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Material and notes of International Law
De Facto and de Jure Recognition: Recognition is of two types. It may be either de facto or de jure. Recognition de facto implies that there is some doubt as to the long-term viability of the government in question. Recognition de jure usually follows where the recognising state accepts that the effective control displayed by […]
Relationship Between International Law and Municipal Law: International law is applied in the relations of the states and other subjects of international law, national or state law which is called municipal law is applied within a state to the individuals and corporate entities which are the bearers of rights and duties there under. Originally, the […]
Modes of Acquisition of Nationality: A person may acquire the nationality of a state in accordance with the rules of municipal law. It implies that municipal Law determines as to who may be a national of a particular state. The modes of acquisition of nationality are not uniform. They differ from state to state. Following […]
Nationality: Individuals of a particular nation are supposed to owe allegiance to their states. Such individuals who owe permanent allegiance to a state are known as nationals of a state. Nationality may therefore be defined as the “status of a natural person who is attached to a state by the tie of allegiance”. The term […]
Prisoners of War: Prisoner of war is a status which is given to a person captured by belligerent state during the war or in an armed conflict. All the persons captured by the belligerent do not acquire this status. Geneva Convention relative to the Treatment of Prisoners of War lays down under Article 4 […]
Introduction: Public International law is defined as body of rules which regulates relations among states. On the other hand, private international law is that branch of international law which decides what law will be applicable in dispute involving citizens of more than one nation and determines the court which will have jurisdiction to decide the […]
International Law is Oxymoronic? One of the most controversial issues that has been long debated and discussed and on which the opinions of the Jurists are sharply divided since the beginning of the science of law of nations concerns the status of international law. All the rules regulating the relations of states are part of […]
Introduction: The international community often witnesses territorial changes. New states are born out of the existing states or old states disappear by merging with other states or splitting into many new states. Revolution occurs and new government takes over. The members of international community cannot remain indifferent to these developments. It is for them to […]
Introduction: The rule regarding prisoners of war is enumerated in Geneva Convention 1949. It contains exhaustive provisions as to treatment of prisoners of war. It would apply to all cases of war even if the conflict is not of international character. The convention has provided that, all the prisoners of war must be given […]
Definitions:- Treaty is defined as “Agreements of a contractual character between states or organizations of states creating legal rights and obligations”. Oppenheim. “In nearly all the cases, the object of the treaty is to impose binding obligations on the states who are parties to it”. Starke. Elements of the Definitions:- Treaties should be in writing. […]
Introduction: Diplomatic agents are the persons who are reside in foreign countries as representatives of the state by whom they are dispatched. They provide an important link between the country which dispatch them and the country to which they are accredited. They, therefore, perform the act of diplomacy which in International Law means the methods […]
Introduction: Ordinarily, every state exercise and enjoys complete jurisdiction over all the person within its jurisdiction, but sometimes there may be cases where a person after committing crime runs away to another country. In such a situation, the state finds itself helpless to exercise jurisdiction to punish such person. The term extradition denotes whereby under […]