CSS

International Law
Notes prepared by:
Advocate Ch. Muhammad Faisal ul Islam
B.A, L.L.B), Intl Islamic University Islamabad (IIUI) Created on: 28th July, 2010

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Sources of International Law

1) International Conventions Art 38 (1) (a) Convention & Treaty Nature Priority Background Kinds i. Law Making Treaties ii. Treaty Contracts Types i. Bilateral ii. Multilateral Significance Foundation / Basis Pacta Sunt Servanda Some Important Treaties

2) International Customs Art. 38 (1) (b) the Statute of International Court of Justice Background o The Statute of International Court of Justice recognizes General Customs but in practice, o Courts accept local or regional customs amongst a group or between two or more countries. o Local customs may supplement or derogate from General Customs. Peremptory Norm A Norm of general international law that is accepted and recognized by international community as a whole as a norm for which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character. (Jus Cognes). According to Article 53 of Vienna Convention, a treaty is void if it conflicts with Peremptory Norm. Custom vs. Usage o Usages are considered the first stage of custom. They mean a long established use of a matter, which States repeat to perform. Usages, on long usage, will become Custom. o Usages may conflict with one another. Customs do not.
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Significance Essntials o Immemorial Antiquity (Long duration) o Uniformity / Consistency o Generality in Practice o Opimi Joris et Necessitatus o Judicial Application of Custom Factors Responsible For Custom Evolution (Sources of Customs) o Diplomatic relations between States o Practice of International organs o State laws, decisions of State Courts and State military or administrative practices o Treaties between States

Customary Rule Now Applied West Road central Mining Co. vs. R (1905) Judicial Application of Custom i. Pagoethe Habnna Case (1900) ii. S.S Lotus Case (1927)

Related Case Laws:

North Sea Continental Shelf Case Asylum Case West Rand Central Gold Mining Co. Ltd Anglo-Norwegian Fisheries Case

3) General Principles of Law Recognized by Civilized States Art. 38 (1) (c) Meaning Significance Instances Conversion into Intl Law Principle Formation Background (first in PCIJ Art.38)

4) Decisions of Judicial/ Arbitral Tribunals Art. 38 (1) (d) Art. 59 Intl Court Decisions
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 State Court Decisions Arbitration Decisions 5) Juristic Works Art. 38 (1) (e) Significance 6) Decisions of International Organs of Internatioanl Organizations Security Council European Economic Commiety (EU) 7) Ex Acquo Et Bona (In justice and fairness) Art. 38 (2) 8) Subsidiary Sources

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True Law or Not

1. Introduction 2. Interpretation a) Oppenheim b) J.S Starke c) S.S Lotus Case (1927) 3. International Law --- A True Law or Not? Depends upon definition of term Law i. Command Theory ii. Natural Theory 4. Two School of Thoughts 5. International Law --- As True Law Exponents View of Jurists i. Starke ii. Lawrence Arguments a) Need of sovereign b) Customary laws c) International conventions d) No relying upon moral arguments e) State practices f) Settlement of international disputes g) Basis of United Nations (UN) h) Sanction i) Executive j) Sovereign k) No effect of violation l) ICJ 6. International Law --- Not A True Law Exponents View Arguments a) No sovereihn b) Lack of sanction c) No Executive d) Lack of Potent Judiciary e) Violation of laws f) Customary laws not laws g) Lack of effective legislation 7. Conclusion

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Intl Law vs. Municipal Law

1. Introduction 2. Interpretation a) Intl Law b) Municipal Law 3. Explanation 4. Theories As to Relation (Table) A. Monistic Theory Exponents Basic Idea Features of Monistic Theory a) General order b) Governance of conduct c) Imperalue nature d) Origin of source Juristic View a) Prof. Haus Kelsen b) Stance c) Prof. Duguit d) Soviet View Criticism

B. Dualistic theory Exponents Basic Idea Triepels Exposition i. Subject ii. Origin iii. Criticism Anzillottis Exposition i. Difference (Legislature vs. Pacta Sunt Servanda) ii. Criticism Oppenheims View a) Different o Source o Territorial jurisdiction o Relation to subjects o Sovereignty o Enforcement
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o Executive b) Criticism

5.

6.

7.

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C. Specific Adoption Theory o Exponents o Basic Idea o Criticism D. Transformation Theory Basic Idea Example Criticism o Basis o Treaties o Starke E. Delegation Theory Basic Idea Criticism Whether Monistic Theory State Practices Crecs Bulgarian Communities Case (1957) i. Intl Law (if treaty) ii. Municipal Law (if conflict Similarities b/w Municipal and Intl Law Judiciary Executive Legislature Difference b/w Municipal and Intl Law Sources Relation Substance of law Legislation Enforcement Judicial Process Relationship of Municipal Law an Intl Law Among Various Nations 1) British Practice I. As Regard To Customary Rules i. A Part of UN Law ii. Conditions o Should no inconsistent with UN law o If Intl Court decides it binding iii. Influence of Practice
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a) Court interpret Municipal Law in accordance with Intl Law Exception: when M.L ambiguous b) Rule of evidence Exception: c) View of Jurists o Blacks Law o Lord Atkin II. As Regards As Treaties a) Basis. Crown vs. Parliament b) Treaties and Consent of Parliament c) Conflict Treaty vs. M.Law 2) USA Practice I. Regarding Customary Rules i) Part of US Law ii) Justice Gray iii) Conflict Intl Custom vs. US Congress II. Regarding Treaty Laws i. Art. of constitution ii. Conflict latter in date shall prevail iii. Types of Treaties a. Self-existing Treaty b. Nov of existing Treaty 3) Pakistan Practice Follows Intl Law Transformation Parliament Sanction Regarding Treaty Laws a) Specific Adoption of Treaty b) Vienna Convention 1961 c) The Consular Rights 1972

9. Conclusion

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Subjects of International Law

1. Introduction 2. Interpretation Starke Brownlie Reparation for Injuries Case (1949) 3. Different Theories As To Subjects of International Law 4. States As Subjects Only Basic View Chief Exponents Soviet Union states main subject Criticism a) Slaves b) Individual subject not object Reparation for injuries case (1949) 5. Individuals As Only Subjects Basic Idea Exponents No Difference b/w International Law and Municipal Law Criticism a) Only states competent b) Act in law 6. International Organization Basic Idea Arguments International Organizations Non-state Entities 7. Place of Individual In International Law Pact View Modern View a) Espionage

8. Conclusion

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State And Its Kinds

1. Introduction 2. Interpretation Salmond Lawrence Starke 3. Explanation 4. Essentials of State Ar 1 Oppenheim Holland 5. Functions of State Past police state Present welfare state 6. Concepts Relating to States Sovereignty of States o Jean Bodin De Republic (1576) o Hobbes Absolute and complete form of o Austin Theory of Auto-limitation o View o Criticism Principle of Equality of States o View o Effects (Oppenheim) i) Vote (exception) ii) Equal Vote (exception) iii) Territorial Jurisdiction iv) Judicial Jurisdiction Principle of Sovereign Equality among the equal 7. Rights and Duties of The States

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8. Different Kinds of The States

1) Sovereign States: Sovereignty is the supreme power by which a state is governed, and this power may be exercised internally or externally. Independence, in a negative sense, signifies the absence of any control or dictation exercised by other states. Sovereignty and independence cannot always be used interchangeably, as there may be different degrees of sovereignty, while independence does not permit of grading. A state is either independent or dependent, whereas international law recognizes a state to be sovereign when it is independent of every other state in the exercise of its international rights, and states having an existence not entirely independent of other states are recognized as semi-sovereign. o Principle of Good Neighbourliness: (Agarwal) o Union of States: (Agarwal) Union of states may be classified as i) Simple States: Simple states are distinguished again as Single States Personali Unione (Personal Unions) - Several States temporarily united under one Sovereign. The best example of a personal union is that of Great Britain and Hanover during 1714-1837. ii) Composite States: A state is designated as composite when comprising two or more states, and in accordance with the nature of the act creating the union, they are classed as Reali Unione (Real Unions) - Several States perpetually united under one Sovereign. Confederation - A confederation is a permanent association of states exercising in common the prerogatives of sovereignty for the general advantage. It differs from a league of nations not only by the permanence of existence, but by the possession of a common organization constituting the agency for carrying into effect the will of the component states. The states retain their external sovereignty to a greater or less extent, and constitute a band of states. In a confederation, the constituent states have surrendered to the central authority only a part of the control of their foreign relations; the great example of this kind of union being the German Bund, which existed from 1815 to 1866, in which the various states retained to themselves certain rights of receiving and accrediting ministers and of making treaties and alliances. Federal Unions - A federal union exists when states are united under a central government exercising national sovereignty in foreign matters. The act effecting the union is called the
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iii)

constitution. Instances of a federal union are the United States and Switzerland. Condominium: In this instance two or more states equally exercise sovereignty with respect to a territory and its inhabitants. There are arguments as to then relationship between the states concerned, the identity of the sovereign for the purposes of the territory and the nature of the competences involved. In the case of the New Hebrides, a series of Anglo-French agreements established a region of joint influence, with each power retaining sovereignty over its nationals and neither exercising separate authority over the area. A Protocol listed the functions of the condominial government and vested the power to issue joint regulations respecting them in a British and a French High Commissioner. This power was delegated to resident commissioners who dealt with their respective nationals. Three governmental systems accordingly co-existed, with something of a legal vacuum with regard to land tenure and the civil transactions of the indigenous population. The process leading to the independence of the territory also reflected its unique status as a condominium. It was noted that the usual independence Bill would not have been appropriate, since the New Hebrides was not a British colony. Its legal status as an Anglo- French condominium had been established by international agreement and could only be terminated in the same fashion. The nature of the condominium was such that it assumed that the two metropolitan powers would always act together and unilateral action was not provided for in the basic constitutional documents. The territory became independent on 30 July 1980 as the state of Vanuatu. The entity involved prior to independence grew out of an international treaty and established an administrative entity arguably distinct from its metropolitan governments but more likely operating on the basis of a form of joint agency with a range of delegated powers. The Central American Court of Justice in 1917 held that a condominium existed with respect to the Gulf of Fonseca providing for rights of co-ownership of the three coastal states of Nicaragua, El Salvador and Honduras. The issue was raised in the El Salvador/Honduras case before the InternationalCourt of Justice. The Court noted that a condominium arrangement being a structured system for the joint exercise of sovereign governmental powers over a territory was normally created by agreement between the states concerned, although it could be created as a juridical consequence of a succession of states (as in the Gulf of Fonseca situation itself), being one of the ways in which territorial sovereignty could pass from one state to another. The Court concluded that the waters of the Gulf of Fonseca beyond the three-mile territorial sea were historic waters and subject to a joint sovereignty of
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the three coastal states. It based its decision, apart from the 1917 judgment, upon the historic character of the Gulf waters, the consistent claims of the three coastal states and the absence of protest from other states 2) Non-fully Sovereign States: a) Protectorate: o A State under the Protectorate of another, or of others, but retaining its International personality. o A State under such Protectorate so as to have forfeited its International personalityThe Ionian Islands. b) Vassal State: c) Commonwealth d) Associated States e) Trust Territories 3) Non-typical States: i) Holy Sea / Vatican City 1850 Italy capital 1871 Pope only 1929 As state ii) Neutral State iii) Neutralised States In contradistinction to a neutral state, which holds aloof from countries in a state of war, neutralized states are such as are officially created by convention. These states cannot participate in a war entered into by neighbouring states and in return be secured against attack. The Treaty of Paris (1815) and the Treaty of Turin (1860) neutralized Switzerland and portions of Savoy. The Treaties of 1831 and 1839 neutralized Belgium, recognizing her as an "independent and perpetually neutral state, bound to observe the same neutrality with reference to other states." iv) Free Cities 9. Difference a) Confederation vs. Federation b) Vassal vs. Protectorate c) Neutral and Neutralized 10. Analysis

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Recognition
Introduction Interpretation o Kelson o Fenwick Recognition Depends Upon Principle of Co-operation Yardstick for recognition Various Aspects of Recognition o State o Government o Insurgency o Belligerency Theories of Recognition of State Constitutive Recognition o Theory o Chief Exponents o Jurists View o Criticism i) Legal Duty ii) Rights and Duties o Examples i) China was not recognized by USA ii) Israel isnt accepted by Pakistan and some Arab countries Declaratory or Evidentiary Recognition o Theory o Chief Exponents o Jurists View o Criticism Which Theory Is Opt and Workable Oppenheim Modes of Recognition A) De Facto Recognition a. View b. Oppenheim c. Example d. Effects e. Modes of Grant B) De Jure Recognition a. View b. Jurists
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c. Conditions d. Example e. Effects f. Modes of Grant De Facto vs. De Jure Recognition o Nature o Revocability o Status o Immunities o Diplomatic Relation o As to o Conversion De Facto ---- De Jure De Jure ---- De Facto o Withdrawal o Mode of Grant o Practice of State o Succession o Sovereignty o Courts Legal Duty or Discretionary Act 1st View: Legal Lauterpacht 2nd View: Kelson. Collins Facultative Theory China, Russia, UK, USA Suggestion Jessup View

Political Discretion

UN Supervision for recognition Legal Effects of Recognition Right to Sue: Right of suing in the courts of the recognizing state. Effect on Enactment: Have effect of its legislation by these courts. Certain Immunities: May claim immunity from suit in regard of its property and its diplomatic representatives. Right to Demand Property: Entitles to demand and receive property. Certain Privileges: Privileges of membership of international community. Right of Treaties: Capacity to conclude treaties. International Obligations: Subject to various obligations under International Law. Consequences of Recognition Other Types of Recognition i) Express ii) Implied (Dogar)
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Conditional o Mandatory o Prohibatory iv) Collective Is Withdrawal of Recognition Possible i. De Facto Yes ii. De Jure Never Retrospective Effects of Recognition o Yes o Friendly Relations Recognition of Government i. Change of Government By a. Peaceful b. Revolution Recognition of Insurgency o View o Conditions o Effect Recognition of Belligerency o View o Conditions o Effect Analysis

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State Responsibility
1. Introduction Every State has its full power and sovereign control over its municipal law. In general, International Law does not interfere with the internal law of the state. However, at times, the State is held responsible, directly or vicariously for the acts of its nationals. 2. Interpretation Starke Cargo Camel Case (1949) 3. Explanation 4. Evolution of Doctrine of State Responsibility Old View Modern View: Hague Conference 1930 5. States Are Responsible For International Wrongful Acts Internationally wrongful act of state Art. 3 of International Law Commission on State Responsibility (1974) 6. Types of State Responsibility Direct - by the act of the state Indirect by the acts of its individuals (the use of expression Vicarious is surely erroneous says Brownlie) 7. State Responsibility In Different Fields A. International Delinquency i. By whom? President, Government ii. How? Intervention, Breach of Treaty etc. iii. Delinquency vs. Crime o o Entity vs. Person B. State Responsibility For Injury to Aliens Aliens like citizens a. For acts of individuals b. For acts of mob-violence: (Reparation of Injuries Case 1949) c. For acts of insurgents Calvo Doctrine C. State Responsibility For Acts of Govt. Organs D. State Responsibility For Contracts With Foreigners E. State Responsibility For Breach of Treaty / Contractual Obligation F. State Responsibility In Expropriation of Foreign Property Ex. Nationalization of Suez Canal 1956 8. State Responsibility During War Violation of War Rules Art. 3 of Hague Convention 1970
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9. Consequences of State Responsibility Restitution i) By performing the undischarged obligation ii) By revocation of unlawful act iii) By abstention from further wrongful act Indemnity (compensation) Satisfaction o In cases where states dignity and personality is injured 10. Analysis

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Acquisition & Loss of Territory

Introduction Interpretation Acquisition Loss Types of Acquisition i) Derivative ii) Original Modes of Acquisition A) Occupation i. Meaning ii. Elements Will to exercise sovereignty An exhibition of actual authority iii. Conditions iv. Explanation v. Case Laws o Eastern Grounded Case (1933) o Island of Palmas Arbitration (1929) vi. Occupation in International Law same as Possession in Civil Laws vii. Occupation vs. Subjugation viii. Proximity or Contiguity Is Not Valid Legal Text For Acquisition Indonesia vs. India for Fishing Island B) Prescription i. Meaning ii. Conditions iii. Explanation iv. Cases of Prescription o Immemorial Possession o Competing Act of Sovereignty o Acquiescence C) Accretion i) Natural Act ii) No Formal Assertion of Title Is Necessary D) Cession o By Treaty o Gratuitous or Consideration o Voluntary or Under Compulsion o Case Law: Example o Derivative Title E) Annexation / Conquest By War
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Condition F) Lease o Lease Contract o Hong Kong, Malta Island . (UK) G) Pledge Part of Land Is Pledged for Money Island of Corsica to France (1768) H) Award I) Plebiscite o Voting by People o West Irian J) Newly Emerged States Newly Liberated Colonies: Pakistan, India etc. Swat, Hunza, Bahawalpur etc. K) Discovery Past: 16th Cent Valid New: 21st Cent Consolidation in Reasonable Time Only Modes of Losing Territory 1. Cession Peacefully: Estonia, Lativia and Lithuania from U.S.S.R (1991) Revolt: Bangladesh from Pakistan 2. Operation Nature o Through Earthquake - a coast of the sea or an island may disappear o Change In The Course of Rivers 3. Subjugation 4. Prescription 5. Recoil o Holland, Iran, Spain o UKs --- USA (1776) 6. Dereliction i) Meaning ii) Conditions Actual abandonment of territory The intention of giving up sovereignty over that territory iii) Case Law (examples) Island of Santa Lucia Delegoa Bay 7. Grant of Independence to A Colony By An Imperialist State (UK) 1947 Pakistan, India 8. Gift: Pak-China 9. Sale: Gawadar Analysis

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Extradition
Prelude Interpretation Literal Oppenheim Territorial State Requesting State Starke Concept of Extradition Grotius Basis of Extradition Aut Punive Aut Dabare Object / Purpose of Extradition Suppression of crime Warn the criminals from escaping Safeguards the interest of the territorial state Reciprocity International co-operation Territorial state is more likely to try the offender Is There A General Duty of States in Respect of Extradition o Grotius View o Only Treaty: Factor vs. Labubenheimer o Intl Law doesnt recognize any such duty o No Universal rule of Customary Intl Law regarding extradition Extradition vs. Expulsion Extraditable Persons Extradition Crimes o Pak, France, UK (Extradition Act 1870) Restrictions on Extradition Treaty Must Ganga High-jacking Case Bilateral treaty No Political Offence i) Meaning ii) Cautions (1891) iii) Zia Regime iv) Attempts a) Belgium 1856 b) Russian 1881 c) 1892 Common Offence
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Prima Facie Evidence No Religious Crime i) Salman Rushdi (Malun) ii) Hafiz Saeed Art. 5 (A) Citizenship of persons in question Rules of Speciality Try for only case for which extradition sought US vs. Rausher India vs. Pakistan same as above No Military Crime Extradition Act 1972 Double Criminality Formalities Terms and Conditions of Extradition Fulfilled Pressure of The Offender Not Compulsory Analysis

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Asylum
Introduction Interpretation
Literal: Asylum is a Latin term. a (not) + sylon (right to seizure). Hence Asylum is a place of refuge, retreat and security.

Institute of International Law: Asylum is the protection given to a person seeking it in a territory of another State. Elements of Asylum i) Shelter: A place where the person wants to be protected ii) Active Protection: By another State in whose territory the person seeks
protection (These two elements distinguishes asylum from immigration)

Basis of Asylum Object / Purpose of Asylum To save a person from the jurisdiction of the local authorities. Extra Legal / On Humanitarian Grounds For the sake of national security Right To Asylum a) Art. 14 Universal Declaration of H.R 1948 b) Un Declaration On Territorial Asylum 1967 c) UN Conference of Plenipotentiaries on Territorial Asylum 1977 Kinds of Asylum o Territorial Asylum / Internal Asylum When asylum is granted by a state on its own territory, it is called Territorial/ Internal Asylum. 1) Political Asylum It is sometimes said that a fugitive has right to asylum. It is incorrect, fugitives have no enforceable right in international law to enjoy asylum under international law, only state has a right to grant asylum to individuals fleeing from persecution. 1. Convention on Territorial Asylum 1954 Right of the state to admit in its territory 2. Draft Declaration on Asylum Art. 1: exercise of one state be repeated Art. 3: at burden must give refugee 3. Resolution 14th Dec. 1967 i) Give asylum except security ii) If problem in the n such nations response to granting asylum iii) Repeat to asylum by state 2) Refugees:

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Above principles also apply to refugees. Most applicants for territorial asylum will also claim status as refugees. Refugee is a person who flees to a place of safety, esp. a foreign country, to escape danger or persecution in own country or habitual residence because of his race religion or political beliefs. Convention on Status of Refugees 1951 [Art. 31, 32, 33 (same)] According to COSR, refugee is a person who owing to a well pounded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of which he is a national and is unable or unwilling to return to it. Convention on Status of Refugees 1951 also provides the principle of Nonrefoulment. According to article 33, even if for some reason a state no longer desires that a refugee remains in its territory, it may not return or expel (Refoul) a refugee to the territories where his life or liberty may be threatened on according of his race, religion, nationality, membership of a particular social group or political opinion. This principle is now considered as binding principle of international law. However the problem is that it does not apply until a refugee has already been determined to be so be the host state. 3) General Asylum For persons who have feed from their own country to seek economic betterment but do not have status of immigrants. They do not qualify to be refugees under COSR 1951. Neither do they have any fear of persecution under UDHR. Such persons therefore are not asylum seekers but future immigrants. Other persons in this category may be persons seeking asylum not because of political or other reasons but because of natural disasters such as famine or flood or civil war in own country. o Extra-territorial Asylum / External Asylum 1) Asylum in Foreign Legation Modern international law recognizes no general right of head of a mission to grant asylum in the premises of legation. Such grant is in fact prohibited under international law when its effect would be to exempt a fugitive from the regular application of laws. The back of any general right of diplomatic asylum was affirmed by ICJ in Asylum case. Exceptionally, but without acknowledgment of any absolute right of fugitive to require this, asylum can be granted in legation premises in fall cases i) As a temporary measure, to individuals physically in danger from mob disorder or mob rule or corruption in the local state,
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its justification being that an urgent that is temporarily tided over. ii) Where there is binding custom diplomats asylum is permissible. iii) Under special treaty, between territorial state and state which is represented by legation concerned. 2) Asylum in Consular Premises 3) Asylum in the Premises of International Institutions 4) Asylum in War Ships If a person after committing a crime boards a warship/ public vessel, he cannot be arrested or removed form ship by local authorities if consent to this course is refused by commander of the ship. Where consent is refused, only remedy is remedy through diplomatic challenge. Further, asylum may be granted on humanitarian grounds. If crew breaks laws ashore, it is not protected although normally local police would hand them over to ships authorities for punishment or other action, if offence is not serious or local interests are not greatly affected. 5) Asylum in Merchant Vessels Merchant vessels are not exempt from local jurisdiction and cant give asylum. 6) Asylum Due to Religious Differences Qadiani Territorial vs. Extra-territorial Asylum Definition Subject Grant Primary right Restrictions Asylum vs. Extradition

Analysis

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Nationality
Definitions
Literally, Nationality is the loyalty of an individual towards the State. Nationality is different from Citizenship and Domicile. The International Court of Justice, dealing with Nottebohm Case defined Nationality as 'A man's nationality forms a continuing state of things and not a physical fact which occurs at a particular moment... A man's nationality is a continuing legal relationship between the sovereign state on the one hand and the citizen on the other. Starke in An Introduction to International Law defined Nationality as 'the status of membership of the collectively individuals whose acts, decisions and policy are vouchsafed through the legal conception of the State representing those individuals. Oppenheim defined Nationality as the link through which an individual can enjoy the benefits of International Law.

International Importance of Nationality 1. Entitlement to diplomatic protection abroad is an essential attribute of nationality. 2. If a state does not punish or prevent a national for his criminal acts, such state may be liable without international law. 3. Covenant on Civil and Political rights 1966 no one shall be arbitrarily deprived of his right to enter his own country. 4. Nationality imports allegiance. Thus a national may have to do compulsory military service. 5. States may refuse to extradite own national. 6. Enemy status at the time of war may be determined by nationality of person concerned. 7. States may frequently exercise criminal or other jurisdiction on basis of nationality. Modes of Acquisition o Depends upon legislation of each state o Recognized modes are as follows A) By Birth: Each state provides acquisition of nationality by birth 2 Principles apply a) Jus Sanguinis b) Jus Soli i) Jus Sanguinis:(by descend) Nationality of Father (Pakistan, India) For legitimate child Nationality of Father Where Father Resides in Foreign Land Where Birth Took Place (Nationality laws of Belgium)
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Nationality of One of Childs Parents Irrespective of Sex, Legtimacy of Child (French nationality Code) Only one generation allowed transmission of citizenship by descent of father working abroad except Govt. duty (British Nationality Act 1981) Illegitimate Child Takes His Mothers Citizenship ii) Jus Soli:(By Soil, Territory) Paraguay Constitution of 1940 o It born in Paraguayan land o It born abroad of Paraguayan Parents were one of the Parents in Govt. Service of the Republic of Paraguay at the time of the birth French Nationality o It born in France and parents are unknown o If parents are foreigner and child does not acquire their nationality British Nationality Act 1981 o Abolishes Jus Soli Principle o Abuse law to give birth to child in UK for nationality o British birth certificate is no longer evidence of British Citizenship B) By Naturalisation Grant of Nationality to alien by a formal act an application of Acquisition of some other countrys nationality by a person. Certain requirements are to be fulfilled for naturalisation a) Modes of Naturalisation 1. Involuntary Hudsons View Marriage Adoption Legitimation Appointment as University Teacher Appointment as Public Servant 2. Voluntary Prolonged Residence Option of Choice A. Marriage o Traditional View Wife acquires her husbands nationality Wife loses her nationality after marriage o Modern View
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General Assembly Convention on The Nationality of Married Women 1957 Contracting marriage with alien Dissolution of marriage Change of husbands nationality during marriage Doesnt effect automatically wifes nationality B. Adoption Adopted child acquires nationality of the adopter [The British Nationality Act 1981 u/s 1(5)] C. Legitimation Legitimated child acquires nationality of his father (The British Nationality Act 1981 u/s 470) By Resumption: Relinquish and start again By Subjugation: One state conquered by another and hence nationality of its people changes By Cessation: A State is ceded in another State By Migration: To leave one country or region to settle or work for a period in another Long Service in State Legislature

C) D) E) F) G) H)

Related Cases

Liechtenstein vs Guatemala (Nottembohm Case (1955)) Belgium vs Spain (ICJ Reports 1970)

Modes of Losing Nationality 1) By Release 2) By Deprivation 3) By Renunciation 4) B Substitution 5) By long standing residence 6) Removal

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Intervention
Introduction Interpretation o Oppenheim o Explanation Types of Intervention a) Diplomatic: threat by speech b) Military: direct attack Principle of Non-intervention o View o Rules a. 2(7) b. 2(4) c. Resolution 2131 (1965) d. Panama Charter (1973) Grounds of Intervention A/ Self Defence i) Oppenheim ii) Corolive Case (1941) iii) Nuremburg Tribunal (1946) iv) Mancuria Case (Art. 51 UN Charter) v) Self Defence vi) Self-Preservation B/ Humanitarian Grounds a) Past: England, France, Russia ---- Turkey/Greek (1827) b) Present: UN Art, 3(7) C/ To Enforce Treaty Right i) England with Belgium 1939 ii) America in Cuba (1963) iii) Now u/a 2(7) UN D/ To Prevent Illegal Intervention i) England helped Portugal (1926) ii) Now E/ Balance of Powers i) Past ii) New Art. 24, Collective Security F/ Protection of Person and Property i) Past ii) Present
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G/ Collective Intervention i) Chap. III UN Charter ii) UN against Korea (1950) Congo (1961) H/ Intervention in Civil Wars i) Past: Spain War (1936-37) ii) Now: UN in Congo (1961) Concept of Domestic Jurisdiction 1. Art. 2(7) UN Charter 2. Art. 15 Covenant of League of Nations a) League Council to decide b) Prove domestic jurisdiction c) 2(7). If not covered by UN then it falls in domestic Important Doctrines o Monroe Doctrine o Drogo Doctrine Analysis

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Treaty
Ratification Art. 14, Art. 2 (1) (b) i) Definition ii) Object iii) Nature: retrospective iv) Art. 14: when required? v) Reasons for Ratification a) Sovereignty b) Lengthy Discussion c) Amendment in State d) Parliament Check vi) Is Ratification to Be Done vii) Consequences of Non-ratification Interpretation of Treaty Art. 31, 32, 33 i) Grammatical ii) Object & Context iii) Reasonable iv) Effectiveness v) Extrinsic Material vi) Treaty Law 1969 Art. 31 a) Good Faith b) Ordinary Meaning c) Context o Preamble o Annexure o Agreement leading to conclusion o Relating to conclusion d) Object / Purpose e) Subsequent Agreement f) Subsequent Practice g) Relevant Intl Roles Art. 32 a) Preparatory work and treaty b) Circumstances of Conclusion Art. 33 a) All text authoritative unless treaty says b) Other language is good only if treaty says
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c) Presumption of terms of treaty same in all d) If conflict in authentic interpretation then best reasonable interpretation shall prevail

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Blockade
Introduction Interpretation Oppenheim Starke Explanation Objectives Elements o By men of war o Act of war o Ingress / egress o Effective o Impartiality Conditions 1. Continuous 2. Effectiveness 3. Impartiality 4. G 5. Sufficient Force 6. Declaration, Notification 7. Limits of Area 8. Establishment End of Blockade i) Victory ii) Withdrawn iii) Settlement iv) Defeat v) Blockade Violated vi) Move away Ships Violation of Blockade a) US, UK notification b) France, Italy warn Kinds of Blockade A. Peaceful B. Forceful Forms of Blockade 1) Strategic 2) Long Distance 3) Blockade Defacto
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4) Military 5) Economic Consequences of Violation i) Past ii) Present Analysis

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United Nations
Introduction Historical Background United Nation legal person of Intl Law Origin of U.N i) The declaration of St. James Palace (1941) ii) The Atlantic Charter (1941) iii) The United Nations Declaration (19412) iv) Moscow declaration (1943) v) The Tehran Conference (1943) vi) Conference (1944) vii) The Yalta Conference (1945) viii) Conference Preamble of U.N Charter -we the people of united nations Legal Character of U.N Purpose of U.N To maintain Intl Peace/ Security To develop friendly relations among nations Intl c-operation in solving Intl Problems of economic, social, cultural.. To make UN for the attainment of the above common ends Principles of the United Nation o Sovereign equality of all members o Obligations to be fulfilled in good faith o Peaceful settlement of Intl disputes o Principle of Non-intervention o Assistance in common action o Non-intervention in domestic matters of state Membership o Original o Admission Withdrawal of State Member from U.N Expulsion of Member from U.N Suspension of Membership Principle Organs of U.N i) General Assembly ii) S.C iii) I.C.J iv) Trusteeship Council
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v) The Economic and Social Council vi) The Secretariat League of Nations vs. United nation i) Basis ii) Principle Organs iii) Subject iv) Furiclious v) Decision Making vi) Veto Powers vii) Withdrawal viii) Separation of Powers ix) Intervention x) Implementation xi) Human Rights xii) War xiii) N Force xiv) Scope xv) Court xvi) Civil Service xvii) New-members xviii) Regional Agreement xix) Self-defence xx) Responsibility to Give Force Assistance Analysis

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Settlement of International Disputes

Introduction Interpretation Origin of Rules and Procedure Types of Settlement 1. Amicable Means A) Arbitration Settlement i) Meaning ii) Terms iii) Selection of Arbitrator iv) Art. 15 of the Hague Convention 1899 v) History a) Jay Treaty of 1794 b) Alabama Claim Arbitration 1872 c) Adoption of Hague Convention 1899 9codified) d) Establishment of P.C of Arbitration e) Kutch arbitration 1968 (Pak-India) vi) Advantages / Disadvantages B) Judicial Settlements a) Background o P.C.I.J (League of Nations) o I.C.J (United Nation) b) Example War Criminal 1971 (Pak-India) c) Distance b/w Arbitration and Judicial C) Extra-Judicial Peaceful Settlements Negotiation Good Offices (just services) Mediation (active role by 3rd party) Conciliation (communism independent) Enquiry Under UNO Organs 2. Coercive Settlements A) Retortion 1. Meaning 2. Example 3. UNO Charter B) Reprisals
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1) Starke 2) Conditions 3) Israeli Bombardment 4) UNO Charter Prohibits 5) Friendly Relation Declaration 6) Reprisal vs. Retortion 7) Kinds C) Embargo Stop ships which are within territory D) Pacific Blockade i. Meaning ii. Kinds iii. Art. 42 UNO Charter iv. Example Cuba by USA 1962 E) Intervention F) War and Non-war Action 3. Analysis

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Diplomatic Agents
Introduction Interpretation of Terms Diplomatic Agent Receiving State Sending State Classification of Diplomatic Agents Congress of Vienna 1815 Congress of Aix-la-Chappete 1818 Vienna Convention on Diplomatic Relations 1961 .. Art. 14(1) Appointment of Diplomatic Agents Ascertainment of Acceptance Formal Acceptance on Persona Grata Reception Procedure of Diplomatic Agent o Letter of Credence o Sealed Officially o Copy to Foreign Office o Original to President/Head of State o Formal Ceremony Circumstances Under Which State Can Refuse Acceptance of Diplomatic Agents Functions of Diplomatic Agents Representation of Sending State Protection of Interests of sending State Negotiation and Mediation Ascertainment by Lawful Means the Conditions and Developments in Receiving State Promotion of Friendly Relations

Basis of Immunities & Privileges of Diplomatic Agents A/ Theory of Extra-Territoriality o Theory Deemed outside jurisdiction of receiving state Conventional Theory o Criticism Prof. Oppenheim, Fenwick Dee The Vienna Convention 1961 o Case Laws i. Bergman vs. De Sieyes (1946) (District Court of New York)
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ii.

Foreign Minister is alter ego of sovereign Ex-Party Petroff (1971) (S.C of Australia) Australian 2 citizens Russian chancery Claimed extra-territoriality Rejected Plea

B/

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