Dr Marie line Karam

Ph.d International law

International Arbitrator
A. Professor of law
Member of the International Bar Association
Vice President of the French organisation for conflict resolution

Board member of the European Scientific journal

& Journal for International Affairs and public liberties
---------------

1. Introduction to International Law:

- Definition of international law

- Sources of international law

- Subjects of IL

2. International Organizations:

- United Nations (UN) and its specialized agencies

- International Court of Justice (ICJ)

- International Criminal Court (ICC)

- World Trade Organization (WTO) and other regional organizations

3. Statehood and Territory:

- Recognition of states

- State succession and self-determination

- Territorial disputes and boundary issues

4. State Responsibility:

- Actions and omissions of states

- State responsibility for breaches of international law

- State immunity and diplomatic privileges

5. Sovereignty and Jurisdiction:

- State sovereignty and its limitations

- Principles of jurisdiction in international law

- Immunities of states and diplomatic agents

6. Law of the Sea:

- Territorial waters, exclusive economic zones, and continental shelves

- Freedom of navigation and maritime boundaries

- Protection of the marine environment

7. International Human Rights Law:

- Universal Declaration of Human Rights (UDHR)

- International Covenant on Civil and Political Rights (ICCPR)

- Regional human rights systems (e.g., European Convention on Human Rights)

8. International Dispute Resolution:

- Peaceful settlement of disputes

- Negotiation, mediation, and conciliation

- International arbitration and adjudication

 Chapter 1

Definition of Public International Law:

Public international law, also known as the law of nations, is a system of rules and principles that
govern the relationships and interactions between sovereign states and other international actors,
such as international organizations and individuals. It establishes the legal framework for addressing
issues of global concern, promoting peace, and resolving disputes among states.

Sources of Public International Law:

Public international law derives its authority from various sources, which are recognized by states as
legally binding. These sources include:

1. Treaties and Conventions:

Treaties are formal agreements between two or more states, establishing legal obligations upon
ratification or accession. These can take the form of bilateral treaties between two states or
multilateral treaties involving multiple states. Treaties play a central role in shaping and developing
international law.

2. Customary International Law:

Customary international law arises from general and consistent state practices based on a sense of
legal obligation (opinio juris). It is formed when states consistently and universally follow a certain
practice over time because they believe it to be legally required. Customary law applies to all states,
regardless of whether they have ratified specific treaties.
3. General Principles of Law:

General principles of law are overarching legal principles derived from national legal systems across
different countries. They serve as a supplementary source of international law when no treaty or
custom applies to a particular legal issue.

4. Judicial Decisions and Legal Scholarship:

Judgments and decisions rendered by international courts and tribunals, such as the International
Court of Justice (ICJ), create precedents and contribute to the development of international law.
Legal scholarship, including opinions of legal experts and writings of scholars, also plays a role in
shaping legal interpretation and understanding.

5. United Nations Resolutions and Declarations:

Resolutions of the United Nations General Assembly and the Security Council, as well as declarations
and statements issued by UN bodies, contribute to the development and interpretation of
international law. While not legally binding in themselves, they can reflect the views and consensus
of states and influence subsequent state actions.

6. Soft Law Instruments:

Soft law instruments are non-binding agreements, guidelines, principles, and codes of conduct that
provide guidance and influence state behavior. They can be developed by international organizations,
specialized agencies, or expert bodies and contribute to the formation and development of
international law.

These sources collectively form the foundation of public international law and guide the conduct and
interactions of states and other international actors in the international arena. It is important to note
that these sources are not exhaustive, and additional sources may also be recognized in specific
circumstances or contexts.

Subjects of PIL

The subjects of international law refer to the entities or individuals that have legal personality and
are recognized as having rights and obligations under international law. The traditional subjects of
international law include:

1. States: States are the primary subjects of international law. They are sovereign entities with
defined territories, populations, and governments. States have the capacity to enter into
international relations, make treaties, and be bound by international law.
2. International organizations: International organizations, such as the United Nations, the World
Health Organization, and the International Monetary Fund, are created by states and have legal
personality under international law. They can enter into agreements, participate in international
negotiations, and have certain rights and responsibilities.

3. Individuals: While individuals are not traditionally considered subjects of international law, there is
a growing recognition of their rights and responsibilities under certain areas of international law,
such as human rights law and international criminal law. Individuals can be held accountable for
certain international crimes, such as genocide, war crimes, and crimes against humanity.

4. Non-state entities: Non-state entities, such as national liberation movements, insurgent groups,
and multinational corporations, may also have certain rights and obligations under international law
depending on the circumstances and the recognition they receive from states or international
organizations.

5. Indigenous peoples: Indigenous peoples have gained recognition as distinct subjects of

international law in recent years. They have specific rights related to their lands, resources, and
cultural heritage, and are entitled to protection and respect under international law.

It is important to note that the recognition and legal status of subjects of international law can vary
depending on the specific context and the agreements or treaties they are party to. Additionally,
emerging areas of international law, such as environmental law and cyber law, may expand the scope
of subjects recognized under international law.
Chapter 2

International Organizations:

- United Nations (UN) and its specialized agencies

- International Court of Justice (ICJ)

- International Criminal Court (ICC)

- World Trade Organization (WTO) and other regional organizations

Sure, here are the functions of the mentioned international organizations:

1. United Nations (UN) and its specialized agencies:

The UN is an intergovernmental organization that aims to maintain international peace and security,
promote cooperation among nations, and address global challenges. Its specialized agencies, such as
the World Health Organization (WHO) and the United Nations Educational, Scientific and Cultural
Organization (UNESCO), have specific mandates in areas such as health, education, culture, and
humanitarian aid. They work to implement and coordinate programs and initiatives to achieve the
UN's goals.

2. International Court of Justice (ICJ):

The ICJ is the principal judicial organ of the United Nations. Its main function is to settle legal
disputes between member states in accordance with international law. The ICJ provides advisory
opinions on legal questions referred to it by authorized UN organs and specialized agencies. It plays a
crucial role in promoting the peaceful resolution of disputes and upholding the principles of
international law.

3. International Criminal Court (ICC):

The ICC is a permanent international tribunal established to prosecute individuals for crimes against
humanity, war crimes, genocide, and aggression. Its main function is to hold individuals accountable
for the most serious crimes that threaten international peace and security. The ICC operates
independently from the UN and complements national criminal justice systems, stepping in when a
state is unwilling or unable to prosecute such crimes.

4. World Trade Organization (WTO) and other regional organizations:

The WTO is an international organization that promotes global trade by establishing rules and
resolving disputes between member countries. Its primary function is to ensure a free and fair
trading system that benefits all countries, facilitates economic growth, and supports development.
Regional organizations, such as the European Union (EU) and the Association of Southeast Asian
Nations (ASEAN), have similar objectives in promoting regional economic integration, reducing trade
barriers, and fostering cooperation among member states.

These organizations play vital roles in promoting international cooperation, upholding the rule of law,
and addressing global challenges through collective action.

Cyber attack chapter before chapter 3

Chapter 3”

Statehood refers to the legal recognition of a political entity as an independent state by other states
in the international community. Recognition of states is an important aspect of international
relations and carries various implications for the rights and responsibilities of the recognized state.

Recognition of states can occur through two main processes: declaratory and constitutive.
Declaratory recognition occurs when a state recognizes another state based on its existence as a
sovereign entity, regardless of whether other states recognize it or not. Constitutive recognition, on
the other hand, occurs when a state recognizes another state based on the fact that a significant
number of other states have already recognized it.

State succession refers to the process by which a new state emerges from the territory of an existing
state. This can happen due to various reasons such as decolonization, secession, or dissolution of a
larger state. State succession involves determining the legal status of the new state and its
relationship with the predecessor state and the international community.

Self-determination is the principle that allows people or a population to determine their own
political status and form of government. It is often associated with the right of a group to secede
from an existing state and establish their own independent state. Self-determination is recognized as
a fundamental human right, but its application can be complex and subject to different
interpretations.

Territorial disputes and boundary issues arise when two or more states have conflicting claims over a
particular territory or when the exact location of a boundary between states is disputed. These
disputes can lead to tensions, conflicts, and even wars. Resolving territorial disputes and boundary
issues often involves diplomatic negotiations, international arbitration, or legal proceedings.

International law provides guidelines and principles for addressing statehood, state succession, self-
determination, and territorial disputes. However, the specific outcomes and resolutions of these
issues depend on the political will and actions of the states involved, as well as the dynamics of the
international community.

Super heavy duty important

Chapter 4

Very important: State responsibility refers to the legal accountability of states for their actions or
omissions that violate international law. It establishes the obligations and liabilities of states in their
conduct towards other states and individuals.

Actions and omissions of states encompass a wide range of behaviors, including both positive acts
and failures to act. States can be held responsible for their actions that directly violate international
law, such as aggression, human rights abuses, or unlawful use of force. They can also be held
responsible for omissions, such as failing to prevent or punish human rights violations or failing to
fulfill their treaty obligations.

When a state breaches international law, it incurs state responsibility. Very important: This means
that the state is accountable for the consequences of its actions or omissions and may be required to
provide reparations, cease the wrongful conduct, or take other appropriate measures to address the
breach. State responsibility is based on the principle that states are subjects of international law and
are bound by its norms and obligations.

Very important: State immunity and diplomatic privileges are related concepts that provide certain
protections to states and their representatives in the international arena. State immunity refers to
the principle that states are immune from the jurisdiction of foreign courts and cannot be sued
without their consent. This immunity extends to both the state itself and its officials acting in their
official capacity. Diplomatic privileges, on the other hand, grant certain immunities and privileges to
diplomats and diplomatic missions, ensuring their ability to carry out their functions without
interference.

While state immunity and diplomatic privileges are important principles of international law, they are
not absolute. There are exceptions to state immunity, such as when a state engages in commercial
activities or commits serious human rights violations. Similarly, diplomatic privileges can be waived
or revoked in certain circumstances, such as when a diplomat engages in criminal activities.

Overall, state responsibility, along with state immunity and diplomatic privileges, form an essential
framework for regulating the conduct of states in the international community and ensuring
accountability for violations of international law.
Chapter 5

Sovereignty refers to the supreme authority and independence of a state to govern itself and make
decisions within its own territory. State sovereignty is a fundamental principle of international law,
recognizing that each state has the right to exercise control over its own internal affairs without
interference from other states.

However, state sovereignty is not absolute and has certain limitations. States are expected to respect
the sovereignty of other states and adhere to international norms and obligations. For example,
states are bound by international human rights law, which places limits on their exercise of
sovereignty in order to protect the rights and freedoms of individuals within their jurisdiction.
Additionally, states are expected to comply with international humanitarian law, which regulates
armed conflicts and imposes restrictions on the conduct of states during times of war.

Principles of jurisdiction in international law determine the legal authority of a state to exercise
power and control over persons, property, and activities within its territory or beyond. These
principles help define the scope and limits of a state's jurisdiction. Some key principles include:

1. Territorial jurisdiction: A state has jurisdiction over acts and events that occur within its territory.

2. Nationality jurisdiction: A state has jurisdiction over its nationals, regardless of where they are
located.

3. Passive personality jurisdiction: A state has jurisdiction over acts committed against its nationals,
even if the acts occurred outside its territory.

4. Protective jurisdiction: A state has jurisdiction to protect its essential interests, such as national
security or public order.

5. Universal jurisdiction: Some crimes, such as genocide, war crimes, and crimes against humanity,
can be prosecuted by any state, regardless of where the crime occurred or the nationality of the
perpetrator or victim.

Immunities of states and diplomatic agents are legal protections that shield them from the
jurisdiction of foreign courts and ensure their ability to carry out their functions. State immunity, as
mentioned earlier, grants states immunity from the jurisdiction of foreign courts, except in certain
circumstances. Diplomatic immunity, on the other hand, provides diplomats and diplomatic agents
with immunity from criminal and civil jurisdiction in the host state, allowing them to carry out their
diplomatic duties without fear of harassment or interference.

These immunities are based on the principle of sovereign equality among states and the need to
facilitate diplomatic relations. However, they are not absolute and can be waived or limited in certain
situations, such as when a state engages in commercial activities or when a diplomat commits a
serious crime.

Overall, sovereignty and jurisdiction, along with the immunities of states and diplomatic agents, are
important concepts in international law that help define the rights and responsibilities of states and
ensure the effective functioning of the international system.

Chapter 6

1. Territorial waters, exclusive economic zones, and continental shelves:

Territorial waters refer to the coastal state's sovereignty extending up to 12 nautical miles from its
baseline. Within this area, the coastal state has complete authority over the waters and airspace.
Beyond the territorial waters, the concept of exclusive economic zones (EEZs) comes into play. EEZs
extend up to 200 nautical miles from the baseline and give coastal states certain rights over the
exploration and exploitation of natural resources, both living and non-living, in the water column
and on or beneath the seabed. Continental shelves are extensions of the land territory that stretch
beyond the EEZ and may hold further resources.

2. Freedom of navigation and maritime boundaries:

Freedom of navigation is a fundamental principle of the Law of the Sea. It ensures that ships from
all countries have the right to navigate and fly over waters beyond a state's territorial sea,
including international straits. Maritime boundaries determine the extent of a coastal state's
authority over the adjacent waters and help establish the rights and responsibilities of states in
terms of resource exploitation, environmental protection, and security.

3. Protection of the marine environment:

The Law of the Sea promotes the conservation and protection of the marine environment. States
are obliged to prevent and control pollution from various sources, including ships, coastal
activities, and offshore installations. There are international conventions, such as the United
Nations Convention on the Law of the Sea (UNCLOS), that outline principles and obligations for the
preservation of the marine environment. These include preventing marine pollution, managing
fisheries sustainably, and protecting vulnerable marine ecosystems.
Overall, the Law of the Sea provides a framework for establishing maritime rights and
responsibilities, ensuring freedom of navigation, regulating resource exploitation, and
safeguarding the marine environment. UNCLOS is the primary international legal instrument
governing these aspects and is widely accepted by the international community.