PUBLIC INTERNATIONAL LAW UPI7312

1) Midterm
2) Finals
3) Group Project Paper
4) Live Presentation / Participation (Progress)

Country:

- Head of State
- Secretary General
- Minister of Foreign Affairs
- Legal Advisor
- ?
a) Name the State
b) Characteristics of State: Geographical location (landlock, island… etc), Size of
population, Racial Composition, Weather, Wealth, Military Might, Spending, Security…
etc
c) Decision-making / Policy making

Survival of the fittest

Multidisciplinary

- Law
- International Relations
- Philosophy
- Politics

Academic References

a) Legislature – UN Charter, Statute ICJ, Treaties & Conventions

b) ICJ Cases and Tribunal matters
c) Consultation Papers, other Tribunal proceedings, Journals, UN Report, ICC

Tutorial 1
1. Explain Public International Law. How would you distinguish Public International Law
from Private International Law?
Definition
Oppenheim
Van Glahn
- Body of rules which are legally binding on States
- Binding on the States in their relationship and conduct with each other
- PIL is applicable to subjects of PIL which are the States, international organizations.
These subjects are conferred duties by IL
International Personality = Subjects

Public IL vs Private IL
1. Private IL is legally binding on individuals, private entities
2. Relationships and transactions under private matters such as contract, torts, family
matters – Crossborders, overseas, multiple jurisdictions etc
3. Avenue for seeking justice / Dispute resolution – Pre-determined courts (Courts,
tribunal)

- A body of legal rules, norms, and standards that apply between sovereign states and
other entities that are legally recognized as international actors.
- International law is necessary to allow sovereign states to co-exist peacefully with
one another. Apart from that for an individual or other entities to enjoy freedom on an
international scale, it can only be worked out through international law.
- Public International Law is composed of the laws, rules, and principles of general
application that deal with the conduct of nation states and international organizations
among themselves as well as the relationships between nation states and international
organizations with persons, whether natural or juridical.
- Public International Law is sometimes called the “law of nations” or just simply
International Law. It should not be confused with Private International
Law, which is primarily concerned with the resolution of conflict of national laws,
determining the law of which country is applicable to specific situations.
 - Private international law refers to that part of the law that is administered between
private citizens of different countries or is concerned with the definition, regulation,
and enforcement of rights in situations where both the person in whom the right
inheres and the person upon whom the obligation rests are private citizens of different
nations.
- It is a set of rules and regulations that are established or agreed upon by citizens of
different nations who privately enter a transaction and that will govern in the event of
a dispute.
- In this respect, private International Law differs from public international law, which
is the set of rules entered into by the governments of various countries that determine
the rights and regulate the intercourse of independent nation.

2. What are the sources of Public International Law? Discuss

Sources of Law for PIL – Article 38(1) of Statute of ICJ

1. Jus Cogens (Crimes against humanity)
2. Treaties (Convention)
3. Customary international laws
4. Persistent objector
5. GPOL
6. Subsidiary sources (Judicial Decision, Writing of Jurists, Legal Opinion)
- International conventions
- International custom
- General Principles of Law
- Case law
- Teachings of Highly Qualified Publicists

3. What is international customary law? Can customary law be legally enforced.

Can customary be legally enforced
- Article 38(1) of Statute of ICJ
- Customary international law is an aspect of international law involving the principle
of custom. Along with general principles of law and treaties, custom is considered by
 the International Court of Justice, jurists, the United Nations, and its member states to
be among the primary sources of international law.
- The International Court of Justice Statute defines customary international law in
Article 38(1)(b) as "a general practice accepted as law".
- Furthermore, in the United Kingdom, the dominant principle, normally characterized,
as the ‘doctrine of incorporation’ is that customary international law is to be
considered part of the law of the land and enforced as such subject to the fact that
they are incorporated; only so far as is not contrary to Acts of Parliament or prior
judicial decisions of final authority.

4. Malaysia had continuously occupied an island, for more than 100 years which was mostly
inhabited by fishermen. The island borders Singapore, Indonesia and is also close to
Christmas Island which is an Australian territory.
Recently a private company discovered rich minerals close to shores of the Island and
was in the midst of negotiating with the Malaysian government on mining rights.
However, when the news of this discovery was made known, the government of
Indonesia, Singapore and Australia made claims to the island. Of these countries, only
Indonesia had objected to the Malaysian since claims its independence in 1945.

With reference to international law explain the legitimacy of the claims by these
countries.

Persistent objector – Indonesia objected to it since 1945

The Fisheries Case (Norway)
Can do some assumptions

 Article 77 of United Nations Convention on the Law of the Sea (UNCLOS) gives a
coastal state the sovereign right to explore and exploit the natural resources on its area of
the continental shelf.
 Need to sign a treaty/convention with all countries involved regarding whether the island
belongs to which country, so such country reserves the right of the island and other
countries are bound by the treaty or convention.
 Conduct negotiations, to solve the dispute.
 The use of arbitration and judicial settlement becomes necessary when diplomacy fails to
resolve a contentious international dispute.
 Using international law, it stands from agreement, use treaties = Malaysia enter treaty to
strengthen economy relationship
 Charter of UN settle by peaceful means
 Malaysian claim on this island: they don’t really have the rightful claim, international law
requires consent.
 Malaysia occupied actually have right, can voice up, its like msia actually occupied it but
they suddenly claim for it because the island is valuable.