PUBLIC  INTERNATIONAL LAW

                            
                                             Guess Paper
                                                 Unit - 1
                   Question:-   i) Discuss the nature and basis of International
Law which source has         contributed to the development of
International Law?    OR
      ii) Whether the International Law is law in the proper sense of
the term. Give reasons for your answer.     OR
      iii) International Law is the vanishing point of jurisprudences.
Explain.
       iv) Discuss the weaknesses of International Law.  Or
            International Law is a weak Law.  
       v) International Law and Municipal Laws are same or not.
Explain.
                                                   Unit-II
Question :-2.(i)  What do you understand by recognition of a
state? What are the theories of recognition?  What are the legal
effects of recognition and consequences of non-recognition of a
state? Discuss.
                    (ii) What is the difference between de facto and de jure
recognition.
                   (iii) Discuss the conditional recognition.
                   (iv) What is meant by Intervention? Under what
circumstances intervention by one state in the affairs of another
state considered justified?
                                                                 Unit-III
Question:-3 (i) What are the categories of diplomatic agents ?
What immunities do diplomat enjoy and how the immunities are
lost?
                   (ii) Define Treaty. What do you understand by ratification
of a Treaty? Explain?                (iii) Define Extradition? Explain
the essential conditions for extradition? For which crime
extradition cannot be claimed.  Discussed
                  (iv) Define Asylum, its essentials and types of asylum.
What are the differences between extra territorial asylum and
territorial asylum?
                                                                 Unit- IV
Question :-4 (i)  (v) Critically examine the various amicable and
force-able means of settlement of International disputes
between the states.
                    (ii) Define war. What are the legal characteristics and
effects of a War?
                   (iii) Discuss the rights and duties of neutral state and
belligerent states.
                 (iv) Define Prize Court.  
                 (v) Distinguish between Neutrality and Neutralization.
                 (vi) Discuss Blockade and right of Angry.
Write short note on the followings:-
1.   What do you mean by ex acquo ET bonod.
2.   What is ‘double veto’.
3.   Write about ‘jus cogens ‘.
4.   Difference between Retorsion and Reprisal.
5.   What do you mean by Blockade?
6.   What is meant by contraband?
7.   Explain the doctrine of Pacta sunt servanda.
8.   What is drago Doctrine?
9.   Explain Political crime in respect of extradition.
10.        Discuss Monroe Doctrine.
11.        Write a short note on Hijacking.

Discuss the sources of International Law Explain them.

Introduction:-The term sources refer to methods or procedure by
which international law is created. A distinction is made between the
formal sources and material sources of law. The formal, legal and
direct sources consist of the acts or thing which gives that the content
its binding character as law. The material sources provide evidence of
the existence. The sources of international law may be classified into
five categories:- 1.International Conventions: - In the modern
period international treaties are the most important source of
international law. This is because the reason that states have found in
this sources. Article 2 of the Vienna Convention on the law of
treaties 1969, a treaty is agreements whereby two or more states
establish or seek to establish relationship between them govern by
international law. Prof. Schwarzenbergr, “Treaties are agreements
between subjects of international law creating a binding obligation in
international law.” International treaties may be of the two types:
- a) Law making treaties:- these are the direct source of international
law and the development of these treaties was changing of the
circumstances. Law making treaties perform the same functions in the
international field as legislation does in the state field. b) Treaty
contracts:-As compared to law making treaties treaty contracts are
entered into by two or more States. This may happen when a similar
rule is incorporated in a number of treaty contracts.
2.International Customs:-International customs have been regarded
as one of the prominent sources of international law for a long time.
However even today it is regarded as one of the important sources of
international law. Usage is an international habit which has yet not
received the force of law.  STRAKE Says, “Usage represents the
twilight stage of custom, custom begins where usage ends. Usage is
an international habit of action that has yet not received full legal
attestation.” A custom in the intendment of law is such usage as that
obtained the Force of law i.e.:- It is not necessary that the usage
should always precede a custom. ii) In certain cases usage gives rise
to international customary law. iii) When a usage is combined with a
rule of customary law exists. iv) It is an important matter to see as to
how international custom will be applied in international law. Refer a
case of West Rand Central Gold Mining Compy.v/s R-1905, court
held that for a valid international customs it is necessary that it should
be roved by satisfactory evidence that the custom is of such nature
which may receive general consent of the States and no civilized state
shall oppose it. Porugal v/s India-1960, ICJ pointed out that when in
regard to any matter or practice, two states follow it repeatedly for a
long time, it becomes a binding customary rule. Still other resolutions
amount to an interpretation of the rules and principles which he
charter already contains and which are in binding upon States.
3. General Principles of Law recognised by civilized States:
- Art.38 of ICJ provides that the Statute of International Court of
Justice lists general principles of law recognised by civilised States as
the third source of international law. In the modern period it has
become an important source. This source helps international law o
adapt itself in accordance with the changing time and circumstances.
On the basis of this view the general principle of law recognised by
civilized States have emerged as a result of transformation of broad
universal principles of law applicable to all the mankind. Following
are some important cases relating to the general principles of law
recognised by civilized States:-1.R. v/s Keyn-1876, that I. Law is
based on justice, equality and conscience which have been accepted
by practice of States. 2. U.S v/s Schooner-held that I. Law should be
based on general principles.
4. Decisions of Judicial or Arbitral Tribunals and Juristic
Works:- i) International judicial Decisions:-In the modern period
international court of justice is the main international judicial tribunal.
It was established as a successor of the permanent court of I.
justice. Art.59 of the statute of ICJ makes it clear that the decisions
of the court will have no binding force except between the parties and
in respect of that particular case. While in principle it does not follow
the doctrine of precedent. Thus judicial decisions unlike customs and
treaties are not direct sources of law; they are subsidiary and indirect
sources of international law. State judicial decisions:- These
decisions may become rules of international law in the following two
ways:-1. State judicial decisions are treated as weighty precedents. 2.
Decisions of the state courts may become the customary rule of I.
Law in the same way as customs are. Decisions of International
Arbitral Tribunals:- Jurists have rightly too pointed out that in most
of the arbitral cases arbitrators act like mediators and diplomats rather
than as judges as in Kutch Award-1968. Juristic Works. Juristic
Works:- Art.38 of ICJ, the work of high qualified jurists are
subsidiary means for the determination of the rules of I. Law. In
Paquete Habana and Lola fishing vessels with Spanish flags on them
in 1898 during war between America & Spain, held that they could
not be seized or apprehended during the state of blockade.
5. Decisions or determinations of the organs of international
institutions:-Art.38 of ICJ incorporated these sources and also
introduced one new source namely general principles of law. In view
of the strong reasons the decisions and determination of organs are
now recognised as an important source of I. Law. The resolutions of
the organs may be binding on the members in regard to the internal
matters. Organs of international institution can decide the limits of
their competence. 6. Some other sources of International Law:-
Besides the above sources of I. Law, following are some of the other
sources of international law: - 1. International Comity: mean mutual
relations of nations. 2. State Paper:-In modern period diplomats send
letters to each others for good relations are also the sources of I.
Law. 3. State guidance for their officers: Numbers of matters are
resolved on the advice of their legal advises. 4. Reasons: has a special
position in all the ages.5. Equity & Justice: I t may play a dramatic
role in supplementing the law or appear unobtrusively as a part of
judicial reasoning.
What do you mean by subjects of International Law? Can an
Individual be a subject of International Law? If so in what
circumstances.
INTRODUCTION:-A subject of rules is a being upon which the
rules confer rights, capacity and imposes duties and responsibility.
Generally it is the State who enters into treaties with each other and is
thus bound by its provisions. This does not however mean that other
entities or individuals ar outside the scope of international law.
International law applies upon individuals and certain non-state
entities in addition to states. In the modern era the international law
has expanded a lot. Now this law is applied besides States and
individuals also.
THEORIS REGARDING SUBJECTS OF INTERNATIONAL
LAW:- Following are the three main theories prevalent in regard to
the subjects of international law:-1. Only States are the subject-
matters of I. Law:- Certain jurists have expressed the view that only
International law regulates the behaviour of states hence states are its
subject matters. Percy E.Corbett says, “The triumph of positivism in
the late eighteenth century made the individual an object not a subject
of international law.
CRITCISM: - The jurists have bitterly criticised as this theory fails
to explain the case of slaves and pirates. The pirates are regarded
enemy of humanity and they can be punished by the State for piracy.
In international arena by some ordinary treaties community of states
have granted certain rights. But those jurists who say that states are
the only subject-matter of international law but are object of it. To say
that individuals are not the subject but object of the International law
seems to be incorrect. Prof. Schwarzenberger, has aptly remarked
that this view is controversial. He asserts that he individual who is the
base of the society is only an object of the I. Law is not justified.
2. Only individual are the subjects of International law: - Just
contrary to the above theory there are certain jurists who have
expressed the view that in the ultimate analysis of international law it
will be evident that only individuals are the subject of International
Law. The main supporter of this theory is Professor Kelson. Before
keelson this view was expressed by Westlae, who opined, the duties
and rights of the States are only the duties and rights of men who
compose them.  Kelson has analysed the concept of State and
according to him it is a legal concept which as a mixture of legal rules
applicable to all the people living in certain area hence the obligations
of a State in international law in the last resort are the duties of
individuals of which state consists. 
                     In fact there is no difference between international law
and state law. In his view both laws apply on the individuals and they
are for the individuals. However he admits that the difference is only
this that the state law applies on individuals intermediately whereas
international law applies upon the individuals mediately.
Criticism:-So far as logic is concerned the view of Kelson seems to
be correct. An example is the Convention on the settlement of invest
Disputes between States and Nationals of the other states, 1965. By
this treaty provision is made to settle the disputes which arise by
investment of capital by nationals of one state in other states. So it is
clear that the view of Kelsen that international law is made applicable
through the medium of a State seems justified.   
3. States individuals and certain non-state Entities are Subjects:
- This view seems to be justified as against the above views. In
support of this, the following reasons may be advanced: - i) in modern
times many treaties grants rights and duties to individuals. ii) In case
Danzing Railway PCIJ-1928, in case the State Parties of a treaty
intended to grant rights to individuals then International Law would
recognise such rights and International Court will enforce them. iii).
Geneva Convention of Prisoners of War-1949 has also accorded
 certain rights o prisoners of war. iv) According to Nuremberg Court
since crimes against International Law are committed by individuals
the provisions of International Law can be enforced. vi) Genocide
convention- 1948:- In the convention also individuals have been
assigned directly certain duties. By article 4 of this convention those
individuals who commit international crime of genocide should be
punished whether they are public servants or ordinary person.
By the above description it is clear that only states are not subject
matter of Internationals Law but in modern times individuals
international Institutions, Non-state entities minorities are also the
subject-matter of International Law.
PLACE OF INDIVIDUALS IN INTERNATIONAL LAW: - As
pointed out earlier individuals are also treated to the subjects of
international law although they enjoy lesser rights than states under
international law. In the beginning they were accepted as subjects of
international law as an exception of the general rule and number of
jurists treated them as objects rather than the subject. In the recent
times several treaties concluded wherein rights have been conferred
and duties have been imposed upon the individuals. Some of the
provisions are as under:-
1.   Pirates: Under I. Law pirates are treated as enemies of mankind.
Hence every state is entitled to punish them.
2.   Harmful acts of individuals: - For the amicable and cordial relation
of the state it is necessary that the individuals should not be involved
in such acts as may prove detrimental for the good relations among
states. A leading case ex parte Petroff-1971, wherein two persons
who were found guilty of throwing explosive substances on the Soviet
Chancery were convicted.
3.   Foreigners: to some extent international law also regulates the
conduct of the foreigners.  According to international law it is the
duty of each state to give to them that right which it confers upon its
own citizens.4.War criminals: can be punished under international
law. 5. Under some treaties individuals have been conferred upon
some rights whereby they can claim compensation or damages.
4.   3. Discuss the basis and nature of International Law.  Or
Whether the International Law is law in the proper sense of the
term? Give reasons for your answer.
 INTRODUCTION: - Austin in his definition of law has given more
importance to sanction and fear in compliance of law.  In case of
International law there is neither sanction nor fear for its compliance
hence it is not law in proper sense of the term. But now the concept
has changed and International Law is considered as law. There is no
consideration of fear or sanction as essential part of law. If fear and
sanction are considered necessary then there are sufficient provisions
in UNO charter for compliance of the International Law as Law :-
According to Bentham’s classic definition international law is a
collection of rules governing relations between states. Two of the
most dynamic and vital elements of modern international law.
1.   In its broadest sense, International law provides normative guidelines
as well as methods, mechanisms, and a common conceptual language
to international actors i.e. primarily sovereign states but also
increasingly international organizations and some individuals.
2.   Although international law is a legal order and not an ethical one it
has been influenced significantly by ethical principles and concerns,
particularly in the sphere of human rights. International is distinct
from international comity, which comprises legally nonbinding
practices adopted by states for reasons of courtesy. e.g. the saluting of
the flags of foreign warships at sea.)
                         INTERNATIONAL LAW AS REALLY LAW
According to Oppenheim, International Law is law in proper sense
because:-
      In practice International Law is considered as law, therefore the states
are bound to follow them not only from moral point of view but from
legal point of view also.
      When states violate international law then they do deny the existence
of international law but they interpret them in such a way so that they
can prove their conduct is as per international law.
      Starke while accepting International Law as Law has said, “that in
various  communities law is in existence without any sanction and
legal force or fear and such law has got the same acceptance as the
law framed and enacted by state Legislative Assemblies.
      With the result of international treaties and conventions International
Law is in existence.
      U.N.O. is based on the legality of International Law. According
to Prof.Briely, “To deny the existence and legal character of
International Law is not only inconvenient in practice but it is also
against legal thoughts and principles.”
      The states who are maintaining the international relations not only
accept International Law as code of conduct but has also accepted its
legal sanction and force. Prof. Hart, “There are many rules in
practice which are honoured by states and they are also bund by them,
now the State Government accept the existence of International
Law.” According to Jus Cojens, “International Law may now
properly be regarded as a complete system.”
It is pertinent to mention here that from the above noted contents it is
clear that the following grounds  are supportive for accepting the
International Law as law:-
      Now so many disputes are settled not on the basis of moral arguments
but on the basis of International Treaties, precedents, opinions of
specialists and conventions.
      States do not deny the existence of International Law. On the contrary
they interpret International Law so to justify their conduct.
      In some states like USA and UK international Law is treated as part
of their own law. A leading case on the point is the, Paqueta v/s
Habanna-1900.  Justice Gray observed that the international law is a
part of our law and must be administered by courts of justice.”
      As per statutes of the International Court of Justice, the international
court of Justice has to decide disputes as are submitted to it in
accordance with International Law.
      International conventions and conferences also treat international Law
as Law in its true sense.
      The United Nations is based on the true legality of International Law.
      That according to article 94 of UNO charter, the decisions of the
International Court of Justice are binding on all Parties (States).
      Customary rules of International Law are now being replaced by law
making treaties and conventions.  The bulk of International Law
comprises of rules laid down by various law-making treaties such
as, Geneva and Hague conventions.
On the basis of above mentioned facts and arguments, the
International Law is law in true sense of the term. United States and
 U.K., treat International Law as part of their law.  In a case of West
Rand Central Gold Mining Company Ltd., v/s Kind- 1905, the
court held the International Law has considered it as a part of their
law. From the above analysis it is revealed that the International Law
is law.  The International Law is law but the question arises as to what
are the basis of International Law.  There are two theories which
support it as real law:-
1. Naturalist Theory:- The Jurists who adhere to this theory are of the
view that International Law is a part of the Law of the Nature.  Starke
has written, “States submitted to International Law because their
relations were regulated by higher law, the law of Nature of which
International Law was but a part.”  Law of nature was connected with
religion. It was regarded as the divine Law. Natural Laws are original
and fundamental.  They incorporate the will of the Governor and
governed and advance their consent or will.  That is why international
law is also based on natural law.
Vattel Furfendorf, Christain, Thamasius, Vitona are the main
supporters of this theory.It was viewed that natural law is uncertain
and doubtful but it is accepted that Natural Law has greatly influenced
the growth and has given the birth to International Law and its
development.  Most of its laws are framed from Natural Law.
2. Positivist Theory:-  This theory is based on Positivism i.e. law which
is in the fact as contrasted with law which  ought to be. The positivists
base their views on the actual practice of the states.  In their view
customs and treaties are the main sources of International
Law.  According to German economist, Heagal, “International Law
is the natural consent of states.  Without the consent of states, no law
can bind the states. This consent may be express or implied.”   As
pointed out by Starke, “ International Law can in logic be reduced to
a system of rules depending for their validity only on the fact that
state have consented to them.”   As also pointed by Brierly, “The
doctrine of positivism teaches that International Law is the sum of
rules by which states have consented to be bound.”  As said by
Bynkeshock, “The basis of International Law is the natural consent of
the states. Without the consent of states no law can bind the states.” 
The critics of the above views say that consent is not always
necessary for all laws.  There are some laws which are binding on
states irrespective of their consent e.g. Vienna Convention on the Law
of Treaties.  Article 36 of the Treaty says that the provisions of the
Treaty may be binding on third parties even if they have not
consented to it.
CONCLUSION: - Gossil Hurst says, “That International Law is in
fact binding on states, because they are states.” This is very much
correct because every state in the world wants peace, Law and order
and that is possible only through existence of International Law.
Therefore it is in natural interest of States to accept the existence of
International Law.

2. International Law is the vanishing point of Jurisprudence.

Explain.
INTRODUCTION:- Holland has remarked that International Law is
the vanishing point of jurisprudence in his view , rules of international
law are followed by courtesy and hence they should not be kept in the
category of law. The international Law is not enacted by a sovereign
King. It has also no sanctions for its enforcement which is the
essential element of municipal law. Holland further say that
International Law ass the vanishing point of Jurisprudence because in
his view there is no judge or arbiter to decide International disputes
and that the rules of the I. Law are followed by States by courtesy.
Austin also subscribes to this view, Justice V.R.Krishna
Iyer formally member of Indian Law Commission has also remarked,
“It is a sad truism that international law is still the vanishing point of
jurisprudence. This view is not correct.  It is now generally agreed
that Holland’s view that international law is the vanishing point of
jurisprudence is not correct.
But now it is well settled that International Law is law.  It is true that
International Law is not enacted by sovereign and has no agency for
its enforcement.  But it is true that it is a weak law.  A majority of
International lawyers not subscribe to this view is based on the
proposition that there are no sanctions behind international Law are
much weaker than their counterparts in the municipal law, yet it
cannot be successfully contended that there are no sanctions at all
behind international law.
 The jurists who do-not consider international law as the vanishing
point of jurisprudence say that there is difference between state law
and International Law.  International Law cannot be enacted by the
state but still there is agency for its enforcement. According to Dias,
“International Law is obeyed and complied with by the states because
it is in the interests of states themselves.”
                        For this object they give the following arguments:-
1.  The judgements of International court of Justice are binding on
States.
2. If any state does not honour the order/judgement of International court
of justice, the Security Council may give its recommendation against
that state for action.
3. The judicial powers of International Court of justice (Voluntarily and
compulsory) have been accepted by the States.
4. The judgement of International court of Justice has been followed till
date.
5. The system of enforcement i.e. sanctions and fear, has been
developed.
For example :- If there is a threat to international peace and security,
under chapter VII of the U.N. Charter, the security council can take
necessary action to maintain or restore international peace and
security.  Besides this the decisions of the International Court of
Justice are final and binding upon the parties to a dispute.
The gulf war 1991 Iraq trespassed and acquired the whole territory
of Quait in her possession by violation of International Law.  The
Security Council passed a resolution against Iraq and asked her to
liberate Quait. But Iraq did not honour the resolution of Security
Council; hence therefore may economic and political restrictions were
composed against Iraq.  But all in vain. Then USA and her allies were
permitted to compel Iraq to honour resolution of Security Council.
Consequently USA and her allies used force against Iraq and freed
Quait.
The same action was taken against North Korea and Cango during the
year l948 and 1961. The Security Council imposed penalty against
Libya for shooting down American Plane in Lockerbie (Scotland) in
1992, consequently two citizens were also killed.  The Security
Council forced Libyan Government to surrender two terrorists who
 were involved in this mishap and Libya obeyed the order of S.
Council.
The greatest proof of its utility and importance is the fact that its
successor the International Court of Justice established under the
United Nations charter is based on the Statute of the Permanent Court
of International Justice, the United Nations & Security Council
Charter possess wide powers to declare sanctions against the states
who are guilty of violence of the provisions of the same under
chapter-VII
Thus International Law is in fact a body of rules and principles which
are considered to be binding by the members of International
Community in their intercourse with other.  The legal character of
International Law has also been recognized in 1970 Declaration on
the Principle of International Law Concerning Friendly relation and
Cooperation among states.
Conclusion:- On  the basis of above discussion it may be concluded
that the International Law is in fact law and it is wrong to say that it
the vanishing point of Jurisprudence.

3.   Discuss the weaknesses of International Law. What are the

suggestions for removing/improving the International Law?
INTRODUCTION: -   International Law is said to be a “weak
Law.”  The weaknesses of International Law become evident when
we compare it with Municipal Law.  Its weaknesses reflected in most
of cases when these are compared with the state law.  The following
are some of the weaknesses of International Law:-
                                         WEAKN ESSES
l. The greatest shortcoming of International Law is that it lacks
an effective executive authority to enforce its rues.
2. Lacks Of effective legislative machinery:-  Since the International
Laws are based on international treaties and conventions. Therefore
these are interpreted by the states according to their self interest.
3. The International court of Justice lacks compulsory
jurisdiction in the true sense of the  term :- The International court
of Justice which is situated in Hague (Netherland) is not authorised to
take cases of all states. The cases can be filed in this court with the
mutual consent of concerned states.
4. Due lack of effective sanctions, rules of International Law are
frequently violated:-  There is no sense or fear of sanction in the
International Law with the results the laws are violated frequently by
the States.
5. Lack in right to intervene in Internal Affairs :- As per article
2(7) of UNO Charter, UNO is not competent to interfere in the
domestic matters of states.  International law cannot interfere in the
domestic matters. Keeping in view these facts in several cases
International Law proves to be ineffective and weak.
6. UNCERTAINTY:-  There is one more reason behind the
weakness of International Law is its uncertainty. It is not certain as
the laws of states as well as Municipal law.  In addition to this it has
not been able to maintain international peace and order.
It is now very much clear from the above facts that International Law
is weak.  Paton says that , “ from institutional point of view
International Law is a weak. It has no legislative support though there
is international court of justice but that functions or takes case on the
basis of mutual consent of states.  It has no power to get the decisions
implemented.”
According to Karbet,  “The main course of weakness of
International Law is the lack of social solidarity among highly
civilised states.
A case of Queen v/s Ken – 1876 :- There is no such institution or
body which can enact laws for sovereign states and there is no court
also which can enforce its decision and to bind the states.”
                  SUGGESTIONS FOR IMPROVING
INTERNATIONAL LAW
Despite the above mentioned weaknesses, it has to be noted that
International Law is constantly developing and its scope is
expanding.  It is a dynamic concept for it always endeavours to adopt
itself to the needs of the day.  As compared to Municipal Law the
International Law is works in a decentralised system.  This is because
of the facts that the International policies, Inter-dependence of states
and the continuous growth of the concept of International or world
community.   However the weaknesses of the International Law may
be improved in following ways:-
l. The International Court of Justice should be given compulsory
jurisdiction, in the true sense of term overall international disputes.
2.An International Criminal Court should be established to adjudicate
cases relating to international crimes.
3. International Laws should be properly codified.
4. The machinery to enforce the decisions of the International Court
of Justice should be strengthened.
5. An International Police system should be established to check
international crimes and to enforce the rules & principles of
International Law.
6. An international Bureau of Investigation and prosecution should be
established for investigation of matters relating to International crimes
and the prosecution of International criminals.
7. The U.N.O. should be authorised to intervene in the internal
matters of states.
8. For settlement of international disputes the use of judicial
precedents must be encouraged.
9. There must be constant review of International Law.
10. Last but not the least there must be basic recognition of the
interest which the whole international society has in the observance of
its laws. 
CONCLUSION: -   It is pertinent to mentioned here that the General
Assembly of UNO should made fruitful efforts in this direction. The
above suggestions will make International Law equivalent to a
Municipal Law to some extent. With the growth of Internationalism
and the feeling of universal brotherhood international aw will also
become effective and powerful.

1. International Law and Municipal Law are the same. Please

discuss. Or 
Discuss the various theories regarding relationship between
International Law and Municipal Law.
 INTRODUCTION: - Certain theories have been propounded to
explain the relationship between International Law and Municipal
Law.  In general it is notionally accepted that the state municipal law
control the conduct of individuals within the state while International
Law controls the relations of nations.  But now this concept has
altogether been changed and the scope of International Law has
increased and it not only determines and controls the relations of
states but also the relations of members of International community. 
Both the laws have co-hesion with each other and the relations
between these two are more prominent.  These theories have been put
forward to explain the relationship between International Law and
State Law.  Of all these theories as per following details, the most
popular are the Monism and dualism and they are diametrically
opposed to each other:-
1.     MONISTIC THEORY:-It is also known in the name of Monism
theory.  According to the exponents of this theory International Law
and Municipal Law are intimately connected with each other.
International Law and Municipal Law are the two branches of unified
knowledge of law which are applicable to human community in some
or the other way.   All Law are made for individuals. The difference is
that municipal law is binding on individual while International Law is
binding on states. Conclusively it can be said that the root of all laws
is individual.
According to Strake, “International Law is part of state Municipal
Law and therefore decisions can be given by Municipal courts
according to the rules of International Law.”
According to O.Kornell, “The objective of all laws is human welfare
whether it is state municipal law or International Law.”
2.   DUALISTIC THEORY: - In view of the dualistic theory writers,
International Law and state Law are two separate laws and contained
legal systems.  The Monist view of law is part of philosophy
according to which totality is a single structure.  But within the
framework of the unitary universe is diversity of phenomenon. 
International Law cannot become part of state municipal Law till the
principles of International Law are applied under State Municipal
Law.
 According to Strake, “The main foundation of the proponents of
dualistic theory is that state Municipal Law and International Law are
two different legal systems because the nature of International law is
fundamentally different from State Municipal Law.”
Angilotti has also recognised both the systems as two different legal
systems.  According to him the fundamental principle of State
Municipal Law in compliance of law enacted by state legislature
while principle of International Law is Pacta Sunt Servanda i.e. to
honour the agreements executed between the states.”
The main basis of separation of these two systems is as follows:-
      The main source of International Law is customs and treaties while in
case of Municipal Law are an enactment by sovereign power.
      International Law controls the relations between state while state law
controls the relations between state and individuals.
      The main cause of compliance of state law is fear of sanction while
the basis of compliance of International Law is the moral liability and
vested interests of states.
3.   THEORY OF SPECIFIC ADOPTION: - International Law cannot
be directly enforced in the field of State Law.  In order to enforce it in
the field of Municipal Law it is necessary to make its specific
adoption.  The theory of adoption is based on Hague convention-
1970, Vienna Convention-1972 and Tokyo Convention-1975.  In
case of Jolly George v/s Bank of Cochin-1980: The court held that
any agreement does not become part of Indian constitution
automatically, but the positive commitment of state parties inspires
their legislative action.”
The use of International Law in different countries like India, Britain,
America and Russia.  The rules of International Law and treads have
been based in a different ways e.g.
      INDIAN ADOPTION :- The International Law has been given
important place and mention the customary rules of International Law
in Article 51(6) of the Indian constitution with the following strive :
i)               To increase international peace and security.
ii)            To maintain just and good relations among states.
iii)         To increase faith and honour for use of International Law treaty,
obligations in natural relations and conduct of organised people.
iv)          To act as mediator to encourage for settlement of international
dispute.
Some of the cases in this regard are : i) Shri Krishna Sharma v/s
State of west Bengal-1964 : It was decided that whenever the court
interprets the domestic Municipal Law, it should be taken into
consideration that it does not go against International Law.
ii) Magan Bhai, Ishwar Bhai Patel v/s Union of India-1969:- Court
accepted the implementation of Kutch Agreement between India and
Pakistan on the basis of correspondence between them.  Similarly
there are two other case viz: Vishakha v/s State of Rajasthan-
1997. And Apparel Export Promotion Council v/s A.K.Chopra-
1999: In both of the cases the court held that the right of sex equality
of women has assumed the important rule of International Law and its
convention, court said that in cases of violation of human right the
court should always consider international documents and
conventions and should make them binding.
British Adoption: In Britain International customs are treated as part
of domestic law.  British courts apply international customs subject to
the conditions (i) International customary  rules are not inconsistent
with British Laws (ii) they are accepted by lower courts when the
limit of these customary rules are fixed by High Court. For use of
treaties, the case of International Tin Council v/s Dep’t., of Trade
and Industry-1900: the Lord Council decided that in England treaties
are not binding automatically. It is binding only when the Parliament
makes it a part of English Law and incorporates in Law by enactment
of law in this regard.
Adoption in America:  In America the courts interpret the state law
in such a way that it does not go against International Law.  The rules
of customary International Law are treated as part of State Law.  It
has been done in the case of  Paqueta  Habana Case- 1900: It was
held that International Law is part of our state Law and when any
question or case relating International Law is filed before courts of
proper powers then the rights based on these questions should be
determined and enforced.
4. THEORY OF TRANSFORMATION:-  The exponents of this
theory contented that for the application of International Law in the
field of Municipal Law, the rules of international law  have to
undergo transformation.  Without transformation they cannot be
applied in the field of Municipal Law.
According to Strake:-  “That the rules of International Law can be
applied when they are transformed in to domestic law, is not
necessary in every case.”
5.THEORY OF DELIGATION:- The theory of transformation has
been criticised by the Jurists with the result of this craterisation it put
forward a new theory called Delegation theory.  The supporters of this
theory say that according to the statutory rules of International Law,
the powers have been delegated to the constitution of different states o
ensure that how and what extent according to International Law.
States to determine as to how International Law will become
applicable in the field of Municipal Law in accordance with the
procedure and system prevailing in each state in accordance with its
constitution.
CONCLUSION:-  Last but not the least in a recent case namely,
Chairman, Railway Board & others v/s Mrs. Chandrima Das and
others-2000: The supreme Court of India observed that the
International Conventions and Declarations as adopted by the United
Nations have to be respected by all signatory states and meaning
given to the words in such declarations and covenants have to such as
would help in effective implementation of those rights. 

                                            UNIT-II
1. What do you understand by recognition? What are the various
kinds of it?  Also differentiate between de facto and de jure
recognition. Explain those situations when de facto become de
jure recognition. What are the disabilities of an unrecognised
state?
 INTRODUCTION: -   It can be said that through recognition, the
recognising state acknowledges that the recognised state possesses the
essential conditions of Statehood, a Government and Sovereignty, a
definite territory and has a complete control over his territory.  The
community is independent.  So recognition has an important place in
International Law.  By recognition only the state is accepted as a
member of International community.
 DEFINITION:-  Many of the Jurists has define ‘Recognition’ in
different ways. Some of them have opined as under:
Prof.L.Oppenheim :-  “In recognising a State as member of
International community, the existing states declare that in their
opinion the new state fulfils the conditions of statehood as required by
International Law.”
Fenwick: -   “That through recognition the members of the
International community formally acknowledge that the new state has
acquired international personality.”
In the words of Phillip C Jessup: - By recognition is such a function
of a state by which she accepts that any political unit contains the
essential elements of nationality.”
According to Prof. Schwarzenberger:-  “ Recognition can be
absorbed easily by a procedure developing International aw by which
the state have accepted the negative sovereignty of each other and
willing to develop their legal relations on the basis of their natural
relations.”
According to Kelson:  “A community to be recognised as an
International person must fulfil the following conditions:-
i)               The community must be politically organised.
ii)            It should have control over a definite territory.
iii)         This definite control should tend towards performance.
iv)          The community thus constituted must be independent.
Thus the conditions of statehood are, People, a territory, a government
and sovereignty.”
                              TYPES OF RECOGNITION
Recognition is of two types, De facto and de jure recognition.  The
practice of States shows that in first stage the State generally give de
facto recognition. Later on when they are satisfied that the recognised
state is capable of fulfilling International obligations, they confer de
jure recognition on it, that is why sometimes it is said that de facto
recognition of state is a step towards de jure recognition. The detail of
de facto and de jure recognition is as under:-
DE FACTO RECOGNITION: - According to
Prof.G.Schwarzenberger:- “When a state wants to delay the de jure
recognition of any state, it may, in first stage grant de facto
recognition.”
         The reason for granting de facto recognition is that it is doubted
that the state recognized may be stable or it may be able and willing
to fulfil its obligations under International Law.  Besides this it is also
possible that the State recognised  may refuse to solve its main
problems.
          De facto recognition means that the state recognized possesses
the essentials elements of statehood and is fit to be a subject of
International Law.
According to Prof.L.Oppenheim :-  “The de facto recognition of a
State or government takes place when the said State is free state and
enjoys control over a certain fixed land but she is not enjoying the
stability at a deserved level and lacking the competence to bear the
responsibility of International Law.”  
For example :- De jure recognition had not been given to Russia by
America and other countries for a long time because Russia was not
having competence and willingness to bear responsibility of
International Law. The same position was with China.
In view of the Judge Phillips C Jessup, “De facto recognition is a
term which has been used without precision when properly used to
mean the recognition of the de facto character of a government; it is
objectionable and indeed could be identical with the practice
suggested of extended recognition without resuming diplomatic
relations.”
The de facto recognition is conditional and provisional. If the state to
which De Facto recognition is being given is not able to fulfil all
conditions of recognition then that recognition is withdrawn.
                                 DE JURE RECOGNITION
De jure recognition is granted when in the opinion of recognizing
State, the recognized State or its Government possesses all the
essential requirements of statehood and it is capable of being a
member of the International Community. 
According to Prof.H.A.Smith :- “ The British practiced shows that
three conditions precedent are required for the grant of de jure
recognition of a new State or a new Government. The three conditions
are as under:-
i)               A reasonable assurance of stability and performance.
ii)            The government should command the general support of the
population.
iii)         It should be able and willing to fulfil its international obligations.
Further Recognition de jure results from an expressed declaration or
from a positive act indicating clearly the intention to grant this
recognition such as the establishment of diplomatic relations.
According to Phillips Marshall Brown: - “De jure recognition is
final and once given cannot be withdrawn, said intention should be
declared expressly and the willingness is expressed to establish
political relations.”
DISTINCTION BETWEEN DE FACTO AND DE JURE
RECOGNITION
As observed by Prof.G.Schwarznbeer, “De jure recognition is by
nature provisional and may be made dependent on conditions with
which the new entity has to comply. It differs from de jure recognition
in that there is not yet a formal exchange of diplomatic
representatives.  De jure recognition is complete implying full and
normal diplomatic relations.”
       De  facto   De jure recognition
recognition
De jure recognition is
 1.   De facto recognition is final.
conditional and
Provisional. De jure recognition
2.   If the conditions are not cannot be withdrawn
fulfilled by the concerned once given it is final.
state then it is withdrawn. The willingness is to be
3.   To maintain political expressed for
relation in this maintenance of political
recognition is not relations.
necessary.
4.   De facto recognition is De jure recognition is the
the first step towards de final step towards
jure recognition. recognition.

In Luther v/s Sagor-1921:- “It was held that there is no distinction

between de facto and de jure recognition for the purpose of giving
effect to the internal acts of the recognized authority.”
Bank of Ethopia v/s National Bank of Egypt and Liquori- 1937:-
The court held that in view of the fact that the British government
granted recognition to the Italian Government as being the de facto
government of the area of Abyssinia which was under Italian control,
effect must be given to an Italian decree in Abyssinia dissolving the
plaintiff bank appointing liquidator.”
But in the case of Luther v/s Sagore-1921 the court held that as far
as   internal affairs of a state is concerned De facto recognition is
interim and it can be withdrawn.”
                        CONSEQUENCES OF RECOGNITION
There are many political and legal advantages of getting recognition
and many disadvantages of not getting recognition.  They may be said
as disabilities of a state of not getting recognition.  The following are
the advantages of getting recognition and disadvantages of not getting
recognition.
          ADVANTAGES        DISADVANTAGES
1. Can establish diplomatic and The states who did not get such
commercial relation with the recognition cannot establish such
states granting recognition. relations.
2. Recognised states can The state which does not get
institute a suit in the courts of recognition cannot do so.
states granting recognition.
3. Can institute suit relating to Unrecognised states cannot
property situated in the courts institute suit relating to property.
of state granting recognition. The representatives of
4. The representatives of unrecognised states cannot enjoy
recognised states are entitled to such relations.
enjoy diplomatic and political
communities in the territories of
state granting such recognition. The unrecognised states cannot
5. The recognised states can sign any treaty agreement with
execute treaty agreement with any states.
states granting such recognition.

                                              CONCLUSION
 Recognition of any state means, that state become a member of
International community and acquires International entity.  The state
becomes entitled to all rights and special rights as a member of the
 International community.  In the absence of recognition any state
cannot establish her diplomatic and political relations with any states
and also unable to sign any treaty agreement with any state.

2. Define intervention?  Under what circumstances intervention

by one state in the affairs of another state considered justified.
INTRODUCTION: - Intervention in fact principally prohibited
under the provisions of International Law.  According to International
Law no state has the right to intervene in the affairs of another state
for the purpose of maintaining or altering the actual condition of
thing. All members shall retrain in their international relations from
the threat or use of force, against the territorial integrity or political
independence of any state or in any other manner inconsistent with
the purposes of the United Nations.  So in this way when any state
interferes in the internal and external affairs of other state, then as per
International Law, it becomes a matter of intervention.
DEFINITION OF INTERVENTION: - In simple words
intervention means to interfere directly or indirectly by one or more
states in the internal or external affairs of another state.
Prof.L.Oppenheim : “Intervention is dictatorial interference by a
state in the affairs of another state or the purpose of maintaining or
altering the actual condition of things.  Interference pure and simple is
no intervention.” Hans Kelson pointed out that, “International Law
does not prohibit intervention in all circumstances. He further says
that when one state intervenes in the affairs of another state through
force, then as a reaction against this violation International Law
permits intervention.”
TYPES OF INTERVENTIONS:- It can be accessed from the above
view of different Jurists regarding types of intervention that there are
so many types of Interventions.  However some of them are as under:-
1.   Military interference:  It is done with military force.2. Political
Interference: is done by giving threatening information.3. Dictatorial
Interference: Is done in threatening tone.4. Interference without right:
It is done without any purpose & right. 5. Internal Interference: is
done in interfering in the internal affairs.  6. External Interference: It
 is also done in interfering in external affairs. 7. Penal Intervention; 8.
Subversive Intervention: is done by another state through exciting the
people against the state.9. Economic Intervention: is done by creating
obstacles in the trade.
BASES OF INTERVENTION: - It is very much pertinent to
mention here that what is the basis of doing of intervention and what
type of interventions are valid under UNO Charter.  However the
following have been considered as the main basis of intervention:-
i. On the basis of self defence ii) On the basis of humanity iii) for
application of treaty rights iv) to stop illegal intervention v) to
maintain balance of power vi) to protect individuals and their
property vii) collective intervention viii) to protect International
Law ix) at the time internal war.
All above basis of intervention have been recognised by the UNO
except the followings :- i) for application of treaty rights.  ii) to stop
illegal intervention iii) to maintain balance of power IV) to protect
individuals and their property. V)  to protect International Law.
Despite all these the following types of intervention are in use and
recognised:-
i)   Intervention for self defence and self protection: - Self defence and
self protection is main traditional basis of intervention. The
intervention for self defence is rather limited as compared to that self
protection.  Oppenhein says that the use of power of intervention
should have been made when it becomes necessary for self
protection.” A famous case, The Caroline-1841: In this case Mr.
Webster declared that the necessity of self defence should be instant
overwhelming and leaving no choice of means and no moment for
deliberation.  Art. 51 of UN Charter provide that the right of
intervention is still available.  Under this the state has the right to
individual and collectively protection. But this right is available only
when: - i. There has been attack on any state. ii) No step has been
taken by the Security Council for international peace and security.
1.  Intervention on the basis of humanity:-  Every person on this earth
has a right to live with human dignity. The state cannot devoid her of
this right. It the state behaves her citizens with cruelty then it is
violation of International Law of human rights. The action for
intervention by UNO can be taken only in case when the degree of
 violation of human rights is such that if created danger for
maintenance of International peace and security.  The best example of
such intervention is by UNO in 1991 in Iraq for the protection of
Kurds.
2. Collective Intervention:-  In Chapter 7 of UNO Charter the Security
Council is empowered to take action of collective intervention. The
collective intervention means just and legal base of Modern times.
UNO can intervene for maintenance of world peace and security and
to stop or avoid attack on the following conditions:-
i)   When there is actual danger or possibility of danger for international
peace and security. ii) Actual attack has been made by the concerned
state.
The use of such right was made by UNO in Korea in 1950, Kango in
1961 and Iraq in 1991. 3. Intervention in case of internal war:- 
When in any state there is possibilities of Internal war, the
intervention is considered as legal and just basis because there are
strong apprehensions of breach of International peace.  Under this
situation the Security Council can decision to take collective action
under Chapter 7 of UNO Charter.     The action taken by UNO in
1961 in Kango is the best example of intervention.  This action
was taken to stop internal war. CONCLUSION: - It is absolutely
fact that every state is entitled to manage willingly her own internal
and external affairs and does not like interfere of another state. 
Similarly it is also the duty of the other state not to interfere in the
internal and external affairs of any state. International Law also like
this.  The main motto of the Security Council is maintaining peace in
all the member states.
6. Detail note on Acquisition and loss of territory.
INTRODUCTION:-The act of appropriation by a State by which it
internationally acquires sovereignty over such territory as it is at the
time not under the sovereignty of another state. Further it is therefore
an original mode or acquisition is that the sovereignty is not derived
from another State. Occupation can only take place by and for a State.
The leading case on the point is Island of Palmas Arbitrations, as
regards the sovereignty over the Island of Palmas there was a
dispute between America and Netherlands.
The following are the modes of acquisition of territory: In
International Law a territory may be acquired by the following
means:-
1.             Occupation: - Oppenheim said that, “Occupation is such an
action by which any State may obtain sovereignty on that territory
over which there is no sovereignty of any other state.” According to
Starke, “Occupation consists in establishing sovereignty over a
territory not under the authority of any other State, whether newly
discovered or an un-likely case abandoned by the State formerly in
control.”
To decide whether on a territory occupation of a particular state exists
or not, it is seen whether that State has an effective authority and
control over that territory or not. A leading case on this topic Island
of Palmas Arbitration, AJIl-1928.
2.             Accretion:-A territory by accretion may be obtained by a State.
Sometimes by natural calamities also a territory comes within the
jurisdiction of a State through the same was previously a portion of
another State. For this here is no need of any formal action or
declaration.
3.             Prescription: - By prescription a territory comes within a State
when by continuous occupation and control of that territory for a long
time creates a vested authority in the controlling State and by passage
of time that State becomes the actual and real sovereign over that
territory. Reference, J.G.Strake Introduction to International Law-
1989.
4.             Cession: - By cession also a territory comes within the authority
of a State. The cession may occur as a result of a war through pressure
or it may be voluntary. The Cession will be valid only when the
sovereignty over the territory is transferred from one state to another
with the territory.  while in accretion only one party may act. Under
article 368 Parliament may make a law to give effect to an implement
the agreement in question covering Cession of a part of Berubari
Union NO.12 as well as some of the Cooch-Behar Enclaves.
5.             Conquest: When a state gets victory over the other State then
the sovereignty over the conquered state is not established only by
victory. For sovereignty it is necessary that the victor State establishes
an effective authority over the territory of the conquered state through
annexation.  The importance of this means is more or less extinct
because of the Charter of the U.N.O. by which intervention of one
state on the affairs of another is prohibited.
6.             Lease: - The territory may also be acquired through lease. A
state may give its territory o another state under lease for a certain
period. For the said certain period some rights of sovereignty are
transferred to another. A good example of this type of lease is transfer
of certain Islands on lease by Malta to Great Britain for some years.
Recently India had also leased three Bigha to Bangladesh. Case
Union of India v/s Sukumar Sengupta-1990, it was held that the
concessions given to Bangladesh over the said area amounted to
servitude.
7.             Pledge:-Sometimes there arise certain circumstances under
which a State becomes compelled to pledge a part of its territory in
return of some amount of money for which it is in dire need.  In this
case also a part of sovereignty over the territory concerned is
transferred. For example in 1768 the Republic of Geneva had
pledged the Island of Corsica to France.
8.             Plebiscite:-Some writers of the view that through plebiscite also
new State may be acquired. Although in International Law there is no
such rule but some modern writers have expressed the view that by
plebiscite also a new territory can be acquired by a State. An example
to this concern is of West Irian, Netherland and Indonesia both
had put their claims on the territory of West Irian.  UNO decided
for voting of the residents of west Irian. Irians voted in favour of
Indonesia. Now Irian is a part of the Indonesia. Example of
Kashmir, Govt. Of india have taken the position that since the merger
of J&K with India several elections have taken place and the people
have voted.
9.             Through Independence obtaining of territorial sovereignty:-
those States which were colonies after attaining independence get
sovereignty over the territory which consisted within the colonial
setup. The difficulty in this context is that nationality and sovereignty
in the concerned colonial territory comes only after it attains
independence.
Mode of loss of State Territory:-1.According to Oppenheim, “A
territory of a State is lost through cession means if one state gets some
 territory the same territory is lost by the other state. 2. National
Calamity: By operation of nature also sometimes territory of a state is
lost e.g. floods, by volcanic events. 3.Defeat in War: if by
conquering a State gets some territory the same is lost by the defeated
state. 4. Prescription: by occupation of a territory for a long time
state gets that territory through prescription. Original States loses that
very territory by prescription. 5. Revolution: through revolution a
new state comes into being so it may be said that the state against
which revolt occurred had lost its territory in the shape of a new state.
Example: Netherland revolted against Spain. & in 1971Bangladesh
was born by revolution. 6. Dereliction:- When any state abandons a
territory completely or relaxes its authority over it then it loses that
territory. In history there are lesser examples of this kind.

7. Short notes on Non State entities or State Succession.

INTRODUCTION: - State is the main subject of International Law
and it is very difficult to define the term State. In principle all States
are equal and this equality is due to their international personality. All
states as international persons are equal. According to Oppenheim
when any question is to be decided by consent each state is entitled to
have one vote. Several efforts have been made to formulate and
codify rights and duties of States. Declaration of Rights and Duties of
Nations proclaimed by the American Institute of International Law.
Different kinds of Non State entities:- Here are some different kinds
of Non-State entities:-
1.   Confederation: - It is formed by independent States. Under
International Law confederation has no international personality. The
aim and objective of confederation is to establish a sort of co-
ordination among the States.
2.   Federal State:- Generally a federal state is formed by the merger of
two or more than two sovereign states. Under international law a
federal state is an international person. In a Federal State generally
there is a division of powers between the central authority and states
through a contribution. The main difference between a confederation
and a Federal State is that while the Federal State in an International
 person under international law and Confederation is not an
international person.
3.   Condominium:- When two or more states exercise rights over a
territory it is called condominium.  It exists when over a particular
territory joint dominion is exercised by two or more external powers.
New Hebrides is a good example of a condominium. Both England
and France exercised control and had rights over the territory of New
Hebrides between 1914 &1980.
4.   Vassal States:-A state which is under the suzerainty of another State
is called a Vassal State. Its independence is so restricted that it has no
importance under international law. According to Starke, “Vassal
State is one which is completely under the suzerainty of another State.
Internationally its independence is so restricted as scarcely to exist at
all.”
5.   Protectorate State: - Starke, “Although not completely independent a
Protectorate State may enjoy a sufficient measure of sovereignty to
claim jurisdictional immunity in the territory of another state. In
the Lonian Ship Case-1855: the court held that a State may remain
international person even though it is dependent upon some other
State.
KINDS OF STATE SUCCESSION:- State succession is of two
types:-
i)               Universal succession ii) Partial succession.
If the legal identity of a community is completely destroyed
there is said to be a total succession of States.  If the territory is lost
while personality and legal responsibility remain unimpaired the
process is described as partial succession. This does not imply a total
or partial succession respectively to the legal relation of the previous
sovereign but is merely an abbreviated way of defining the extent of
the change.
The following are the different kinds of state succession:-
1.   Universal Succession: - i) Universal succession occurs when one
state occupies or annexes the State completely or amalgamates fully
whether voluntarily or through winning of war.
ii) When a state is divided into two or more parts or limits and every
such unit becomes a separate international entity or a state.
 2.   Partial Succession: - i) Partial succession occurs when any portion of
a state revolts and separates itself and attains independence and
becomes an international person or state. Example of Bangladesh
who revolted against Pakistan and became independent separate
state is a good illustration of partial succession.
ii)            Or when a state gets some portion of another state through Cession.
iii)          When a sovereign state amalgamates itself with some Union of States
and loses some portion of its independence or comes within the
sovereignty or protection of any other state.
  

8. State Jurisdiction. What are the exemptions to the territorial

Jurisdiction of state?
INTRODUCTION:-State jurisdiction is the power of a state under
international Law to govern persons and property by its municipal
law.  It includes both the power to prescribe rules and the power to
enforce them. The rules of State jurisdiction identity the persons and
the property within the permissible range of a state’s law and its
procedures for enforcing the law. A State may regulate its jurisdiction
by legislation through its courts or by taking executive or
administrative action. Thus the jurisdiction of a State is not always a
co-incident with its territory Case of  KTMS Abdul Cader and
others v/s Union of India-1977, the court held that act has no extra-
territorial application and hence the State government has no power
under the Act to pass orders of detention against persons who at the
time when the orders were made were not within India but were out-
side its territorial limits.
                                 STATE JURISDICTION
In general every State has exclusive jurisdiction within its own
territory but this jurisdiction is not absolute because it is subject to
certain limitations imposed by international law. Thus in practice it is
not always necessary that a State may exercise jurisdiction in its
territory on the other hand in some circumstances may exercise
jurisdiction outside its territory. Though the relationship between
jurisdiction and sovereignty is close jurisdiction is not co-extensive
 with State Sovereignty. Each state has normally jurisdiction over all
persons and things within its territory.
Illustration:-A French armed public ship flying the flag of France was
in the British territorial waters when M, the Cabin boy of the ship
committed the offence of murder by shooting dead D the captain of
ship. Both M &D were British nationals. During the trial that took
place that the British courts had no jurisdiction to try him for the
murder committed on board a French cruiser flying French flag. The
defence cannot succeed because he theory that the pubic ship of a
state should be treated to be a floating portion of that state has long
been discarded. Secondly the offence was committed within the
territory of Britain. Thirdly seeking good office of British police and
medical aid amounted to a waiver of the immunity. Thus M could be
tried by British court.
                 EXEMPTION TO THE TERRITORIAL
JURISDICTION
There are some exceptions of the exercise of jurisdiction which
definitely recognizes the protective jurisdiction of one state to deal
with foreign nationals acting in their country against its security and
integrity:-
1. DIPLOMATIC AGENTS:- Diplomatic agents enjoy certain
privileges and immunities. They are immune from the jurisdiction of
the civil and criminal courts of the receiving State. In this connection
the old view was tha the diplomatic agents enjoy these immunities
and privileges because they were deemed to be outside the
jurisdiction of receiving State. In the present time this theory has been
discarded. Modern view diplomatic agents enjoy certain immunities
and privileges because of the special functions they perform. This was
affirmed in a case Ex-parte Petroff-1971 by the Supreme Court of
Australia.
2. Foreign Embassies: - Foreign embassies are often considered to be
outside the jurisdiction of the State in which they are situated. For
sake of convenience embassies are to be treated a part of their home
States. The correct view however is that though not part of their home
States embassies enjoys certain immunities because of the special
functions performed by the diplomatic agents.
3. Foreign Sovereigns:-Foreign sovereigns are often treated to be
outside the jurisdiction of other states and possess many privileges
and immunities. In the case of Christina-1938, Lord Wright observed
that there are general principles of International Law according to
which a sovereign state is held to be immune from the jurisdiction of
another sovereign State.
The principle of immunity of immunity of Foreign Sovereign was
developed in the early years of the nineteenth century. In the case of
the Schooner Exchange v/s McFaddon-1812, A French Naval
Vessel stayed in Philadelphia for repairs after a storm. Some persons
sought possession of the ship on the ground that in reality the ship
Schooner Exchange. An American ship which they owned and was
seized by French on the High Seas in 1810 in pursuance of a
Napoleonic Decree. The U.S. Govt. however requested the court to
refuse jurisdiction on the ground of sovereign immunity. Court held
that the vessel was exempt from U.S. Jurisdiction.
The jurisdiction of the nation within its own territory is necessary
exclusive and absolute.  It is susceptible of no limitation not imposed
by it. In another case of  Vavasseur v/s Krupp-1878, the plaintiff
contended that the Japanese Govt., has violated his patent rights and
therefore he demanded that the delivery of the goods by it be stopped.
But the court had that it had no jurisdiction over the property of the
foreign sovereigns more especially with what we call the public
property of the State of which he is sovereign.

                                             UNIT-III
9. what is Nationality? What are the various modes of acquiring
and losing nationality? Is there any difference between nationality
and citizenship in India?
INTRODUCTION:- Starke, “Nationality has been defined as the
status of membership of the collectively of individual whose acts
decision and policy are vouch safed through the legal concept of the
State representing these individuals.”
Prof. Oppenheim, “Nationality of an individual the quality of being a
subject of a certain State and therefore its citizens.”
 Fenwick:-“Nationality is such a bond which binds an individual with
a state and makes him a member of that specific State and provides
for right of protection from that State with an obligation to abide the
laws promulgated by that State,”
Kelson:- “Citizenship or Nationality is the status of an individual who
is legally an member of a state and ornamentally he can be called a
member of that community.”
IMPORTANCE OF NATIONALITY: - i) The right of protection of
diplomatic representatives are available because of nationality.
ii) If any state does not restrain a person of its nationality from such
disadvantageous action which are affecting other States then the fist
State shall be responsible to other states for such actions of its
nationals.
iii) Ordinarily states do not refuse to accept its nationals in
extradition.
iv) One of the effects of the nationality is that the state has a right to
refuse extradition of own national.
vi) By the practice of many States, at the time of war the Enemy
character is determined on the basis of nationality.
MODES OF ACQUISITION OF NATIONALITY:- According to
International Law nationality can be obtained by following means :-
1.   By Birth: - In the country in which a person is born he obtains the
nationality of that country by birth or at the time of birth person gets
the same nationality which his parents are having.
2.   By Naturalization: - By naturalization also nationality can be
obtained. When an alien living in a country obtains the nationality of
that country it is called naturalization. In Nottebohm case-1955, it
was held that a State has no obligation in granting nationality to a
person through naturalization if that person has no relations with that
state. The court propounded the real and effective nationality doctrine.
If any person obtains nationality of two states then in case of
controversy between the two nationalities the nationality of that state
shall be accepted with which the person fundamentally has real and
effective relationship.
3.   By Resumption:-Sometimes it so happens that a person may lose his
nationality because of certain reasons subsequently he may resume his
nationality after fulfilling certain conditions.
4.   By Subjugation:-When a State is defeated or conquered all the
citizens acquire the nationality of the conquering State.
5.   Cession:-When a state has been ceded in another State all the people
of the territory acquire nationality of the State in which their territory
has been merged.
                                LOSS OF NATIONALITY
1. By Release:-In some states there are such legal provisions are
available by which they grant permission to release their nationals
from its nationality. For this type of release an application is
necessary. If the application for release is accepted then the applicant
is released from the nationality of that state.
2. By Deprivation:-Often in many states such legal provisions are
available by which if a national of that state enters into service of
another state without the permission of home state. He would loss
nationality.
3. By long residence abroad:- The loss of nationality may take place
on the ground that the individual stayed abroad beyond a certain time
limit. Many states have such type of legal provisions which terminates
the nationality for the stay of beyond limit.
4.By Renunciation:- It may also be the cause of loss of nationality,
when a person is having nationality of two or more states, he has to
choose the nationality of one & has to renounce the nationality of
other state.
5. By Substitution:-In some states the nationality is terminated by
substitution. A person gets nationality of one state in place of other
states.
                    DIFFERNCE BETWEEN NATIONALITY &
CITIZENSHIP
      NATIONALITY     CITIZENSHIP
The legal relationship which Denotes the relations between
exists between the nation & the person and the state law.
Individual.
The rights of citizenship are the
Through Nationality the civil & sole concern of state law.
natural rights of a person may
come.
All citizens may possess the It is not necessary that all the
 nationality of a particular state.nationals may be the citizens of
that particular state
A person who possesses only Citizens are those persons who
nationality in a particular state possess full political rights in the
may not possess all political state.
rights.

10. What do you mean by Treaty? How it is signed and what is

the procedure of ratification.
INTRODUCTION:-In the modern period International treaties have
been the first and foremost source of international law. Whenever an
international court has to decide an international dispute its first
endeavour is to find out whether there is an international treaty on the
point or not. In case there is an international treaty governing the
matter under dispute the decision of the court is based on the
provisions of the treaty. International treaties occupy the same
significant position in the field of international law as the legislation
occupies in the municipal law.
DEFINITION OF TREATY: - International treaty is an agreement
between two or more states under the international law to create
mutual relationships. According to Oppenheim, “International
treaties are those agreements between the states which are of
contractual nature and produce legal rights and obligations.”
According to Starke, “Usually in all cases, the purpose of treaties is
to create binding nature of obligations on the parties to the treaties.”
According to Vienna Convention on treaties-1969, “Treaties and
contracts are document under which two or more states under
international law establish or try to establish their relations.”
CLASSIFICATION OF TREATIES:- One of famous jurist Mc
Nair has classified treaties in the following manner:-
1.   Treaties having the character of conveyance.
2.   Treaty contracts.
3.   Law making treaties: a) Treaties creating constitutional law just as
charter of ICJ.  b) Pure law making treaties e.g. labour conventions
negotiated by ILO.
4.   Treaties akin to charter of incorporation e.g. treaty by which
International Posta Union -1874 came into existence.
5.   Vattel has classified treaties into four categories i.e. equal, unequal,
real and personal.
6.   Prof.Oppenheim has classified the treaties into two categories:-
1.   Law making treaties.  2. Treaties made for other purposes.
              HOW THE TREATIES ARE SIGNED
FORMULATION OF TREATIES: - For making the treaty of
binding nature, the following conditions are to be fulfilled:
1.   Accreditation of persons on behalf of contracting parties:- The
intending parties of treaties should appoint persons as their
representatives to negotiate on their behalf authoritatively for arriving
at terms and conditions of a treaty.
2.   Negotiations and adoption:- After due negotiations the terms and
conditions of a treaty are clunched and for its adoption a decision is
made by both the parties.
3.   Signature: - The representatives sign on each and every terms of a
treaty to make it enforceable. A treaty becomes enforceable against a
party only after the signature of the party or its representative is
obtained on the treaty papers.
4.   Accession and Adhesion: - The practices of the States show that by
the process of accession and adhesion a state which is not a party to a
treaty may become a party to it by signing it afterwards.
5.   Enforcement of a treaty:- Usually the enforcement of a treaty
depends and begins according to the terms and provisions as laid
down in the treaty itself.  Many treaties commence after the signature
is affixed by the authorised person while those which need ratification
by the other states in certain number begin after the required number
of states have ratified. The general rule of International Law is that a
treaty is enforceable against the parties only which have entered and
signed a treaty.
6.   Registration & Publication:- It is necessary after the treaty comes
into force, it may be got registered and published.  Under the
provisions of article 102 of UNO charter. If it is not registered with
 the UNO that in case of any dispute comes into existence for its
settlement through the organs of UNO the treaty which is not
registered cannot be referred to for the settlement of that dispute.
7.   Basis of binding force of the International treaties:-According to
Angilotti, “Binding force of International treaty gains its binding
force.
PROCEDURE OF RATIFICATION:- Ratification is a very
important processes ordinarily the terms and conditions of a treaty.
Treaty does not become enforceable without ratification.  The
President of a State or Chief of the Govt. Ratify the signatures of its
representatives who negotiated for arriving at the agreed terms and
conditions of a treaty.
  

11. What do you understand from the term of Extradition? Is it

different from Asylum? Difference between Extra Territorial &
territorial Asylum.
INTRODUCTION: - Each State exercises complete jurisdiction over
all the persons within its territory. But sometimes there may be cases
when a person after committing crime runs away to another country.
In such a situation the country affected finds itself helpless to exercise
jurisdiction to punish the guilty person. This situation is undoubtedly
very detrimental for peace and order. There is a social need to punish
such criminals and in order to fulfil this social necessity the principle
of extradition has been recognised.
Meaning & Definition of Extradition:- Extradition is the delivery of
an accused or a convicted individual to the State on whose territory he
is alleged to have committed or to have been convicted of a crime.
According to Starke, “The term extradition denotes the process
whereby under treaty or upon a basis of reciprocity one state
surrenders to another at its request a person accused or convicted of a
criminal offence committed against the laws of the requesting state.
According to Grotius:- “It is the duty of  each state either to punish
the criminals or to return them to the States where they have
committed crime.”
Under International Law extradition is mostly a matter of bilateral
treaty. In principle each state considers it a right to give asylum to a
foreign national, thus there is no universal rule of customary
international law in existence imposing the duty of extradition.
A famous case Music director Nadeem who was accused of the
murder of Gulshan kumar. Nadeem fled to Britain. Lack of providing
sufficient evidence England refused to extradite Nadeem.
                  IS EXTRADITION IS DIFFERENT FROM ASYLUM
There is a great difference in between extradition and
Asylum.  Extradition means delivery of an accused or a convicted
individual to the state on whose territory he is alleged to have
committed or have been convicted of a crime whereas
in Asylum the active protection extended to a political
refugee from another state by a state which admits him on his request.
DIFFERENCE BETWEEN EXTRA TERRITORIAL &
TERRITORIAL ASYLUM:- In the asylum case Colombia v/s
Peris- ICJ-1950.

           Extra territorial Asylum          Territorial Asylum

In case of diplomatic asylum the The refugee is within the
refugee is within the territory of territory of the state of refuge
the state where the offence was
committed. Territorial asylum is granted by a
Grant of diplomatic asylum State in its own territory.
involves a derogation from the
sovereignty of that state. Every state has right in the
exercise of its sovereignty to
It withdraws the offender from admit into the territory such
the jurisdiction of the territorial persons as it deems advisable
state and constitutes an without exercising the
intervention in matters which are Declaration of Asylum.
exclusively within the
competency of the state. The grant of territorial asylum is
an incident of territorial
Grant of extra territorial asylum sovereignty itself.
is rather a derogation from the
sovereignty. Each state has a plenary right to
grant territorial asylum unless it
Right to grant extra-territorial has accepted some particular
asylum is exceptional and must restriction in this regard.
be established in each case.

12. What are the different classes of Diplomatic Agents? Describe

briefly their privileges & Immunities.
INTRODUCTION: - During the Ramayana and Mahabharata period
some aspects of International Law were in their developed stage.
Examples of international law relating to diplomatic agents may be
cited in this connection. The permanent appointment of diplomatic
envoys began from the seventeenth centaury.  The rights, duties,
immunities and privileges etc., of the diplomatic in 18th. &19th.
Centaury was mostly in the term of customary rules. The first great
landmark was the Congress of Vienna in 1815, wherein the customary
law regarding diplomatic agents was clarified and codified.  The
contents of Vienna Convention were adopted finally in 1961. The
Indian Parliament passed the Diplomatic Relations on the basis
of Vienna Convention-1972 to give effect to this convention. This
law relating to the diplomatic and consular affairs remains the
strongest section of International Law.  DIFFERENT CLASSES OF
DIPLOMATIC AGENTS:-The diplomatic agents have been
classified according to their status and functions. The first
classification of diplomatic agent was made in the Congress of
Vienna in- 1815 under which diplomatic agents were classified under
the following categories:-
1.Ambassadors and Legates:-These are the first category of
diplomatic agents and are the complete representatives of the
sovereignty states. Their designation is Ambassadors or Permanent
Representatives of their respective countries of U.N. They are
appointed by POP.
2.Ministers Pleni-potentiary and Envoys extraordinary:- Are the
diplomatic agents of second category and as compared to the
diplomatic agents of the first category. They enjoy less privileges and
immunities.
3.Charge-d affairs: - They are the diplomatic agents of the last
category. The main reason for this is that they are not appointed by
the head of State but are appointed by the Foreign Minister of the
State. Their status is considered below the Minister Resident.
4.Minister Resident: - In the congress of Aix-la-Chappele-1818,
this category was added at category No.3, but it was again dropped
by 1961 Convention.
PRIVIEGES & IMMUNITIES OF DIPLOMATIC AGENS:-As
observed by the International Court of Justice on 15.12.79 in a case of
United States Diplomatic and Consular Staff in Tehran: For enabling
states irrespective of their differing constitutional and social systems
to achieve mutual understanding. One of the pillars of modern
International Law is the diplomatic immunities of the Ambassadors.
However the following are the immunities and privileges of the
diplomatic agents:-
1. Inviolability of the person as envoys: - The diplomatic agents are
extended personal safety and security. If an envoy is attacked it is
deemed that attack was on the country to which the envoy is
belonging.
2. Immunity from criminal jurisdiction of the court: - The courts
of the state where the envoy is posted do not treat the envoys within
its criminal jurisdiction. It ordinarily believed that envoys will not
violate the laws of the host country.  But there are certain
circumstances when the envoys lose their immunity for example when
they indulge in conspiracy against the host state.
3. Immunity from civil jurisdiction:- the envoys also enjoy the
immunities of civil nature also no suit is filed in the civil court of the
host state against envoys. As per Vienna convention three exceptions
when immunity is not available: i) for any immovable property within
the jurisdiction of host state he has. ii) in a matter of inheritance
where the envoy is a successor or executor in his personal capacity.
iii) The commercial activities of the envoy in personal capacity.
4. Immunity regarding residence:-His premises are inviolable and
no search is allowed in his residence. If any person intrudes the
premises of envoy to avoid arrest, it is the duty of envoy to deliver
such person to the host government to decide.
5. Immunity from presence in a court as a witness:- Any envoy
cannot be compelled to give an evidence in any Court but he himself 
can waive this privilege and appear before a court.
6. Immunity from Taxes:-Vienna convention provides this immunity
to envoys for payment of local taxes. But water, electricity,
telephones etc. not included.
a. Right to worship:-Within the premises of their embassy, envoys
are free to follow according to their choice the mode of worship.
B) Right to exercise jurisdiction over the staff and family in the
embassy:- Envoys are free to exercise their jurisdiction over the
subordinate staff & family in the Embassy to keep the embassy going
on.
c. Right to travel freely in the territory of receiving state:-Vienna
convention has provided a new right to envoys, they can travel freely
within the territory of host state and go anywhere.
d. Freedom of communication for official purposes:- Vienna
convention-1961 the envoys have freedom to communicate with his
own state in context to their official work.
e. Immunity from Military and other local obligations :- Vienna
convention granted the immunity to envoys from military and other
local obligations of the host state. BASIS OF IMMUNITIES AND
PRIVILEGES OF DIPLOMATIC AGENTS:- Theory of extra
territoriality: - According to Grotius diplomatic agents though
physically present upon the soil of the country to which they are
accredited. It is justified base when they are treated to remain for all
purposes upon the soil of the country to which they
represent. Functional Theory: - the reasons for granting privileges
and immunities to the diplomatic agents are that they perform special
type of functions that is why they are called functional and in modern
times this theory is accepted as correct.

                                                   
UNIT-IV
 13: Discuss the various compulsive means of settlement of
International disputes. OR write notes on Retorsion, Reprisal as
compulsive means of settlement of International disputes.
Introduction:- The primary purpose of the United Nation is that there
should be complete peace and security in all the members of UNO.
First of all to seek a solution by negotiation, enquiry, mediation,
conciliation, arbitration, judicial settlement or other peaceful means of
their own choice.  In the other meaning when it deems necessary call
upon the parties to settle their dispute by such mean which shall be
convenient to them. Compulsive or coercive means of settlement of
International disputes are as under:-
1. Retorsion:- Retorsion is the technical term for retaliation. If any state
behaves in unequal or in courteous way with the other State, then the
other state under the International Law gets the right of retorsion.  In
this way the meaning of Retorsion is retaliation.  But in connection
with Retorsion the State can initiate only that proceeding which is
permitted by the International Law. For example in retorsion the
diplomatice channels can be terminated and immunities and privileges
of the diplomat can be withdrawn together with the existing economic
subsidies.  In the past Pakistan declared the diplomat of Iraq as
persona non grata and that diplomat had to leave Pakistan.  Pakistan
took this action because in the Embassy of Iraq a lot of arms and
ammunition was stored.
2. Reprisal:- If the problem is not solved by Retorsion the States have
the right under the International Law to resort to Reprisal that is, in
Retaliation the state can initiate such a proceeding that violator of the
problem may be solved. The reprisal can be resorted against a State
when it has indulged in some illegal or inappropriate activity. For
example Israel has resorted to Reprisal many times against Lebnon
and has bombarded those regions of Lebnon where from Arab
Terrorists attacked on the territories of Israel. The members of UN
cannot indulge in Reprisals of such a type which endangers the
international peace and security. It is commonly accepted that
Reprisal becomes justified and legal when the other country has
committed an international tort or violated the norms of International
Law. In the provocative action and Reprisal there must be adequate
proportion i.e. in proportion to the violation, the damage should be
 caused. The Reprisal is valid only when demand for reparation was
made and this was not fulfilled.
3. Embargo:- Embargo is also a kind of Reprisal. If the ship belongs to
a State which has committed international tort or has committed some
other international wrong and is available in the territorial waters of
the State against which tort or wrong has been committed then such
vessels can be restrained from travelling through that area as a matter
of right by the other State.

4. Pacific Blockade: - By this method the outer boundary of a State is

blocked peacefully.  It is resorted during the peace time against a
State.  The coming and going ship is stopped. By blockade of Ports of
a country compelled that state to solve the problem.
5. Intervention: - Under article 2(4) of the U.N. Charter, the principle
of non-intervention in the internal affairs of a State has been
propounded. But according to Kelson, he has asserted that
International Law does not prohibit intervention in all circumstances,
meaning thereby that in certain circumstances intervention is valid
and legal.
  

14. Explain the purpose and principles of United Nation. How for
United Nation has been successful in achieving its object?
INTRODUCTION:-In the 20th. Century two world wars of highly
destructive nature were fought.  After the First World War the league
of Nation was established. The main objects of the League of Nations
were established and maintain world peace and security.  The League
of Nations failed in its mission. The large scale destructive effects of
the second World War forced the Nations of the world once again to
establish some institution of International Statute which may solve
peacefully the disputes amongst them and establish peace and security
world over. On 26th.anuary, 1945 at Sanfransisco different Nations
 buttressed the establishment of U.N.O. and after it’s the membership
of the UNO increased substantially and now it stands at 192.
PURPOSES OF UNO: - The purposes and objects for which the
UNO has been established are laid down in Article 1 of the Charter:-
1. To maintain international peace and security:- In the preamble of
the charter it is resolved to save the succeeding generations from the
scourge of war and be united to achieve these ends. To achieve the
target the Organisation shall prevent or remove threat to the peace,
breach of peace and acts of aggression by taking effective and
collective measures. The international problems were to be solved by
peaceful means under the norms provided in the International Law
and canons of justice.
2. To develop friendly relations among nations:- The friendship
should be prosper on the basis of respect for the norms of equal rights
and equality in self determination of people. So this thought which
developed friendly relations & universal peace among the nations was
set-up by UNO.
3. For removal of social, economic, cultural and human problems
soliciting of international co-operation:- In the preamble of the
charter of UNO it has been resolved to energize the International
machinery for the development of economic and social status of the
people. A belief is to b developed in promoting and encouraging the
respect for human rights and fundamental freedom for all without
distinction to race, sex, language or religion.
4. To make the UN an International Centre for harmonization:- The
general purpose of UNO has to be made a centre for co-ordination of
activities executed by different nations in this regards to avoid clashes
in choosing priority, the UNO is to harmonise the different activities
of different nations to achieve the main purpose.
PRINCIPLES OF UNO:- There are following principles of UNO:-
1. Principle of sovereign equality: - Principle of Sovereign Equality
means that all the members of UNO are equal in the eye of
International Law. No discrimination in dealings with them is
permitted.
2. Principle of honouring of obligations:- Being member of UNO,
they enjoy certain rights and benefits. Members are required to fulfil
 in good faith the obligations assured by them in accordance with the
Charter of UNO.
3. All nations shall settle their disputes through the principals of
peaceful settlement:-All the international disputes are to be settled
by peaceful means with the results that peace and security and justice
of any region may not endanger.
4. Principle of non-use of force:-All members of UNO should refrain
from the use of force or threat of force against the territorial integrity
or political independence of any State.
5. Principle of assistance to the UNO:-It is the essential duty of every
members of UNO to support and assist to take action against the State
who is not following the UNO charter.
6. Principle for non-member States: - As provided in Art.2 of UNO
charter that the States which are not members of UN, act in
accordance with the principles of UN for maintaining international
peace and security.
7. Principle of non-interference in domestic affairs of a state: - Art.2
(7) provides that the UN shall not intervene in the matters which are
essentially within the domestic jurisdiction of any State or to compel
any members to submit such matters settlement.
If all the above principles are faithfully followed by all the members
of UNO, than there will be no doubt at all that this path will lead to
World Peace and the sayings of Kelson that UNO is World
Government will remain in existence.
HOW FOR U.N. HAS BEEN SUCCESSFUL IN ACHIEVING
ITS OBJECTS
The United Nation has performed important functions in the social,
economic and cultural fields as well as in the fields of human rights.
Besides this Uniting for Peace Resolution. There has been constant
development of the powers and functions of UN. United Nations has
become the symbol of democratisation in the world.
                      Public opinion is an important factor which comes into
play in the new international law. The Gulf War-1991 and the
breaking up of the Soviet Union are likely to bring about the
revolutionary changes in the U.N. in the present Uni-polar world
(United State as the super power), majority of the member-State are
now demanding democratization of the world body. Un-doubtly the
United Nations has achieved its objects in maintaining the peace,
security and canons of justice at the International Level.

15. Short notes on i) Neutrality     ii)  Blockade.

INTRODUCTION: - The term neutrality has been derived from the
Latin word ‘Neuter’ which means impartiality. In wider sense by
neutrality which can be means an attitude of impartiality adopted by
the States who do not take part in the war. Ordinarily by neutral States
it may be presumed that states which try to keep themselves aloof
from the war of their neighbours.  Neutrality is the attitude of
impartiality adopted by third States towards the belligerents and
recognized by belligerents. Such attitude creating rights and duties
between the impartial States and belligerents.
DEFINITION: - According to JG Strake, “Neutrality denotes the
attitude of a state which is not at war with belligerents and does not
participate in hostilities.  In its technical sense however it is more than
an attitude denotes a legal status or a special nature involving a
complex of rights and duties and privileges at International Law
which must be respected.
According to Lawrence: Neutrality is the status of such States which
do not participate in war and maintain their relations with belligerents.
Lawrence has emphasized only on the point that neutrality is such a
position of a state by which they do not participate in a war and
maintain their peaceful transactions and journey with belligerents.
ESSENTIAL ELEMENTS OF NEUTRALITY:-Impartial
Attitude:-states who do not takes part in war and remain impartial.
Impartiality is an important element of Neutrality.
Recognition of the attitude of impartiality by the belligerent
States: - Impartiality of Neutrality State is accepted or recognized by
the belligerents
Emergence of certain rights and duties because of impartial
attitude and its recognition by the belligerents.
Development of the law of Neutrality:-During 18th.Century it began
to accept that the countries which do not participate in war have a
right to remain impartial. During 19th.Century Law of Neutrality get
more development and credit for this goes to America.
Rational basis of Neutrality: - Neutrality usually because of the
following reasons:
1. It helps in limiting the area of war. 2. It discourages war. 3.
Because of it the States keep themselves aloof from the war. 4. It
regulates the international relations.
Provisions regarding Neutrality in the Charter of UNO:-1. The
right to commence a was suspended. 2. Wars which are fought even
without violating the conventions/treaties entered into the charter of
UNO or where there is lack of no war treaty then the member States
have freedom to solve matters of disputes either by enquiry through
Security Council.3. If any States begins a war after the violation of
Art.12 to 15 of the UN Charter then such war shall be deemed to be a
war against all the members of States of the UNO.
                                          BLOCKADE
DEFINITION:-According to JG Strake, blockade occurs when a
belligerent bars access to the enemy coast or part of it for purpose of
preventing ingress or egress of vessels or air-crafts of all
Nations.” And according to Oppenheim, “It is blocking men of war
of the approach to the enemy coast or part of it for the purpose of
preventing ingress and egress of vessels or aircrafts of any nations.”
The law as to blockade represents a further restriction on the freedom
of neutral States as to trade with belligerents.
Essential elements of Blockade:-i) It should be done by men of war.
ii) The part of coast or whole coast of the enemy can be blockade.
iii) The ingress and egress of the ships should be prevented through
blockade. iv) Blockade is an act of war. v) Blockade should be such
that no discrimination is made between the ships of different
countries.
Besides the above elements the additional necessary elements are
also to follow :- i) Declaration and Notification ii) Geographical
limits of the blockade area: It is essential to clarify the areas where
the blockade will operate and vessels and aircrafts shall be prohibited
from entering. iii) Exemption to neutral parts: Neutral ports should
be exempted from blockade. iv) Impartiality: There should not be
any discrimination with the vessels of any Nation; the vessels should
stop impartially by the country which has imposed
blockade. v) Effectiveness: For making blockade binding it is
necessary that it should be effective. For effectiveness it is essential to
utilize the force and such measures which are fit for stopping the
ingress and egress of the vessels.
TERMINATION OF BLOCKADE: The blockade comes to an end
in the following:-
1. By termination of war.
 2. The country which has imposed blockade can itself terminate it.
3. When the blockade is continuously violated and it does not remain
effective then it is understood that blockade has terminated.
4. The blockading State captures and occupies the blockaded coast or
port.
5. When blockading forces are vanquished by the enemy forces.
6. When the military vessels blockading area leave the blockaded
coast it is understood that blockade has ended.

16. State briefly the rules of Land and Aerial warfare.

INTRODUCTION: - The law of war consist of the limits set by
International Law within which the force required to over-power the
enemy may be used and the principles there under governing the
treatment of individual in the course of war and armed conflict. The
objective of the rules of war is not to govern the war or regulate it as
rules of games.
Law of Land Warfare:-The Hague Convention-1907 is a landmark
in respect of rules of land warfare. Hague convention clarified the
status of belligerent states and clarified the distinction between
combatants and non-combatants.  According to it the persons in the
regular army having specific regiment number etc., are lawful
combatants. Besides this is the guerrilla’s volunteer’s corps etc., may
also be included in the category of combatants provided they fulfil the
following three conditions:-
1. They serve under a definite and specific authority. 2. They have
specific emblem which may be recognised from distance. 3. The
conduct was in accordance with the rules and customs of war.
Prohibited Means in Land Warfare:-War is contest between Armed
forces of two or more States wherein force can be used within certain
limits laid down by Laws and Customs of war. International customs,
treaties have prohibited certain means in land warfare.  Hague
Convention- 1907, the use of poisonous weapons, gas, pollute, food
material, poison water, projectiles which cause unnecessary sufferings
and pain etc., have been prohibited and it will also violation of the
laws and customs of war. During land war undefended cities, villages
cannot be attacked or destroyed. Killing of wounded and sick persons
of the armed forces during war has also been prohibited. However
they can be made prisoners of war. Ruses of War or Stratagem : It is
a permitted way during land warfare. By ruses of war or stratagem we
mean that for the attainment of its military objectives a belligerent
State can misguide or mislead the enemy. According to modern
concept of war, war is not only the test of physical strength but also
intelligence provided under article 24 of Hague
Convention. Deceit:- Ruses of war are permitted but in Deceit which
is different from stratagem is contrary to International Law. For
example, according to Hague Convention, unauthorised use of flag or
emblem of the armed forces has been prohibited. Flag of peace or
emblem of red- cross cannot be used to deceive the
enemy. ESPIONAGE:- The position of Espionage is very peculiar.
On one hand I.Law recognises espionage during land war and on the
other hand it also recognised the punishment can be awarded to those
who are caught or apprehended while spying. Hague Regulation-1907
has defined ‘spy’ as one who under false pretences obtain
information. True spy acting in disguise or under the pretences is
himself responsible.
                                   LAWS OF AERIAL WARFARE
INTRODUCTION: - In the modern times the importance of aerial
warfare has greatly increased. Aircrafts were used in large scale for
the first time during the First World War. Since the First World War
he aircrafts have been used in all the major wars that formulation of
definite rules of International Law to regulate their use during war.
Bombing by aircrafts causes excessive loss of public and private
property.  In order to regulate use of aerial warfare many conferences
have been called for from time to time and many rules have been
formulated.
 LAWS OF AERIALWARFARE: - Brussels Conference of 1874:
laid down the following rules/laws: 1. Bombardments on undefended
cities, villages and towns was prohibited. 2. Bombing of buildings and
works relating to art, science, religion and culture and philanthropic
works was prohibited. 3. It was also laid down that the buildings of
public utility should not be destroyed during aerial warfare.4.
Bombing on hospitals etc., was completely prohibited. Hague
Convention- 1899, approved the rules formulated in Brussels
Conference, 1874 and also laid down the following additional rules:
- 1.Bombing on civilian people and their property without just and
appropriate cause was prohibited. 2. Bombardment for the realisation
of money or things was declared illegal. 3. Bombardment of those
cities and villages which are away from the war areas was also
prohibited. 4. It was also laid down that bombardment should be made
only for the achievement of military objectives.
Washington Conference-1922: The use of aircrafts during the First
World War had made it clear that the rules of aerial warfare
formulated so far were not in conformity with the changing facts and
circumstances. In order to amend these rules and to frame certain
rules a conference was called in Washington in 1922:-1. Aiming of
private aircrafts with weapons for self-defence was prohibited. 2.
Bombardment to frighten civilian population was
prohibited.3.villages and towns and buildings which are unconnected
with or are away from war areas should not be destroyed. 4. Building
connected with religion culture or the philanthropic works cannot be
destroyed. 5. Hospitals and other places where the patients are treated
cannot be destroyed.
Further the main object of The Hague Air warfare Rules was to
propose a legal regulation of the special problems raised air warfare.
      Aerial Bombardment is legitimate only when directed at military
objectives.
      Belligerent non-military aircraft can be fired upon unless they make
the nearest available landing on the approach of enemy military
aircraft.
      Aerial bombardment for the purpose of terrorising the civilian
population of destroying or damaging private property not of military
character of injuring non-combatants is prohibited.
                                               

Unit-V
Intervention
DEFINITION OF INTERVENTION: - In simple words
intervention means to interfere directly or indirectly by one or more
states in the internal or external affairs of another state.
Prof.L.Oppenheim : “Intervention is dictatorial interference by a
state in the affairs of another state or the purpose of maintaining or
altering the actual condition of things.  Interference pure and simple is
no intervention.” Hans Kelson pointed out that, “International Law
does not prohibit intervention in all circumstances. He further says
that when one state intervenes in the affairs of another state through
force, then as a reaction against this violation International Law
permits intervention.”
TYPES OF INTERVENTIONS:- It can be accessed from the above
view of different Jurists regarding types of intervention that there are
so many types of Interventions.  However some of them are as under:-
1.   Military interference:  It is done with military force.2. Political
Interference: is done by giving threatening information.3. Dictatorial
Interference: Is done in threatening tone.4. Interference without right:
It is done without any purpose & right. 5. Internal Interference: is
done in interfering in the internal affairs.  6. External Interference: It
is also done in interfering in external affairs. 7. Penal Intervention; 8.
Subversive Intervention: is done by another state through exciting the
people against the state.9. Economic Intervention: is done by creating
obstacles in the trade.
BASES OF INTERVENTION: - It is very much pertinent to
mention here that what is the basis of doing of intervention and what
type of interventions are valid under UNO Charter.  However the
following have been considered as the main basis of intervention:
- i. On the basis of self defence ii) On the basis of humanity iii) for
application of treaty rights IV) to stop illegal intervention v) to
maintain balance of power vi) to protect individuals and their
property vii) collective intervention viii) to protect International
Law ix) at the time internal war.  All above basis of intervention have
 been recognised by the UNO except the followings :- i) for
application of treaty rights.  ii) to stop illegal intervention iii) to
maintain balance of power IV) to protect individuals and their
property. V)  To protect International Law.

Relation between International Law and Municipal Law.

There are certain theories have been propounded to explain the
relationship between International Law and Municipal Law. In
general it is notionally accepted that the state municipal law control
the conduct of individuals within the state while International Law
controls the relations of nations.  But now this concept has altogether
been changed and the scope of International Law has increased and it
not only determines and controls the relations of states but also the
relations of members of International community.  Both the laws have
co-hesion with each other and the relations between these two are
more prominent.  These theories have been put forward to explain the
relationship between International Law and State Law.  Of all these
theories as per following details, the most popular are the Monism
and dualism and they are diametrically opposed to each other:-
1.   MONISTIC THEORY:-It is also known in the name of Monism
theory.  According to the exponents of this theory International Law
and Municipal Law are intimately connected with each other.
International Law and Municipal Law are the two branches of unified
knowledge of law which are applicable to human community in some
or the other way.   All Law are made for individuals. The difference is
that municipal law is binding on individual while International Law is
binding on states. Conclusively it can be said that the root of all laws
is individual.
According to Strake, “International Law is part of state Municipal
Law and therefore decisions can be given by Municipal courts
according to the rules of International Law.”
According to O.Kornell, “The objective of all laws is human welfare
whether it is state municipal law or International Law.”
2.   DUALISTIC THEORY: - In view of the dualistic theory writers,
International Law and state Law are two separate laws and contained
legal systems.  The Monist view of law is part of philosophy
according to which totality is a single structure.  But within the
framework of the unitary universe is diversity of phenomenon. 
International Law cannot become part of state municipal Law till the
principles of International Law are applied under State Municipal
Law.
According to Strake, “The main foundation of the proponents of
dualistic theory is that state Municipal Law and International Law are
two different legal systems because the nature of International law is
fundamentally different from State Municipal Law.”
Angilotti has also recognised both the systems as two different legal
systems.  According to him the fundamental principle of State
Municipal Law in compliance of law enacted by state legislature
while principle of International Law is Pacta Sunt Servanda i.e. to
honour the agreements executed between the states.”
De-Facto- RECOGNITION
Recognition are two types, 1. De facto  2. de jure recognition. 
The practice of States shows that in first stage the State
generally give de facto recognition. Later on when they are satisfied
that the recognised state is capable of fulfilling International
obligations, they confer de jure recognition on it, that is why
sometimes it is said that de facto recognition of state is a step towards
de jure recognition. The detail of de facto and de jure recognition is as
under:-
DE FACTO RECOGNITION:- Prof. G. Schwarzenberger:-
“When a state wants to delay the de jure recognition of any state, it
may, in first stage grant de facto recognition.”
        The reason for granting de facto recognition is that it is doubted
that the state recognized may be stable or it may be able and willing
to fulfil its obligations under International Law.  Besides this it is also
possible that the State recognised may refuse to solve its main
problems.
          De facto recognition means that the state recognized
possesses the essentials elements of statehood and is fit to be a subject
of International Law.
According to Prof.L.Oppenheim :-  “The de facto recognition of a
State or government takes place when the said State is free state and
enjoys control over a certain fixed land but she is not enjoying the
stability at a deserved level and lacking the competence to bear the
responsibility of International Law.” 
For example: - De jure recognition had not been given to Russia by
America and other countries for a long time because Russia was not
having competence and willingness to bear responsibility of
International Law. The same position was with China.
In view of the Judge Phillips C Jessup, “De facto recognition is a
term which has been used without precision when properly used to
mean the recognition of the de facto character of a government; it is
objectionable and indeed could be identical with the practice
suggested of extended recognition without resuming diplomatic
relations.”
The de facto recognition is conditional and provisional. If the state to
which De Facto recognition is being given is not able to fulfil all
conditions of recognition then that recognition is withdrawn.
  

                                    STATE JURISDICTION
State jurisdiction is the power of a state under international Law to
govern persons and property by its municipal law.  It includes both
the power to prescribe rules and the power to enforce them. The rules
of State jurisdiction identity the persons and the property within the
permissible range of a state’s law and its procedures for enforcing the
law. A State may regulate its jurisdiction by legislation through its
courts or by taking executive or administrative action. Thus the
jurisdiction of a State is not always a co-incident with its territory
Case of KTMS Abdul Cader and others v/s Union of India-
1977, the court held that act has no extra-territorial application and
hence the State government has no power under the Act to pass orders
of detention against persons who at the time when the orders were
made were not within India but were out-side its territorial limits.
                                 STATE JURISDICTION
In general every State has exclusive jurisdiction within its own
territory but this jurisdiction is not absolute because it is subject to
certain limitations imposed by international law. Thus in practice it is
not always necessary that a State may exercise jurisdiction in its
territory on the other hand in some circumstances may exercise
jurisdiction outside its territory. Though the relationship between
jurisdiction and sovereignty is close jurisdiction is not co-extensive
with State Sovereignty. Each state has normally jurisdiction over all
persons and things within its territory.
Illustration:-A French armed public ship flying the flag of France
was in the British territorial waters when M, the Cabin boy of the ship
committed the offence of murder by shooting dead D the captain of
ship. Both M &D were British nationals. During the trial that took
place that the British courts had no jurisdiction to try him for the
murder committed on board a French cruiser flying French flag. The
defence cannot succeed because he theory that the pubic ship of a
state should be treated to be a floating portion of that state has long
been discarded. Secondly the offence was committed within the
territory of Britain. Thirdly seeking good office of British police and
medical aid amounted to a waiver of the immunity. Thus M could be
tried by British court.
The jurisdiction of the nation within its own territory is necessary
exclusive and absolute.  It is susceptible of no limitation not imposed
by it. In another case of Vavasseur v/s Krupp-1878, the plaintiff
contended that the Japanese Govt., has violated his patent rights and
therefore he demanded that the delivery of the goods by it be stopped.
But the court had that it had no jurisdiction over the property of the
foreign sovereigns more especially with what we call the public
property of the State of which he is sovereign.

                                        DIPLOMATIC AGENTS
During the Ramayana and Mahabharata period some aspects of
International Law were in their developed stage. Examples of
international law relating to diplomatic agents may be cited in this
connection. The permanent appointment of diplomatic envoys began
from the seventeenth centaury.  The rights, duties, immunities and
privileges etc., of the diplomatic in 18th. & 19th. Centaury was mostly
in the term of customary rules. The first great landmark was the
Congress of Vienna in 1815, wherein the customary law regarding
 diplomatic agents was clarified and codified.  The contents of Vienna
Convention were adopted finally in 1961. The Indian Parliament
passed the Diplomatic Relations on the basis of Vienna Convention-
1972 to give effect to this convention. This law relating to the
diplomatic and consular affairs remains the strongest section of
International Law.  DIFFERENT CLASSES OF DIPLOMATIC
AGENTS:-The diplomatic agents have been classified according to
their status and functions. The first classification of diplomatic agent
was made in the Congress of Vienna in- 1815 under which diplomatic
agents were classified under the following categories:-
1. Ambassadors and Legates:-These are the first category of
diplomatic agents and are the complete representatives of the
sovereignty states. Their designation is Ambassadors or Permanent
Representatives of their respective countries of U.N. They are
appointed by POP.
2. Ministers Pleni-potentiary and Envoys extraordinary:- Are the
diplomatic agents of second category and as compared to the
diplomatic agents of the first category. They enjoy less privileges and
immunities.
3. Charge-d affairs: - They are the diplomatic agents of the last
category. The main reason for this is that they are not appointed by
the head of State but are appointed by the Foreign Minister of the
State. Their status is considered below the Minister Resident.
4. Minister Resident: - In the congress of Aix-la-Chappele-1818,
this category was added at category No.3, but it was again dropped
by 1961 Convention.
PRIVIEGES & IMMUNITIES OF DIPLOMATIC AGENS:-As
observed by the International Court of Justice on 15.12.79 in a case of
United States Diplomatic and Consular Staff in Tehran: For enabling
states irrespective of their differing constitutional and social systems
to achieve mutual understanding. One of the pillars of modern
International Law is the diplomatic immunities of the Ambassadors.
However the following are the immunities and privileges of the
diplomatic agents:-
1.   Inviolability of the person as envoys: - The diplomatic agents are
extended personal safety and security. If an envoy is attacked it is
 deemed that attack was on the country to which the envoy is
belonging.
2.   2. Immunity from criminal jurisdiction of the court:- The courts of
the state where the envoy is posted do not treat the envoys within its
criminal jurisdiction.
                              DEFINE TREATY& ITS RATIFICATION
In case there is an international treaty governing the matter under
dispute the decision of the court is based on the provisions of the
treaty. International treaties occupy the same significant position in
the field of international law as the legislation occupies in the
municipal law.
DEFINITION OF TREATY: - International treaty is an agreement
between two or more states under the international law to create
mutual relationships. According to Oppenheim, “International
treaties are those agreements between the states which are of
contractual nature and produce legal rights and obligations.”
According to Starke, “Usually in all cases, the purpose of treaties is
to create binding nature of obligations on the parties to the treaties.”
According to Vienna Convention on treaties-1969, “Treaties and
contracts are document under which two or more states under
international law establish or try to establish their relations.”
CLASSIFICATION OF TREATIES:- One of famous jurist Mc
Nair has classified treaties in the following manner:-
1.   Treaties having the character of conveyance.
2.   Treaty contracts.
3.   Law making treaties: a) Treaties creating constitutional law just as
charter of ICJ.  b) Pure law making treaties e.g. labour conventions
negotiated by ILO.
4.   Treaties akin to charter of incorporation e.g. treaty by which
International Posta Union -1874 came into existence.
5.   Vattel has classified treaties into four categories i.e. equal, unequal,
real and personal.
6.   Prof.Oppenheim has classified the treaties into two categories:-
2.   Law making treaties.  2. Treaties made for other purposes.
              HOW THE TREATIES ARE SIGNED
FORMULATION OF TREATIES: - For making the treaty of
binding nature, the following conditions are to be fulfilled:
1.   Accreditation of persons on behalf of contracting parties:- The
intending parties of treaties should appoint persons as their
representatives to negotiate on their behalf authoritatively for arriving
at terms and conditions of a treaty.
2.   Negotiations and adoption:- After due negotiations the terms and
conditions of a treaty are clunched and for its adoption a decision is
made by both the parties.
                       PROCEDURE OF RATIFICATION

Ratification is a very important processes ordinarily the terms and

conditions of a treaty. Treaty does not become enforceable without
ratification.  The President of a State or Chief of the Govt. Ratify the
signatures of its representatives who negotiated for arriving at the
agreed terms and conditions of a treaty.