Introduction to International Law

Lecture # 1, 14 Sep. 2015

???????? Pollution does not respect political boundaries. ??

A person can be SA citizen and may marry at Pakistani national while choosing live in Canada. ??

The US troop while fighting in Afghanistan may have their bases in Pakistan, Oman and Georgia. ??

The Government of Pakistan may deal with a company of China having its registered offices at Sydney and Sharja. ??

A Syrian refugee may cross Budapest to reach Copenhagen. ??

Two companies having their registered offices each in Dubai and Islamabad may have an agreement to apply to ICC Rules to resolve their disputes.??

An Introduction to International Law

International Law

Public International Law

Conflict of Laws

Private International Law

Municipal Law

Domestic Law

Natural Law

Law of Nature

Positive Law

An Introduction to International Law

Different from national/municipal law

No world legislature

No world executive

No world judiciary

Foreign Element

Local Element

An Introduction to International Law

International Court of Justice is not a “world court” in the true sense of the term.

Subjects of IL

Only States may apply to and appear before the International Court of Justice. International organizations, other collectivities and private persons are not entitled to institute proceedings before the Court.

An Introduction to International Law

The Court can only deal with a dispute when the States concerned have recognized its jurisdiction. No State can therefore be a party to proceedings before the Court unless it has in some manner or other consented thereto.

An Introduction to International Law

Special agreement

Compulsory jurisdiction in legal disputes◦ The Statute provides that a State may recognize as

compulsory, in relation to any other State accepting the same obligation, the jurisdiction of the Court in legal disputes. These cases are brought before the Court by means of written applications

An Introduction to International Law

Indian Voluntary declaration◦ 18 September 1974

I have the honour to declare, on behalf of the Government of the Republic of India, that they accept, in conformity with paragraph 2 of Article 36 of the Statute of the Court, until such time as notice may be given to terminate such acceptance, as compulsory and without special agreement, and on the basis and condition of reciprocity, the jurisdiction of the International Court of Justice over all disputes other than:

An Introduction to International Law

◦ (1) disputes in regard to which the parties to the dispute have agreed or shall agree to have recourse to some other method or methods of settlement;

◦ (2) disputes with the government of any State which is or has been a Member of the Commonwealth of Nations;

◦ (3) disputes in regard to matters which are essentially within the domestic jurisdiction;

An Introduction to International Law

◦ (4) disputes relating to or connected with facts or situations of hostilities, armed conflicts, individual or collective actions taken in self-defense, resistance to aggression, fulfillment of obligations imposed by international bodies, and other similar or related acts, measures or situations in which India is, has been or may in future be involved;

Nature International Law

Domestic Law vs International Law IL vs Positive morality

(John Austin – Notion of Sovereign that can issue commands backed by sections or punishment)

◦ The concept has been Criticized due to over simplification.

Theory of consent (Auto-Limitations , Self Limitations). International System vs Domestic System

◦ Anarchical vs Hieratical

◦ International law is the body of rules which are legally binding on states in their intercourse with each other.◦ Oppenheim

Basics of International Law Basis of International Law

◦ Common consent◦ It cannot mean that all states must at all times expressly consent to every

part of the body of rules constituting international law, for such common consent could never in practice be established.