Public International Law
Public International Law
Public International Law
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3.
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5.
Constitution v. Treaty
Pacta sunt servanda every state has the duty to carry out in
good faith its obligations arising from treaties or other sources
of international law
5.
2.
3.
4.
Treaties or conventions
Customs
General principles of law
Decisions of courts
Writing of publicists
Treaties
Elements of a state:
1.
3.
4.
Custom
Custom is a practice which has grown up between states and
has come to be accepted as binding by the mere facts of
persistent usage over a long period of time. Ex. Principle of
exterritoriality.
Distinction between custom and usage:
Usage, while also a long established way of doing
things by states, is not couple with the conviction that
it is obligatory and right.
2.
1.
States
Classification of states:
1.
2.
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3.
1.
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3.
It must be a state;
It must be peace loving;
It must accept the obligations of the Charter;
It must be able to carry out these obligations;
It must be willing to carry out these obligations.
Suspension of Members
1.
2.
Revolution
Unification
Secession
Assertion of independence
Agreement
Attainment of civilization
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5.
Succession of Governments
6.
Chapter 6 Recognition
The admission of an entity acquiring the element of
international personality to the family of nations is dependent
on the acknowledgement of its status by those already within
the fold and their willingness to enter into relations with it as a
subject of international law.
2.
Objects of Recognition
Recognition of a state is generally held to be irrevocable and
imports the recognition of its government. Recognition of a
government, on the other hand, may be withdrawn and does
not necessarily signify the existence of a state as the
government may be that of a mere colony.
Recognition of belligerency does not produce the same effects
as the recognition of states and governments because the
rebels are accorded international personality only in connection
with the hostilities they are waging.
Kinds of Recognition
1.
2.
3.
Recognition of States
Recognition of a new state the free act by which one or more
states acknowledge the existence on a definite territory of a
human society politically organized, independent of any
existing state, and capable of observing the obligations of
international law, and by which they manifest therefore their
intention to consider it a member of the international
community
3.
2.
4.
of
the
recognition
of
states
and
Recognition of Governments
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3.
6.
7.
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Nature of Independence
Independence is not absolute freedom. It is only freedom from
control by any other state or group of states and not freedom
from the restrictions that are binding on all states forming the
family of nations.
Intervention
Intervention an act by which a state interferes with the
domestic or foreign affairs of another state or states through
the employment of force or threat of force
Instance when intervention is allowed:
1.
2.
Self-defence
When decreed by the Security Council
Chapter 10 Territory
Acquisition and Loss of Territory
How territories are acquired:
1.
2.
3.
4.
5.
By abandonment or dereliction
By cession
By subjugation
By prescription
By erosion
By revolution
By natural causes
Possession
Administration
a.
b.
Chapter 11 Jurisdiction
Cession
Personal Jurisdiction
Components of Territory
1.
2.
Territorial Jurisdiction
The general rule is that a state has jurisdiction over all persons
and property within its territory.
Exceptions to the general rule:
1.
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3.
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6.
English rule the coastal state shall have jurisdiction over all
offenses committed on board a merchant vessel, except only
where they do not compromise the peace of the port
French rule the flag state shall have jurisdiction over all
offenses committed on board the merchant vessel, except only
where they compromise the peace of the port
Archipelagic sealanes those laid on the internal waters of a
state over which foreign ships will have the right of passage as
if they were open seas