C INTERNATIONAL LAW

Guess Paper
Unit - 1
Question:- i) Discuss the nature and basis of International Law which source has contributed to the development
of International Law? OR
ii) Whether the International Law is law in the proper sense of the term. Give reasons for your answer. OR
iii) International Law is the vanishing point of jurisprudences. Explain.
iv) Discuss the weaknesses of International law . OR International Law is a weak Law.
v) International Law and Municipal Laws are same or not. Explain.
Unit-II
Question :-2.(i) What do you understand by recognition of a state? What are the theories of recognition? What are the
legal effects of recognition and consequences of non-recognition of a state? Discuss.
(ii) What is the difference between de facto and de jure recognition.
(iii) Discuss the conditional recognition.
(iv) What is meant by Intervention? Under what circumstances intervention by one state in the affairs of another state
considered justified?
Unit-III
Question:-3 (i) What are the categories of diplomatic agents ? What immunities do diplomat enjoy and how the
immunities are lost?
(ii) Define Treaty. What do you understand by ratification of a Treaty? Explain?
(iii) Define Extradition? Explain the essential conditions for extradition? For which crime extradition cannot be
claimed. Discussed
(iv) Define Asylum, its essentials and types of asylum. What are the differences between extra territorial asylum and
territorial asylum?
Unit- IV
Question :-4 (i) (v) Critically examine the various amicable and force-able means of settlement of International
disputes between the states.
(ii) Define war. What are the legal characteristics and effects of a War?
(iii) Discuss the rights and duties of neutral state and belligerent states.
(iv) Define Prize Court.
(v) Distinguish between Neutrality and Neutralization.
(vi) Discuss Blockade and right of Angry.

Write short note on the followings:-

1. What do you mean by ex acquo ET bonod.
2. What is ‘double veto’.
3. Write about ‘jus cogens ‘.
4. Difference between Retorsion and Reprisal.
5. What do you mean by Blockade?
6. What is meant by contraband?
7. Explain the doctrine of Pacta sunt servanda.
8. What is drago Doctrine?
9. Explain Political crime in respect of extradition.
10. Discuss Monroe Doctrine.
11. Write a short note on Hijacking.

1.Discuss the sources of International Law Explain them.

Introduction:-The term sources refer to methods or procedure by which international law is created. A distinction is
made between the formal sources and material sources of law. The formal, legal and direct sources consist of the
acts or thing which gives that the content its binding character as law. The material sources provide evidence of the
existence. The sources of international law may be classified into five categories:- 1.International Conventions: -
In the modern period international treaties are the most important source of international law. This is because the
reason that states have found in this sources. Article 2 of the Vienna Convention on the law of treaties 1969, a
treaty is agreements whereby two or more states establish or seek to establish relationship between them govern by
international law. Prof. Schwarzenbergr, “Treaties are agreements between subjects of international law creating a
binding obligation in international law.” International treaties may be of the two types: - a) Law making
treaties:- these are the direct source of international law and the development of these treaties was changing of the
circumstances. Law making treaties perform the same functions in the international field as legislation does in the
state field. b) Treaty contracts:-As compared to law making treaties treaty contracts are entered into by two or
more States. This may happen when a similar rule is incorporated in a number of treaty contracts.
2.International Customs:-International customs have been regarded as one of the prominent sources of
international law for a long time. However even today it is regarded as one of the important sources of international
law. Usage is an international habit which has yet not received the force of law. STRAKE Says, “Usage represents
the twilight stage of custom, custom begins where usage ends. Usage is an international habit of action that has yet
not received full legal attestation.” A custom in the intendment of law is such usage as that obtained the Force of
law i.e.:- It is not necessary that the usage should always precede a custom. ii) In certain cases usage gives rise to
international customary law. iii)When a usage is combined with a rule of customary law exists. iv)It is an important
matter to see as to how international custom will be applied in international law. Refer a case of West Rand
Central Gold Mining Compy.v/s R-1905, court held that for a valid international customs it is necessary that it
should be roved by satisfactory evidence that the custom is of such nature which may receive general consent of the
States and no civilized state shall oppose it. Porugal v/s India-1960, ICJ pointed out that when in regard to any
matter or practice, two states follow it repeatedly for a long time, it becomes a binding customary rule. Still other
resolutions amount to an interpretation of the rules and principles which he charter already contains and which are in
binding upon States.
3. General Principles of Law recognised by civilized States: -Art.38 of ICJ provides that the Statute of
International Court of Justice lists general principles of law recognised by civilised States as the third source of
international law. In the modern period it has become an important source. This source helps international law o
adapt itself in accordance with the changing time and circumstances. On the basis of this view the general principle
of law recognised by civilized States have emerged as a result of transformation of broad universal principles of law
applicable to all the mankind. Following are some important cases relating to the general principles of law
recognised by civilized States:-1.R. v/s Keyn-1876, that I. Law is based on justice, equality and conscience which
have been accepted by practice of States. 2. U.S v/s Schooner-held that I. Law should be based on general
principles.
4. Decisions of Judicial or Arbitral Tribunals and Juristic Works:- i) International judicial Decisions:-In the
modern period international court of justice is the main international judicial tribunal. It was established as a
successor of the permanent court of I. justice. Art.59 of the statute of ICJ makes it clear that the decisions of the
court will have no binding force except between the parties and in respect of that particular case. While in principle
it does not follow the doctrine of precedent. Thus judicial decisions unlike customs and treaties are not direct
sources of law; they are subsidiary and indirect sources of international law. State judicial decisions:- These
decisions may become rules of international law in the following two ways:-1. State judicial decisions are treated as
weighty precedents. 2. Decisions of the state courts may become the customary rule of I. Law in the same way as
customs are. Decisions of International Arbitral Tribunals:- Jurists have rightly too pointed out that in most of
the arbitral cases arbitrators act like mediators and diplomats rather than as judges as in Kutch Award-
1968. Juristic Works. Juristic Works:- Art.38 of ICJ, the work of high qualified jurists are subsidiary means for
the determination of the rules of I. Law. In Paquete Habana and Lola fishing vessels with Spanish flags on them in
1898 during war between America & Spain, held that they could not be seized or apprehended during the state of
blockade.
5. Decisions or determinations of the organs of international institutions:-Art.38 of ICJ incorporated these
sources and also introduced one new source namely general principles of law. In view of the strong reasons the
decisions and determination of organs are now recognised as an important source of I. Law. The resolutions of the
organs may be binding on the members in regard to the internal matters. Organs of international institution can
decide the limits of their competence. 6. Some other sources of International Law:- Besides the above sources of
I. Law, following are some of the other sources of international law: - 1. International Comity: mean mutual
relations of nations. 2. State Paper:-In modern period diplomats send letters to each others for good relations are
also the sources of I. Law. 3. State guidance for their officers: Numbers of matters are resolved on the advice of
their legal advises. 4. Reasons: has a special position in all the ages.5. Equity & Justice: I t may play a dramatic role
in supplementing the law or appear unobtrusively as a part of judicial reasoning.
 What do you mean by subjects of International Law? Can an Individual be a subject of International Law? If
so in what circumstances.
INTRODUCTION:-A subject of rules is a being upon which the rules confer rights, capacity and imposes duties
and responsibility. Generally it is the State who enters into treaties with each other and is thus bound by its
provisions. This does not however mean that other entities or individuals ar outside the scope of international law.
International law applies upon individuals and certain non-state entities in addition to states. In the modern era the
international law has expanded a lot. Now this law is applied besides States and individuals also.
THEORIS REGARDING SUBJECTS OF INTERNATIONAL LAW:- Following are the three main theories
prevalent in regard to the subjects of international law:-1. Only States are the subject-matters of I. Law:-Certain
jurists have expressed the view that only International law regulates the behaviour of states hence states are its
subject matters. Percy E.Corbett says, “The triumph of positivism in the late eighteenth century made the individual
an object not a subject of international law.
CRITCISM: - The jurists have bitterly criticised as this theory fails to explain the case of slaves and pirates. The
pirates are regarded enemy of humanity and they can be punished by the State for piracy. In international arena by
some ordinary treaties community of states have granted certain rights. But those jurists who say that states are the
only subject-matter of international law but are object of it. To say that individuals are not the subject but object of
the International law seems to be incorrect. Prof. Schwarzenberger, has aptly remarked that this view is
controversial. He asserts that he individual who is the base of the society is only an object of the I. Law is not
justified.
2. Only individual are the subjects of International law: - Just contrary to the above theory there are certain
jurists who have expressed the view that in the ultimate analysis of international law it will be evident that only
individuals are the subject of International Law. The main supporter of this theory is Professor Kelson. Before
keelson this view was expressed by Westlae, who opined, the duties and rights of the States are only the duties and
rights of men who compose them. Kelson has analysed the concept of State and according to him it is a legal
concept which as a mixture of legal rules applicable to all the people living in certain area hence the obligations of a
State in international law in the last resort are the duties of individuals of which state consists.
In fact there is no difference between international law and state law. In his view both laws apply on
the individuals and they are for the individuals. However he admits that the difference is only this that the state law
applies on individuals intermediately whereas international law applies upon the individuals mediately.
Criticism:-So far as logic is concerned the view of Kelson seems to be correct. An example is the Convention on
the settlement of invest Disputes between States and Nationals of the other states, 1965. By this treaty provision is
made to settle the disputes which arise by investment of capital by nationals of one state in other states. So it is clear
that the view of Kelsen that international law is made applicable through the medium of a State seems justified.
3. States individuals and certain non-state Entities are Subjects: - This view seems to be justified as against the
above views. In support of this, the following reasons may be advanced: - i) in modern times many treaties grants
rights and duties to individuals. ii) In case Danzing Railway PCIJ-1928, in case the State Parties of a treaty intended
to grant rights to individuals then International Law would recognise such rights and International Court will enforce
them. iii). Geneva Convention of Prisoners of War-1949 has also accorded certain rights o prisoners of war. iv)
According to Nuremberg Court since crimes against International Law are committed by individuals the provisions
of International Law can be enforced. vi) Genocide convention- 1948:- In the convention also individuals have been
assigned directly certain duties. By article 4 of this convention those individuals who commit international crime of
genocide should be punished whether they are public servants or ordinary person.
By the above description it is clear that only states are not subject matter of Internationals Law but in modern times
individuals international Institutions, Non-state entities minorities are also the subject-matter of International Law.
PLACE OF INDIVIDUALS IN INTERNATIONAL LAW: - As pointed out earlier individuals are also treated to
the subjects of international law although they enjoy lesser rights than states under international law. In the
beginning they were accepted as subjects of international law as an exception of the general rule and number of
jurists treated them as objects rather than the subject. In the recent times several treaties concluded wherein rights
have been conferred and duties have been imposed upon the individuals. Some of the provisions are as under:-
1. Pirates: Under I. Law pirates are treated as enemies of mankind. Hence every state is entitled to punish them.
2. Harmful acts of individuals: - For the amicable and cordial relation of the state it is necessary that the individuals
should not be involved in such acts as may prove detrimental for the good relations among states. A leading case ex
parte Petroff-1971, wherein two persons who were found guilty of throwing explosive substances on the Soviet
Chancery were convicted.
3. Foreigners: to some extent international law also regulates the conduct of the foreigners. According to international
law it is the duty of each state to give to them that right which it confers upon its own citizens.4.War criminals: can
 be punished under international law. 5. Under some treaties individuals have been conferred upon some rights
whereby they can claim compensation or damages.
4. 3. Discuss the basis and nature of International Law. Or
Whether the International Law is law in the proper sense of the term? Give reasons for your answer.
INTRODUCTION: - Austin in his definition of law has given more importance to sanction and fear in
compliance of law. In case of International law there is neither sanction nor fear for its compliance hence it is not
law in proper sense of the term. But now the concept has changed and International Law is considered as law. There
is no consideration of fear or sanction as essential part of law. If fear and sanction are considered necessary then
there are sufficient provisions in UNO charter for compliance of the International Law as Law :-
According to Bentham’s classic definition international law is a collection of rules governing relations between
states. Two of the most dynamic and vital elements of modern international law.
1. In its broadest sense, International law provides normative guidelines as well as methods, mechanisms, and a
common conceptual language to international actors i.e. primarily sovereign states but also increasingly international
organizations and some individuals.
2. Although international law is a legal order and not an ethical one it has been influenced significantly by ethical
principles and concerns, particularly in the sphere of human rights. International is distinct from international
comity, which comprises legally nonbinding practices adopted by states for reasons of courtesy. e.g. the saluting of
the flags of foreign warships at sea.)
INTERNATIONAL LAW AS REALLY LAW
According to Oppenheim, International Law is law in proper sense because:-
· In practice International Law is considered as law, therefore the states are bound to follow them not only from moral
point of view but from legal point of view also.
· When states violate international law then they do deny the existence of international law but they interpret them in
such a way so that they can prove their conduct is as per international law.
· Starke while accepting International Law as Law has said, “that in various communities law is in existence without
any sanction and legal force or fear and such law has got the same acceptance as the law framed and enacted by state
Legislative Assemblies.
· With the result of international treaties and conventions International Law is in existence.
· U.N.O. is based on the legality of International Law. According toProf.Briely, “To deny the existence and legal
character of International Law is not only inconvenient in practice but it is also against legal thoughts and
principles.”
· The states who are maintaining the international relations not only accept International Law as code of conduct but
has also accepted its legal sanction and force. Prof. Hart, “There are many rules in practice which are honoured by
states and they are also bund by them, now the State Government accept the existence of International
Law.” According to Jus Cojens, “International Law may now properly be regarded as a complete system.”
It is pertinent to mention here that from the above noted contents it is clear that the following grounds are
supportive for accepting the International Law as law:-
· Now so many disputes are settled not on the basis of moral arguments but on the basis of International Treaties,
precedents, opinions of specialists and conventions.
· States do not deny the existence of International Law. On the contrary they interpret International Law so to justify
their conduct.
· In some states like USA and UK international Law is treated as part of their own law. A leading case on the point is
the, Paqueta v/s Habanna-1900. Justice Gray observed that the international law is a part of our law and must be
administered by courts of justice.”
· As per statutes of the International Court of Justice, the international court of Justice has to decide disputes as are
submitted to it in accordance with International Law.
· International conventions and conferences also treat international Law as Law in its true sense.
· The United Nations is based on the true legality of International Law.
· That according to article 94 of UNO charter, the decisions of the International Court of Justice are binding on all
Parties (States).
· Customary rules of International Law are now being replaced by law making treaties and conventions. The bulk of
International Law comprises of rules laid down by various law-making treaties such as, Geneva and Hague
conventions.
On the basis of above mentioned facts and arguments, the International Law is law in true sense of the term. United
States and U.K., treat International Law as part of their law. In a case ofWest Rand Central Gold Mining
Company Ltd., v/s Kind- 1905, the court held the International Law has considered it as a part of their law. From
 the above analysis it is revealed that the International Law is law. The International Law is law but the question
arises as to what are the basis of International Law. There are two theories which support it as real law:-
1. Naturalist Theory:- The Jurists who adhere to this theory are of the view that International Law is a part of the Law
of the Nature. Starke has written, “States submitted to International Law because their relations were regulated by
higher law, the law of Nature of which International Law was but a part.” Law of nature was connected with
religion. It was regarded as the divine Law. Natural Laws are original and fundamental. They incorporate the will of
the Governor and governed and advance their consent or will. That is why international law is also based on natural
law.
Vattel Furfendorf, Christain, Thamasius, Vitona are the main supporters of this theory.It was viewed that
natural law is uncertain and doubtful but it is accepted that Natural Law has greatly influenced the growth and has
given the birth to International Law and its development. Most of its laws are framed from Natural Law.
2. Positivist Theory:- This theory is based on Positivism i.e. law which is in the fact as contrasted with law
which ought to be. The positivists base their views on the actual practice of the states. In their view customs and
treaties are the main sources of International Law. According to German economist, Heagal, “International Law
is the natural consent of states. Without the consent of states, no law can bind the states. This consent may be
express or implied.” As pointed out by Starke, “ International Law can in logic be reduced to a system of rules
depending for their validity only on the fact that state have consented to them.” As also pointed by Brierly, “The
doctrine of positivism teaches that International Law is the sum of rules by which states have consented to be
bound.” As said by Bynkeshock, “The basis of International Law is the natural consent of the states. Without the
consent of states no law can bind the states.”
The critics of the above views say that consent is not always necessary for all laws. There are some laws which are
binding on states irrespective of their consent e.g. Vienna Convention on the Law of Treaties. Article 36 of the
Treaty says that the provisions of the Treaty may be binding on third parties even if they have not consented to it.
CONCLUSION: - Gossil Hurst says, “That International Law is in fact binding on states, because they are states.”
This is very much correct because every state in the world wants peace, Law and order and that is possible only
through existence of International Law. Therefore it is in natural interest of States to accept the existence of
International Law.

2. International Law is the vanishing point of Jurisprudence. Explain.

INTRODUCTION:- Holland has remarked that International Law is the vanishing point of jurisprudence in his
view , rules of international law are followed by courtesy and hence they should not be kept in the category of law.
The international Law is not enacted by a sovereign King. It has also no sanctions for its enforcement which is the
essential element of municipal law. Holland further say that International Law ass the vanishing point of
Jurisprudence because in his view there is no judge or arbiter to decide International disputes and that the rules of
the I. Law are followed by States by courtesy.
Austin also subscribes to this view, Justice V.R.Krishna Iyerformally member of Indian Law Commission has
also remarked, “It is a sad truism that international law is still the vanishing point of jurisprudence. This view is not
correct. It is now generally agreed that Holland’s view that international law is the vanishing point of
jurisprudence is not correct.
But now it is well settled that International Law is law. It is true that International Law is not enacted by sovereign
and has no agency for its enforcement. But it is true that it is a weak law. A majority of International lawyers not
subscribe to this view is based on the proposition that there are no sanctions behind international Law are much
weaker than their counterparts in the municipal law, yet it cannot be successfully contended that there are no
sanctions at all behind international law.
The jurists who do-not consider international law as the vanishing point of jurisprudence say that there is difference
between state law and International Law. International Law cannot be enacted by the state but still there is agency
for its enforcement. According to Dias, “International Law is obeyed and complied with by the states because it is
in the interests of states themselves.”
For this object they give the following arguments:-
1. The judgements of International court of Justice are binding on States.
2. If any state does not honour the order/judgement of International court of justice, the Security Council may give its
recommendation against that state for action.
3. The judicial powers of International Court of justice (Voluntarily and compulsory) have been accepted by the States.
4. The judgement of International court of Justice has been followed till date.
5. The system of enforcement i.e. sanctions and fear, has been developed.
For example :- If there is a threat to international peace and security, under chapter VII of the U.N. Charter, the
security council can take necessary action to maintain or restore international peace and security. Besides this the
decisions of the International Court of Justice are final and binding upon the parties to a dispute.
The gulf war 1991 Iraq trespassed and acquired the whole territory of Quait in her possession by violation of
International Law. The Security Council passed a resolution against Iraq and asked her to liberate Quait. But Iraq
did not honour the resolution of Security Council; hence therefore may economic and political restrictions were
composed against Iraq. But all in vain. Then USA and her allies were permitted to compel Iraq to honour resolution
of Security Council. Consequently USA and her allies used force against Iraq and freed Quait.
The same action was taken against North Korea and Cango during the year l948 and 1961. The Security Council
imposed penalty against Libya for shooting down American Plane in Lockerbie (Scotland) in 1992, consequently
two citizens were also killed. The Security Council forced Libyan Government to surrender two terrorists who were
involved in this mishap and Libya obeyed the order of S. Council.
The greatest proof of its utility and importance is the fact that its successor the International Court of Justice
established under the United Nations charter is based on the Statute of the Permanent Court of International Justice,
the United Nations & Security Council Charter possess wide powers to declare sanctions against the states who are
guilty of violence of the provisions of the same under chapter-VII
Thus International Law is in fact a body of rules and principles which are considered to be binding by the members
of International Community in their intercourse with other. The legal character of International Law has also been
recognized in 1970 Declaration on the Principle of International Law Concerning Friendly relation and Cooperation
among states.
Conclusion:- On the basis of above discussion it may be concluded that the International Law is in fact law and it is
wrong to say that it the vanishing point of Jurisprudence.

3. Discuss the weaknesses of International Law. What are the suggestions for removing/improving the
International Law?
INTRODUCTION: - International Law is said to be a “weak Law.” The weaknesses of International Law become
evident when we compare it with Municipal Law. Its weaknesses reflected in most of cases when these are
compared with the state law. The following are some of the weaknesses of International Law:-
WEAKN ESSES
l. The greatest shortcoming of International Law is that it lacks an effective executive authority to enforce its
rues.
2. Lacks Of effective legislative machinery:- Since the International Laws are based on international treaties and
conventions. Therefore these are interpreted by the states according to their self interest.
3. The International court of Justice lacks compulsory jurisdiction in the true sense of the term :- The
International court of Justice which is situated in Hague (Netherland) is not authorised to take cases of all states. The
cases can be filed in this court with the mutual consent of concerned states.
4. Due lack of effective sanctions, rules of International Law are frequently violated:- There is no sense or fear
of sanction in the International Law with the results the laws are violated frequently by the States.
5. Lack in right to intervene in Internal Affairs :- As per article 2(7) of UNO Charter, UNO is not competent to
interfere in the domestic matters of states. International law cannot interfere in the domestic matters. Keeping in
view these facts in several cases International Law proves to be ineffective and weak.
6. UNCERTAINTY:- There is one more reason behind the weakness of International Law is its uncertainty. It is
not certain as the laws of states as well as Municipal law. In addition to this it has not been able to maintain
international peace and order.
It is now very much clear from the above facts that International Law is weak. Paton says that , “ from institutional
point of view International Law is a weak. It has no legislative support though there is international court of justice
but that functions or takes case on the basis of mutual consent of states. It has no power to get the decisions
implemented.”
According to Karbet, “The main course of weakness of International Law is the lack of social solidarity among
highly civilised states.
A case of Queen v/s Ken – 1876 :- There is no such institution or body which can enact laws for sovereign states
and there is no court also which can enforce its decision and to bind the states.”
SUGGESTIONS FOR IMPROVING INTERNATIONAL LAW
Despite the above mentioned weaknesses, it has to be noted that International Law is constantly developing and its
scope is expanding. It is a dynamic concept for it always endeavours to adopt itself to the needs of the day. As
 compared to Municipal Law the International Law is works in a decentralised system. This is because of the facts
that the International policies, Inter-dependence of states and the continuous growth of the concept of International
or world community. However the weaknesses of the International Law may be improved in following ways:-
l. The International Court of Justice should be given compulsory jurisdiction, in the true sense of term overall
international disputes.
2.An International Criminal Court should be established to adjudicate cases relating to international crimes.
3. International Laws should be properly codified.
4. The machinery to enforce the decisions of the International Court of Justice should be strengthened.
5. An International Police system should be established to check international crimes and to enforce the rules &
principles of International Law.
6. An international Bureau of Investigation and prosecution should be established for investigation of matters
relating to International crimes and the prosecution of International criminals.
7. The U.N.O. should be authorised to intervene in the internal matters of states.
8. For settlement of international disputes the use of judicial precedents must be encouraged.
9. There must be constant review of International Law.
10. Last but not the least there must be basic recognition of the interest which the whole international society has in
the observance of its laws.
CONCLUSION: - It is pertinent to mentioned here that the General Assembly of UNO should made fruitful
efforts in this direction. The above suggestions will make International Law equivalent to a Municipal Law to some
extent. With the growth of Internationalism and the feeling of universal brotherhood international aw will also
become effective and powerful.

1. International Law and Municipal Law are the same. Please discuss. Or
Discuss the various theories regarding relationship between International Law and Municipal Law.
INTRODUCTION: - Certain theories have been propounded to explain the relationship between International Law
and Municipal Law. In general it is notionally accepted that the state municipal law control the conduct of
individuals within the state while International Law controls the relations of nations. But now this concept has
altogether been changed and the scope of International Law has increased and it not only determines and controls
the relations of states but also the relations of members of International community. Both the laws have co-hesion
with each other and the relations between these two are more prominent. These theories have been put forward to
explain the relationship between International Law and State Law. Of all these theories as per following details, the
most popular are the Monism and dualism and they are diametrically opposed to each other:-
1. MONISTIC THEORY:-It is also known in the name of Monism theory. According to the exponents of this theory
International Law and Municipal Law are intimately connected with each other. International Law and Municipal
Law are the two branches of unified knowledge of law which are applicable to human community in some or the
other way. All Law are made for individuals. The difference is that municipal law is binding on individual while
International Law is binding on states. Conclusively it can be said that the root of all laws is individual.
According to Strake, “International Law is part of state Municipal Law and therefore decisions can be given by
Municipal courts according to the rules of International Law.”
According to O.Kornell, “The objective of all laws is human welfare whether it is state municipal law or
International Law.”
2. DUALISTIC THEORY: - In view of the dualistic theory writers, International Law and state Law are two separate
laws and contained legal systems. The Monist view of law is part of philosophy according to which totality is a
single structure. But within the framework of the unitary universe is diversity of phenomenon. International Law
cannot become part of state municipal Law till the principles of International Law are applied under State Municipal
Law.
According to Strake, “The main foundation of the proponents of dualistic theory is that state Municipal Law and
International Law are two different legal systems because the nature of International law is fundamentally different
from State Municipal Law.”
Angilotti has also recognised both the systems as two different legal systems. According to him the fundamental
principle of State Municipal Law in compliance of law enacted by state legislature while principle of International
Law is Pacta Sunt Servanda i.e. to honour the agreements executed between the states.”
The main basis of separation of these two systems is as follows:-
 · The main source of International Law is customs and treaties while in case of Municipal Law are an enactment by
sovereign power.
· International Law controls the relations between state while state law controls the relations between state and
individuals.
· The main cause of compliance of state law is fear of sanction while the basis of compliance of International Law is
the moral liability and vested interests of states.
3. THEORY OF SPECIFIC ADOPTION: - International Law cannot be directly enforced in the field of State
Law. In order to enforce it in the field of Municipal Law it is necessary to make its specific adoption. The theory of
adoption is based on Hague convention-1970, Vienna Convention-1972 and Tokyo Convention-1975. In case
of Jolly George v/s Bank of Cochin-1980: The court held that any agreement does not become part of Indian
constitution automatically, but the positive commitment of state parties inspires their legislative action.”
The use of International Law in different countries like India, Britain, America and Russia. The rules of
International Law and treads have been based in a different ways e.g.
· INDIAN ADOPTION :- The International Law has been given important place and mention the customary rules of
International Law in Article 51(6) of the Indian constitution with the following strive :
i) To increase international peace and security.
ii) To maintain just and good relations among states.
iii) To increase faith and honour for use of International Law treaty, obligations in natural relations and conduct of
organised people.
iv) To act as mediator to encourage for settlement of international dispute.
Some of the cases in this regard are : i) Shri Krishna Sharma v/s State of west Bengal-1964 : It was decided that
whenever the court interprets the domestic Municipal Law, it should be taken into consideration that it does not go
against International Law.
ii) Magan Bhai, Ishwar Bhai Patel v/s Union of India-1969:- Court accepted the implementation of Kutch
Agreement between India and Pakistan on the basis of correspondence between them. Similarly there are two other
case viz: Vishakha v/s State of Rajasthan-1997. And Apparel Export Promotion Council v/s A.K.Chopra-
1999: In both of the cases the court held that the right of sex equality of women has assumed the important rule of
International Law and its convention, court said that in cases of violation of human right the court should always
consider international documents and conventions and should make them binding.
British Adoption: In Britain International customs are treated as part of domestic law. British courts apply
international customs subject to the conditions (i) International customary rules are not inconsistent with British
Laws (ii) they are accepted by lower courts when the limit of these customary rules are fixed by High Court. For use
of treaties, the case of International Tin Council v/s Dep’t., of Trade and Industry-1900: the Lord Council decided
that in England treaties are not binding automatically. It is binding only when the Parliament makes it a part of
English Law and incorporates in Law by enactment of law in this regard.
Adoption in America: In America the courts interpret the state law in such a way that it does not go against
International Law. The rules of customary International Law are treated as part of State Law. It has been done in
the case of Paqueta Habana Case- 1900: It was held that International Law is part of our state Law and when any
question or case relating International Law is filed before courts of proper powers then the rights based on these
questions should be determined and enforced.
4. THEORY OF TRANSFORMATION:- The exponents of this theory contented that for the application of
International Law in the field of Municipal Law, the rules of international law have to undergo
transformation. Without transformation they cannot be applied in the field of Municipal Law.
According to Strake:- “That the rules of International Law can be applied when they are transformed in to
domestic law, is not necessary in every case.”
5.THEORY OF DELIGATION:- The theory of transformation has been criticised by the Jurists with the result of
this craterisation it put forward a new theory called Delegation theory. The supporters of this theory say that
according to the statutory rules of International Law, the powers have been delegated to the constitution of different
states o ensure that how and what extent according to International Law. States to determine as to how International
Law will become applicable in the field of Municipal Law in accordance with the procedure and system prevailing
in each state in accordance with its constitution.
CONCLUSION:- Last but not the least in a recent case namely, Chairman, Railway Board & others v/s Mrs.
Chandrima Das and others-2000: The supreme Court of India observed that the International Conventions and
Declarations as adopted by the United Nations have to be respected by all signatory states and meaning given to the
words in such declarations and covenants have to such as would help in effective implementation of those rights.
 UNIT-II
1. What do you understand by recognition? What are the various kinds of it? Also differentiate between de
facto and de jure recognition. Explain those situations when de facto become de jure recognition. What are
the disabilities of an unrecognised state?
INTRODUCTION: - It can be said that through recognition, the recognising state acknowledges that the
recognised state possesses the essential conditions of Statehood, a Government and Sovereignty, a definite territory
and has a complete control over his territory. The community is independent. So recognition has an important place
in International Law. By recognition only the state is accepted as a member of International community.
DEFINITION:- Many of the Jurists has define ‘Recognition’ in different ways. Some of them have opined as
under:
Prof.L.Oppenheim :- “In recognising a State as member of International community, the existing states declare
that in their opinion the new state fulfils the conditions of statehood as required by International Law.”
Fenwick: - “That through recognition the members of the International community formally acknowledge that the
new state has acquired international personality.”
In the words of Phillip C Jessup: - By recognition is such a function of a state by which she accepts that any
political unit contains the essential elements of nationality.”
According to Prof. Schwarzenberger:- “ Recognition can be absorbed easily by a procedure developing
International aw by which the state have accepted the negative sovereignty of each other and willing to develop their
legal relations on the basis of their natural relations.”
According to Kelson: “A community to be recognised as an International person must fulfil the following
conditions:-
i) The community must be politically organised.
ii) It should have control over a definite territory.
iii) This definite control should tend towards performance.
iv) The community thus constituted must be independent.
Thus the conditions of statehood are, People, a territory, a government and sovereignty.”
TYPES OF RECOGNITION
Recognition is of two types, De facto and de jure recognition. The practice of States shows that in first stage the
State generally give de facto recognition. Later on when they are satisfied that the recognised state is capable of
fulfilling International obligations, they confer de jure recognition on it, that is why sometimes it is said that de facto
recognition of state is a step towards de jure recognition. The detail of de facto and de jure recognition is as under:-
DE FACTO RECOGNITION: - According to Prof.G.Schwarzenberger:- “When a state wants to delay the de
jure recognition of any state, it may, in first stage grant de facto recognition.”
The reason for granting de facto recognition is that it is doubted that the state recognized may be stable or it
may be able and willing to fulfil its obligations under International Law. Besides this it is also possible that the
State recognised may refuse to solve its main problems.
De facto recognition means that the state recognized possesses the essentials elements of statehood and is fit
to be a subject of International Law.
According to Prof.L.Oppenheim :- “The de facto recognition of a State or government takes place when the said
State is free state and enjoys control over a certain fixed land but she is not enjoying the stability at a deserved level
and lacking the competence to bear the responsibility of International Law.”
For example :- De jure recognition had not been given to Russia by America and other countries for a long time
because Russia was not having competence and willingness to bear responsibility of International Law. The same
position was with China.
In view of the Judge Phillips C Jessup, “De facto recognition is a term which has been used without precision
when properly used to mean the recognition of the de facto character of a government; it is objectionable and indeed
could be identical with the practice suggested of extended recognition without resuming diplomatic relations.”
The de facto recognition is conditional and provisional. If the state to which De Facto recognition is being given is
not able to fulfil all conditions of recognition then that recognition is withdrawn.
DE JURE RECOGNITION
De jure recognition is granted when in the opinion of recognizing State, the recognized State or its Government
possesses all the essential requirements of statehood and it is capable of being a member of the International
Community.
 According to Prof.H.A.Smith :- “ The British practiced shows that three conditions precedent are required for the
grant of de jure recognition of a new State or a new Government. The three conditions are as under:-
i) A reasonable assurance of stability and performance.
ii) The government should command the general support of the population.
iii) It should be able and willing to fulfil its international obligations.
Further Recognition de jure results from an expressed declaration or from a positive act indicating clearly the
intention to grant this recognition such as the establishment of diplomatic relations.
According to Phillips Marshall Brown: - “De jure recognition is final and once given cannot be withdrawn, said
intention should be declared expressly and the willingness is expressed to establish political relations.”
DISTINCTION BETWEEN DE FACTO AND DE JURE RECOGNITION
As observed by Prof.G.Schwarznbeer, “De jure recognition is by nature provisional and may be made dependent
on conditions with which the new entity has to comply. It differs from de jure recognition in that there is not yet a
formal exchange of diplomatic representatives. De jure recognition is complete implying full and normal diplomatic
relations.”
De facto recognition De jure recognition

1. De facto recognition is conditional and De jure recognition is final.

Provisional.
2. If the conditions are not fulfilled by the
concerned state then it is withdrawn.
3. To maintain political relation in this
recognition is not necessary.
4. De facto recognition is the first step
towards de jure recognition.
De jure recognition cannot be withdrawn
once given it is final.
The willingness is to be expressed for
maintenance of political relations.
De jure recognition is the final step
towards recognition.

In Luther v/s Sagor-1921:- “It was held that there is no distinction between de facto and de jure recognition for the
purpose of giving effect to the internal acts of the recognized authority.”
Bank of Ethopia v/s National Bank of Egypt and Liquori- 1937:- The court held that in view of the fact that the
British government granted recognition to the Italian Government as being the de facto government of the area of
Abyssinia which was under Italian control, effect must be given to an Italian decree in Abyssinia dissolving the
plaintiff bank appointing liquidator.”
But in the case of Luther v/s Sagore-1921 the court held that as far as internal affairs of a state is concerned De
facto recognition is interim and it can be withdrawn.”
CONSEQUENCES OF RECOGNITION
There are many political and legal advantages of getting recognition and many disadvantages of not getting
recognition. They may be said as disabilities of a state of not getting recognition. The following are the advantages
of getting recognition and disadvantages of not getting recognition.
ADVANTAGES DISADVANTAGES
1. Can establish diplomatic and commercial The states who did not get such recognition cannot
relation with the states granting recognition. establish such relations.
2. Recognised states can institute a suit in the The state which does not get recognition cannot do
courts of states granting recognition. so.
3. Can institute suit relating to property situated in
the courts of state granting recognition. Unrecognised states cannot institute suit relating to
4. The representatives of recognised states are property.
entitled to enjoy diplomatic and political
communities in the territories of state granting such The representatives of unrecognised states cannot
recognition. enjoy such relations.
5. The recognised states can execute treaty
agreement with states granting such recognition.

The unrecognised states cannot sign any treaty

agreement with any states.
 CONCLUSION
Recognition of any state means, that state become a member of International community and acquires International
entity. The state becomes entitled to all rights and special rights as a member of the International community. In the
absence of recognition any state cannot establish her diplomatic and political relations with any states and also
unable to sign any treaty agreement with any state.

2. Define intervention? Under what circumstances intervention by one state in the affairs of another state
considered justified.
INTRODUCTION: - Intervention in fact principally prohibited under the provisions of International
Law. According to International Law no state has the right to intervene in the affairs of another state for the purpose
of maintaining or altering the actual condition of thing. All members shall retrain 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. So in this way when any state interferes in the internal
and external affairs of other state, then as per International Law, it becomes a matter of intervention.
DEFINITION OF INTERVENTION: - In simple words intervention means to interfere directly or indirectly by
one or more states in the internal or external affairs of another state.
Prof.L.Oppenheim : “Intervention is dictatorial interference by a state in the affairs of another state or the purpose
of maintaining or altering the actual condition of things. Interference pure and simple is no intervention.” Hans
Kelson pointed out that, “International Law does not prohibit intervention in all circumstances. He further says that
when one state intervenes in the affairs of another state through force, then as a reaction against this violation
International Law permits intervention.”
TYPES OF INTERVENTIONS:- It can be accessed from the above view of different Jurists regarding types of
intervention that there are so many types of Interventions. However some of them are as under:-
1. Military interference: It is done with military force.2. Political Interference: is done by giving threatening
information.3. Dictatorial Interference: Is done in threatening tone.4. Interference without right: It is done without
any purpose & right. 5. Internal Interference: is done in interfering in the internal affairs. 6. External Interference: It
is also done in interfering in external affairs. 7. Penal Intervention; 8. Subversive Intervention: is done by another
state through exciting the people against the state.9. Economic Intervention: is done by creating obstacles in the
trade.
BASES OF INTERVENTION: - It is very much pertinent to mention here that what is the basis of doing of
intervention and what type of interventions are valid under UNO Charter. However the following have been
considered as the main basis of intervention:-
i. On the basis of self defence ii) On the basis of humanity iii) for application of treaty rights iv) to stop illegal
intervention v) to maintain balance of power vi) to protect individuals and their property vii) collective
intervention viii) to protect International Law ix) at the time internal war.
All above basis of intervention have been recognised by the UNO except the followings :- i) for application of treaty
rights. ii) to stop illegal intervention iii) to maintain balance of power IV) to protect individuals and their
property. V) to protect International Law.
Despite all these the following types of intervention are in use and recognised:-
i) Intervention for self defence and self protection: - Self defence and self protection is main traditional basis of
intervention. The intervention for self defence is rather limited as compared to that self protection. Oppenhein says
that the use of power of intervention should have been made when it becomes necessary for self protection.” A
famous case, The Caroline-1841: In this case Mr. Webster declared that the necessity of self defence should be
instant overwhelming and leaving no choice of means and no moment for deliberation. Art. 51 of UN Charter
provide that the right of intervention is still available. Under this the state has the right to individual and collectively
protection. But this right is available only when: - i.There has been attack on any state. ii) No step has been taken by
the Security Council for international peace and security.
1. Intervention on the basis of humanity:- Every person on this earth has a right to live with human dignity. The
state cannot devoid her of this right. It the state behaves her citizens with cruelty then it is violation of International
Law of human rights. The action for intervention by UNO can be taken only in case when the degree of violation of
human rights is such that if created danger for maintenance of International peace and security. The best example of
such intervention is by UNO in 1991 in Iraq for the protection of Kurds.
2. Collective Intervention:- In Chapter 7 of UNO Charter the Security Council is empowered to take action of
collective intervention. The collective intervention means just and legal base of Modern times. UNO can intervene
for maintenance of world peace and security and to stop or avoid attack on the following conditions:-
i) When there is actual danger or possibility of danger for international peace and security. ii) Actual attack has been
made by the concerned state.
The use of such right was made by UNO in Korea in 1950, Kango in 1961 and Iraq in 1991. 3. Intervention in case
of internal war:- When in any state there is possibilities of Internal war, the intervention is considered as legal and
just basis because there are strong apprehensions of breach of International peace. Under this situation the Security
Council can decision to take collective action under Chapter 7 of UNO Charter. The action taken by UNO in
1961 in Kango is the best example of intervention. This action was taken to stop internal
war. CONCLUSION: - It is absolutely fact that every state is entitled to manage willingly her own internal and
external affairs and does not like interfere of another state. Similarly it is also the duty of the other state not to
interfere in the internal and external affairs of any state. International Law also like this. The main motto of the
Security Council is maintaining peace in all the member states.
6. Detail note on Acquisition and loss of territory.
INTRODUCTION:-The act of appropriation by a State by which it internationally acquires sovereignty over such
territory as it is at the time not under the sovereignty of another state. Further it is therefore an original mode or
acquisition is that the sovereignty is not derived from another State. Occupation can only take place by and for a
State. The leading case on the point is Island of Palmas Arbitrations, as regards the sovereignty over the Island
of Palmas there was a dispute between America and Netherlands.
The following are the modes of acquisition of territory: In International Law a territory may be acquired by the
following means:-
1. Occupation: - Oppenheim said that, “Occupation is such an action by which any State may obtain
sovereignty on that territory over which there is no sovereignty of any other state.” According to Starke,
“Occupation consists in establishing sovereignty over a territory not under the authority of any other State, whether
newly discovered or an un-likely case abandoned by the State formerly in control.”
To decide whether on a territory occupation of a particular state exists or not, it is seen whether that State has an
effective authority and control over that territory or not. A leading case on this topic Island of Palmas Arbitration,
AJIl-1928.
2. Accretion:-A territory by accretion may be obtained by a State. Sometimes by natural calamities also a
territory comes within the jurisdiction of a State through the same was previously a portion of another State. For this
here is no need of any formal action or declaration.
3. Prescription: - By prescription a territory comes within a State when by continuous occupation and
control of that territory for a long time creates a vested authority in the controlling State and by passage of time that
State becomes the actual and real sovereign over that territory. Reference, J.G.Strake Introduction to
International Law-1989.
4. Cession: - By cession also a territory comes within the authority of a State. The cession may occur as a
result of a war through pressure or it may be voluntary. The Cession will be valid only when the sovereignty over
the territory is transferred from one state to another with the territory. while in accretion only one party may act.
Under article 368 Parliament may make a law to give effect to an implement the agreement in question covering
Cession of a part of Berubari Union NO.12 as well as some of the Cooch-Behar Enclaves.
5. Conquest: When a state gets victory over the other State then the sovereignty over the conquered state is
not established only by victory. For sovereignty it is necessary that the victor State establishes an effective authority
over the territory of the conquered state through annexation. The importance of this means is more or less extinct
because of the Charter of the U.N.O. by which intervention of one state on the affairs of another is prohibited.
6. Lease: - The territory may also be acquired through lease. A state may give its territory o another state
under lease for a certain period. For the said certain period some rights of sovereignty are transferred to another. A
good example of this type of lease is transfer of certain Islands on lease by Malta to Great Britain for some years.
Recently India had also leased three Bigha to Bangladesh. Case Union of India v/s Sukumar Sengupta-1990,
it was held that the concessions given to Bangladesh over the said area amounted to servitude.
7. Pledge:-Sometimes there arise certain circumstances under which a State becomes compelled to pledge a
part of its territory in return of some amount of money for which it is in dire need. In this case also a part of
sovereignty over the territory concerned is transferred. For example in 1768 the Republic of Geneva had pledged
the Island of Corsica to France.
8. Plebiscite:-Some writers of the view that through plebiscite also new State may be acquired. Although in
International Law there is no such rule but some modern writers have expressed the view that by plebiscite also a
 new territory can be acquired by a State. An example to this concern is of West Irian, Netherland and Indonesia
both had put their claims on the territory of West Irian. UNO decided for voting of the residents of west Irian.
Irians voted in favour of Indonesia. Now Irian is a part of the Indonesia. Example of Kashmir, Govt. Of india have
taken the position that since the merger of J&K with India several elections have taken place and the people have
voted.
9. Through Independence obtaining of territorial sovereignty:-those States which were colonies after
attaining independence get sovereignty over the territory which consisted within the colonial setup. The difficulty in
this context is that nationality and sovereignty in the concerned colonial territory comes only after it attains
independence.
Mode of loss of State Territory:-1.According to Oppenheim, “A territory of a State is lost through cession means
if one state gets some territory the same territory is lost by the other state. 2. National Calamity: By operation of
nature also sometimes territory of a state is lost e.g. floods, by volcanic events. 3.Defeat in War: if by conquering a
State gets some territory the same is lost by the defeated state. 4. Prescription: by occupation of a territory for a
long time state gets that territory through prescription. Original States loses that very territory by prescription. 5.
Revolution: through revolution a new state comes into being so it may be said that the state against which revolt
occurred had lost its territory in the shape of a new state. Example: Netherland revolted against Spain. & in
1971Bangladesh was born by revolution. 6. Dereliction:- When any state abandons a territory completely or relaxes
its authority over it then it loses that territory. In history there are lesser examples of this kind.

7. Short notes on Non State entities or State Succession.

INTRODUCTION: - State is the main subject of International Law and it is very difficult to define the term State.
In principle all States are equal and this equality is due to their international personality. All states as international
persons are equal. According to Oppenheim when any question is to be decided by consent each state is entitled to
have one vote. Several efforts have been made to formulate and codify rights and duties of States. Declaration of
Rights and Duties of Nations proclaimed by the American Institute of International Law.
Different kinds of Non State entities:- Here are some different kinds of Non-State entities:-
1. Confederation: - It is formed by independent States. Under International Law confederation has no international
personality. The aim and objective of confederation is to establish a sort of co-ordination among the States.
2. Federal State:- Generally a federal state is formed by the merger of two or more than two sovereign states. Under
international law a federal state is an international person. In a Federal State generally there is a division of powers
between the central authority and states through a contribution. The main difference between a confederation and a
Federal State is that while the Federal State in an International person under international law and Confederation is
not an international person.
3. Condominium:- When two or more states exercise rights over a territory it is called condominium. It exists when
over a particular territory joint dominion is exercised by two or more external powers. New Hebrides is a good
example of a condominium. Both England and France exercised control and had rights over the territory of New
Hebrides between 1914 &1980.
4. Vassal States:-A state which is under the suzerainty of another State is called a Vassal State. Its independence is so
restricted that it has no importance under international law. According to Starke, “Vassal State is one which is
completely under the suzerainty of another State. Internationally its independence is so restricted as scarcely to exist
at all.”
5. Protectorate State: - Starke, “Although not completely independent a Protectorate State may enjoy a sufficient
measure of sovereignty to claim jurisdictional immunity in the territory of another state. In the Lonian Ship Case-
1855: the court held that a State may remain international person even though it is dependent upon some other State.
KINDS OF STATE SUCCESSION:- State succession is of two types:-
i) Universal succession ii) Partial succession.
If the legal identity of a community is completely destroyed there is said to be a total succession of
States. If the territory is lost while personality and legal responsibility remain unimpaired the process is described as
partial succession. This does not imply a total or partial succession respectively to the legal relation of the previous
sovereign but is merely an abbreviated way of defining the extent of the change.
The following are the different kinds of state succession:-
 1. Universal Succession: - i) Universal succession occurs when one state occupies or annexes the State completely or
amalgamates fully whether voluntarily or through winning of war.
ii) When a state is divided into two or more parts or limits and every such unit becomes a separate international
entity or a state.
2. Partial Succession: - i) Partial succession occurs when any portion of a state revolts and separates itself and attains
independence and becomes an international person or state.Example of Bangladesh who revolted against
Pakistan and became independent separate state is a good illustration of partial succession.
ii) Or when a state gets some portion of another state through Cession.
iii) When a sovereign state amalgamates itself with some Union of States and loses some portion of its independence or
comes within the sovereignty or protection of any other state.

8. State Jurisdiction. What are the exemptions to the territorial Jurisdiction of state?
INTRODUCTION:-State jurisdiction is the power of a state under international Law to govern persons and
property by its municipal law. It includes both the power to prescribe rules and the power to enforce them. The rules
of State jurisdiction identity the persons and the property within the permissible range of a state’s law and its
procedures for enforcing the law. A State may regulate its jurisdiction by legislation through its courts or by taking
executive or administrative action. Thus the jurisdiction of a State is not always a co-incident with its territory Case
of KTMS Abdul Cader and others v/s Union of India-1977, the court held that act has no extra-territorial
application and hence the State government has no power under the Act to pass orders of detention against persons
who at the time when the orders were made were not within India but were out-side its territorial limits.
STATE JURISDICTION
In general every State has exclusive jurisdiction within its own territory but this jurisdiction is not absolute because
it is subject to certain limitations imposed by international law. Thus in practice it is not always necessary that a
State may exercise jurisdiction in its territory on the other hand in some circumstances may exercise jurisdiction
outside its territory. Though the relationship between jurisdiction and sovereignty is close jurisdiction is not co-
extensive with State Sovereignty. Each state has normally jurisdiction over all persons and things within its territory.
Illustration:-A French armed public ship flying the flag of France was in the British territorial waters when M, the
Cabin boy of the ship committed the offence of murder by shooting dead D the captain of ship. Both M &D were
British nationals. During the trial that took place that the British courts had no jurisdiction to try him for the murder
committed on board a French cruiser flying French flag. The defence cannot succeed because he theory that the
pubic ship of a state should be treated to be a floating portion of that state has long been discarded. Secondly the
offence was committed within the territory of Britain. Thirdly seeking good office of British police and medical aid
amounted to a waiver of the immunity. Thus M could be tried by British court.
EXEMPTION TO THE TERRITORIAL JURISDICTION
There are some exceptions of the exercise of jurisdiction which definitely recognizes the protective jurisdiction of
one state to deal with foreign nationals acting in their country against its security and integrity:-
1. DIPLOMATIC AGENTS:- Diplomatic agents enjoy certain privileges and immunities. They are immune from the
jurisdiction of the civil and criminal courts of the receiving State. In this connection the old view was tha the
diplomatic agents enjoy these immunities and privileges because they were deemed to be outside the jurisdiction of
receiving State. In the present time this theory has been discarded. Modern view diplomatic agents enjoy certain
immunities and privileges because of the special functions they perform. This was affirmed in a case Ex-parte
Petroff-1971 by the Supreme Court of Australia.
2. Foreign Embassies: - Foreign embassies are often considered to be outside the jurisdiction of the State in which they
are situated. For sake of convenience embassies are to be treated a part of their home States. The correct view
however is that though not part of their home States embassies enjoys certain immunities because of the special
functions performed by the diplomatic agents.
3. Foreign Sovereigns:-Foreign sovereigns are often treated to be outside the jurisdiction of other states and possess
many privileges and immunities. In the case of Christina-1938, Lord Wright observed that there are general
principles of International Law according to which a sovereign state is held to be immune from the jurisdiction of
another sovereign State.
 The principle of immunity of immunity of Foreign Sovereign was developed in the early years of the
nineteenth century. In the case of the Schooner Exchange v/s McFaddon-1812, A French Naval Vessel stayed in
Philadelphia for repairs after a storm. Some persons sought possession of the ship on the ground that in reality the
ship Schooner Exchange. An American ship which they owned and was seized by French on the High Seas in
1810 in pursuance of a Napoleonic Decree. The U.S. Govt. however requested the court to refuse jurisdiction on the
ground of sovereign immunity. Court held that the vessel was exempt from U.S. Jurisdiction.
The jurisdiction of the nation within its own territory is necessary exclusive and absolute. It is susceptible of
no limitation not imposed by it. In another case of Vavasseur v/s Krupp-1878, the plaintiff contended that the
Japanese Govt., has violated his patent rights and therefore he demanded that the delivery of the goods by it be
stopped. But the court had that it had no jurisdiction over the property of the foreign sovereigns more especially with
what we call the public property of the State of which he is sovereign.

UNIT-III
9. what is Nationality? What are the various modes of acquiring and losing nationality? Is there any
difference between nationality and citizenship in India?
INTRODUCTION:- Starke, “Nationality has been defined as the status of membership of the collectively of
individual whose acts decision and policy are vouch safed through the legal concept of the State representing these
individuals.”
Prof. Oppenheim, “Nationality of an individual the quality of being a subject of a certain State and therefore its
citizens.”
Fenwick:-“Nationality is such a bond which binds an individual with a state and makes him a member of that
specific State and provides for right of protection from that State with an obligation to abide the laws promulgated
by that State,”
Kelson:- “Citizenship or Nationality is the status of an individual who is legally an member of a state and
ornamentally he can be called a member of that community.”
IMPORTANCE OF NATIONALITY: - i) The right of protection of diplomatic representatives are available
because of nationality.
ii) If any state does not restrain a person of its nationality from such disadvantageous action which are affecting
other States then the fist State shall be responsible to other states for such actions of its nationals.
iii) Ordinarily states do not refuse to accept its nationals in extradition.
iv) One of the effects of the nationality is that the state has a right to refuse extradition of own national.
vi) By the practice of many States, at the time of war the Enemy character is determined on the basis of nationality.
MODES OF ACQUISITION OF NATIONALITY:- According to International Law nationality can be obtained
by following means :-
1. By Birth: - In the country in which a person is born he obtains the nationality of that country by birth or at the time
of birth person gets the same nationality which his parents are having.
2. By Naturalization: - By naturalization also nationality can be obtained. When an alien living in a country obtains
the nationality of that country it is called naturalization. In Nottebohm case-1955, it was held that a State has no
obligation in granting nationality to a person through naturalization if that person has no relations with that state.
The court propounded the real and effective nationality doctrine. If any person obtains nationality of two states then
in case of controversy between the two nationalities the nationality of that state shall be accepted with which the
person fundamentally has real and effective relationship.
3. By Resumption:-Sometimes it so happens that a person may lose his nationality because of certain reasons
subsequently he may resume his nationality after fulfilling certain conditions.
4. By Subjugation:-When a State is defeated or conquered all the citizens acquire the nationality of the conquering
State.
5. Cession:-When a state has been ceded in another State all the people of the territory acquire nationality of the State
in which their territory has been merged.
LOSS OF NATIONALITY
1. By Release:-In some states there are such legal provisions are available by which they grant permission to release
their nationals from its nationality. For this type of release an application is necessary. If the application for release
is accepted then the applicant is released from the nationality of that state.
 2. By Deprivation:-Often in many states such legal provisions are available by which if a national of that state
enters into service of another state without the permission of home state. He would loss nationality.
3. By long residence abroad:- The loss of nationality may take place on the ground that the individual stayed
abroad beyond a certain time limit. Many states have such type of legal provisions which terminates the nationality
for the stay of beyond limit.
4.By Renunciation:- It may also be the cause of loss of nationality, when a person is having nationality of two or
more states, he has to choose the nationality of one & has to renounce the nationality of other state.
5. By Substitution:-In some states the nationality is terminated by substitution. A person gets nationality of one
state in place of other states.
DIFFERNCE BETWEEN NATIONALITY & CITIZENSHIP
NATIONALITY CITIZENSHIP

The legal relationship which exists between the nation & Denotes the relations between the person and the state
Individual. law.

Through Nationality the civil & natural rights of a The rights of citizenship are the sole concern of state
person may come. law.
All citizens may possess the nationality of a particular
state.

A person who possesses only nationality in a particular It is not necessary that all the nationals may be the
state may not possess all political rights. citizens of that particular state
Citizens are those persons who possess full political
rights in the state.

10. What do you mean by Treaty? How it is signed and what is the procedure of ratification.
INTRODUCTION:-In the modern period International treaties have been the first and foremost source of
international law. Whenever an international court has to decide an international dispute its first endeavour is to find
out whether there is an international treaty on the point or not. In case there is an international treaty governing the
matter under dispute the decision of the court is based on the provisions of the treaty. International treaties occupy
the same significant position in the field of international law as the legislation occupies in the municipal law.
DEFINITION OF TREATY: - International treaty is an agreement between two or more states under the
international law to create mutual relationships. According to Oppenheim, “International treaties are those
agreements between the states which are of contractual nature and produce legal rights and obligations.”
According to Starke, “Usually in all cases, the purpose of treaties is to create binding nature of obligations on the
parties to the treaties.”
According to Vienna Convention on treaties-1969, “Treaties and contracts are document under which two or more
states under international law establish or try to establish their relations.”
CLASSIFICATION OF TREATIES:- One of famous jurist Mc Nair has classified treaties in the following
manner:-
1. Treaties having the character of conveyance.
2. Treaty contracts.
3. Law making treaties: a) Treaties creating constitutional law just as charter of ICJ. b) Pure law making treaties e.g.
labour conventions negotiated by ILO.
4. Treaties akin to charter of incorporation e.g. treaty by which International Posta Union -1874 came into existence.
5. Vattel has classified treaties into four categories i.e. equal, unequal, real and personal.
6. Prof.Oppenheim has classified the treaties into two categories:-
1. Law making treaties. 2. Treaties made for other purposes.
HOW THE TREATIES ARE SIGNED
FORMULATION OF TREATIES: - For making the treaty of binding nature, the following conditions are to be
fulfilled:
1. Accreditation of persons on behalf of contracting parties:- The intending parties of treaties should appoint
persons as their representatives to negotiate on their behalf authoritatively for arriving at terms and conditions of a
treaty.
2. Negotiations and adoption:- After due negotiations the terms and conditions of a treaty are clunched and for its
adoption a decision is made by both the parties.
3. Signature: - The representatives sign on each and every terms of a treaty to make it enforceable. A treaty becomes
enforceable against a party only after the signature of the party or its representative is obtained on the treaty papers.
4. Accession and Adhesion: - The practices of the States show that by the process of accession and adhesion a state
which is not a party to a treaty may become a party to it by signing it afterwards.
5. Enforcement of a treaty:- Usually the enforcement of a treaty depends and begins according to the terms and
provisions as laid down in the treaty itself. Many treaties commence after the signature is affixed by the authorised
person while those which need ratification by the other states in certain number begin after the required number of
states have ratified. The general rule of International Law is that a treaty is enforceable against the parties only
which have entered and signed a treaty.
6. Registration & Publication:- It is necessary after the treaty comes into force, it may be got registered and
published. Under the provisions of article 102 of UNO charter. If it is not registered with the UNO that in case of
any dispute comes into existence for its settlement through the organs of UNO the treaty which is not registered
cannot be referred to for the settlement of that dispute.
7. Basis of binding force of the International treaties:-According to Angilotti, “Binding force of International treaty
gains its binding force.
PROCEDURE OF RATIFICATION:- Ratification is a very important processes ordinarily the terms and
conditions of a treaty. Treaty does not become enforceable without ratification. The President of a State or Chief of
the Govt. Ratify the signatures of its representatives who negotiated for arriving at the agreed terms and conditions
of a treaty.

11. What do you understand from the term of Extradition? Is it different from Asylum? Difference between
Extra Territorial & territorial Asylum.
INTRODUCTION: - Each State exercises complete jurisdiction over all the persons within its territory. But
sometimes there may be cases when a person after committing crime runs away to another country. In such a
situation the country affected finds itself helpless to exercise jurisdiction to punish the guilty person. This situation
is undoubtedly very detrimental for peace and order. There is a social need to punish such criminals and in order to
fulfil this social necessity the principle of extradition has been recognised.
Meaning & Definition of Extradition:- Extradition is 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.
According to Starke, “The term extradition denotes the process whereby under treaty or upon a basis of reciprocity
one state surrenders to another at its request a person accused or convicted of a criminal offence committed against
the laws of the requesting state.
According to Grotius:- “It is the duty of each state either to punish the criminals or to return them to the States
where they have committed crime.”
Under International Law extradition is mostly a matter of bilateral treaty. In principle each state considers it a right
to give asylum to a foreign national, thus there is no universal rule of customary international law in existence
imposing the duty of extradition. Afamous case Music director Nadeem who was accused of the murder of
Gulshan kumar. Nadeem fled to Britain. Lack of providing sufficient evidence England refused to extradite Nadeem.
IS EXTRADITION IS DIFFERENT FROM ASYLUM
There is a great difference in between extradition and Asylum. Extradition means delivery of an accused or a
convicted individual to the state on whose territory he is alleged to have committed or have been convicted of
a crime whereas inAsylum the active protection extended to a political refugeefrom another state by a state
which admits him on his request.

DIFFERENCE BETWEEN EXTRA TERRITORIAL & TERRITORIAL ASYLUM:- In the asylum case
Colombia v/s Peris- ICJ-1950.
 Extra territorial Asylum Territorial Asylum

In case of diplomatic asylum the refugee is within the The refugee is within the territory of the state of refuge
territory of the state where the offence was committed.

Grant of diplomatic asylum involves a derogation from Territorial asylum is granted by a State in its own
the sovereignty of that state. territory.

It withdraws the offender from the jurisdiction of the

territorial state and constitutes an intervention in matters Every state has right in the exercise of its sovereignty to
which are exclusively within the competency of the admit into the territory such persons as it deems
state. advisable without exercising the Declaration of Asylum.

Grant of extra territorial asylum is rather a derogation The grant of territorial asylum is an incident of territorial
from the sovereignty. sovereignty itself.

Right to grant extra-territorial asylum is exceptional and Each state has a plenary right to grant territorial asylum
must be established in each case. unless it has accepted some particular restriction in this
regard.

12. What are the different classes of Diplomatic Agents? Describe briefly their privileges & Immunities.
INTRODUCTION: - During the Ramayana and Mahabharata period some aspects of International Law were in
their developed stage. Examples of international law relating to diplomatic agents may be cited in this connection.
The permanent appointment of diplomatic envoys began from the seventeenth centaury. The rights, duties,
immunities and privileges etc., of the diplomatic in 18 th. &19th. Centaury was mostly in the term of customary rules.
The first great landmark was the Congress of Vienna in 1815, wherein the customary law regarding diplomatic
agents was clarified and codified. The contents of Vienna Convention were adopted finally in 1961. The Indian
Parliament passed the Diplomatic Relations on the basis of Vienna Convention-1972 to give effect to this
convention. This law relating to the diplomatic and consular affairs remains the strongest section of International
Law. DIFFERENT CLASSES OF DIPLOMATIC AGENTS:-The diplomatic agents have been classified
according to their status and functions. The first classification of diplomatic agent was made in the Congress of
Vienna in- 1815 under which diplomatic agents were classified under the following categories:-
1.Ambassadors and Legates:-These are the first category of diplomatic agents and are the complete representatives
of the sovereignty states. Their designation is Ambassadors or Permanent Representatives of their respective
countries of U.N. They are appointed by POP.
2.Ministers Pleni-potentiary and Envoys extraordinary:- Are the diplomatic agents of second category and as
compared to the diplomatic agents of the first category. They enjoy less privileges and immunities.
3.Charge-d affairs: - They are the diplomatic agents of the last category. The main reason for this is that they are
not appointed by the head of State but are appointed by the Foreign Minister of the State. Their status is considered
below the Minister Resident.
4.Minister Resident: - In the congress of Aix-la-Chappele-1818, this category was added at category No.3, but it
was again dropped by 1961 Convention.
PRIVIEGES & IMMUNITIES OF DIPLOMATIC AGENS:-As observed by the International Court of Justice
on 15.12.79 in a case of United States Diplomatic and Consular Staff in Tehran: For enabling states irrespective of
their differing constitutional and social systems to achieve mutual understanding. One of the pillars of modern
International Law is the diplomatic immunities of the Ambassadors. However the following are the immunities and
privileges of the diplomatic agents:-
1. Inviolability of the person as envoys: - The diplomatic agents are extended personal safety and security. If an
envoy is attacked it is deemed that attack was on the country to which the envoy is belonging.
2. Immunity from criminal jurisdiction of the court: - The courts of the state where the envoy is posted do not
treat the envoys within its criminal jurisdiction. It ordinarily believed that envoys will not violate the laws of the
host country. But there are certain circumstances when the envoys lose their immunity for example when they
indulge in conspiracy against the host state.
3. Immunity from civil jurisdiction:- the envoys also enjoy the immunities of civil nature also no suit is filed in the
civil court of the host state against envoys. As per Vienna convention three exceptions when immunity is not
 available: i) for any immovable property within the jurisdiction of host state he has. ii) in a matter of inheritance
where the envoy is a successor or executor in his personal capacity. iii) The commercial activities of the envoy in
personal capacity.
4. Immunity regarding residence:-His premises are inviolable and no search is allowed in his residence. If any
person intrudes the premises of envoy to avoid arrest, it is the duty of envoy to deliver such person to the host
government to decide.
5. Immunity from presence in a court as a witness:- Any envoy cannot be compelled to give an evidence in any
Court but he himself can waive this privilege and appear before a court.
6. Immunity from Taxes:-Vienna convention provides this immunity to envoys for payment of local taxes. But
water, electricity, telephones etc. not included.
a. Right to worship:-Within the premises of their embassy, envoys are free to follow according to their choice the
mode of worship. B)Right to exercise jurisdiction over the staff and family in the embassy:- Envoys are free to
exercise their jurisdiction over the subordinate staff & family in the Embassy to keep the embassy going on.
c. Right to travel freely in the territory of receiving state:-Vienna convention has provided a new right to envoys,
they can travel freely within the territory of host state and go anywhere.
d. Freedom of communication for official purposes:- Vienna convention-1961 the envoys have freedom to
communicate with his own state in context to their official work.
e. Immunity from Military and other local obligations :- Vienna convention granted the immunity to envoys from
military and other local obligations of the host state. BASIS OF IMMUNITIES AND PRIVILEGES OF
DIPLOMATIC AGENTS:- Theory of extra territoriality: - According to Grotius diplomatic agents though
physically present upon the soil of the country to which they are accredited. It is justified base when they are treated
to remain for all purposes upon the soil of the country to which they represent. Functional Theory: - the reasons for
granting privileges and immunities to the diplomatic agents are that they perform special type of functions that is
why they are called functional and in modern times this theory is accepted as correct.

UNIT-IV
13: Discuss the various compulsive means of settlement of International disputes. OR write notes on
Retorsion, Reprisal as compulsive means of settlement of International disputes.
Introduction:- The primary purpose of the United Nation is that there should be complete peace and security in all
the members of UNO. First of all to seek a solution by negotiation, enquiry, mediation, conciliation, arbitration,
judicial settlement or other peaceful means of their own choice. In the other meaning when it deems necessary call
upon the parties to settle their dispute by such mean which shall be convenient to them. Compulsive or coercive
means of settlement of International disputes are as under:-
1. Retorsion:- Retorsion is the technical term for retaliation. If any state behaves in unequal or in courteous way with
the other State, then the other state under the International Law gets the right of retorsion. In this way the meaning
of Retorsion is retaliation. But in connection with Retorsion the State can initiate only that proceeding which is
permitted by the International Law. For example in retorsion the diplomatice channels can be terminated and
immunities and privileges of the diplomat can be withdrawn together with the existing economic subsidies. In the
past Pakistan declared the diplomat of Iraq as persona non grata and that diplomat had to leave Pakistan. Pakistan
took this action because in the Embassy of Iraq a lot of arms and ammunition was stored.
2. Reprisal:- If the problem is not solved by Retorsion the States have the right under the International Law to resort to
Reprisal that is, in Retaliation the state can initiate such a proceeding that violator of the problem may be solved.
The reprisal can be resorted against a State when it has indulged in some illegal or inappropriate activity. For
example Israel has resorted to Reprisal many times against Lebnon and has bombarded those regions of Lebnon
where from Arab Terrorists attacked on the territories of Israel. The members of UN cannot indulge in Reprisals of
such a type which endangers the international peace and security. It is commonly accepted that Reprisal becomes
justified and legal when the other country has committed an international tort or violated the norms of International
Law. In the provocative action and Reprisal there must be adequate proportion i.e. in proportion to the violation, the
damage should be caused. The Reprisal is valid only when demand for reparation was made and this was not
fulfilled.
3. Embargo:- Embargo is also a kind of Reprisal. If the ship belongs to a State which has committed international tort
or has committed some other international wrong and is available in the territorial waters of the State against which
tort or wrong has been committed then such vessels can be restrained from travelling through that area as a matter of
right by the other State.
 4. Pacific Blockade: - By this method the outer boundary of a State is blocked peacefully. It is resorted during the
peace time against a State. The coming and going ship is stopped. By blockade of Ports of a country compelled that
state to solve the problem.
5. Intervention: - Under article 2(4) of the U.N. Charter, the principle of non-intervention in the internal affairs of a
State has been propounded. But according to Kelson, he has asserted that International Law does not prohibit
intervention in all circumstances, meaning thereby that in certain circumstances intervention is valid and legal.

14. Explain the purpose and principles of United Nation. How for United Nation has been successful in
achieving its object?
INTRODUCTION:-In the 20th. Century two world wars of highly destructive nature were fought. After the First
World War the league of Nation was established. The main objects of the League of Nations were established and
maintain world peace and security. The League of Nations failed in its mission. The large scale destructive effects
of the second World War forced the Nations of the world once again to establish some institution of International
Statute which may solve peacefully the disputes amongst them and establish peace and security world over. On
26th.anuary, 1945 at Sanfransisco different Nations buttressed the establishment of U.N.O. and after it’s the
membership of the UNO increased substantially and now it stands at 192.
PURPOSES OF UNO: - The purposes and objects for which the UNO has been established are laid down in Article
1 of the Charter:-
1. To maintain international peace and security:- In the preamble of the charter it is resolved to save the succeeding
generations from the scourge of war and be united to achieve these ends. To achieve the target the Organisation shall
prevent or remove threat to the peace, breach of peace and acts of aggression by taking effective and collective
measures. The international problems were to be solved by peaceful means under the norms provided in the
International Law and canons of justice.
2. To develop friendly relations among nations:- The friendship should be prosper on the basis of respect for the
norms of equal rights and equality in self determination of people. So this thought which developed friendly
relations & universal peace among the nations was set-up by UNO.
3. For removal of social, economic, cultural and human problems soliciting of international co-operation:- In the
preamble of the charter of UNO it has been resolved to energize the International machinery for the development of
economic and social status of the people. A belief is to b developed in promoting and encouraging the respect for
human rights and fundamental freedom for all without distinction to race, sex, language or religion.
4. To make the UN an International Centre for harmonization:- The general purpose of UNO has to be made a
centre for co-ordination of activities executed by different nations in this regards to avoid clashes in choosing
priority, the UNO is to harmonise the different activities of different nations to achieve the main purpose.
PRINCIPLES OF UNO:- There are following principles of UNO:-
1. Principle of sovereign equality: - Principle of Sovereign Equality means that all the members of UNO are equal in
the eye of International Law. No discrimination in dealings with them is permitted.
2. Principle of honouring of obligations:- Being member of UNO, they enjoy certain rights and benefits. Members are
required to fulfil in good faith the obligations assured by them in accordance with the Charter of UNO.
3. All nations shall settle their disputes through the principals of peaceful settlement:-All the international disputes
are to be settled by peaceful means with the results that peace and security and justice of any region may not
endanger.
4. Principle of non-use of force:-All members of UNO should refrain from the use of force or threat of force against
the territorial integrity or political independence of any State.
5. Principle of assistance to the UNO:-It is the essential duty of every members of UNO to support and assist to take
action against the State who is not following the UNO charter.
6. Principle for non-member States: - As provided in Art.2 of UNO charter that the States which are not members of
UN, act in accordance with the principles of UN for maintaining international peace and security.
7. Principle of non-interference in domestic affairs of a state: - Art.2 (7) provides that the UN shall not intervene in
the matters which are essentially within the domestic jurisdiction of any State or to compel any members to submit
such matters settlement.
If all the above principles are faithfully followed by all the members of UNO, than there will be no doubt at all that
this path will lead to World Peace and the sayings of Kelson that UNO is World Government will remain in
existence.
HOW FOR U.N. HAS BEEN SUCCESSFUL IN ACHIEVING ITS OBJECTS
The United Nation has performed important functions in the social, economic and cultural fields as well as in the
fields of human rights. Besides this Uniting for Peace Resolution. There has been constant development of the
powers and functions of UN. United Nations has become the symbol of democratisation in the world.
Public opinion is an important factor which comes into play in the new international law. The Gulf
War-1991 and the breaking up of the Soviet Union are likely to bring about the revolutionary changes in the U.N. in
the present Uni-polar world (United State as the super power), majority of the member-State are now demanding
democratization of the world body. Un-doubtly the United Nations has achieved its objects in maintaining the peace,
security and canons of justice at the International Level.

15. Short notes on i) Neutrality ii) Blockade.

INTRODUCTION: - The term neutrality has been derived from the Latin word ‘Neuter’ which means impartiality.
In wider sense by neutrality which can be means an attitude of impartiality adopted by the States who do not take
part in the war. Ordinarily by neutral States it may be presumed that states which try to keep themselves aloof from
the war of their neighbours. Neutrality is the attitude of impartiality adopted by third States towards the belligerents
and recognized by belligerents. Such attitude creating rights and duties between the impartial States and belligerents.
DEFINITION: - According to JG Strake, “Neutrality denotes the attitude of a state which is not at war with
belligerents and does not participate in hostilities. In its technical sense however it is more than an attitude denotes a
legal status or a special nature involving a complex of rights and duties and privileges at International Law which
must be respected.
According to Lawrence: Neutrality is the status of such States which do not participate in war and maintain their
relations with belligerents. Lawrence has emphasized only on the point that neutrality is such a position of a state by
which they do not participate in a war and maintain their peaceful transactions and journey with belligerents.
ESSENTIAL ELEMENTS OF NEUTRALITY:-Impartial Attitude:-states who do not takes part in war and
remain impartial. Impartiality is an important element of Neutrality.
Recognition of the attitude of impartiality by the belligerent States: - Impartiality of Neutrality State is accepted
or recognized by the belligerents
Emergence of certain rights and duties because of impartial attitude and its recognition by the belligerents.
Development of the law of Neutrality:-During 18th.Century it began to accept that the countries which do not
participate in war have a right to remain impartial. During 19 th.Century Law of Neutrality get more development and
credit for this goes to America.
Rational basis of Neutrality: - Neutrality usually because of the following reasons:
1. It helps in limiting the area of war. 2. It discourages war. 3. Because of it the States keep themselves aloof from
the war. 4. It regulates the international relations.
Provisions regarding Neutrality in the Charter of UNO:-1. The right to commence a was suspended. 2. Wars
which are fought even without violating the conventions/treaties entered into the charter of UNO or where there is
lack of no war treaty then the member States have freedom to solve matters of disputes either by enquiry through
Security Council.3. If any States begins a war after the violation of Art.12 to 15 of the UN Charter then such war
shall be deemed to be a war against all the members of States of the UNO.
BLOCKADE
DEFINITION:-According to JG Strake, blockade occurs when a belligerent bars access to the enemy coast or part
of it for purpose of preventing ingress or egress of vessels or air-crafts of all Nations.” And according to
Oppenheim, “It is blocking men of war of the approach to the enemy coast or part of it for the purpose of
preventing ingress and egress of vessels or aircrafts of any nations.” The law as to blockade represents a further
restriction on the freedom of neutral States as to trade with belligerents.
Essential elements of Blockade:-i) It should be done by men of war. ii) The part of coast or whole coast of the
enemy can be blockade. iii) The ingress and egress of the ships should be prevented through blockade. iv) Blockade
is an act of war. v)Blockade should be such that no discrimination is made between the ships of different countries.
Besides the above elements the additional necessary elements are also to follow :- i) Declaration and
Notification ii) Geographical limits of the blockade area: It is essential to clarify the areas where the blockade
will operate and vessels and aircrafts shall be prohibited from entering. iii) Exemption to neutral parts: Neutral
ports should be exempted from blockade. iv) Impartiality: There should not be any discrimination with the vessels
of any Nation; the vessels should stop impartially by the country which has imposed blockade. v) Effectiveness: For
making blockade binding it is necessary that it should be effective. For effectiveness it is essential to utilize the force
and such measures which are fit for stopping the ingress and egress of the vessels.
TERMINATION OF BLOCKADE: The blockade comes to an end in the following:-
1. By termination of war.
2. The country which has imposed blockade can itself terminate it.
3. When the blockade is continuously violated and it does not remain effective then it is understood that blockade
has terminated.
4. The blockading State captures and occupies the blockaded coast or port.
5. When blockading forces are vanquished by the enemy forces.
6. When the military vessels blockading area leave the blockaded coast it is understood that blockade has ended.

16. State briefly the rules of Land and Aerial warfare.

INTRODUCTION: - The law of war consist of the limits set by International Law within which the force required
to over-power the enemy may be used and the principles there under governing the treatment of individual in the
course of war and armed conflict. The objective of the rules of war is not to govern the war or regulate it as rules of
games.
Law of Land Warfare:-The Hague Convention-1907 is a landmark in respect of rules of land warfare. Hague
convention clarified the status of belligerent states and clarified the distinction between combatants and non-
combatants. According to it the persons in the regular army having specific regiment number etc., are lawful
combatants. Besides this is the guerrilla’s volunteer’s corps etc., may also be included in the category of combatants
provided they fulfil the following three conditions:-
1. They serve under a definite and specific authority. 2. They have specific emblem which may be recognised from
distance. 3. The conduct was in accordance with the rules and customs of war.
Prohibited Means in Land Warfare:-War is contest between Armed forces of two or more States wherein force
can be used within certain limits laid down by Laws and Customs of war. International customs, treaties have
prohibited certain means in land warfare. Hague Convention- 1907, the use of poisonous weapons, gas, pollute,
food material, poison water, projectiles which cause unnecessary sufferings and pain etc., have been prohibited and
it will also violation of the laws and customs of war. During land war undefended cities, villages cannot be attacked
or destroyed. Killing of wounded and sick persons of the armed forces during war has also been prohibited.
However they can be made prisoners of war. Ruses of War or Stratagem : It is a permitted way during land
warfare. By ruses of war or stratagem we mean that for the attainment of its military objectives a belligerent State
can misguide or mislead the enemy. According to modern concept of war, war is not only the test of physical
strength but also intelligence provided under article 24 of Hague Convention.Deceit:- Ruses of war are permitted
but in Deceit which is different from stratagem is contrary to International Law. For example, according to Hague
Convention, unauthorised use of flag or emblem of the armed forces has been prohibited. Flag of peace or emblem
of red- cross cannot be used to deceive the enemy.ESPIONAGE:- The position of Espionage is very peculiar. On
one hand I.Law recognises espionage during land war and on the other hand it also recognised the punishment can
be awarded to those who are caught or apprehended while spying. Hague Regulation-1907 has defined ‘spy’ as one
who under false pretences obtain information. True spy acting in disguise or under the pretences is himself
responsible.
LAWS OF AERIAL WARFARE
INTRODUCTION: - In the modern times the importance of aerial warfare has greatly increased. Aircrafts were
used in large scale for the first time during the First World War. Since the First World War he aircrafts have been
used in all the major wars that formulation of definite rules of International Law to regulate their use during war.
Bombing by aircrafts causes excessive loss of public and private property. In order to regulate use of aerial warfare
many conferences have been called for from time to time and many rules have been formulated.
LAWS OF AERIALWARFARE: - Brussels Conference of 1874: laid down the following rules/laws: 1.
Bombardments on undefended cities, villages and towns was prohibited. 2. Bombing of buildings and works relating
to art, science, religion and culture and philanthropic works was prohibited. 3. It was also laid down that the
buildings of public utility should not be destroyed during aerial warfare.4. Bombing on hospitals etc., was
completely prohibited. Hague Convention- 1899, approved the rules formulated in Brussels Conference, 1874 and
also laid down the following additional rules: - 1.Bombing on civilian people and their property without just and
appropriate cause was prohibited. 2. Bombardment for the realisation of money or things was declared illegal. 3.
Bombardment of those cities and villages which are away from the war areas was also prohibited. 4. It was also laid
down that bombardment should be made only for the achievement of military objectives.
Washington Conference-1922: The use of aircrafts during the First World War had made it clear that the rules of
aerial warfare formulated so far were not in conformity with the changing facts and circumstances. In order to
amend these rules and to frame certain rules a conference was called in Washington in 1922:-1.Aiming of private
 aircrafts with weapons for self-defence was prohibited. 2. Bombardment to frighten civilian population was
prohibited.3.villages and towns and buildings which are unconnected with or are away from war areas should not be
destroyed. 4. Building connected with religion culture or the philanthropic works cannot be destroyed. 5. Hospitals
and other places where the patients are treated cannot be destroyed.
Further the main object of The Hague Air warfare Rules was to propose a legal regulation of the special problems
raised air warfare.
· Aerial Bombardment is legitimate only when directed at military objectives.
· Belligerent non-military aircraft can be fired upon unless they make the nearest available landing on the approach of
enemy military aircraft.
· Aerial bombardment for the purpose of terrorising the civilian population of destroying or damaging private
property not of military character of injuring non-combatants is prohibited.

Unit-V
Intervention
DEFINITION OF INTERVENTION: - In simple words intervention means to interfere directly or indirectly by
one or more states in the internal or external affairs of another state.
Prof.L.Oppenheim : “Intervention is dictatorial interference by a state in the affairs of another state or the purpose
of maintaining or altering the actual condition of things. Interference pure and simple is no intervention.” Hans
Kelson pointed out that, “International Law does not prohibit intervention in all circumstances. He further says that
when one state intervenes in the affairs of another state through force, then as a reaction against this violation
International Law permits intervention.”
TYPES OF INTERVENTIONS:- It can be accessed from the above view of different Jurists regarding types of
intervention that there are so many types of Interventions. However some of them are as under:-
1. Military interference: It is done with military force.2. Political Interference: is done by giving threatening
information.3. Dictatorial Interference: Is done in threatening tone.4. Interference without right: It is done without
any purpose & right. 5. Internal Interference: is done in interfering in the internal affairs. 6. External Interference: It
is also done in interfering in external affairs. 7. Penal Intervention; 8. Subversive Intervention: is done by another
state through exciting the people against the state.9. Economic Intervention: is done by creating obstacles in the
trade.
BASES OF INTERVENTION: - It is very much pertinent to mention here that what is the basis of doing of
intervention and what type of interventions are valid under UNO Charter. However the following have been
considered as the main basis of intervention: - i. On the basis of self defence ii) On the basis of humanity iii) for
application of treaty rights IV) to stop illegal intervention v) to maintain balance of power vi) to protect individuals
and their property vii) collective intervention viii) to protect International Law ix) at the time internal war. All
above basis of intervention have been recognised by the UNO except the followings :- i) for application of treaty
rights. ii) to stop illegal intervention iii) to maintain balance of power IV) to protect individuals and their
property. V) To protect International Law.

Relation between International Law and Municipal Law.

There are certain theories have been propounded to explain the relationship between International Law and
Municipal Law. In general it is notionally accepted that the state municipal law control the conduct of individuals
within the state while International Law controls the relations of nations. But now this concept has altogether been
changed and the scope of International Law has increased and it not only determines and controls the relations of
states but also the relations of members of International community. Both the laws have co-hesion with each other
and the relations between these two are more prominent. These theories have been put forward to explain the
relationship between International Law and State Law. Of all these theories as per following details, the most
popular are the Monism and dualism and they are diametrically opposed to each other:-
1. MONISTIC THEORY:-It is also known in the name of Monism theory. According to the exponents of this theory
International Law and Municipal Law are intimately connected with each other. International Law and Municipal
Law are the two branches of unified knowledge of law which are applicable to human community in some or the
 other way. All Law are made for individuals. The difference is that municipal law is binding on individual while
International Law is binding on states. Conclusively it can be said that the root of all laws is individual.
According to Strake, “International Law is part of state Municipal Law and therefore decisions can be given by
Municipal courts according to the rules of International Law.”
According to O.Kornell, “The objective of all laws is human welfare whether it is state municipal law or
International Law.”
2. DUALISTIC THEORY: - In view of the dualistic theory writers, International Law and state Law are two separate
laws and contained legal systems. The Monist view of law is part of philosophy according to which totality is a
single structure. But within the framework of the unitary universe is diversity of phenomenon. International Law
cannot become part of state municipal Law till the principles of International Law are applied under State Municipal
Law.
According to Strake, “The main foundation of the proponents of dualistic theory is that state Municipal Law and
International Law are two different legal systems because the nature of International law is fundamentally different
from State Municipal Law.”
Angilotti has also recognised both the systems as two different legal systems. According to him the fundamental
principle of State Municipal Law in compliance of law enacted by state legislature while principle of International
Law is Pacta Sunt Servanda i.e. to honour the agreements executed between the states.”

De-Facto- RECOGNITION
Recognition are two types, 1. De facto 2. de jure recognition.
The practice of States shows that in first stage the State generally give de facto recognition. Later on when
they are satisfied that the recognised state is capable of fulfilling International obligations, they confer de jure
recognition on it, that is why sometimes it is said that de facto recognition of state is a step towards de jure
recognition. The detail of de facto and de jure recognition is as under:-
DE FACTO RECOGNITION:- Prof. G. Schwarzenberger:- “When a state wants to delay the de jure recognition
of any state, it may, in first stage grant de facto recognition.”
The reason for granting de facto recognition is that it is doubted that the state recognized may be stable or it
may be able and willing to fulfil its obligations under International Law. Besides this it is also possible that the
State recognised may refuse to solve its main problems.
De facto recognition means that the state recognized possesses the essentials elements of statehood and is fit
to be a subject of International Law.
According to Prof.L.Oppenheim :- “The de facto recognition of a State or government takes place when the said
State is free state and enjoys control over a certain fixed land but she is not enjoying the stability at a deserved level
and lacking the competence to bear the responsibility of International Law.”
For example: - De jure recognition had not been given to Russia by America and other countries for a long time
because Russia was not having competence and willingness to bear responsibility of International Law. The same
position was with China.
In view of the Judge Phillips C Jessup, “De facto recognition is a term which has been used without precision
when properly used to mean the recognition of the de facto character of a government; it is objectionable and indeed
could be identical with the practice suggested of extended recognition without resuming diplomatic relations.”
The de facto recognition is conditional and provisional. If the state to which De Facto recognition is being given is
not able to fulfil all conditions of recognition then that recognition is withdrawn.

STATE JURISDICTION
State jurisdiction is the power of a state under international Law to govern persons and property by its municipal
law. It includes both the power to prescribe rules and the power to enforce them. The rules of State jurisdiction
identity the persons and the property within the permissible range of a state’s law and its procedures for enforcing
the law. A State may regulate its jurisdiction by legislation through its courts or by taking executive or
administrative action. Thus the jurisdiction of a State is not always a co-incident with its territory Case of KTMS
Abdul Cader and others v/s Union of India-1977, the court held that act has no extra-territorial application and
hence the State government has no power under the Act to pass orders of detention against persons who at the time
when the orders were made were not within India but were out-side its territorial limits.
STATE JURISDICTION
In general every State has exclusive jurisdiction within its own territory but this jurisdiction is not absolute because
it is subject to certain limitations imposed by international law. Thus in practice it is not always necessary that a
 State may exercise jurisdiction in its territory on the other hand in some circumstances may exercise jurisdiction
outside its territory. Though the relationship between jurisdiction and sovereignty is close jurisdiction is not co-
extensive with State Sovereignty. Each state has normally jurisdiction over all persons and things within its territory.
Illustration:-A French armed public ship flying the flag of France was in the British territorial waters when M, the
Cabin boy of the ship committed the offence of murder by shooting dead D the captain of ship. Both M &D were
British nationals. During the trial that took place that the British courts had no jurisdiction to try him for the murder
committed on board a French cruiser flying French flag. The defence cannot succeed because he theory that the
pubic ship of a state should be treated to be a floating portion of that state has long been discarded. Secondly the
offence was committed within the territory of Britain. Thirdly seeking good office of British police and medical aid
amounted to a waiver of the immunity. Thus M could be tried by British court.
The jurisdiction of the nation within its own territory is necessary exclusive and absolute. It is susceptible of no
limitation not imposed by it. In another case of Vavasseur v/s Krupp-1878, the plaintiff contended that the
Japanese Govt., has violated his patent rights and therefore he demanded that the delivery of the goods by it be
stopped. But the court had that it had no jurisdiction over the property of the foreign sovereigns more especially with
what we call the public property of the State of which he is sovereign.

DIPLOMATIC AGENTS
During the Ramayana and Mahabharata period some aspects of International Law were in their developed stage.
Examples of international law relating to diplomatic agents may be cited in this connection. The permanent
appointment of diplomatic envoys began from the seventeenth centaury. The rights, duties, immunities and
privileges etc., of the diplomatic in 18th. & 19th. Centaury was mostly in the term of customary rules. The first great
landmark was the Congress of Vienna in 1815, wherein the customary law regarding diplomatic agents was clarified
and codified. The contents of Vienna Convention were adopted finally in 1961. The Indian Parliament passed the
Diplomatic Relations on the basis of Vienna Convention-1972 to give effect to this convention. This law relating to
the diplomatic and consular affairs remains the strongest section of International Law. DIFFERENT CLASSES
OF DIPLOMATIC AGENTS:-The diplomatic agents have been classified according to their status and functions.
The first classification of diplomatic agent was made in the Congress of Vienna in- 1815 under which diplomatic
agents were classified under the following categories:-
1. Ambassadors and Legates:-These are the first category of diplomatic agents and are the complete
representatives of the sovereignty states. Their designation is Ambassadors or Permanent Representatives of their
respective countries of U.N. They are appointed by POP.
2. Ministers Pleni-potentiary and Envoys extraordinary:- Are the diplomatic agents of second category and as
compared to the diplomatic agents of the first category. They enjoy less privileges and immunities.
3. Charge-d affairs: - They are the diplomatic agents of the last category. The main reason for this is that they are
not appointed by the head of State but are appointed by the Foreign Minister of the State. Their status is considered
below the Minister Resident.
4. Minister Resident: - In the congress of Aix-la-Chappele-1818, this category was added at category No.3, but it
was again dropped by 1961 Convention.
PRIVIEGES & IMMUNITIES OF DIPLOMATIC AGENS:-As observed by the International Court of Justice
on 15.12.79 in a case of United States Diplomatic and Consular Staff in Tehran: For enabling states irrespective of
their differing constitutional and social systems to achieve mutual understanding. One of the pillars of modern
International Law is the diplomatic immunities of the Ambassadors. However the following are the
immunities and privileges of the diplomatic agents:-
1. Inviolability of the person as envoys: - The diplomatic agents are extended personal safety and security. If an envoy
is attacked it is deemed that attack was on the country to which the envoy is belonging.
2. 2. Immunity from criminal jurisdiction of the court:- The courts of the state where the envoy is posted do not treat
the envoys within its criminal jurisdiction.

DEFINE TREATY& ITS RATIFICATION

In case there is an international treaty governing the matter under dispute the decision of the court is based on the
provisions of the treaty. International treaties occupy the same significant position in the field of international law as
the legislation occupies in the municipal law.
DEFINITION OF TREATY: - International treaty is an agreement between two or more states under the
international law to create mutual relationships. According to Oppenheim, “International treaties are those
agreements between the states which are of contractual nature and produce legal rights and obligations.”
 According to Starke, “Usually in all cases, the purpose of treaties is to create binding nature of obligations on the
parties to the treaties.”
According to Vienna Convention on treaties-1969, “Treaties and contracts are document under which two or more
states under international law establish or try to establish their relations.”
CLASSIFICATION OF TREATIES:- One of famous jurist Mc Nair has classified treaties in the following
manner:-
1. Treaties having the character of conveyance.
2. Treaty contracts.
3. Law making treaties: a) Treaties creating constitutional law just as charter of ICJ. b) Pure law making treaties e.g.
labour conventions negotiated by ILO.
4. Treaties akin to charter of incorporation e.g. treaty by which International Posta Union -1874 came into existence.
5. Vattel has classified treaties into four categories i.e. equal, unequal, real and personal.
6. Prof.Oppenheim has classified the treaties into two categories:-
2. Law making treaties. 2. Treaties made for other purposes.
HOW THE TREATIES ARE SIGNED
FORMULATION OF TREATIES: - For making the treaty of binding nature, the following conditions are to be
fulfilled:
1. Accreditation of persons on behalf of contracting parties:- The intending parties of treaties should appoint
persons as their representatives to negotiate on their behalf authoritatively for arriving at terms and conditions of a
treaty.
2. Negotiations and adoption:- After due negotiations the terms and conditions of a treaty are clunched and for its
adoption a decision is made by both the parties.
PROCEDURE OF RATIFICATION

Ratification is a very important processes ordinarily the terms and conditions of a treaty. Treaty does not become
enforceable without ratification. The President of a State or Chief of the Govt. Ratify the signatures of its
representatives who negotiated for arriving at the agreed terms and conditions of a treaty.