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 recognition De jure recognition

1.   De facto recognition is conditional and De jure recognition is final.

Provisional.
2.   If the conditions are not fulfilled by the
concerned state then it is withdrawn.
3.   To maintain political relation in this
recognition is not necessary.
4.   De facto recognition is the first step
towards de jure recognition.
De jure recognition cannot be
withdrawn once given it is final.
The willingness is to be expressed for
maintenance of political relations.
De jure recognition is the final step
towards 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
1. Can establish diplomatic and commercial
relation with the states granting recognition.
2. Recognised states can institute a suit in the
courts of states granting recognition.
3. Can institute suit relating to property
situated in the courts of state granting
recognition.
DISADVANTAGES
The states who did not get such recognition
cannot establish such relations.
The state which does not get recognition cannot
do so.
Unrecognised states cannot institute suit relating
to property.
 4. The representatives of recognised states
are entitled to enjoy diplomatic and political The representatives of unrecognised states
communities in the territories of state granting cannot enjoy such relations.
such recognition.
5. The recognised states can execute treaty
agreement with states granting such
recognition. The unrecognised states cannot sign any treaty
agreement with any states.

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 exists between the Denotes the relations between the person and
nation & Individual. the state law.

Through Nationality the civil & natural rights of a The rights of citizenship are the sole concern of
person may come. state law.
All citizens may possess the nationality of a
particular state.

A person who possesses only nationality in a It is not necessary that all the nationals may be
particular state may not possess all political the citizens of that particular state
rights. Citizens are those persons who possess full
political rights in the state.

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 refugee is The refugee is within the territory of the state of
within the territory of the state where the offence refuge
was committed.

Grant of diplomatic asylum involves a Territorial asylum is granted by a State in its

derogation from the sovereignty of that state. own territory.

It withdraws the offender from the jurisdiction of

the territorial state and constitutes an
intervention in matters which are exclusively
within the competency of the state.
Grant of extra territorial asylum is rather a
derogation from the sovereignty.
Right to grant extra-territorial asylum is
exceptional and must be established in each
case.
Every state has right in the exercise of its
sovereignty to admit into the territory such
persons as it deems advisable without
exercising the Declaration of Asylum.
The grant of territorial asylum is an incident of
territorial sovereignty itself.
Each state has a plenary right to grant territorial
asylum unless it has accepted some particular
restriction in this regard.

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.