1Subjects of International Law:

The Concept of Subject of Law and of Legal Personality, Various Theories like
Realistic Theory, Fictional Theory, Functional Theory, State as Subject, Definition
and Conditions for Statehood, rights and duties of states, Territory, Modes of
acquisition and loss of state territory,
2-Recognition:

De Facto and De Jure, Theories of Recognition,

3- Individual as a subject of International Law:
Rights and duties of individuals ,Human Rights, UDHR, Covenant on Civil Political
Rights,1966, Covenant on Economic Social and Cultural Rights, 1966.
5--Law of the Sea: Historical Background, Maritime Belt, Territorial Sea, The
Contiguous Zone, Exclusive Economic Zone, Continental shelf, The High Seas,
International Sea Bed Area, Common Heritage of Mankind , Law of the Sea
Conventions (United Nations Convention on the Law of the Seas).
Suggested Readings:
1. Shaw Malcolm Nathan, International Law, Cambridge University Press, 2003.
2. Kapoor S K, International Law and Human Rights, Central Law Agency, Allahabad,
14thEdn.-2002.
3. Ian Brownlie, Principles of Public International Law, Oxford University Press,
2008
4. Joseph Gabriel Starke, Ivan Anthony Shearer, Starke's, International Law ,
Butterworths,
1994.
5. Lassa Oppenheim, Robert Jennings and Arthur Watts, Oppenheim's International
Law,
Oxford University Press, USA, 2008
6. Agarwal H.O., International Law & Human Rights, Central Law Publications, 2000
7. Ian Brownlie, Basic Documents in International Law, Oxford University Press,
2008
2-Generation of customary rules by treaty
North Sea Continental Shelf Cases(1969) ICJ

The dispute, which was submitted to the Court on 20 February 1967, related to the
delimitation of the continental shelf between the Federal Republic of Germany and
Denmark on the one hand, and between the Federal Republic of Germany and the
Netherlands on the other. The Parties asked the Court to state the principles and rules
of international law applicable, and undertook thereafter to carry out the delimitations
on that basis.
The world court observed that
A treaty provision can only generate customary international law ,but only when the
provision concerned is of fundamental norm creating character such as could be
regarded as forming the basis of a general rule of law
Art 6 is of convention which lays down equidistance principle was not intended to be
of a norm creating character.
 Subjects of International Law

Legal personality
Subjects of international law can be described as those persons or
entities who possess international personality.
In any legal system ,certain entities ,whether they may be individual or
companies ,will be regarded as possessing rights and duties
enforceable at law.
Thus an individual may prosecute or be prosecuted for assault and a
company can sue or sued for the breach of contract.
They are able to this because the law recognises them as legal
person possessing the capacity to have and to maintain certain
rights and being subject to perform specific duties.
Function of the law is apportion such rights and duties to such
entities as it sees fit.
Legal personality also includes the capacity to enforce one’s
own rights and to compel other subjects to perform their
duties under international law. For example, this means that a
subject of international law may be able to:
bring claims before international and national courts and
tribunals to enforce their rights.
have the ability or power to come into agreements that are
binding under international law (for example, treaties).
enjoy immunity from the jurisdiction of foreign courts (for
example, diplomatic immunity).
be subject to obligations under international law (for example,
obligations under international humanitarian law).
Throughout the 19th century, only states qualified as subjects of
international law, but this scenario completely changed after the
conclusion of the Second World War with more and more new actors
joining the international legal arena. Intergovernmental organizations
created by the states; non-governmental organizations (NGOs) created
by individuals; and even natural persons like individuals emerged as
new actors. A subject of international law is a body or entity recognized
or accepted as being capable, or as in fact being capable, of possessing
and exercising international law rights and duties. The possession of
international legal personality means that an entity is a subject of
international law, and is capable of possessing international rights and
duties, and has the capacity to maintain its rights by bringing
international claims. The subjects of international law can be
categorized into:
States, International organizations, Individual
States:- The moment an entity becomes a state,
it becomes an international legal person and
acquires international legal personality. States
are the original subjects of international law,
and the branch of international law was
originally established to regulate relations
between the states.
International organizations:- an international organization is also an
important subject of international law, it is defined as an
organization established by a treaty or other instrument governed by
international law and possessing its own legal personality. The
United Nations and World Trade Organizations are examples of
international organizations.
It can be said that states have original personality and non-state
actors have derived personality. This is attributed to the fact that
states are considered to be international personalities the moment
they are identified as a sovereign state,
on the other hand, non-state actors like international organizations
derived their personality through other means. For example, the
rights and duties and its extent maybe described in their
constitutions, charters, and treaties that establish such organizations.
Individual

Starke – subject of international law as possess three main attributes

1- incumbent of right and duties
2- holder of procedural capacity for enforcing a claim before an international tribunal
3- possessor of interest for which provision is made by international law
A) holder of rights – Lawless case ( European court of human right)- court held that an individual is as
much a subject of international law as a state is.
B) Duties of individual
crime against peace and crime- not to commit piracy
war criminals are liable to punishment (not to involve in war crime )
Punishing who guilty of genocide( not to involve in genocide)
punishment for Aircraft hijacking etc.( not to involve in Aircraft hijacking)
C) procedural capacity of individual
Art 3 of the optional protocol to the international covenant on civil and political rights ,1976
provides individuals with the right to petition the human right committee in case of violation of any of
their civil and political right by the states.
Realist theory
•
If we see what the followers of this theory think then we come to know that
according to them the only subject of International law is the Nation States. They
believe that the Nation-states are the only entities for whose conduct the
International law comes into existence. The Nation States have separate legal
entities and have their own rights, duties and obligations which they can possess
under International law. So, according to the followers of the Realist theory, Nation-
states are the ultimate and only subjects of International law.
Fictional theory
According to the supporters of the fictional theory the only subjects of international
law are the individuals not the nation-states. The reason they gave that the legal
orders are for the conduct of human beings and for their wellness. And there’s
nothing much difference between Nation States and an individual because Nation
States are the aggregate of the individuals. And according to the followers
individuals are the sole subjects of International law.
Functional theory
In both the theories i.e. Realistic and Fictional adopted their opinion
without considering other subjects of International law. But the
functional theory tends to meet both the extremist theories. According
to this theory neither Nation States nor individuals are the only
subjects of International law. Even, not only the Nation States and
individuals are the subjects of International law but other entities have
been granted international personality and status and considered as
Subjects of International law.
After analyzing all the three theories then one can say that Functional
theory is more accurate and best suited for the modern area of
International law and also found suitable according to the world
condition and trend. Declaring any one subject as the sole subject of
International law is never a solution and hence, the other two theories
lag behind than the Functional Theory.
 statehood
Montevideo Convention (1933)
Article 1
The state as a person of international law should
possess the following qualifications:
a. permanent population;
b. defined territory;
c.government; and
d.capacity to enter into relations with the other
states.
Article 4
States are juridically equal, enjoy the same rights, and have equal
capacity in their exercise. The rights of each one do not depend upon
the power which it possesses to assure its exercise, but upon the
simple fact of its existence as a person under international law.
Article 5
The fundamental rights of states are not susceptible of being
affected in any manner whatsoever.
Article 6
The recognition of a state merely signifies that the state which
recognizes it accepts the personality of the other with all the rights
and duties determined by international law. Recognition is
unconditional and irrevocable.
Rights of states
1-Sovereignty and independence of state –Austro –German custom Union case, legality of threat or
use of Nuclear weapons
independence of state- power exclusively to control its own domestic affairs, power to admit or
expell aliens ,privileges and immunities of diplomatic envoys in other state,exclusive jurisdiction
over crime committed within its territory.
2-Equality of states-
3-Terrtorial jurisdiction
4-Right to self defence and self preservation

Duties of states
Duty not to resort to war
To fulfill treaty obligation in good faith
The duty of non intervention
Certain duties associated with independence of state –
duty not to perform act of sovereignty on the territory of another state,
duty not to allow in its territory preparations which are prejudicial to the security of another
state,
duty not to intervene in the affairs of another state etc.
 Territory
State territory is that defined portion of the globe which is subject to the
sovereignty of a state.
The state territory includes the land (all the dry land within the state boun
daries), the waters (both inland and territorial), and the air space over
both the land and the waters (the troposphere, stratosphere, ionosphere,
and a considerable part of adjacent outer space).
The mineral wealth located under both land and sea within this territory is
the property of the particular state as far down as is technically feasible.
A state without territory is not possible , although the necessary territory may
be very small ,as the vetican city …..A wandering tribe ,although it has a
government and is otherwise organised ,is not a state until it has settled down
in a territory of its own.
Article 2(4) of the United Nations Charter requires members to ‘refrain
in their international relations from the threat or use of force against the
territorial integrity or political independence of any State
 Modes Of Acquisition Of State
Territory
Occupation
Occupation is the act of appropriation by a state which it intentionally acquires sovereignty over
such territory as it is at the time not under the sovereignty of another state.
Jennings writes it is “the appropriation by a state of a territory, which is not at the time subject to the
sovereignty of any other state.
Article 42 of The Hague Regulations of 1907 defines occupation as follows: “Territory is
considered occupied when it is actually placed under the authority of the hostile army
Possession and Administration are the two essential factors required to constitute an
effective occupation.
In the Eastern Greenland case, the International Court of Justice stated that claims to sovereignty
“based not upon some particular act or title such as a treaty of cession but merely upon continued
display of authority, involve two elements, each of which must be shown to exist: the intention and will
to act as sovereign, and some actual exercise or display of such authority.
Prescription
A prescription can be defined as ‘the acquisition of sovereignty over a territory through a continuous
and undisturbed exercise of sovereignty over it during such a period as is necessary to create under
the influence of historical development the general conviction that the present condition of things is in
conformity with the international order

Prescription (a claim to a right founded upon enjoyment): Eastern Greenland Case (PCIJ,
1933), Island of Palmas Case
Accretion
Accretion refers to the physical expansion of an existing territory
through the geographical process
It is a customary rule of international law that enlargement of
territories by new formations, takes place ipso facto by accretion,
without the state concerned taking any special step for the purpose of
extending its sovereignty. Hence, accretion too is a direct mode of
acquisition of territory.
New formations through accretion may be natural or artificial. Artificial
formations include man-made embankments, breakwaters, dikes( on
smaller rivers and tributaries, dikes have been used primarily to divert
flow and stabilize eroding banks).etc. built along the river or coastline
Cession
Cession of the state territory is the transfer of sovereignty over state territory by the
owner state to another state. Its basis lies in the intention of the concerned parties to
transfer sovereignty over the territory in question, and it rests on the principle that
the right of transferring its territory is a fundamental attribute of the sovereignty of a
State – In re berubari union and Exchange of enclave cases,
union of india vs sukumar sengupta AIR 1990
Annexation – when a state conquers another state the conquering state after
conquest establishes its sovereignty over the conquered state
Lease- A state may give its territory to another state under lease for a certain
period. For certain period some right of sovereignty are transferred to another
state through lease although the complete sovereignty over the said territory is not
transferred. E.g. Island of Malta to Britain.
Pledge – sometimes a state become compelled to pledge a part of its territory in
return of some amount of money for which is in dire need . Example- in 1768
Republic of Geneo had pledged the island of Corsica to France
Plebisite- Kashmir
 Loss of territory
These are cession, dereliction, operation of nature, subjugation,
prescription and Revolt
Loss of territory by subjugation(annexation), cession, and prescription is
pretty straightforward and requires no further explanation.
It‟s simply the corresponding loss of territory due to the gain of
that territory by another state
operation of nature- by earthquake a coast of the sea or an island may
altogether disappear .
Revolt – When a new state takes birth by revolt then it may said that
former state has lost it territory for e.g. - in 1579 spain lost Netherland

dereliction- it means by renunciation of territory. When the owner state

completely abandons a territory with the intention of withdrawing from it
permanently and relinquishing sovereignty over it dereliction is effected.
Granting of independence to a colony by the Imperialist state
 sovereignty
The word sovereignty is derived from the french word Souverain
The word souverain is derived from latin word superanus which means an authority
having no other authority above itself.
defintions
That characteristic of the state by virtue of which it cannot be legally bound except by
its own or limited by any power other than itself. -Jellineck
(2) “Sovereignty is the sovereign political power vested in him whose acts are not
subject to any other and whose will cannot be over-ridden”. -Grotius
(3) “Sovereignty is the supreme power of the State over citizens and subjects
unrestrained by law”. –Bodin
Austin's concept of sovereignty has been discussed in his book ' Province of
Jurisprudence Determined
Sovereignty,as conceived by Austin , has four characterstics ( d,e ,i,un ,illi)
1- sovereignty must be determinate (d)
2- sovereignty is essential (e)
3- sovereignty is indivisible (i)
4- sovereignty is unlimited and illimitable( un and illi)
The international community is the community of
sovereign states at an international platform. For
any state to enjoy the rights, duties and obligations
of international law and to be a member of the
international community, recognition of the entity
as a state is very important. Only after recognition
of the entity as a state, it becomes acknowledged by
other states who are a member of the International
Community. International law considers the act of
recognition as an independent act of the existing
statehood community.
Recognition is
the formal acknowledgement or acceptance of a new state as an
international personality by the existing States of the International
community
According to Phillip Jessup recognition means that an existing state
acknowledge the political entity of another state by overt or covert act.
Recognition is a statement by an international legal person as to the
status in international law of another real or alleged international legal
person or of the validity of a particular factual situation.
Once recognition has occurred ,the new situation is deemed opposable to
the recognising state, that is the pertinent legal consequences will follow.
As such recognition constitute participation in the international legal
process generally while also being important within the context of bilateral
relations and ,of course ,domestically.
 theories of Recognition
:
There are two theories of Recognition are as follows-
Constitutive Theory:
Recognition is a process whereby a State is constituted, hence it is called as a constitutive theory. Hegel is a pioneer of this
theory. Which is supported and propounded by Anzilotti, Holland and Oppenheim.
According to Anzilotti, since the rules of International law have grown up by the common consent of the States, is a
subject of international law comes into being with the conclusion of the first agreement as expressed by the Treaty of
recognition. Such a recognition is reciprocal and constitutive, creating rights and obligations which did
not exist before.
According to Holland, a State cannot be said to have attained maturity unless it is stamped with the seal of recognition,
which is indispensable to the full enjoyment of rights which it Connotes.
According to Oppenheim, a State is and becomes, an international person through recognition only and exclusively.
According to this theory, recognition gives the rights and duties to recognized States under the international law. The
recognition of Poland Czechoslovakia through the instrumentality of the Treaty and Versailles lends support to the
constitutive theory of recognition.
Criticism of constitutive theory
First- recognition is of political act of a state.if this theory is
accepted ,it would mean that the fate of new state would be
determined by other states. i.e. recognition is not a conclusive
proof for the existence of a state.
Second- there is no legal duty on the part of the existing state to
recognize any community that has in fact acquired the characterstics
of statehood . State are not obliged to recognise the other country.
Third- a state exist prior to its recognition. Recognition has a
retrospective effect i.e. when a new state is recognized by other
states,the latter is regarded to have recognised all the acts of the
former from the date of its establishment.
Fourth- a state do have some rights and obligations under
international law,even without recognition.
Declaratory Theory: – The chief exponents of this theory are Hall, Wagner, Fisher
and Brierly.
According to this theory, the statehood or the authority of new Government is not
dependent on the consent of the existing state but is based on some prior or existing
fact. According the followers of this theory, the recognition by the existing states is
merely a formal acknowledgement of the statehood and not the condition. In fact the
statehood is dependent on the some prior conditions necessary for an entity to be
called as a state.
The act of recognition is merely declaratory or evidence of a existing fact that a
particular state or government possesses the essential attribute as required under
international law.
•

Recognition is declaratory as well as constitutive act .Oppenheim said that

recognition declaratory of an existing fact but constitutive in its nature at least so far
as concerns relation with the recognised states.
 Forms of recognition
1. Expressed Recognition
When an existing state recognises a new state expressly through official declaration or
notification, it is considered to be the expressed form of recognition. Express
recognition can be made through any express or formal means such as sending or
publishing declaration or statement to the opposite party.
LITHUANIA ,Estonia ,and Latvia were expressely recognised by India .
2- Implied Recognition
When the existing state recognises a newly formed state through any implied act, then
it is considered as an implied recognition. Implied recognition can be granted through
any implied means by which a current state treats the newly formed state as an
international person. The implied credit not granted through any official notification or
declaration. The recognition through implied means varies from case to case.
Unilateral acts- like exchange of consuls
Collective acts- when an unrecognised state participate in multilateral treaty.
3-Conditional recognition
The recognition of state with which certain conditions are attached in order to obtain its status as a
sovereign state is conditional recognition. The conditions attached varies from state to state such as
religious freedom, the rule of law, democracy, human rights etc. The recognition of any state is already
associated with the essential conditions to be fulfilled for the status of a sovereign state but when
addition condition is attached it is conditional recognition.
in 1978 while recognising bulgaria and romania Germany imposed the the condition that the
said states shall not discriminate their citizen on the basis of religion.

4-PREMATURE RECOGNITION- some times recognition is granted to an entity even if it does not
possess attribute of statehood.
It is to be noted that premature recognition given to a state amount to an unwarrnated and
illegal internvention in the affairs of the existing state.
The recognition of Israel by the U.S. in 1948 is the such example.

A clear example of premature recognition is that of the

Georgian regions of South Ossetia and Abkhazia, which have established separate de
facto governments with Russian support.
In Collective Recognition,
the relationship is between the state which is to
be recognized and all the states which are
recognizing it.. Collective Recognition is generally
done by multilateral treaty, convention,
conferences, and meetings. For example – when a
state is admitted to the united nation , it will mean
collective recognition by those state which voted in
favour of the admission of such a state.
Legal Effects of recognition
When a state acquires recognition, it gains certain rights,
obligations and immunities such as.
It acquires the capacity to enter into diplomatic relations with other
states.
It acquires the capacity to enter into treaties with other states.
The state is able to enjoy the rights and privileges of international
statehood.
The state can undergo state succession.
With the recognition of state comes the right to sue and to be sued.
The state can become a member of the United Nations organisation.
THE LEGAL EFFECTS OF RECOGNITION
The English courts have adopted the attitude over many years that an entity
unrecognised by the
Foreign Office would be treated before the courts as if it did not exist and
accordingly it would not be able to claim immunity before the courts .
The leading case in English law on the issue of effects of recognition of an
entity within the domestic sphere is
Luther v. Sagor 1921 3 KB 532
This concerned the operations and produce of a timber factory in Russia owned
by the plaintiffs, which had been nationalised in 1919 by the Soviet government. In
1920 the defendant company purchased a quantity of wood from the USSR and this
was claimed in England by the plaintiffs as their property since it had come from what
had been their factory. It was argued by them that the 1919 Soviet decree should be
ignored before the English courts since the United Kingdom had not recognised the
Soviet government. The lower court agreed with this contention and the matter then
came to the Court of Appeal.
In the meantime the UK recognised the Soviet government de facto
and the Foreign Office informed the Court of Appeal of this in writing.
The result was that the higher court was bound to take note of the
Soviet decree and accordingly the plaintiffs lost their case, since a court
must give effect to the legislation of a recognised state or government.
The Court also held that the fact that the Soviet government was
recognised de facto and not de jure did not affect the issue. Another
interesting point is that since the Foreign Office certificate included a
statement that the former Provisional Government of Russia
recognised by the UK had been dispersed during December 1917, the
Court inferred the commencement of the Soviet government from
that date.
The essence of the matter was that the Soviet
government was now accepted as the sovereign
government of the USSR as from December
1917. And since recognition once given is
retroactive and relates back to the date that the
authority of the government was accepted as
being established.
De facto Recognition
1-De facto recognition is a provisional and
factual recognition.
2-De facto recognition is granted when
there is the fulfilment of the essential
conditions of statehood
3-De facto recognition is a primary step
towards grant of de jure recognition
4-De facto recognition can either be
conditional or non-conditional.
5-De facto recognition is revocable in
nature.
6-The states recognised under this
mode have only a few rights and
obligations against other states.
7-The state with de facto cannot
undergo state succession
De jure Recognition
1-De jure recognition is legal
recognition.
2-De jure recognition is granted when the
state fulfils all the essential condition of
states along with sufficient control and
permanency.
3-De jure recognition is the final step of
recognition
4-De jure recognition is a final and non-
conditional recognition
5-De jure recognition is non-revocable. 6-
The state recognised under this mode
have the absolute right and obligations
against other states.
7-The state with de jure recognition can
under state succession.
Obliteration of distinction between de jure and defacto recognition
the relationship between a de facto government and a de jure government as far as
English courts were concerned, manifested itself again during the Spanish Civil War.
The case of the Arantzazu Mendi
concerned a private steamship registered in Bilbao in the Basque province of Spain. In
June 1937, following the capture of that region by the forces of General Franco, the
opposing Republican government issued a decree requisitioning all ships registered in
Bilbao. Nine months later the Nationalist government of Franco also passed a decree
taking control over all Bilbao vessels. In the meantime, the Arantzazu Mendi itself was
in London when the Republican government issued a writ to obtain possession of the
ship. The owners opposed this while accepting the Nationalists’ requisition order.
It was an accepted rule of international law that a recognised state cannot be sued or
otherwise brought before the courts of another state. Accordingly, the Nationalists
argued that since their authority had been recognised de facto by the UK government
over the areas they actually controlled, their decree was valid and could not be
challenged in the English courts. Therefore,
 Rights and Duties arising out of State
succession:
•
When a state takes the place of another state following rights
and duties arise.
(1) Political Rights and Duties: No Succession takes place in
respect of political duties and rights.
The peace treaties or the treaties of neutrality entered into by
the previous State aren’t binding on the new State.
But the only exception here is in case of human rights
treaties since it would be desirable for the new State to
adhere to such terms.
Other than this, the new State would have to enter into
new political treaties of its own
(2) Local rights and duties: In respect of land, rivers, roads, railways
etc., therefore the succeeding state succeeds the rights and duties of
the former state.
Debts: It depends on the discretion of succeeding state whether to
pay or not to pay the public debts of the former state.
Nationality: The nationals of the former state lose their nationality at
the extinction of the state and become the nationals of new state.
Laws: As far as the law of the former states is concerned, civil law
continues until it is changed by the succeeding state.
Public funds and public property: The successor state takes over the
public funds and public property of the predecessor state.
UDHR( Universal Declaration of Human
rights )
Second World War lead to the creation of the adopting of the Universal
Declaration of Human rights on 10 December, 1948
Article 1 of the Universal Declaration proclaims that “All human beings are
born free and equal in dignity and rights”.
Again according to article 2 “Everyone is entitled to all the rights and
freedoms set forth in this Declaration without distinction of any kind, such as
race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status
Civil rights include -Article 3 Everyone has the right to life, liberty and
the security of person
Article 4. No one shall be held in slavery or servitude
Article 5 No one shall be subjected to torture
Article (6-11) Right to equality before law and legal remedies etc.
Economic social and cultural rights include – social security (art 22)
Right to work ,employment ,right to education (art.26)etc.
 International Covenant of Civil and
Political Rights (ICCPR)1966
Total 53 article with VI parts
The United Nations International Covenant of Civil and Political Rights (ICCPR) attempts to ensure the protection of civil
and political rights. It was adopted by the United Nations’ General Assembly on December 19, 1966, and it came into
force on March 23, 1976.
The rights protected under the ICCPR include:
Article 6 – Right to life.
Article 7 – Freedom from torture. Article
8 – Right to not be enslaved.
Article 9 – Right to liberty and security of the person. Article 10 –
Rights of detainees.
Article 11 – Right to not be imprisoned merely on the ground of inability to fulfil a contractual obligation. Article 12 –
Freedom of movement and choice of residence for lawful residents.
Article 13 – Rights of aliens.
Article 14 – Equality before the courts and tribunals. Right to a fair trial.
Article 15 – No one can be guilty of an act of a criminal offence which did not constitute a criminal offence. Article
16 – Right to recognition as a person before the law.
Article 17 – Freedom from arbitrary or unlawful interference. Article 18 –
Right to freedom of thought, conscience and religion. Article 19 – Right to
hold opinions without interference.
Article 20 – Propaganda for war shall be prohibited by law.
Article 21 – Right of peaceful assembly.
Article 22 – Right to freedom of association with others. Article
23 – Right to marry.
Article 24 – Children’s rights
Article 25 – Right to political participation. Article 26 –
Equality before the law.
Article 27 – Minority protection.
OPTIONAL PROTOCOLS:
There are two optional protocols to the ICCPR which gives additional human rights
protections.
First Optional Protocol:
This protocol allows victims claiming to be victims of human rights violations to be
heard. The Human Rights Committee (Committee), which is established by the
Covenant, has the jurisdiction to receive, consider and hear communications from
victims. The first Optional Protocol came into force with the Covenant. There are
currently 35 signatories and 115 parties to this protocol.
India has not ratified the optional protocol I to the covenant on civil and political
rights, which allowed individuals to petition against the state to the human right
committee.
Second Optional Protocol:
This protocol aims to abolish the death penalty. It was entered into force on July 11,
1991 and it currently has 37 signatories and 81 parties.
 International Covenant on Economic,
Social and Cultural rights,1966
The ICESCR is a multilateral treaty adopted by the United Nations General Assembly
on 16 December 1966 as part of the larger resolution on Universal Declaration of
Human Rights. It aspires to provide non-self governing and trust territories and
individuals , labour rights, right to health , right to education and the right to an
adequate standard of living .
Article 2: right to non-discrimination and the right to an effective remedy
Article 3: equal right of men and women to the enjoyment of economic, social and
cultural rights in the ICESCR
Article 6: right to work
Article 7: right to just and favourable conditions of work
Article 10: protection of the family, mothers, children and young persons
Article 11: right to an adequate standard of living, including adequate food
Article 12: right to health
Article 13: right to education
Article 14: primary education
Article 15: right to participate in cultural life
 LAW of SEA
The seas have historically performed two important functions: first, as a medium of
communication; ssand, secondly, as a vast reservoir of resources, both living and non-
living.
Both of these functions have stimulated the development of legal rules.
Sea is divide into 3 parts
Maritime zone
Contiguous zone
High sea
There is maxim called mare liberum or freedom of the sea.
due to economic interest the mare liberum maxim gets eclipsed.
Series of conferences were held to reconcile the conflicting interest of the state in
sea. Among them
In 1982 Third united nations conference on law of sea (UNCLOS III) is very
important .

The 1982 Convention contains 320 articles and 9 Annexes

Internal Waters
Internal (or inland) waters are the waters on the
landward side of the baseline from which the breadth of
the territorial sea is measured. The coastal State has full
sovereignty over its internal waters as if they were part
of its land territory. The coastal State may exclude
foreign flag vessels from its internal waters subject to the
right of entry of vessels in distress. The right of innocent
passage does not apply in internal waters. Examples of
internal waters include rivers, canals, and lakes, including
The Great Lakes.
Baselines
By virtue of the 1958 Convention
on the Territorial Sea and the 1982 Law of the Sea Convention, the low-water line of a low-tide
elevation may now be used as a baseline for measuring the breadth of the territorial sea if it is
situated wholly or partly within the the territorial sea measured from the mainland or an island
The width of the territorial sea is defined from the low-water mark around the coasts of the
state.This is the traditional principle under customary international law and was reiterated in
article 3 of the Geneva Convention on the Territorial Sea and the Contiguous Zone in 1958 and
article 5 of the 1982 Convention, and the low-water line along the coast is defined ‘as marked
on large-scale charts officially recognised by the coastal state
•
Sometimes, however, the geography of the state’s coasts will be such as to cause certain problems: for
instance, where the coastline is deeply indented or there are numerous islands running parallel to the
coasts, or where there exist bays cutting into the coastlines. Special rules
have evolved to deal with this issue.
This point was raised in the Anglo-Norwegian Fisheries case, ICJ 1951
before the International Courtof Justice. The case concerned a Norwegian decree delimiting its
territorial sea along some 1,000 miles of its coastline. However, instead of measuring the territorial sea
from the low-water line,
the Norwegians constructed a series of straight baselines linking the outermost parts of the land
running along the skjaergaard (or fringe of islands and rocks) which parallels the Norwegian
coastline. This had the effect of enclosing within its territorial limits parts of what would
normally have been the high seas if the traditional method had been utilised. As a result, certain
disputes involving British fishing boats arose, and the United Kingdom challenged the legality of
the Norwegian method of baselines under international law. The Court held that it was the outer
line of the skjaergaard that was relevant in establishing the baselines, and not the low-water line
of the mainland. This was dictated by geographic realities. The Court noted that the normal
method of drawing baselines that are parallel to the coast (the tracé parallèle) was not applicable
in this case because it would necessitate complex geometrical constructions in view of the
extreme indentations of the coastline and the existence of the series of islands fringing the
Coasts.
The court held that in the normal coast the low –water line is base line. But straight baseline system can
be used on the basis of geographic ,economic and historic considerations.
 Territorial Sea or meritime belt or
territorial waters
There has historically been considerable disagreement as to how far
the territorial sea may extend from the baselines. Originally, the
‘cannon-shot’ rule defined the width required in terms of the
range of shore-based artillery, but at the turn of the nineteenth
century, this was transmuted into the 3-nautical mile rule
Now under united nations conference on law of the sea 1982
LIMITS OF THE TERRITORIAL SEA
Article 3
Breadth of the territorial sea
Every State has the right to establish the breadth of its territorial
sea up to a limit not exceeding 12 nautical miles, measured from
baselines determined in accordance with this Convention.
Right of states over territorial state
The sovereignty of a coastal State extends, beyond its land territory and
internal waters and, in the case of an archipelagic State, its archipelagic
waters, to an adjacent belt of sea, described as the territorial sea.
Article 19
Right of innocent passage
The docterine of innocent passage reconciles the interest of the world
community on the one hand , and the coastal states on the other
Meaning of innocent passage
. Passage is innocent so long as it is not prejudicial to the peace, good order
or security of the coastal State. Such passage shall take place in conformity
with this Convention and with other rules of international law
Passage of a foreign ship shall be considered to be prejudicial to the
peace, good order or security of the coastal State if spying ,fishing ,causing
marine pollution, launching or taking on board any aircraft is there.
 contiguous zone
The contiguous zone may not extend beyond 24
nautical miles from the baselines from which the
breadth of the territorial sea is measured.
the coastal State may exercise the control
necessary to
prevent infringement of its customs, fiscal,
immigration or sanitary laws and regulations
within its territory or territorial sea;
in contiguous zone only police and revenue
jurisdiction could be excercised by coastal state.
 CONTINENTAL SHELF
Article 76
Definition of the continental shelf
The continental shelf of a coastal State comprises the seabed and subsoil of the
submarine areas that extend beyond its territorial sea throughout the natural
prolongation of its land territory to the outer edge of the continental margin, or to a
distance of 200 nautical miles from the baselines from which the breadth of the
territorial sea is measured where the outer edge of the continental margin does not
extend up to that distance
Rights of the states (article 77)
Coastal state can not exercise sovereignty over this part of sea. However they
may exercise it for the purpose of exploring it and exploiting its natural resources.
The rights referred above are exclusive in the sense that if the coastal State does not
explore the continental shelf or exploit its natural resources, no one may undertake
these activities without the express consent of the coastal State.
India position on continental shelf
Sec 6 of indian maritime zone act ,1976
India has, and always had, full and exclusive
sovereign rights in respect of its continental shelf.
-sovereign rights for the purposes of exploration,
exploitation, conservation and management of all
resources
-exclusive rights and jurisdiction for the construction,
maintenance or operation of artificial islands, off-shore
terminals
-right to scientific research
- right to protect marine environment
 exclusive economic zone
or patrimonial sea
Article 56
Rights, jurisdiction and duties of the coastal State in the exclusive economic zone
In the exclusive economic zone,
the coastal State has:
(a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the
natural resources, whether living or non-living, of the waters superjacent to the seabed and of the
seabed and its subsoil, and with regard to other activities for the economic exploitation and
exploration of the zone, such as the production of energy from the water, currents and winds;
(b) jurisdiction as provided for in the relevant provisions of this Convention with regard to: (i) the
establishment and use of artificial islands, installations and structures; (ii) marine scientific research;
(iii) the protection and preservation of the marine environment;

Article 55 provides that the zone starts from the outer limit of the territorial sea, but by
article 57 shall not extend beyond 200 nautical miles from the baselines from which the
breadth of the territorial sea is measured.
Article 58 Rights and duties of other States in the exclusive economic zone
all States, whether coastal or land-locked, enjoy, navigation and overflight and of the laying of
submarine cables and pipelines.
 THE HIGH SEAS

all parts of the sea that are not included in the exclusive economic zone, in the
territorial sea or in the internal waters of a State, or in the archipelagic waters of an
archipelagic State are called as The high SEAS.
Article 87
Freedom of the high seas
. The high seas are open to all States, whether coastal or land-locked. Freedom of the
high seas is exercised under the conditions laid down by this Convention and by
other rules of international law.
It comprises, inter alia, both for coastal and land-locked States:
(a) freedom of navigation;
(b) freedom of overflight;
(c) freedom to lay submarine cables and pipelines, subject to Part VI;
(d) freedom to construct artificial islands and other installations permitted under
international law,
(e) freedom of fishing,
(f) freedom of scientific research,
 Syllabus for exam
-1Subjects of International Law:

The Concept of Subject of Law and of Legal Personality, Various Theories like
Realistic Theory, Fictional Theory, Functional Theory, State as Subject, Definition
and Conditions for Statehood, rights and duties of states, Territory, Modes of
acquisition and loss of state territory,
2-Recognition:

De Facto and De Jure, Theories of Recognition,

3- Individual as a subject of International Law:

Human Rights, UDHR, Covenant on Civil Political Rights,1966, Covenant on

Economic Social and Cultural Rights, 1966.
5--Law of the Sea: Historical Background, Maritime Belt, Territorial Sea,
The Contiguous Zone, Exclusive Economic Zone, Continental shelf, The High Seas,
International Sea Bed Area, Common Heritage of Mankind , Law of the Sea
Conventions (United Nations Convention on the Law of the Seas).