Marupaka Venkateshwarlu M.A,B.Ed,L.L.B
TheLegal.co.in
Public Internaonal Law
Nationality Nationality is the legal relationship between a person and a state Nationality affords the state jurisdiction oer the person and affords affords the person the protection protection of the state. !hat these rights and duties are ary fro" state to state. By custo" and international conentions, it is the right of each state to deter"ine who its nationals are. #uch deter"inations are part of n ationality law. law. $n so"e cases, deter"inations of nationality are also goerned by public international law%for e&a"ple, by treaties on statelessness and the European 'onention on Nationality. Nationality differs technically and legally fro" citi(enship, which is a different legal relationship between a person and a country. )he noun national can can include both citi(ens and non*citi(ens. )he "ost co""on distinguishing feature of citi(enship is that citi(ens hae the right to participate in the political life of the state, such as by oting or standing for election. +oweer, +oweer, in "ost "odern countries all nationals are citi(ens of the state, and full citi(ens are always nationals of the state.
Extradition:Meaning & Defnion o Extradion:- Extradion is the delivery of an accused or a convicted individual
to the State on whose territory he is alleged to have commied or to have been convicted of a crime. According to Starke !The term extradion denotes the "rocess whereby under treaty or u"on a basis of
reci"rocity one state surrenders to another at its re#uest a "erson accused or convicted of a criminal o$ence commied against the laws of the re#uesng state. According to Grous :- !%t is the duty of each state either either to "unish the criminals or to return return them to
the States where they have commied crime.& 'nder %nternaonal Law extradion is mostly a maer of bilateral treat. %n "rinci"le each state considers it a right to give asylum to a foreign naonal thus there is no universal rule of customary
Marupaka Venkateshw Venkateshwarlu arlu MA,B.Ed,LLB.
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internaonal law in existence im"osing the duty of extradion. ( a!ous case Music director )adeem who was accused of the murder of *ulshan +umar. )adeem ,ed to ritain. Lac+ of "roviding sucient evidence England refused to extradite )adeem De-Facto- RECOGNITION:/ecognion are two ty"es 0. 1e facto 2. de 3ure recognion. The "racce of States shows that in 4rst stage the State generally give de facto recognion. Later on when they are sas4ed that the recognised state is ca"able of ful4lling %nternaonal obligaons they confer de 3ure recognion on it that is why somemes it is said that de facto recognion of state is a ste" towards de 3ure recognion. The detail of de facto and de 3ure recognion is as under:1E 5(6T7 /E67*)%T%7):- 8rof. *. Schwar9enberger:- !hen a state wants to delay the de 3ure recognion of any state it may in 4rst stage grant de facto recognion.& The reason for granng de facto recognion is that it is doubted that the state recogni9ed may be stable or it may be able and willing to ful4l its obligaons under %nternaonal Law. esides this it is also "ossible that the State recognised may refuse to solve its main "roblems. 1e facto recognion means that the state recogni9ed "ossesses the essenals elements of statehood and is 4t to be a sub3ect of %nternaonal Law. (ccording to 8rof.L.7""enheim :- !The de facto recognion of a State or government ta+es "lace when the said State is free state and en3oys control over a certain 4xed land but she is not en3oying the stability at a deserved level and lac+ing the com"etence to bear the res"onsibility of %nternaonal Law.&
Pacta sunt servanda * Pacta sunt servanda
;Lan for
law canon law and internaonal law. %n its most common sense the "rinci"le refers to "rivate contracts stressing that contained clauses are law between the "ares and im"lies that nonful4llment of res"ecve obligaons is a breach of the "act. %n civil law 3urisdicons this "rinci"le is related to the general "rinci"le of correct behavior in commercial "racce > including the assum"on of good faith > is a re#uirement for the ecacy of the whole system so the eventual disorder is somemes "unished by the law of some systems even without any direct "enalty incurred by any of the "ares. ?owever common law 3urisdicons usually do not have the "rinci"le of good faith in commercial contracts therefore it is ina""ro"riate to state that "acta sunt servanda includes the "rinci"le of good faith.
Marupaka Venkateshwarlu MA,B.Ed,LLB.
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ith reference to internaonal agreements
"uter S#ace $reat The "uter S#ace $reat formally the $reat on Princi#les Go%erning te Ac%ies o States in te Ex#loraon and 'se o "uter S#ace( including te Moon and "ter )elesal *odies is
a treaty that forms the basis of internaonal space law. The treaty was o"ened for signature in the 'nited States the 'nited Aingdom and the #oiet nion on 2B Canuary 0DB and entered into force on 0F 7ctober 0DB. (s of Canuary 2F0B 0FG countries are "ares to the treaty while another 2H have signed the treaty but have not com"leted ra4caon. %n addion the /epublic of
'hina ;Taiwan= which is currently only recogni9ed by 01 N "e"ber states ra4ed the treaty "rior to the nited Nations 2eneral Asse"bly Is ote to transfer 'hina3s seat to the 4eople3s /epublic of 'hina ;8/6= in 0DB0.
ECOSOC The 'nited +aons Econo!ic and Social ) ouncil ;E)"S")J 5rench: Conseil économique et social des Naons unies )ES+'= is one of the six "rinci"al organs of the 'nited )aons res"onsible for
coordinang the economic social and related wor+ of 0G ') s"ecialised agencies their funconal commissions and 4ve regional commissions. The E67S76 has GH members. %t holds one four-wee+ session each year in Culy and since 0DDK it has also held a meeng of ("ril with 4nance ministers heading +ey commiees of the orld an+ and the %nternaonal onetary 5und ;%5=. The E67S76 serves as the central forum for discussing internaonal economic and social issues and for formulang "olicy recommendaons addressed to member states and the 'nited )aons system. ( number of non-governmental organisaons have been granted consultave status to the 6ouncil to "arci"ate in the wor+ of the 'nited )aons.
Innocent passage Marupaka Venkateshwarlu MA,B.Ed,LLB.
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Innocent passage is a concept in the law of the sea that allows for a essel to pass through the territorial waters of another state, subject to certain restrictions. )he nited Nations 'onention on the Law of the #ea defines innocent passage as this 4assage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal #tate. #uch passage shall take place in confor"ity with this 'onention and with other rules of international law. $nnocent passage concedes the coastal country3s territorial sea clai", unlike freedo" of naigation, which directly contests it )he law was codified in 5678 and affir"ed in 5680
UNCTAD (United Nations Conference on Trade and Development)
Established in 0DH ')6T(1 "romotes the develo"ment-friendly integraon of develo"ing countries into the world economy. ')6T(1 has "rogressively evolved into an authoritave +nowledge-based instuon whose wor+ aims to hel" sha"e current "olicy debates and thin+ing on develo"ment with a "arcular focus on ensuring that domesc "olicies and internaonal acon are mutually su""orve in bringing about sustainable develo"ment. The organisaon wor+s to ful4ll this mandate by carrying out three +ey funcons: %t funcons as a forum for intergovernmental deliberaons su""orted by discussions with ex"erts and exchanges of ex"erience aimed at consensus building. %t underta+es research "olicy analysis and data collecon for the debates of government re"resentaves and ex"erts. %t "rovides technical assistance tailored to the s"eci4c re#uirements of develo"ing countries with s"ecial aenon to the needs of the least develo"ed countries and of economies in transion. hen a""ro"riate ')6T(1 coo"erates with other organi9aons and donor countries in the delivery of technical assistance. or+ing at the naonal regional and global level our e$orts hel" countries to:
Diversify economies to make them less dependent on commodities
Limit their exposure to financial volatility and debt
Attract investment and make it more development friendly
Increase access to digital technologies
Promote entrepreneurship and innovation
Marupaka Venkateshwarlu MA,B.Ed,LLB.
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Help local firms move up value chains
Speed up the flow of goods across borders
Protect consumers from abuse
Curb regulations that stifle competition
Adapt to climate change and use natural resources more effectively
,at Are te Sources o Internaonal LawSince there is no world government there is no world 6ongress or "arliament to ma+e internaonal law the way domesc legislatures create laws for one country. (s such there can be signi4cant diculty in establishing exactly what is internaonal law. @arious sources however>"rinci"ally treaes between states>are considered authoritave statements of internaonal law. Treaes are the strongest and most binding ty"e because they re"resent consensual agreements between the countries who sign them. (t the same me as stated in the statute of the %nternaonal 6ourt of Cusce ;%6C= rules of internaonal law can be found in customary state "racce general "rinci"les of law common to many countries domesc 3udicial decisions and the legal scholarshi". Treaes. Treaes are similar to contracts between countriesJ "romises between States are exchanged 4nali9ed in wring and signed. States may debate the inter"retaon or im"lementaon of a treaty but the wrien "rovisions of a treaty are binding. Treaes can address any number of 4elds such as trade relaons such as the )orth (merican 5ree Trade (greement or control of nuclear wea"ons such as the )uclear )on-8roliferaon Treaty. They can be either bilateral ;between two countries= or mullateral ;between many countries=. They can have their own rules for enforcement such as arbitraon or refer enforcement concerns to another agency such as the %nternaonal 6ourt of Cusce. The rules concerning how to decide dis"utes relang to treaes are even found in a treaty themselves>the @ienna 6onvenon on the Law of Treaes ;'nited )aons 0DD=. 6ustom. 6ustomary internaonal law ;6%L= is more dicult to ascertain than the "rovisions of a wrien treaty. 6%L is created by the actual acons of states ;called !state "racce&= when they demonstrate that those states believe that acng otherwise would be illegal. Even if the rule of 6%L is not wrien down it sll binds states re#uiring them to follow it ;1instein 2FFH=. 5or exam"le for thousands of years countries have given "rotecon to ambassadors. (s far bac+ as ancient *reece and /ome ambassadors from another country were not harmed while on their di"lomac missions even if they re"resented a country at war with the country they were located in. Throughout history many countries have "ublicly stated that they believe that ambassadors should be given this "rotecon. Therefore today if a country harmed an ambassador it would be violang customary internaonal law.
Marupaka Venkateshwarlu MA,B.Ed,LLB.
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Similarly throughout modern history states have ac+nowledged through their acons and their statements that intenonally +illing civilians during warme is illegal in internaonal law. 1etermining 6%L is dicult however because unli+e a treaty it is not wrien down. Some rules are so widely "racced and ac+nowledged by many states to be law that there is lile doubt that 6%L exists regarding themJ but other rules are not as universally recogni9ed and dis"utes exists about whether they are truly 6%L or not. *eneral 8rinci"les of Law. The third source of internaonal law is based on the theory of !natural law& which argues that laws are a re,econ of the insnctual belief that some acts are right while other acts are wrong. !The general "rinci"les of law recogni9ed by civili9ed naons& are certain legal beliefs and "racces that are common to all develo"ed legal systems ;'nited )aons 0DHG=. 5or instance most legal systems value !good faith& that is the conce"t that everyone intends to com"ly with agreements they ma+e. 6ourts in many countries will examine whether the "ares to a case acted in good faith and ta+e this issue into consideraon when deciding a maer. The very fact that many di$erent countries ta+e good faith into consideraon in their domesc 3udicial systems indicates that !good faith& may be considered a standard of internaonal law. *eneral "rinci"les are most useful as sources of law when no treaty or 6%L has conclusively addressed an issue. Cudicial 1ecisions and Legal Scholarshi". The last two sources of internaonal law are considered !subsidiary means for the determinaon of rules of law.& hile these sources are not by themselves internaonal law when cou"led with evidence of internaonal custom or general "rinci"les of law they may hel" to "rove the existence of a "arcular rule of internaonal law. Es"ecially in,uenal are 3udicial decisions both of the %nternaonal 6ourt of Cusce ;%6C= and of naonal courts. The %6C as the "rinci"al legal body of the 'nited )aons is considered an authoritave ex"ounder of law and when the naonal courts of many countries begin acce"ng a certain "rinci"le as legal 3us4caon this may signal a develo"ing acce"tance of that "rinci"le on a wide basis such that it may be considered "art of internaonal law. Legal scholarshi" on the other hand is not really authoritave in itself but may describe rules of law that are widely followed around the world. Thus arcles and boo+s by law "rofessors can be consulted to 4nd out what internaonal law is.
Recognition of States:The #ueson of the legal e$ect of recognion of new enes claiming to be !States& has been characteri9ed for over a century by the !great debate& between the !constuve& and !declaratory& schools of thought. hile the former contends that a State only becomes a State by virtue of recognion the laer - which is now widely acce"ted - argues that a State is a State because it is a State that is because it meets all the internaonal legal criteria for statehood. %n the 4rst case recognion is
Marupaka Venkateshwarlu MA,B.Ed,LLB.
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status-creangJ in the laer it is merely status-con4rming. %nternaonal lawyers and States do not always disnguish clearly between the re#uirements for recognion of an enty as a State ;the criteria for statehood= and the re#uirements for recognion of a State that is the "recondions for entering into o"onal or discreonary - di"lomac "olical cultural or economic - relaons with the enty ;the condions for recognion=. hile the former are "rescribed by internaonal law the laer may vary from State to State.
%n his (llgemeine Staatslehre ;*eneral Theory of the State= "ublished in 0DFF *eorg Celline+ develo"ed the doctrine of the three elements of statehood according to which a State exists if a "o"ulaon on a certain territory is organi9ed under an e$ecve "ublic authority. (lthough some authors have crici9ed this de4nion as treang the State as a "urely factual "henomenon it is sll the de4nion most commonly found in State "racce. There are usually two re#uirements regarding the element of !"ublic authority&: internally it must exercise the highest authority that is it must "ossess the "ower to determine the constuon of the State ;internal sovereignty=J externally it must be inde"endent of other States ;external sovereignty=. %nde"endence of other States refers to legal not factual inde"endenceJ that is the State must only be sub3ect to internaonal law not to the laws of any other State. The ca"acity to enter into relaons with other States which is menoned in the de4nion of !State& found in (rcle 0;d= of the %nter-(merican 6onvenon on /ights and 1ues of States ;ontevideo 6onvenon= of 2 1ecember 0DMM and which has also been used in statements by various governments is not a generally acce"ted element of statehoodJ it is merely a condion for recognion as it is a conse#uence of and not a "recondion for statehood. (em"ts in the literature to su""lement the classic factual criteria for statehood by criteria of legality regulang the creaon of States ;the "rohibion of the use of force or a"artheid the right of self-determinaon= have not been successful. The !*uidelines on the /ecognion of )ew States in Eastern Euro"e and in the Soviet 'nion& ado"ted by the E' ember StatesN inisters for 5oreign ($airs on 0 1ecember 0DD0 ma+e recognion de"endent on the ful4llment of certain minimum standards of the rule of law democracy and human rights guarantee of minority rights res"ect for the inviolability of exisng boundaries acce"tance of all relevant commitments with regard to disarmament and recourse to arbitraon. Those and similar guidelines ado"ted at the me by the 'nited States and Ca"an lay down value- or interest-led "olical condions for !/ecognion of )ew States& i.e. "recondions for entering into discreonary relaons and do not catalogue any new criteria for statehood. 7n the contrary they assume the statehood of the enes which are to be recogni9ed.
Modes o ac.uiring state territor The tradional modes of ac#uiring territory of a state are: ;a= discovery ;b= occu"aon ;c= "rescri"on ;d= cession ;e= annexaon ;f= con#uest ;g= accreon and ;h= avulsion.
Marupaka Venkateshwarlu MA,B.Ed,LLB.
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Disco%er is the oldest method of ac#uiring tle to territory. ?owever discovery alone would not suce
to establish legal tle. %t is necessary that the discovered area must be "hysically occu"ied. /elated to tle by discovery is the hinterland doctrine or the"rinci"le of connuity. %f a state has made a selement it has a right to assume sovereignty over all ad3acent vacant territory which is necessary to the integrity and security of the selement. "ccu#aon is the intenonal ac#uision by a state over a territory which at the me of claim not under
the sovereignty of any state. There are two re#uirements: ;0= the territory sub3ect of claim must not be under the sovereignty of any state ;terra nullius=J and ;2= the state must have e$ecvely occu"ied the territory that is the state claiming the territory must have exercised immediate occu"aon ;cor"us occu"andi= on the territory aOer it dis"layed its intenon to occu"y ;animus occu"andi=. Prescri#on means connued occu"aon over a long "eriod of me by one state of territory actually
and originally belonging to another state. There are four re#uirements of "rescri"on: ;0= the "ossession must be exercised in the form of actual exercise of sovereign authorityJ ;2= the "ossession must be "eaceful and uninterru"tedJ ;M= the "ossession must be "ublicJ and ;H= the "ossession must be for a long "eriod of me. The "eaceful and connuous dis"lay is also an essenal element although as com"ared to occu"aon "rescri"on re#uires a stricter "roof and longer "eriod of the dis"lay of authority. oreover any "rotest or ob3econ by the losing state destroys the "eaceful dis"lay of authority of the claiming state.
$e /or!aon o Internaonal $reaes (bstract This "a"er develo"s a styli9ed model of internaonal treaty formaon and analy9es the di$erent modalies with which states can become "art of an internaonal treaty according to the "rocedures set forth by the @ienna 6onvenon on the Law of Treaes. e consider the rules governing accession to internaonal treaes disnguishing between three situaons: ;i=
Treaes for which acce"tance of a new member re#uires unanimous a""roval of the
;ii=
signatory states with an amendment of the original treaty agreement ;closed treaes=J Treaes where acce"tance of a new member is made "ossible through the a""roval by a
;iii=
ma3ority of the exisng member states ;semi-o"en treaes=J and Treaes where the original member states have agreed to leave the treaty o"en for accession by other states ;o"en treaes=. 7ur analysis reveals the e$ect of the choice of accession regimes on the evoluon of the treaty membershi" and content.
Marupaka Venkateshwarlu MA,B.Ed,LLB.
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/reedo!s o te 0ig Seas in te Modern Law o te Sea This cha"ter reviews some of the more noteworthy develo"ments in the modern law of the sea ma+ing "arcular reference to navigaonal issues. The 'nited )aons 6onvenon on the Law of the Sea ;L7S6= contains many im"ortant "rovisions directly concerning or indirectly a$ecng the high seas. The main "rovisions are to be found in 8arts @%% and P% of the L7S6 the laer arculang the conce"t of the 6ommon ?eritage of an+ind. %m"ortant "rovisions are to be found in other "arts such as 8art P%% concerning the "rotecon and "reservaon of the marine environment and 8art P%%% concerning marine scien4c research. (rcle KB of the 'nited )aons 6onvenon on the ?igh Seas contained a nonexhausve list of four freedoms of the high seas: navigaon 4shing laying of cables and "i"elines and over,ight. This cha"ter also tac+les naonality of shi"s and ,ag state dues trac+ing of narcoc drugs unauthorised broadcasng from the high seas "olice right to visit and search and right of hot "ursuit. Jurisdiction of ICJ
%nternaonal 6ourt of Cusce The International Court of Justice has jurisdiction in two types of cases contentious issues between states in which the court produces binding rulings between states that agree, or hae preiously agreed, to sub"it to the ruling of the court9 and adisory opinions, which proide reasoned, but non*binding, rulings on properly sub"itted :uestions ofinternational law, usually at the re:uest of the nited Nations 2eneral Asse"bly. Adisory opinions do not hae to concern particular controersies between states, though they often do.=.
'nesco United Nations Educational, Scientific and Cultural Organization ;UNESCO ; has 567 "e"ber states and nine associate "e"bers. Most of its field offices are ?cluster? offices coering three or "ore countries9 national and regional offices also e&ist. NE#'> pursues its objecties through fie "ajor progra"s education, natural sciences, social@hu"an sciences, culture and co""unication@infor"ation. 4rojects sponsored by NE#'> include literacy, technical, and teacher*training progra""es, international science progra""es, the pro"otion of independent "edia and freedo" of the press, regional and cultural history projects, the pro"otion of cultural diersity, translations of world literature, international cooperation agree"ents to secure the world cultural and natural heritage ;!orld +eritage #ites= and to presere hu"an rights, and atte"pts to bridge the worldwide digital diide. $t is also a "e"ber of the nited Nations eelop"ent 2roup.
Marupaka Venkateshwarlu MA,B.Ed,LLB.
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Although controersial, NE#'>3s ai" is ?to contribute to the building of peace, the eradication of poerty, sustainable deelop"ent and intercultural dialogue through education, the sciences, culture, co""unication and infor"ation?.>ther priorities of the organi(ation include attaining :uality Education strategies and actiities.
Marupaka Venkateshwarlu MA,B.Ed,LLB.
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