Free Full Course on Public International Law

1. Public International Law: Nature, Scope, Codification, Sanctions

The term Public ‘international law’ was first used by Jeremy Bentham in 1780.  Oppenheim defined it as, “the name for the body of customary and conventional rules which are considered legally binding by civilized states in their intercourse with each other.”  ​   This definition of Oppenheim was criticized on various points due to which it needed reform. This reform was made by Sir Robert Jennings and Sir Arthur Watts. They defined “International law is the body of rules which are legally binding on states in their intercourse with each other.

2.  Subjects of Public International Law

The terms “subjects of international law” refers to entities endowed with legal personality, capable of exercising certain rights and duties on their own account under the international legal system.
 
According to Starke, the term “Subject of international law” means;
a) An incumbent of rights and duties under international law;
b) The holder of procedural privileges of prosecuting a claim before an international tribunal; and
c) The possessor of interests for which provision is made by international law.

3. Relationship between International Law and Municipal Law

National/Municipal law is the law of the sovereign governing individuals and their conduct within the state and is concerned with the internal relations of the state. On the other hand, International law deals with the rules which are considered legally binding by sovereign independent states in their relations with one another and is considered with the external relations of the state. The relationship between International law and Municipal law is a controversial question of legal theory. ​

4. Sources of International Law: Treaties, Customs, General Principle

​There are 5 traditional sources of International law (3 Primary and 2 Secondary) which are recognized by the International Court of Justice. Article 38 of the Statute of the ICJ talks about the 3 Primary sources of international law, which are as follows:   
1.    International Conventions/Treaties;
2.    International Custom;
3.    General Principles of law recognized by civilized nations;
 
Subject to the Provision of Article 59, there are 2 Secondary sources of International law:
1.    Judicial Decisions
2.    Teachings of the most qualified publicists

5. International Human Rights Law

​Human rights are the fundamental rights which are essential for life as a human being. These are the birthrights, so they are given to each and every human being irrespective of his nationality. All human rights are derived from the dignity of humans. ​    
1.    Civil and Political rights: These rights are often named as the 1st Generation rights. These rights have found a place in the constitution of all the major countries in the world.  They are also called as the negative rights as the governments are required to abstain from doing those activities that would violate them.
2.    Economic, social and cultural rights: These rights are the 2nd Generation Human rights. The Socialist states believe that civil and political rights got no meaning without the Economic independence of the people of a state. These rights had their origin from the Russian Revolution of 1917. 

6. State Responsibility

In International law, State responsibility refers to the liability of one state to another for the non-observance of the obligations imposed by the international legal systems. It is based on the doctrine of equality of states and State sovereignty. If one state commits an internationally unlawful act against the other state then international responsibility is established between the two. ​

7. State Jurisdiction: Nationality; Extradition; Asylum

​State Jurisdiction is the legal boundary of the state to govern its persons and property by its Municipal law. It is an essential feature of a state to exercise its control over all the people so that people can live in a good environment and rule of law can be maintained.
Civil Jurisdiction is the concern of private international law. Public international law confines itself to criminal jurisdiction. In civil matters, the municipal courts apply private international law in the cases in which foreign element is involved.
International law sets little or no limitation on the jurisdiction which a particular state may arrogate to itself.

    Subscribe to our Newsletter