What is International Law

Set of rules/principles that govern the conduct of states/international organizations/individuals in their interactions with each other.
Public International Law: Deals majorly with states and lesser with individuals and its same for all states
Private International law: It different for some and differnt for some other states
According to international law, a married woman's nationality depends on the laws of the countries involved

Theory of Subjects of International law

Definitions

Theoris of relationship between State(municipal) Law & international law

Basis of obligation in international law

Weaknesses of international law

1. Lack of effective enforcement mechanisms:
  lacks a strong, independent enforcement body to compel states to comply
  often relying on political pressure and diplomatic sanctions which can be ineffective against powerful nations.
2. State sovereignty concerns
  Nation does not accepts international law easily when matter is about domestic affairs
3. Powerful nations manipulate law:
  Powerful nations can manipulate international law to serve their own interests, leading to unequal application
4. No legislative global body
  Unlike domestic legal systems, there is no central legislative body to create and amend international laws quickly
5. Enforcement of ruling by international court of Justice:
  not all states are subject to its compulsory jurisdiction, even when they are, enforcement of rulings can be problematic
6. Challenges with emerging threats:
  cyberwarfare, climate change, or pandemics.

Sources of international law

Rights of States in International law

Jurisdiction: States have the right to exercise jurisdiction over their territory, people, and things
Independence: States have the right to defend their independence and integrity
Organization: States have the right to organize themselves
Foreign investments:
Sovereignty
Migration: States have the right to regulate the entry and stay of foreign nationals, and grant nationality.
Human rights: States have an obligation to respect and protect the human rights of all people on their territory, without discrimination.

Grotius Father of International Law

Holland Grotius (1583-1645. 62 years)
Born in Holland. Age of 15 he took degree of Doctor of Laws(University of Leyden)
Book1(Mare Liberum) argued about maritime powers, which was strongly argued globally.
Book2(Laws of War & Peace) earned him permanent fame. International Law was 1st time built as independent branch

Theory of Grotius

War
  Causes of War. There is an objective distinction between just and unjust causes of war, and that only wars with just causes should be allowed
  Non-combatants should be protected, and unnecessary fighting should be avoided.
  A multilayered structure of norms, including religious norms, can be used to regulate war and violence
Relations between states are governed by altruism and morality.

Criticism of grotius theory

Grotius "father of international law"

He was called father of international law, due to his profound impact on the development of international law.
His work on sovereignty, international law, nature law, norms of just war informed about international legal order.
His major work(The Rights of War and Peace), is particularly notable.
His doctrine Mare Liberum in favor of the freedom of the seas is considered an antecedent of the modern law of the sea
But some argue, Grotius was one of many “fathers” of European international law.

Is International Law a True Law

Arguments in Favor(International Law a True Law):

  International Law is a Binding authority
  International law has certain procedural and substantive rules to follow.
  International law regulates certain international acts conducted worldwide
  Nations have something to use communally

Cases in which International law was regarded as law:

Arguments against(International Law a True Law): Holland, Austin, Hobbes

  International law is less organized than municipal law
  International law lacks an executive or governing entity.
  International law lacks a system of courts.

War

War is defined as a conflict between two or more states that involves armed force and the intent to overpower the other side.

Rules of war through international humanitarian law (IHL)

main goal of IHL is to reduce suffering and save lives during armed conflicts. IHL applies to all parties involved in a conflict, regardless of their authority

Rules of War: Protecting civilians, Treating detainees humanely, Restricting weapons(chemical, biological), Protecting non-combatants(Medical personal, other non-combatants), Providing safe passage for civilians, Providing access to humanitarian organizations

Gulf War(1991)

Iraq invaded kuwait and declared as its 19th province. Security council(UN) said annexation as null and void asked to revert the control.
Security council imposed sanctions on Iraq, but still it did not vacated. United States & Allies went war with Iraq and US won Iraq lost its possession on Kuwait. Under IAEA(International Atomic Energy Agency) all nuclear installations of iraq were destroyed
Security council ordered all weapons of mass destruction in possession of Iraq must be destroyed. Kuwait was also given monetary compensation for losses

Various modes of terminating War

1. Arbitration: Arbitrators sit between belligrant parties.
2. Negotiations: Negotiate on aggreable terms
3. Conciliation: the action of stopping someone being angry; placation
4. Ceasefires, truces: agreements suspend hostilities for a period of time. They can allow for the removal of wounded or sick people
5. Peace treaties: take a long time to conclude.
6. Judicial Settlement: dispute settled by international court

Diplomatic agents

Categories of diplomatic agents

1. Ambassadors & Legates (1st category): Representative of complete nation. Representative apointed by Pope are called legates
2. Envoys(2nd category): diplomats in an embassy who rank below the ambassador.
3. Chargé d'affaires minister of foreign affairs

Privileges and immunities of diplomatic agents

1. Diplomatic immunity: Protected from jurisdiction of the host country. protects them from criminal, civil, and administrative jurisdiction
2. Inviolability: Agents cannot be arrested or detained
3. Protection from harassment: protects diplomats and their families from undue harassment or coercion so they can perform their duties without hindrance.
4. Cannot be presented as witness in court
5. Not needed to pay taxes in host country
6. right to worship
7. Freedom of communication for official purpose
8. Immunity from inspection of personal baggage
9. Similar immunities to servants of agents

Blockade

Act of actively preventing a country or region from receiving or sending out food, supplies, weapons, or communications, and sometimes people, by military force.
Examples:
Israeli blockade of the Gaza Strip, Russian blockade of Ukraine, British blockade of France etc

Long-distance / binding blockade

Pacific blockade

Essential elements of blockade

1. blockade must be maintained by a force that prevents access to the enemy's coast.
2. must be maintained continuously, except for temporary interruptions due to bad weather
3. must be notified to all neutral powers and local authorities.
4. must not prevent access to neutral ports or coasts.

War Crimes

violation of international humanitarian law that occurs during an armed conflict. The Charter of the International Military Tribunal at Nuremberg codified war crimes after World War II.
War Crimes Includes:
- Intentionally targeting civilians, humanitarian aid workers, hospitals, or religious and educational buildings
- Using weapons that are not authorized by international conventions, such as chemical weapons
- taking hostages, murders
- Unnecessarily destroying civilian property
- Wartime sexual violence
- Conscripting children into the military
- Granting no quarter despite surrender

Nuremberg trials

Nuremberg Trials were a series of trials held in Nuremberg, Germany after World War II to prosecute Nazi war criminals
trials involved 177 high-ranking Nazi officials, including military personnel, judges, industrialists, SS commanders, police commanders, diplomats, and civil servants.
Adolf Hitler, Heinrich Himmler, and Joseph Goebbels could not be tried because they committed suicide at the end of the war.
Trials were held in the permanent seat of the International Military Tribunal (IMT), which was established in London on August 8, 1945.
IMT was formed by the Allied powers, which included the United States, Great Britain, France, and the Soviet Union.

Principles laid down in neuremberg trials

Neutrality

It is a legal status that describes a state's position of not participating in an armed conflict

Types of neutrality

1. Perfect and imperfect neutrality: Perfact(nor passively supports either side), imperfect(favors one side)
2. Absolute and qualified neutrality: Absolute(territorial integrity are not affected by the belligerent states), Qualified(neutral state provides direct or indirect aid to a belligerent).
3. Permanent neutrality: neutralized through an international treaty
4. Voluntary neutrality
5. Armed neutrality: A state takes military action to protect its neutral status.
6. General and partial neutrality: General(applies to an entire state), partial(part of its territory is neutral).

Purpose of law of neutrality

Limit the conduct of war
Localize war
Lessen the impact of war
Strengthen international peace and security
Develop mutually beneficial relations between countries
Provide humanitarian assistance

position of neutrality under united nations charter

1. Permissive neutrality: Allows neutrality as allows international peace and security.
2. Limited neutrality: UN Charter's Article 2(5) requires member states to assist the UN in its actions and refrain from assisting states against which the UN is taking action
3. Departure from neutrality: States can give away neutrality, if they identify the state responsible for a threat to peace or act of aggression

Rights and duties of neutral states

Rights: Neutral states have the right to stand apart from a conflict and not be adversely affected by it.
Duties:
  Preventing their territory from being used by a party to the conflict for military operations
  Not assisting a belligerent state, directly or indirectly
  Abstaining from providing war-related goods or services to the belligerent
  Exercising their rights and duties in an impartial manner towards all the belligerents

Duties of belligerent states

1. Respecting neutral space: Restrict armed forces from entering neutral space or affecting neutral states.
2. Preventing harm to neutrals: prevent injury or ill-treatment to neutral people or property.
3. Providing fair trials: fair trials to people accused of crimes, including informing them of the reason for their arrest and charging them with a specific offense.
4. Protecting civilians: protect the civilian population of occupied areas from oppression
5. Avoiding environmental damage: Must anticipate the risks of their actions.

Succession of State

A state become a sovereign state over a territory(and populace) that was previously under the sovereignty of another state.
Universal state succession occurs when 1 state is completely extinguished and its sovereignty is replaced by another states. When state is completely absorbed by another state
  Eg: korea annexed by Japan(1910), South African Republic annexed by Britain in 1901 Partial state succession occurs when the state continues to exist after it has lost control of a part of its territory. Legal personality of old state remains unfettered but its territory is lost.
  Cessasion of California to USA(1847).

Rights and duties that arise out of state succession

Political rights and duties: succeeding state is not bound by the political treaties or neutrality treaties
Local rights and duties: The succeeding state takes on the rights and duties of the former state in relation to land, rivers, roads, railways
Debts: The succeeding state is bound to pay back the public debts of the former state
Nationality: nationals of the former state become the nationals of the new state
International wrongful acts: does not take on the obligations arising from an internationally wrongful act committed by the predecessor state.

Unveiling Enemy Character

Corporation

Determining a corporation's "enemy character" involves the legal concept of "lifting the corporate veil where court can ask can disregard a company's separate legal identity to examine the true identities of its controlling individuals, essentially asking if the people behind the company are considered enemies of the state during a conflict thereby classifying the corporation as an enemy entity as well.
Corporate veil principle:
  A corporation is typically considered a separate legal entity from its owners, but in certain situations, like determining enemy character during wartime, courts can "pierce the corporate veil" to look at the actual people controlling the company.
Control test:
means examining who is in effective control of the company's decision-making and whether those individuals are considered enemies of the state.
Factors considered:
- Nationality of directors and major shareholders
- Location of the company's headquarters and primary operations
- Where key business decisions are made
- The company's business activities and relationships with enemy states

Case Example (Daimler Company v. Continental Tyre and Rubber Company):
German company(Daimler) which had subsidary in Britain, during wartime which was considered enemy.

Ships

Does vessel as belonging to a hostile nation during wartime, primarily through the principle of ship registration
Right to Visit and Search: International law permits belligerent warships to board and search neutral merchant ships on the high seas to verify their nationality and cargo
Factors Beyond Registration: nationality of the ship's owner, the destination of the cargo, and the nature of the goods being transported.
San Remo Manual: outlines the criteria for determining enemy character, providing specific guidelines for when a ship can be considered hostile

Indivisuals

International law allows belligerents to prosecute individuals from enemy countries who violate the laws of war or humanity
International Humanitarian Law (IHL) also protect people who are not or are no longer fighting in a war.

IJC(International Court of Justice)

Located in Peace Palace in The Hague, Netherlands
Composition:
This is judicial organ of the United Nations.
Made up of 15 judges who are elected to 9 year terms by the UN General Assembly and the UN Security Council ICJ does not allow more than one judge from the same country
1/3rd of the judges are elected every three years. Judges are eligible for re-election

Jurisdiction
1. Voluntary Jurisdiction: Solves disputes of all parties coming voluntarily to IJC
2. Optional Jurisdiction A state can choose to accept the ICJ's compulsory jurisdiction
2. Advisory Jurisdiction ICJ can provide non-binding legal opinions
2. Trasferred Jurisdiction In certain situations, another international tribunal can transfer a case to the ICJ Only has jurisdiction if the states involved in a dispute recognize its jurisdiction. ICJ's jurisdiction is based on consent and is often challenged by the respondent.

Functions:
- Dispute settlement: settles legal disputes between UN member states in accordance with international law.
- Advisory opinions: Providing advisory opinions on legal matters requested by authorized UN organs

United Nations

The UN has 193 member states, and all member states are members of the General Assembly The UN's purposes and principles are outlined in Chapter I of the UN Charter.

5 main Purposes of UN

Maintaining international peace and security
Promoting friendly relations
Encouraging international cooperation
Protecting human rights
Prohibiting the use of force

6 Principles of UN

Equal rights and self-determination
Prohibition of force
Providing assistance
Non-intervention in domestic affairs
Cooperation to solve international affairs
Gender equality

Security Council

Main purpose is to maintain international peace and security

Composition of security council:
Up of 15 members:
5 permanent members: China, France, Russia, UK, US
10 non-permanent members: Elected by the General Assembly for two-year terms

Contributions of security council in maintaining world peace

Cases contributed: Indonesia(1949), Indo-Pak conflict(1948,1965, 1971), Iran-Traq war, Gulf war(1991)

General Assembly

one of the 6 principal organs of the United Nations (UN), serving as policymaking, and representative organization

International Law Commission (ICL)
Estb 1947 by General Assembly, mission is to promote the progressive development of international law and its codification

Humanitarian intervention

Use of force by a state or group of states to prevent or end severe human rights violations in another state without the state's consent Humanitarian intervention is intended to be a last resort, used only in extreme circumstances. It can involve actions such as: Stopping mass murder and genocide, Preventing forced expulsions, and Ending ethnic cleansing
It's considered an attack on the sovereignty of the state being intervened in. However, the United Nations Security Council has the power to take military action to maintain international peace and security.
Example: a. 1827. Russia, England, France jointly intervened in conflict of Greece and Turkey.
b. Gulf war(1991)

Kinds of Intervention
1. External: When state intervenes in affairs of another state
2. International:
3. Punitive: Damages done by Indivisuals of state in response to intervention by other state.

Treaty in International Law

Legally binding agreement between states. Treaties can be on: peace, trade, defense, territorial boundaries, human rights, law enforcement, and environmental matters.
Treaties can be terminated/suspended by:
- A provision in the treaty
- The consent of the parties
- The innocent party of a bilateral treaty invoking a material breach
- The unanimous agreement of all parties to a multilateral treaty

Kinds of Treaties

Bilateral: Involve two countries or organizations. For example, India and the United Kingdom signed a Bilateral Investment Treaty in 1994.
Multilateral: More than two countries or organizations. Eg: Kyoto Protocol
Kyoto Protocol:
International agreement that committed 37 industrialized countries & European nations to reduce greenhouse gas emissions world's first legally binding treaty to reduce greenhouse gas emissions.
The goal was to reduce emissions by an average of 5% below 1990 levels over the five-year period 2008-2012
Some countries followed and some does not. Major emitter United Nations did not followed the treaty and still emitting.

Steps to formation of treaties

Formation of Representatives, Negotiation, Signatures, Ratification(official way to confirm something, usually by vote), attainment or acquisition of a position, Adhension

Pacta sunt servanda

Vienna Convention directly refers this pact
Means agreements must be kept It's considered one of the oldest principles of international law and is a bedrock concept for contracts and treaties
Keys points of Pacta sunt servanda:
- Binding agreements: parties must agree and bind to aggrements
- Legal action: If a party fails to meet their obligations, the other party can seek legal action for breach of contract.
- Stability and predictability: creates confidence in commercial transactions and inter-state dealings

How treaties are terminated

Mutual agreement, Specified event, Material breach(one party violates the treaty's provisions), Withdrawal(A party can withdraw from the treaty), Invalidity(declared invalid if there was fraud, errors, or corruption by state representatives)

Rebus sic stantibus allows parties to change or terminate a contract or treaty if there is a significant change in circumstances.
applies to both contracts and treaties, codified in Article 62 of the Vienna Convention

Asylum

provides protection to people who are fleeing persecution or serious human rights violations in their home country. It is a human right, and everyone has the right to apply for asylum.

Types of asylum

1. Territorial: when a state grants protection to a person within its own borders. used to protect people accused of political offenses, such as treason, espionage, desertion, or sedition.
Example: Grandting asylum to Dalai lama & his followers, Influx of refugees from bangladesh when General Yahna Khan was prosecuting

2. Extra-territorial: State may grant asylum in its embessay, public vessels, buildings. Eg: Syrian person seeking asylum in the US Embassy in Syria

Terms

Doctrine of Continious voyage

During war belligrant states are empowered to sieze contraband goods(Goods those are llegal to possess, trade, carry, or produce(Eg: Weapons, Certain exotic pets, Stolen goods))

Exclusive economic zone (EEZ)

Area of the ocean where a coastal state has certain rights and responsibilities, as defined by the United Nations Convention
Coastal state is responsible for the conservation of living resources, regulating pollution, and enforcing laws against dumping waste from ships.

Prize court

A national court that determines the legality of capturing ships and goods at sea during wartime. A prize court can order the sale or destruction of a seized ship, or return it to its owners if the seizure was unlawful.

Characteristics of prize courts:
Established by belligerent states
Prize courts also follow international law

Continental shelf

continental shelf is the seabed to a distance of 200 nautical miles from the coast.
The continental shelf is under the jurisdiction of the coastal state

Freedom of high seas

High seas are the parts of the ocean that are not within the jurisdiction of any one country

Freedom of High Seas: All states have the right to:
Sail ships on the high seas, Navigate the high seas, Fly over the high seas, Lay submarine cables and pipelines, Construct artificial islands and other installations, Fish in the high seas, Conduct scientific research in the high seas

Piracy

Any illegal act of violence, detention, or plunder committed for private ends against a ship, aircraft, or people on board:
On the high seas, In a place outside the jurisdiction of any state, With the knowledge that the ship or aircraft is a pirate ship or aircraft, With the intent to incite or facilitate an act described above

Contraband in International law

any item that is illegal to possess or sell, or that is destined for use in armed conflict

Kinds of Contraband
1. Absolute: Includes arms, munitions, chemicals, and machinery that can be used to wage war.
2. Conditional contraband: food, livestock feed, and other items that can be seized if they are destined for the enemy's armed forces.

Consequences of carrying contraband of war:
Capture of the vessel, Confiscation(Sieze) of cargo, Condemnation of the vessel

Extradition

one country surrendering a person to another country for criminal prosecution or punishment

Essentials of extradition:
- Treaties: Extradition is usually based on bilateral or multilateral treaties
- Crimes: Extradition is usually only granted if the alleged crime
- Exceptions: Most countries have exceptions for political crimes and double jeopardy. Political crimes include vote tampering or defaming a politician. Double jeopardy means that extradition will not be granted if the person has already been tried for the crime.
- Fair trials: Extradition may be barred if it is found that the requesting country will not meet fair trial standards.
- Time: average extradition involving the United States takes more than 1 year.

Examples of Extradition:
1963 Sucha Singh Case: Sucha singh murdered Pratap singh(Govt of India emp) in Nepal. Indian govt asked or extradition and nepalese govt started the proceeding
1963 Dharama Teja: He was MD of Jayanti Shipping corporation and made fraud of crores of rupees and ran from country to country, while He was in Ivory Coast, Govt of India asked his extradition(there was no extradition treaty b/w India & Ivory coast), hence he was not sent, later when he as in london and India asked for his extradition, London started the proceedings.

Law of maritime warfare in international law

Set of rules that governs armed conflicts at sea, and is a subset of international humanitarian law (IHL)
law of naval warfare balances the rights of belligerents to control the sea
law of naval warfare includes rules that protect certain vessels and aircraft, such as hospital ships, coastal rescue craft, and passenger vessels carrying only civilians.
law of naval warfare is not codified well, and that the rules may not be applicable in all circumstances

Main laws of Naval warfare:
1. Attack & seizure of enemy vessel
2. Destruction of enemy merchantman

Aerial Warfare

Military operations conducted with use of any type flying machine in airspace of belligrant nations.

Rules of Aerial warfare:
1. Aerial bombardment on civilian pvt property is not allowed
2. Aerial bombardment is only valid when it constitutes military advancements.

Belligrant Occupation

State's military forces exercise effective control over a territory belonging to another state during an armed conflict
Difference from Invasion:
Invasion refers to the initial act of a military force entering and taking control of enemy territory
Belligerent occupation describes the ongoing state of control over that territory once the invasion has occurred

Rights of belligrant occupants over occupied territories
Temporary and provisional control over occupied territory during an armed conflict, refrain from making significant changes to the existing legal system
Duties of the occupying power:
Maintaining public order, Protecting civilians, Respecting existing laws, No major changes

Unneutral service

When a neutral vessel or aircraft acts in a way that assists a belligerent state
neutral vessel or aircraft must not advance the interests of one state while harming the interests of the other
neutral vessel or aircraft does not fulfill this duty, it is considered unneutral service

Right of angary

Allows belligerent states to use or destroy neutral property during a war or armed conflict. The neutral owner is due compensation for the use of their property
Right of angary can be applied to any neutral property under the jurisdiction of a belligerent state, including: Merchant vessels , Aircraft , Cars , Other objects

Aggression

use of armed force by a state against another state's sovereignty, territorial integrity, or political independence

legal consequences of aggression
prosecution of its leaders for initiating an unlawful war. Individual Criminal Liability
State Responsibility: state committing aggression can still be held responsible for its actions include diplomatic sanctions, and other forms of international pressure

Confedration

Governmental entity that is created by independent states that agree to work together to perform certain governmental functions.

condominium

A territory where multiple sovereign powers share sovereignty and exercise their rights jointly

Vassal state

A country or region that has a mutual obligation to a more powerful state or empire Vassal state is autonomous in its internal affairs but is dependent on the other state in its foreign affairs

Protectorate state

A state that is under the protection of another state, usually in exchange for giving up some powers
The United States had protectorates in Cuba, the Dominican Republic, Haiti, Nicaragua, and Panama. India also has a protectorate in Sikkim

Territorial sovereignty

Authority and control a state has over a specific geographical area. Soverign, Federal

external rivers / International rivers

A river that flows through or between the territories of two or more countries, thus requiring cooperation between those nations to manage its water usage and access

Interoceanic canals

Artificial waterways that connect different oceans, and are considered subject to specific legal regulations regarding navigation rights

Innocent passage

allows foreign vessels to pass through a coastal state's territorial sea without hindrance, as long as it doesn't threaten the state's peace, security

contiguous zone

a maritime area that extends beyond a country's territorial sea and allows the coastal state to enforce certain laws and regulations

Right of hot pursuit

legal right in international law that allows a coastal state to pursue a foreign ship if it has reason to believe the ship has violated the state's laws

Recognition of a new state

Acknowledging a state's sovereignty and territorial integrity, and granting it legal status as a state. This usually happens when a new state emerges through: independence, secession, and dissolution of a former state

Constitutive theory of recognition
A new state only gains legal existence and the rights and duties of a state under international law when it is formally recognized by other established states

Declaratory theory of recognition
A state exists independently of recognition by other states, and that recognition is simply a formal acknowledgment of an existing state

Kinds of recognition
1. De-facto / Tacit recognition: Informal and provisional acknowledgment of a state or government. new government takes control of a state after a legitimate government loses power.
2. de jure recognition: formal, legal acknowledgment of a state or government by another state. usually expressed through diplomatic statements, official communications, or resolutions