the service of the UN.( ICJ 1949 By.
174 Rep)

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The ICJ held that the U.N has the capacity to bring an International claim
against the state for obtaining separation when an agent of the UN suffers injury
in the performance of his duties in circumstances involving the responsibility of
the state.
Therefore the court rejected the issue that states are only subject of
International Law.
It is now well settled that , besides states, individuals, International
organization & certain non state entities are also subjects of International Law.
2) Individuals alone are the subjects of International law.
Exponent of this theory was kelson, before Kelson, Westlake had also
remarked, “ the duties & the rights of states are only the duties & rights of men
who compose then. “
According to him both state law & International law apply to the individuals. If
we make analysis, we find that individual is at the root of all the laws. Thus there
is no real difference between International Law & State Law.
Kelson, says so cause state laws apply an individuals immediately or directly ,
where as International law applies ‘immediately ‘. This in fact is an extreme
view&cannot be regarded as completely correct . But individuals are now
recognized as subjects of international Law & they can even claim rights against
states.
According to kelson stands foremost .according to him the state has no
personality of their own. They are just artificial persons crated by fiction of Law .
Therefore even when it is stated that rules of International law of governs the
conduct of states the state being nothing but a collection of individuals, the rules
of International law governs only the conduct of International law .
Apart from theoretical discussion there are many instances where it can be
shown that International Law is concerned with individuals.
As always stated that slaves & pirates. It is stated that these two are the
objects of International law but not subjects
The fact that states are under the duty to put up the slaves, & must purpose
that the states exists somewhere . But where do they exist? If not in slaves who
are slaves, if not individuals?
It is true that where protection is denied the slaves have no International
forum through which their states can be enforced.
But this is more a question of procedure of International Law rather than
substantive rule of International law.
The question as to whether International Law binds individuals is no longer
theoretical significance.

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Nuremberg and Tokyo trials of the wars criminals after the 2nd world war
proved beyond doubt, the individuals can be held responsible under International
Law .
In the view of both cases , it has also, been accepted by the International
commission of the UN. The commission in its draft code on offences against peace
& security of mankind.
There are instances also where international law has inflicted direct
responsibility on the individuals. The Genocide conversion adopted by the UN
General Assembly in December 1948, clearly provides that persons committing
certain acts should be punished “ Whether they are constitutionally responsible
rulers , public officers or privateIndividual.
The following are the further instances where international law has conferred
rights on the individuals .
1) Neuremburg judgment recognized the victims of crime ,against human ity
even by the government ,and are entitled get protection of international
criminal law.
2) The genocide convention of 1948 attempts to protect the very right of
human groups to exist as groups.
3) The preamble of the charter of the UN states that one of the important
objects of the charter is to reaffirm faith in the fundamental human rights
,in the dignity and worth of human persons etc. The same object is
repeated in Art 1 Para 3 of it ,which states that ,the purpose of the
organization is to attain respect for human rights and for fundermantal
freedoms.
4) In Europe the movement for advancing human rights has gone ahead .The
European convention for the protection of human rights and fundamental
freedom
establishes an European commission of human rights with an administrative
power to investigate & report an violations of it rights. An European court has
also been established in 1959.
The court has also been established into a violation of it human rights. Lodged
by an individual against has own Government, this was held in the Law less v/s
the Government of Ireland.
The permanent court of ICJ held in Denzing courts case.

That if a particular treaty intends to Confer rights an individuals these rights
should receive recognisation at International law.
Facts of the case: In this case the dispute was between Poland and Denzing,

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That Poland would respect certain conditions of employment of Denzing

Railway officials whom Poland had taken over. It was the contention of Poland
that the agreement being an International treaty and not having been
incorporated in polish law, could not create any rights in favors of the Danzing
railway official. At best it could only be an agreement which crated rights &
liabilities between Poland & Denzing.
In this case the court held that as the parties were intended by the
agreement, to create right enforceable on private citizens the private citizens
could enforce the rights against the polish government.
Similarly, the argument that individuals cannot be parties to dispute, before
international tribunals & that they may always enforce their claims through the
states, it cannot be a general that individuals are not subjects of International law.
Inability is not always a test of nonexistence of rights and duties.
Even under Municipal law a minor may not be able to approach court by
himself, but that does to suggest that a manor is not subject of municipal law or
he has no rights or duties in Municipal law.
This rules that individuals cannot approach International Tribunals is also
not without exceptions. Example:-
1) After the 1st world war, under the Treaty of Versailles 1919 & the polish
German Conversion 1922 individual client were allowed to access to the
various mixed arbitral tribunals.
2) Under the treaty crating the European coal & steel community 1951
under the treaty establishing the European economic community 1957
& under the treaty establishing the European Atomic Energy community
1957, individuals, private enterprises & corporate entireties have been
given certain rights of direct appeal to the court of justice of the
communities against decisions of the organs of the communities.
3) The UN officials have also the rights to take proceedings before the UN
Administrative Tribunals for alleged non-observance of their contracts
of employment or terms of their appointment.
It can safely be included that the modern tendency of International Law is to

recognize increasingly the rights & duties of Individuals Non-state Entities as
subjects of International Law.
The international Law has considered its range of subjects.
The Non-state entities as subject of international law:
The international law has widened range of subject.
The non state entities are,
1) International law Institutions like the UN, ILO, WHIO, UNISEF etc
2) International Criminal Law:-

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There are several conventions which have crated international offences

&prescribed punishment for individuals who commit those offences. “ the Geneva
convention regarding the Supersession of counter fitting currency ( 1929) and the
suppression of the International Drug Traffic ( 1936) are examples .
3) Treaties concerning international Minorities& individuals.

Such treaties have crated rights in favor of the Induviduals& have made it possible
for individuals to approach international treaties. Example. Act 297 & 304 of the
treaty of Versailles (1919)
4) Non-states entities.
5) Insurgents:
Individuals who do not constitute a state are granted with certain rights in
International Law.
Q2(a) What are the essential elements of the State ? Explain the different
Kinds of state?
State are the principle subjects of international law .Though it is rather difficult to
give an exact definition of a state.
The Montevido convention of 1933 states as follows “the state as a person of
international law should process the following qualification.
a)permanent qualification.
b)defined territory.
c)a government.
d)capacity to enter into relation with other state. Some writers like Salmond
maintains that the second characteristic ,namely a definite territory is not
essential, there could be a state of nomadic people.”
According to Stark the 4th qualification namely a capacity to enter into relation
with other states is most important. According to him it is this qualification which
distinguish from one state from non-stateentities like protectorateesor members
of federation.
KINDS OF STATES:
Classification of states are done according to their international structure .
But there are special cases where the nature of state might be relevant to
determine its status in international law.
1) Confideration :

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It is the union of several independent states bound together by an international

agreement.
Confideration is not a state for the our pose of international law.
2)Federal states :
A federal state is different from a confederation ,as a federal state exercises
jurisdiction over the territory member state directly and simultaneously along
with member states .The confegrition has no such direct jurisdiction .For the
purpose of international law a confederation is a federal state which is a real
state.
3)Protected and versile states and protectorate:
A versile state is one which is completely under the shelter of another state.
Internationally its independence is restricted so much that it can be called
independent. In case of proterctoratesor a protected state arise in practice when
the state puts itself ,by treaty under protection under strong and powerful state
,so that the conduct of its most important international business and decesions
on high policy are left to the protecting states. Protectorates are not based on the
uniform pattern.
4) Condominium:
This condominium exists when 2 or more external powers exercise joint
dominium over a particular territory .Hear in condominium the essential
powers exercise seperte jurisdiction over its own respective subjects.
5) Common wealth Nations :
Common welth nations is neither a superstar nor a federation .It is just
an association of free and equal status .The commonwealth does not
exercise any jurisdiction directly over the territory of its member states.
So far as member states are concerned they are fully sovereign states in
every state. In the field of foreign affairs they enjoy unlimited autonomy
,they enter into treaties independently. The member states can be
subjects of international disputes.
6 ) Trust territories and Sovereignty:
The administering countries do not claim any title of sovereignty .Very
often the question of sovereignty does arise .There is no agreement as
to whether it resides in the UN or elce where.At the same time it must
be viewed that though the administering powers does not enjoy
sovereign rights over the trust territory yet they have wide powers and
responsibly, both regarding its financial administration and defense
matters.
Lastly the character provides that when they is a dispute between
administering powers and a member state of UN regarding trust it may
be submitted to international court of justice.

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7) Neutralized states: According to Stark a neutralized state is one

whose independence, political, territorial integrity are guaranteed
permanently by a collective agreement of great powers, subject to the
condition that a particular state , concerned will never take up arms
against another state, except to defend itself and will never enter into
treaties of alliance etc which may compromise and is impartial or lead it
into war.
Q2(b) Write short notes on
LEGAL EFFECTS OF RECONGNITION.
Various authors according to Fenwick have defined recognition as a formal

acknowledgement by the existing members of International community of the
International personality of a state or a political group not maintaining official
relations with it
The Institute of International law has defined recognition as a free act by
which one or more states acknowledge the existence of a defined territory of a
human society politically organized independent of any other existing state, and
capable of observing the obligations of International law and by which they
manifest therefore their intention to consider it a member of the International
community. These two definitions suggest the two elements of recognition.
1. It implies that the new political community possesses the requirements of
the state.
a) Permanent Populations.
b) Definite Territory.
c) Government .
d) A capacity to enter into relation with other states.
Legal effects of Recognition:
Following are the legal effects.

1. The recognized state becomes entitled to sue in the court of recognizing
state.
2. The courts of recognizing states gives effect to the past as well as present
legislation & executive acts of recognized state.
3. In regard to the property and diplomatic relations the recognized state can
claim certain immunity.

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4. The diplomatic envoys of the recognized state get a number of priviledges&

immunities in the recognizing state .
5. The recognized state or Government becomes a member of International
community & it acquires the capacity to enter into diplomatic relations & to
make treaties with other states.
Q. No. 2. B) Occupation as a mode of acquisition of territory.
International Law generally recognizes 5 modes of acquiring territorial

sovereignty by a state. There are .
1. Occupation.
2. Annexation .
3. Aeration .
4. Cession .
5. Prescription
These are the different modes of acquiring sovereignty by a state.
Occupation:-
When a particular territory is not under the authority of any other state. A
state can established its sovereignty over such territory by occupation.
Traditionally, the subject matter of occupation is terra ncellias( territory not
subject to the authority of any other state ). Where land is inhabited by
organized tribes or peoples having social or political organization cannot be.
Terra nullius. To determine whether a state has occupied a particular territory
or not the principle of effect ness is applied. The permanent court of ICJ
explained the elements of effective occupation
In the Eastern Greenland case (1933 )
This case arose an account of deputes between Norway & Denmark over
the title to eastern green land.
In this case the permanent court of ICJ held that the occupation to be
effective must consists of two elements.
1. Intention to act as sovereign &
2. Adequate exercise or delay of sovereignty by such state.
This principle is that mere act of discovery by one state is not enough to
confer a title by occupation is well established by the award of Max Huber in
the Islands of Palmas Arbitration ( 1928 ) Spain had originally discovered the
island of Palmas. The united States of America claimed a title to these Islands
as a successor to Spain.

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Netherlands on the other hand claimed that for a very long period it had
acted as sovereign over the Islands. The Arbitrator being convinced by the
evidence adduced by Netherlands. Hold that the long continuous exercise of
the effective authority by Netherlands conferred on it the title to the Islands
and the mere act of discovery by Spain conferred on her no title. Extent of the
territory covered by occupation. There have been two territories regarding the
extent of territory that is covered by the act of occupation.
a) The theory of continuity &
b) The theory of contiguity
a) Territory of continuity .
According to this theory the sovereignty of an occupying state extends to
such area as is necessary for the security of natural development of the
area of occupation.
b) According to this theory the sovereignty of the occupying state extends to
those neighboring territories which are geographically pertinent to the
area of occupation.
UNIT III
Q.NO.3.(a) What is territorial jurisdiction of the state? Who are exempted from
territorial jurisdiction and to what extent?
State territory defined as a portion of globe subjected to the

sovereignty of the state. A state without territory is not possible
although very small i.e. Vatican city.
Importance of state territory is that it is a space within which the state
ensures its supreme and normally exclusive authority.
State territory is an object of international territory because law
recognizes the supreme authority of which the authority must be
exercised in accordance with international law.
The territory of a state comprises not only of its land, but also its
territorial seas According to art 8(i) of the UN convention on the law
of the sea 1982.Beyond inland waters the sovereignty of a costal state
extends to maritime bet of territorial waters. Besides territorial waters
the coastal state also exercises sovereign rights for certain limited
purpose over continental shelf exclusive economic zone and
contiguous zone. Rivers which run through several states are called as
non –natural rivers. Such rivers are owned by more then a state.
Each river owns that part of the river which runs through its territory.

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Rivers which are navigable from the open sea & pass through several
states between their sources & months are called as International
rivers. The civilization of such waters, Oppenham points out that “ It is
not within the powers of one of the riparian states for it is a rule of
International law that no state is allowed to after the natural
conditions of its own territory to the disadvantage of natural
conditions of the territory of neighboring state.
The state is not only forbidden to stop or divert the flow of the rivers
which run from its own to a neighboring state to make use of the
water of the river dangerous to the neighboring state.
Brownline states that for the most part the legal regime of rivers
crating sights for other repairism & no repairism states & limiting the
exercise of territorial jurisdiction of individual riparian’s depends upon
the treaty. Particularization of the regime for various rivers system,
would seems to be inevitable hence each system has its own character
& technical problems. Reference may also be made here to Indus
water agreement signed on 19th Sep 1960.By India, Pakistan &
International Bank for Reconstruction and development for regulating
the use of water of Indus, Chenab & Jhelum rivers. Further it was
confirmed that the absence of treaty or an agreement there can be no
definite obligation of a riparian states in respect of the use of water of
a river. Reference may also be made Art -3 of the character of
economic rights & duties which provides. In the explanation natural
resources shared by 2 or more countries , each state must co-operate
on the basis of the system of information and prior consultation in
order to achieve optimum use of such resources’ without causing
damage to the legitimate interest of others. There was a disagreement
about the contents and scope of Art 3. Provision contained in Act 3 are
not binding for a necessary of seasons.
1. The charter of Eco rights and duties was adopted by the general
assembly on 12th Dec 1974 through resolutions 3281 ( XXIX ), itself
is not binding.
2. There is disagreement in respect to content meaning & scope of Act
3.
3. The provision of Act 3 were not adopted unanimously
This is discussed under the two headings

1. Territory & sovereignty
2. Parts of state territories
Territory & sovereignty

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International Law generally recognizes 5 modes of acquiring

territorial sovereignty by a state .they are
1. Occupation
2. Annexation
3. Accretion
4. Cession
5. Prescription
These are the different modes of acquire sovereignty by a state.
Occupation:-
When a particular territory is not under the authority of any other state.
A state can established its sovereignty over such territory by occupation/
Traditionally, the subject matter of occupation is terra nullius ( territory
not subject to the authority of any other states )Where land is inhabited by
organized tribes or peoples having social or political organization cannot be terra
nullius To determine whether a state has occupied a particular territory or not the
principle of erectness is applied. The permanent court of ICJ explained the
elements of effective occupation in the Eastern Greenland case ( 1993)
This case arose an account of dispute between Norway & Denmark over the
title to eastern Green land. In this case the permanent court of ICJ held that the
occupation to be effective must consist of two element.
1) Intention to act as sovereign &
2) Adequate exercise or delay of sovereignty by such state.
This principle is that mere act of discovery by one state is not enough to
confer a title by occupation is well established by the award of Max Huber in
the Islands of Palmas Arbitration ( 1928 ) Spain had originally discovered the
island of Palmas. The united States of America claimed a title to these Islands
as a successor to Spain.
Netherlands on the other hand claimed that for a very long period it had
acted as sovereign over the Islands. The Arbitrator being convinced by the
evidence adduced by Netherlands. Hold that the long continuous exercise of
the effective authority by Netherlands conferred on it the title to the Islands
and the mere act of discovery by Spain conferred in his no title. Extent of the
territory covered by occupation. There have been two territories regarding the
extent of territory that is covered by the act of occupation.
c) The theory of continuity &
d) The theory of contiguity
c) Territory of continuity
According to this theory the sovereignty of a occupying state extends to
such area as is necessary for the security of natural development of the
area of occupation.

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d) According to this theory the sovereignty of the occupying state extends to

those neighboring territories which are geographically pertinent to the
area of occupation.
ANNEXATION
A state might acquire territorial sovereignty over a territory by annexing in the
following circumstances.
1. Where a territory annexed has been conquered or subjugated by the
annexed state is was sought to be done by Iraq.
2. Where the territory annexed is in a position of virtual subordination to the
annexing state, even before the intention to annex is declared.
If a territory is conquered during war course , the procession of the power
is only de facto and provisional. It becomes de jure one when there is a
formal declaration of annexation to all other interested powers.
Accretion
Where a new territory is additionally through natural causes to territory
already under the sovereignty of a state acquisition by ascertain takes place.
In such cases no formal ascertain of title is necessary.
Cession
When a state transfers its territory to another state, acquisition by cession
takes place in favor of such latter state.
The cession of territory may be voluntary or may be under compulsion as a
result of war.
The act of cession may be even in the nature of gift, sale, exchange or lease.
To constitute a valid cession in International law any act which indicates an
intention to transfer sovereignty is sufficient. A cession once made is irrevocable
& a state cannot derogate firm its own grant.
Prescription :
When a state in exercise of continued sovereignty in a peaceable manner,
for a long period over the territory of anther state then the former state acquires
title by prescription.
Q.3(a) What is State succession ? Explain the rights and duties arising out of
State Succession.
One thing among state succession there is no unanimity amongst the

writers an International Law .some writers consider that when one or more
International persons, take the place of another international persons and that
this can be considered state succession.

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But Stark and other writers consider that the term state succession is a
misnomer. It presupposes that the analogies of private Law are applicable in case
of state also.
According to stark there is no general rule or principle of state succession. A
new state which comes in place of an old state could hardly be a successor to or
the legal representative of the old state.
Such total substitution of one state by another state never takes place in
International Law.
Some common rules regarding succession cab be laid down as follows.
1) Universal Succession
This takes place when one International Law person is completely absorbed
By another either through subjugation or through voluntary merger.
Similarly, universal succession height also take place when a state breaks up
into pacts & each separate poet becomes on international person.
2) Partial succession
Firstly, when a pact of the territory of a state breaks off from the state &
It in itself becomes an independent state.
Secondly , partial succession might also take place when one international
person acquires a part of territory of another through cession.
Thirdly, partial succession might also take place when a fully sovereign state
loses its independence by entering into a federal state or coming into a
protectorate or when a non-sovereign state becomes full sovereign.
Passing of Rights and obligations upon external changes of sovereignty over

territory.
They are classified into various heads they are,

1) Succession to treaty rights & obligations.
2) Succession to non-fiscal contractual rights & Obligations.
3) Succession & concessionary contracts.
4) Succession & public debts
5) Succession & private or municipal law rights.
6) Succession & claim in torts.
7) Succession & public funds to property
8) Succession & nationality
9) Succession & customary rights relating to territory
1.Succession to treaty rights to obligations

There is no general principle of international law that all treaty rights &
obligations pass on to a new state which the change in sovereignty were the

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territory. The rules of succession differs depending on whether the old state
becomes extinguished or remains un-extinguished.
2. Succession to non- fiscal contractual rights & obligations.
The question of succession to rights &obligations arising act of non- fiscal
contract is not well settled &it is highly controversial. some broad rules may be
stated whether the rights pass on or not may depend on the nature of contractual
rights or obligation
a) Rights to un-liquidated damages
b) Vested or acquired rights.
a) A contractual right giving rise to unliquidated damages will not pass on,
And therefore it also cannot be enforced against the successor state. But if some
benefit is derived & if the right to be enforced is in the nature of a quasi
–contractual right, the right & obligation survive & pass on to the successor state.
b) Vested or acquired rights.

A contractual right in the nature of a vested or acquired rights provided it is
liquidated [defined rights, or limited ] example: agreements, treaties will bind
a successor state. But if the right is of an executory in nature it will not pass
on. Earlier it was considered that no contractual rights or obligations would
pass on to the successor state.
But doctrine of vested or acquired rights have considerably altered the old
notion regarding succession to non-fiscal contractual rights & obligations.
3.Succession and concessionary contracts.
If the existing state has granted certain concessions like the right to operate
oil mines etc. Under a contract the question would be as to whether the
obligation under such contracts would be terminated or whether it would bind
the successor state.
4.succession and public debts.
The opinion over this is not settled but certain rules can be formulated.
a) If the successor state has benefited from the loan by taking over the
territory in question it should be responsible for the public debts which
were incurred by the old state.
b) If the particular territory in question has benefited from the loan.It is
natural that the successor state which takes over the territory must be
responsible for the public debt, as one has to take the burden with the
benefit .
c) If the contract of loan secures a debt on the revenues from the state, the
successor state is not liable beyond the taxable capacity.

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d) If the debt has be incurred for a purpose hostile to the successor state or
for the benefit of other state then there is no obligation in International
Law which binds the successor state to pay it.
e) When the territory of the predecessor state is divided amongst several
states, the question of passing of the public debts might prevent some
difficulties.
5.Succession and private or municipal law rights:
The general rule here is that the vested or acquired rights must be
respected by the successor state. But it is possible that the successor but it is
possible that the successor state can alter the former municipal law and thus
displace existing rights. This alteration is well within the power of the succeeding
state unless their by it commits the breach of some other obligations under
International Law Example: it cannot commit a breach of international law by
confiscating the property of the foreigners without compensation.
6.Succession and claims in Torts.

There is no general rule of International Law that successor states are
bound by the liability arising out of the tort of the tort of the predecessor state.
No claim of unliquidated damages in tort can be brought against the successor
state. But if the claim has been liquidated by agreement or through adjudication,
the successor state is bond to pay liquidated damages.
7.Successor and public funds & public property .
It is a settled principle of International Law that the successor states takes

over the public funds & the public property of a predecessor state.
8.Succession& Nationality.
The Prima facie rule is that persons living or domiciled in the territory
which changes sovereigns, acquire the nationality of the successor state.
9.Successon state Customary rights relating to territory.
A customary right relating to territory which is established in favor of one

state against the predecessors state must be respected by the successor state in
where the particular territory subject to the right becomes vested.
In the right of passage over Indian Territory case ( 1960 )

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In this case the question was whether Portugal was entitled to certain right
of passage over Indian territory which had first become established by the custom
during British rule over India.
This case is not an authority to the preposition that customary rights
pertaining to the territories can be enforced against a successor state become in
that particular case. The right had continued even after some time after India
succeeded to Grate Britain.
Therefore it become question of customs between India & Portugal. It was
held that, the right was subject to regulation & control by India & under the
circumstances in question passage may be refuted Portugal.
Q3(b) Freedom of High Seas
The concept of the open sea signifies the following.
1. The open sea is not, & never can be, under the sovereignty of any state
what so ever.
2. No state has a rule, right to exercise its legislation, administration
jurisdiction or police power over parts of the open sea.
3. No state has the right to acquire parts of the open sea through occupation.
4. There is absolute freedom of navigation on the high seas for vessels of all
nations whether merchant non or was ships
5. No state may exercise jurisdiction over ship within the open sea not bearing
its flag.
6. A state may exercise jurisdiction over a ship sailing under its flag.
7. There is absolute freedom of flight above the open sea for all aircrafts.
8. Every state & its citizens are allowed to use for laying down submarine
cutter & oil pipe lines.
Limitations
1. All vessels, public or private on high seas are subjects to the jurisdiction &
entitled to the protection of the state under whose mari-time flag they sail.
2. Right of ‘Hot pursuit’, When a foreign vessel infringes the law and
regulation of a coastal State while in the territorial water of such state, such
states may persue & arrest the foreign ship even in high seas. This right is
known as the right of pursuit.
3. When there is a greave suspicion that a foreign vessel is a sense of
imminent danger to the sovereignty or security of the state, in the interest
of its protection , the costal state may exercise jurisdiction over foreign
ships even when they are in open seas.

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4. Certain International convention might cater rights on the state to exercise

jurisdiction on high sea.
5. During the time of wars a belligerent state has a general right to search
ships of neutral countries to prevent the carriage of countra band.
6. All states are under the obligation, both according to customary rule of
International law and International convention like the Brussel convention
of 1910 to observe certain rules relating to the safety of navigation.
In Nov 1969 two conventions were adopted Buccsselie

1. International convention relating to Intervention in high seas in case of oil
pollution casualties &
2. International convention on civil liabilities for oil pollution damages.
First convention enables the state which are parties to the convention to take
defensive measures against pollution or threat of pollution only following upon
maritime casualties or acts relating to such casualty.
Second convention imposes principle of absolute liability on the tankers owner

unless he can prove that the damage resulted from war, was caused by an act
or an omission with intent to cause damage by a 3rd party or
Was wholly caused by the neglect or wrongful act of a government or
authority responsible for maintaining lights or providing navigational aids.
Q3(b) State responsibility:
State which are the members of international community.

According to stark ,the rules of international laws as to state responsibility
concerns the circumstances in which ,and the principle whereby ,the injured
state become entitled to redress for the damaged suffered.
The law relating to states responsibility is in developing state and probably
it may be developed to a stage where in state may be held responsible for the
violation of international law and international crimes. The responsibility
during the wars have been generally accepted in Art 5 of the Huge
convention. It provides if a belligerent state violates the rule of war ,it shall be
responsible for all acts committed by persons forming part of its armed forces.
The UN international law commission has started a few years back the
efforts to custody the rules governing state responsibility as a general and
independent topic.
The international law commission on its first reading provisionally adopted
draft and articles on state responsibility.
Original and Vicarious Responsibility:

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Original responsibility of the state are for works of the government and
vicarious responsibilities are for the citizens ,and the working done by its
agents.
The responsibility of the state for acts other than their own is a vicarious
responsibility. Since the law of the nations is primarily though not exclusively a
law between states only, it must make every state in since responsible for
certain internationally injurious act ,committed by its officials, subjects and
such aliens as are temporarily residents of its territory.
State responsibility in allied fields:
1)International delinquency.
2)State responsibility for the act of aliens.
3)State responsibility for the act of insurgents.
4)State responsibility for the act of governmental organs.
5)State responsibility for contract with foreigners.
6)Responsibility for the breach of treaty or contractual obligation.
7)State responsibility in respect of expropriation of foreign property.
8) State liability for the act for the act of multinational corporations.
UNIT IV
Q4(a) What is Asylum ? Explain the different kinds of Asylum recognized

Under International Law.
Asylum
As already pointed out asylum is interconnected with extradition. Where

Asylum stops extradition begans. Asylum is the right of every state to refuse to
extradite in certain circumstances. It also involve the element of shelters and
active protection on the part of the authorities in control of the territory of
asylum.
Asylum is of two kinds.
1) Territorial and
2) Extraterritorial.
Territorial Asylum.

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Territorial asylum is the one granted by a state in its territory. The power to
grant a territorial asylum is an incident of territorial sovereignty. This power of a
state is of ancient origin.
It should however be noted that the power to grant territorial asylum is the
right of the state granting it. It is some times said that the person seeking asylum
has a right of asylum. But this is not correct.
Though some constitutions and the universal declaration of Human Rights
of 1948 mention the right of asylum, but there is no such right recognized by
International Law. This power of a state to great asylum may be restricted by the
treaties it has entered into with other states as extradition treaties.
Extra – Territorial Asylum.
Extra –territorial Asylum is the one granted for, and in respect of, legislation
consult premises, international headquarters, warships and merchant vessels to
refuges of can the authorities of the territorial state. The granting of extra
territorial asylum, being in the nature of a derogation form the sovereignty of the
territorial state is given under some exceptional circumstances.
The following are the extra territorial asylum .

1) Asylum in legations
2) Asylum in consulates
3) Asylum in the premises of International Institutions.
4) Asylum in warships
5) Asylum in merchant vessels.
1.Asylum in legations.
There is no general right to grant asylum in the premises of the legation.

The ICJ in Asylum case 1950 re-affirmed that there is no general right of
diplomatic asylum. In certain exceptional cases such diplomatic asylum may be
granted.
1. Where there is a mob disorder of mob rule & when a life of an individual is
in extreme damages, asylum in legation may be granted as a temporary
message.
2. When there is a special treaty between a territorial state & the state of
ligation such asylum may be granted.
3. When there is a local binding custom authorities such asylum, it may be
granted.
2. Asylum consulate:

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The law in this case is the same as that in the case of legations.
3.Asylum in the premises of International institutions.
There is no general right to grant asylum in the premises of International

Institutions.
4.Asylum in warship:
Asylum may be granted on the grand of humanity in case of extreme

damages to individual seeking it.
5.Asylum in merchant vessel.
There is no such right to grant in asylum in merchant vessels.
Q4(a) Discuss the various steps of conclusion of treating .
A treaty is an agreement of contractual character between states or between

states and international organization ,creating legal rights and obligation.
The various steps towards concluding treaty .
Stark enumerates the following steps in conclusion of the treaty
1) Accrediting of representatives .
2) Negotiations .
3) Signature.
4) Ratification.
5) Accession and Adhesion.
6) Coming into force of treaty.
7) Application and enforcement.
1)Accrediting of representatives :
Each of the state participating in the treaty making process appoints a
representative for this purpose. The power of these representatives is
empowered to participate in the negotiation to conclude and sighn the treaty
,such powers are known as full powers.
In negotiation to bilateral treaty ,each representative exhibits his full powers to
the other.
2)Negotiations:
In the case of bilateral treaty ,negotiations are conducted through pourparlers. In
case of multilateral treaties negotiations will be conducted through diplomatic

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conferences. The accredited representatives will keep himself in touch with his
government during the progress of negotiations. The negotiations continue till
such time as an agreement is arrived at regarding the text of the treaty.
3)Signature:
After the compleation of negotiation a final draft of the treaty is drawn up and
the instrument is ready for signature. The signature is affixed at a formal closing
session .The effect of the signature in treaty ,is essential for making the treaty
legal and binding
4)Ratification:
When the treaty expressively provides that signature of representatives are
not sufficient and the treaty of the convention should be confirmed by the
states ,a treaty will not have a legal effect or sanction unless it is confirmed or
ratified by proper authority under the constitution of the country.
5)Accession and Adhesion:
A third state can become a party to the existing treaty by means of
accession.
When a state desires to adopt certain parts of the treaty only then it is
called adhesion.
6) Coming into force of treaties: When ratification is not stipulated in a treaty
it comes into force immediately after signature .When ratification is
necessary a bilateral treaty comes into existence.
7) Registration and publication:
In traditional international law registration was un known. But states would
enter into secret treaties quite often .To do away with this ,Art 102 of the
charter of the UN, states that all treaties and international agreements
entered by a member states shall as soon as possible be registered, with
the secretariat of the UN.
8) Application and enforcement:
The final stage of the treaty is its actual incorporation in the municipal laws
of the contracting states where such incorporation is necessary.
9) State very often ,wishes to conclude a treaty ,stipulating thet certain
provision of the treaty might not bind them or that certain parts of the
treaty might be modified.
This can be done either by express provision in the treaty itself or by a
reservation made and accepted by other parties to the treaty.
Q4(b) Write short note on:
Double Nationality.

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It is consequently possible that certain individuals posses double nationality.

Example: when a women belonging to one state marries a man belonging to
another sate the problem of double nationality might arise.
The state to which she belongs before marriage may not recognize the change of
nationality by marriage. While the law of the state to which the husband belongs
may recognize that she has acquired the nationality of her husband. In such cases
she retains both the nationalities.
The Huge convention of 1930 on the conflict of nationality laws, attempted
to minimize the difficulties arising out of double nationality.
Art 5 of the convention provided that in the 3rd state, a person of more than
one nationality is to be treated as if he had one Nationality.
The basis for treating him as having one nationality may be any one of the
following.
a) The nationality of the country in which he is habitually resident.

b) The nationality of the country with which he appears to be most closely
connected.
The same convention treated to minimize the difficulties arising out of the
Double Nationality of married women, by providing that they could retain the
nationality before their marriage under some circumstances.
The UN is making a more for the adoption of a convention on the
nationality of married women, so that the difficulties arising out of the double
nationality of the married women may be further minimized.
Q4(b) Statelessness:
Statelessness is the opposite of double nationality .It may so happen that either
by denationalization or on account of lack of uniformity of nationality of laws a
person may find himself without nationality .
This condition of statelessness exposes an individual to great hardship and lack of

security, realizing this the universal declaration of Human rights ,Which was
adopted by the UN in the 1948 provided that, everyone has a right to nationality
,and that no person shall be deprived of his nationality.
This condition of statelessness can be reminded in the following ways.
1)By imposing duties upon states to regard a certain nationality as require.

2)By imposing a duty on states to refrain from unjust denationalization measures.
3)By removing restrictions on traveling and admission on stateless persons.

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UNIT V
Q5(a) Explain the constitution, powers and functions of General Assembly.
Introduction:
Due to the utter failure of the League of Nations to establish peace in the world
the second world ware compelled the nations of the world to endeavor to
establish an international organization so that mutual disputes could be resolved
peacefully. This requirement was fulfilled on October 24th 1945 after 51 nations
signed and ratified the United Nations Organization.
Principal organs of the United Nations:

The following are the principal organs of the United Nations.
● The General Assembly

● The Security Council
● The Economic and social council
● The trusteeship Council
● The international court of Justice and
● The secretariat.
Composition: The general Assembly is one of the principal organs of the United
Nations. The General Assembly consists of all members of the United nations.
Each member may have not more than five representatives in the General
Assembly. At present the General Assembly comprises of 198 members.
Voting Rights:- Each member of the General Assembly is entitled to give one vote.
Decisions on important or substantial matters are taken by the majority of two
third members present and voting. Important and substantial questions include
maintenance of international peace and security, election of Economic and Social
Council, election of members of Trusteeship Council, admission of new States to
the United Nations and suspension and expulsion of the members of the United
Nations. As regard to other matters the decisions of the General Assembly are
made by the majority of the members present and voting.
Functions & Powers:- According to Article 7 of the United nations charter the
general Assembly is one of the principal organs of the United Nations. Professor
Leonard has classified the powers and functions of the General Assembly under

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the five heading – (i) Deliberative functions (ii) Supervisory functions (iii) financial
functions (iv)Elective functions (v)constituent functions.
(i) Deliberative Functions – By deliberative functions we mean the

functions of the General Assembly regarding discussions, studies and the
General Assembly may discuss any question or any matter within the
scope of the present charter or relating to the powers and functions of
any organs provided for in the present Charter ( Article 10 ). There is ,
however of exception to this article 12 provides that while the Security
Council is exercising in respect of any dispute or situation, functions
assign to it in the present charter, the General Assembly shall not make
any recommendation with respect to the prestige of situation unless the
Security Council so request.
(ii) The General Assembly may consider general principles of co-operation
in the maintenance of international peace and security including the
principles governing disarmament and regulations of armaments, and
may make recommendations with regard to such principles to the
members or to the Security Council o0r to both. ( Article 11.1.)
(iii) The General Assembly may call the attention of the Security Council to
situation which are likely to endanger international peace and security. (
Article 11.3 )
(iv) The general Assembly has also been entrusted upon important
responsibilities under Article 13 which provides that “ the General
Assembly shall initiate studies, and make recommendations for the
purpose of – (a ) promoting international co-operation in the political
field and encouraging the progressive development of international law
and its codification: (b) promoting international co-operation in the
economic, social, cultural, education and health fields and assist in the
realization of Human Rights and fundamental freedoms for all without
distinction as to race, sex, language or religion”.
Supervisory Functions- By supervisory functions we mean those functions

through which the General Assembly supervises the functions of other principal
organs and specialized agencies of the United Nations. The General Assembly
particularly exercise sufficient control over the two principal organs of the United
Nations, namely, the Economic and social Council and Trusteeship Council. The
Economic and Social Council in fact, work as a subordinate organ of the General
Assembly. Similarly, excepting the strategic areas which are under the direct

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supervision and control of the Security Council, the Trusteeship Council also acts
like the subordinate organ of the General Assembly. The General Assembly
exercises control over those and performs many supervisory functions in this
connection.
The annual session of the General Assembly begins with the discussion and
consideration over the report of the Secretary-General on the work of the
organization.
Financial Functions:- The General Assembly also performs important financial

functions. It considers and approves the budget of the United Nations. Article 17
provides that the General Assembly shall consider and approve the budget of the
organization. Article 17 further provides that the expenses of the organization
shall be borne by the members as appointed by the General Assembly. Further,
the General Assembly shall consider, and the General Assembly also takes part in
the appointment of the Secretary-General. In this connection, Article 27 provides
that the Secretary-General shall be appointed by the General Assembly upon
recommendation of the Security Council.
Constituent Functions:- The General Assembly performs important constituent

functions also. It takes part in the amendment of the Charter. Article 108 clearly
provides that amendments to the present Charter shall come into force for all
members of the United Nations when they have been adopted by a vote of
two-thirds of the members of the General Assembly and ratified in accordance
with their respective constitutional process by two-thirds of the members of the
United Nations including all the permanent members of the Security Council.
Q5(a) Discuss the main features of World Trade Organization.
Establishment of World Trade Organization :-
As a result of the culmination of Uruguay Round of GATT Negotiations for more

than seven years at Marrakesh ( Morocco ) on April 15, 1994. The new World
Trade Organization ( WTO ) which came into effect on January 1, 1995, replaced
the GATT. The world treaty signed by 125 countries including India was estimated
to add an annual $ 235 billion to the world economic income within a decade.
W.T.O is in fact the main organ for implementation of Multilateral Trade

Agreements. It is the negotiating forum for the members. It can be regarded as
the third economic pillar of World Wide Trade and Commerce dimensions along
with the International Monetary Fund ( IMF ) and International bank for

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Reconstruction and Development (the World Bank ) W.T.O. headquarters are

located at Geneva ( Switzerland ).
Membership:- There are two types of members.-(i) original; and (ii) other
members. The original members comprise:
(a) The members of the GATT as on the date of entry into force of the
agreement; and
(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 for which also Schedules
of specific Commitments are annexed to the General Agreement on Trade
in Services.
Besides the original members, other states may accede to this Agreement
and the Multilateral Trade Agreements annexed thereto. The decision on
accession is taken by the Ministerial Conference by a two-thirds majority of
the members. The W.T.O. is tending to become universal organization.
As on August 19, 2005, there were 148 members of the organization. Since
Then two more countries joined WTO and thus by 18th December, 2005, WTO
comprised 150 members.
Withdrawal from Membership: - Any member may withdraw from this

agreement by giving a written notice to the Director-General of the W.T.O. The
withdrawal takes effect after the expiry of six months.
Structure- the W.T.O. consists of following bodies:-
(1) The Ministerial conference: - It is highest body comprising of the

Representatives of all members. It is the executive of the W.T.O. and carries out
functions of W.T.O. it meets at least once every two years.
(2) The General Council:- It is also comprised of the representative of all

members. It meets between the meetings of Ministerial Conference and
carries out the functions of the W.T.O.
(3) The Dispute Settlement Body
(4) Trade Policy Review Body
(5) The Committee on Trade and Developments, the Committee on Balance

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Of Payment Restrictions and Committee in Budget and Administration.
(6) Bodies provided under the Plurilateral Trade Agreements
(7) The Secretariat.- The Secretariat is headed by a Director-General

appointed by the Ministerial Conference. On May 13, 2005, Pascal Lamy
was elected the Director General. He took over from Supachaipanit
Chipakdi on September 1,2005.
Functions of W.T.O. – According to article III of the Agreement following are

Functions of the W.T.O.
(i) To facilitate the implementation operation, administration and the

promotion of the agreement (i.e. of 1994 ) and the Multilateral Trade
Agreements and also of the Plurilateral Trade Agreements;
(ii) To provide the forum for negotiations among its members in respect
of multitrade relations, regarding their matters under the
agreements of GATT and also to provide a forum for further
negotiations among its members regarding their multilateral trade
relations and a framework for implementation of the result of such
negotiations;
(iii) To administer the rules and procedures governing the settlement of

disputes;
(iv) To administer the Trade Policy Review Mechanism (TPRM);
(v) To cooperate with International Monetary Fund (IMF) 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.

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Q.5(b) Write short note on:
Compulsory Jurisdiction of the International Court of Justice.
The International Court of Justice at the Hague, is a very important organ of

the United Nations. It has succeeded the permanent Court of International Justice
crated under the covenant of the League of Nations. This is the principal judicial
organ of the United Nations. The rules concerning the constitution, jurisdiction
and procedure of the Court are set out in a Statue annexed to the charter. All
Members of the United Nations are ipso facto parties to the Statute, but even
nonmembers States may become parties to it on conditions to be laid down in
each case by the United nations General Assembly upon the recommendation
made by the Security Council.
The Competence and jurisdiction of the Court.
Only States may be parties in cases before the Court. The jurisdiction of the
Court can be divided into two categories:
(i) To decide contentious cases; and

(ii) To give advisory opinion.
Contentious Jurisdiction.
The contentious jurisdiction of the Court comprises the following kinds of

cases:
(a) All cases which the parties refer to it.
(b) All matters specially provided for in the Charter of the United Nations.
(c) All matters specially provided for in the treaties and conventions in
force.
It should be noted that the basis of the contentious jurisdiction of the
International Court of Justice is that States give their consent either specifically in
a case or, generally under the Charter or under a treaty or convention.
Q5(b) Security council
The Security council is a continuously functioning body, consisting of 15

Member-States. China, France, Russia, Great Britain and United States are the five
permanent Members of the Security Council. The non-permanent Members are
elected for two years by the General Assembly. According to Article 23 of the

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‘Charter’, these non-permanent Members are to be elected by the General

Assembly paying due ‘regard’ to the following:
(a) The contribution of Members of the United Nations to the maintenance

Of international peace and security and to the other purposes.
(b) To equitable geographical distribution.
A retiring Member is not eligible for immediate re-election. Each Member
Of the Security Council has one representative. The Member States of the United
Nations who are not Members of the Security Council may participate without
vote in the discussions of the Security Council under the following circumstances:
(a) If the Council considers that the interests of that Member are specially
Affected by any question being discussed by the Security Council.
(b) If any Member State is a party to a dispute being considered by the
Security Council, such Member may be invited to participate.

International Law

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Public International Law (Karnataka State Law University)

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PUBLIC INTERNATIONAL LAW

MODEL ANSWER PAPER ACCORDING TO KSLU PATTERN

Q.No. 1. ( a ) Briefly explain the origin and development of International Law.

ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.

History and development of International Law for the purposes of the

1) Preventive & Ancient Period:-

In the earlier stages of human history, they were some traces of

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Interwoven with religions morality, used form of International Law

As in Greece , so in Rome also meager rule International Law was

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Therefore in the middle age the absence of international