PSC401 Handouts by VUBuddy

Public International Law PSC401

Table of Contents: Page no. Lesson 1 Lesson 2 Lesson 3 Subjects of International Law ……………………………………………. Lesson 4 Lesson 5 Sources of International Law (II) ………………………………………… Lesson 6 International Law and Municipal Law …………………………………… Lesson 7 Law of Treaties ………………………………………………………….. Lesson 8 Jurisdiction ……………………………………………………………… Lesson 9 Immunity from Jurisdiction ……………………………………………… Lesson 10 Territory …………………………………………………………………. Lesson 11 Recognition ……………………………………………………………... Lesson 12 State Succession …………………………………………………………. Lesson 13 Law of the Sea …………………………………………………………… Lesson 14 Air Space and Outer Space ………………………………………………. Lesson 15 Human Rights …………………………………………………………… Lesson 16 Nuclear Law - Major Treaties ……………………………………………. Lesson 17 Nuclear law - NPT & IAEA …………………………………………….. Lesson 18 International Law on Terrorism …………………………………………. Lesson 19 International Law on Terrorism (II) ……………………………………... Lesson 20 Law of Refugees …………………………………………………………. Lesson 21 Use of Force and UN Charter …………………………………………… Lesson 22 Use of Force (Unlawful) …………………………………………………. Lesson 23 International Humanitarian Law …………………………………………. Lesson 24 International Criminal Court …………………………………………….. Lesson 25 State Responsibility ……………………………………………………… Lesson 26 Pacific Settlement of Disputes …………………………………………… Lesson 27 International Law on Siachen Issue ……………………………………… Lesson 28 International Law on Sir Creek Issue ……………………………………. Lesson 29 International Law on Kashmir Dispute …………………………………. Lesson 30 International Law and Issue of Non State Actors ……………………….. Lesson 31 International Criminal Law ……………………………………………… Lesson 32 International Law of the Sea and Pakistan ……………………………….. Lesson 33 International Humanitarian Law and Pakistan …………………………… Lesson 34 International Court of Justice Decisions …………………………………. Lesson 35 Legal Aspects of the Atlantic Case ………………………………………. Lesson 36 International Court of Justice and the Leading Judgments ………………. Lesson 37 Islamic Concept of International Law ……………………………………. Lesson 38 International Trade Laws ………………………………………………… Lesson 39 Concept of Implementing Legislation ……………………………………. Lesson 40 International law of Money Laundering ………………………………….. Lesson 41 Working of Selected United Nations Bodies ……………………………... Lesson 42 Case of a Multi-Lateral Treaty…………………………………………….. Lesson 43 Treaty Negotiations………………………………………………………. Lesson 44 Future International Law Challenges……………………………………... Lesson 45 Conclusion and Overview……………………………………………….. LESSON 01

International law comprises of a set of rules that govern the international relations between sovereign states. It can be classified into two domains i.e. public international law and private international laws and both are distinguished from each other at all times. The former relates to the laws between states, and covers almost every aspect of inter-state activity, from the laws of the use of sea, outer space, carriage of goods, civil aviation, and postal services to the transfer of money. On the other hand, the latter, which is often dubbed as conflict of laws as well, concerns relationship between individuals of two different states; for instance, divorce issues and problems pertaining to trade between individuals of two different states.

International law is the vital mechanism without which an interdependent world can not function properly and with in the bounds of law. It does not only control the states by overseeing their conduct in relation with other states, like the law prohibiting the use of armed force to settle dispute, but also maintains laws regarding individuals (e.g. human rights).

Furthermore, international law is intrinsically bound up with diplomacy, politics and conduct of foreign affairs; it is not, at all, based on an adversarial system of law, meaning thereby that many of the rules have been evolved from the practice of the states and do not bind the states in any course, which tends to make international law more flexible. Also, international law leaves a state with so many options rather than with merely one course of action, which serves as an advantage for a system so bound up with politics and diplomacy.

International law covers a wide range of laws which include the following: Refugee laws Narcotics/Drugs treaties Human trafficking Obscene publication World health treaties International trade development Agreement relating to independent guarantee and letter of credit. Protocol on road signs and signals 1947 Contract of carriage of goods by roads.

As far as the scope of international law in Pakistan is concerned, it is expanding with the passage of time. Pakistan is under an obligation to follow its international commitments arising out of any treaty, convention or international agreement, ratified by it. Further, after having ratified a treaty, it is mandatory for Pakistan to incorporate it into domestic laws by enacting implementing legislations. For instance, Dangerous Cargos Act and Maritime Zones Act, 1996 of Pakistan aim at translating its international obligations into the domestic laws. Similarly, United Nations Convention on Law of the Sea has been ratified by Pakistan and to ensure its enforcement, corresponding domestic legislation is required.

Keeping in view the need of a stable and orderly international society, the relevance and pertinence of international law is all the more emphasized. In this age of globalization and an increased degree of interdependence between different countries of the world, international law can provide a viable regime to regulate intra state relations and activities. However, it is to be noted that international law has its limitations owing to concepts like state sovereignty - a sacred norm of international law. But recent developments in the arena of international law have proved that it can play a vital role in regulating international affairs through various treaties and conventions, which upon ratification, bind the state parties to observe the same. Although, as has been said earlier, there does not exist an effective tool/forum to implement these international treaties (like the corrective measures that can be resorted to by a state against its citizens in an event of non compliance to the laws of the land), nevertheless, compliance can be ensured by means of sanctions (such as trade embargos or diplomatic cut off etc) which are of great relevance for life in the comity of nations, already becoming a global village. For example, UNSC issued 1373/01 resolution which prevents and suppress the financing of terrorist acts and 1566/04 further makes it mandatory for worldwide implementation. The importance associated to these sanctions can be traced to factors such as increased economic (trade) activity at a global level, free flow of information, formation of regional/global blocks pursuing a specific ideology/orientation, an ever increasing rate of immigration, natural as well as human resource sharing etc. All these factors have contributed to the growth of international law and at the same time highlighted the need of it. It may finally be said that starting from the limited inter state interaction between the Greek city states, international law and its need have become more relevant in the modern state system. It can help bridge the gaps of dissenting ideologies and divergent policies of sovereign states by bringing them together on a commonly agreed upon law (treaty/agreement/convention), so as to bind them into compliance and reduce friction to ensure a more orderly and peaceful world.