PUBLIC INTERNATIONAL LAW SHORT ANS.

PUBLIC INTERNATIONAL LAW Unit-l:

1. Define International Law.

International Law is the body of rules and principles that governs the relations between sovereign states and other international actors such as international organizations. It provides a framework for maintaining international peace, resolving disputes, regulating diplomatic relations, and promoting cooperation among nations. According to Oppenheim, “International Law is the body of customary and conventional rules which are considered legally binding by civilized states in their relations with each other.” Its primary subjects are states, but individuals and organizations also play a role today.

2. Nature of International Law.

The nature of International Law has been a subject of debate. Some scholars consider it law because it is binding on states, while others view it as merely “positive morality.” Positivists like John Austin argued it lacks a sovereign authority to enforce rules, so it is not true law. However, modern scholars argue that International Law is law because states accept it as binding and violations often lead to sanctions, retaliation, or loss of legitimacy. Hence, its nature is both legal and moral.

3. Scope of International Law.

The scope of International Law has expanded considerably. Traditionally, it dealt with rules of war, peace, diplomacy, and state sovereignty. Today, its scope includes human rights, environmental protection, space law, economic relations, cyber law, and international criminal law. It regulates conduct not only between states but also involves individuals, organizations, and multinational corporations. Thus, International Law has transformed into a global regulatory system addressing almost all areas of international cooperation and conflict resolution.

4. Importance of International Law.

International Law is important because it provides order and predictability in international relations. It prevents conflicts by setting rules on the use of force, boundaries, and diplomatic immunity. It facilitates trade, investment, environmental protection, and human rights. It also provides mechanisms like the International Court of Justice and arbitration to resolve disputes peacefully. In a globalized world, International Law is essential for cooperation on global issues such as climate change, terrorism, and pandemics.

5. Relation between International Law and Municipal Law.

International Law and Municipal Law (domestic law) are two legal systems that often interact. Municipal Law governs individuals within a state, while International Law governs relations between states. Sometimes they overlap, for example in human rights or trade matters. The relationship depends on whether a state follows a Monist system (international law automatically applies domestically) or a Dualist system (international law must be transformed into municipal law through legislation). India follows a dualist approach, requiring domestic legislation to enforce treaties.

6. Explain Monism in International Law.

Monism is the theory that International Law and Municipal Law form a single legal system. In monist states, International Law automatically becomes part of domestic law without the need for separate legislation. For example, in the Netherlands, treaties ratified by the government directly apply to citizens and courts. Monism emphasizes the supremacy of International Law over domestic law, as international obligations are binding and must be respected by states.

7. Explain Dualism in International Law.

Dualism views International Law and Municipal Law as two separate legal systems. International Law governs relations between states, while Municipal Law governs relations within a state. For International Law to be applied domestically, it must be incorporated through legislation. For example, in the United Kingdom and India, treaties signed by the government do not automatically have legal effect unless Parliament passes an enabling law. This approach emphasizes state sovereignty.

8. Sources of International Law.

The sources of International Law are listed in Article 38(1) of the Statute of the International Court of Justice (ICJ). They include:

International conventions (treaties).
International custom, as evidence of general practice accepted as law.
General principles of law recognized by civilized nations.
Judicial decisions and scholarly writings (subsidiary sources).
These sources together provide the foundation for rules and principles binding states in international relations.

9. Treaties as a Source of International Law.

Treaties are formal agreements between states or international organizations that create binding legal obligations. They are considered the most important source of International Law today. Treaties can be bilateral, regional, or multilateral, and cover diverse subjects such as peace, trade, human rights, and the environment. Once ratified, states are legally bound to honor their commitments under the principle of pacta sunt servanda (agreements must be kept).

10. Customary International Law.

Customary International Law consists of rules derived from consistent and general state practice, followed by states out of a sense of legal obligation (opinio juris). For example, the principle of diplomatic immunity and prohibition of genocide are customary rules. Customary law is important because it binds all states, even those that have not signed specific treaties, provided they have not persistently objected to the rule.

11. General Principles of Law.

General principles of law recognized by civilized nations are also a source of International Law. These are principles found in most domestic legal systems, such as the principle of good faith, equity, estoppel, and justice. They help fill gaps in International Law when treaties or customary law do not provide clear guidance. For instance, the principle of equity has been applied in maritime boundary disputes.

12. Judicial Decisions as a Source.

Judicial decisions of international courts and tribunals, such as the International Court of Justice (ICJ), are recognized as subsidiary means for determining rules of law. While they are not binding precedents in the strict sense, they have great persuasive authority. ICJ judgments often clarify and develop International Law. Similarly, decisions of other tribunals like the International Criminal Court and arbitration panels contribute to its development.

13. Writings of Jurists as a Source.

The writings of eminent jurists, such as Grotius, Oppenheim, and Kelsen, are considered subsidiary sources of International Law under Article 38 of the ICJ Statute. These writings help interpret and explain legal principles, especially in areas where treaties and customs are silent. They are not binding, but they hold persuasive value in shaping and understanding international legal norms.

14. Codification of International Law.

Codification means the systematic arrangement and writing down of rules of International Law into treaties or conventions. It helps in clarifying, unifying, and developing International Law. The International Law Commission (ILC) established by the UN in 1947 plays a major role in codification. Examples include the Vienna Convention on the Law of Treaties (1969) and the UN Convention on the Law of the Sea (1982).

15. International Law Commission (ILC).

The International Law Commission (ILC) is a body established by the United Nations in 1947 to promote the codification and progressive development of International Law. It drafts conventions, studies legal issues, and recommends new areas of codification. Important achievements include the Vienna Convention on the Law of Treaties and the Draft Articles on State Responsibility. The ILC plays a key role in strengthening international legal order.

16. Is International Law True Law?

There is debate about whether International Law is “true law.” Critics like John Austin argue it is not, because it lacks a sovereign authority and sanctions. However, modern scholars argue it is true law because states accept it as binding, violations invite consequences like sanctions, loss of recognition, or military action, and institutions like the UN and ICJ enforce it. Hence, International Law is real law, though its enforcement is decentralized.

17. Difference between International Law and Municipal Law.

International Law regulates relations between states and international actors, while Municipal Law regulates individuals within a state. International Law derives from treaties, customs, and general principles, while Municipal Law comes from a sovereign legislature. Enforcement in International Law is decentralized (via diplomacy, sanctions, or international tribunals), while Municipal Law is enforced by courts and police. Despite these differences, both systems influence each other.

18. Importance of Codification.

Codification makes International Law more certain, accessible, and uniform. Without codification, much of International Law would remain vague and based on customs. Codified treaties like the UN Charter, Geneva Conventions, and Law of the Sea provide clarity and predictability. Codification also promotes international cooperation by ensuring that states clearly understand their rights and obligations. It reduces disputes and strengthens the rule of law internationally.

19. Role of International Court of Justice in Sources.

The International Court of Justice (ICJ) plays a significant role in interpreting and applying the sources of International Law. It uses treaties, customs, general principles, judicial decisions, and writings of jurists to resolve disputes. Its judgments contribute to the development of customary law and clarify vague principles. For example, in the Nicaragua v. USA case, the ICJ clarified rules on the use of force and non-intervention.

20. Contribution of Grotius to International Law.

Hugo Grotius, often called the “Father of International Law,” made significant contributions through his work De Jure Belli ac Pacis (On the Law of War and Peace, 1625). He emphasized the idea of natural law, the freedom of the seas, and limitations on war. Grotius argued that nations are bound by common legal principles derived from natural reason. His ideas laid the foundation for modern International Law and continue to influence its development.

PUBLIC INTERNATIONAL LAW Unit-Il:

State Recognition

1. Define State Recognition in International Law.

State recognition is the formal acknowledgment by existing states that a political entity qualifies as a state under international law. It confirms the entity’s rights and obligations as a sovereign state. Recognition may be de jure (legal, permanent) or de facto (provisional, factual). Recognition is important for establishing diplomatic relations, entering into treaties, and participating in international organizations. For example, when South Sudan was recognized in 2011, it became entitled to UN membership. Recognition is generally a political act but guided by legal principles, including the Montevideo Convention criteria (permanent population, defined territory, government, and capacity for international relations). Thus, recognition transforms a community from merely exercising power into being part of the international legal order.

2. Distinguish between De Jure and De Facto Recognition.

De Jure recognition is a full and permanent acknowledgment of a state’s legal status and sovereignty. It grants the recognized state full rights, including the ability to sue in foreign courts, diplomatic privileges, and treaty-making power. De Facto recognition, on the other hand, is provisional and limited, usually granted when a new government controls territory but its permanence is uncertain. For instance, the UK recognized the Soviet government de facto in 1921, but granted de jure recognition only in 1924 after stability was confirmed. De facto recognition allows some relations, like trade, but lacks full legal consequences. Thus, the key difference lies in permanence and scope: de jure is complete and legal, while de facto is temporary and factual acknowledgment.

3. Explain the Constitutive Theory of Recognition.

The Constitutive Theory holds that recognition by other states is essential for an entity to become a state under international law. According to this view, no political community can attain international legal personality without recognition. For example, if a newly formed state fulfills the Montevideo criteria but remains unrecognized by other states, it cannot enjoy rights like diplomatic immunity or treaty-making. This theory emphasizes the political nature of recognition, making statehood dependent on international acceptance. Critics argue that this creates uncertainty because statehood should be based on objective facts, not political will. Nevertheless, the theory explains why entities like Northern Cyprus, despite functioning as states, are not treated as such internationally due to lack of recognition.

4. Explain the Declaratory Theory of Recognition.

The Declaratory Theory asserts that recognition does not create a state but merely acknowledges an existing fact. According to this view, if an entity fulfills the Montevideo criteria (population, territory, government, capacity for relations), it becomes a state regardless of recognition. Recognition only declares what already exists. For example, Bangladesh in 1971 fulfilled statehood requirements, and its recognition by other states was seen as a declaration, not the cause of its statehood. This theory is widely accepted because it ensures objectivity and prevents political manipulation of recognition. However, in practice, recognition is still important because without it, a state may face difficulties in international relations, trade, and participation in organizations like the UN.

5. What is the Difference between Recognition of States and Governments?

Recognition of a state acknowledges its legal personality and sovereignty, while recognition of a government acknowledges the authority of a specific regime controlling that state. For instance, the United States recognized China as a state long before recognizing the Communist government in 1979. Recognition of governments is usually granted when they exercise effective control, stability, and willingness to fulfill international obligations. Recognition of states is permanent, whereas recognition of governments can change with political developments, such as when new regimes come to power through revolution or coup. Thus, recognizing a state affirms its existence, but recognizing a government affirms its authority to represent the state internationally.

State Succession

6. Define State Succession in International Law.

State succession refers to the replacement of one state by another in responsibility for international relations of a territory. It occurs when sovereignty changes due to decolonization, secession, merger, or dissolution. For example, when the Soviet Union dissolved in 1991, Russia succeeded as its primary successor state. Succession covers issues like treaties, debts, property, and membership in international organizations. The Vienna Convention on Succession of States (1978, 1983) provides guidance but is not universally accepted. Generally, newly independent states are not bound by colonial treaties unless they accept them. State succession ensures continuity of obligations and prevents legal vacuums in international law.

7. What are the Types of State Succession?

There are mainly four types of state succession:

Universal succession – A state dissolves completely and new states replace it, e.g., breakup of Yugoslavia.
Partial succession – A part of the state separates to form a new state, e.g., Bangladesh seceding from Pakistan in 1971.
Unification – Two or more states merge to form a new one, e.g., unification of East and West Germany in 1990.
Cession – A territory is transferred from one state to another by treaty, e.g., Alaska purchase from Russia to the USA in 1867.
Each type raises legal questions about treaties, debts, and property. Thus, succession ensures continuity while balancing rights and obligations of old and new states.

8. How are Treaties affected by State Succession?

The effect of state succession on treaties depends on the nature of succession. Under the clean slate principle, newly independent states (often former colonies) are not bound by predecessor treaties unless they consent. For example, many African states after independence rejected colonial treaties. In contrast, in cases of continuity (like Russia after USSR dissolution), treaties remain binding. The Vienna Convention on Succession of States in respect of Treaties (1978) reflects these rules, distinguishing between boundary treaties (which continue automatically) and political treaties (which may lapse). Thus, succession balances stability of international relations with the sovereignty of new states.

9. How does State Succession affect Public Property and Debts?

When succession occurs, state property (embassies, consulates, public land) generally passes to the successor state controlling the territory. For example, after India’s independence in 1947, state property within its territory passed to it. State debts, however, are more controversial. In many cases, successor states reject colonial debts, as seen in African decolonization. The Vienna Convention (1983) states that newly independent states are not automatically responsible for predecessor debts, except where there is an agreement. However, in cases of continuity (e.g., Russia after USSR), debts usually transfer. Hence, succession aims to strike fairness between creditor rights and successor sovereignty.

10. Explain Succession of States in respect of Membership in International Organizations.

Membership in international organizations often depends on whether the new state is a continuator or a new entity. For example, after the dissolution of the Soviet Union, Russia was recognized as the successor and retained its UN Security Council seat. In contrast, other former republics (e.g., Ukraine, Georgia) had to apply as new members. Similarly, when Czechoslovakia split in 1993, neither Czech Republic nor Slovakia was treated as a continuator; both reapplied for UN membership. Thus, succession in organizations depends on international practice, political acceptance, and the rules of the organization rather than strict legal principles.

Responsibility of States for International Delinquencies

11. What is State Responsibility in International Law?

State responsibility refers to the liability of states for wrongful acts committed in violation of international law. It arises when an act attributable to the state breaches an international obligation, such as aggression, violation of human rights, or breach of treaties. The International Law Commission (ILC) Draft Articles (2001) codify principles of state responsibility. Consequences include restitution, compensation, or satisfaction to the injured state. For example, in the Corfu Channel Case (UK v. Albania, 1949), Albania was held responsible for failing to warn about mines in its waters. State responsibility ensures accountability in the international legal system.

12. What are International Delinquencies of States?

International delinquencies are wrongful acts committed by states in violation of international law. Examples include unlawful use of force, genocide, aggression, violation of sovereignty, and breach of treaties. Such delinquencies attract responsibility, requiring states to make reparations, apologies, or face sanctions. For instance, Iraq’s invasion of Kuwait in 1990 was condemned as an international delinquency, leading to UN-authorized force and reparations. These wrongful acts may also trigger collective responsibility under the UN system. Thus, delinquencies emphasize that states, like individuals, are not above law but bound by rules of international conduct.

13. What are the Conditions for State Responsibility?

Two essential conditions must be met for state responsibility:

Attribution – The wrongful act must be attributable to the state, such as actions of its organs, officials, or agents. For example, actions of the military are attributable to the state.
Breach of International Obligation – The act must violate a binding international rule, such as aggression, treaty violation, or human rights abuse.
If these conditions are met, the state must provide remedies such as restitution, compensation, or satisfaction. This framework ensures that responsibility is based on legal, not political, grounds.

14. Explain the Consequences of State Responsibility.

When a state commits an international wrongful act, consequences include:

Restitution – Restoring the situation to its original state.
Compensation – Monetary payment for loss or damage.
Satisfaction – Formal apology or acknowledgment of wrongdoing.
Countermeasures – Other states may take lawful retaliatory measures.
For example, Germany was required to pay reparations after World War II. Similarly, in the US v. Iran Hostage Case (1980), Iran was held responsible for failing to protect US diplomats. Thus, consequences of responsibility aim to ensure justice, restore peace, and uphold international law.

15. What is the difference between Individual and State Responsibility in International Law?

Individual responsibility applies to persons for crimes like genocide, war crimes, and crimes against humanity under international criminal law (e.g., International Criminal Court prosecutions). State responsibility, on the other hand, applies to sovereign states for wrongful acts such as aggression, treaty violation, or unlawful intervention. While individuals may face imprisonment, states face reparations, sanctions, or loss of rights. For example, the Nuremberg Trials punished individuals, while Germany as a state paid reparations. Both concepts complement each other by ensuring accountability at both personal and state levels.

State Territory – Modes of Acquisition

16. Define State Territory in International Law.

State territory refers to the geographical area under the sovereignty of a state, including land, rivers, airspace, territorial sea, and subsoil. Territory is essential for statehood, as per the Montevideo Convention. Without defined territory, a political entity cannot qualify as a state. International law recognizes various ways of acquiring territory, such as occupation, prescription, cession, annexation, and accretion. Disputes over territory are often settled by treaties, arbitration, or judicial decisions, such as the Island of Palmas Case (1928). Thus, territory provides the physical basis for sovereignty and international recognition of states.

17. What are the Modes of Acquiring State Territory?

The main modes are:

Occupation – Acquiring terra nullius (no man’s land).
Prescription – Continuous possession without objection.
Cession – Transfer by treaty (e.g., Alaska from Russia to USA).
Accretion – Natural addition of land (e.g., river deposits).
Annexation – Acquisition by force (illegal under UN Charter).
These modes reflect both historical practices and modern restrictions, especially the prohibition on forceful annexation. Thus, territory is acquired lawfully only through consent, prescription, or natural processes.

18. Explain Occupation as a Mode of Acquiring Territory.

Occupation refers to acquisition of territory that is terra nullius (belonging to no one). For example, historically, colonial powers claimed uninhabited islands by occupation. Modern international law restricts occupation since few areas remain unclaimed. Effective occupation requires actual possession, administration, and intention to act as sovereign. The Island of Palmas Case (1928) emphasized effective control over mere discovery. Today, outer space and high seas are not subject to occupation due to treaties declaring them common heritage of mankind. Thus, occupation remains a historical but limited mode of acquiring territory.

19. Explain Prescription as a Mode of Acquiring Territory.

Prescription occurs when a state continuously and peacefully exercises sovereignty over a territory for a long time without objection from other states. For example, India’s control over Sikkim eventually led to recognition of its sovereignty. The principle is based on stability and acceptance of factual control. The Island of Palmas Case confirmed that peaceful and effective possession creates stronger title than historical claims. Prescription differs from occupation because the territory was not originally terra nullius but under another state’s sovereignty, which is gradually lost through acquiescence.

20. Explain Cession as a Mode of Acquiring Territory.

Cession occurs when one state transfers territory to another through a treaty or agreement. It may be voluntary (e.g., France ceding Louisiana to the USA in 1803) or imposed (e.g., Treaty of Versailles after World War I). Cession is recognized as a lawful method since it is based on consent. Once ceded, the successor state acquires full sovereignty, including rights over land, population, and resources. Modern international law requires that the transfer respect principles of self-determination, meaning people’s wishes must be considered. Thus, cession reflects peaceful transfer of territory under international law.

PUBLIC INTERNATIONAL LAW Unit-lII:

1. Position of Individual in International Law

Traditionally, International Law was concerned only with states as subjects, while individuals were mere objects. However, the position of individuals has significantly evolved. Today, individuals enjoy rights and bear duties under International Law. For example, international human rights instruments such as the Universal Declaration of Human Rights (1948), ICCPR (1966), and ICESCR (1966) guarantee civil, political, economic, and cultural rights. At the same time, individuals are held directly responsible for international crimes like genocide, war crimes, and crimes against humanity before bodies such as the International Criminal Court (ICC). Extradition treaties, asylum provisions, and nationality laws also directly affect individuals. Moreover, individuals may petition international tribunals and human rights bodies, e.g., the European Court of Human Rights. Thus, the individual is now considered an important subject of International Law, enjoying rights, protections, and obligations beyond the municipal legal framework.

2. Nationality, Extradition, and Asylum

Nationality is the legal bond between a state and an individual, conferring mutual rights and duties. It determines diplomatic protection and eligibility for rights within a state. International law recognizes principles of nationality acquisition such as jus soli (by birth in territory) and jus sanguinis (by descent).

Extradition is the process by which one state surrenders an accused or convicted person to another state for prosecution or punishment. It is usually governed by bilateral or multilateral treaties, ensuring that fugitives cannot escape justice by crossing borders. However, extradition is subject to conditions such as the principle of double criminality and non-extradition for political offences.

Asylum refers to protection granted by a state to individuals fleeing persecution in their home country. It may be territorial (granted within the territory) or diplomatic (granted in embassies). Asylum reflects humanitarian principles but often conflicts with the demand for extradition. These three concepts together highlight the intersection of individual rights and state sovereignty under international law.

3. Privileges and Immunities of Diplomatic Envoys

Diplomatic envoys are crucial for maintaining peaceful relations among states. To ensure their effective functioning, International Law, particularly the Vienna Convention on Diplomatic Relations (1961), grants them privileges and immunities. These include personal inviolability, meaning they cannot be arrested or detained, and their residences and property are protected. Diplomatic envoys also enjoy immunity from criminal, civil, and administrative jurisdiction of the receiving state, though exceptions exist for private commercial activities or immovable property disputes. Additionally, they are exempt from most taxes and customs duties. Diplomatic communication is protected through inviolability of diplomatic bags and correspondence. These privileges are not for the personal benefit of diplomats but to ensure smooth performance of their official duties, safeguarding international relations. However, abuse of immunity can be addressed by the sending state through waiver or by declaring the diplomat persona non grata. Thus, diplomatic immunities balance state sovereignty with functional necessity.

4. Treaties – Formation, Consent, Reservation, and Termination

A treaty is a formal agreement between states or international organizations governed by International Law. The Vienna Convention on the Law of Treaties (1969) codifies most rules relating to treaties. Formation involves negotiation, adoption of the text, authentication, and expression of consent.

Modes of consent include signature, ratification, accession, and exchange of instruments, depending on treaty provisions and domestic constitutional requirements.

Reservation refers to a unilateral statement by a state, when signing or ratifying a treaty, to exclude or modify the legal effect of certain provisions. While reservations promote wider participation, they must not defeat the treaty’s object and purpose.

Termination of treaties may occur through mutual consent, expiry of time, fulfillment of purpose, material breach, or emergence of new rules of jus cogens. States may also withdraw if the treaty so permits. Thus, treaties remain the most significant source of international obligations, balancing state sovereignty with global cooperation.

5. Acquisition of Nationality

Nationality is acquired through different principles recognized under international and municipal laws. The two main principles are jus soli (right of the soil) and jus sanguinis (right of blood). Under jus soli, nationality is granted to a person born within the territory of a state, regardless of the nationality of parents (e.g., U.S.A.). Under jus sanguinis, nationality is based on descent, where a child inherits the nationality of one or both parents, regardless of birthplace (e.g., Germany, India). Other modes include naturalization, which is the process by which a foreigner acquires nationality after fulfilling residency and other conditions, and marriage, where a spouse may acquire nationality of the other partner’s state. Nationality may also be acquired by incorporation of territory, when a state annexes new land, granting nationality to inhabitants. Thus, nationality is both a legal status and a bond of loyalty, determining individual rights and state responsibility.

6. Loss of Nationality

Loss of nationality occurs when a person ceases to be a national of a state, either voluntarily or involuntarily. Voluntary renunciation allows an individual to give up nationality, often to acquire another. Deprivation occurs when a state withdraws nationality, usually for fraud in acquisition, disloyalty, or serving in a foreign army. Another mode is automatic loss, where acquisition of a new nationality leads to automatic forfeiture of the original nationality. International law discourages statelessness, as it deprives individuals of protection and rights. The 1961 Convention on the Reduction of Statelessness sets guidelines to prevent arbitrary deprivation. However, states retain discretion, subject to human rights obligations. For example, India allows voluntary renunciation but prohibits dual nationality, meaning that acquiring foreign nationality results in automatic loss of Indian citizenship. Loss of nationality affects rights to residence, political participation, and diplomatic protection.

7. Statelessness in International Law

A stateless person is someone who is not considered a national by any state under its law. Statelessness arises due to conflicts of nationality laws, discriminatory practices, state succession, or arbitrary deprivation. For example, children born to refugee parents may not acquire nationality if neither the state of birth nor the parents’ state recognizes them. The 1954 Convention relating to the Status of Stateless Persons provides a legal framework for protecting such individuals, granting them rights similar to refugees. The 1961 Convention on the Reduction of Statelessness obliges states to prevent and reduce statelessness, including by granting nationality to children born on their territory who would otherwise be stateless. Statelessness is a serious human rights issue, leading to denial of education, employment, healthcare, and political participation. International law emphasizes the right of every individual to a nationality, as recognized under Article 15 of the Universal Declaration of Human Rights (1948).

8. Dual Nationality

Dual nationality arises when an individual is considered a national of two or more states simultaneously. This may occur due to differing nationality laws: for example, a child born in the U.S. (jus soli) to Indian parents (jus sanguinis) may hold both U.S. and Indian nationality. While some states permit dual nationality, others prohibit it. India, for example, does not allow dual nationality; acquiring another nationality leads to automatic loss of Indian citizenship. Dual nationality can create both advantages and problems. On one hand, it allows individuals to enjoy rights in multiple states, such as residence, employment, and property ownership. On the other hand, it raises issues of double taxation, compulsory military service, and diplomatic protection. International law generally leaves regulation of dual nationality to states, though treaties like the Hague Convention (1930) sought to address conflicts. Today, globalization has increased acceptance of dual nationality, especially in migrant-receiving countries.

9. Principle of Extradition

Extradition is based on the principle that criminals should not escape justice by taking refuge in another country. Its legal basis is primarily treaty obligations, though some states allow extradition based on reciprocity or domestic law. Key principles governing extradition include:

Double Criminality – The act must be a crime in both states.
Speciality Rule – The extradited person can be tried only for the offence for which extradition was granted.
Non-Extradition of Nationals – Many states refuse to extradite their own citizens.
Non-Extradition for Political Offences – Political criminals, such as those fighting against oppressive regimes, are generally protected.
Humanitarian Grounds – Extradition may be denied if the individual risks torture, unfair trial, or death penalty.
Extradition is vital for international cooperation against crime, terrorism, and corruption, but remains subject to state sovereignty and human rights obligations.

10. Grounds for Refusal of Extradition

Even where an extradition treaty exists, states may refuse extradition on several grounds. The most common ground is political offences, where individuals are accused of acts like treason or sedition, often seen as part of political struggle rather than common crime. Nationality is another ground; many states refuse to extradite their own citizens, preferring to try them domestically. Human rights concerns are increasingly recognized, with states refusing extradition if the person faces risk of torture, inhumane treatment, or the death penalty. Lack of double criminality is another reason, where the alleged act is not an offence in the requested state. Insufficient evidence or procedural irregularities can also bar extradition. Additionally, if the offence is time-barred under the statute of limitations, extradition may be denied. Thus, while extradition promotes international justice, refusal grounds balance state sovereignty, humanitarian considerations, and protection of individuals.

11. Types of Asylum

Asylum refers to protection granted by a state to foreign nationals fleeing persecution. It is of two main types:

Territorial Asylum – Granted within the territory of a state to individuals fleeing persecution for reasons of race, religion, nationality, political opinion, or membership of a social group. This is the most common form, governed by international refugee law and the 1951 Refugee Convention.
Diplomatic Asylum – Granted within embassies, consulates, or diplomatic premises of a state situated in another country. This form is controversial, recognized mainly in Latin American states under the Caracas Convention (1954).
Other forms include neutral asylum, granted during armed conflicts to belligerents, and temporary asylum, given until the danger subsides. The principle of non-refoulement, under international law, prohibits returning an asylum seeker to a country where they face persecution. Thus, asylum balances humanitarian needs with the sovereignty and security concerns of states.

12. Right of Asylum under International Law

The right of asylum is not an absolute right but a sovereign prerogative of states. International law does not oblige states to grant asylum but recognizes that individuals have the right to seek it. Article 14 of the Universal Declaration of Human Rights (1948) declares that everyone has the right to seek and enjoy asylum from persecution. The 1951 Refugee Convention and its 1967 Protocol provide legal protections to refugees, including non-refoulement, ensuring they are not returned to danger. However, the decision to grant asylum lies with the state, subject to humanitarian principles. Asylum seekers must demonstrate a well-founded fear of persecution based on race, religion, nationality, membership of a particular social group, or political opinion. States may refuse asylum for reasons of national security or involvement in serious crimes. Thus, while asylum reflects international humanitarian values, its grant depends largely on state discretion.

13. Diplomatic Envoys – Appointment and Functions

Diplomatic envoys are official representatives of one state in another, ensuring peaceful international relations. Their appointment involves nomination by the sending state and acceptance (agrément) by the receiving state. Once appointed, envoys present their letters of credence to the head of state of the host country. Their functions, codified in the Vienna Convention on Diplomatic Relations (1961), include representing the sending state, negotiating with the host government, promoting friendly relations, and protecting the interests of their nationals abroad. They also report on political, economic, and cultural developments and assist in concluding treaties. Diplomats may also mediate disputes and foster trade and cultural exchanges. Given these functions, their privileges and immunities are essential for independence and effectiveness. If relations sour, the receiving state may declare a diplomat persona non grata, compelling withdrawal. Thus, envoys are key actors in international peace and cooperation.

14. Immunities of Consuls vs. Diplomats

While both consuls and diplomats represent their states abroad, their privileges and immunities differ significantly. Diplomats (under the Vienna Convention on Diplomatic Relations, 1961) enjoy broad immunities, including complete immunity from criminal jurisdiction, inviolability of person, and immunity from most civil suits. Their residences and communication channels are also inviolable. Consuls, on the other hand, are primarily engaged in administrative and commercial functions such as issuing visas, assisting nationals, and promoting trade. Under the Vienna Convention on Consular Relations (1963), they enjoy limited immunities: they can be tried for serious crimes, may be sued in civil matters unrelated to official functions, and do not enjoy absolute inviolability. Consular premises may be entered with consent. Thus, while diplomats are protected to ensure political functions, consuls have only functional immunities tied to their specific duties.

15. Vienna Convention on Diplomatic Relations, 1961

The Vienna Convention on Diplomatic Relations (VCDR), 1961, is the cornerstone of modern diplomatic law. It codifies long-standing customary practices relating to diplomatic privileges and immunities. The Convention establishes rules on appointment of diplomatic agents, functions of missions, and duties of diplomats. It grants personal inviolability, immunity from jurisdiction, and inviolability of premises, archives, and correspondence. At the same time, it emphasizes that these privileges are not for personal benefit but to ensure effective performance of functions. Diplomats are also under a duty to respect the laws of the receiving state and not interfere in its internal affairs. The Convention allows the receiving state to declare a diplomat persona non grata, requiring withdrawal. Almost universally ratified, the VCDR has strengthened peaceful international relations by providing a uniform legal framework, balancing sovereignty with the functional necessity of diplomacy.

16. Definition and Types of Treaties

A treaty is a formal agreement between states or international organizations governed by international law. The Vienna Convention on the Law of Treaties (1969) defines it as an international agreement in written form. Treaties may be bilateral (between two states) or multilateral (involving many states, e.g., UN Charter). They may also be classified as law-making treaties, which create general rules applicable to all (e.g., Geneva Conventions), or treaty contracts, which regulate specific relations between particular states (e.g., boundary treaties). Other classifications include open treaties, accessible to all states, and closed treaties, limited to certain parties. Treaties are a primary source of international law, binding states through consent. They cover diverse areas such as peace, trade, environment, disarmament, and human rights. Treaties reflect the principle pacta sunt servanda—agreements must be kept—which is central to international order.

17. Formation of Treaties

The process of treaty formation follows established steps under the Vienna Convention (1969). First, negotiation takes place, where states discuss terms. Next, adoption of the treaty text occurs, usually by consensus or two-thirds majority in conferences. Authentication then ensures the accuracy of the text, often through signatures. The crucial step is expression of consent to be bound, which may occur through signature, ratification, acceptance, approval, or accession, depending on treaty provisions and domestic laws. Ratification is particularly significant, as it allows states to review treaty obligations through internal procedures before becoming legally bound. Once a sufficient number of parties express consent, the treaty enters into force. Registration with the United Nations under Article 102 of the UN Charter ensures transparency. This structured process reflects the voluntary but binding nature of treaties in international law.

18. Modes of Consent in Treaties

Consent to be bound by a treaty is central to international law, as states cannot be compelled without their agreement. The Vienna Convention outlines several modes:

Signature – Sometimes sufficient for binding effect, especially in bilateral treaties.
Ratification – A formal act by which states confirm consent after domestic approval.
Accession – A method for states not present at negotiation to join later.
Acceptance or Approval – Similar to ratification but usually for less formal treaties.
Consent may also be expressed through exchange of instruments in bilateral treaties. Regardless of the form, consent must be given freely; treaties concluded under coercion, fraud, or against jus cogens norms are invalid. These modes ensure flexibility in participation, balancing state sovereignty with the need for international cooperation.

19. Reservation in Treaties

A reservation is a unilateral statement made by a state, when signing, ratifying, accepting, or acceding to a treaty, whereby it seeks to exclude or modify the legal effect of certain treaty provisions. Reservations allow states to participate in multilateral treaties without being bound by all provisions, thus encouraging wider acceptance. However, Article 19 of the Vienna Convention limits reservations: they must not be prohibited by the treaty, must comply with the treaty’s reservation clauses, and must not defeat the object and purpose of the treaty. Other states may accept or object to reservations, affecting the reserving state’s treaty relations. For example, many states have made reservations to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). While reservations promote inclusivity, excessive use may weaken the treaty’s effectiveness, raising concerns in human rights instruments.

20. Termination of Treaties

Treaties may be terminated in various ways under the Vienna Convention. The most common method is mutual consent, where parties agree to end the treaty. Some treaties end upon expiry of time or fulfillment of purpose, such as peace treaties after conflict resolution. Material breach by one party may allow others to suspend or terminate obligations. Treaties may also terminate due to fundamental change of circumstances (rebus sic stantibus), though this is narrowly applied to prevent abuse. Emergence of a new peremptory norm of jus cogens automatically renders conflicting treaties void. States may also withdraw if the treaty expressly allows. For example, the U.S. withdrew from the Paris Climate Agreement under its withdrawal clause. Termination ensures flexibility but must follow legal rules, maintaining stability and trust in international relations.

PUBLIC INTERNATIONAL LAW Unit-lV:

1. The Legal Regime of the Seas

The legal regime of the seas refers to the body of international rules governing the use of the world’s oceans and seas. Historically, the seas were considered res communis, free for use by all. However, with increasing navigation, trade, fishing, and resource exploration, states began asserting sovereignty over maritime zones. The modern regime is codified under the United Nations Convention on the Law of the Sea (UNCLOS, 1982), which balances freedom of navigation with coastal state rights. It divides the sea into maritime zones: territorial sea, contiguous zone, exclusive economic zone (EEZ), continental shelf, and high seas. Each zone has specific rights and duties. While the coastal state enjoys sovereignty in the territorial sea, the EEZ grants sovereign rights for resource exploitation. The high seas remain open to all states under the principle of freedom. This legal framework ensures sustainable use of marine resources, peaceful navigation, and protection of the marine environment. It also establishes mechanisms for dispute resolution, primarily through the International Tribunal for the Law of the Sea (ITLOS).

2. Evolution of the Law of the Sea

The evolution of the law of the sea reflects humanity’s changing interaction with oceans. In ancient times, seas were considered open for all. Roman law referred to the sea as res communis, belonging to no one. In the 17th century, Hugo Grotius advanced the doctrine of mare liberum (freedom of the seas), opposing territorial claims by Portugal and Spain. Conversely, John Selden’s mare clausum argued for national control over adjacent waters. During the 18th and 19th centuries, the “cannon shot rule” allowed states sovereignty over territorial seas extending three nautical miles. With the rise of fishing, oil exploration, and technological advances, new demands for wider maritime control emerged. The 20th century witnessed growing disputes over continental shelves and fisheries. The United Nations convened three major conferences on the law of the sea, culminating in the 1982 UNCLOS, which comprehensively codified maritime law. It expanded territorial seas, introduced EEZs, and recognized the deep seabed as the “common heritage of mankind.” Today, UNCLOS remains the “constitution of the oceans,” governing navigation, resources, and environmental protection.

3. Freedoms of the High Seas

The high seas are areas of the ocean not subject to the sovereignty of any state, lying beyond national jurisdiction, including the exclusive economic zone (EEZ) of 200 nautical miles. UNCLOS defines the high seas as open to all states, whether coastal or landlocked, under the principle of freedom. These freedoms include navigation, overflight, laying submarine cables and pipelines, constructing artificial islands, fishing, and scientific research. However, these freedoms are not absolute; they must be exercised with due regard for the interests of other states and international obligations. For example, states must cooperate to conserve living resources and prevent piracy, slavery, or drug trafficking. Warships and government vessels enjoy immunity on the high seas, but enforcement against illegal acts like piracy is permitted under universal jurisdiction. The freedom of the high seas symbolizes equality of states in using global commons, ensuring that no state monopolizes oceanic areas. Thus, it balances liberty with responsibility, ensuring peaceful and sustainable use.

4. The Principle of Common Heritage of Mankind

The principle of the “common heritage of mankind” governs resources in areas beyond national jurisdiction, especially the deep seabed and outer space. First articulated by Ambassador Arvid Pardo of Malta in 1967, it was incorporated in the 1982 UNCLOS. The seabed beyond national jurisdiction, known as “the Area,” and its resources are declared common heritage of mankind. This principle prohibits appropriation by states or private entities and requires that exploitation be carried out for the benefit of all humanity, with special regard for developing countries. The International Seabed Authority (ISA) administers these resources, ensuring equitable sharing of benefits. Similarly, the Moon Treaty and Outer Space Treaty adopt this principle for celestial bodies. The idea reflects solidarity and equity in using global commons. It counters excessive exploitation by powerful states and promotes sustainable development. Though implementation faces challenges, especially with resistance from industrialized states, the principle remains a cornerstone of international law in governing shared spaces beyond sovereign control.

5. United Nations Convention on the Law of the Sea (UNCLOS)

UNCLOS, adopted in 1982, is the most comprehensive treaty governing oceans and seas. Often called the “constitution of the oceans,” it codifies customary law and establishes a detailed framework for maritime zones and state rights. It defines territorial seas (12 nautical miles), contiguous zones (24 nautical miles), exclusive economic zones (200 nautical miles), and continental shelves. It balances coastal state sovereignty with international rights of navigation. The treaty regulates passage through straits, protection of the marine environment, marine scientific research, and dispute settlement. Part XI introduces the principle of “common heritage of mankind” for deep seabed resources, administered by the International Seabed Authority. It also created institutions like the International Tribunal for the Law of the Sea (ITLOS). UNCLOS has near-universal acceptance, with over 160 parties. However, some countries, like the USA, have not ratified it, though they follow its provisions as customary law. Overall, UNCLOS represents a milestone in ensuring order, equity, and sustainability in ocean governance.

6. Legal Regime of Airspace

The legal regime of airspace concerns sovereignty, navigation rights, and liability in aviation. The fundamental principle, codified in the Paris Convention of 1919 and reaffirmed in the Chicago Convention of 1944, is that every state has complete and exclusive sovereignty over the airspace above its territory. Unlike the seas, airspace is not free; it is subject to state control. International law distinguishes between airspace and outer space. Aircraft cannot enter foreign airspace without consent, except for emergency landings or agreements. States regulate civil and military aviation, ensuring safety and security. International air law is shaped by treaties, such as the Warsaw Convention on liability for damage and the Chicago Convention establishing the International Civil Aviation Organization (ICAO). The legal regime balances state sovereignty with the need for international cooperation in navigation, safety, and commerce. With technological advances, airspace law continues to evolve, especially regarding drones, cyber threats, and militarization.

7. Paris Convention of 1919

The Paris Convention, signed after World War I, was the first major international treaty regulating aviation. It established the fundamental principle that every state has absolute sovereignty over the airspace above its territory. This principle has guided all subsequent air law. The Convention created rules for international air navigation and recognized the right of innocent passage for civilian aircraft with prior authorization. It established uniformity in aircraft registration, nationality marks, and certificates of airworthiness. Though limited in scope, it set the foundation for aviation cooperation. The Paris Convention also introduced a system for controlling aerial navigation through an International Commission for Air Navigation (ICAN). However, its effectiveness was reduced because not all states joined, and it failed to adapt to rapid technological developments in aviation. Nonetheless, its emphasis on sovereignty and cooperation shaped later conventions, particularly the Chicago Convention of 1944, which remains the cornerstone of modern aviation law.

8. Havana Convention of 1928

The Havana Convention on Commercial Aviation, signed by American states under the Pan-American Union, complemented the Paris Convention. It reaffirmed state sovereignty over airspace and facilitated the growth of commercial aviation across the Americas. It provided rules for nationality and registration of aircraft, conditions for entry and exit, and safety regulations. The Convention emphasized mutual recognition of airworthiness certificates and pilot licenses, promoting standardization. It also introduced liability rules for damages caused by aircraft to third parties. Unlike the Paris Convention, which was European-led, the Havana Convention represented a regional effort to adapt air law to local needs, particularly in Latin America. Though eventually superseded by the Chicago Convention, it was significant in promoting international cooperation and harmonization in aviation law. It demonstrated the growing realization that aviation required uniform legal frameworks, balancing state sovereignty with the needs of expanding commercial air transport.

9. Warsaw Convention of 1929

The Warsaw Convention of 1929 is one of the most important treaties in international air law, primarily addressing the liability of airlines for damage to passengers, baggage, and cargo during international flights. It standardized documentation, such as tickets and air waybills, and introduced uniform rules for compensation. The Convention limited the liability of air carriers to encourage the growth of the aviation industry, protecting them from excessive claims while ensuring passengers received some compensation. It also regulated jurisdiction for lawsuits, allowing claims to be brought in specific forums. The Warsaw system has been amended several times, notably by the Hague Protocol (1955), Montreal Agreement (1966), and finally replaced by the Montreal Convention of 1999, which modernized liability rules. Despite criticisms for low compensation limits, the Warsaw Convention laid the foundation for consumer protection and legal certainty in international aviation. It remains influential, as many of its principles survive in modern air law.

10. Chicago Convention of 1944

The Chicago Convention is the most important treaty in aviation law, establishing the modern framework for international civil aviation. Signed by 52 states in 1944, it created the International Civil Aviation Organization (ICAO), a UN specialized agency. The Convention reaffirmed complete sovereignty of states over their airspace but facilitated international air navigation by promoting cooperation. It set uniform standards for aircraft registration, safety, airworthiness, and licensing. It also prohibited the use of civil aviation for unlawful purposes. The Convention recognized two types of traffic rights: technical stops (first and second freedoms of the air) and commercial rights (third to fifth freedoms). The “Five Freedoms of Air” emerged from subsequent agreements. The Chicago Convention continues to regulate civil aviation globally, with 193 contracting states. Its enduring strength lies in balancing state sovereignty with the needs of global aviation, ensuring safety, efficiency, and coordination among nations.

11. Five Freedoms of the Air

The “Five Freedoms of the Air” are principles governing international air transport rights, derived from the Chicago Convention and subsequent agreements.

First Freedom: Right to fly over a foreign state without landing.
Second Freedom: Right to land in a foreign state for non-commercial purposes (refuelling, repairs).
Third Freedom: Right to carry passengers or cargo from one’s own state to another.
Fourth Freedom: Right to carry passengers or cargo from another state back to one’s own.
Fifth Freedom: Right to carry passengers or cargo between two foreign states, provided the flight originates or terminates in the airline’s home state.
These freedoms facilitate international air transport and commercial aviation agreements. Additional freedoms, like sixth, seventh, eighth, and ninth, later evolved, addressing cabotage and independent operations. The Five Freedoms remain crucial for bilateral and multilateral aviation treaties, balancing commercial interests with sovereignty. They ensure that international air transport is regulated, orderly, and beneficial to both carriers and states.

12. Legal Regime of Outer Space

The legal regime of outer space governs activities beyond Earth’s atmosphere. Unlike airspace, outer space is not subject to national sovereignty. The Outer Space Treaty of 1967 forms the basis, declaring space the “province of all mankind.” No state may claim sovereignty over celestial bodies. Activities must be peaceful, prohibiting weapons of mass destruction in orbit. Space exploration and resource use must benefit all humanity. States are responsible for national activities, including those of private companies, and are liable for damage caused by their space objects. The regime also emphasizes international cooperation, assistance to astronauts, and registration of space objects. Key treaties, like the Liability Convention (1972), Registration Convention (1975), and Moon Treaty (1979), complement it. The United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) oversees development. With private space ventures rising, debates on resource exploitation and space militarization continue, making the regime crucial for future governance.

13. Outer Space Treaty of 1967

The Outer Space Treaty (OST), adopted under UN auspices, is the cornerstone of space law. It declares outer space, including the Moon and celestial bodies, the “province of all mankind,” accessible for exploration by all states. It prohibits national appropriation by sovereignty, use, or occupation. The Treaty bans placing nuclear weapons or weapons of mass destruction in orbit, establishing the principle of peaceful uses of space. States bear international responsibility for their activities and must supervise private space enterprises. They are liable for damage caused by space objects and must avoid harmful contamination of space and celestial bodies. The OST reflects the principle of cooperation and benefit-sharing, ensuring space is used for peaceful and scientific purposes. While criticized for lacking enforcement mechanisms, it remains widely accepted, with over 110 parties. As new challenges like space mining and militarization arise, the OST continues to provide the foundational legal framework for governing space.

14. Agreement on Rescue and Return of Astronauts (1968)

This Agreement, formally called the Rescue Agreement, supplements the Outer Space Treaty. It establishes obligations for states to assist astronauts in distress and to return them safely to their home country. Astronauts are regarded as “envoys of mankind,” deserving utmost protection and assistance. If astronauts make an emergency landing in foreign territory, the state must notify the launching authority and return them promptly. Similarly, if space objects land unintentionally, states must assist in their recovery. The Agreement enhances international cooperation and solidarity in space exploration. Though practical instances are rare, it has symbolic importance, reinforcing humanity’s collective responsibility in space. Critics argue that it relies heavily on goodwill and lacks clear mechanisms for implementation. Nonetheless, it demonstrates the humanitarian dimension of space law and complements the OST by addressing emergencies and ensuring safe conduct of space missions.

15. Liability Convention of 1972

The Liability Convention elaborates the liability principles of the Outer Space Treaty. It establishes a comprehensive regime for damage caused by space objects. States are absolutely liable for damage caused on Earth or to aircraft in flight, regardless of fault. For damage in outer space, liability is based on fault. Claims must be presented through diplomatic channels within one year. The Convention also provides for a Claims Commission to resolve disputes if negotiations fail. This regime ensures accountability and compensation, balancing the risks of space activities. It reflects the principle that states, not private actors, are responsible for space activities under international law. While it has rarely been invoked, such as in the 1978 Cosmos 954 incident (Soviet satellite crash in Canada), it remains a vital safeguard for space activities. As private space ventures increase, its principles continue to guide responsibility and liability in international space law.

16. Agreement on Registration of Space Objects (1975)

The Registration Convention supplements the Outer Space Treaty by establishing a system for identifying space objects. States must maintain a national registry of space objects and provide information to the UN Secretary-General, who keeps a central registry. Information includes details like launching state, basic orbital parameters, and general function. Registration enhances transparency, accountability, and coordination, reducing risks of conflict or collision. It also supports liability claims, as registered objects can be linked to responsible states. While compliance has been inconsistent, the Convention remains important for space traffic management, especially as the number of satellites increases. It complements other treaties by promoting safety, responsibility, and cooperation. In the age of mega-constellations and private launches, registration is increasingly vital to ensure sustainable and secure use of outer space.

17. Moon Treaty of 1979

The Moon Treaty extends the principles of the Outer Space Treaty to the Moon and other celestial bodies. It declares them the “common heritage of mankind” and prohibits national or private appropriation. It requires that exploitation of lunar resources be governed by an international regime ensuring equitable sharing of benefits. It also mandates environmental protection and peaceful use. However, the Treaty has limited acceptance, ratified by only a few states, as major spacefaring nations like the USA, Russia, and China did not join. Critics argue that it restricts commercial exploration by imposing collective management. Nevertheless, it embodies ideals of equity and sustainability in space law. With renewed interest in lunar exploration and resource extraction, debates on the Moon Treaty’s relevance are resurging. While not widely implemented, it highlights the challenge of balancing sovereignty, commercial interests, and global equity in governing celestial resources.

18. UNISPACE Conferences

The UNISPACE conferences are United Nations global meetings on peaceful uses of outer space. The first was held in 1968 (Vienna), bringing together states to discuss space law and cooperation. UNISPACE II (1982) emphasized capacity-building for developing countries. UNISPACE III (1999) focused on space applications for sustainable development, like disaster management, climate monitoring, and communications. These conferences fostered global dialogue and shaped UN space policies. They strengthened the role of the UN Committee on the Peaceful Uses of Outer Space (UNCOPUOS). UNISPACE has also promoted international frameworks like the Vienna Declaration on Space and Human Development. Although not treaties, the conferences influence space governance, highlighting equity, development, and peaceful cooperation. They complement existing treaties by addressing contemporary issues like commercial space ventures, space debris, and environmental protection. Thus, UNISPACE has become an important platform for building consensus and guiding future space law and policy.

19. Importance of ICAO in Air Law

The International Civil Aviation Organization (ICAO), created under the Chicago Convention in 1944, plays a central role in the legal regime of airspace. As a specialized UN agency, ICAO sets international standards and regulations for aviation safety, security, environmental protection, and efficiency. It facilitates cooperation among states, ensuring uniformity in civil aviation rules. ICAO develops Standards and Recommended Practices (SARPs) covering areas like air navigation, accident investigation, and environmental sustainability. It also resolves disputes and coordinates technical assistance to developing countries. By providing a global forum, ICAO harmonizes international air transport, balancing sovereignty with commercial needs. Its role is crucial in preventing conflicts, ensuring safety, and promoting growth of civil aviation. With new challenges such as drones, cyber threats, and climate change, ICAO continues to adapt aviation law, ensuring that the international community benefits from safe and sustainable air transport.

20. Challenges in the Legal Regime of Global Commons

Despite comprehensive treaties, governing the global commons—oceans, airspace, and outer space—faces challenges. Enforcement remains weak, as international law relies on state consent. In the seas, disputes over maritime boundaries, illegal fishing, and pollution threaten sustainability. In airspace, issues like drone regulation, cyberattacks, and aviation security demand new rules. In outer space, militarization, satellite collisions, and space debris pose risks. The principle of common heritage of mankind is contested, with powerful states reluctant to share benefits equitably. Furthermore, private actors’ increasing role complicates state responsibility. Institutions like UNCLOS, ICAO, and UNCOPUOS provide frameworks but lack robust enforcement powers. Addressing these challenges requires stronger international cooperation, updated treaties, and innovative mechanisms to balance sovereignty, commercial interests, and equity. Ultimately, the success of global commons governance depends on political will and collective responsibility to preserve these spaces for future generations.

PUBLIC INTERNATIONAL LAW Unit-V:

1. League of Nations – Origin

The League of Nations was established in 1920 after World War I under the Treaty of Versailles. Its main aim was to promote international peace and prevent future wars through collective security and diplomacy. It introduced the concept of settling disputes through negotiation rather than conflict. Despite its noble objectives, the League lacked military power and depended on the cooperation of member states. The absence of key powers like the USA and the failure to prevent aggression by Italy, Germany, and Japan led to its eventual decline. It was formally dissolved in 1946, replaced by the United Nations.

2. Objectives of the League of Nations

The League of Nations aimed to maintain peace, prevent war, promote disarmament, and resolve disputes through arbitration and collective security. It also worked for humanitarian causes such as improving labor conditions, combating disease, and controlling drug trafficking. The League was the first international body that sought to institutionalize peacekeeping at the global level. However, its inability to enforce decisions due to the lack of an armed force and reliance on moral persuasion weakened its effectiveness. Nevertheless, it laid the foundation for modern international cooperation and the establishment of the United Nations.

3. Failure of the League of Nations

The League of Nations failed mainly because of structural weaknesses. It had no military force to enforce its resolutions, relying instead on collective security and sanctions. The absence of the United States, one of the world’s most powerful nations, further weakened its legitimacy. Aggressive actions by Italy in Ethiopia, Japan in Manchuria, and Germany in Europe went unchecked, exposing its inability to prevent war. Member states often prioritized national interests over collective security. Ultimately, the outbreak of World War II marked the League’s complete failure, leading to its replacement by the United Nations in 1945.

4. Establishment of the United Nations

The United Nations (UN) was established on 24 October 1945 after the end of World War II. It replaced the League of Nations with the goal of preventing future wars, promoting human rights, and fostering social and economic development. The UN Charter was signed at the San Francisco Conference by 51 countries, laying the foundation of the organization. The UN is headquartered in New York and has since expanded to 193 member states. It functions through its principal organs such as the General Assembly, Security Council, and International Court of Justice, making it the central body for global governance.

5. Objectives of the United Nations

The UN’s primary objectives include maintaining international peace and security, promoting human rights, fostering international cooperation, and achieving sustainable development. It also seeks to uphold international law and provide humanitarian aid during conflicts and natural disasters. The UN emphasizes collective security, where an act of aggression against one member is considered an attack against all. Through its specialized agencies like WHO, UNESCO, and IMF, it addresses health, education, and financial issues. The UN’s broader vision is to create a world order based on justice, equality, and peaceful coexistence among nations.

6. Structure of the United Nations

The UN has six principal organs: the General Assembly, Security Council, International Court of Justice, Economic and Social Council, Trusteeship Council, and Secretariat. The General Assembly represents all member states and discusses major issues. The Security Council is responsible for peace and security, with five permanent members holding veto power. The ICJ settles legal disputes between states. The Secretariat, headed by the Secretary-General, administers UN operations. ECOSOC coordinates economic and social activities, while the Trusteeship Council has largely become inactive. This structure allows the UN to handle political, legal, social, and humanitarian functions globally.

7. Achievements of the United Nations

The UN has played a crucial role in preventing global conflicts, providing humanitarian aid, and promoting human rights. It has facilitated peacekeeping operations in war-torn regions like Africa, the Middle East, and the Balkans. Through its agencies, the UN has eradicated diseases like smallpox, advanced women’s rights, and promoted education. The Universal Declaration of Human Rights (1948) set global standards for human dignity. The UN has also been instrumental in environmental protection and sustainable development through agreements like the Paris Climate Accord. Despite its shortcomings, it remains the most significant platform for international cooperation.

8. Criticisms of the United Nations

The UN faces criticism for inefficiency, bureaucracy, and inability to prevent major conflicts like the Iraq War and the Syrian crisis. The Security Council’s veto power, held by the five permanent members (USA, UK, Russia, China, France), often leads to deadlock and inaction. Peacekeeping missions sometimes fail due to lack of resources or political will. Critics also argue that the UN is dominated by powerful nations and fails to represent the interests of smaller states. Corruption and mismanagement within its agencies have also been highlighted. Nonetheless, it continues to play a central role in global governance.

9. International Court of Justice (ICJ) – Introduction

The International Court of Justice (ICJ), established in 1945 under the UN Charter, is the principal judicial organ of the United Nations. Based in The Hague, Netherlands, it settles legal disputes between states and gives advisory opinions on legal questions referred by UN organs. The ICJ has 15 judges elected for nine-year terms by the UN General Assembly and Security Council. It handles cases relating to territorial disputes, maritime boundaries, diplomatic relations, and treaty interpretation. Unlike domestic courts, the ICJ has jurisdiction only when states consent to it.

10. Functions of the International Court of Justice

The ICJ performs two main functions: adjudicating disputes between states and providing advisory opinions. Contentious cases may involve issues like border conflicts, use of force, or environmental disputes. Its advisory opinions, though not binding, carry great legal weight and guide international law. The ICJ promotes peaceful settlement of disputes, preventing escalation into armed conflicts. However, its effectiveness is limited by states’ willingness to submit to its jurisdiction and comply with judgments. Despite these limitations, it plays a vital role in developing international law and ensuring justice at the global level.

11. Limitations of the ICJ

The ICJ faces several limitations. It has jurisdiction only over states, not individuals or non-state actors, and requires their consent to hear cases. Many countries refuse to recognize its jurisdiction in sensitive matters, reducing its authority. Its decisions, while binding, lack effective enforcement mechanisms, as the ICJ depends on the UN Security Council for implementation. Moreover, political considerations often overshadow legal rulings. Despite these constraints, the ICJ remains important for peaceful dispute resolution and codification of international law, though its role is often more symbolic than enforceable in global conflicts.

12. International Criminal Court (ICC) – Introduction

The International Criminal Court (ICC) was established in 2002 under the Rome Statute to prosecute individuals for genocide, war crimes, crimes against humanity, and crimes of aggression. Unlike the ICJ, which deals with states, the ICC prosecutes individuals, including political leaders and military commanders. Headquartered in The Hague, the ICC is independent of the UN but cooperates closely with it. The Court aims to end impunity for perpetrators of the most serious international crimes and to promote justice, reconciliation, and deterrence. It is a landmark institution for global criminal accountability.

13. Jurisdiction of the ICC

The ICC has jurisdiction over four major crimes: genocide, crimes against humanity, war crimes, and crimes of aggression. It can prosecute crimes committed on the territory of member states or by their nationals. Cases may be referred to the ICC by state parties, the UN Security Council, or initiated by the Prosecutor. However, the ICC acts only when national courts are unwilling or unable to prosecute offenders, reflecting the principle of complementarity. While over 120 countries have ratified the Rome Statute, some major powers like the USA, China, and Russia are not members.

14. Challenges of the ICC

The ICC faces significant challenges, including lack of universal jurisdiction since many powerful nations are not members. Enforcement of arrest warrants depends on state cooperation, which is often withheld for political reasons. The Court has also been criticized for focusing disproportionately on African cases, leading to accusations of bias. Furthermore, international politics frequently undermine its independence, with states using selective support. Funding constraints and slow judicial processes add to its difficulties. Despite these challenges, the ICC remains a crucial step in holding individuals accountable for the gravest crimes under international law.

15. Specialized Agencies of the UN – Overview

The United Nations operates through various specialized agencies that address global issues beyond peace and security. These include the World Health Organization (WHO), United Nations Educational, Scientific and Cultural Organization (UNESCO), International Labour Organization (ILO), International Monetary Fund (IMF), and World Trade Organization (WTO). These agencies work independently but report to the UN through agreements. Their focus ranges from health and education to labor rights, financial stability, and trade regulation. Together, they promote international cooperation, sustainable development, and global governance in critical sectors, supplementing the UN’s political and humanitarian roles.

16. World Health Organization (WHO)

The World Health Organization (WHO), established in 1948, is a specialized UN agency responsible for international public health. Headquartered in Geneva, it coordinates efforts to combat global health crises, prevent disease outbreaks, and promote healthcare access. WHO sets international health standards, monitors global health trends, and assists countries in improving medical infrastructure. Notable achievements include the eradication of smallpox and major contributions in controlling polio, malaria, and HIV/AIDS. During the COVID-19 pandemic, WHO played a central role in providing guidance, vaccine coordination, and emergency response, though it faced criticism over delays and political pressures.

17. UNESCO

The United Nations Educational, Scientific and Cultural Organization (UNESCO), established in 1945, promotes international cooperation in education, science, culture, and communication. It is best known for its World Heritage Program, which preserves cultural and natural sites of outstanding universal value. UNESCO works to advance literacy, universal education, and freedom of expression. It also fosters intercultural dialogue and scientific research. The organization has been instrumental in protecting endangered languages and cultural diversity. By promoting education and cultural exchange, UNESCO contributes to peacebuilding and mutual understanding among nations, reflecting the UN’s vision of unity through knowledge.

18. International Labour Organization (ILO)

The International Labour Organization (ILO), founded in 1919, is one of the oldest UN specialized agencies. It focuses on promoting social justice, labor rights, and decent working conditions. The ILO sets international labor standards through conventions and recommendations that member states can adopt. It emphasizes eliminating forced labor, child labor, and discrimination in employment. The ILO also promotes workplace safety and the right to collective bargaining. Its unique structure includes representatives of governments, employers, and workers, making it a tripartite body. By advocating fair labor practices, the ILO contributes to economic stability and human dignity worldwide.

19. International Monetary Fund (IMF)

The International Monetary Fund (IMF), established in 1944, works to promote global financial stability, facilitate international trade, and support economic growth. It provides financial assistance to member countries facing balance of payments crises, helping them stabilize their economies. The IMF also conducts economic surveillance, offers technical assistance, and provides policy advice. Critics argue that IMF loans often come with strict austerity conditions that can burden developing countries. Nevertheless, the IMF remains essential in preventing global financial collapse and ensuring international monetary cooperation, playing a central role in managing economic crises worldwide.

20. World Trade Organization (WTO)

The World Trade Organization (WTO), established in 1995, is the successor to the General Agreement on Tariffs and Trade (GATT). It regulates international trade by promoting free trade, reducing tariffs, and resolving disputes between member states. The WTO’s dispute settlement mechanism is one of its most important features, providing a legal framework for handling trade conflicts. It also oversees trade agreements and monitors national trade policies. Critics argue that the WTO favors developed nations and neglects environmental and labor concerns. Nonetheless, it remains the central institution governing global trade and economic globalization.