International Law

Miscellaneous Session # 01
Principles of International Law & UN
1 BASIC PRINCIPLES OF INTERNATIONAL LAW

 The term 'International Law' was

for the first time used by eminent
British jurist, Jeremy Bentham in
the year 1780.
 International law owes its origin
to the great jurist Hugo Grotius
and therefore he is also termed
as the Father of International
law.
 SOURCES OF INTERNATIONAL LAW
Today, there are 8 sources of international law divided into
traditional and non-traditional sources.
5 Traditional Sources

Principal (3) Subsidiary (2)

Treaty Customary General Judicial Writings of the

Rules of Principles Decisions most highly
International of Law qualified Scholars
Law
3
1.1 Sources of International Law Recognised by the International Court of Justice

 Art. 38(1) of the Statute of the International Court of Justice enlists the following sources of
International Law:
 1. Conventions (treaties, statutes, agreements, protocols, pacts, etc.) - an international
agreement concluded between two or more states in written form and governed by international
law (e.g. bilateral investment treaties, multilateral treaties)
 2. Custom (customary international law) - international law that derives from the practice of states
and is accepted by them as legally binding (e.g. coastal fishing vessels are exempt from capture
as a prize of war)
 3. General Principles - legal principles that are found in the national laws of states throughout the
world (e.g. no one can be the judge in his or her own case)
 4. Judicial decisions and teachings of the most highly qualified publicists - case laws (note:
this is a subsidiary means of deciding questions of international law) e.g. treatises on international
law, law review articles, the work of the U.N. International Law Commission, writers of civil-law
commentaries (note: this is a subsidiary means of deciding questions of international law)
1.2 The Importance of a Treaty in International Law
 The Making of treaty is an important mode of generating international
law.
 As the treaty making process provides for conscious discussion and
deliberation on issues to be addressed, it is believed that the treaty
provisions provide most tangible laws on those given issues.
 The making of international laws through treaty making is thus the most
desired mode of generating international laws.
 The terminology for the making of a treaty may vary according to
different regions, but the substance is the same: they all denote a
merger of wills of two or more international subjects for the
purpose of regulating their interests by international rules.
1.3 Extradition Treaty

 Extradition may be briefly described as the

surrender of an alleged or convicted
criminal by one State to another.
 More precisely, extradition may be defined
as the process by which one State upon
the request of another surrenders to the
latter a person found within its jurisdiction
for trial and punishment or, if he has been
already convicted, only for punishment, on
account of a crime punishable by the laws
of the requesting State and committed
outside the territory of the requested State.
1.3 Extradition Treaty

 Extradition plays an important role in the international

battle against crime.
 It owes its existence to the so-called principle of
territoriality of criminal law, according to which a State
will not apply its penal statutes to acts committed outside
its own boundaries except where the protection of
special national interests is at stake.
 In view of the solidarity of nations in the repression of
criminality, however, a State, though refusing to impose
direct penal sanctions to offences committed abroad, is
usually willing to cooperate otherwise in bringing the
perpetrator to justice lest he goes unpunished.
1.4 United Nations
 The United Nations
Organisation is an association
of sovereign states bound by a
Charter to maintain
international peace and
security and to co-operate in
promoting political, social and
economic conditions for the
betterment of human life.
Headquarters: New York City, New York, United
States
Founded: 24 October 1945, San Francisco,
California, United States
Secretary general: António Guterres
Founders: United States of America, India,
Venezuela, Iran, Brazil, MORE
Subsidiaries: United Nations General Assembly &
others
Awards: Nobel Peace Prize, Peabody Award,
Academy Award for Best Documentary Short
Subject
1.4 United Nations
 The proposal for such an organisation was
mooted at Dumbarton Oaks Conference
(Washington DC) between the erstwhile
USSR, the USA and the UK between August
21 to September 28, and between the USA,
China and UK from September 28 to October
7, 1944,
 The Charter of the UN was signed by the
delegates from 50 countries on June 26, 1945
at San Francisco.
 The UN was formally inaugurated on October
24, 1945.
1.4 United Nations

 The Charter of UN provides for:

1. Maintaining international peace and security.
2. Working towards improved relations among nations based on respect for the
principle of equal rights and self determination of peoples.
3. Co-operation in finding a solution for international, social, economic, cultural
and humanitarian problem and in advising respect for human rights and
basic freedoms.
4. Serving as a base for co-ordinating the actions of nations to attain these
common goals.
1.4 United Nations
List of Secretaries General
Name Years
1. Trygve Lie (Norway) 1946-1953
2. Dag Hammarskjold (Sweden) 1953-1961 Killed in an air crash
3. U. That (Burma) 1961-1971
4. Kurt Waldheim (Austria) 1972-1981
5. Javier Perez de Cuellar (Peru) 1982-1991
6. Boutros Boutros-Ghali (Egypt) 1992-1996
7. Kofi Annan (Ghana) 1997-2006
8. Ban Ki-moon (South Korea) 2006-2016
9. Antonio Guterres (Portugal) 2016 till date
 UNITED NATIONS

OVERVIEW

• The United Nations is an international

organization founded in 1945.
• 193 Sovereign states structure whole
UN.
• Antonio Guterres, acts as UN’s Chief
ANTONIO GUTERRES Administrative officer.
 UNITED NATIONS

OVERVIEW

• The Powers bestowed in it’s charter

buttress UN to take action on any
issues that confront humanity in the
21st century e.g. peace & security,
terrorism, human rights etc.
• The UN equips a forum for its
members to express their views across
all its assemblies, councils and other
UN HEADQUATERS, NEW-YORK various bodies.
 UNITED NATIONS
MAIN ORGANS

• General Assembly
• Security Council
• Economic and Social
Council
• Trusteeship Council
• International Court of
Justice

UN SYSTEM • the UN Secretariat

 UNITED NATIONS
GENERAL ASSEMBLY
• It acts as the major deliberative,
policymaking and representative organ of
the UN.
• The General Assembly possesses a very
unique feature of being the only UN Body
with universal representation, as it holds
the honor of having all the members of
UN represented in it.
• Every year in September, it witnesses full
GENERAL ASSEMBLY
UN Attendance for the Annual General
Assembly Session & General Debate, in
New York.
 UNITED NATIONS
GENERAL ASSEMBLY

• The decisive approach towards any

major questions on peace and
security, admission of new members
and budgetary matters demand a 2/3
majority of the General Assembly.
• While other questions attract decisions
based on simple majority.
• Every Year, it contracts a fresh
MIROSLAV LAJČÁK President to serve a one-year term of
(Current GA President) office.
 UNITED NATIONS
SECURITY COUNCIL

• The Security Council comprises of in

all 15 Members sub-divided as 5-
permanent & 10-non-permanent
members, each rights one vote.
• It occupies a primary responsibility to
perpetuate international peace &
security, under UN Charter.
• All Member states are obligated to
SECURITY COUNCIL
comply with Council Decisions, under
UN.
 UNITED NATIONS

SECURITY COUNCIL

• It holds the superiority in determining

the presence of any threat to the peace
or act of aggression.
• It formally recommends a peaceful
approach to the parties in dispute and
further, it also provides methods of
adjustment or terms of settlement to
SECURITY COUNCIL fulfill the same.
UNITED NATIONS

SECURITY COUNCIL

• In certain situations, the Security

Council can take firm steps towards
imposing sanctions. Moreover, it is also
authorized to use military forces to
restore International peace & security.
• It has a presidency which is cycled to
change & rotate every month.
 UNITED NATIONS
ECONOMIC AND SOCIAL COUNCIL
• The Economic and Social Council is the
principal body for coordination, policy review,
policy dialogue and recommendations on
economic, social and environmental issues.
• Moreover, it also takes care of the
implementation of all the development goals
agreed internationally.
• It works as a central mechanism for activities
of the UN system and its specialized
ECOSOC agencies in the economic, social and
environmental fields, supervising subsidiary
and expert bodies.
UNITED NATIONS

ECONOMIC AND SOCIAL COUNCIL

• It contains 54 Members chosen by

General Assembly for overlapping
three-year terms.
• It performs as UN’s Central Platform for
reflection, debate, and innovative
thinking on sustainable development.
UNITED NATIONS
TRUSTEESHIP COUNCIL

• It was established in 1945 by the UN

Charter with a purpose to provide
international supervision for all the 11
Trust Territories that had been placed
under the administration of seven
Member States.
• In addition, it also performs a duty to
ensure that adequate steps were taken
to prepare the Territories for self-
government and independence.
• All Trust Territories attained self-
government or independence by 1994.
UNITED NATIONS

TRUSTEESHIP COUNCIL

• According to a resolution adopted on

25th May 1994, the council revised its
rules of procedure by dropping the
compulsion to meet annually and
agreeing to meet as occasion required
(by its decision or the decision of
its President, or at the request of a
majority of its members or the
General Assembly or the Security
Council.)
 UNITED NATIONS
INTERNATIONAL COURT OF JUSTICE
• It roles as the principal judicial organ of the
United Nations seated at the Peace Palace
(HAGUE – NETHERLANDS), making it the
only principal organ to be situated out of
New-York (USA).
• It performs the duty of settling the legal
disputes submitted by its states, in
accordance with international law.

PEACE PALACE, • Secondarily, the International Court of

NETHERLANDS Justice provides advisory opinions on any
legal question introduced by authorized
United Nations organs and specialized
agencies to it.
 UNITED NATIONS

SECRETARIAT

• A Secretary General with tens of

thousands of international UN staff
members together forms the
secretariat.
• The International staff members focus
upon the day-to-day tasks of UN
commanded by the General Assembly
UN SECRETARIAT, USA & other principal organs.
 UNITED NATIONS

SECRETARIAT

• Appointed by the General Assembly,

the secretary general positions as a
chief administrative officer of the
organization upon the
recommendation of the security
council for a 5-year renewable term.
• Recruited both internationally &
locally, the UN staff members work in
UN SECRETARIAT STAFF duty stations & on peacekeeping
missions across the world.
 UNITED NATIONS

SECRETARIAT

• Witnessing the sacrifices given by

hundreds of brave men & women
since UN’s foundation, one can define
how dangerous it is to serve for the
cause of peace in this vicious world.
UN STAFF (INTERNATIONAL
CIVIL SERVANTS)
UNITED NATIONS
PROGRAMMES AND FUNDS
• 1) UNDP - United Nations
Development Programme
• It works in around 170 countries &
territories with a motive to wipe out
poverty, lessen inequalities & forge
resilience which could helps countries
to bolster progress.
• Being UN’s development agency, it
enacts a vital role in supporting
countries to attain the Sustainable
Development Goals.
UNITED NATIONS

PROGRAMMES AND FUNDS

• 2) UNICEF - United Nations

Children's Fund
• It delivers long-term humanitarian and
development assistance to children
and mothers.
UNITED NATIONS

PROGRAMMES AND FUNDS

• 3) UNHCR - The United Nations

High Commissioner for Refugees.
• It safeguards the refugees across the
globe and facilitates their return home
or resettlement.
UNITED NATIONS
PROGRAMMES AND FUNDS

• 4) WFP - World Food Programme

• It focusses upon annihilating hunger
and malnutrition.
• It impressions as the world’s largest
humanitarian agency.
• The statistics suggests that the
Programme feeds nearly 80 million
people across 75 countries, each
year.
UNITED NATIONS

PROGRAMMES AND FUNDS

• 5) UNODC - United Nations Office

on Drugs and Crime
• It serves the member states to battle
against drugs, crime and terrorism.
UNITED NATIONS

PROGRAMMES AND FUNDS

• 6) UNFPA - United Nations

Population Fund
• It Stands as the lead UN agency for
delivering a world where every
pregnancy is wanted, every birth is
safe, and every young person's
potential is fulfilled.
UNITED NATIONS

PROGRAMMES AND FUNDS

• 7) UNCTAD – United Nations

Conference on Trade and
Development
• It’s a UN body responsible for dealing
with development issues, specifically
international trade which is known to
be the main driver of development.
UNITED NATIONS
PROGRAMMES AND FUNDS

• 8) UNEP – United Nations

Environment Programme
• Established in 1972, it is the voice for
the environment within the United
Nations system.
• It acts as a catalyst, advocate,
educator and facilitator to promote the
wise use and sustainable
development of the global
environment.
UNITED NATIONS
PROGRAMMES AND FUNDS

• 9) UNRWA - United Nations Relief and

Works Agency for Palestine Refugees.
• It is known to have contributed to the four
generations of Palestine refugees
belonging to the welfare and human
development.
• It’s services encircle education, health
care, relief and social services, camp
infrastructure and improvement,
microfinance and emergency assistance,
including in times of armed conflict.
UNITED NATIONS

PROGRAMMES AND FUNDS

• 9) UNRWA - United Nations Relief

and Works Agency for Palestine
Refugees.
• It reports only to the UN General
Assembly.
UNITED NATIONS

PROGRAMMES AND FUNDS

• 10) UN Women
• It integrates and builds on the
principal work of four previously
distinct parts of the UN system, which
focus uniquely on gender equality and
women’s empowerment.
UNITED NATIONS

PROGRAMMES AND FUNDS

• 10) UN-Habitat - United Nations

Human Settlements Programme
• It runs with an aim to foster socially
and environmentally sustainable
human settlements development and
the attainment of sufficient shelter for
all.
UNITED NATIONS
SPECIALIZED AGENCIES

• 1) WORLD BANK
• It operates in-over 100 countries.
• The World Bank focuses on poverty
reduction and the improvement of
living standards worldwide by
providing low-interest loans, interest-
free credit, and grants to developing
countries for education, health,
infrastructure, and communications,
among other things.
UNITED NATIONS
SPECIALIZED AGENCIES
• 1) WORLD BANK GROUP
• International Bank for Reconstruction and
Development (IBRD)
• International Centre for Settlement of
Investment Disputes (ICSID)
• International Development Association
(IDA)
• International Finance Corporation (IFC)
• Multilateral Investment Guarantee Agency
(MIGA)
UNITED NATIONS
SPECIALIZED AGENCIES

• 2) IMF - International Monetary

Fund
• The International Monetary Fund
fosters economic growth and
employment by providing temporary
financial assistance to countries to
help ease balance of payments
adjustment and technical assistance.
• The IMF currently has $28 billion in
outstanding loans to 74 nations.
UNITED NATIONS
SPECIALIZED AGENCIES
• 2) WHO - World Health Organization
• WHO is the directing and coordinating
authority on international health within
the United Nations system.
• The objective of WHO is the
achievement of the highest possible
level of health by all the people.
• Health according to the WHO, is a
state of complete physical/mental &
social well-being and not merely the
absence of disease or infirmity.
UNITED NATIONS
SPECIALIZED AGENCIES
• 3) UNESCO - United Nations Educational,
Scientific and Cultural Organization
• It focusses upon certain areas such as
teacher training for the cause of improved
education across the globe, protection of
precious & important historical & cultural
sites around the world.
• This year, UNESCO introduced 28 new
World Heritage Sites to the in-going list of
irreplaceable treasures that will be
safeguarded for both current & future
generation travelers.
UNITED NATIONS

SPECIALIZED AGENCIES

• 4) ILO - International Labor

Organization
• The ILO performs the role of
promoting international labor rights by
formulating international standards on
the freedom to associate, collective
bargaining, the abolition of forced
labor, and equality of opportunity and
treatment.
UNITED NATIONS

SPECIALIZED AGENCIES

5) FAO - Food and Agriculture

Organization
• It forefronts international efforts to fight
hunger.
• It performs multiple duties by being a
forum for negotiating agreements & a
source containing technical
knowledge and information to aid
development.
UNITED NATIONS
SPECIALIZED AGENCIES

6) IFAD - International Fund for Agricultural

Development

• The IFAD, after its existence got into

place in 1977 has merely focused upon
rural poverty contraction.

• IFAD works with poor rural populations

in developing countries to wipe out
poverty, hunger & malnutrition. Also, this
helps to raise their life-standards with
increased productivity & income.
UNITED NATIONS
SPECIALIZED AGENCIES

7) IMO - International Maritime

Organization

• The International Maritime

Organization has created a
comprehensive shipping regulatory
framework, addressing safety and
environmental concerns, legal matters,
technical cooperation, security, and
efficiency.
UNITED NATIONS

SPECIALIZED AGENCIES

8) WMO - World Meteorological

Organization

• The World Meteorological

Organization facilitates the free
international exchange of
meteorological data and information
and the furtherance of its use in
aviation, shipping, security, and
agriculture, among other things.
UNITED NATIONS

SPECIALIZED AGENCIES

9) WIPO - The World Intellectual

Property Organization

• It protects intellectual property

throughout the world through 23
international treaties.
UNITED NATIONS

SPECIALIZED AGENCIES

10) ICAO - International Civil Aviation

Organization

• It develops standards for global air

transport and assists its 192 Member
States in sharing the world’s skies to
their socio-economic benefit.
UNITED NATIONS
SPECIALIZED AGENCIES

11) ITU -International Telecommunication Union

• The ITU is UN’s specialized agency for

information and communication technologies.

• It is committed to connect everyone

irrespective of wherever they live and
whatever their means.

• Their work helps protect & support

everyone’s right to communicate.
UNITED NATIONS

SPECIALIZED AGENCIES

12) UNIDO - United Nations Industrial

Development Organization

• The UNIDO is the specialized agency

of the UN that fosters industrial
development for,

1) Poverty Reduction
2) Inclusive Globalization
3) Environmental Sustainability
UNITED NATIONS

SPECIALIZED AGENCIES

13) UPU – Universal Postal Union

• The UPU is the primary forum for

cooperation between postal sector
players.

• It helps to ensure a truly universal

network of up-to-date products and
services.
UNITED NATIONS

SPECIALIZED AGENCIES
14) UNWTO – World Tourism
Organization

• The UNWTO is the UN’s Agency

responsible for the promotion of
responsible, sustainable and
universally accessible tourism.
UNITED NATIONS
Other Entities
1) UNAIDS - Joint United Nations
Programme on HIV/AIDS

• It is co-sponsored by 10 UN system
agencies,

1)UNHCR 2)UNICEF

3)WFP 4)UNDP

5)UNFPA 6)UNODC

7)The ILO 8)UNESCO

UNITED NATIONS

OTHER ENTITIES

1) UNAIDS - Joint United Nations

Programme on HIV/AIDS

9) WHO 10)The WORLD BANK

• It focusses upon 10 goals related to

stopping & reversing the spread of
HIV/AIDS
UNITED NATIONS

OTHER ENTITIES

2) UNISDR - United Nations Office for

Disaster Reduction

• It serves as the focal point in the

United Nations system for the
coordination of disaster reduction.
UNITED NATIONS

OTHER ENTITIES

3) UNOPS - The United Nations Office

for Project Services

• It is known to be an operational arm of

the UN that supports the successful
implementation of its partners'
peacebuilding, humanitarian and
development projects around the
world.
UNITED NATIONS
RELATED ORGANIZATIONS

1) IAEA - International Atomic Energy

Agency

• It is the world’s Centre for cooperation

in the nuclear field.

• The Agency works with its Member

States and multiple partners worldwide
to promote the safe, secure and
peaceful use of nuclear technologies.
UNITED NATIONS
RELATED ORGANIZATIONS

1) IOM - International Organization for

Migration

• It works,

i. to help ensure the orderly and humane

management of migration
ii. to assist in the search for practical
solutions to migration problems
iii. to provide humanitarian assistance to
migrants in need, including the refugees
and internally displaced people.
UNITED NATIONS

RELATED ORGANIZATIONS

2) WTO – World Trade Organization

• It is a forum for governments to

negotiate trade agreements.

• Also, it works as a place where

member governments try to sort out
the trade problems they face with each
other.
UNITED NATIONS

RELATED ORGANIZATIONS

3) CTBTO - Preparatory Commission

for the Comprehensive Nuclear-Test-
Ban Treaty Organization

• It fosters Comprehensive Nuclear-

Test-Ban Treaty (which is not yet in
force) and the build-up of the
verification regime so that it is
operational when the Treaty enters
into force.
UNITED NATIONS
RELATED ORGANIZATIONS

4) OPCW - Organization for the

Prohibition of Chemical Weapons

• It is the implementing body of the

Chemical Weapons Convention
(CWC), which entered into force in
1997.

• OPCW Member States work together

to achieve a world free of chemical
weapons.