Public International Law-1

Public
International law
Notes Compiled By
Law Students Federation(LSF)
[PUBLIC INTERNATIONAL LAW]

Osmania University Syllabus Notes Compiled By LSF for May 2016 3YDC IV
Semester Exam Fourth Semester Osmania University LLB 3YDC Public International Law Notes
Prepared by Law Students Federation (LSF)
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1Q. Define International law and kinds of International law what are
the sources of origin & development of International law?
Ans. International law is common law of all the countries . Development of
International law started from 17 th century after 1 st and 2nd world war there
was lot of damage of property death of people and all countries realised
that there should be much important of International law unless there is
common organisation of all the countries survival of small countries
becomes difficult. Therefore U.N.O has been formed which is organisation
of all the countries members of U.N.O called as members country.
Kinds of International Law:
There are two kinds of International law.
1. Private International Law:- In private international law relating
between individuals between two or more countries regulated. There
is liberalization policy under which international trade is promoted,
when there is possibility of disputes between persons of different
countrys. There is machinery under international law to settle the
disputes. This relation is governed under private international law.
2. Public International Law:- In public international law relation
between government of 2 or more countries are regulated, such are
to call convection to make treaty to call meeting of general assembly.
Sources of International Law:-
There are eight sources origin & development of International
law.
1. Custom:- There are some customs which are in practise since
historic period. This customs are also adopted.
Ex: High sea is property of all the countries
Ex: Unclaimed territory can be occupied by any country
2. Treaty:- It means contract between two countries treaty is signed by
representative of both the countries. When countries execute treaty
then it is binding on them because it is source of law.
Fourth Semester Osmania University LLB 3YDC Public International Law Notes
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3. Conventions:- It means meeting of representative of the countries to
discuss common problems after discussion they pass the resolution
which is binding on countries.
Ex: Convention of International Labour Organisation , Convention of
W.H.O
4. General Principals of Legal Systems:- There is also development
of International law because of fundamental principals of legal
system. Such as criminal after committing crime in one country and
take shelter in other country should be handed over for trail and
punishment . criminal should not escape from punishment.
5. Teaching of Eminent Persons:- There are some legal expert from
various countries which gave opinion which is taken International law.
Ex: Abolition of slavery, Sovereignty of every country
6. Opinion of Legal Expert:- There are some legal expert from various
countries which gave opinion which is taken in International law
Ex: When there is war and any neutral country suffered damage then
it can be claimed from relevant country
Ex: It encouraged International human rights and passed the
provision of universal declaration of Human Rights in 1948.
7. Contribution of International Law:- It is judicial organisation of
UNO any dispute between countries can be referred to international
court of justice. Judgement of court is binding on the countries.
Therefore international court also promoted development of
International law.
8. Contribution of UNO:- General assembly is legislative organ of
UNO. There is meeting of members countries at least one time in a
year. Every country can send maximum five representative but can
cast on vote, In general assembly , they make amend & repeal any
provision of International law by voting of majority countries.
Therefore it is direct & powerful source of developing of International
law.
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2Q. What do you mean recognition & kinds of recognition and its
effects what are the grounds of withdrawal of recognition?
Ans. Recognition means acknowledgment of the country done by other
country or countries. A country become very popular when there is
recognition of more number of countries, A relationship is maintained
between recognised countries.
Kinds of Recognition:-
There are five kinds of recognition
1. Express Recognition:- In this recognition a country which
recognised other country communicate it, such communication is
done orally or in writing.
2. Implied Recognition:- It means understanding between countries.
There is no direct communication but a country maintain relationship
with other country such as permission for aeroplanes, ships and to
invite representative on convention of the country.
3. De-Facto and De-Jure Recognition:- De-facto recognition is
practical recognition between the countries . In this recognition they
maintain relationship/ provisional first stage of recognition
In De-Jure recognition there is no actual relationship, it can be called
as formal recognition. When there is meeting in UNO then some
countries declare formal recognition called as De-Jure recognition.
4. Conditional Recognition:- In this recognition some countries
impose lawful condition, such as to enforce the treaty to withdraw war
with particular country, to become member of UNO. If condition is
fulfilled then that country get recognition.
5. Collective Recognition:- In this recognition when any new countries
were established then many countries declare recognition at same
time called as collective recognition. In 1947 when Pakistan was
formed there was collective recognition to Pakistan.
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Effects of Recognition:-
1. There is Import & export between recognised countries.
2. This countries can make treaty between them
3. There is transportation between recognition countries by aeroplane
and ship
4. This countries invites representative to attend meetings or
conventions
5. Recognised country allow the people on visa for education and
employment
6. Recognised country holds games and sports and cultural activities
among people of both the countries.
Withdrawal of Recognition:-
Following are the methods by which a country can withdraw or
terminate recognition of other country.
1. When there is war declare between two countries
2. When any country may not enforce treaty of other country
3. When recognition has been given on condition and other country did
not comply the condition then recognition can be de-recognition
4. When activities of the country are anti national then it is also ground
to withdraw recognition.
This detail about recognition its kinds, provisions and
grounds of recognition in International law.
3Q. Explain the provision relating to territory of Land, Sea & Space
specified in International law?
Ans. In international law there are provision relating to land, Sea & Space.
It is applicable for all countries . It is called as Territorial Jurisdiction of
Land, Sea & Space.
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Jurisdiction of Land:-
1. Fixed Territory:- Every country is having fixed territory of land.
There is sovereignty of the country with in the territory. No other
country can interfere in internal matter of other country.
2. Boundary:- Every country have right to fix boundary around it
territory. It is having object to prevent in surgency of other country
people in the country.
3. Border Security Force:- There is posting of BSF at place of entry in
the country other country people are prohibited to make entry without
required formalities.
4. Passport or Visa:- Country can allow entry of the other country
people on passport or visa on reasonable ground.
5. Minerals:- It is right of country to acquire all the mineral found within
territory of land, such as Metals, Petroleum products.
6. Arrest:- If any person of other country overstay without renewal of
passport then country have right to take action according to law.
Jurisdiction of Sea:- Following are the points relating to Jurisdiction of
Sea.
1. Sea Belt or Maritime Belt:- Any country have rights in the sea up to
12 miles or 26 kilo meter called as Sea belt or maritime belt. A
country can prevent entry of the ship of any other country in marine
belt.
2. Continental shelf:- It is relating to depth of the sea. A country have
right up to 900 meters depth in maritime be called as continental
shelf. A country can prevent sub-marine of other country up to 900
meter depth.
3. Minerals:- There is right of the country to extract to mineral from
maritime belt and this are metals and petroleum products.
4. Blockade:- Meaning of blockade is to prevent entry of the ship of
particular country or countries within maritime belt when there are no
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good term between the countries then blockade can be declare to
effect the transportations. After declaration of blockade of ships of
prohibited country make entry in maritime belt then it can be seized.
5. Contraband:- Meaning of contraband is prohibited of articles country
have right to declare list of articles to be carried through maritime belt
called as contraband. It is generally arms, weapons, narcotics,
ammonisation , which is declared as contraband, if contraband is
seized then it can be forfeited.
Jurisdiction of Space:-
1. Use of Space:- Space is property of all the countries, there is
jurisdiction of all the countries, there is jurisdiction of every country to
use the space.
2. Pollution:- If any country cause pollution in the space then effected
country can claim changes
3. Satellites:- There is right of every country to launch satellites over
the space and use it service.
4. Aeroplanes:- There is right of every country to fly civil aeroplanes
over the space of any country without landing, if there is defect in
aeroplane then every country have to allow emergency landing for
purpose of repairing. It is right of the country to prevent war
aeroplanes to fly over the space of the country.
This is detail about the jurisdiction of Land, Sea and Space in
International law.
4Q. What is nationality , Explain the methods of acquisition & loss of
nationality and its importance?
Ans. There are three main words which provide right to every human
beings, Domicile is the right acquired because of Residence, citizenship is
acquired to the constitution, Nationality is acquired according to
international law, Nationality is the relation of a person with the country,
Such as American, British &Indian.
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Methods of Acquisition Nationality:-
There are four methods to acquire Nationality.
1. By Birth:- When child take birth in any country then that country give
citizenship and nationality to the child. Therefore birth is condition to
acquire Nationality.
2. By Parents:- If parents have nationality of particular country . then
child may take birth in any country. Then they have right to bring the
child with them, child also gets nationality of parents country.
3. By Marriage:- When there is marriage of a girl with boy of other
country then girl acquire nationality of country of the boy.
4. By Annexation:- When part of the territory is attached with particular
country then all people residing in the territory acquire nationality.
Loss of Nationality:-
There are four methods by which there is loss of Nationality.
1. By Renunciation:- When any person acquired nationality of other
country then he gives up nationality of earlier country and there is
loss of nationality.
2. By Release:- When any person goes to other country on VISA and
didnt return back even after expiry of the period, then there is right of
the government to give notice to return back and after that release
from nationality.
3. By Deprivation:- When anybody has been given nationality of the
country but his activities are illegal or anti-national , country can
deprive his nationality and send him back to earlier country.
4. By Derelictions:- Meaning of this term is to cut off when part of the
territory is cut off from the country, then all people residing in that
territory have loss of nationality, such as in 1947 Pakistan was cut off
from India all people residing in that territory have loss of Indian
Nationality.
Importance of Nationality:-
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1. Person having nationality can leave in the country for unlimited period
2. His future generation also acquire nationality
3. They can enjoy all fundamental rights
4. Such person have rights of voting ant to contest election
5. Such person can get any education and employment in the country
all to rules.
6. He has judicial remedy available from the court.
This is detail about acquisition & loss of Nationality and its
Importance.
5Q. Explain the provision relating to extradition & Asylum and its
Importance in International Law?
Ans. There is International policy that any criminal should not be spared
without trial and punishment, Extradition means handover or surrender or
Depot a criminal or a wanted person, by one country to other country, when
any person commit crime in one county and take shelter in other country
then there is question of Extradition.
Provisions Relating to Extradition:-
It is stated that Extradition includes following points
1. A country have to prove that particular person have taken shelter in
that country
2. Police of one country cannot enter into other country to search any
person because every country have sovereignty
3. Country can request other country to take help of Interpol to detect
wanted person
4. Extradition petition can be filed in the court of that country and there
is power of the court to order the government to make extradition
5. If sufficient reason is not given for extradition then court can dismiss
extradition petition
6. When more country demand extradition then its discreation to make
extradition to any country.
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Provision Relating to Asylum:-
Asylum means to give shelter or protection to person of one country
by other country which is criminal or wanted person. Asylum can also be
given on humanisation grounds.
Kinds Of Asylum :- There are three kinds of asylum
1. Territorial Asylum:- Meaning of this term is with in territory , when
any criminal have taken shelter in any part of the country then it is
Territorial Asylum, Country have to make extradition of such person.
2. Extra Territorial Asylum:- Meaning of this term that a criminal has
taken shelter in the ship or aeroplane, which is registered in that
country. It is responsibility of the country to hand over such person for
trail & punishment
3. Diplomatic Asylum:- Diplomatic asylum means building of
Ambassador, who is diplomatic agent of one country residing in other
country . when there is violence in the country and there is insecurity
to the people of own country then Ambassador may call them in his
building government authorities or defence force of that country
cannot enter in the building of ambassador, It is called as Diplomatic
Asylum. Ambassador makes arrangement and send them back to
respective country.
This is detail about extradition and Asylum its provision and
kinds of Asylum in International law.
6Q. What do you mean by treaty, Explain procedure of making treaty
and its provisions & effects of treaty, what are the grounds of
termination of treaty?
Ans. It is contract between two or more countries executed in writing and
signed by representative of the country, purpose of treaty is to regulate
relationship between the countries.
Kinds of Treaties:- there are number of kinds of treaties but it should be
for lawful purpose, this treaties are as follows:-
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1. Treaty about Import & Export
2. Treaty relating making the law
3. Treaty to establish company or corporation
4. Treaty of disbarment
5. Treaty relating to games & sports
6. Treaty to carry transportation by aeroplane or ships.
Procedure of Making Treaty:- Following steps are taken to make treaty
1. Selection of Representative:- Countries who want to make treaty to
select them own representative . they should be equally in number
and having communication skill
2. Meeting:- Both the countries decide to hold the meeting. It may be in
that country or other country. Any number of meeting can be taken to
make a treaty
3. Negotiation:- When there is meeting then both sides representative
participate in discussion called as negotiation, It is relating to point of
treaty.
4. Execution of Document:- When both sides representative agree on
points of treaty then a document are prepared and both side
representative sign it and exchange the documents called as
Document of treaty
5. Conditional Treaty:- Sometime a treaty is made on condition called
as conditional treaty. Such treaty is subject to rectification of the
parliament and such clause is added in the treaty. If parliament make
rectification then treaty is valid . If parliament did not ratified. The
treaty, then it is invalid. In both cases it should be communicated to
other country.
6. Enforcement:- Both countries decide date of enforcement of treaty
by mutual consent
7. Publicity :- There is publicity given to treaty for information of public.
If it is secret treaty then there is no need of publicity.
Provision Relating to Treaty:-
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1. Treaty should be for lawful purpose
2. Both the countries can amend the treaty or withdrawn the treaty by
mutual consent
3. If period is mentioned and other country did not abolish treaty within
that period, then it can be revoked
4. When treaty is not enforced then remedy is available from
international court of justice.
5. International court have right to interrupt and enforce the treaty.
Termination of Treaty:- Following are the ground on which treaty can be
terminated
1. When there is war between the countries
2. When purpose treaty is illegal or immoral
3. When impossibility arises to perform the treaty
4. When court have declare treaty as void or voidable
5. When parliament have not satisfied with treaty
6. When treaty has been signed under co-erosion
7. When members have signed treaty by accepting bribe and it has
been proved.
This is detail about treaty, kinds of treaty, procedure of making treaty,
its provisions an grounds of termination.
7Q. Explain objectives of UNO what are the organs of UNO & their
functions?
Ans. U.N.O means United Nations Organisations. All countries are the
member of U.N.O. It was started in middle of 18 th century , but after first
and second world war U.N.O become most important organisation. All
countries realised that unless there is powerful organisation severally of
small countries become difficult.
Objectives or Purpose of U.N.O:-
1. To prevent war between the countries
2. To encourage peace treaty between countries
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3. To protect human rights & fundamental freedom of the people
4. To provide financial assistance to poor countries
5. To do educational, social , cultural, industrial and health progress of
the people
6. To settle boundary dispute between the countries
7. To protect sovereignty and independence of the countries
Therefore U.N.O is having objects of over all progress of all the
countries.
Organs of U.N.O:- There are six organs of U.N.O
1. General Assembly:- It is a legislative organs of U.N.O , there is at
least one meeting of General assembly every year which is attainted
by representatives of member countries, every country can send
maximum five representative, but they can caste one vote behalf of
the country. General assembly carries following functions
a. To examine work done by all other organs
b. To add, amend, repeal, any provision in International law
c. To elect the members on other organs
d. To admit a new country as a member or suspend any country
from membership on reasonable grounds
e. To discuss common problems of the countries and find out
necessaries solution
f. To sanctions budget for all the organs.
2. Security Council:- It is having five permanent members and they are
U.K., U.S.A, France, Russia and China. There are 15 other member
countries elected by general assembly for two years period, security
council carry following functions
a. To prevent war between to parties
b. To encourage peace treaty between the countries
c. To settle disputes through negotiations
d. To encourage countries for policy of disbarment
e. To provide help of defence force to weaker country against
dominating countries.
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Therefore Security council prevents the war and tries to maintain
peace between the countries.
3. Economic and Social Council:- This council is having 54 members
elected by general assembly for the period of 3years. This council
have constituted and agency called as UNESCO United National
Educational Cultural Organisation this council carry following
functions
a. To encourage literacy rate and to minimize or eliminate illiteracy
b. To encourage adult education among aged people
c. This council promote cultural activities such as games & sports,
movies
d. This council promote exchange of person in countries for
education and employments
e. It encourage information technology between the countries
Therefore this council is for over all progress of the countries.
4. Transfer ship Council:- This council is having 34 member countries
elected general assembly for 3yrs period, It is subordinate to security
council, I carries functions allotted by security council.
This functions are as follows:-
a. To protect human rights & fundamental rights of the people
b. To settled boundary disputes between countries
c. To prevent encroachment of one country in territory of other
country
d. To protect sovereignty of every country
5. Secretariat:- This is administrative office of U.N.O secretary general
is head of office appointed by general assembly, there are other
administrative offices and the staffs , It carries following functions
a. To make correspondence with other countries
b. To call meeting of general assembly
c. To maintain record and file of progress done by every country
in the field of education, economic, Industrialisation
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d. To provide the file of any country to general assembly,
whenever demanded.
6. International Court of Justice:- This is judicial organ of U.N.O.
there is 15 judges elected by general assembly. This judges are from
panel of eminent jurist from members countries , all the judges are
appointed for 9 years term, International court carries following
functions
a. To entertain dispute between the countries
b. To make hearing of the countries and deliver the judgement
which is binding the countries
c. To enforce the treaties between the countries
d. To make interpretation of any provision of International law
e. To award the compensation to effected countries
f. To decide the matters of pollution and disputes of territory.
This is detail about objects of U.N.O it is organs and there functions.
8Q. Explain constitutions & functions of National Human Rights
Commission & State Human Rights Commission?
Ans. There is separate Act called as Human Rights Act 1993, in order to
protect fundamental right or human right to commission have been
constituted.
1. National Human Rights Commission(N.H.R.C)
2. State Human Rights Commission (S.H.R.C).
1. National Human Rights Commission (N.H.R.C):- This commission
is situated in Delhi. There are five members in the commission
appointed by President of India in consultant with Prime Minister,
Chief Justice of India, Speaker of Parliament and leader of opposition
in parliament
a. Retired Chief Justice of India is chairman or president of
N.H.R.C
b. Two retired judges of High court are appointed on commission
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c. Two subject experts having knowledge and experience in hum
rights
This members are appointed for five years term on consolidated
payment by central government . this commission is superior then
all state commissions. There is separate office of N.H.R.C with
required staff.
2. State Human Rights Commission (S.H.R.C):- This commission is in
every state , there are five members SHRC appointed by Governor in
consultation with Chief Justice of High Court, Chief Minister, Speaker
of Assembly and leader of opposition in assembly. This members are
as follows
a. Retired chief justice of High court is president or chair person
b. Two retired judges of district court as member
c. Two subject experts having knowledge and experience in
Human rights.
Functions of Human Rights Commission. NHRC carry functions at all India
level and SHRC only in particular state. This functions are as follows:-
1. When there is atrocities on S.C,S.T and B.C people then human
rights commission can prepare report and file the cases
2. When there is danger to life then such human rights commission
welfare and give order to police authorities to provide protection
3. When there is violence then human right commission members visit
the place and prepare the report
4. When there is exploitation then complain can be given before human
rights commission and they can interfere in the matter such as cruelty
against women, cases of heavy rate interest threaten giving by
recovery agents when children are employed in industries and
factories
5. There is right of human right commission to entertain complains and
conduct enquiry
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6. Human right commission also interfere and provide remedies when
there is violence of statutory provisions, such as violence of P.F. rule,
Non- payment of salary, Non- payment of minimum wages.
7. There is right human right commission to summon the parties
witnesses and examine them
8. When any matter comes in under the human rights commission have
right to take action voluntarily called as Suo-Motu action
9. It can call explanation from any Department of government
10. They can book the cases and file in the court
11. It can submit report to government for necessary majors.
This is detail about constitution functions of Human rights commission
under Human rights Act 1993.
Short Answers
1Q. International Law & Municipal Law?
Ans. International law is common law in all the countries and Municipal
law is in particular country. Following are the points of difference between
International Law and Municipal Law
International Law Municipal Law

International law is un codified
law Municipal law is codified law
It is not enacted by legislature It is enacted by legislature
Remedy is given by international
court Remedy is given by state court
Amendment can be done by all Amendment can be done by
the countries legislature
International law brings moral Municipal law brings legal
pressure pressure
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2Q. Acquisition of Territory?
Ans. Following are the methods which are legal or illegal to acquire the
territory
1. By Treaty:- When country makes treaty with other country then it can
acquire the territory.
2. By Occupation:- A country who occupy any territory first time can
acquire it.
3. By Encroachment:- This is illegal method to acquire the territory. A
country make encroachment in other country and acquire territory.
4. By War:- When any country declare war and push other country and
acquire territory then it is also illegal methods of acquisition
5. By Natural Phenomena:- There is movement of mountain, rivers,
sear and its add territory in a country and acquires it.
3Q. League of Nations?
Ans. There is body of 15 countries elected by general assembly called as
league of nation, they have been delegated power to examine work of all
organs of U.N.O and prepare the report.
It Includes following points:-
1. League of nations examine reports of the progress done by various
organs in there work
2. If there is defect or in efficiency in the work then it is highlighted in the
report
3. League of nation submit report to U.N.O
4. There is power of U.N.O to examine report of league of nations and
give necessary directions to all the organs
5. It can frame ruled and regulations to be followed by organs of U.N.O
Therefore league of nations is supervisory authority relating to functions of
organs of U.N.O.
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4Q. Immunities of Diplomatic Agent?
Ans. Diplomatic agent is representative of one country appointed in other
country to carry on administrative work, there are three types of Diplomatic
agents
1. Ambassador:- This agent lives in other country with his family. His
term is for five years.
2. Council:- This agent carry on commercial relationship between the
countries and come back when work is complete
3. Minister:- Minister goes to another country for casual work, such as
to make treaty to attain convection to make meeting general
assembly.
Immunities:-
1. Diplomatic agent is having no civil and criminal liability during
continuation of the post.
2. He need not to pay any taxes
3. He need not to pay postal stamp duty
4. He has right to maintain secrecy and his phone cannot be tapped
5. There is no need of passport to go to other country and his identity
card is enough
6. No body can enter in his building without permission.
5Q. W.T.O?
Ans. World Trade Organisation (W.H.O) is consisting of 14 countries
elected by general assembly. Among this 7 are to settle the disputes called
as D.S.B(Dispute Settlement Board) .
W.T.O carries following functions:-
1. It has main function to promote trade and business
between the countries
2. It encourage trade relating to intellectual property such
as trade mark product , literary work called patents.
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3. It protects rights of author of intellectual property.
4. It minimize restrictions in international trade.
5. If there is dispute between parties relating to trade then it
is settled by D.S.B which is body of seven member countries
6. W.T.O encourages treaties relating to trade and business
between the countries.
Therefore W.T.O is organisation to promote international trade and to settle
disputes.
6Q.CEDAW?
Ans. It means convection of elimination of Discrimination against women
following convection to eliminate discrimination
1. Women to be given equal right in the property
2. Women to be given equal right in education
3. They have right to perform inter caste, inter religious , marriage in the
country or out of the country
4. Women to be give right of her property called as Stridhana
5. Women to be allowed to adopt the child
6. Women to be given the right of conversation of religion and to follow
religion of her choice
7. All women to be given rights of Judicial remedy.
7Q. Universal Declaration of Human Rights 1948?
Ans. In this declaration of human rights some provisions have been landed
which are common for all the countries . Many provision have been
included in fundamental rights, which are as follows:-
1. Every country to follow policy of equality among human beings.
2. People to be given opportunity of speech and expression
3. People to be given right to form union or association
4. Right to be given to do earning by lawful methods
5. Opportunity to be given to settle any where in the country and other
country according to rules
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6. Protection to be given to life and property of people
7. Right to be given to people to follow religion of choice
8. State to minimize exploitation of the people.
This are the human right which state can enforce by making respective
legislation.
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