Law of Nations or

International Law
The word International Law
was introduced, first time, by
Jeremy Bentham in 1789.
 Definition

L. Oppenheim defined International law in the following words

"Law of Nation or International Law is the name for the

body of customary and conventional rules which
are considered legally binding by civilized states in their
relation with each other."
 Drawback of Oppenheim's
Definition:
(a) Not only states but international organizations have rights and
duties under International Law.

(b)Because of the widening of aspects of International Law even the

individuals and other private persons may have rights and duties.
International law in current scenario is putting emphasis on well
being and protection of just rights of the citizens of member states.

(c) Changing 'structure of International Law has proved that

International law consists not only custom and conventional rules,
but the General principle of law are also included in it. It is worth
mentioning here that the General principle of law recognized by
civilized states is considered as the third source of International Law
by Art. 38 of the International Court of Justice.
(d) ) The using of word like "civilized states" also suffers
from defects. In civilized states they include the Christian
states only. There is no reasonable base or cause for such
a disgusting differentia.

(e)Using of words like, "body of rules" gives false

impression. It pears as if International lamias bunch of
static rules, we know law governs the human behavior. Its
Hard to deal with ever changing human nature and
interest with a static body of rule. Even at international
level, utility of law rest on practicality and
implementation of law, for this law is bound to adapt
itself to changing scenario. Now it has been accepted that
IL is a living law.
 New Definition of L
Oppenheim

In the ninth edition of Oppenheim's book the term

'international law' has been defined as:
International law is the body of rules which are legally binding
on States in their intercourse with each other. These rules are
primarily those which govern the relation of Organizations and, to
some extant, also individuals may be subjects of rights conferred
and duties imposed by International law.
 Other definition
In the words of Brierly : The Law of Nations or International
Law may be defined as the body of rules and principles of
action which are binding upon civilized States in their relations
with one another.

In the words of J G Starke : International law may be defined

as that body of law which composed for its greater part of the
principles and rules of conduct which states feel themselves
bound to observe, and therefore, do commonly observe in
their relations with each other, and which includes also :
(a) The rules of law relating to the functioning of international
institutions or organizations, their relations with each other,
and their relations with states and individuals; and
(b) certain rules of law relating to individuals and non-state
entities so far as the rights or duties of such individuals and
non-state entities are the concern of the international
community.
G Fenwick's Definition of IL

I .L. may be defined as the body of General Principal

and specific rules which are binding upon the
members of International Community in their mutual
relations.
Nature of I L

Whether I L is not a true Law

Whether I L is a true Law

International Law is not a true Law

Supporter ----John Austin, Jeremy Bentham , Hobbes

and Pupendorff

Austin defined the law as the command of the

sovereign, backed up by sanctions. The three crucial
components of this definition are the
wordscommand,sanctionand sovereign.

Criticism
1. Command
2. Sanction
3. Sovereign
INTERNATIONAL LAW IS
TRUE LAW

Supporter- L Oppenheim and G J Stark

Oppenheims definition of Law

Law is a body of rules for human conduct within a
community which by common consent of this
community shall be enforced by external power
Arguments of Jurists who regard
International Law as true Law

1. Law is not mere the command of sovereign.

2. When international questions arise, state do not
rely upon moral arguments but rely upon treaties
precedent and opinion of specialist.
3. It has unanimously been accepted that the
decision of ICJ must be in accordance to the
International Law.
4. The UNO is based on the true legality of
International Law.
5. Some state treat I L as a part of their own law.
6. International Law is not totally without sanction.
 Sanctions behind I L

Power of
Security The decision of
Council under the ICJ are
binding upon the Right to Private
the chapter VII
parties to the defense
of the UN
dispute. (Art 51 of the UN
Charter to
(Art. 94 of UN Charter)
maintain Peace
and Security in Charter)
the world.
 Weakness of I L

Lack of Effective Legislative Machinery

Lack of Effective Executive Body
Lack of Effective Judiciary
Lack of Effective Enforcement Machinery
I L can not intervene in the matters which are
with in the domestic jurisdiction of states

International Law is the vanishing point of

Jurisprudence
(Holland)
Vanishing point a point at which parallel lines in
the same plane appear to meet.
Suggestions to improving I L
Compulsory Jurisdiction to the ICJ
The doctrine of Judicial Precedent should be
applied in the field of International Law
International Police System should be established
International Bureau of investigation and
prosecution should be established
In order to strengthen the legislative machinery
of I L , more law making treaties and conventions
should be made and there should be a provision to
revised it.
I L should be properly codified and scientifically
revised time to time.
The legislative activities of the General Assembly
should be further enlarged.
The U.N. Charter should be amended as to
authorize the U.N. to intervene in such matters
with the domestic jurisdiction of States as are of
international concern
 BASIS OF INTERNATIONAL
LAW
Pecta Sunt
Servanda..
Which
means
Theories that the
Auto- agreement
as to the Positivism Theory of Limitation
Law of Consent s entered
Theory into by the
Nature
States
must be
followed in
good faith.
 SOURCES OF
INTERNATIONAL LAW
Article 38(2)
38(1)
Statute
of ICJ Ex aequo et bono

38(1) ------
a
(b) (c) (d)
--

Decision or
Decision of
Internation Determinati
Internation Judicial or
al on of the
al GPLRCS Tribunal and
Convention organs of
Customs Juristic
s internationa
Works
l institutions
 INTERNATIONAL
CONVENTIONS
It may be in the form of Treaty, Convention,
Protocol or agreement

Vienna Convention on the law of treaty, 1966

Article 2 define treaty as A treaty is an
agreement whereby two or more states establish
or seek to establish relationship between them
governed by I L

According to Prof Schwarzenegger, Treaties are

agreement between subjects of international law
creating a binding obligation in international law
 Types of International
Treaties

Law
making Treaty
treaties Contract

Hague Conventions of 1899 and 1907

Geneva Conventions 1949
UNO Charter
INTERNATIONAL CUSTOMS
Customs is recognized as evidence of general
practice accepted as law.(Article 38 b of ICJ)

Customary rules of international law are the

rules which have been developed in a long
process of historical development.

Usage

Custom
Essential Element of Custom
Long Duration
Uniformity and consistency
Generality of practice

(West Rand Central Gold Mining Company Ltd

v. R 1905) (Portugal v. India 1960)
Poquete Havana Case
G P L R C S 38(1) (C)

Barcelona Traction case , 1964 (Estoppels)

Chorzow Factory (indemnity) case, 1928(res judicata)
R v. Keyn, 1876 (Justice equity and good conscience)
United State v. Schooner (abolition of slavery)
Decision of Judicial or Tribunal and
Juristic Works

International Judicial Decision

State Judicial Decision

Decision of International Arbitral Tribunal

 Other source of I L

International Comity
State Paper
State guidance for their officers
Reasons
Equity and Justice
 Subjects of I L
THEORIES
REGARDING
SUBJECTS OF I L

State are the

main subjects of
I L but
individuals,
Individual alone
Only states are international
are the subjects
the subject of I L organizations
of I L
and certain non-
state entities are
also subjects of I
L
PLACE OF INDIVIDUAL IN I L

Pirates
Foreigners
War Criminals
Harmful acts of Individuals
The opening words of the charter of UN
UDHR, 1948
International Covenant on Human Right, 1966
 Relationship between I L and
Municipal law
Theories regarding
the relationship
between I L and M L

Dualism
Monism Triepel Specific Transformati
(Hens and Adoption on Theory
Kelson) Anziloti) Theory

Delegation Theory
State practices regarding relationship
between I L and State Law
British Practice

Customary Law- part

of British Law
Treaty
provided that
International Customs
must not be contrary
to the British statute Non self
Self executing
executing

In the case of Solomon v.

Effec Commissioners of Customs and
t Excise, 1967 it was held that If the
terms of the legislation are clear and
Rule of Construction unambiguous they must be given
Rule of Evidence effect to, whether or not they carry
out Her Majesty's treaty obligations.
 American Practice
American Practice

Customary Law Treaty

Article VI of the American Constitution

In Paquete Habana
provides that
case justice Gray
This Constitution, and the laws of the
remarked that
United States which shall be made in
International Law is
pursuance thereof; and all treaties made,
the part of American
or which shall be made, under the
Law . American
authority of the United States, shall be the
courts should
supreme law of the land
interpret the statute In America there is practice that if there
of the Congress in is a conflict between I L and A L
such a way that may whichever is late in date will prevail but
not go against the I if there is a conflict between Constitution
L. of America and I L, American constitution
will prevail.
 Indian Practice
Article 51 (c) foster respect for international law and
treaty obligations in the dealings of organized people
with one another
253. Legislation for giving effect to international
agreements Notwithstanding anything in the foregoing
provisions of this Chapter, Parliament has power to make
any law for the whole or any part of the territory of India
for implementing any treaty, agreement or convention
with any other country or countries or any decision made
at any international conference, association or other
body

Article 372(i) provides that all the laws in force in the

territory of India immediate before the commencement
of this Constitution shall continue in force therein until
altered or repealed or amended by a competent
Legislature or other competent authority
Customary
Law Treaty

As
British State of Madras v. C.J. Menon AIR 1954
Practic
e

Shiv kumar sharma and others v. UOI and

others, AIR 1969 Del.

The Kuchh Award, 1968

(Magan Bhai Ishwar Bhai v. UOI, 1969)

ADM Jabalpur v. Shukla AIR 1976 SC

 Jolly George Vergheses v. The Bank of
Cochin AIR 1980 SC

In the case of State of Madras v. C.J. Menon AIR 1954 Supreme

court has held that International treaties do not automatically
become part of national law. They have to be transformed into
domestic law by a legislative act.

In the case of Shiv kumar sharma and others v. UOI and others,
AIR 1969 Del. It has been held by the Delhi H C that in India
treaties do not have the force of law and consequently
obligations arising there from will not be enforceable in Municipal
Courts unless backed by legislation.

But it has also been held by the Delhi H C in the same case that
settlement of dispute as to boundary raises no such obligation
requiring implementation in Municipal Courts, Cases may arise
where a domestic law is in express terms extended to a named
city and that city as a result of a treaty, settling a dispute like the
present, has to be handed over to another country. In that case
legislation may be necessary.
In the case of The Kuchh Award, 1968(Magan Bhai Ishwar Bhai v.
UOI, 1969) SC has affirmed the decision of Delhi HC delivered in
Shiv Kumar case and held that Ordinarily, an adjustment of a
boundary, which International Law regards as valid between two
nations, should be recognised by the courts and the
implementation thereof can always be with the executive unless
a clear case of cession is involved when parliamentary
intercession can be expected and should be had. This has been
the custom of nations whose constitutions are not sufficiently
elaborate on this subject.
In the case of ADM Jabalpur v. Shukla AIR 1976 SC there was a
question whether UDHR and two covenant on Human Right ,
1966 were the part of Indian Law as the India was the member
of UDHR and the two covenant, by majority SC has held that
they were not the part of Indian Municipal Law. But in the
dissenting judgment of Justice Khanna rightly held the view that
if two constructions of the municipal law are possible, the courts
should lean in favour of adopting such construction as would
make the provisions of the municipal law to be in harmony with
the international law or treaty obligations, and that the rule
about the construction of municipal law also holds good when
construing the provisions of the Constitution, and that a
construction of the relevant constitutional provisions was
possible as would not bring them in conflict with the Universal
Declaration of Human Rights
In the case of Jolly George Vergheses v. The Bank of Cochin AIR 1980
SC Justice Krishan Iyyar observed that I agree that the Declaration of
Human Rights merely sets a common standard of achievement for all
people and all nations but cannot create a binding set of rules. Member
States may seek, through appropriate agencies, to initiate action when
these basic rights are violated; but individual citizens cannot complain
about their breach in the municipal courts even if the country
concerned has adopted the covenants and ratified the optional
protocol. The individual cannot come to Court but may complain to the
Human Rights Committee, which, in turn, will set in motion other
procedures.

It has also been held in the case of Jolly George Vergheses s case that
if there is a conflict between International treaty and Domestic Law ,
Domestic law shall prevail. But if two constructions of the domestic law
are possible, the court should give harmonious construction so as to be
in accord with International Treaty and if there is no domestic law on
any specific topic , court can take help from the international treaty or
convention.
 Relevant Case

Luther v. Sagor
Bank of Ethopia v. National Bank of Egypt and Liquori, 1921
 Recognition
In International Law, the term recognition refers to the
formal acknowledgment by one state that another
state exists as a separate and independent
government.

According to Prof. Oppenheim :-

In recognizing a State as a member of international
community the existing states declare that in their
opinion the new State fulfills the conditions of
statehood as required by International Law.
Essential Element of a State
According to Kelson, a Community to be recognized as
an international person must fulfill the four conditions.

(a) The Community must be politically organized.

(b) It should have control over a definite territory.
(c) This control should tend towards permanence; and
(d) The Community thus constituted must be
independent.

But International law does not provide as to how

those essential conditions are to be determined.
International Law leaves the members of
International Community free to determine whether
the States to be recognized contain essential
conditions of Statehood. It is because of this reason
that recognition is very often said to be a political
diplomatic function.
Theories of Recognition

Constructive Declaratory
Theory Theory

Oppenheim, Anziloti,
Brierly, Pit, Fisher
Holland, Hegel

Criticism Criticism
 Kinds of Recognition

Defacto Dejure
Recognition Recognition
Recognition de facto means
that in the opinion of the
Recognition de jure means
recognizing state,
that according to the
provisionally and temporarily
recognizing state, the state or
and with all due reservations
government recognized
for the future, the state and
formally fulfills the
government recognized fulfills
requirements laid down by
the requirement laid down by
International Law for effective
International Law for effective
participation in the
participation in the
international community.
international community.
Difference Between Defacto and
Dejure Recognition
1. Durability:
(1) De jure: It is permanent and durable.
(2) De facto: It is temporary and transitory.

2. Revocation:
(1) De jure: It cannot be revoked.
(2) De facto: It can be revoked.
3. Succession:
(1) De jure: Legally or constitutionally recognized
government succeeds former government.
(2) De facto: De facto recognition does not follow
succession.
4. Status:
(1) De jure: State having de jure recognition can sue.
(2) De facto: State having de factor recognition cannot sue.

5. Diplomatic relations:
(1) De jure: This recognition enjoys diplomatic relations and
immunities as well.
(2) De facto: Diplomats do not enjoy immunities.

6. Demand of property:
(1) De jure: State, which is recognized de jure, can demand her share
in state property.
(2) De facto: This recognition lacks demand of property.

7. Treaties:
(1) De jure: State may make treaties with other states.
(2) De facto: State cannot make treaties with other states and if so,
temporarily and with due reservations.
Recognition of Insurgency
Insurgency is a type of civil disturbance which usually is
confined to a limited area of the territory of the State and
with the support of a minimum of section of the people in
the State.

Conditions for recognition of insurgents

The insurgents need to have control over a considerable
part of the territory;
Most of the people living in the territory must support
the rebels for their own accord and not as a result of the
enforcement actions taken by the insurgents;
The insurgents must be able and willing to comply with
international obligations.

Recognition of Belligerency
Belligerency is the final category of a challenge to the
established government, recognized by customary
international law, and implies a more serious conflict
than any rebellion or insurgency.

It is the acknowledgement of a legal fact that there

exists a state of hostilities between the two groups
vying for power or authority; it is ... the recognition of
the existence of war.
The Conditions for Recognition of
belligerency

1. There should exist within the state a status of armed

conflict
2. The insurgents must administer and occupy a
major portion of national territory.
The hostilities must be conducted in accordance with
the rules of war and through organized armed forces
acting under a responsible authority.
There must exist certain circumstances which make it
necessary for outside states to define their attitude by
means of recognition of belligerency.

 Effect of Recognition

1. The recognized State become entitled to sue in the

recognized state
2. The court of recognizing state given effect to the
past as well as present legislation and executive acts
of the recognized state.
3. Diplomatic Relations
4. Sovereign Immunity
5. Right to succession
 Is there a duty to recognize?

Consequences of Non-recognition

Recognition may be implied Recognition

Collective Recognition
 Recognition may be Conditional Recognition

Is withdrawal of Recognition possible?

Retro effective Effects of Recognition

Civil Air Transport Incorporated v. Central Air Transport
Corporation 1953
 State Practice Regarding
Recognition
Estrada Doctrine (MR. Estrada was the Foreign Minister
of Mexico)
Establishment of diplomatic relation with another state
the Mexico govt will be free

Stimson Doctrine- Secretary of State , USA

Recognition against the international treaty will be
deemed to be invalid.

Hallestein Doctrine
Based on division of Germany
 Extradition
Extradition has been defined by Oppenheim as "the delivery of
an accused or a convicted individual to the State on whose
territory he is alleged to have committed, or to have been
convicted of, a crime by the State on whose territory the alleged
criminal happens for the time to be."
Restrictions on Extradition
1. Non extradition of Political Criminal

What is political crime?

Re Castioni case
Re Meunier Case,
the court held that for an offence to be political, it is
necessary that there should be two or more than two parties
in the state, each wanting to establish its government in the
state. If an offence is committed with this objective, it will be
called a political offence.

Section 31(a) of Extradition Act 1962, if the offence in

respect of which his surrender is sought is of a political
character or if he proves to the satisfaction of the Magistrate
or court before whom he may be produced or of the Central
Government that the requisition or warrant for his surrender
has, in fact, been made with a view to try or punish him for
an offence of a political character
 2. Extradition is not allowed for military criminals

3. Religious criminals could not also be extradited

4. Rule of Speciality
In the case of US v Rauscher, 1886 Supreme court of USA
held that when a person is brought under the jurisdiction
of the court under the extradition treaty, he may be tried
only for the such offence for which his extradition was
sought

5. Rule of Double Criminality

6. There should be prima facie evidence against the

accused.
7. Once extradited can not be revoked
The case of Savarkar, 1911

8. There must be a extradition treaty.

The Tarasov Extradition case
{ Extradition Act 1962, section 31 (c)}
 United Nations Organization

UNO came into being on October 24, 1945. But many attempts
were made
earlier to establish an international organisation.
1. The London Declaration, June 1941 : In June, 1941 the
representatives of
Britain, Canada, Australia, New Zealand and South Africa met in
London. The first proposal for a new world organisation to be
established was made. It should be more powerful than the
League of Nations so that peace be established in the world in the
real sense. The decisions and deliberations of these members
were called the London Declaration.
2. Declaration of the Atlantic Charter, August 1941 In
August, 1941, the U.S. President Roosevelt and the British Prime
Minister Churchill issued a declaration known as the Atlantic
Charter. The Charter states The main objectives of the Charter
were.
International peace and security.
International cooperation in the field of social economic, cultural
development of the world.
Establish friendly relations among nations based on equal rights
and self determination.
Recognition of fundamental rights of the people.
meet at Washington. Pledge to defeat common, enemies unitedly. The
word "United Nations" used for the first time.
4. The Moscow Declaration, October 1943 : In October, 1943, a
conference of the
Foreign Ministers of the U.S.A., the U.S.S.R., England and China took place
at Moscow. The Moscow Declaration of 1943 confirmed the necessity of
forming a general international organisation, based on the principle of
sovereign equality of all peace-loving nations, for the preservation of
international peace and security. It laid down the foundation of the U.N.O.
5. The Yalta Conference, February 1945 : Early in 1945, heads of three
big nations, i.e., the U.S. President Roosevelt, the British Prime Minister
Churchill and the Soviet Premier Stalin met at Yalta in the Soviet Union
from 4th to 11th February, 1945. It was decided to open to all the states,
at war with Germany, the membership of the
United Nations, so that they could attend the next meeting to be held at
San Francisco for drafting the Charter of the United Nations.
6. The San Francisco Conference, April 1945: A meeting of the Allied
nations was held at San Francisco, U.S.A. Its deliberations continued from
25th April to 26th June, 1946 and about 50 countries took part in it. The
United Nations Charter was signed by 50 participating countries on June
26, 1945. It became effective on October 24, 1945 when the United
Nations Organisation started functioning in a regular manner. That is why
24th October is celebrated each year as the United Nations Day.
UN Headquarters are in New York City USA.
Official languages of the UN are Arabic, Chinese, English, French, Russian
 Status of UNO
It has been held by the ICJ in the case Reparation for
injuries suffered in the service of UNO, 1949. that UNO is a
legal person and a subject of law.
UNO shall possess Judicial personality. It shall have the
capacity
1. To contract
2. To acquire or dispose the immovable property
3. To institute legal proceedings
 United Nations Charter
(UN Charter)

UNITED NATIONS CHARTER

Total Article 111

Econom
General
Security ic and Trustee
General Assemb ICJ Sectera
Council Cultural Council
Provisio ly ( 92 to te
( 23 to Council ( 86 to
ns ( 9 to 96) (97 to
62) ( 63 to 91)
( 1 to 8) 22) 111)
85)
 General Provisions
Purpose(Art 1) Principal (Art 2)
1. To maintain 1. The principal of Sovereign
International Equality of all Members
peace and 2. Members to fulfill in good
security faith the obligations
2. To develop assumed by them
friendly 3. Peaceful settlement of
relations International Dispute
3. To achieve the 4. Principles of Non-
international Intervention Membership
cooperation 5. Members to assist the united
4. To be a centre nations in common action
for 6. Non-members also to act in
harmonizing accordance with the
the actions of principles of the United
nations in the Nations
attainment of 7. Non- Intervention in
these common Domestic Matters of Member
ends State
 Membership
ORIGINAL MEMBER
(Art 3)
ADMITTED MEMBER
The original Members
(Art 4)
of the United Nations
shall be the states
which, having
participated in the Membership in the
United Nations United Nations is
open to all other The admission of
Conference on
peace-loving states any such state to
International
which accept the membership in the
Organization at San
obligations United Nations will
Francisco, or having
contained in the be effected by a
previously signed the
present Charter decision of the
Declaration by
and, in the General Assembly
United Nations of 1
judgment of the upon the
January 1942, sign
Organization, are recommendation
the present Charter
able and willing to of the Security
and ratify it in
carry out these Council.
accordance with
Article 110. obligations.
Suspension of the Membership
(Article 5)

A Member of the United Nations against which

preventive or enforcement action has been taken by
the Security Council may be suspended from the
exercise of the rights and privileges of membership by
the General Assembly upon the recommendation of
the Security Council. The exercise of these rights and
privileges may be restored by the Security Council.
Termination of the Membership
Article (6)

A Member of the United Nations which has

persistently violated the Principles contained in the
present Charter may be expelled from the
Organization by the General Assembly upon the
recommendation of the Security Council
 General Assembly
( Art 9-22)

Composition of General Assembly (Art 9)

1. The General Assembly shall consist of all the Members of
the United Nations.
2. Each Member shall have not more than five
representatives in the General Assembly.
 Voting Rights of Members
( Art 18 )
1. Each member of the General Assembly shall have one
vote.
2. Decisions of the General Assembly on important
questions shall be made by a two-thirds majority of the
members present and voting. These questions shall
include: recommendations with respect to the
maintenance of international peace and security, the
election of the non-permanent members of the Security
Council, the election of the members of the Economic and
Social Council, the election of members of the Trusteeship
Council in accordance with paragraph 1 (c) of Article 86,
the admission of new Members to the United Nations, the
suspension of the rights and privileges of membership,
the expulsion of Members, questions relating to the
operation of the trusteeship system, and budgetary
questions.
3. Decisions on other questions, including the
determination of additional categories of questions to be
decided by a two-thirds majority, shall be made by a
majority of the members present and voting.
Functions and Powers of G A

Deliberative Financial Constituent

Functions Functions Functions

Elective
Supervisory
Functions
Functions
 Deliberative Functions

The General Assembly is the main deliberative body of the UN

1. Consider and make recommendations on the general principles of
cooperation for maintaining international peace and security, including
disarmament;( Art 11)
2, Discuss any question relating to international peace and security
and, except where a dispute or situation is currently being discussed by
the Security Council, make recommendations on it;(Art 11 and 12)
3. Discuss, with the same exception, and make recommendations on
any questions within the scope of the Charter or affecting the powers
and functions of any organ of the United Nations;(Art 11)
4. Initiate studies and make recommendations to promote international
political cooperation, the development and codification of international
law, the realization of human rights and fundamental freedoms, and
international collaboration in the economic, social, humanitarian,
cultural, educational and health fields;(Art 13)
4. Make recommendations for the peaceful settlement of any situation
that might impair friendly relations among nations;
5. Receive and consider reports from the Security Council and other
United Nations organs;
Legal Position of Resolution
of GA

Ordinarily a General Assembly resolution is not binding and

does not create legal implication. It is recommendatory in
nature. But the position will be different if a resolution is passed
unanimously or recited again and again numerous times and is
passed with overwhelming majority.
 Uniting for Peace
Resolution, 1950
This UN General Assembly resolution, known as the "Uniting for
Peace" resolution, was passed on November 3, 1950. Among its
provisions:

"...if the Security Council, because of lack of unanimity of the

permanent members, fails to exercise its primary responsibility
for the maintenance of international peace and security in any
case where there appears to be a threat to the peace, breach of
the peace, or act of aggression, the General Assembly shall
consider the matter immediately with a view to making
appropriate recommendations to Members for collective
measures, including in the case of a breach of the peace or act
of aggression the use of armed force when necessary, to
maintain or restore international peace and security."
The resolution provisioned for
Emergency Session
Establishment of a fourteen - nation Peace
Observation Commission
Power to take collective measures for the
maintenance of peace.
 Supervisory
Functions

By supervisory function we means those function by which

the G A supervises the functions of other principal organs
and specialized agency of the UN. The G A particularly
exercise sufficient control over the two principal organs of
the un namely Economic Council and Trusteeship Council.
Submission the annual report to GA (Art 15)
 Financial
Functions
(Art 17)

1. The General Assembly shall consider and approve the

budget of the Organization.
2. The expenses of the Organization shall be borne by the
Members as apportioned by the General Assembly.
3. The General Assembly shall consider and approve any
financial and budgetary arrangements with specialized
agencies referred to in Article 57 and shall examine the
administrative budgets of such specialized agencies with a
view to making recommendations to the agencies
concerned.

Certain Expenses of Organization, 1962

ICJS Decision
 Elective Functions

1. Election of 10 non-
permanent member
Security Council
Admission of new 2. Election of 54 members of
States to the Economic and Social
United Nations Council
3. Election of members of
Trusteeship Council
4. Taking part in Election of
Judge of ICJ
5. Taking part in appointment
of General Secretary of UN
 Constituent Function
(Art 108)

Amendments to the present Charter shall come into force

for all Members of the United Nations when they have
been adopted by a vote of two thirds of the members of
the General Assembly and ratified in accordance with their
respective constitutional processes by two thirds of the
Members of the United Nations, including all the
permanent members of the Security Council.
INTERNATIONAL COURT OF JUSTICE
(Art 92 to 96)

The International Court of Justice shall be the principal judicial

organ of the United Nations. It shall function in accordance
with the annexed Statute, which is based upon the Statute of
the Permanent Court of International Justice and forms an
integral part of the present Charter.(Article 92)
 Members of the statute of ICJ
(Article 93)

All Members of the United Nations areipso factoparties to the

Statute of the International Court of Justice.
A state which is not a Member of the United Nations may
become a party to the Statute of the International Court of
Justice on conditions to be determined in each case by the
General Assembly upon the recommendation of the Security
Council.
Organization of the Court

Composition of the ICJ

Article 3 provides that the Court shall consist of fifteen

members, no two of whom may be nationals of the same
state.

Election of Judges

Article 4 Provides that the members of the Court shall be

elected by the General Assembly and by the Security
Council separately.
 Procedure to elect Judge for ICJ

According to Article 10, Those candidates who obtain an

absolute majority of votes in the General Assembly and in the
Security Council shall be considered as elected.

Article 11 provides that If, after the first meeting held for
the purpose of the election, one or more seats remain to he
filled, a second and, if necessary, a third meeting shall take
place.

It is further provided by the Article 12 that if, after the

third meeting, one or more seats still remain unfilled, a joint
conference consisting of six members, three appointed by the
General Assembly and three by the Security Council, may
be:formed at any time at the request of either the General
Assembly or the Security Council, for the purpose of choosing
by the vote of an absolute majority one name for each seat
still vacant, to submit to the General Assembly and the
Security Council for their respective acceptance.
Terms, Re-election and Termination
of Judges

According to Article 13 ,the members of the Court shall be

elected for nine years and may be re-elected

Termination of the Judge

Article 18 provides that , 1. No member of the Court

can be dismissed unless, in the unanimous opinion of the
other members, he has ceased to fulfill the required
conditions.
2. Formal notification thereof shall be made to
the Secretary-General by the Registrar.
3. This notification makes the place vacant.
 Qualification

Qualification to be a Judge in ICJ

The judges must possess the qualifications required in their

respective countries for appointment to the highest judicial offices,
or be jurists of recognized competence in international law.

Ad hoc Judge (Article 31)

When the Court does not include a judge possessing the nationality
of a State party to a case, that State may appoint a person to sit as a
judge ad hoc for the purpose of the case.

 Law Applied by ICJ

Article 38(2)
38(1)
Statute
of ICJ Ex aequo et bono

38(1) ------
a
(b) (c) (d)
--

Decision or
Decision of
Internation Determinati
Internation Judicial or
al on of the
al GPLRCS Tribunal and
Convention organs of
Customs Juristic
s internationa
Works
l institutions
Bindings of the Decision of
ICJ

According to Article 59 of the Statute of ICJ, the decision

of the Court has no binding force except between the
parties and in respect of that particular case.
 Jurisdiction

Contentious Advisory
Jurisdiction Jurisdiction

Voluntary
Optional
Jurisdiction (36 i)-
Jurisdiction- According
The jurisdiction of
to article 36(ii) the
the Court comprises
existing parties to the
all cases which the
statute may confer
parties refer to it
compulsory
and all matters
jurisdiction upon the
specially provided
court by making such
for in the Charter of
declaration In respect
the United Nations
of any other state
or in treaties and
which also accept
conventions in force.
similar obligation.
 Advisory
Jurisdiction

Art 96 UN Art 96 Assembly

1. The General UN
Art 65 ICJ
CHARTER Charter
or the Security Council
may request the
International Court of
Justice to give an advisory
The Court may give an
opinion on any legal
advisory opinion on any
question.
legal question at the
2. Other organs of the
request of whatever body
United Nations and
may be authorized by or in
specialized agencies,
accordance with the
which may at any time be
Charter of the United
so authorized by the
Nations to make such a
General Assembly, may
request.
also request advisory
opinions of the Court on
legal questions arising
within the scope of their
 Security Council
Composition of Security Council- It is the executive
body of the UNO. Has 15 members. The USA, Russia,
England, France and China are permanent members.
Remaining 10 members are elected by the General
Assembly for 2 years. Each member is entitled to send
one representative in the council.

Voting Rights Each member of the Security Council is

entitled to give one vote. Decision on procedural matters
are taken by a majority of 9 members. Decision on
substantial and important matters requires the
affirmative vote of 9 members including the 5 permanent
members.(Art 27 UN Charter).
Veto and Double Veto Power
Veto Power
In accordance with the provision of Article 27 of the
Charter, the affirmative vote of 9 members of the Security
Council including the permanent members is necessary for
a decision on substantive or important matters. If any
permanent members give a negative vote the Security
Council becomes unable to take decision on that matter.
This power known as Veto Power. UN Charter has conferred
veto power upon five permanent members of Security
Council.

Double Veto Power

 Functions and Powers

Maintenance
of Peace and Elective
Security- Functions Supervisory Constituent
1. Membershi Functions Functions-
1. Pacific p of New
settlemen State
t of 2. Election of
Amendment
dispute Judges of Trusteeship of UN Charter
(Art 33) ICJ System
2. Action 3. Appointme
with nt of
respect to Secretary
threats to General
peace etc
Maintenance of Peace and Security-

Pacific settlement of
dispute Action with respect to
Article 33 of the Charter states that any dispute
threatsthat is likely
to peace etc to
Art 33 to 38
endanger the maintenance of international peace and security should
first be addressed through negotiation, mediation or other peaceful
means, and states that the Council can call on the parties to use such
means to settle their dispute.
Article 34 of the Charter empowers the Security Council to
investigate any dispute, or any situation that is likely to endanger
international peace and security
Article 35 of the Charter grants both Member and non-Member States
the power to bring any dispute, or any situation that is likely to
endanger international peace and security, to the attention of the
Security Council
Articles 36-38 of the Charter of the United Nations cover the
authority and limitations of the Security Council in making
recommendations for the peaceful settlement of disputes that may
threaten international peace and security or were referred to the
Council by the parties. These are generally not considered mandatory
 Action with respect to threats to peace etc (Chapter
VII)
Article 39 provides that the Security Council shall determine the
existence of any threat to the peace, breach of the peace, or act of
aggression and shall make recommendations, or decide what measures
shall be taken in accordance with Articles 41 and 42, to maintain or
restore international peace and security.

According to Article 41 The Security Council may decide what

measures not involving the use of armed force are to be employed to
give effect to its decisions, and it may call upon the Members of the
United Nations to apply such measures. These may include complete or
partial interruption of economic relations and of rail, sea, air, postal,
telegraphic, radio, and other means of communication, and the
severance of diplomatic relations.

Article 42 provides that if the Security Council consider that measures

provided for in Article 41 would be inadequate or have proved to be
inadequate, it may take such action by air, sea, or land forces as may
be necessary to maintain or restore international peace and security.
Such action may include demonstrations, blockade, and other
operations by air, sea, or land forces of Members of the United Nations.
 Article 43 provides that the Security Council may ask the
members of the United Nations to contribute to the Maintenance
of International Peace and Security and to make available on its
call armed forces for the purposes of maintenance of IPS.

Difference between the Resolution made under Chapter VI

and VII

Resolutions the Security Council adopts under Chapter VI are

intended to be followed and implemented via negotiated
settlements between concerned parties. While in contrast,
resolutions adopted by the Security Council under Chapter VII
invest the Security Council with power to issue strict resolutions
that require nations to comply with the terms set forth in the
resolution. This leaves no room to negotiate a settlement with the
affected parties.
 Water of Sea

Exclusive
Territorial Contiguous
Economic High Sea
Sea Zone
Zone
Law of Sea
International Conventions on Law of
Sea

First United Nations Conference, 1958

Second United Nations Conference, 1960

Third United Nations Conference, 1982

 Territorial Sea
The term territorial waters refers to that part of the ocean
immediately adjacent to the shores of a state and subject
to its territorial jurisdiction. The state possesses both the
jurisdictional right to regulate, police, and adjudicate the
territorial waters and the proprietary right to control and
exploit natural resources in those waters and exclude
others from them.

Article 2 of Third International Convention on Law of Sea,

1982,
The sovereignty of a coastal State extends, beyond its
land territory and internal waters to an adjacent belt of
sea, described as the territorial sea.

Provided by Article 3 of the same convention that

the sovereignty over the territorial sea is exercised subject
to this Convention and to other rules of international law
Breadth of Territorial Sea
According to Article 3 of the International Convention
on the Law of Sea, 1982, Every State has the right to
establish the breadth of its territorial sea up to a limit
not exceeding 12 nautical miles, measured from
baselines determined in accordance with this
Convention.

Indian Position- India till 1956 had its territorial sea

upto 3 miles and
From 1956 to 1967 it was six nautical miles . In 1967
by a presidential proclamation it was extended to 12
nautical miles.
According to section 3 of Indian Maritime Zone Act,
1976 that the limit of the territorial water would be
12 nautical miles.
Rights of the States over Territorial
Sea

Right of Other
States
Right of
(Right to
Costal States
innocent
(All Sovereign
passage)
Rights)
(Corfu
Channel case,
1949)
 Contiguous Zone
According to the UNCLOS (Article 33), this is a zone
contiguous to a coastal state's territorial sea, over which
it may exercise the control necessary to: prevent
infringement of its customs, fiscal, immigration, or
sanitary laws and regulations within its territory or
territorial sea; punish infringement of the above laws
and regulations committed within its territory or
territorial sea; the contiguous zone may not extend
beyond 24 nautical miles from the baselines from which
the breadth of the territorial sea is measured
 Continental Shelf

Article 1 of the Convention on the Continental Shelf,

1958 defined the shelf based on its exploitability instead
of depending upon the conventional geological
definition, which referred to the seabed and subsoil of
the submarine zones next to the coast but not within the
territorial sea that extends to a depth of 200 meters or
beyond that limit to where the depth of the superjacent
waters admits of the exploitation of the natural
resources of the said areas.
According to Article 76 of the 1982 Convention, The
continental shelf of a coastal State comprises the seabed
and subsoil of the submarine areas that extend beyond
its territorial sea throughout the natural prolongation of
its land territory to the outer edge of the continental
margin, or to a distance of 200 nautical miles from the
baselines from which the breadth of the territorial sea is
measured where the outer edge of the continental
margin does not extend up to that distance.

It is the submarine prolongation of a coastal states

landmass to the outer edge of the continental margin.
The continental shelf falls under the coastal states
jurisdiction. Areas beyond the continental margin are,
however, part of the international seabed area.
RIGHTS AND DUTIES OF COASTAL STATES IN C S

The area of continental shelf cannot be appropriated by

the States, and therefore, States cannot exercise
sovereignty over this state. They may exercise sovereignty
rights to explore and exploit mineral, non-living resources
of the sea-bed and subsoil and they are required to make
payments or contributions annually with respect to all
production at a site after the firstfive years of production
at that site. The rate shall increase by 1 per cent of the
value for each subsequent year until twelfth year and shall
remain at 7 percent thereafter. If coastal states does not
explore or exploit shelf resources no other state may
undertake these activities without its express consent.
[xvii]However, The rights of the coastal State over the
continental shelf do not affect the regime of freedom of
navigation on the high seas or that of the airspace above
the superjacent waters or the Epicontinental Sea
RIGHTS AND DUTIES OF OTHER
STATES IN C S

Other states have been given a few rights over the

continental shelf. They are entitled to lay submarine cables
and pipelines on the continental shelf with the consent of
continental shelf. The coastal state may impose conditions
for cables or pipelines
 INDIAN POSITION
Indian position on continental shelf has been made clear under Section
6 of the Maritime Zones Act of 1976.Part 1 of the section lays down that,
the seabed and subsoil of the submarine areas adjacent to the coast
but outside the area of the territorial sea, to a depth of 200 meters, or,
beyond that limit, to where the depth of the superjacent waters admits
of the exploitation of the natural resources of the said areas. The Act
also lay down under section 6, Para 3 that the Union has:
1. Sovereign rights for exploration, exploitation , conservation, and
management of all resources;
2. Exclusive rights and jurisdiction for the construction, maintenance or
operation of artificial Islands, off-shore terminals, installations and other
structures and devices necessary for the continental shelf or for
convenience of shipping or for any other purpose.
3. Exclusive jurisdiction to authorize, regulate and control scientific
research
4. Exclusive jurisdiction to preserve and protect the marine environment
and to prevent and control marine pollution.
EXCLUSIVE ECONOMIC
ZONE
Article 55 of the 1982S Convention , he exclusive
economic zone is an area beyond and adjacent to the
territorial sea, subject to the specific legal regime
established in this Part, under which the rights and
jurisdiction of the coastal State and the rights and
freedoms of other States are governed by the relevant
provisions of this Convention.

Breadth of EEZ- The exclusive economic zone shall not

extend beyond 200nautical miles from the baselines
from which the breadth of the territorial sea is
measured.(Article 56
 RIGHTS AND DUTIES OF
COASTAL STATES IN EEZ

In the exclusive economic zone, the coastal State has:

(a) sovereign rights for the purpose of exploring and exploiting,
conserving and managing the natural resources, whether living or
non-living, of the waters superjacent to the seabed and of the
seabed and its subsoil, and with regard to other activities for the
economic exploitation and exploration of the zone, such as the
production of energy from the water, currents and winds;
(b) jurisdiction as provided for in the relevant provisions of this
Convention with regard to:
(i) the establishment and use of artificial islands, installations and
structures;
(ii) marine scientific research;
(iii) the protection and preservation of the marine environment;
(c) other rights and duties provided for in this Convention.
RIGHTS AND DUTIES OF OTHER
STATES IN EEZ

In the exclusive economic zone, all States, whether coastal or

land-locked, enjoy, subject to the relevant provisions of this
Convention, the freedoms referred to in article87 of navigation
and overflight and of the laying of submarine cables and
pipelines, and other internationally lawful uses of the sea related
to these freedoms, such as those associated with the operation of
ships, aircraft and submarine cables and pipelines, and
compatible with the other provisions of this Convention.
 Intervention
Article 2, paragraph 4, of the Charter provides: \"All
Members shall refrain in their international relations from
the threat or use of force against the territorial integrity or
political independence of any State, or in any other manner
inconsistent with the Purposes of the United Nations

Intervention is the interference of one country into affairs of

another by means of force or other. This can be diplomatic,
military, heinous or genuine. In general, States do not like
the intervention of another State in their internal affairs
unless in certain exceptional situations.

Prof Oppenheims Definition:--Intervention is dictatorial

interference by the state in the affairs of another state for
the purpose of maintaining or altering the actual condition
of things.
 Kinds of Intervention
External
Internal Intervention:--
Intervention:-- it is an intervention Punitive
This is intervention by a state in the Intervention:--It is
by a state in a civil foreign affairs of resorted to by a
war going on with other states. As a state when it has
the territory of general rule, an suffered an injury
another state. The external intervention by some action
intervening state in is directed against state and may be
such case may side hostile relations of stated as an act of
with insurgents or other states. While retaliation against
legitimate govt. there is a war going the state. The
the intervention of on between two punitive
number of states in states, a third state intervention may
civil war in spain in can make an external take the form of
1936 was typical of intervention by pacific blockade.
internal entering the war on
intervention. behalf of either of two
states
 Grounds for Intervention

INTERVENTION FOR
TO ENFORCE PROTECTION OF
TREATY RIGHTS PROPERTY AND
SELF DEFENSE PERSONS

INTERVENTION ON INTERVENTION TO
COLLECTIVE
HUMANITARIAN PREVENT ILLEGAL
INTERVENTION
GROUNDS INTERVENTION
 SELF DEFENSE:
Use of force in self defense is justified where it is necessary
for self preservation. The right of self defense under article
51 is subject to following conditions: 1: There should be an
armed attack. 2: Right exist until security council has taken
any action. 3: It should be reported to security council. 4: The
right shall not effect security councils responsibility for peace
and security. 5: Right is not available for non member states.

INTERVENTION ON HUMANITARIAN GROUNDS:

Intervention was permitted in the past on humanitarian
grounds. When human rights were openly violated in a state
and the people were openly persecuted then other states can
intervene in the affair of such a state in order to check such
persecution and violation of human rights. E.g. England,
France and Russia jointly intervened in the conflict of Greece
and turkey in 1827to check violation of human rights, other
examples include: Bulgaria 1877 Cuba 1898 Haiti 1915
 TO ENFORCE TREATY RIGHTS:---Intervention was also permitted
in the past under international law to enforce treaty rights. There are
several examples of intervention on this ground e.g. when Germany
attacked Belgium in 1831 England intervened because it had a
treaty with Belgium whereby it was committed to maintain the
neutrality of Belgium. Similarly USA intervened Cuba in 1962. Now
after the enforcement of united nations charter this kind of
intervention is not allowed as states have undertaken not to
intervene in the external or internal affairs of another state. But
again question arises is that what was wrong with USA when they
first intervened Afghanistan and then Iraq.

INTERVENTION TO PREVENT ILLEGAL INTERVENTION:---

In the past there have been several cases of intervention by states in
order to prevent illegal intervention by other states. It was on this
ground that England helped Protugal in 1926. The united nations
charter has affected this right. Intervention by one state in the
affairs of another state is no more permissible.
 INTERVENTION FOR PROTECTION OF PROPERTY AND
PERSONS:
In the past international law permitted the intervention in order
to protect the property and persons of a state citizens. The
growth in international relations and interdependence of states
necessitated the intercourse of citizens of one state with other.
So whenever there is a danger to the persons or property of
citizens it become natural for a state to take action. During India
Pakistan war in 1971 America sent its 7th fleet to the bay of
Bengal on the ground of protection of property and persons. But
united nations charter does not allow this kind of intervention.

COLLECTIVE INTERVENTION:
Under united nations charter collective intervention can be
made to check an aggression on the breach of international
peace and security. Security council has empowered to take
collective action if there exist a threat or a breach of
international peace. In its first stage security council take such
collective measures and do not involve the use of force. If such
an action does not prove to be adequate the security council is
empowered to employ armed forces. The united nations took
such actions in Korea 1950, Congo 1961, in Bosnia 1995-96
DOCTRINE ON PRINCIPLE OF
NON INTERVENION:

MONROE DOCTRINE:
President Monroe of United States propounded this doctrine.
I t was reaction of the treaty which napoleon had entered in
to with European states. The European states wanted to re
establish their colonies in America and wanted to help
Spain. In the background of these events president Monroe
made a declaration in 1923, the important points of this
doctrine are as followed.
1: The states of American continent would not more be
made subject to colonization in future.---2: America would
not interfere in the European wars.---3: If European states
interfered in the affairs of American continent then America
would consider it unfriendly act.
DRAGO DOCTRINE:--This doctrine was presented by drago
of Argentina. According to the doctrine European states
could not intervene in the affairs of states of American
continent on the ground of claiming public debts. Actually
European states had started using military force to enforce
the claims of their citizens e.g. England, Germany and Italy
had enforced blockade against Venezuela because they had
failed to fulfill its financial obligations.