Notes

SOURCES OF INTERNATIONAL LAW

SOURCES OF INTERNATIONAL LAW Sources of International law mean those origins from where it attains its authority and coercive agency. According to the provisions of the Statute of International Court of Justice there are following sources, on the basis of which Court can decide a case:

EVOLUTION OF INTERNATIONAL LAW

EVOLUTION OF INTERNATIONAL LAW INTRODUCTION Law is that element which binds the members of the community together in their adherence to recognised values and standards. The foundations of international law (or the law of nations) as it is understood today lie firmly in the development of Western culture and political organization. The growth of European notions of sovereignty and the independent nation-state required an acceptable method whereby inter-state relations could be conducted in accordance with commonly accepted standards of behaviour, and international law filled the gap. But although the law of nations took root and flowered with the sophistication of Renaissance Europe, the seeds of this particular hybrid plant are of far older lineage.

SUBJECTS OF INTERNATIONAL LAW

Subjects Of International Law By subjects of international law it is meant that those entities which possess international personality. In other words subjects of international law are those entities that have rights duties and obligations under international law and which have capacity to possess such right, duties and obligations by bringing international claims.

RECOGNITION OF STATE – ITS IMPLICATION, MODES AND NECESSITY

Recognition Of State – Its Implication, Modes And Necessity Main addressors of the international law are the sovereign states. For an entity of being called a state and to enjoy rights, duties and obligations under international law, it is necessary that the existing state have given awareness of its capability of being a state. Such awareness by existing states is called recognition.

NATIONALITY, CITIZENSHIP AND STATELESSNESS

Nationality, Citizenship And Statelessness Introduction Nationality is a highly sensitive issue as it is a manifestation of a country’s sovereignty and identity as a country. “It is for each State to determine under its own law who are its nationals. This law shall be recognized by other States in so far as it is consistent with international conventions, international custom, and the principles of law generally recognized with regard to nationality.” “Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.” “According to the practice of States, to arbitral and judicial decisions and to the opinion of writers, nationality is a legal bond having as its basis a social fact of attachment, a genuine connection of existence, interest and sentiments, together with the existence of reciprocal rights and duties.”

EXTRADITION AND ASYLUM

Extradition and Asylum WHAT IS EXTRADITION? Extradition is the conventional process in which a person is surrendered by one state to another on the basis of a treaty, or comity, or some bilateral arrangement between the two sovereign states. This request of extradition made by a sovereign state is usually initiated at first place because the individual demanded by the state is charged with a crime but not tried, or tried and convicted yet the accused escaped and reached the territory of the other sovereign state.

ALIENS – ADMISSION, EXPULSION AND RIGHTS UNDER INTERNATIONAL LAW

Aliens – Admission, Expulsion And Rights Under International Law INTRODUCTION The term ‘Alien’ is generally associated with extraterrestrial beings on spaceships in outer space. In the legal aspect though, it refers to a foreign-born resident who is not a citizen by virtue of parentage or naturalization and who is still a citizen or subject of another country. It essentially means those who live in a state other than those of which they are nationals. The presence of such people in other states is legally termed as ‘aliens’.

LAW OF THE SEA – HISTORY, EVOLUTION AND PROVISIONS

LAW OF THE SEA – HISTORY, EVOLUTION AND PROVISIONS Introduction Law of the sea has developed steadily and gradually since the time of Grotius. Earlier the powerful States laid extensive claims of sovereignty over specific portions of the open sea. With the developments in trade and commerce in the 20th century and the realization of the inexhaustible use of the sea, the classic principle of ‘mare liberium’ or ‘freedom of the seas’ has been eclipsed.

TERRITORIAL SEA – MEANING, BREADTH AND THE RIGHTS OF STATES

Territorial Sea – Meaning, Breadth And The Rights Of States Introduction: Territorial sea is that part of the sea which is adjacent to the coastal State and which is bounded by the high seas on its outer edge. The Coastal State exercises its sovereignty over this area as it exercises over its internal waters. The sovereignty extends to the airspace over the territorial sea as well as its bed and sub-soil. This sovereignty accrues to a State under the customary international law which no State can refuse.

CONTINENTAL SHELF – MEANING, PRINCIPLE AND CASE LAWS

Continental Shelf – Meaning, Principle and Case Laws Introduction The concept of the continental shelf is mainly co-related with an exploitation of the natural resources from the sea adjacent to the territorial sea. This was one of the important developments after the Second World War in relation to the law of the sea was the evolution and acceptance of the concept of the continental shelf. The President of the United States proclaimed that the natural resources of the continental shelf were ‘beneath the high seas but contiguous to the coasts of the United States as appertaining to the United States and subject to its jurisdiction and control’. The continental shelf was regarded ‘as an extension of the landmass of the coastal nation’. The main reason for this action of the United States was to reserve for itself, the oil and mineral resources in the seabed which had become technologically possible to drill.

EXCLUSIVE ECONOMIC ZONE (EEZ)

Exclusive Economic Zone (EEZ) Introduction Exclusive Economic Zone (EEZ) is comparatively a concept of recent origin. The concept of EEZ was initiated by Kenya in 1972 at the Geneva session of the UN Committee on Peaceful uses of Sea-bed and Ocean Floor Beyond the limits of National Jurisdiction. The EEZ finally found a place in the Convention on the Law of the Sea of 1982. Since then, it has become a generally accepted institution of the law of the sea. In Tunisia vs Libya, [ICJ Reports 1982 p. 18] it was stated that the concept of EEZ can be regarded as a part of customary laws.

WAR UNDER INTERNATIONAL LAW

War Under International Law INTRODUCTION Law of war is the part of international law which deals with the commencement, demeanor, and termination of warfare. Its aim is to limit the suffering caused to combatants and, more particularly, to those who may be described as the victims of war—that is noncombatant civilians and those no longer able to take part in hostilities. Thus, the wounded, the sick, the shipwrecked, and prisoners of war also require protection by law. One of the primary cause of the evolution of mankind is considered to be war. There have usually been normal practices in warfare, however only within the last 150 years have States made worldwide rules to restrict the consequences of the armed battle for humanitarian reasons. There was no proper rules and regulation for the conduct of warfare.

PRINCIPLE OF NON-REFOULEMENT

Principle of Non-Refoulement Introduction: Refoulement translated roughly as ‘turning back’ of refugees, includes both the rejection of refugees at the border as well as the deportation of refugees from inside of a country. The Principle of Non-refoulement is what defines the lines around the “turning back” – who, who not, when, when not, how, how not, why, why not, etc.

DISARMAMENT – MEANING, EFFORTS, NOTABLE TREATIES AND POSITION OF INDIA

DISARMAMENT – Meaning, Efforts, Notable Treaties and Position of India Introduction Disarmament in the broad sense means the total abolition of armaments of all types – conventional as well as nuclear. It is different from regulation of armaments which means reduction and restriction of armaments. The desire for the total ban on armaments has been expressed time and again since the beginning of the 20th century, but its intensity began to grow only after the Second World War. With the use of atom bombs in Hiroshima and Nagasaki, the question of disarmament assumed new dimensions. The problem of disarmament is not only legal but is also economic, political, military and technical. Its legal aspect became significant with the efforts of the United Nations for the formulation of comprehensive international conventions.

SETTLEMENT OF DISPUTES

Settlement of Disputes Introduction Disputes are inextricably linked to international relations. Increasingly these disputes are no longer just primarily between states but also between states and other parties like international organizations and other non-state actors, and between these actors mutually. In this context, the Charter of the United Nations (UN) plays a major role, in particular, regarding disputes between states. Article 2 of the UN Charter States that all Member States have to settle their international disputes by peaceful means in such a manner that international peace and security, and justice are not endangered. This view was again confirmed in 1982 in a resolution (Res. 37/10) of the UN General Assembly, the so-called Manila Declaration on the Peaceful Settlement of International Disputes.

INTERNATIONAL COURT OF JUSTICE – ICJ

International Court of Justice – ICJ Introduction and Historical Perspective of ICJ International Court of justice – ICJ is a principal organ under International law, created to resolve the disputes between the states. It bears a great responsibility in resolving International disputes. International Court of Justice is the successor of Permanent Court of Justice.