International Law CSS/PCS

 Historical Development of International Law

Divided into three main areas.

1. Development during medieval age and before

Four Main Contributions
1) Contribution of Jews
 They believed in internationalism
 They had followed laws of treaties
 They conferred privileges and immunities to diplomatic agents.
2) Contribution of Greeks
 They developed laws of war and peace
 They resolved the disputes through arbitration
 They developed the laws for the exchange of prisoners of war.
3) Contribution of Romans
 They developed further laws of wars (they differentiate between just (legal) & unjust (illegal) war)
 They gave four condition on which war is just-war (legal war) i.e. attack on Roman territory, violation of
laws of treaties, violation of diplomatic immunities, assistance to an enemy state by a friendly state of
Rom.
 Rom developed different of types of treaties
 Romans developed sources of laws just-naturally (natural or divine laws) and just-gentium (costmary
laws)
4) Contribution of Muslims
 Muslim differentiate between Combatants and Non-combatants
 Laws of war and peace
 Laws of treaties
 Diplomatic immunities
2. Development during 16th and 17th century
1) Treaty of Westphalia 1648.
 It abolished feudalism and
 It transferred the power of law making from Church to State (three school of thoughts developed for
making law ((naturalist, positivist “basis of I Iaw”), grotian.)
 Naturalist School of thought: in the beginning law of nature was connected with religion and it was
termed as “divine law.”
 Later on, this concept was secularized by the Jurist of 16 th and 17th century (credited goes to Hugo
Grotiou) and termed as “dictate of right reason”
 According to them it was an ideal law fond in the nature of man as a reasonable being “rational
thinking.”
 It refers to the use of reason to analyze human nature and deduce rules from it.
 Law of nations or international law is only a part of law of nature (naturalist) in other-words, naturalist
is the basis of international law.
 Criticism, each supporter of this school gave its, different meanings, that is, reason, justice, general
interest of the society.
 Positivist School of thought: law enacted by appropriate legislative authority is binding.
 Only those rules are law, which have been consented by states and states have accepted the binding
nature of those rules.
 In other words, consent/will of the states is the basis of international law.
 (Pacta sunt servanda) ‘agreement must be kept’
 According to positivist treaties and customs are only the sources of international law.
 Criticism, article 2(4) of UN Charter, those states which are not members of UN, even then, they have to
follow the obligations of UN charter.
 Grotious School of thought, this school stood between naturalist and positivist.
 Essential elements of Grotious School, the subjugation of totality of international relations to the rule of
law, acceptance of law of nature as an independent source of international law, recognition of essential
identity of states and individuals, binding force of promises.
 Hugo Grotious is known as father of International law.
3. Development during 18th century to onwards/present.
1) Transformation of European International law into law of Nations.
2) World War I (1914-1918)
 3) League of Nations (10th January 1920)
4) WWII( 1939-1945)
5) United Nations 24 October, 1945. “Concert Chapter United Nations”
Note: proceeding chapters will shed light thoroughly on each of the aforesaid topics

 Sources of International Law

1. Sources of International Law.

1) Treaties and conventions
 “A treaty is an agreement whereby two or more states established or seek to established relationship
between them governed by International Law.” (Article 2 of Vienna Convention on the Laws of treaties
1969)
 Types of Treaties
i. Law making treaties:
o Performs the same function in an International field as legislation does in the State field. Law
making treaties are the means through which can adapted in accordance with changing tie and
circumstances.
o Treaties which give law of universal nature e.g. UN Charter
o Treaties which give general principles e.g. laws of treaties 1969
ii. Treaty Contracts
o Treaties contracts are entered into by two or more states and the provisions of such treaties are
binding only on the parties to the treaty.
2) Customs
 Usages are non-binding in nature, while, the customs are binding in nature.
 Usages are initial stage of customs, while, customs are the final stage of usages.
 No penalty on the violation of usages; however, has penalty on violation of customs.
 Essential Elements of Customs
 Long duration is not necessary
 Complete uniformity is not required but substantial uniformity
 Generality of practice
 Opinio juris (Custom must be recognized as required by International Law)
3) General principles of law recognized by civilian nations
 These are those principles which are recognized not only by domestic law but also international law.
 These are principles which have been followed in laws of different civilizations that is Roman law,
Islamic law etc.
 These are those principles which are necessary response to human association (society) e.g. Res
judicata, Estoppel etc.
Note: First three sources of IL are known as “direct /formal/ sources”
They are binding in nature.
4) Decisions of Judicial or Arbitral Tribunals
 Judicial Tribunals
 Name of forum is International Court of Justice
 According to 59 Articles of Statues of ICJ the decision of ICJ is binding upon the party in that
particular murder
 According to Article 94 of UN if one party deify the decision of the ICJ, the other party will
approach the Security Council and Security Council will implement that decision
 Doctrine of precedent (it is not necessary for an ICJ to strictly follow it)
 Advisory the opinion of ICJ is non-binding in nature
 Ex aequo et bono (where the party agrees) “jab mian bivi razi to kya kar qazi”
 Arbitral Tribunals
 Permanent Court of Arbitration (it is neither court nor permanent)
 Members of permanent court of Arbitration are called Arbitrators
 Arbitrators are appointed with the consent of the parties.
 Decisions of an Arbitrator is called award
 Award is binding upon the parties
 It is not necessary for an arbitrator to strictly follow law.
 He may gives political or diplomatic solution.
5) Juristic work
 Although juristic work is not direct source of International Law yet the view of jurist helps in the
development of International Law.
 6) Decisions of organs of international institutions
 In institutional matters their decisions are the intermediate or final steps in the development of
customary rules. For example, it was ruled by Security Council of the Unite Nations that if any
member absents from the Security Council meeting then it will not be deemed to be a veto. This
decision has helped in the development of the international customs on this point. Similarly, the
Security Council can decide whether a matter is procedural or important. Such decisions may help
in the development of an international custom on the point.
7) Other sources
 Reasoning (Qiyas)
 Equity: Allows court/judges to use their discretion and apply justice in accordance with natural
law. Equity is set of maxims. Equity is flexibility. The quality of being fair and impartial (Ihtisan)
Note: known as “indirect/informal/material sources”
According to article 38(1) of Statues of ICJ only first five are the sources of International Law.
They are non-binding in nature.

 Acquisition and Loss of Territory (Short Note)

1) Occupation: “Consist in establishing sovereignty over a territory not under the authority of any other
state whether newly discovered or an unlikely case abandoned by the state previously in control”. (Starke)
2) Subjugation: State subjugated was previously under the sovereignty of another state.
3) Modes of Acquisition of territory:
i. Prescription; peaceful exercise of de-facto sovereignty for a long period over a territory subject
to the sovereignty of other.
ii. Accretion; through natural cause
iii. Cession; territory may be voluntary or it may be under compulsion we transferred to another
state
iv. Annexation; when state conqueror a territory (illegal mode)
v. Lease; ownership remained with parent state but position is transferred
vi. Pledge; get territory through loan. (Girvary)
vii. Plebiscite; get territory through vote
viii. Newly emerged states.
ix. Reward
4) Mode of losing territory
i. Same just reversed the aforesaid Mode of Acquisition.
ii. Like Cession. As pointed out earlier, a territory may be acquired through cession. As one State
acquires the territory through cession, the other State losses it. Similarly, Accretion, operation of
Nature. Sometimes a State may lose its territory through the operation of nature, for example by
earthquake a coast of the sea or an island may altogether disappear, similarly, the change in the
course of rivers may also result in the loss of territory.

 Recognition of State
1. Definition:
 “In recognizing a state as a member of international community the existing state declared that in
their opinion the new state fulfils the conditions of statehood.” (Oppenheim)
2. Essential Elements of Statehood.
 According to, article 1 of Montevideo Convention 1933, following are the essential elements.
i. A Government
ii. A Permanent Population
iii. A definite Territory
iv. Capacity to enter into relations with other states.
3. Theories of Recognition
i. Constitutive theory
 States gets rights and duties under International Law when they are recognized by other
states.
 It is the legal duty to state to recognize the state which posses the attributes of statehood.
 When a state recognized another state some legal effects (rights and duties) ensure to arise
of fit that is said to be of constitutive nature.
ii. Declarative theory
 State gets rights and duties under International law when they possess the attributes of
statehood and recognition is not a condition precedent for getting rights and duties, in fact,
recognition is mere declaration.
  According to proponents of this theory, recognition upon discretion and sweet will of the
state.
 According to Soviet view, birth of the state is a matter of ‘Domestic Law’ rather than
International Law.
Note:
CT=R/d –R According to CT, (State gets ‘rights & duties’, when recognized)
DT=R/d – SH According to DT, (State gets ‘rights & duties’, when it fulfills its elements)
4. Modes of Recognition
i. De-facto recognition
 Recognizing states grants de-facto recognition to a recognized state on the following
conditions.
 When there is doubt its stability
 It may be possible that the state recognized may refuse to solve its main problems
 It may be possible that the state recognized couldn’t fulfills its international obligations
ii. De-jure recognition
 British practice shows that there are three conditions for de-jure recognition
 Reasonable assurance of stability
 The government should command the respect of majority of the population of that territory
 It should be able and willing to carry out its international obligations.
Comparison

De-facto Recognition De-jure Recognition

 Withdrawal is possible
 It is not a permanent status
 No diplomatic relations between
recognizing and recognized states
 Withdrawal is not possible
 It is a permanent status
 There will be diplomatic relations
between recognizing and
recognized states

5. Consequences of Recognition
 Diplomatic relations between recognizing and recognized state
 Recognizing and recognized States can enter into a treaty
 Recognizing and recognized States can enter into trade
 Recognizing and recognized State accept the sovereignty of each other
 Recognizing and recognized State sue each other
6. Consequences of Non-recognition
 No diplomatic relations
 State cannot enter into treaty
 No trade
 Cannot accept sovereignty
 Cannot sue each other
7. Employed Recognition
 Recognizing State may made treaty or trade or open an embassy in recognized state, in spite of being,
not declaring directly recognition; however, it can be de-jure recognized.

 Recognition of Government
1. Introduction:
 As for as, the recognition of government is concerned, it depends upon facts and circumstances.
 If the change in government takes place in accordance with constitutions provisions or through
peaceful means than such government normally received to recognition from other state.
 If the change in government takes place by the use of force or revolution in such a case other states
have to see……error.

 Recognition of Individuals
1. Rebels
 They are non-recognized by law and treated as ‘hosts generous humans’ (public enemy).
 e.g. Pirates (domestic law is applicable on rebels)
2. Insurgents
 Insurgents are recognized by law and non-treated as public enemy.
 Insurgency is matter of municipal law or domestic law.
  Essential Conditions for the Recognition of Insurgents
 Control over a considerable portion of territory
 Considerable support to the insurgents from the majority of the people of that territory.
 No treaties applicable except humanitarian grounds.
 e.g. Tehrik-i-Tablan TTP
3. Belligerents
 When insurgents are well organized conduct hostilities according to laws of war and have definite
territory under their control, they may be recognized as belligerents whether or not the parent state
as already recognized that status .
 Belligerency the matter of International law.
 Essential conditions for the Recognition of Belligerents
 The army conflicts is to be a general character
 The insurgents occupy and administrator major portion of territory
 They conduct hostilities through army forces under the responsible authority; moreover, they
conduct hostilities in accordance with laws of war.
 Most of the treaties are applicable.
 e.g. ISS (ISS funding by ‘Musad’ Israel’s IA which is supported by (US) documents leaked by “Advens
Nodon” now he is in Russia (Asylum seeker), Daesh.

 Intervention/Use of Force
1. Definition:
 “Intervention is dictatorial interference by a state in the affairs of in other state for the purpose of
maintaining or altering the actual condition of things.” (Oppenheim)
2. Principles of Non-intervention in UN Charter
 2(4) States are not allowed to intervene in the affairs of an other states
 2(4) in actual words, “All States have to refrain from use of force against territorial integrity and
political independence of other state.”
 2(7) UN is not allowed to intervene in the domestic affairs of any state.
3. Armed Attack
 “A minimum condition for use of force in self-defence is an instant necessity for self-defence leaving
no choice of means and no movement for deliberations” (Webster) “Coroline Case)
 “ICJ held that valid use of force in terms of self-defence is that there is need to be immediate
proportionate and necessary attack.” ‘Corfu Channel Case’
Article 51 of UN Charter, right of self- defense is subject to following conditions.
 Firstly, there should be an armed attack.
 Secondly, it should be reported to Security Council
 Thirdly, it is subject to the review of Security Council
 Fourthly, the right exists until the Security Council have taken any action
 Fifthly, the right shall not attack the responsibility to maintain international peace and security.
4. Self-preservation and Self-help
 These concepts were under League of Nations
 States can attack even if other state is preparing military for an attack (future threats)
 These concepts provide wider scope for intervention
5. Chapter 07, of Security Council.
 Article 39, ‘Recommendations’
 Article 41, ‘Sanctions’
 Article 42, ‘Blockade’
 Article 43, ‘Armed Attack’
6. Article 24 of UN Charter
 Members confer primary responsibility to the Security Council to maintain international peace and
security.
 And that Security Council will act on behalf of all members.
 And also collective self-defense
7. Article 53 of UN Charter
 Security council can send regional organizations for enforcements under its authority
 Nicaragua vs. US
 Congo vs. Uganda
 ICJ held that, sending by or on behalf of terrorist or band groups could not be a justification for
intervention.
8. Resolution of Security Council
 The operative part of Security Council resolution 1368 termed those attacks (9/11) as terrorist attacks
and this resolution does not authorized United State of America for intervention.
 Another resolution 1373, passed by Security Council peaceful methods were discussed for
intervention.
9. Grounds of Intervention
 Firstly, Self-Defense and Self-Preservation (Explained already)
 Secondly, Humanitarian Grounds
 Under article 1, the UN Charter, has declared that protection of international cooperation is respect
of human rights is one of the purposes of charter
 Under article 5, and 56 of the Charter, the members have undertaken the responsibility to take
collective action in this connection
 Thirdly, to enforce treaty rights.
 Fourthly, intervention to prevent illegal intervention.
 Fifthly, for protection of person and their property.
 Sixthly, Collective intervention (Already Explained)
 Seventhly, Intervention to maintain International Law.
 Last, Intervention in Civil Wars. (If civil war threat international peace, massive human rights etc.)
10. Intervention under League of Nations and United Nations and the Concept of Domestic
Jurisdiction
 2(7) no intervention in domestic issue, however, if domestic issue threats international peace, or
massive human rights, or rebels became belligerents than intervention is allowed.
 And if state asked any state for intervention than, intervention is legal.

 Monroe Doctrine Short Note

1. The state of American Continent would no more be made subject of colonization in future.
2. America would not interfere in the mutual wars of European States
3. If the European States interfere in the affairs of American continent than America would consider it
an unfriendly act and would take necessary action in this connection.
4. Note: These are based on Principles of Non-intervention, however, no legal values.

 Laws of Seas
1. Territorial Waters
 Territorial Water is also known as Maritime Belt and Marginal Zone from surface to 12 Nautical Miles.
 Costal state has the title over territorial water in other words costal state has sovereignty over this
portion
 Costal state has civil and criminal jurisdiction
 Costal state has control over resources
 Note when the coast of two states are opposite or adjacent to each other, neither of the two is the title
filling agreement between them to the contrary, to stand its territorial sea behond the median line every
point of which is equidistance from the nearest point on the base lines from which length of the territorial
sea of each of the two states is measured.
 Innocent Passage
 In term Innocent passage may be defined as passing through the territorial sea from high seas to
high seas and proceeding to or from a port.
 Costal state shall not stop an foreign vessels in innocent passage except in the following
conditions.
 Firstly, any threat or use of force.
 Secondly, any exercise or practice with weapons
 Thirdly, collecting information
 Fourthly, any act of propaganda
 Fifthly, any act of willful and serious pollution
 Sixthly, any fishing activities
 Seventhly, carrying out research etc.
Civil Jurisdiction
 Costal state shall not stop or Dilbert any foreign vessel for the purpose of excising civil
jurisdiction
Criminal Jurisdiction
 Costal state shall not exercise criminal jurisdiction except:
  Firstly, if the consequences of crime extend to the coastal state
 Secondly, if the crime of such a nature that is disturbed the peace of the coastal state
 Thirdly, if the ship is involve in drugs trafficking
 Fourthly, if the assistance of global authorities has been requested.
 Other states need consent of costal state for navigation and over-flights in this portion
2. Contiguous Zone
 Contiguous Zone is now part of EEZ. So focus on EEZ
3. Exclusive Economic Zone
 Title does not belongs to coastal states, in other words coastal state cannot claim its sovereignty over
this portion extend from surface to 200 NM.
 Coastal state has exclusive economic right over this portion and not other state. That is, exploration,
and exploitation of resources and energy generation, fishing activities artificial island, pipelines,
submarines cables etc.
 Other states need consent of coastal state for all the economic activities but, they have freedom of
navigation and over-flights.
4. Continental Shelf
 Title does not belong to coastal state, in other words, coastal state cannot claims its sovereignty over
this portion.
 Coastal state has exclusive economic right; that is, exploration and exploitation of sea-bed and sub-
soils minerals or resources.
 Other states need consent of coastal state for all economic activities in this portion but they have
freedom of navigation and over-flights.
 Continental shelf of the states vary due to (different geography situations) generally it is upto 200NM
but, did may extend to 350NM under special cases (but not more than 350NM in any case).
 Pakistan submitted its case in April 2009, and was granted 350NM CS. In 2015.
5. High Seas
 All states can utilize high seas but for peaceful purposes
 All vessels shall sell under its flag
 All states has right to punish piracy (Universal jurisdiction upon crime of piracy)
 Collision in High Seas
 SS Lotus Case, 1929. (1982, convention, in case of collision, case will trail registered by country)
 Genvenlink
 Hot Pursuit
6. Archipelagos
7. Rivers and Canals
8. South China Sea
 All Islands are in High Sea (So all countries has access) China cannot claim Exclusive claim; however,
china claims which is illegal.
 China is establishing military bases on those islands which is also illegal
 Cape Strategy, (China is closing the excess of Philippines by creating artificial islands) which is also
against the UNCLOS, 1982.
 China is not signatory so, why China follow it. (Because it is customary law whether you are signatory
or not you have to follow it.)
9. United Nation Convention on Laws of Seas 1982 (UNCLOS, 1982)
 Aforementioned information about of Seas is according to UNCLOS, 1982.

 Piracy Short Note

1. Violent Act + High Seas = Piracy
2. Violent Act + Private Ends/Goals = Piracy
3. Without flag + High Seas = Piracy
4. Universal Jurisdiction Upon Piracy .

 United Nations and Its Principle Organs

1. Introduction
 24 Oct, 1945.
 San-Franco conference (UN-Charter unanimously adopted on June 26, 1945 (UN- Charter was signed
and rectified on 24 Oct, 1945
 51 states give approval to the United Nations (they are the founding member of UN)
2. Legal Character of the United Nations.
  It’s a legal personality in international law.
 Any entity which can sue or which has rights in the law is known as legal entity.
3. Purposes of UN
 To maintain international peace and security.
 To develop friendly relations among nations
 (right of self-determination)
 International cooperation in solving international problems of economics, social, cultural, and
humanitarian character.
 To make the United Nations a center for the achievement of above common goals.
4. Principle of UN.
 Principle of sovereignty to all members.
 All members in order to ensure all of them the rights and benefit resulting from the membership shall
fulfills in good faith
 Peaceful settlement of international disputes.
 Principles of Non-intervention
 Non-intervention in domestic matters
 Article 4, membership
 Article 5, how membership can be suspend
 Article 6, how membership can be expelled.
 According to article 7 of UNC, there are six principle organs of UN-Charter.
 General Assembly
 Composition: Each member may have not more than 5 preventatives in general assembly
 Voting rights: Each member has one vote only.
 Ordinary matters passed with simple majority
 Important matters passed with absolute majority
 Functions and powers of GA:
 Deliberative Functions, general assembly may discuss any question or matter within scope of
present Charter; however, there is an exception which provides that the general assembly shall
not make any recommendation regarding any dispute or matter unless security council so
requested.
 General Assembly, may consider general principles of cooperation in the maintenance of
international peace and security.
 GA, may call the attention of SC to situations which are likely to endanger international peace
and security.
 Limitations of General Assembly, i.e. Resolutions of GA are non-binding in nature, and article
2(7).
 Supervisory functions, GA supervisory the function of other principle organs and specialized
agencies of the UN.
 GA, has sufficient control over the two principle organs that is, economic and social council and
trusteeship council.
 Security Council and other organs of the UN have to submit annual report to general assembly.
 General Assembly also exercise some control over the Secretary General
 Financial Functions, GA, consider and approves the budget of the UN (article 17)
 GA, also consider and approve financial and budgetary arrangements with specialized agencies
and examine the administrative budget of such specialized agencies.
 Elective Functions, admissions for new members and elections of members of organs
 It elects 10 non-member of the SC
 It elects 54 members of the Economic and Social Council
 It elects some member of trusteeship council
 It elects judges of ICJ
 It also take part in the appointment of Secretary General (article 97 of the UNC).
 Constituent Functions, amendment of the Charter and alteration
 Evaluate the Working of GA, is playing effective role, time to time new issue passed resolutions
and solve the issue. UNDOHR 1948. Security Council
 International Court of Justice
 Composition: 15 judges, 9 years tuner elected by GA elective council.
 Voting Rights, out of 15 judges 14 heard the case and divided into A & B and cost vote and
Majority of Votes win the case, if seven vote A and seven vote B, than fifteen judge of the ICJ
vote one of them and case goes accordingly.
 Jurisdiction of ICJ, the consent of the party
  Main heads of Jurisdictions,
 Contentious Jurisdiction, further divided into two main heads.
 Firstly, Voluntary Jurisdiction, according to 36(1) Statue of ICJ the Jurisdiction of the ICJ comprises
of all cases which parties refer to it.
 According to 59 of Statue of ICJ the decision of ICJ is binding upon the parties in that particular
matter.
 Secondly, Optional Jurisdiction is based on optional class in corporative in the treaty by the
parties e.g. interpretation of the treaty, any question of IL, existence of any fact etc.
 Advisory Jurisdiction, Advisory opinion of ICJ and it is non-binding in nature.
 Problems of the Enforcement of Judgment of ICJ. The decision of ICJ to permanent member
cannot be binding.
 Evaluate the Functions/Working of ICJ. There are number of Example, like Nicaragua-US, North
Continental Shelf France and.
 Kulboshan Yadhav Case.
 Legal discussion, Pakistan arrested and India Brought case to ICJ and Pakistan also welcomed.
 Pakistan shouldn’t go to ICJ. (Why Pakistan should go, Simla Agreement violate which is in favour
of Pakistan.)
 ICJ Ensure death Penalty to KY (Seek evidence both of the States)
 Lawyer was criticized.
 Security Council
 Composition, 1946, 5 permanent members and 06 non-permanent members total 11.
 Voting Rights
 For passing any ordinary bill 7 affirmative votes are required (members present and voting)
 For passing any Important matter 7 affirmative votes are required including the concurring
vote of permanent members
 1965 amendment 5 permanent members and 10 non-permanent members
 For passing any ordinary bill 9 affirmative votes are required (members present and voting)
 For passing any Important matter 09 affirmative votes are required including the concurring
vote of permanent members.
 Proposal of Different Groups,
 G4, Brazil, Germany, Japan and India, they supported aforesaid voting but demanded veto
power.
 Proposal African Union, enlargement of permanent and non-permanent upto 26 and two
permanent seats shall be allocated for African Union with veto power.
 Proposal of Uniting for Conesus (Cofee Club), Pakistan, Agrentina, Itlay, and North Korea
and Many others, no enlargement of permanent members but enlargement of non-
permanent membership upto 26.
 Reforms of OIC, one permanent membership seat shall be allocated for OIC with veto
power.
 Functions and Powers of Security Council
 To maintain international peace and security (same is mentioned in intervention)
 Elective function Cope Past GA,
 No Supervisory role
 Constituent Same of as GA.
 Trusteeship Council
 Economic and Social Council
 Secretariat
 Settlement of International Disputes
1. Definition
 A disagreement on point of law or fact a conflict of legal views or interest between parties.
2. Two main methods
 Peaceful/Pacific/Amicable
 Arbitration (earlier explained)
 Dispute is refer to certain person or entity called arbitrator
 Decision upon arbitrator is called ‘award’
 Award is binding upon the parties.
 Forum ‘Permanent Court of Arbitration’ it was established as a result of Hague conference of 1899.
 It is neither court nor permanent.
 Advantages of Arbitration
 It is less expensive
 It is less technical
 Parties can agree that ‘award’ be not published.
 It is flexible in nature.
 It is not purely legal and arbitrator may follow political method
 Judicial Settlement
 Forum ICJ. (Earlier explained) voting and composition in UN.
 Distinguishing Arbitration and Judicial settlement.

Judicial Settlement Arbitration

 Forum ICJ
 It is a permanent organ
 Having a permanent registry
 Judges are elected for 9 years
 Proceedings of ICJ are made public
 ICJ strictly follow law and sources of
International law
 It is principle organ of UNO
 Permanent Court of Arbitration
 It is neither court nor permanent
 Not permanent registry
 They are appointed with the consent of
parties
 Parties can agree that the ‘award’ may
not be published
 Permanent court of Arbitration does not
follow law and may gives political
diplomatic solution
 Not a principle organ.

 Negotiations, it is much less a formal method than Judicial settlement.

 It is non-binding in nature.
 Good offices when two states are not able to resolve their disputes a third state may offer its ‘good
offices’
 These offices may also be offered by International Organization or some individuals
 In this process, third party doesn’t take active part. E.g. France to America and North Vietnam at the
end of Vietnam war
 Mediation
 In case of mediation third state not only offers its services to resolve the dispute between two states
but also actively, take parts in the talks to resolve the disputes
 Conciliation; is the method through which the other states or the impartial person try to resolved the
disputes peacefully through different means.
 Often the matter is referred to committee which submits its reports and recommends certain
measures for the settlement of disputes. It is non-binding upon the parties.
 Enquiry; it is not an independent method and often used along with other methods
 The main objective of enquiry is to make investigation of the relevant matters so as to establish facts
which may help the ultimate solution of the problem. For example, enquiry commission is appointed
in relation to the settlement of border disputes.
 Settlement of the International Disputes under the observation of UNO.
 GA, pass the resolution and solve the disputes
 SC, Earlier mentioned, sanctions,blockade, armed attack.
 ICJ, legal disputes is resolved by ICJ.
 S.General, it resolve disputes either through mediations or by offering his good offices
 Forcible/Courses means of settlement
 Retorsion, retort ion means retaliation
 Effective state can take only those means or measures as retorsion which are permitted under
international law. For example, diplomatic relations may be ended, privileges of diplomatic agents
may b withdrawn, and economic facilities may be stopped
 No state can take any action, in the form of retorsion that may in danger international peace and
security.
 Reprisals
 These are coercive measures adopted by one states against another for the purpose of settling some
disputes brought about by the lattes illegal or unjustified act.
 Special tribunals decided case (Germany Vs. Prutugal 1928) Naulia incident tribunal lay down the
following principles when a state resort on reprisal.
 Reprisals are illegal unless they are based upon previous act contrary to international law.
 Reprisals are only legitimate when they have been preceded by an unsuccessful demand of re-dress
 There must be certain difference between the offence and the reprisals
 No state is entitled resort to reprisals which may in danger international peace and security.
 UN Charter forbid the unilateral use of force and violence by way of reprisals
 UN charter prohibits the use of armed force as a measure of reprisals except in case of self-defense
  There is general consensus among jurists the state has duty to refrain from acts of reprisals involving
the use of force article 2(4) of UN Charter
 Embargo
 It is a type of Reprisals, if a state violets or commits some international crime than effected state
becomes in title to create obstruction in the transport of its ships which are within the territory of
effected states
 Pacific Blockade, Through Pacific Blockade the entry and the exit of port of the state are blocked so
that the ships of other states may not reach those ports and the ship of the blockade state may not
go out the port
 UN charter has greatly affected this right as it may in danger international peace and security.
 UN can itself use blockade as collective measure under article 42.
 Pacific Blockade is use during peace time and Blockade is often resorted at war time.
 Intervention, earlier discussed.

 Extradition
1. Definition
 “Extradition is the delivery of accuse of a convicted individual to the state on whose territory he
is alleged to as committed or have been convicted of a crime by the state on whose territory the
alleged criminal happens to be for the time being”. Oppenheim
 In practice states do not accept obligations of extradition as under International law extradition is
mostly a matter of bilateral treaty.
 There is no universal rule of customary International law which imposed the duty of extradition
 Re-castioni case: Queen’s bench of England held that castioni was guilty of a political crime and
therefore, he could not be extradited.
 Re-meunier Case: The court held that foreign affairs to be political its necessary that they should
be two or more than two parties in the state each wanting to established its government in the
state if an offence is committed with this objective it will be called a political offence in the
present case the offence committed was not a political case.
 Any crime which committed for political motivated that is called political crime.
2. Common Conditions of Extraditions
 Rule of specialty, an accuse is extradited for a particular crime and the state which gets backed
the criminal is entitled to prosecute that person only for that crime for which he was extradited
 US Vs. Raucher 1886.
 Failure to fulfill dual criminality, act for which extradition is sort must be crime in both states.
 Condition in the Extradition Treaty, Conditions are drawn in treaties between states.
 Possibility of Certain form of Punishment, for example capital punishment in such like cases
states mostly do not extradite.
 Jurisdiction, accused in question is citizen of both the states so it will not extradite because that
state has jurisdiction on accused.
 Non-extradition of some accused, Political Criminals, Religious criminals, military criminals.

 Subjects of International Law

1. States are the only Subject of International Law.
 Supporter of this theory or of the view that only states are the subject of international law.
 Positivism made the individuals as an object and not a subject of international law.
 Soviet International law experts are unanimous on this point that states are the main subjects of
international law.
 Moreover, Soviet are of the view that international law brought into being by the existence of a
system of states and relations between them which necessities their regulations by legal rules
there is no need specially to prove that states are subject of international law.
 Criticism, individuals and organizations are also the subject of international law.
 Tanzing Rolway case: Individual directly approach the I law.
 Human rights, sea pirates and war crimes there are number of conventions.
 Organizations are the subject of International law
 Case: ‘Reparation for injuries suffered in the service of UN’
 This case law cleared that international organizations are the subject of international law.
2. Individuals are the only Subject of International law.
 Kelsen is the chief exponents
 Duties and the rights of the states are only the duties and the rights of individuals to composed
them.
  Under International law the duties of states are ultimately the duties of individuals
 Laws are made for individuals in case of municipal law it applies directly on individuals while in
case of international law it applies through medium of states.
 Tanzing Railway, the permanent court of international justice recognized in the advisory opinion
relating to the postal service in danzing that there is nothing in international law to prevent
individuals from acquiring direct rights under a treaty provided that this is the intention of the
contracting parties.
 Criticism,
 Statues of ICJ adheres to the traditional view that only states can parties to international
proceedings.
 States are also subject of international law, criticism earlier mentioned
 Reparation case law, organization is also the subject of international law.
3. States, Individuals, Organizations and Certain non-states entities are the subject of international law.
 Individuals, States, and Organizations are earlier mentioned same paste here.
4. Place of Individual in international law.
 Individuals are subjects and not an object of International law.
 Human rights laws
 Piracy laws
 War crimes laws
 Danzing railway case
 From these arguments, it is clear that individuals are subject of international law.

 Introduction to International Law.

1. Definition
 “Law of Nation or International Law is the name for the body of customary and treaty rules which
are considered legally binding by civilized states in their intercourse with each other.” Oppenheim
 It does not include organizations as a subject of international law.
 It does not include individuals as a subject of international law.
 It does not include third source of international law. That is, general principle of law recognized by
civilized nations.
 It is not ‘body of rules’ only because it gives static meaning to international law. In fact,
international law is dynamic in nature.

 While criticizing any definition you have to interpret the definition on the following grounds.
 Body of rules and Principles of action = International law is dynamic law.
 Body of rules = static law.
 International community = It include all three sources.
 General principles = international law drive from general principles, you cannot criticize on
sources of international law.
 Any specific rules = international law is in dynamic nature
 Given time = international law is a law which is dynamic nature

 “Law of nations or international law may be defined as the body of rules and principles of action
which are binding upon civilized states in their relations with one another“ J.L Bribrly

 “International law may be defined in broad terms as the body of general principles any specific
rules which are binding upon the numbers of international community in their mutual relations.”

 “International law is the standard of conduct at a given time for states and other entities subject
there to.”Whiteman

 “International law or the law of nations is the name of body of rules which according to usual
definition regulate the conduct of state in their intercourse with one another.” Kensel
Kensel was of the view that law always made for individuals in case of municipal law it applies
directly upon individuals while in case of international law it applies indirectly that is through
medium of state.

 “International law is constantly evolving body of norms that a commonly observed by the
members of international community in their relations with one another, these norms concerns
 rights and enclose obligations upon states and to lesser extend upon international organizations
and individuals.” Adward Collins (abstract from the book International law with the changing
world.)

 Sanctions in International law

 Weakness in International law
 Suggestions to improve international law.
 Difference between Private and public International law.
 Along with definition the examiner will add any one of the aforesaid outlines.
2. Basis of International law.
 Earlier Explained.
 Theory of Consent (Positivist theory)
 Auto Limitation theory (Positivist School of thoughts)
 Pacta San Sarvanda (same)
 Theory of fundamental rights
3. Whether International law is law or not in true sense.
 International law is not a law
 Law is the command of severing enforce by superior political authority
 It lacks in effective judicial system
 It lacks in effective legislative system
 It lacks in executive system
 It lacks sanctions.
 Frequent violations in international law
 International Law is a law
 Frederick P, essential conditions for the existence of law are
 The existence of political community and the recognition by its members or settle rules binding
upon them.
 A community, rules, common consent of the community in respect of binding in nature of these
rules.
 It has effective legislative system.
 It has effective judicial system.
 It has effective executive system
 International law has sanctions.
 Frequent violations in law it shows its weakness it does not means that the entity is not law
 Note: All are comprehensively explained in earlier lectures.
 Is international law is a mere positive morality
 A rule is a rule of morality if by common consent of the community it applies to conscious and
conscious only whereas; on the other hand, a rule is rule of law if by common consent of the
community it will eventually be enforced by external power.
 Morality is non-binding in nature
 Law is binding in nature
 No sanctions on morality
 Sanctions on law.
 Executive organ Security Council existence of SC in UNO shows that international is law not a mere
morality.
 Legislative organ, General Assembly existence of GS shows that international law is a law not mere
morality.
 Judicial organ, ICJ similarly existence of ICJ shows that international law is a law not a mere
morality.
 International is the vanishing point of the jurisprudence
 It means international law is not a law and it lack sanctions
 So, prove international law is law and it has effective sanctions.

 Contraband short Note

1. Definition
 According to international law belligerents to seas contraband during war no matter whether they are
ships of enemy states or neutral states.
2. Kinds of Contraband
  Absolute Contraband, are those goods which are of military character and help directly in the war for
example arms emanations etc.
 Conditional Contraband, are those goods which may be used in peace as well as war for example
food materials fuels etc.
 There are mainly aforesaid two main kinds of contraband.
 Free Articles, these goods are such which cannot be seized as contraband for example medicines,
glass etc.
 There is no general agreement among the states in regard to different categories of contraband thus
it depends upon the states whether to put a particular contraband in the category of absolute or
conditional contraband or to treat it free articles.
 State does not acquire ownership on contraband goods as such goods or ships are produce before
the prize courts. And if the prize court declare the seas goods or ships as lawful only then the
belligerents states acquire ownership over such goods
 Belligerent states can seized contraband only in open seas/ high seas or belligerent’s on territorial
waters; however, seizure in neutral territorial waters would be violation of neutrality.
3. Doctrine of Continues Voyage
 Sometimes it happens that states instead of sending the contraband directly to the enemy state, send
it to a neutral state from where it is subsequently transferred to the enemy state. This is done with
the objective that goods may not be seized as contraband by the belligerent states.
 In order to prevent the violation of abovementioned rule of contraband the doctrine of continues
voyage was propounded
 According to this doctrine if the ultimate destination of the goods If the enemy state then such
contraband goods may be seized no matter whether they are first send to mutual state and are
subsequently to be transferred to the enemy state.
 Bundesrath case
 Kim case.

 Relationship between International law and Municipal law

The view of the jurists on question of relationship of international law and municipal law are divergent
which are laid to the emergence of different theories
1. Dualistic Theory. (Dualism)
 Dualistic theory was developed by German jurists (Trietel)
 According to dualistic theory international law and municipal laws of the several states are two
distinct, separate and self-contained legal systems.
 Rules of international law may apply within a state by virtue of their adoption by the municipal law of
the state and apply as part of that internal law of the state and not as an international law.
 This theory represents two entirely distinct legal systems
 The two systems of law differ from each other on the following grounds.
 Regarding Resources.
 Statues and state law are enacted by sovereign
 While sources of international law are customs grown up among the states and law making treaties
concluding them.
 Regarding Subjects
 Municipal law regulate the relations between the individuals and corporate entities and also the
relation between states and individuals
 International law regulate primary among the states
 Regarding Subtends of Law
 Municipal law is a law of sovereign over individuals while international law is a law not above but
between sovereign states
 Regarding Principles
 Municipal law are obeyed because they are principles of state’s legislature
 International law is obeyed because of the principle of pacta san sarvanda.
 Regarding Dynamism of the Subject Matter
 Subject Matter of International law has always remained dynamic
 While the subject matter of municipal law is limited.
 Specific adoption
 Municipal courts certainly apply the rules of international law when they are made and considered to
be the part of law of the land (Municipal law) through the process of specific adoption which means
that a rule of international law cannot be enforced within the state unless that state adopts such a
law (Ilaw) as an integral part of its own system.
 Transformation of International law
As long as, transformation of international law does not take place in the municipal law, former
cannot be applied by the municipal court
 Transformation of international l law into municipal law may take place according to the
constitutional provisions of the state therefore, the process may be different from state to state
 Therefore, we can say that specific adoption and transformation are the theories concerning the
applications of I law within the municipal law thus they are in no way we called the theories of
relationship of two systems
 According to dualistic municipal law in case of conflict between I law and M Law thus, M law shall
have primacy over international law further when case comes before the international court or
tribunal it applies international law rather than municipal law in case there is conflict between I law
and Municipal law.
2. Monistic Theory (Monism)
 Monistic theory was given by two German Scholars in the 18 th century namely Moser and Martens
 According to this theory there exists only one set of legal system that is the domestic legal order.
 It has been denied by the exponent of this theory that international law is distinct and autonomous
body of law
 Municipal law, as well as international law are parts of one universal legal system serving the needs of
the human community in one way or the other.
 International law is therefore, indistinguishable from municipal law
 Monistic are of the view that there was obviously no need for international rules to be incorporated
into municipal legislation since they have been made by the states themselves
 Monism maintains that all laws are made for individuals only municipal law is binding upon
individuals directly while international law is binding through states.
 Neither municipal law nor international law is above the system
 International law can be applied by the municipal courts without need for transformation
 According to them subjects of the both the system of law are ultimately individuals
3. Harmonization theory
 Both the legal orders are meant to solve the problems of individuals who lives therein
 Both the legal systems aim at basic human good
 Both the systems therefore be harmonious and should not allowed to exit contradictory rules/ law
 Judges of all the courts that is municipal as well as international courts should aim at harmonizing the
systems rather than to treat one system superior than other
 According to this theory neither municipal law nor international law as supremacy to each other
4. Practices of the states regarding relationship

 Laws of Treaties
1. Definition (explained in sources)
2. Formation of treaty
 Accrediting of persons on behalf of contracting parties.
 Negotiations and adoption
 Signatures (not bounds state to follow the treaty)
 Ratification
 Accession and adhesion
 Entry into force
 Registration and publication
 Application and Enforcement.
3. Interpretation of treaty
 Grammatical interpretation (plan meaning of the words)
 Object and context of treaty.
 Reasonable and consistent
 Principle of effectiveness
 Resources to extrinsic material
4. Termination of treaty
 Treaties may be terminated by
 Operation of law
 Outbreak of war
 Material breach of bilateral treaty
 Rebus sic stantibus
 Impossibility of performance
  Possibility of performance
 And by act of the State parties.
 Jus cogens
 Those laws cannot be signed which threat or terminate the most essential laws like treaty of
Universal declaration of Human rights.
5. Resolution of treaty

 Laws of War
1. International Humanitarian law (IHL)
 It is also known as laws of war or laws of armed conflict
 IHL is set of rules which seek for humanitarian reasons to limit the effects of armed conflict
 IHL is the law that regulate the conduct of armed conflict
 IHL covers protection of those who are not or no longer taking part in war
 IHL covers restrictions on means of warfare that is weapons methods of warfare and military tactics
 Hug convention of 1907 it provides guidelines for soldiers
 Geneva convention of 1949 it covers protection of victims
 Additional protocols of 1977 protection of victims
 Many provisions of IHL are now considered and accepted as customary law which means those laws
by which all states are bound.
 IHL tells us that how to achieve the objectives of war along with the protection of non-combatants
 It also tells us that those weapons should not be used in war which create indiscrimination that
nuclear weapons, biological weapons etc

Laws of use of force (Jus ad belium) Laws of use of war (jus in bello)
 These laws provides justification to a  If any state attack and war started, the
state lows which use in war is called laws of
war.
.
2. Definition of War
 “ War in its more generally understood sense was a contest between two or more states primarily
through their armed forces the ultimate purpose of each contesting group being to vanquish the
other and impose its own conditions of peace.” (Starke)
3. Effects of Outbreak of war
 General effects, besides effecting the neutral state war may be effects the belligerents state
 Diplomatic and consular relations, at the outbreak of the war the diplomatic and the consular
relations between the belligerent sates are broken immediately. Belligerent states recalled their
diplomatic agents from each other’s state. At the outbreak of war the receiving belligerent states
handover the passport to the diplomatic agents. According to article 44 of Vienna Convention on
diplomatic relations 1961, it is the duty of the receiving state to provide necessary facilities to the
diplomatic agents so they may return safely
 Treaties, present practices of the states shows that all the treaties between the belligerent states do
not come to an end some treaties are completely terminated some remain in force while others are
suspending during the wartime for example, treaties for which common political action or good
relations are terminated at the outbreak of war. Treaties regarding fixation of boundaries remain
unaffected by war. Treaties or conventions regulating the conduct of war remain binding during war.
Treaties related to health medicine, protection of industrial property etc remains suspended during
war.
 Trade and Congress, all trading between the belligerent states are prohibited during the war.
 Contracts, the effect on the contracts at the outbreak of war between the belligerent state is a
matter of municipal law rather than international law.
 Enemy property, there are two kinds of enemy property, public enemy property and private enemy
property.
 Public enemy property, moveable and immovable, at the outbreak of war all moveable public enemy
property situated in the enemy state may be ceased. Immovable public enemy property may be
temporary taken but cannot be permanently ceased.
 Private Enemy property, private enemy property situated in the territory of the belligerent state may
b taken over for a temporary period and after the end of the war state is decided in accordance with
the provisions of the peace treaty. Belligerent state is not entitled to ceased the private enemy
property but can only take it if it is necessary for need. Meaning thereby that private enemy property
can be temporary taken only when it is essential for military purpose of the belligerent state.
  Combatants and Non-combatants, under International law the soldiers of the belligerent states are
divided into two categories.
 Lawful, can be killed, hurt, arrested, or may prisoners of war. Law full soldiers are normally those
solders who are in the regular army.
 Unlawful solders, unlawful solders enjoy certain facilities or concessions they may also be arrested
and made prisoners but they cannot be killed or grievously hurt during war.
 Non-combatants, are not in principle to be willfully attacked or injured for example margents etc.
They can be captured and made prisoners of war. Like civilians
 Total war (in the modern time, war not only effect the armed forces but also the civilians and the
nature of the war is such that observance of the rules of war becomes impossible such a war have
therefore been called total war this term was first used by Hugo Gracious.
4. Doctrine of Post-liminium
 This term was incorporated in I Law from Roman law.
 According to this doctrine persons and things released from the occupation of the enemy come to
their original position or they are restored to their original position after the end of war.
 If any state remains under the occupation of another state for a temporary period and then
subsequently became independent than after its independence the persons and things come to their
original position in accordance with the principles of postliminium.
 This principle is not applied in the matters of neutral states
 Postliminium is providing for the invalidity of all illegitimate acts that an occupant have performed on
a territory after its recapture by legitimate sovereign.
 Limitations of doctrine of Post-leminium, firstly, it does not apply upon the valid and lawful acts
performed by the occupant power
 It does not apply in case of realization of taxes made by occupied power
 Third, it does not apply in respect of the neutral states
 Fourth, it does not apply when one state conqueror and annexed another state thus change the
status of things and persons.
 Private immoveable property can be ceased by the occupying power therefore, principle of
postliminium does not apply on such property
 Public moveable property, can be ceased by the belligerent state only when it is essential for the
objectives of war and after withdrawal of the enemy any property remains than it is restored to its
original position.
 Principle of postliminium applies on immoveable property and after the end of occupation of the
belligerent state the administration of valid government of the territory concerned is restored on the
principle of postliminium.
5. Modes of Termination of War
 Simple Cessation of hostilities without any definite understanding being reached.
 In this mode of termination of war no agreement or understanding is reached and it is not
determined as to what will be the fate of the prisoners of war, how shall the boundaries be fixed or
determined or what shall be the fate of the property under the occupation of belligerent state.
 Conquest followed by annexation
 By a peace treaty
 Armistice Agreement, under this mode of termination of war the hostilities ceased for temporary
period.
 By Unilateral Declaration of one or more of the victorious powers
6. Principles of IHL
 Principle of distinguishing
 Principle of proportionality
 Principle of necessity
 Principle of limitation
 Good faith
 Humane treatment
7. Types of Armed Conflict/rules of laws/ rules of IHL
 International Armed Conflict
 International Armed conflicts are those in which only two states are involved they are subject to
white range of rules that is four Geneva conventions, additional protocol I.
 Non-International Armed Conflict
 Non-International Armed Conflict are those which are restricted to the territory of single state
involving either regular armed forces fighting groups with each other rules apply to this type of armed
conflict or led down in article three of four Geneva convention and conditional protocol II
 8. Prisoners of War DYS.
9. Law of Neutrality both DYS.

 International Criminal Court

1. It was established through treaty named as “Romed Statues” it was adopted on 17 July 1998 and enter
into force on 1st July 2002.
2. ICC has four Principal Organs.
3. Structure of ICC
 ICC is governed by the assembly of states parties which is made up of the states that are party to the
Rom Statues.
 The Assembly Elects official of the court, approve its budget and adopts amendments in the Rom
Statues.
4. Principal Organs of ICC
 It has four Principal organs
 First, The President
 The president is the most senior judge chosen by his/her peers in the judicial division
 Second, The Judicial Division
 It hears cases before the court the judicial consists of 18 judges of the court organized in to 3
chambers
 A) Pre-trial Chamber
 B) Trial Chamber
 C) Appeals Chamber
 All three chambers carryout the judicial functions of the court
 Judges are elected to the court by the assembly of state parties and they served for 9 years terms and
not eligible for re-election.
 All the judges must be nationals of states to the Rom Statues and No two judges may be nationals of
the same state.
 Third, Office of the Prosecutor
 It is headed by the prosecutor.
 Office of the prosecutor is responsible for conducting investigation and prosecution. Moreover, this
office investigates crimes and initiate criminal proceedings before the judicial division
 Fourth, The Registry
 It is headed by the Registar and is chaired with managing all the administrative functions of ICJ.
Including headquarters, detentional unit and public defense office.
 It is responsible for non-judicial aspects of the administration and servicing of the court
5. Jurisdiction of ICJ
 Subject Matter Jurisdiction (What acts Constitutes Crimes)
 It means the crime for which individuals can be prosecuted moreover individuals can only be
prosecute for crimes that are listed in the statues (primary crimes are listed in article 05 of statues,
article 06 genocide, 07 crime against humanity, 08 war crimes etc.
 Territorial Jurisdiction
 Territorial Jurisdiction of the court include the territory register vessels and registered aircrafts of the
states
 In situations that are referred to the ICC by Security Council the territorial Jurisdiction is defined by
the Security Council. For example if the Security Council refer to a situation that to place in the
territory of the state that has both not became of party to the Rom Statues or not lodged declaration
with the court, the court will still be able to prosecute crimes that occurred within the state.
 Personal Jurisdiction
 It extends to all natural persons who committed crimes regardless where they are located or where
the crimes are committed as long as those individuals are national or either
 i.e. states that are party to the Rom Statues, States that have accepted the court jurisdiction by falling
a declaration with the court.
 Temporal Jurisdiction
 It is the time period over which the court can exercises its powers
 ICC jurisdiction is not retroactive and individuals only be prosecuted for crimes that took place on or
after 1st July 2002.

 How to Understand International law Question and Attempt

 Neglect unnecessary detail
 Mark Vocabulary
  After underlined/marked vocabulary made connection
 As many as clauses are mentioned in the question, answer all clauses accordingly.

Question: I Law. 2018

 “When all has been said it will be found that consent remains firmly the basis of international law, and
there are as many, and only as many, sources of international law as there are ways whereby the consent
of states can be expressed”
 Note: Question has three clauses
 First, Basis of Ilaw (from basis consent is targeted)
 Sources of I.Law
 Consent is focused.
 As consent is targeted from basis of International Law it means asking about positivist school of thought
as, they focus on consent as the main source of International law. According to Positivist School or basis
consent signify (treaties and customs). So, on the first hand, focus should be on “Treaties and Customs”.
And on the other hand, slightly focus is required on other source of International law.