PUBLIC INTERNATIONAL LAW 

09-07-2019 
→ 1901 - permanent court of arbitration established - 2 hague conferences - 1899 and 
1907  
→ establishment of permanent CIJ under the League of Nations - 1921  
→ ILO - 1919 ,League of Nations - 1920 UN formed in 1945  
→ International law commission set up in 1947 
International Organisations expanded their jurisdictions gradually , Geneva Conference 
on the Law of the Sea, Vienna Conference on Diplomatic Relations - 1961 , Vienna 
Convention on Consular Relations - 1963, Vienna Conference on the Law of the 
treaties - 1968-9 , Law of the Sea Conventions - 1973, 1984 
UDHR - 1948 , ECHR - 1950, ICCPR - 1966, ICESCR - 1966  
These conventions and conferences added to the substance of International Law in the 
modern sense.  
Difference between ​convention = covenant/ conference​- meeting convened for 
member countries, where a draft declaration is made. After its ratification it becomes a 
convention  
UDHR was later adopted as a covenant - Cold War - Civil and political rights were 
considered by Capitalist countries to be of utmost importance in contrast to the 
Communist countries, which found economic, social and cultural rights to be 
necessities.  
Holland - “Intl Law is a vanishing point of jurisprudence.” 
Malcolm Shaw - “Intl Law is a product of its environment.” 
Scope of Intl Law has widened- Regulation of Space expeditions, Ocean, Protection of 
Human Rights, International financial system, preservation of peace  
Contingent circumstances have forced changes in International Law  
Difference between public and private International Law - Priv. those cases that deal 
with elements foreign to the legal system 
Priv. Intl. Law - deals with those cases within particular legal systems in which there is a 
foreign element raising a question as to the application of foreign law or the role of 
foreign courts  
The need for Pr. I L - jurisprudence and legal systems are varied across the world  
 Public International Law / Law of  Private International Law / Conflict of 
Nations  Laws  
1. Governs relations between  1. It is designed to regulate disputes 
sovereign states and regulates the  of private nature. One of the 
intercourse of foreign states   parties may be a foreign state 
   
2. Common law of mankind,  2. Part of the municipal law of each 
common to all nations  state 
   
3. Based on the principle of comity  3. Comes into existence because of 
  different municipal legal systems 
   with conflicting rules 
4. Deals with questions relating to  4. Questions relating to contracts, 
international peace and security  place , jurisdiction, tort etc.  
 
 
 
Municipal law and International Law  
2 theories - discussing the relationship between the municipal and international law  
Monism - international law forms a part of the nation’s laws (part of one single legal 
system) and Dualism - international and municipal law are exclusive  
How is international law applied to a particular nation  
 
Dualist theory - Hegel, Anzilotti, Heinrich Tripel  
The legal system of a nation has to accept and adopt the principles of international law - 
enacting such legislation as required.  
 
Article 253 of the Constitution - ​Notwithstanding anything in the foregoing 
provisions of this Chapter, Parliament has the power to make any law for the 
whole or any part of the territory of India for implementing any treaty, 
agreement or convention with any other country or countries or any decision 
made at any international conference, association or other body 
 
 
Sources and subjects of International law and municipal law are distinct  
Pacta sunt servanda - agreements must be kept - Hans Kelsen - main proponent of 
monism  
 
Rousseau - coordination of both systems - each legal system is supreme in their sphere  
 
British Practice - customary rules of international law, rules laid down by treaties 
Piracy jure gentium - customary international law (part of their legal system - ought not 
to be in conflict with the domestic laws)  
Treaties require enabling statutes  
 
Jus cogens - accepted law 
American Practice - customary international law - similar to the UK - self - executing 
(does not require the legislature's intervention) and non self - executing (Not Binding 
on US Courts until municipal legislation is enacted - Article 6 Cl. 2 [“​This 
Constitution, and the Laws of the United States which shall be made in Pursuance 
thereof; and all Treaties made, or which shall be made, under the Authority of the 
United States, shall be the supreme Law of the Land; and the Judges in every State shall 
be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary 
notwithstanding.”​]) 
Treaties sometimes require ratification and sometimes don’t.  
 
GoI has power to enter into treaties - A. 246, 253, read with Entry 14 of List 1  
 
Jolly George v. Bank of Cochin 
Maganbhai Patel_________​1969 SC
Vishaka v. State of Rajasthan 
DK Basu 
 
Brief Tangent on International Law being sneaked into Indian Law by the Judiciary  
 
International Law   Municipal Law 
 Subject are States  Subjects are Individuals 
Will of States  Will of Particular State 
Sources are Customs of several states and  Sources are customs within the State + 
law-making treaties  legislation 
Between Sovereign States  Law of Sovereign over Citizens 
Only with Consent  Strong Enforcement Measures 
 
Human rights act, 1993 - Section 2 clause (e) - definition of human rights  
 
Case Laws: 
● Paquete Habana Case 
● Alabama Claims Case 
https://history.state.gov/milestones/1861-1865/alabama 
● Lotus Case 
● Columbia Peru Asylum Case 
● Scotia Case 
● Right of passage over Indian territory case 
 
Theories as to the basis of International law 
● Positivism  
Maximum support for this theory - Law is a command of the sovereign - John 
Austin - 1790 - 1859 - State is a metaphysical reality - it has a value and 
significance of its own  
International law is only a code of rules of moral/ethical conduct. Law is ideally 
issued by a determinate sovereign - Municipal law is superior  
Positive international morality  
 
Criticism:  
Customary international law - every state practices the same  
Hegel - state is superior not international law. The community of states is purely 
anarchic. The state has a particular will it is the ultimate authority  
 ● By accepting international law, there is a restriction imposed on the 
state’s sovereignty - Auto limitation theory  
Anzillotti and Vattel - proponents - ​states were independent, and free agents, 
and accordingly they could be bound by their own consent. There was no 
authority in existence able theoretically or practically to impose rules among the 
various member states. This approach found its extreme expression in the theory 
of auto limitation, or self limitation which declared that states could only be 
obliged to comply with international legal rules if they had first agreed to be 
obliged.  
 
● Consent theory ​- supported by positivists - Oppenheim - According to 
Oppenheim “common consent” is the basis of international law as a legal system. 
The common consent to internationally valid rules regarding important matters 
such as international civil aviation, the use of international water bodies is a 
necessity. This common consent cannot mean that all states must at all times 
expressly consent to every part of the body of rules constituting international 
law, since such common consent can never be established. 
 
● Naturalism  
Middle ages - church - dominant - center of life in Europe - controlled science 
and education - theology most important - protestants challenged the church's 
role - natural law philosophy - product of clash - natural law present earlier in 
greece etc. but it was revived in the medieval period  
 
Hugo Grotius , Thomas hobbes, Samuel Pufendorf , Christian Wolf 
John Locke and Montesquieu  
Jean-Jacques Rousseau  
 
Inborn sociability in human beings which enabled them to live peacefully in society - 
according to the law of nature - acc to naturalists - body of rules nature has dictated to 
humans - the simple laws that are unsaid but understood because of the reasoning 
power inherent in man  
 
Intl. Law - a small part of law of nature - everybody is equal - no state is greater than the 
other  
Criticism - 
Moralistic system - no sanction   
No predominance of laws  
No interest in the realities of international intercourse  
 
● Will of the state  
● Pacta sunt servanda  
 
The concept known by the Latin formula pacta sunt servanda (“agreements must be 
kept”) is arguably the oldest principle of international law. Without such a rule, no 
international agreement would be binding or enforceable. Pacta sunt servanda is 
directly referred to in many international agreements governing treaties, including the 
Vienna Convention on the Law of Treaties (1969), which concerns treaties between 
states, and the Vienna Convention on the Law of Treaties Between States and 
International Organizations or Between International Organizations (1986). 
 
Sources of International Law 
 
According to​ Stark​: Customs, Treaties, Judicial or Arbitral Decisions, Juristic Works, 
Decisions of Organs of International Institutions. 
 
Oppenheim:​Custom, Treaties, General Principles of International Law (Jus Cogens), 
Decisions of Tribunals, Writings of Authors, Equity, Decisions made by International 
Organisations, International Comity and Morality. 
 
Under Article 38​, International Court Justice, has to look into the following sources 
to resolve disputes : International Treaties, International Customs, GEneral PRinciples 
of Law. Subject to Article 59 Judicial Decisions and Teachings of Jurists. 
Article 59: T
​ he decision of the Court has no binding force except between the
parties and in respect of that particular case.  
 
Customs: 
For the longest time it was Customary International Law that governed International 
Politics. Usages are general practices that do not reflect a legal obligation.  
After a point of time, usages become customs. Hence custom begins were usage ends. 
 
Custom is a clear and continuous habit of doing certain actions. In international law 
they may sometimes become obligatory. Usage in Intnl. Law is a practice that has yet 
not received requisite legal backing. Custom is a usage that has obtained the force of 
law. 
 
Scotia case ​( 1871): In 1863, British adopted regulations to protect against collision in 
states. IN ‘64 US accepted those regulations. In sme while all the maritime nations 
adopted the same. Scotia, a british ship collided with Berkshire a US ship. Berkshire did 
not carry the necessary lights as per the regulations. The Berkshire sank. Which law 
should be adopted here? 
New regulation should be adopted as it as evolved to be customary International Law 
due to ratification by several countries.  
 
Columbia Peru Asylum Case: ​Columbian ambassador gave asylum to a political 
opponent in the Columbian embassy in Peru. Can they give asylum? 
Here the requisites of a custom was clarified: Constant and uniformed usage practice by 
both the states in question.  
Lotus Case: 
Paquete Habana Case 
Alabama Claims Case 
 
Custom: ​Widespread and uniform practice over the state 
State must engage in the practice due to a sense of legal obligation 
Elements: i. Duration ii. uniformity and consistencyWhat iii. Generality iv. Opinio 
juris et necessitatis(General practice accepted as law) 
Treaty is an agreement entered into by two or more nations  
Law -making treaty and treaty contracts  
It lays down the rules which are the direct source of International law  
Law making treaty is of two kinds - those which enunciate rules of International 
law(universal) and those which lay down general rules (not as universal) 
 
Law - making treaties bind the parties  
Universal, particular and general international law  
Treaty contract - particular international law  
Specifically deal with matters concerning countries - treaty contracts are secondary 
sources of international law - may become a source if it is adopted by other nations in 
the future  
 
The peremptory norms from which no derogation is permissible - jus cogens Article 53 
of the Vienna Convention  
No hierarchy - if treaties have been made then they are referred to, if not then 
customary international law is applied , if no customary practice exists, then the general 
principles of international law are looked into.  
Examples for jus cogens - maintaining peace - prohibition of genocide - rules 
prlohibiting the independence and sovereignty and equality of the state. All states are 
considered to be equal. Rules that ensure enjoyment of resources by all nations.  
 
PCIJ - 1921-1940  
Statute says that the decisions aren’t binding at all. The doctrine of precedents did not 
have any value.  
ICJ - 1946 - now 
An earlier decision by it could not bind the court in any matter except where the matter 
involves the same parties and the same subject matter  
PCA, IMT, Alabama Claims Tribunals - International arbitral tribunals and their 
awards (decisions) 
 
State decisions - SCOTIA , Paquete Habana - 2 ways in which these decisions may 
become rules in international law  
Juristic works - Scholars who have written exhaustive materials on international law - 
the contributions add to the jurisprudence  
Subsidiary source of law or informal source  
General Assembly - resolution - declaration - conventions/ covenants - development of 
international law  
International institutions may be called international persons  
 
Subjects of International Law  
Realist - oppenheim - states are the only subjects  
Fictional - Hans Kelsen- individuals alone are the subjects - in the ultimate - law is the 
regulation of human conduct - no rule of international law cannot be made applicable 
to individuals unless it is introduced as a municipal law  
Danzing Railway officials case - PCIJ decision 1928  
Functional - Pollad - agreement is only between entities/ states - not applicable to 
individuals - tribunals established individual responsibility   
Theories on who the subjects of international law are  
Piracy jure gentium - subject matter of international law  
 
Oppenheim - definition of treaty - law relating to treaties prior to 1969 - only customary 
international law - vienna convention on the law of the treaties - “treaty” means an 
international agreement concluded between States in written form and governed by 
international law, whether embodied in a single instrument or in two or more related 
instruments and whatever its particular designation; - Article 2  
1989 - between states and intl organisations and between intl organisations  
Ingredients  
2 Treaties  
 
Forms of Treaties  
Heads of States Form  
Intergovernmental Form  
Interstate form  
Ministerial form  
Interdepartmental form  
Political Heads of state form   
 
 
Steps in the formation of a treaty  
 
Accession and adhesion - it involves being a party to the treaty where there is no 
reservation - complete acceptance  
Accession - when a new party joins the treaty at some point in time, the process is called 
accession  
Adhesion - acceptance of a part of the treaty - mere approval of the provisions of the 
treaty  
Vienna Convention  
States can accede only with the permission of the existing members - unanimity of 
approval - generally necessary  
 
Entry into force - treaties become operative on the date of signature  
Where ratification or other is necessary - the last date for ratification  
Minimum number of ratifications  
Date may be specified  
Upon the happening of some event  
 
Registration and publication - Article 102  
Application Termination of treaties  
 
 
Accreditation, negotiation and adoption , authentication, ratification, Accession 
adhesion , entry into force, registration publication - application  
 
Termination of Treaties  
2 ways - operation of law and act or acts of the state parties  
Operation of law - 1) Bilateral treaty - the party is no more - extinction of either party or 
subject matter  
2) Outbreak of war between the parties - treaty provisions are suspended  
3) Material breach of subject matter /provisions - treaty ends there  
4) Impossibility of performance of the treaty due to the permanent disappearance or 
destruction of an object indispensable for the execution of the treaty  
5) Fundamental change in the state of facts which existed at the time the treaty was 
concluded.  
  
Rebus sic stantibus - A principle used in international law to justify a state from ousting 
itself from the binding nature of a treaty that it has previously signed and adopted, 
citing changed circumstances.   
 
Vienna convention - Article 62 - what are the fundamental change in circumstances 
6) A treaty specifically concluded for a period - treaty gets terminated  
7) Successive denunciations of a multilateral treaty  
8) Article 64 - jus cogens - peremptory norm - new originates then  
 
 
 
By acts of parties 
1) If all the parties of the treaty - have concluded a new treaty on the same subject 
matter - then the earlier one will automatically be terminated.  
2) Parties withdrawing by notification and with the consent of other parties  
3 ways - By denunciation, the treaty itself might provide for it, or the treaty 
might reserve that provision  
 
Treaty- implementation in India - Article 253 of the Constitution  
Article 51. The State shall endeavour to— (a) promote international peace and security; 
(b) maintain just and honourable relations between nations; (c) foster respect for 
international law and treaty obligations in the dealings of organized peoples with one 
another; and (d) encourage settlement of international disputes by arbitration. 
 
Article 73 - (1) Subject to the provisions of this Constitution, the executive power of 
the Union shall extend— (a) to the matters with respect to which Parliament has power 
to make laws; and (b) to the exercise of such rights, authority and jurisdiction as are 
exercisable by the Government of India by virtue of any treaty or agreement: 
 
Article 253 - Notwithstanding anything in the foregoing provisions of this Chapter, 
Parliament has power to make any law for the whole or any part of the territory of India 
for implementing any treaty, agreement or convention with any other country or 
countries or any decision made at any international conference, association or other 
body. 
 
Seventh Schedule - Article 246 
Privy Council - 1937  
Attorney-General for Canada v. Attorney-General for Ontario  
Jolly George v. Bank of Cochin AIR 1980 SC  
Madhukishore v. State of Bihar 1996 SC   
Masilamani Mudaliar v. Idol of Sri Swaminatha Swamy AIR 1996 SC  
Gita Hariharan v. RBI (SC 1992) 
Gaurav Jain v. Union of India (SC 1997) 
 
Compensatory Jurisprudence - Article 9 (5) ICCPR  
Nilabati Behra v. State of Orissa  
Vishakha v. State of Rajasthan 1997  
D K Basu v. State of West Bengal 
 
 
 
Private international law is also known as conflict of laws. 
Jeremy Bentham coined the term international law in 1780. 
  
Oppenheim's definition (German jurist/ father of Modern discipline of international law/ first 
edition of public international law came out in 1905) - "It is a body of rules which are legally binding 
on states in their intercourse with each other." 
  
T.J. Lawrence (English jurist) - "The rules which determine the conduct of the general body of 
civilized states in their mutual dealings." 
  
Starke (1975) - His definition contains: 
1. International law is a body of law or principles or rules of conduct. 
2. States feel themselves bound to observe 
3. Commonly observe 
 4. In their relations with each other 
5. Rules that govern international organisations. 
6. Rules that govern other non state entities and individuals also. 
  
He has divided international law into three according to its applications: 
● Universal international law- that part of international law that is binding on all states alike, 
and is mostly customary. 
● Particular international law - that branch of international law which deals with only two or 
more states, which governs a particular region, typically. Eg:- European Convention on 
Human Rights, African Convention of Human Rights 
● General international law- binding on several states, but does not have universal application. 
It always has the tendency to become universal international law. Eg:- Convention of Rights 
of Disabled Persons is one that is not exactly universal but has a wide application across 
multiple nations. 
  
Origin of International Law 
Certain basic and crude form of international law existed throughout history. Around 2100 BCE, 
Mesopotamian treaty between the rulers of Lagarh and Ulma. Another one was the one between 
Ramesses II and Hattusilli of the Hittites for the establishment of "eternal peace and brotherhood". 
In Ancient Indian civilization, the idea of d
​ ootha ​or messengers existed, who were sent to other 
nations. Rules of war existed, and there were relations between the Indian and Chinese civilizations. 
In the Roman Empire, they had an advanced notion of international law. They had a profound 
respect for organisation and law. The law applicable for foreigners was j​us gentium​, and the ​jus civile 
which governed citizens. There were special officers to take care of the relations with foreign states. 
  
During the Renaissance, the notion of international law developed. Christianity spread, and 
transportation increased, which resulted in the development of trade. The invention of the printing 
machine by Guttenberg was also a major development. 
  
In 1625, Hugo Grotius wrote his book, which resulted in the foundation of Public International Law. 
In the 19th century, the European civilization spread, and numerous weapons were invented. This 
period also witnessed the rise of various powerful states which attempted to increase its territory. 
Hence, there was a development of the rules relating to war and neutrality, resulting in the 
establishment of tribunals and various jurists worked during this period. 
  
The 20th century witnessed the establishment of the permanent court of arbitration by two Hague 
Conferences which took place in the years 1899 and 1907. another development was the 
establishment of the Permanent Court of International Justice as an international judicial tribunal 
under the League of Nations in 1921. After the second World War, the United Nations was 
established in 1945, and the International Law Commission was set up in 1947. A number of 
conferences were convened in the following years, among them being the Geneva Convention on the 
Law of the Sea (1958), the Vienna Conference on Diplomatic Relations (1961), the Vienna 
Conference on Consular Relations (1963), the Vienna Conference on Law of the Treaties (1968-69), 
Law of the Sea Conventions (1973-83). The UDHR came into force in 1948, the European 
Convention on Human Rights (ECHFR 1950), the International Covenant on Civil and Political 
Rights (1966) and the International Covenant on Economic, Social, and Cultural Rights. 
  
Conference- a meeting that is convened. 
Declaration - as such, has no legal validity. When it becomes a convention or covenant, it becomes 
legal. The UDHR, for example, was merely a declaration in 1948, but when it became a covenant in 
1966, it divided these rights into civil and political rights, and the social, economic, and cultural 
rights. The USA wanted the former, the USSR the latter, which resulted in the division of the UDHR 
into ICCPR and ICESCR in 1966. 
  
The question of whether international law is a true law is a controversial questions. Scholars have 
gone so far as to say that international law is a vanishing point of jurisprudence. According to Shaw, 
"international law is a product of its environment". International law is developing on a daily basis as 
the world is constantly changing. Question of division of ocean floors, protection of human rights, 
regulation of space travel etc, are ideas that was once non existent, but are essential branches of 
international law today.  
  
Public and Private International Law 
Public international law deals with public legal entities, while private international law deals with 
those cases within particular legal systems in which there is a foreign element, raising questions as to 
the application of foreign law or the role of foreign courts. Since a court belonging to a different legal 
system might have to look into foreign elements or may have to use it in the case of private 
international law, or the persons involved are foreign nationals, it is also known as conflict of laws. 
  
Difference between private and public international law 
 
 1. Public international law governs  1. Private international law is 
relations between sovereign  designed to regulate 
states and it regulates the  disputes of private nature. 
intercourse between them.  Here, one may be a 
●    sovereign state. 
  ●   
1. Common law of all mankind and   
is common to all nations.  1. Part of municipal law of 
●    each state. 
  ●   
1. Public international law is based   
on the concept of comity of  1. Private international law 
nations. Hence it is known as  comes into existence because 
Law of the Nations.  of different municipal legal 
●    systems with conflicting 
  rules. Hence, it is known as 
   conflict of laws. 
  ●   
1. Public international law   
generally deals with questions  1. Private international law 
relating to international peace  are generally questions 
and security.  relating to law of contracts, 
place, jurisdiction. 

     
  
  
DUALISM AND MONISM 
  
There are two theories that speak about international law and municipal law: 
Dualism & Monism. 
  
Dualism - international and municipal law are considered to be two different laws. Hegel, Anzillotti, 
Triekee. If any international law must be accepted, then the legislature must enact a particular law on 
that subject matter. Article 253 of the constitution is related to this. When international and 
municipal law are in conflict, then municipal courts apply municipal law. Their origins and 
evolutions are different and are considered to be two distinct types of laws. Subjects of municipal law 
are citizens, and states are subjects of international law. The source of international law are common 
will of nations, while municipal law is enacted by the nation's legislature. International law is 
conditioned by the principle "​pacta sunt servanda​", meaning whenever an agreement is entered by 
two or more states, then those principles are to be applied. Eg:- UK 
  
Monism - considers international law as part of the municipal law. It considers both international 
and municipal laws to be part of one legal system. Kelson is the main proponent of monism. 
According to monism, both international and municipal law form a part of the entire legal system, 
and that it is binding on all humans collectively or individually. International law and municipal law 
differ only in their application. Eg:- USA (?) 
  
Apart from this, there are proponents who argue that these systems must be coordinated, such as 
Russoe. According to this, they simultaneously work, and each sphere is supreme in itself. 
  
In the English system, it can be argued that it does not practice dualism in its true sense. It could be 
divided, one category being customary practices, and the other being rules laid down by treaties. 
Customary international law is part of the law of the land, one example being ​piracy jure jentium, 
where pirates can be chased down and caught by anyone. So, customary laws become part of 
municipal laws, provided it is not in contravention to the other law. Once a customary international 
law is accepted, it must be followed as a precedent. If treaties entered into are to be implemented by 
the UK, then it must enact a particular legislation. 
  
In the USA, the position of customary international law is similar to the UK. The principle of ​jus 
cogens​, which could be understood to be peremptory norm. these principles are universally considered 
to be supremely important and are to be followed. With regard to treaties, there are two positions. 
One is "self-executing treaties", while the other is "non self executing treaties". Self executing treaties 
do not need a domestic legislation to become part of the US legal system. A non self executing treaty 
must be accompanied by a legislation to be enacted. If the treaty is within the terms of the 
constitution and is a self executing treaty, then it is said to be a part of the legal system. Article 6(2) 
of the US Constitution. 
  
Article 253 of the Constitution of India speaks about legislations for giving effect to international 
agreements. Article 246 and 256 of the Constitution/ 7th schedule lists the 3 types of lists. List 1 
covers defence, finance etc. Entry 14 of this list speaks about international agreements. Entry 10 of 
list 1: foreign affairs. Whenever a country enters into an international agreement, it can make 
reservations for certain provisions. (Jolly George, Magan Bhai Patel v. Union of India- 1969, case etc) 
This has been proved to be important in twos situations: (i) protection of environment and (ii) 
protection of human rights. Precautionary principle, doctrine of sustainable development. The 
Vishakha guidelines were based on CEDAW (Convention on Elimination of Offences Against 
Women). But this implementation of international guidelines is not always for the best. India, thus, 
follows the principle of dualism. 
  
Difference 
  
INTERNATIONAL LAW MUNICIPAL LAW 
Basis of international law is common will of  Basis of municipal law is will of that 
the states  particular state 
Sources are customs of several states plus  Sources of municipal law are customs within 
law-making treaties  the state along with legislations. 

International law is a law between sovereign  Municipal law is the law of the sovereign over 
states  its citizens 

The subjects are states  The subjects are citizens 

International law is considered to be a weak  Municipal law is strong and enforceable 

and soft law, and can be applied only with the 
consent of the 
state. 
  
_______________ 
  
Alabama claims 
Pacquet Havana 
Lotus case 
Asylum case 
Scotia case (1871) 
Right of passage over Indian territory case. 
  
  
BASIS OF INTERNATIONAL LAW 
Natural Law theory 
Positivist theory 
  
Natural Law Theory - Law is dictated by nature. Eg:- Human Rights. 
1st stage- Hugo Grotius, Thomas Hobbes, Samuel Pufendorf, Christian Wolf. 
2nd stage- Locke and Montesquieu 
3rd stage- Rosseau. 
Ideal law is found in nature itself. Man is considered to be a reasonable being, and natural law is a 
body of rules nature has dictated to human beings. States submitted to international law because 
their relationship is regulated by a higher body of laws, of which international law is part of. 
  
Criticisms - Naturalists regarded natural law as a moralistic system, and are not legally enforceable as 
such. 
  
Positivist theory - John Austin (1790-1859) the state has a value and significance of its own and has a 
will of its own, and this will is the law. When the law is not followed, it is followed by sanctions in 
the form of punishments. International law is considered as a set of moral codes and is not a true law, 
and is a positive international morality. 
  
Criticisms- even though there is no sovereign or a law dictated by the sovereign, every nation follows 
this law. 
Austin's view may be right for his time, but present international law has gone much ahead and is not 
suitable for the time. 
  
Hegel- international law exists for the state and not the other way around. (contradiction of 
superiority). 
International law is an archaic law- state is superior and the will of the state is the ultimate authority. 
  
Autolimitation theory- the state limits its own sovereignty to apply international law in particular 
situations. Propounded by Anzilotti, an Italian jurist. According to this, states are to be limited by 
international law, and rules of international law are binding on states because states consider them 
binding. 
  
Consent theory- Oppenheim propounded this theory. According to him, common consent of states is 
the basis of international law. Here, states acknowledge their sovereignty, but consent the 
applicability of international law on them. They consent to international law to governing their 
conduct. 
  
Pacta sunt servanda - Every agreement entered into by the states must be observed by the states. This 
got recognition in the Vienna Convention of 1969. Binding force of international law. 
  
SOURCES OF INTERNATIONAL LAW 
  
Stark - 
● Custom 
● treaties 
● judicial or arbitrary decisions 
● juristic works 
● decisions of organs of international institutions. 
  
Oppenheim - 
● Custom 
● treaties 
● general principles of international law 
● decisions of tribunals 
● writings of authors 
● equity 
● decisions made by international organisations 
 ● international comity and morality 
  
Statute of ICJ- established International Court of Justice. Under this, in Article 38, when a dispute 
comes before the ICJ, it must look into the following - international treaties, international customs, 
general principles of law, subject to article 59 judicial decisions and teachings of jurists. 
Article 59- the decision of the court has no binding force except between the parties and in respect to 
that particular case. 
  
Custom - Considered to be the oldest and original source of law. It is something that has been 
practiced from time immemorial. Until recently, all international law principles were in the form of 
customs. Custom means "clear and continuous habit of doing certain actions". Custom is a usage that 
has obtained the force of a law. 
Usage- Usage is a general practice which does not reflect a legal obligation. Custom begins where 
usage ends. "International habit of action that has not yet received legal backing". 
  
Scotia case of 1871: British gvt - adopts regulations regarding protection of marine traffic - 1864, the 
US adopts same, followed by most maritime nations - Scotia, British ship collides with US ship 
Berkshire, Scotia sinks - Berkshire not carrying lights as per regulations - whether pre existing laws or 
new regulations should be applied - held, regulations to be applied. 
  
Columbia Peru Asylum Case : Asylum granted by Columbian ambassador inside territory of Peru - 
question of asylum as he was not a political refugee - laid down requirements of custom - 
● Party must prove this custom is established in such a way that it is binding on both parties 
● Rule evoked is in consonance with constant 
● Custom must be widespread and uniform practice of states. 
● States must engage in the practice out of a sense of legal obligation. 
● Elements to constitute custom - (i) duration and (ii) uniformity and consistency of practice 
(iii) generality of practice 
(iv) ​opinio juris et necessitatis​- general practice accepted by law 
  
Treaty 
  
Treaty is an agreement entered into by two or more nations  
Law -making treaty and treaty contracts  
It lays down the rules which are the direct source of International law  
Law making treaty is of two kinds - those which enunciate rules of International law(universal) and 
those which lay down general rules (not as universal) 
Law - making treaties bind the parties  
Universal, particular and general international law  
Treaty contract - particular international law  
Specifically deal with matters concerning countries - treaty contracts are secondary sources of 
international law - may become a source if it is adopted by other nations in the future  
  
General principles of law 
Also known as jus cogens or peremptory norms from which no derogation is permissible. There is no 
particular hierarchy among these principles. 
Article 53 of Vienna Convention defines jus cogens as "a few rules from which no derogation is 
possible." These are norms accepted by the international community as a whole. A jus cogens can be 
modified only by a subsequent international norm of the same order. A jus cogens may be identified 
on a case to case basis. 
Article 64 of Vienna Convention on Law of Treaties - if a new peremptory norm on international 
matters arise, then an existing treaty in conflict with the new one will become void. 
Sovereignty of states and equality of states - two basic principles of international law that are 
considered to be jus cogens. 
  
Judicial decisions by the PCIJ or ICJ are binding only on the concerned parties and only on the 
particular subject matter. 
International arbitral tribunal awards are also considered as informal sources of international law. 
Two ways in which decisions may become rules in international law. 
  
Juristic Works 
Contribution of scholarly works to jurisprudence 
  
General Assembly - resolution- declaration - conventions/ covenants. 
  
Subjects of international law 
Earlier theories were strict on the fact that international law apply to the rights and obligations of 
states alone, and hence was known as Law of the Nations. This was based on the consent of the 
sovereign states and not on the individuals themselves. Oppenheim's later editions corrected its stand 
to say that even though states are the primary subjects of international law, individuals to an extent 
along with organisations too are governed by it. 
  
1. Realist theory - Oppenheim. States are the only subjects of international law. It has lost its 
significance in the modern context, and it received criticism back in its heydays as well. For 
example, there were general rules that protected the rights of slaves, which invalidates the 
claim of this theory that states alone are the subjects of international law. The laws of piracy 
also governed individuals in the framework of international law. 
2. Fictional theory - Kelson. He says that in the ultimate analysis, individuals are the subjects of 
international law. The duties and rights of states are those of the men who propose them. Law 
is ultimately the regulation of human conduct. A law can only address individuals, who are 
the true subjects of international law, and not states. No international law is applicable on 
the individuals without its introduction as a municipal law. 
 Danzing Railway Officials Case (1928) - Poland acquired the said company and had agreed to 
provide facilities to the officials. The question was whether treaties could be made directly 
applicable to individuals. The court held that a treaty. (crimes against international law are 
committed by men and not states). Article 4 . 
ECHR Provisions - 
1. Functional theory - Both states as well as individuals are subjects. States are considered to be 
active subjects and individuals are passive/ indirect subjects. Stark. Most suited for present 
day application. 
  
Treaties 
A treaty is a written agreement by two or more states or between a state and an international 
organisation to create or intend to create a relation between themselves and it should be within the 
sphere of international law. 
1969 - Vienna Convention on Law of the Treaties, 1969, codified all conventional laws on treaties. 
1989 - Vienna Convention on the Law of Treaties between states and international organisations or 
between international organisations, 1989 
Article 2 - defines treaty as "an agreement whereby two or more states establish or seek to establish a 
relationship between themselves governed by international law." 
The binding force of an international treaty is pacta sunt servanda 
Types of treaties : bilateral and multilateral, open and closed, lawful and unlawful. 
Bilateral - between two states, all rights and obligations are restricted to two states alone. 
Multilateral - no restriction on number of parties (+2) 
Open - all state parties may take part in this 
Closed - restrictions/ all states are not allowed to take part. 
Lawful - within the scope of UN Charter. Provisions of treaty corresponds to un charter and 
principles of international law 
Unlawful - opposite to lawful. 
Article 253 of Indian Constitution 
  
Essential elements 
● Written document. 
● Between states/ between state and int. Organisations/ between int. Organisations 
● Purpose of treaty should be to create a relationship between the parties. 
● Treaty should operate within the framework of international law. 
  
Forms 
● Heads of state form - signed by heads of state 
● Intergovernmental form - between governments 
● Interstate form - in the name of the states 
● Treaties may be negotiated and signed by the ministers of the countries concerned. 
 ● Interdepartmental agreement - between departments of nations involved. 
● Treaty between actual political heads of the state. 
  
Convention - formal document which is entered into by more than three countries. Convention on 
rights of child, 1989, convention on biological diversity, 1992. 
Protocol - agreement less formal than a treaty or convention proper. Not generally in the heads of 
state form. 
Protocol relating to status of refugees, 1969. 
Agreement - less formal 
Covenant - highly formal. Only two covenants exist now. International covenant on civil and political 
rights, 1966 + and international covenant on economic, social and cultural rights, 1966 + UDHR, 
1948 - International Bill of Human Rights. 
Declaration - yet another informal document appended to a treaty or convention. Declaration of 
rights of child, declaration of helsinki (provisions relating to human experimentation), declaration of 
rights of indigenous peoples, 2007 
Exchange of notes or letters - 
Final act - final act of vienna conference, 1958-59, final act of the third UN Conference on the Law of 
the Seas (UNCLOS) 
Conference - rio conference of 1992 resulted in Agenda 21, UN Convention on climate change 
  
Practice as to conclusion and entry into force of treaties 
● Accrediting of persons who conduct negotiations on behalf of contracting states - state 
authorities must be properly accredited and empowered to carry out his functions of 
deliberation and protection of interests of the nation he represents, along with the power to 
conclude the treaty. For this, he is provided the Document of Full Powers. 
● Negotiating and adoption of treaties. Article 9, para 2 Vienna Convention - for provision to 
be adopted, it should get 2/3rd votes. 
● Authentication, signature, and exchange of instruments. - when final draft of treaty is agreed 
upon, then it is open for signature. (article 10, vienna convention) 
● Ratification. Article 18, vienna convention. - approval by head of state or government. The 
international act by which a state is ready to accept and is bound by the principles of that 
treaty. It used to be mandatory, currently, if the treaty specifically says that ratification is 
required in certain situation : (i) if the treaty specifically provides for ratification (ii) the 
treaty has been signed subject to ratification (iii) negotiating states agree that ratification is 
necessary. (iv) an intention to sign subjective ratifications. But presently, it is not mandatory. 
Ratification gives states time to review the instruments signed by them before making itself 
entitled to the provisions of the treaty. 
it is an affirmation of the nation's sovereignty. 
● Accessions and adhesion - when a state joins an existing treaty newly, and are ready to accept 
its provisions as it is, then it is known as accession. No prescribed form for an instrument of 
 accession and adhesion. States, when they newly join to treaties, then the existing states must 
give permission to that state to ratify the treaty. 
● Entry into force - (i) treaties become operative on the day of signature. (ii) where ratification / 
approval is necessary, the treaty comes into operation only on that day. (iii) a minimum 
number of ratifications is (iv) date may be specified. (v) only on the occurrence of 
● Registration - Sec. 102 un charter - all treaties entered. Only if the state registers with in the 
UN in 
● Application and enforcement. - differs from one country to another. 
  
Termination of treaties 
Possible in two ways - (i) operation of law (ii) by act or acts of the state parties. 
Operation of law - 
1. Extinction of either party to a treaty, or extinction of subject matter to the treaty. 
2. Outbreak of war between the parties. 
3. Material breach of a bilateral treaty by one of the state parties. 
4. Impossibility of performance of the treaty due to the permanent disappearance or destruction 
of the object indispensable for the execution of the treaty. 
5. A fundamental change in the state of facts, which existed at the time the treaty was 
concluded. 
Rebus stic stantibus - treaty obligations subsist only as long as essential circumstances remain 
unchanged. Vienna Convention, article 62 defines 
1. The treaty specifically concluded for a fixed period of time terminates upon the conclusion of 
that period 
2. Successive denunciations of a multilateral treaty. - number of signatures reduces from 
required number, treaty becomes inoperative 
3. A new peremptory norm has evolved which is contradictory to treaty provisions, then the 
treaty is void regarding the peremptory norm. 
  
By acts of parties 
1. When all parties subjects to existing treaty enter into new treaty on subject matter. 
2. Parties withdrawal from the treaties after giving notice to other party- Denunciation, treaty 
itself provides for denunciation clause, the states may reserve the right to withdraw. 
  
Concerned articles 
Article 51 - the state shall endeavour to protect international peace and security.......and shall foster 
respect for international laws and treaty obligations and shall foster relationships with..... 
Article 73: extent of executive power of the union. - 
Article 253- parliament has power to make any law for the whole or any part of India.... 
7th schedule - List 1, entry 10 - all matters which bring the Union into relation with any foreign 
country. 
Entry 13 , entry 14- entering into treaties, entry 15- war and peace, entry 16, entry 17, entry 18- 
extradition, entry 19, entry 20- pilgrimage to places outside India, entry 21 - pirates and crimes 
committed on high seas and in the air, entry 11 
  
After independence, India followed the British system of treaty making. Privy Council Decision 1937 
- Attorney General for Canada v. Attorney General for Ontario. 
Jolly George Varghese v. Bank of Cochin (AIR 1980 SC) 
Madhu Kishore v. State of Bihar (1996 SC) 
Masilamani Mudaliar v. Idol of Sri Swaminatha Swami. (1996 SC) 
Geetha Hariharan v. RBI (1992 SC) 
Gourav Jain v. Union of India (1997 SC) 
  
Cases where international principles were applied in Indian Law 
Vishakha v. State of Rajasthan (1997) 
DK Basu v. State of West Bengal  
 
 
Official Recognition of a state-State Recognition 
 
Refer → 
https://www.legalbites.in/recognition-state-implication-modes-necessity/  
Why recognize a state?  
History produces changes and international community changes and is dynamic - old 
states may split or vassal territories may attain state  
 
Should there be a formal act of state recognition? 
2 types of recognition - Express recognition - through any document  
Implied recognition - international relationship accepted with the to-be-state  
 
Recognition of a state​- basic unit of intl law as capable of holding rights and duties 
within the Intnl system and ​recognition of a gov. 
State is bestowed with certain rights and duties-governments are recognised as mere 
agents of the state.  
To recognise a state- requires deliberation - more serious affair - than the recognition of 
a government  
 
 Why ?  
Intnl. Law does not have a formal document or customary law that mandates state 
recognition in concrete terms.  
What is the procedure?   
No formal recognition required  
● Implied and express.(Treaty recognition of a state is very rare ) 
● De-facto recognition and de-jure recognition  
De jure recognition - (ambassadors are welcomed into nation) is stronger, while 
de facto recognition is more tentative and recognizes only that a government 
exercises control over a territory. De jure generally follows de facto 
 
Differences:  
● Only the de jure recognised state can claim to receive property locally 
situated within the territorial limits of the recognising state. 
● Only the de jure recognized state can represent the old state for the 
purpose of state succession.  
● Only the de jure state can dispute the recognising state  
● Only if the state is recognized, immunity and recognition is given to the 
ambassadors representing the crown/state.  

1
De Jure is a legal De facto is factual
recognition. Recognition

2 De jure Recognition De facto is not a process

relates to a process of law but based on
contemplated by factual situation.
law.

De Jure is De fact is not permanent

3 permanent it is temporary,
recognition and provisional recognition,
cannot be which can be withdrawn.
withdrawn.
 4 It is a matter of It makes reference to
right to claim actual occupation and
recognition. possession.

 
● Conditional recognition  
The new state will be recognised only when those obligations that are imposed 
on it are fulfilled by the state  
Protection of Human Rights Act - 1993 - the international community wanted 
india to enact the law  
 
Legal and political consequences of recognition  
 
No clear laws - to decide the status of a state  
 
Internal and external dimensions -​is there a duty to recognise a state  
Constitutive theory, Declaratory/Evidentiary theory and Moderate theory  
 
Constitutive theory: 
Anzellotti, Oppenheim - positivists support theory. A new state must be recognised by 
existing states  
There should be a formal act of recognition . Though it may possess all characteristics of 
statehood - until there is a formal act of recognition - it can’t be a state. 
Who can recognise?  
Criticism​- logically unsound and morally objectionable, non-recognition means - 
citizens of the state might not be protected by intl. Law. in times of war and other 
contingencies.  
 
Declaratory/Evidentiary theory 
When state has fulfilled the basic condition. Of statehood-it automatically becomes 
subject to the rights and duties of International Law without any actions or 
acknowledgement from other states.  
Brierly, Moore etc  
 
Moderate theory​- Lauterpacht   
Discretionary - unilateral act exercised by the government of a state officially 
acknowledging the existence of another state or government - conditioned by the 
necessity to protect its own national interest  
 
State succession and Succession of government is different  
When a state ceases to exist - territory transferred from one territory to another  
Sovereign changes - thereby paving a way for a new sovereign to succeed the pre-existing 
one  
State - Passing of rights and obligations upon external changes of sovereignty over 
territory  
Government - passing of rights and obligation upon internal changes of sovereignty 
irrespective of territorial changes  
Vienna Convention on Succession of States in respect of treaties - 1928  
Vienna Convention on Succession of States In respect of state property , 
archives and in respect of debts - 1983  
 
Definition in vienna ​provided by law, upon a state of facts, proved or ad- mitted,
referred to the tribunal for decision, and authorized by law to be the subject of
investigation or action by that tribunal, and in favor of or against persons (or a res) who
present themselves, or who are brought before the court in some sanctioned by law as
proper and sufficient.

State jurisdiction
Two limbs - 1) power to prescribe/make rules - aka prescriptive jurisdiction
1) Power to enforce laws - enforcement jurisdiction

Three branches of state - legislature, executive, judiciary - to enforce laws

Two other limbs - 1) from the perspective of municipal law 2) from the perspective of
international law

State jurisdiction from the perspective of international law- (defs)

 1) capacity of state under international law to prescribe and enforce such laws
within its own territory.

2) Authority of a state over persons, property and events which are ​primarily​ within
its territory which includes its land, airspace, internal waters and territorial
waters.

Types of state jurisdiction

Category 1
1) Legislative jurisdiction
2) Executive jurisdiction - capacity of a state to act and enforce its laws within its
territory
3) Judicial jurisdiction - capacity of the courts of a state to try and adjudicate cases
of a state

Category 2
1) Civil jurisdiction
Foreign element - private international law - substantial connection between 
foreign element and civil courts within the territory of the state
2) Criminal jurisdiction
There must be a substantial connection between the alleged offender and the
state concerned
Four principles-
a) Place where the offence has been committed
b) Nationality of the persons involved ie those who committed the offence-
culprit or those affected - victim
c) Protective principle
d) Universality principle

State territorial jurisdiction

- Against territorial sovereignty
- Not limited to the crimes held in territory but also the crimes which will have an
effect
Exceptions to the general principle
1) Foreign states and heads of foreign states - immune from indian legal system
Embassy - extra-territorial jurisdiction
2) Diplomatic representatives and counsels of foreign states
 3) Public ships of foreign states - owned by another state
4) Armed forces of foreign states
5) International institutions and members of staff of these international institutions

There are two principles in exercise of territorial jurisdiction

1) Subjective territorial jurisdiction - exercise of jurisdiction by the state in which
the crime has been committed
2) Objective territorial jurisdiction - jurisdiction is given to the country where the
crime has been ​completed a ​ nd has faced the effects of the crime

State sovereignty
Is connected with the principles of equality and non-interference.

Sovereign immunity under international law

● Absolute immunity in all areas of activities from the jurisdiction of another state.
● Qualified immunity ​- state enjoys immunity only in the case of its governmental
acts
● The state does not enjoy any immunity in the case of non- sovereign and
non-governmental ie commercial functions

Sovereign immunity arises in two situations:

● Immunity of a state from the jurisdiction of the courts of another state- courts of
a state cannot adjudicate a claim against a foreign state
● Immunity of a state from the execution of enforcement measures undertaken by
courts of another state

Sovereign immunity covers head of state, state itself, government, its departments, its
agencies/instrumentalities and the sovereign itself.

RD Shetty v International Airport Authority

Ajay Hasia etc v khalid mujib sehravadi - expansive definition of ‘state’

Diplomatic Immunity

Under the 1961 Vienna Convention on Diplomatic Relations.

Diplomatic envoys usually accompany such diplomats.
 ● They enjoy immunity from civil and administrative jurisdiction.
● This immunity can be waived explicitly by them.
● Methods of execution may not be imposed on them - eg: if called as a witness,
need not give witness. His person is inviolable.
● He is not required to pay any taxes.
● Premises or private residences and documents of the same are immune from the
state territorial jurisdiction.
● If they are nationals then they do not receive such immunity. It only applies to
foreigners. Members of administrative and technical staff, their families and the
family of the diplomat all enjoy this immunity as well.

Consular Immunity

● Consulars will not be granted the same immunity as granted to diplomats.

● Vienna convention on consular relations 1963
● Not bound to give witness etc etc
● His consular premises, his archives etc are immune.
● The purpose of such immunity is purely functional
● 1946 General Convention on the Privileges and Immunities of the United Nations
- UN enjoys complete immunity against all legal proceedings. Its premises,
assets, archives and documents are all immune. They are exempted from taxes
and the staff are also exempt from such taxes. UN Sec Gen is also immune. The
staff have limited immunity.

The principle of non-intervention. Art. 2(4) of the UN Charter and how it functions
under International Law.
1000-1500 words. Submit by Friday evening to ​drvrj2019@gmail.com

International environment law

● Interconnected laws and declarations

● Started with stockholm declaration and then came johannesburg declaration and
with its evolution the nature of these declarations changed from crude to polite
and modest. Moreover, humans stopped being the center of the universe.
● In India there are more than 200 laws/statutes dealing with environmental law

Cocoyak declaration (1970)

 - Beneficial development
- Development should focus on benefit of human beings

Stockholm Conference (most important conference- UN conference on Human

Environment - 5th june - 16th june @ sweden, stockholm)
- Seven points in the preamble
- 26 principles altogether
- Significance of the document - majority of the intl community came together and
signed this document - first attempt
- Two parts - 1) seven truths about man in his relation to the environment
2) 26 principles relating to rights and duties of man in relation to environment
Certain important principles are:
1) man has a right to environment
2) duty of men to protect the environment
3) Have to manage wildlife properly
4) Concept of sustainable development (principle 13)
5) Rational planning (principle 14 and 15)
6) Proper population (demographic) policies (principle 16)
7) Public participation (principle 17)
8) Environment education (principle 19) → later conferences have explained
this in detail
9) Transboundary pollution must be (eg: chernobyl disaster 1986/fukushima
nuclear plant japan) minimized (principle 21)
10)Polluter pays principle (principle 22)
11) International cooperation (principle 24)
- Bretland commission report - “our common future” - in this report the entire
concept of sustainable development has been explained - environment +economy
+equity will lead to sustainable development

Significance of this document - while it is not enforceable as it is only a declaration , it

has wide influence and it is the most important document in environment law. It has
influenced the indian constitution (article 48A and article 51A (g))

Nairobi declaration (1982)

To commemorate the 10th anniversary of the stockholm declaration
- Basic idea - preserve the natural resources so that it is passed on to the future
generations as it is

Rio conference on environment and development (1992)

 - Four important documents were drafted during this conference 1) rio declaration
2) agenda 21 → global action programme to achieve sustainable development by
the 21st century 3) forest principles 4) convention on climate change and
convention on biological diversity
- Similar to stockholm - a reaffirmation of all the principles in the former but more
elaborate

Johannesburg declaration (2002) aka World summit on sustainable development

- This reaffirmed the commitment towards sustainable development and the
practical solutions to achieve the same was mentioned
- Major principles
1) Polluter pays principle
2) Precautionary principle
3) Inter-generational equity principle (duty/responsibility of each generation
to leave the earth as received for the next gen) (adopted in india by the taj
trapezium case/vellore case)
4) Common but differentiated responsibility
5) Public trust doctrine (state is the trustee and the people are the
beneficiaries - adopted in india by the mc mehta case)
6) Environment impact assessment and public participation

Conventions exists on:

1. Protection of species and wildlife
2. Climate change
3. Biological diversity
4. Sustainable development
5. Transboundary pollution
6. Trade in endangered species
7. Law of the seas

Space Laws:
Principle treaties
1. Outer space treaty, 1967
2. Rescue agreement, 1968
3. Liability Convention,1972
4. The registration Convention, 1976
5. The Moon agreement, 1984
Agreement on the return of astronauts - Rescue agreement - 1968
The liability convention - convention on international liability for damage caused by
space object - 1972
The registration convention - 1976 - convention on registration of objects launched int0
outer space
The moon agreement 1984 - agreement governing the activities of states on the moon
and other celestial bodies

Basic principles
1) Non- appropriation of outer space by any one country
2) Arms control
3) Freedom of exploration
4) Liability for damage caused by space objects
5) Safety and rescue of space-crafts and astronauts
6) Prevention of harmful interference with space activities and environment
7) Notification and registration of space activities
8) Treaties permit scientific investigation
9) Exploitation of natural resources in outer space
10)Settlement of disputes

5 principles
1) declaration of legal principles governing the activities of states in the exploration
and uses of outer space - 1963
2) principles governing the use by States of artificial earth satellites for international
direct television broadcasting - 1982
3) Principles relating to remote sensing of the earth from outer space - 1986
4) Principles relevant to the use of nuclear power sources in outer space - 1992
5) Declaration on international cooperation in the exploration and use of outer
space for the benefit and in the interest of all states taking into account the needs
of developing countries - 1996

Treaty - outer space treaty

Law of the Sea

Rights and Obligations in areas of:

● Shipping
● Coastal areas
● High Seas
● Fishing
 ● Shipwreck
● Protection of the Marine environment
● Dispute resolution

Foundations of modern law of the sea- Hugo Grotious, 1606-seas are not susceptible to
appropriation. Doctrine of Freedom of Seas- ‘Mare Liberum’. From this point, the law
of the seas developed.
By the 18th Century, Law of the Seas was customary international law- based on state
practices.
Cases- Paquete Habana, S.S. Lotus
A state’s jurisdiction is limited to a narrow belt of sea surrounding the landmass. Rest of
the sea was free to all and belonging to none
Cannon Shot rule- Earlier upto 3 nautical miles or 5.6km-was accepted by a few states,
others didn’t.
By around 20th century- codification of Intnl. Law of the seas
Declaration of Paris,1856- established Intnl. Rules of Naval warfare, neutrality etc
This was developed by other developments like the Hague Peace Conference, 1899,
1907, Intnl. Naval conference, London, 1909.
Focused on the military aspects of the law of the seas.

In 1924, the council of the League of Nations- began codifying Intnl. LAw-
● Status of territorial waters
● Status of Govt. ships engaged in commerce
● Suppression of privacy
● Exploration of natural resources

Hague Conference, 1930

Discussed only about territorial waters- but no conference

UN- International Law Commission,1947

14 Important topics- territorial waters, high seas

1st UN conference of the Law of the Seas:

UNCLOS I, 1958, 68 states, Geneva
● Conventions of the Territorial Sea and Contiguous Zone, 1964
● Convention on Continetal Shelf, 1964
● Convention on the High Seas, 1962
● Conventions on fishing and conservation of living resources, 1966
Breadth of territorial waters was still left unanswered

UNCLOS II, 1960- failure

UNCLOS III, 1982(lengthiest Intnl. Conf)- All comprehensive
60th ratification(minimum number)- 1993

Significance:
Territorial Seas, High seas(5/7th of the earth)
Cannon shot rule - 3 nautical miles, 5.6 KM

UNCLOS III-
Defined territorial waters
Art 17, 18, 19-Right to innocent passage
Art 24 - duties of coastal state