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An Introduction To International Law

This document provides an introduction to international law and outlines the objectives and contents of the document. It discusses how international law differs from national law in having no world legislature, executive, or judiciary. It describes the International Court of Justice and India's voluntary declaration accepting the court's compulsory jurisdiction with several exemptions. It also summarizes the nature and sources of international law, including conventions, customary law, general principles, and judicial decisions. The document outlines the process for adopting, signing, ratifying, and refusing ratification of treaties.

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179 views35 pages

An Introduction To International Law

This document provides an introduction to international law and outlines the objectives and contents of the document. It discusses how international law differs from national law in having no world legislature, executive, or judiciary. It describes the International Court of Justice and India's voluntary declaration accepting the court's compulsory jurisdiction with several exemptions. It also summarizes the nature and sources of international law, including conventions, customary law, general principles, and judicial decisions. The document outlines the process for adopting, signing, ratifying, and refusing ratification of treaties.

Uploaded by

Ali Faycal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
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Introduction to

International Law
Shiju M V,
Department of Policy
Studies,
TERI University,
New Delhi

Background

Pollution does not respect political


boundaries
Ecological interdependence

Objectives

To refresh certain basic concepts


about International Law
To understand the legal instruments
that have a bearing on the
environment in general and the
forestry sector in particular
To appreciate the different forms that
these instruments take and the legal
consequences of the same.

Objectives

To understand the obligations


imposed on India
To understand how these
instruments are implemented in
India

Contents

An Introduction to
International Law (Intended as a
refresher discussion)
India and International
Environmental Law
Forest Related International
Instruments

An Introduction to
International Law

Different from national/municipal


law
No world legislature
No world executive
No world judiciary

An Introduction to
International Law

International Court of Justice is not a


world court in the true sense of the
term.
Only States may apply to and appear
before the International Court of
Justice. International organizations,
other collectivities and private
persons are not entitled to institute
proceedings before the Court.

An Introduction to
International Law

The Court can only deal with a


dispute when the States concerned
have recognized its jurisdiction. No
State can therefore be a party to
proceedings before the Court
unless it has in some manner or
other consented thereto.

An Introduction to
International Law

Special agreement

Compulsory jurisdiction in legal


disputes

The Statute provides that a State may


recognize as compulsory, in relation to any
other State accepting the same obligation,
the jurisdiction of the Court in legal disputes.
These cases are brought before the Court by
means of written applications

An Introduction to
International Law

Indian Voluntary declaration

18 September 1974
I have the honour to declare, on behalf of the
Government of the Republic of India, that they
accept, in conformity with paragraph 2 of Article 36
of the Statute of the Court, until such time as notice
may be given to terminate such acceptance, as
compulsory ipso facto and without special
agreement, and on the basis and condition of
reciprocity, the jurisdiction of the International Court
of Justice over all disputes other than:

An Introduction to
International Law

(1) disputes in regard to which the


parties to the dispute have agreed or
shall agree to have recourse to some
other method or methods of settlement;
(2) disputes with the government of any
State which is or has been a Member of
the Commonwealth of Nations;
(3) disputes in regard to matters which
are essentially within the domestic
jurisdiction of the Republic of India;

An Introduction to
International Law

(4) disputes relating to or connected


with facts or situations of hostilities,
armed conflicts, individual or collective
actions taken in self-defense, resistance
to aggression, fulfillment of obligations
imposed by international bodies, and
other similar or related acts, measures
or situations in which India is, has been
or may in future be involved;

An Introduction to
International Law

(5) disputes with regard to which any other party to a


dispute has accepted the compulsory jurisdiction of
the International Court of Justice exclusively for or in
relation to the purposes of such dispute; or where the
acceptance of the Court's compulsory jurisdiction on
behalf of a party to the dispute was deposited or
ratified less than 12 months prior to the filing of the
application bringing the dispute before the Court;
(6) disputes where the jurisdiction of the Court is or
may be founded on the basis of a treaty concluded
under the auspices of the League of Nations, unless
the Government of India specially agree to
jurisdiction in each case;

An Introduction to
International Law

(7) disputes concerning the interpretation or


application of a multilateral treaty unless all the
parties to the treaty are also parties to the case
before the Court or Government of India specially
agree to jurisdiction;
(8) disputes with the Government of any State with
which, on the date of an application to bring a
dispute before the Court, the Government of India
has no diplomatic relations or which has not been
recognized by the Government of India;
(9) disputes with non-sovereign States or
territories;

An Introduction to
International Law

(10) disputes with India concerning or relating to:


(a) the status of its territory or the modification or delimitation
of its frontiers or any other matter concerning boundaries;
(b) the territorial sea, the continental shelf and the margins,
the exclusive fishery zone, the exclusive economic zone, and
other zones of national maritime jurisdiction including for the
regulation and control of marine pollution and the conduct of
scientific research by foreign vessels;
(c) the condition and status of its islands, bays and gulfs and
that of the bays and gulfs that for historical reasons belong to
it;
(d) the airspace superjacent to its land and maritime territory;
and
(e) the determination and delimitation of its maritime
boundaries.

An Introduction to
International Law

(11) disputes prior to the date of this


declaration, including any dispute the
foundations, reasons, facts, causes, origins,
definitions, allegations or bases of which existed
prior to this date, even if they are submitted or
brought to the knowledge of the Court hereafter.
(12) This declaration revokes and replaces the
previous declaration made by the Government of
India on 14th September 1959.
New Delhi, 15 September 1974.
(Signed) Swaran SINGH,
Minister of External Affairs.

An Introduction to
International Law

Nature of International Law

International law is the body of rules


which are legally binding on states in
their intercourse with each other.

Oppenheim

An Introduction to
International Law

Basis of International Law

Common consent
It cannot mean that all states must at
all times expressly consent to every
part of the body of rules constituting
international law, for such common
consent could never in practice be
established.

An Introduction to
International Law

Sources of International Law


1. The Court, whose function is to decide in accordance with
international law such disputes as are submitted to it, shall
apply:
a. international conventions, whether general or particular,
establishing rules expressly recognized by the contesting
states;
b. international custom, as evidence of a general practice
accepted as law;
c. the general principles of law recognized by civilized
nations;
d. subject to the provisions of Article 59, judicial decisions
and the teachings of the most highly qualified publicists of
the various nations, as subsidiary means for the
determination of rules of law.
Article 38 Statute of the International Court of Justice.

An Introduction to
International Law

The decision of the Court has no


binding force except between the
parties and in respect of that
particular case.

Article 59.

An Introduction to
International Law

International Conventions

Law of Treaties

An international agreement concluded


between States in written form and
governed by international law, whether
embodied in a single instrument or in two
or more related instruments and whatever
its particular designation

Art. 2 (1) (a) Vienna Convention on the Law of


Treaties, 1969.

An Introduction to
International Law

Multilateral Treaty

Bilateral Treaty

Existence of more than two parties


Between two parties

Regional Treaty

Between parties in the same region

An Introduction to
International Law

Variety of Designations

Treaties, Agreements, Acts, Conventions,


Declarations, Protocols.
The designation alone does not affect the
binding force of the instruments or its
characterization as a treaty.

Convention on Biological Diversity


Cartagena Protocol on Biosafety
United Nations Framework Convention on Climate
Change
Kyoto Protocol

An Introduction to
International Law

Adoption of a treaty

The states draw up a text


The expression of agreement with the text is
known as adoption of a treaty.

1.The adoption of the text of a treaty takes place by


the consent of all the States participating in its
drawing up except as provided in paragraph 2.
2.The adoption of the text of a treaty at an
international conference takes place by the vote of
two thirds of the States present and voting, unless by
the same majority they shall decide to apply a
different rule (Art. 9 Vienna Convention)

An Introduction to
International Law

Signature

Expresses the consent of the state to


be bound by the treaty.
It may be subject to ratification

An Introduction to
International Law

Ratification

ratification, acceptance,
approval and accession mean in
each case the international act so
named whereby a State establishes
on the international plane its consent
to be bound by a treaty

An Introduction to
International Law

Reasons for ratification

States need time before they feel able


to commit themselves to it.
The constitutions may provide for a
mechanism for undertaking
international obligations
Needs time to enact the enabling
legislations.

An Introduction to
International Law

Refusal of ratification

The ultimate right to refuse to ratify is


not impaired
A sate cannot sign a treaty and
subsequently conduct itself as if it
had no connection with it or as if its
signature were a mere act of
authentication.

An Introduction to
International Law
A State is obliged to refrain from acts which
would defeat the object and purpose of a
treaty when:
(a) it has signed the treaty or has exchanged
instruments constituting the treaty subject to
ratification, acceptance or approval, until it
shall have made its intention clear not to
become a party to the treaty; or
(b) it has expressed its consent to be bound
by the treaty, pending the entry into force of
the treaty and provided that such entry into
force is not unduly delayed.
Art. 18 Vienna Convention.

An Introduction to
International Law

International Custom
One of the primary sources of
international law

Two elements

State practice
Acceptance of the practice as obligatory

Opinio juris

An Introduction to
International Law

State Practice

Common and consistent


Uniform practice is not necessary
Sufficient degree of participation
No substantial dissent
Persistent objector

An Introduction to
International Law

Opinio juris

Feeling of obligation
Legality of the use of nuclear
weapons (1996)

An Introduction to
International Law

Implementation at the Domestic


Level

Article 51 DPSP

Promotion of International Peace and


Security

An Introduction to
International Law

Article 253

Power of the Parliament to enact a


legislation on a matter listed in the
State list

For implementing an international


convention

The Environmental Protection Act, 1986


The Biological Diversity Act, 2002.

Thank You

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