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Marupaka Venkateshwarlu

M.A,B.Ed,L.L.B
TheLegal.co.in

Public International Law

Nationality
Nationality is the legal relationship between a person and a state Nationality affords the state
jurisdiction over the person and affords the person the protection of the state. What these rights and
duties are vary from state to state.

By custom and international conventions, it is the right of each state to determine who its nationals
are. Such determinations are part of nationality law. In some cases, determinations of nationality are
also governed by public international lawfor example, by treaties on statelessness and
the European Convention on Nationality.

Nationality differs technically and legally from citizenship, which is a different legal relationship
between a person and a country. The noun national can include both citizens and non-citizens. The
most common distinguishing feature of citizenship is that citizens have the right to participate in
the political life of the state, such as by voting or standing for election. However, in most modern
countries all nationals are citizens of the state, and full citizens are always nationals of the state.

Extradition:-
Meaning & Definition of Extradition:- Extradition is the delivery of an accused or a convicted individual
to the State on whose territory he is alleged to have committed or to have been convicted of a crime.

According to Starke, The term extradition denotes the process whereby under treaty or upon a basis of
reciprocity one state surrenders to another at its request a person accused or convicted of a criminal
offence committed against the laws of the requesting state.

According to Grotius:- It is the duty of each state either to punish the criminals or to return them to
the States where they have committed crime.

Under International Law extradition is mostly a matter of bilateral treaty. In principle each state
considers it a right to give asylum to a foreign national, thus there is no universal rule of customary

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international law in existence imposing the duty of extradition. Afamous case Music director Nadeem
who was accused of the murder of Gulshan kumar. Nadeem fled to Britain. Lack of providing sufficient
evidence England refused to extradite Nadeem

De-Facto- RECOGNITION:-
Recognition are two types, 1. De facto 2. de jure recognition.

The practice of States shows that in first stage the State generally give de facto recognition. Later on
when they are satisfied that the recognised state is capable of fulfilling International obligations, they
confer de jure recognition on it, that is why sometimes it is said that de facto recognition of state is a
step towards de jure recognition. The detail of de facto and de jure recognition is as under:-

DE FACTO RECOGNITION:- Prof. G. Schwarzenberger:- When a state wants to delay the de jure
recognition of any state, it may, in first stage grant de facto recognition.

The reason for granting de facto recognition is that it is doubted that the state recognized may be
stable or it may be able and willing to fulfil its obligations under International Law. Besides this it is also
possible that the State recognised may refuse to solve its main problems.

De facto recognition means that the state recognized possesses the essentials elements of
statehood and is fit to be a subject of International Law.

According to Prof.L.Oppenheim :- The de facto recognition of a State or government takes place when
the said State is free state and enjoys control over a certain fixed land but she is not enjoying the stability
at a deserved level and lacking the competence to bear the responsibility of International Law.

Pacta sunt servanda :-


Pacta sunt servanda (Latin for "agreements must be kept), a brocard, is a basic principle of civil
law, canon law, and international law.

In its most common sense, the principle refers to private contracts, stressing that
contained clauses are law between the parties, and implies that nonfulfillment of respective obligations
is a breach of the pact.

In civil law jurisdictions this principle is related to the general principle of correct behavior in commercial
practice including the assumption of good faith is a requirement for the efficacy of the whole
system, so the eventual disorder is sometimes punished by the law of some systems even without any
direct penalty incurred by any of the parties. However, common law jurisdictions usually do not have the
principle of good faith in commercial contracts, therefore it is inappropriate to state that pacta sunt
servanda includes the principle of good faith.

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With reference to international agreements, "every treaty in force is binding upon the parties to it and
must be performed by them in good faith."] Pacta sunt servanda is related to good faith, while pacta
sunt servanda does not equate with good faith. This entitles states to require that obligations be
respected and to rely upon the obligations being respected. This good faith basis of treaties implies that
a party to the treaty cannot invoke provisions of its municipal (domestic) law as justification for a failure
to perform. However, with regards to the Vienna Convention and the UNIDROIT Principles it should be
kept in mind that these are heavily influenced by civil law jurisdictions. To derive from these sources that
pacta sunt servanda includes the principle of good faith is therefore incorrect.

Outer Space Treaty


The Outer Space Treaty, formally the Treaty on Principles Governing the Activities of States in the
Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is
a treaty that forms the basis of international space law. The treaty was opened for signature in the
United States, the United Kingdom, and the Soviet Union on 27 January 1967, and entered into
force on 10 October 1967. As of January 2017, 105 countries are parties to the treaty, while another
24 have signed the treaty but have not completed ratification. In addition, the Republic of
China (Taiwan), which is currently only recognized by 20 UN member states, ratified the treaty
prior to the United Nations General Assembly's vote to transfer China's seat to the People's
Republic of China (PRC) in 1971.

ECOSOC
The United Nations Economic and Social Council (ECOSOC; French: Conseil conomique et social des
Nations unies, CESNU) is one of the six principal organs of the United Nations, responsible for
coordinating the economic, social, and related work of 15 UN specialised agencies, their functional
commissions and five regional commissions. The ECOSOC has 54 members. It holds one four-week
session each year in July, and since 1998, it has also held a meeting of April with finance ministers
heading key committees of the World Bank and the International Monetary Fund (IMF).

The ECOSOC serves as the central forum for discussing international economic and social issues, and for
formulating policy recommendations addressed to member states and the United Nations system. A
number of non-governmental organisations have been granted consultative status to the Council to
participate in the work of the United Nations.

Innocent passage

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Innocent passage is a concept in the law of the sea that allows for a vessel to pass
through the territorial waters of another state, subject to certain restrictions. The United
Nations Convention on the Law of the Sea defines innocent passage as this
Passage is innocent so long as it is not prejudicial to the peace, good order or security of
the coastal State. Such passage shall take place in conformity with this Convention and
with other rules of international law.
Innocent passage concedes the coastal country's territorial sea claim, unlike freedom of
navigation, which directly contests it
The law was codified in 1958 and affirmed in 1982

UNCTAD (United Nations Conference on Trade and Development)

Established in 1964, UNCTAD promotes the development-friendly integration of developing countries


into the world economy. UNCTAD has progressively evolved into an authoritative knowledge-based
institution whose work aims to help shape current policy debates and thinking on development, with a
particular focus on ensuring that domestic policies and international action are mutually supportive in
bringing about sustainable development.

The organisation works to fulfill this mandate by carrying out three key functions:

It functions as a forum for intergovernmental deliberations, supported by discussions with experts and
exchanges of experience, aimed at consensus building. It undertakes research, policy analysis and data
collection for the debates of government representatives and experts. It provides technical assistance
tailored to the specific requirements of developing countries, with special attention to the needs of the
least developed countries and of economies in transition. When appropriate, UNCTAD cooperates with
other organizations and donor countries in the delivery of technical assistance. Working at the national,
regional, and global level, our efforts help 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

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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

What Are the Sources of International Law?


Since there is no world government, there is no world Congress or parliament to make international law
the way domestic legislatures create laws for one country. As such, there can be significant difficulty in
establishing exactly what is international law. Various sources, howeverprincipally treaties between
statesare considered authoritative statements of international law. Treaties are the strongest and most
binding type because they represent consensual agreements between the countries who sign them. At
the same time, as stated in the statute of the International Court of Justice (ICJ), rules of international
law can be found in customary state practice, general principles of law common to many countries,
domestic judicial decisions, and the legal scholarship.

Treaties. Treaties are similar to contracts between countries; promises between States are exchanged,
finalized in writing, and signed. States may debate the interpretation or implementation of a treaty, but
the written provisions of a treaty are binding. Treaties can address any number of fields, such as trade
relations, such as the North American Free Trade Agreement, or control of nuclear weapons, such as
the Nuclear Non-Proliferation Treaty. They can be either bilateral (between two countries) or multilateral
(between many countries). They can have their own rules for enforcement, such as arbitration, or refer
enforcement concerns to another agency, such as the International Court of Justice. The rules concerning
how to decide disputes relating to treaties are even found in a treaty themselvesthe Vienna
Convention on the Law of Treaties (United Nations, 1969).

Custom. Customary international law (CIL) is more difficult to ascertain than the provisions of a written
treaty. CIL is created by the actual actions of states (called state practice) when they demonstrate that
those states believe that acting otherwise would be illegal. Even if the rule of CIL is not written down, it
still binds states, requiring them to follow it (Dinstein, 2004).

For example, for thousands of years, countries have given protection to ambassadors. As far back as
ancient Greece and Rome, ambassadors from another country were not harmed while on their
diplomatic missions, even if they represented a country at war with the country they were located in.
Throughout history, many countries have publicly stated that they believe that ambassadors should be
given this protection. Therefore, today, if a country harmed an ambassador it would be violating
customary international law.
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Similarly, throughout modern history, states have acknowledged through their actions and their
statements that intentionally killing civilians during wartime is illegal in international law. Determining
CIL is difficult, however, because, unlike a treaty, it is not written down. Some rules are so widely
practiced and acknowledged by many states to be law, that there is little doubt that CIL exists regarding
them; but other rules are not as universally recognized and disputes exists about whether they are truly
CIL or not.

General Principles of Law. The third source of international law is based on the theory of natural law,
which argues that laws are a reflection of the instinctual belief that some acts are right while other acts
are wrong. The general principles of law recognized by civilized nations are certain legal beliefs and
practices that are common to all developed legal systems (United Nations, 1945).

For instance, most legal systems value good faith, that is, the concept that everyone intends to comply
with agreements they make. Courts in many countries will examine whether the parties to a case acted
in good faith, and take this issue into consideration when deciding a matter. The very fact that many
different countries take good faith into consideration in their domestic judicial systems indicates that
good faith may be considered a standard of international law. General principles are most useful as
sources of law when no treaty or CIL has conclusively addressed an issue.

Judicial Decisions and Legal Scholarship. The last two sources of international law are considered
subsidiary means for the determination of rules of law. While these sources are not by themselves
international law, when coupled with evidence of international custom or general principles of law, they
may help to prove the existence of a particular rule of international law.

Especially influential are judicial decisions, both of the International Court of Justice (ICJ) and of national
courts. The ICJ, as the principal legal body of the United Nations, is considered an authoritative
expounder of law, and when the national courts of many countries begin accepting a certain principle as
legal justification, this may signal a developing acceptance of that principle on a wide basis such that it
may be considered part of international law.

Legal scholarship, on the other hand, is not really authoritative in itself, but may describe rules of law
that are widely followed around the world. Thus, articles and books by law professors can be consulted
to find out what international law is.

Recognition of States:-
The question of the legal effect of recognition of new entities claiming to be States has been
characterized for over a century by the great debate between the constitutive and declaratory
schools of thought. While the former contends that a State only becomes a State by virtue of
recognition, the latter - which is now widely accepted - argues that a State is a State because it is a State,
that is, because it meets all the international legal criteria for statehood. In the first case recognition is

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status-creating; in the latter it is merely status-confirming. International lawyers and States do not
always distinguish clearly between the requirements for recognition of an entity as a State (the criteria
for statehood) and the requirements for recognition of a State, that is, the preconditions for entering
into optional or discretionary - diplomatic, political, cultural or economic - relations with the entity (the
conditions for recognition). While the former are prescribed by international law, the latter may vary
from State to State.

In his Allgemeine Staatslehre (General Theory of the State), published in 1900, Georg Jellinek developed
the doctrine of the three elements of statehood, according to which a State exists if a population, on a
certain territory, is organized under an effective public authority. Although some authors have criticized
this definition as treating the State as a purely factual phenomenon, it is still the definition most
commonly found in State practice. There are usually two requirements regarding the element of public
authority: internally, it must exercise the highest authority, that is, it must possess the power to
determine the constitution of the State (internal sovereignty); externally, it must be independent of
other States (external sovereignty). Independence of other States refers to legal, not factual,
independence; that is, the State must only be subject to international law, not to the laws of any other
State. The capacity to enter into relations with other States which is mentioned in the definition of
State found in Article 1(d) of the Inter-American Convention on Rights and Duties of States
(Montevideo Convention) of 26 December 1933 and which has also been used in statements by various
governments is not a generally accepted element of statehood; it is merely a condition for recognition,
as it is a consequence of, and not a precondition for, statehood. Attempts in the literature to supplement
the classic factual criteria for statehood by criteria of legality regulating the creation of States (the
prohibition of the use of force or apartheid, the right of self-determination) have not been successful.

The Guidelines on the Recognition of New States in Eastern Europe and in the Soviet Union, adopted
by the EU Member States Ministers for Foreign Affairs on 16 December 1991 make recognition
dependent on the fulfillment of certain minimum standards of the rule of law, democracy and human
rights, guarantee of minority rights, respect for the inviolability of existing boundaries, acceptance of all
relevant commitments with regard to disarmament, and recourse to arbitration. Those, and similar
guidelines adopted at the time by the United States and Japan, lay down value- or interest-led political
conditions for Recognition of New States, i.e. preconditions for entering into discretionary relations,
and do not catalogue any new criteria for statehood. On the contrary, they assume the statehood of the
entities which are to be recognized.

Modes of acquiring state territory


The traditional modes of acquiring territory of a state are:
(a) discovery, (b) occupation, (c) prescription, (d) cession, (e) annexation, (f) conquest, (g) accretion and
(h) avulsion.

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Discovery is the oldest method of acquiring title to territory. However, discovery alone would not suffice
to establish legal title. It is necessary that the discovered area must be physically occupied. Related to
title by discovery is the hinterland doctrine or theprinciple of continuity. If a state has made a
settlement, it has a right to assume sovereignty over all adjacent vacant territory, which is necessary to
the integrity and security of the settlement.

Occupation is the intentional acquisition by a state over a territory which at the time of claim not under
the sovereignty of any state. There are two requirements: (1) the territory subject of claim must not be
under the sovereignty of any state (terra nullius); and (2) the state must have effectively occupied the
territory, that is, the state claiming the territory must have exercised immediate occupation (corpus
occupandi) on the territory after it displayed its intention to occupy (animus occupandi).

Prescription means continued occupation over a long period of time by one state of territory actually
and originally belonging to another state. There are four requirements of prescription: (1) the possession
must be exercised in the form of actual exercise of sovereign authority; (2) the possession must be
peaceful and uninterrupted; (3) the possession must be public; and (4) the possession must be for a long
period of time. The peaceful and continuous display is also an essential element although as compared
to occupation, prescription requires a stricter proof and longer period of the display of authority.
Moreover, any protest or objection by the losing state destroys the peaceful display of authority of the
claiming state.

The Formation of International Treaties


Abstract

This paper develops a stylized model of international treaty formation and analyzes the different
modalities with which states can become part of an international treaty according to the procedures set
forth by the Vienna Convention on the Law of Treaties. We consider the rules governing accession to
international treaties, distinguishing between three situations:

(i) Treaties for which acceptance of a new member requires unanimous approval of the
signatory states with an amendment of the original treaty agreement (closed treaties);
(ii) Treaties where acceptance of a new member is made possible through the approval by a
majority of the existing member states (semi-open treaties); and
(iii) Treaties where the original member states have agreed to leave the treaty open for
accession by other states (open treaties). Our analysis reveals the effect of the choice of
accession regimes on the evolution of the treaty membership and content.

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Freedoms of the High Seas in the Modern Law of the Sea
This chapter reviews some of the more noteworthy developments in the modern law of the sea, making
particular reference to navigational issues. The United Nations Convention on the Law of the Sea (LOSC)
contains many important provisions directly concerning or indirectly affecting the high seas. The main
provisions are to be found in Parts VII and XI of the LOSC, the latter articulating the concept of the
Common Heritage of Mankind. Important provisions are to be found in other parts such as Part XII,
concerning the protection and preservation of the marine environment, and Part XIII, concerning marine
scientific research. Article 87 of the United Nations Convention on the High Seas contained a non-
exhaustive list of four freedoms of the high seas: navigation, fishing, laying of cables and pipelines, and
overflight. This chapter also tackles nationality of ships and flag state duties, trafficking of narcotic drugs,
unauthorised broadcasting from the high seas, police right to visit and search, and right of hot pursuit.

Jurisdiction of ICJ

International Court of Justice

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 have
previously agreed, to submit to the ruling of the court; and advisory opinions, which provide
reasoned, but non-binding, rulings on properly submitted questions of international law, usually at
the request of the United Nations General Assembly. Advisory opinions do not have to concern
particular controversies between states, though they often do. ).

Unesco
United Nations Educational, Scientific and Cultural
Organization (UNESCO (French: Organisation des Nations unies pour l'ducation, la science et la
culture) is a specialized agency of the United Nations (UN) based in Paris. Its declared purpose is to
contribute to peace and security by promoting international collaboration through educational,
scientific, and cultural reforms in order to increase universal respect for justice, the rule of law,
and human rights along with fundamental freedom proclaimed in the United Nations Charter. It is the
heir of the League of Nations' International Committee on Intellectual Cooperation.
UNESCO has 195 member states and nine associate members. Most of its field offices are "cluster"
offices covering three or more countries; national and regional offices also exist.
UNESCO pursues its objectives through five major programs: education, natural
sciences, social/human sciences, culture and communication/information. Projects sponsored by
UNESCO include literacy, technical, and teacher-training programmes, international science
programmes, the promotion of independent media and freedom of the press, regional and cultural
history projects, the promotion of cultural diversity, translations of world literature, international
cooperation agreements to secure the world cultural and natural heritage (World Heritage Sites) and
to preserve human rights, and attempts to bridge the worldwide digital divide. It is also a member of
the United Nations Development Group.

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Although controversial, UNESCO's aim is "to contribute to the building of peace, the eradication of
poverty, sustainable development and intercultural dialogue through education, the sciences, culture,
communication and information".Other priorities of the organization include attaining
quality Education For All and lifelong learning, addressing emerging social and ethical challenges,
fostering cultural diversity, a culture of peace and building inclusive knowledge societies through
information and communication.
The broad goals and objectives of the international community as set out in the internationally
agreed development goals, including the Millennium Development Goals (MDGs) underpin all
UNESCO strategies and activities.

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