Definition of International law

State has – Different legal, political, economic sociological system-conflict-

mutual relationship occur- absence of rule- disturbance international peace
Prof Openheim:-customary and conventional principles which are considered legally
binding by civilised states -1905
- Mentioned states only
- General principles was not considered, Art 38 of statute of ICJ recognise
general principles ( res judicata, sub judice, subrogation, estoppel)
Sir R Jennings and Sir A Watts redefine the definition – 9th edition- include all- 1992
Charles G Fenwick :- Body of General Principles and Specific rules binding upon the
members of International community in mutual relations ( International
institutions, individuals, state, non state, territories, political units)
J G Starke :- Body of law contains – principles of rule of conduct
- Rule of law relating to Function of International Institutes and their
relations- each other states and individual too
- Rules related to rights and duties of all
- Major part dealing with mutual intercourse
- Includes functions and constitution of UNO,WHO, IMF
- Relations between international institutions interse and their relations
Contribution of Hugo Grotius in Development of International law-
De jure Belli ac Pacis ( The Law of War and Peace)
Jermy Bentham -used International law first time-1780
Hugo Grotius- Dutch Scholar – Father of IL – Book -De jure Belli ac Pacis ( The Law of
War and Peace)
1. relation between states governed by law
2. Man is social in nature and goodness, last analysis basis of IL
3. Individual and State composed of Individual are identical
4. Distinguished Just and unjust war
5. Support just war states
6. Disputes solved through negotiation and peaceful manner
7. State should be subjected to same rules which regulate individual
8. State should be punished – violating law
9. Natural law is the basis
10. Advocate freedom of sea
11. Rule for prisoners of war followed by captor
12. War prisoners – religious rights
13. Diplomatic premises immune from search
Sources of International Law
- Material sources is the actual source – J G Starke
- Material, Formal, and cognitive sources
- Material-> material determining the rule applicable for the current
International situation
- Formal -> legal methods creating rules for general application
Thus, the sources of the contemporary Public International Law can be
classified: CTG LJ AE
1- International customs; Primary
2- Treaties; -Primary
3- General principles of law; Primary
4- Opinions of legal scholars; Subsidiary
 5- Judicial decisions; Subsidiary
6- Acts of international organizations ;Secondary
7- Ex aequo et bono (Equity); Secondary
Art 38- ICJ – 1 to 5
International Custom – behaviour – usage- custom- Art 38(b)
▪ Long Duration – ( short -air space)
▪ Uniformity and Consistency
▪ General Practice
▪ Openio Juris et Necessetatis
West Rand Gold Mining Co ltd v R – 1905 – general consent from
civilised state
State of Portugal v India ( Right of Passage of over Indian Territory
case) – 1960 -Goa, Daman & Diu and Dadra and Nagar Haveli- 1954
revolt
International Treaties – ICJ- Art 38
Contract between states..
Prof Oppenheim- contract between states – legal rights and obligations
Prof Schwarzenwerger- creating a binding obligation in International Law
• Law making treaties – Multi Lateral Treaties -Main Source IL
General Rules binding on majority of states- UN Charter
Congress of Vienna 1815, Declaration of Paris (1856), Geneva 1864
UN Conventions on Law of Sea 1982, Vienna Con Diplomatic Relations
1961- Modern Law making Treaties
• Treaty contracts- 2 or More states
General Principles of law recognized by civil states- Art 38 (1)(c) -PCIJ
Recognized Resjudicata, subrogation, estoppel
Chorzow factory (Indemnity Case) 1928 - Resjudicata
Mourommatis Palastine concession case -1924- subrogation
Temple of Preach Vihar- 1962- estoppel
Barcelona Traction case- 1964- estoppel
Principles – party himself cannot be judge, hearing both parties
Decision of Judicial or Arbitral Tribunal
ICJ – Art 59 define no binding to General Principles , only to respective
parties in the case
Previous decisions – Not binding – no doctrine of stare decisis or
precedents
Jurist work- opinion of legal scholar
Paqeta havan Case -1900- Fishing sailors, unarmed
Decision by International org
ICJ does not recognize , sometimes
South West Africa Case – ICJ taken account the general assembly
condemning apartheid in SA
IL is Law or Vanishing Point of Jurisprudence – Holland (not law) – Wrong to Say
Edward collins- accept as law- logomachy ( dispute about words) not things
1. International Law is Not LAW
Austin, Holland, Bentham – deny legal characteristics for IL
No law giver, coercive enforcement agency
 Treated as Positive Morality
• Lack effective legislative machinery
• No superior political authority
• Lacks sanction
• No executive power
Queen v Kenny -no law giver, tribunal capable and enforcing it to transgressor
2. IL is really LAW
Prof Oppenheim, F Pollock, Hart, JG Starke support this
Oppenheim-community common consent, by external power
Essentials
• Community
• Body of rules
• common consent of community
Summed as follows
a. law cannot be made by sovereign authority , still law exist .. common law of
England ( not by political )
b. rules by treaties
c. IC justice decide dispute as per IL
d. Art 94 of ICJ .. each member of UN charter applicable to the decision – action
by security council
IL is a Weak law
Causes of Weakness
1. Lacks executive authority
2. Lacks effective legislative machinery
3. Lacks compulsory jurisdiction
4. Ineffective sanction s- frequently violates
5. Enforcement machinery is weak
6. Suffers from uncertainty
Suggestions for improving international law
1. ICJ should give a jurisdiction
2. Need criminal court
3. Codified properly
4. Strong machinery
5. International Police
Relation between International law and Municipal
Discuss The Theories of Monism and Dualism
Monism- International law above domestic law
Wright,Kelson, Duguit – Prominent exponents of Monism
IL and State law is one system – Monistic Theory
State is made of Human Being
Dualism-state interest overrule international
Tripel and Anzilloti
Tripel
▪ individual subject to state law, state subject to international law
▪ Origin of state law is will of state, international law is common will of
state

Anzilloti
▪ Law enacted by legislative should be obeyed - state law
 ▪ Pacta Sund Servanda- agreement followed in good faith
IL and ML
o Differ in source
o Differ in subject the regulate ( individual / state)
o Different in sanction ( weak in international / strong in individual)
British Practice – application of customary and treaties
1. Customary rules – of international law are part of British laws, if not
inconsistent with constitution
Chung chi Cheung v R – lord Atkin laid the relation between both
2.Treaty rules- specific adoption theory / transformation theory
Rules laid down by treaties are different from customary rule of IL
Following need permission of parliament
1. Affects British citizen
2. Treaties which affects common law or statute law of Britain
3. Treaties which confer additional power on crown
4. Financial burden on the government
5. Cession of British Territory
American Practice
1. Customary rules – of international law are part of American laws
Paqueta Havana case 1900 – customary law is part of American law
2. Treaty rules-
a. Self executing Treaties – not against American constitution
b. Non Self Executing Treaties – Applicable in America only after
its adoption
Indian Practice
1. Customary rules – of international law are part of Indian laws, if not
inconsistent with constitution
2. Treaty rules- Similar to British, if it was specifically incorporated
Jolly George v Bank of Cochin- International Conventional law need
to go through the process of Municipal law
Gramaphone Co of India ltd v Birenndra Bhahdur Pande – Parliament
say no then NO
Subjects of International Law
Rule confer right to impose duties- State
Law of Nations
J G Starke- Rules Regulating
1. Relations between states
2. Functions of International Org and States
3. Related to individual and non state entities

Three Theories
1. State are only subject of International Law
a. Conduct of states
b. Criticism
i. Slaves rights, pirates liability
ii. War criminals’ trial – Tokyo / Nuremberg
iii. Protect foreigners
iv. UN charter personnel – injuries
2. Individuals alone
 3. State, Lesser Extent Non-State entities, Individuals, organizations , non state entities
Danzwing Railway Officials case – 1928
Genewa convention Prisoners of war 1989
Genocide convention 1940
Nuremberg and Tokyo Trial –War criminals should be punished international law
Reparation of Injuries suffered in UN service - 1949

Definition of State / Different Kinds of State

Definition of State ( Montevideo convention – rights and duties of state – 1933)
• Permanent population
• Defined territory
• A government
• Capacity to enter relations with the other states
Different Kinds of State
• Sovereign state
Does not possess supreme and absolute power -Principle of good
neighbourliness
Trail Smelter Arbitration case ( USA v Canada)- fumes of SO2 Damage to
Washington by Canadian Territory company.
Principle 21 and 22 of Stockholm Dec on Human Environment 1972- state is
liable
• Federal State
Two or more sovereign state joined
• Protectorate state
Formal treaty under sovereign state
Entrust its security, defence and external affairs to another state.
Bhutan - 1949 and 1971 joined UN support of Iindia, Sikkim – 1950 and 1974
its terminated and associated to India
• Vassal state
Under the suzerainty ( absolute control of external affairs) of another state.
No capacity to enter into relationship with other state
All treaties by Suzerian state is ipso facto to vassal state if exception is not
mentioned
Vassal state is free to Internal affairs
Dalai lama – Tibet with China – Now Tibet is not a vassal state
Vassal Protectorate
if Suzerin then only weak according to the
Foreign relation entirely treaty
war ipso fato not
international
treaty ipso facto not
UNO not member yes

• Holy See or Vatican City – Not a member of UNO

Recognition of State – De facto, De Jure, constitutive theory or declaratory
Prof Oppenheim – existing state declare the new state fulfil the condition of
statehood proposed by International Law
Fenwick- New state has acquired International personality
Theories of Recognition
• Constitutive
• Declaratory

Constitutive Theory – Hegal, Anzilotti, Holland and Oppenheim

State comes into existence only when established states recognize
China and Bangladesh
If state did not recognize by other states, then it doesn’t have rights and nor duties
that’s absurd
Declaratory Theory
Chief Exponent – Hall, Wagner and Fisher
State exist even no Recognition-formal ack
Modes of Recognition
• De-facto
• De-jure
De-facto Recognition ( stability doubtful) – no diplomatic relations established
Steps 1- first stage de-facto recognition given, Step-2 -if they full fill international
obligations they are given de- jure recognition
De-jure Recognition
Final and Permanent- completed all state hood conditions and obligation sunder IL
British practice
1. Government should have support of population
2. Reasonable assurance of stability
3. Govt Full fill its international obligations

Defacto Dejure
Temporary Permanent
Diplomatic No diplomatic
no claim claim territory
De-jure prevail over De facto
Emperor Haile Seilassie v Cable and Wireless ltd 1938 – Britain and Ethiopia , Italy
conquered , money need to paid to Italy because de jure ( according to British)

4. De-facto prevail over De jure

Bank o Ethiopia v National bank of Egypt and Liguori - Italy conquered Abyssinnia .
( according to British)

5. De-facto gov has claim immune from de jure government

Arantzazu Mendi- Spanish Civil war, private owned Spanish ship reg at Bilbao, owner
of ship London.
Defacto government was entitled immunity from English court so suit was ivalid

Legal Effects of Recognition

1. Recognized state entitled to sue in the recognizing state
2. Court of recognizing state give effect to the legislative / executive act of
recognized state
3. Recognized state can claim diplomatic / proprietary immunity
4. Diplomatic envoys get privileges from recognising state
Consequence of non- recognition
 1. Cannot sue in court
2. No diplomatic relations and no treaties
3. No privileges
4. No claim in properties
Retroactive Effects of Recognition – from the date of de-factor de-jure is granted
CATI v CATC -cannot invalidate any act – communist government / national
government.. Hong kong
State Succession
Kinds of Succession
1. Universal succession-
• completely merged
• parts break and become international
2. Partial succession – Bangladesh- Pakistan
• Revolt and become separate
• Part ceded to another state
Rights and Duties arise out of State Succession
• Political Rights and Duties -succeeding state not bound
• State Property -extinct state will succeed to the new state
• State debt- not answerable if it not benifited
• Contractual succession – not valid unless notified
West Rand Central Gold Mining Company ltd v King- gold, Britain and SA
• Succession of concessionary contracts – digging mines, licence etc not bound
Premchibar v Union of India-Portuguese territory , Import license rejected
later by India, new sovereign is free to determine
• Succession of Liability of Tort- not liable, if ready to pay then possible
Robert E brown Claim case-US citizen went to SA digging gold mines, SA,
Britain, War and Britain occupied and not liable
• Succession regarding UN Membership – Pakistan rejected
Intervention
Prof Oppenheim : Dictatorial interference by a state in the affairs of another state
for the purpose of maintaining or altering the actual condition of things
IL prohibits Intervention
To constitute interference – ingredients are
1. Interference must be dictatorial
2. Against the will of state
3. Impairing the political independence of the affected state
Legitimate Intervention
1. Intervention of self defence- Art 51 Self Defence UN charter
Corfu channel case( 1949) – channel between Albania and Greece, two
warship of Britain, Mine by Albania, both violated guilty , mine sweeping and
mine blast.
o Armed attack by affected state
o Until security council action
o Reported by SC
o Review by SC
2. On Humanitarian grounds
3. Intervention in Civil War
State Jurisdiction
1. Territorial – power within the boundaries of state, governs by Municipal Law
 Offence n maritime belt is punishable by the law of coast state
Compania Naviera Vascongado v Cristinal S S – all jurisdiction by state
Chung Chi Cheung v R – cabin boy board a Chinese armed public vessel, killed
captain when ship at Hong Kong- Hong Kong rule- British citizens
Subjective – Crime conducted
Objective – crime consequences
S S Lotus case 1926- French mail ship collide with Turkish ship Boja court,
French captain was punished by Turkey. Valid said by PCIJ
State cannot have jurisdiction to following person
a. Diplomat agents
b. Foreign sovereign
c. International organization
d. Property of foreign sovereign
e. Foreign troops
2. Extra territorial
General not jurisdiction – crime in ship or plane even its in another
jurisdiction
Duty not to exercise sovereignty in Another State
Person commit crime and escape to another country then its not possible to send
troops to that country and arrest – violation of IL
Berthold Jacobs case- German refugee living in Switzerland , kidnapped by Nazi
troops its violation
Corfu channel case- Albania territory mine sweeping by Britain
State Territory
National water and Territorial sea comprises the border along with land border.
Sovereignty of coastal state (littoral state) extends to maritime belt, territorial water
and air space.
1. National river
2. Boundary river
3. Non-national river
4. International river
Different Modes of Acquisition
1. Occupation – terrra nullis - need to establish sovereignty , actual exercise of
sovereignty ( Two test)
Island of Palamas Arbitration Case – 1929 – Spain ,Netherlands , America
Eastern Green land case- Norway and Denmark ( part) , PCIJ
2. Prescription
Peaceful exercise of de-facto sovereignty , after log period of sovereignty
Sovereignty exercised openly,, no interruption
3. Accretion -added naturally already under sovereignty
4. Cession – India -Pakistan , RE Berubary CASE
5. Annexation- Kuwait by Iraq- not valid by UN Charter
6. Lease
Different Modes of Loss of Territory
1. Cession
2. Bu operation of nature
3. Subjugation – conquest
4. Prescription – long period
5. Lease
 International Servitude
Part given to another state for certain purpose, exceptional restriction,
restriction under a treaty ( troops travel)
1. Positive servitude
2. Negative servitude
Right to passage of Indian territory case -Portuguese – Daman and
certain Portuguese enclaves

Five Freedoms of Air

1. Paris convention of Arial Navigation - 1919
2. Warsaw convention-1929
3. Chicago convention in International Civil Aviation – 1947
Principles
a. State has full sovereignty over their air space
b. No state aircraft fly over another state without authorization
c. Declare five freedom
i. Civil aircraft can fly across without landing
ii. Has freedom to land on non traffic purpose
iii. Disembark in foreign territory
iv. Pick up in foreign country traffic destined
v. Freedom to carry traffic between two countries
Piracy & Piracy Jure Gentium 1934
Geneva convention on High Seas 1958 – Violence committed for private end
Principles
1. Private ends
2. Crime committed by crew or passenger of a private ship/aircraft
3. Crime at high seas or outside jurisdiction
4. Act directed against a ship/ air craft
In Re Piracy Jure Gentium- committing is not essential, unsuccessful act is also
piracy.
Law of the Sea 1982 –
1. Maritime belt or Territorial water
UN convention on the Law of Sea – 12 Nautical mile
Anglo Norwegian Fisheries case- Britain, Norway-coastal state entitled to
exercise sovereign rights over the territorial water
Rights of state over Territorial sea- have passage rights and if need provide
help and notification for ease navigation
Chorfu channel case- mine sweeping
2. Contiguous Zones- 24 miles-12 miles beyond territorial – Art 53- Prevent
Infringement
3. Continental shelf- Trueman Proclamation -drilling
4. Exclusive economic zone or patrimonial sea- Kenya 1972- UN convention of
Sea on 1982, 200 nautical mile – exploring, research, preserve and protect,
use of artificial islands
5. High Seas- beyond the exclusive economic zone of coastal state- UN
Convention of Law of sea 1982, Art 87 freedom of navigation, over flight lay
cables Art 112, pipeline, fishing, research- state cannot sovereign any part
 Right of HOT pursuit -Art 111 UNCLOS
Exception to Exclusive jurisdiction- arresting and getting back ship for trial.

State responsibility
State responsible to pay compensation
1. International Delinquency – mob violence o alien, no measure to protect
alien
Youmans’s Claim case -1926- USA v Mexico – gun fight US citizen died
Reparation for injuries suffered in the service of UN Nations -1948
2. Responsibility for Expropriation of Property of Foreigners
3. Responsibility for breach of contract
Calvo Clause- protection from another state – Central and South American
government- Null
El Oro Mining and Railway company ltd case- Britain v America
North American Drudging Company case- Calvo clause prevent any diplomat
intervention is valid
Extradiction and Asylum
Aslyum – protection from another country after committing crime in one country
1. Territorial Asylum - Dalilama
2. Extra territorial or Diplomatic Asylum- embassay
a. Aslyum in foreign legation – political corruption, special treaty,
binding local custom
Haya Dela Torra Case – Colombia v Peru
b. Aslyum in the premise of international institutions
c. Aslyum in warship
d. Aaslyum in Merchant vessel
Extradiction – Delivery of an accused
Conditions / Restrictions
1. Political crime
Re castioni- its political – swiss and England
Re Munier- paris café bomb- not political, England and French
2. Military crime
3. Religious crime
4. Double criminality
5. Rule of speciality – trial only for what extradition
6. Prima facie case- accoused has committed crime
Trasove Ectradition case - 1963
7. Extradition must be formally made
Savarkar case – once extradited is extradited
Sucha Singhs case – Punjab former CM Pratap Singh- Nepal
 Dharam Teja case- Jayanth shipping MD, Ivory coast, Britain extradited

Immunity and Privileges of the sovereign and Diplomatic Agents

Foreign – absolute immunity from civil and criminal jurisdiction of another state
Mighell v Sultan of Johore
Diplomat agents – duties, immunities, privileges
1. Ambassadors or Nuncious and other equivalent rank
2. Envoys, ministers
3. Charges D Affaires
Art 14(2) Vienna convention
1. Inviolability of person of Envoy – Art 29 Vienna convention
Persona Non Gratia - ask him to leave the country
2. Immunity for criminal jurisdiction of court
If doesn’t relate to his retinue, then no immunity
Art 31- given criminal immunity
3. Immunity from Civil Jurisdiction – Art 31 Vienna Con gives exception
Buraman’s Case -France to Bolivia – landed New York
a. Private immovable in receiving state
b. Action related to succession
c. Action related to commercial and professional activity
India – sec 86 of CPC 1980- need consent from Central govt
4. Immunity regarding residence – No search
5. Immunity from compelling to be a witness
6. Immunity from Taxes
7. Immunity from personal baggage
8. Right to worship
9. Right to travel freely in the Territory of receiving state
Duties of Diplomat Agents
1. Respect laws of land
2. No to interfere internal affairs
3. Premises should not be used for function of the mission
4. No personal and commercial gain
Nationality
Modes of acquisition of Nationality
1. By Birth
2. By Descent
3. By Naturalisation ( marriage, domicile, appointment as government official)
4. By Registration
Double Nationality and Statelessness
International Treaties – Pro Oppenheim- states are agreements of contractual character
between states
Art II – Viena convention 1969- relationship in agreement w.r.t IL – Art 26 Vienna
Pacta Sunt Servanda – state a bound to fulfil in good faith the obligation assumed by
them under agreements- ICJ – Time honoured basic principle .
Man steps in formation of Treaty
1. Accrediting of Agents or persons – representing person
2. Negotiations and Adoptions
3. Signature
4. Ratification
 5. Accession ( accept before treaty signed) and Adhesion (Accept after treaty
signed)
6. Registration and Publication Art 102 – registered with UN charter
Termination of Treaty
1. Operation of law
a. Extinction of either party
b. War
c. Impossible performance
d. Redus sic standibus – fundamental section changed
e. Expiration of fixed time – agains general IL- Art 53 Vienna
f. Jus cognes
2. Act of parties
Pacta Turtis Nec Noncent Nec Prosunt- only parties in contract bound by it- Art
34 Vienna 1969
UNO
After first world war – 1920
After second 1945- UN Charter and 51 nations signed
Reparation for Injuries suffered in the service of the UN: ICJ declare its legal person
Objects of the UN
1. International peace
2. Friendly relations
3. International co-operation
4. Respect human rights and fundamental freedom
Basic Principle of UN
1. Members state are equal and permanent members are more powerful
2. Members behave in good and faith and obligation
3. Settle dispute by peaceful manner
4. UN assistance in common action
5. Refrain from destroying political stability
6. Cannot interfere domestic affairs
Membership
1. Original members
2. State admitted members – by SC/ 2/3 of majority in General Assembly
Essential for Membership
1. Must be a state
2. Peace loving state
3. Accept UN obligations
4. Follow those obligations
Expelled by –General assembly by recommendation Security council
Principle Organs of UN
1. General Assembly
2. Security council
3. The secretariat
4. ICJ
5. The economic and social council
6. The Trusteeship council
General Assembly - 193 members – 5 rep by state – one vote
Function
Deliberative-Supervisory-Financial-Elective-Constituent
 Security Council
15 Members-5 Permanent- 10 Non-member are elected for 2 years
Voting Rights
1. Procedural – majority vote- no veto power
2. Substantial -require 9 vote including 5 permanent members – veto
vote possible ( negative) thee unable to take decision
Double veto – convert Procedural to substantial cast vote – then they can
use their veto in voting too ..
Functions
1. Maintain peace and security
2. Elective function – ICJ Judge, Gen Sec of the UN
3. Supervisory
4. Constituent function
Secretariat
Gen Secretary and Staff-Appointment is substantial matter
ICJ
15 Judges- elected by GA and SC- 9 years- Hague , Netherland
Jurisdiction – all states- Voluntary jurisdiction
By virtue of Art 36(2)- can be compulsory Jurisdiction- optional jurisdiction
SC is empowered to implement the decision
Economic and Social council
27 Members—Term 3 years
Trustee Ship Council
Administer Trust Territories
International Economic Law
Law relates the economic relations with nations
Based on traditional Principle
1. Pacta sunt servanda
2. Freedom
3. Sovereign equality
4. Reciprocity
5. Economic sovereignty
6. Support LDC- least developed countries

IBRD- International bank for reconstruction and development – World Bank

Bretton Wood Conference – 1944 July- UN Monetary and Financial conference
Established IBRD and IMF
World Bank Group – Head quarters at Washington
Five organization
1. IBRD 1945
2. IFC 1956 – finance corporation
3. IDA 1960- Development Association
4. MIGA 1988- Multilateral Investment Guarantee Agency
5. ICSID 1966- International centre for settlement investment dispute
Trade competitive , Diversification, Facilitation, support market, managing stocks,
promote business, projects, Aid for trade, loan for developing countries, financial
support, disaster support
IMF - 1945
188 Members- Washington DC
 IMF executives, Bard of Governor , Economic development, looking exchange rates,
Trade, support in machinery and consultant
Primary -Stability of International monetary system, exchange rate and international
payments, multilateral payments

GATT -General agreement for tariff and trade

WTO – World trade organization
TRIPS
GATT
• Multilateral agreement regulating international trade
• Substantial reduction of tariffs and other trade barriers and elimination of
preferences on a advantageous manner and basis.
• Failure to create ITO
• Signed 23 nations Geneva oct 30 1947
• Last signed by 193 nations on 1994 Uruguay round agreements – WTO
WTO
• 164 members and 21 observer governments
• 22 member negotiating membership
• Officially commenced – 19195 january – Marrakech Agreement signed by 123
nations in April 1994
• Replaces GATT
• Geneva , Switzerland
Structure
Function of WTO

• administering trade agreements

• acting as a forum for trade negotiations
• settling trade disputes
• reviewing national trade policies
• building the trade capacity of developing economies
• cooperating with other international organizations
WTO Can do
1... cut living costs and raise living standards
2 ... settle disputes and reduce trade tensions
3 ... stimulate economic growth and employment
4 ... cut the cost of doing business internationally
5 ... encourage good governance
6 ... help countries develop
7 ... give the weak a stronger voice
8 ... support the environment and health
9 ... contribute to peace and stability
10 ... be effective without hitting the headlines
TRIP
Agreement Trade related Aspect of Intellectual Property Rights of WTO
IPR- Intellectual Property Rights- Rights given to people for creating of their mind
• which came into effect on 1 January 1995
• main feature is
o Standards
o Enforcement
o Dispute settlement
• Article 1.3 defines who these persons are
• Articles 3, 4 and 5 include the fundamental rules on national and most-
favoured-nation treatment of foreign nationals,
• Substantive standards of protection
o Copyright
o Article 9.2 confirms that copyright protection
o Article 10.2 clarifies that databases and other compilations of data
o Article 10.1 provides that computer programs,
o Article 14.4, an exclusive rental right at least to producers of
phonograms.
• Copyrights Art 14
• Trademark Art 15
• Industrial design Art 25
• Patent Art 27 to 34
• Layout-design of IC – Art 35
• Geographical indication Art 24
• Protection of undisclosed information- Art 39
 WIPO- World Intellectual Property organization
Doha declaration – Life Saving drugs manufacture and export/ import license
IPR are Territorial rights – acquired in one country cannot imposed in another
country
TRIP plus provisions are good for Free Trade agreement - FTA
• Better market access
• Investment opportunities
• Affect domestic markets
• Save local farming and seeds
• Protection of indigenous community
• Prevent private monopolistic
• Same level of protection in geographical indication of products
New International Economic Order – NIEO
• Put forward by UNCTAD
• Social justice among trading countries
• Proposal formatted by LDC for there growth
Human Right Under International Law
Art 1,13(1)(b), 55, 56, 62 (2),68,76(c)
Universal Declaration of Human Rights
ECOSOC – Economic and social council
• Art 68 UN Charter empowers HR
• Commission on HR was appointed by ECOSOC
• Universal declaration of Human Rights 1948
• Right to life and liberty
• No slavery
• Avoid torture or cruel
• Equal before law
• Fair hearing
• Freedom of movement
• Right own property
• Freedom of opinion and expression
• Right to social security
• Trade right
• Favourable remuneration equal pay