Composed course of Int. Law-1 i studies during MA-IR.

Part I

Law

Law is an English word it is derived from German word Lag which means Constant Unmovable, Static
and Plane. There are various definitions of law some of them are the following.

According to Aristotle:

Whatever the ruling party enacts is called law

According to John Austin:

Law is the command of sovereignty

According to Woodrow Wilson:

Law is that portion of establishing thought which has distinct & in the shape of uniforms backed by the
authority & power of state

According to Holland:

Law is general rule of external action enforced by sovereign political authority

According to J.C. Carter:

Law always has been still is and will forever continue to be custom

According to Sir Henry Maine:

Law is accepting norms of society and state has to implement those laws

He said if u wants to look the classical example of the ruler then it will be the Ranjeet Singh

According to Salmond:

The body of principles recognized & applied by the state in the application of justice

Law should be uniform. It should be universal. Its jurisdiction should be compulsory. There should be
system of course

International Law:

It is a term commonly used for referring to laws that they govern the conduct of independent nations in
their relationship with one another, it differs from other legal systems in that it primarily concerns states
rather than then private citizens.
Divisions of International Law:

There are two divisions of International Law

1. Public International Law

Concerns with states

2. Private International Law

Concerns with individuals, It is very small part of international law. 95% affairs come from public and
remaining comes from private.

Divisions of Law:

1- Municipal Law (with in the country)

2- International Law (out of the country)

Definitions of International Law:

According to Lawrence:

The rules which determines the conduct of the general body of civilized states, in their mutual
dealings

According to Oppenhein:

Law of nations or International Law is the name for the body of customary and treaty rules which are
considered legally binding by civilized states in their relations with each other

According to Clove:

By the law of nations or international law should be understood the sum of mutual obligations of
states, that is to say the duties that they must perform and rights they must defend with respect to one
& other

According to Gould:

International law is a public law even in matters involving individuals

Scope of international law:

1- Principles and rules of conduct which state feels to bound to observe in their relation to each other

2- The rules of Law relating to the functions o international institutions or the organizations in respect of
their relations with each other and their relations with states and individuals.

3- Certain rules of law relating to individuals and non-state entities

Disciplines of International Law:

The term International Law refers to three distinct disciplines

1- Public International Law:

It governs relationship between states and international entities, either as an individual or as a group. It
includes the following specific fields

a) Treaty laws

b) Law of sea

c) International Criminal law

d) International Humanitarian law

2- Private International Law:

a) It addresses the question of in which jurisdiction may a case heard.

b) The law concerning with jurisdiction applied to the issues in a case.

3- Super national law or the law of Super national Organization:

It concerns with the regional agreements where the law of nation states are inapplicable.

Types of International Law:

1- Jus-gentium (Law of Nations)

2- Jus-inter gentes (Law among states)

Is International Law a true law?

There are two opinions of this question. One of them is to maintain that international law is no law the
best thing about it is that its rules resembles the rules of law, it comprises only the rules of international
morality. This school of thought Is lead by John Austin he believed that Law is the command of
determinate human superiority

They give following reasons for rejecting the idea of international law being a law

1. International law is not the command of human superiority, there is no agency for international
legislation

2. There is no organized force like police force to enforce international law

3. The very essence of law is the presence of an impartial third party which would interpret and enforce
the law. In the case of international law such impartial arbitrator is absent. Though we have the
international courts but the basis of jurisdiction of the court is only the consent of the state. All limits
impose by sovereign state s on themselves are self impose limits and self imposed limits are no limits at
all. The International Court of Justice cannot exercise jurisdiction if a state which is party to dispute have
given its consent.

Second Opinion:

This group believes that international law is not merely a set of the rules of international morality it is
rather a perfect legal system. According to Starke who is pioneer of this school who criticizes Austins
view on the following basis

1. Law is not the command of human superiority, there are many communities in the world living under
a system of law which has never been ratified by a legislative authority

2. Starke further points out that there was no international legislature in Austins time but in the
modern time legislative body of international level have came into existence

3. Starke says that, major test of the law is its practicability. In practice all states refers to law in order to
justify their actions. States referred to international law this signifies its importance

The body of rules & regulations which regularize the mutual conduct of states in international
community, traditionally international community was mainly comprised of sovereign states only. But
the main developments during a past century have changed the very composition of international
community.

1. Many international organizations and institutions such as League of Nations, UNO, SAARC etc have
emerged and equally become part of international Community

2. Individuals have also became a part of international community so far as their rights & duties are
concern of international communities

As a result, international law is not applicable only on states mutual relations but it also is equally
related to international organizations, their functioning and individuals.

Oppenheins arguments:

Prof. Oppenhein defines law as

Body of rules of human conduct with in a community, shall be enforced by external power

According to this definition there are three essentials of law, a community, body of rules for human
conduct and Consent of that community for the enforcement of these rules by the external power.
Oppenhein believed that all the three essentials are found today in the respect of international law

Firstly, there exist a community of nations and all countries of the world are interdependent for all their
needs.
Secondly there exist rules of conduct which have grown as a result of international agreements, law
making treaties and generally agreed international customs

Thirdly, Governments of the states and public opinion agreed on the enforcement of international law, it
means that consent is present.

Oppenhein admits that central external authority for the enforcement of international law is absent but
there are two things which serve this purpose first is the pressure of public opinion and second is War

Purpose of International Law:

1. The purpose of international law include resolution of problems of a regional or global scope such as
environmental pollution or global warming

2. Regulation of areas outside the control of any one nation such as Outer Space or the High Seas

3. Adoption of common rules for multi national activities such as air transport or postal service

4. Maintain peaceful international relations when possible and resolve international tensions peacefully
when they develop

5. Prevent suffering during war and to improve the human conditions during peace time

Scope of International Law:

International law begins as a system of governing the relations of sovereign states. States have always
been the primary legal entity affected by international law

As a global system has become more complex, however, international law has come to recognize and
regulate international organizations, business, space law, non profit entities and individuals.

The emergence of international human rights law and more recently international law reflects the fact
that individuals today are direct subjects of international law in some respects.

Difference between International Law, International Comity, Municipal Law and Private International
Law:

International Law is distinct from International Comity which comprises legally non binding practice
adopted by states for reasons of courtesy.

The study of international law or public international law is distinct from private international law
because the later is concerned with the rules of municipal law of different countries where foreign
elements are involved.

The rules of international law are rarely enforced by military means or even by economic sanctions the
system is sustained by reciprocity or essence of enlightened self interest. States that breach
international law suffer a decline in credibility.
Handicaps and Limitations of International law:

International law is an independent system of law existing out side the legal orders of particular state. It
differs from domestic legal system in number of respects

1- Its resolution serves only as recommendation except in specific case and for certain purpose with in
the UN system. Such as UN budget making, admitting new members to the UN, electing new judges for
International Court of Justice etc

2- The rules of new international law are rarely enforced by military means or even by the use of
economic sanctions

3- Enforcement of international law is often difficult because nations are sovereign and independent
entities and put their own interests ahead of those of international community

4- There is no international police force or comprehensive system of law enforcement and there is also
no supreme executive authority. The UN security council may sometime use force to comply states to
adhere by their decisions but only in limited circumstances, moreover any such enforcement action can
be Vetoed by any of the five council members

5- There is no standing UN military, the force involved must be assembled from member states on an
ad-hoc basis

6- There is no system of course with comprehensive jurisdiction in international law. The ICJ jurisdiction
is founded upon the consent of states involved

7- The mechanism of enforcement is young and not well developed, enforcement may be effectively
achieved through the actions of individual states, UN agencies and International Courts

Sources of Modern International Law

Modern International Law stems from 4 main sources

1- Treaties

Treaties are written agreement between two or more sovereign states. International organizations may
also be given the capacity to make agreement either the sovereign states or other International
organizations. Treaties are known many other names like agreements, conventions, protocols, pacts or
covenants. As far as the parties intend the text to be binding, it is a treaty. Treaty may incorporate rules
of customs or developed new law.

Each member state of an international organization such as UN is free to ratify or not to ratify a treaty.
Until 20th century, treaties and conventions were bilateral. Such conventions play important part in the
development of international legal system. For example congress of Vienna with its final act of 1815
reorganized Europe after the defeat of Napoleon and also contributed to the body of International law.
The conference of Paris 1856 was convened to terminate the Crimean War. It also adopted the
Declaration of Maritime Law. This declaration also modernizes the Rights of neutrals during Maritime
War. In 1864 a conference convened in Geneva approved a convention for a proper treatment of
wounded soldier and the protection of medical staff. 1899 conference adopted a convention for Pacific
Settlement of International dispute which created the permanent court of arbitration in The Hague to
settle dispute between states.

2- Customs

Customary International Law is unwritten and derives from the actual practices of nation overtime. To
be accepted as Law the custom must be long standing, widespread and practice in uniform and
consistent way among nation. One example of customary International Law is a nations right to use the
high seas for fishing, navigation, over flight and submarines although treaties generally bind on those
countries that ratify them. Customs may be deduced from rules and statement contains entities. These
new customs may be binding on those states even on those states that did not sign or ratify the original
treaty.

Some customary international law has been codified in recent years. For example the Vienna
Convention on the law of treaties which was approved in 1969 and took effect in 1980 codifies the
customary law that treaties between sovereign states are binding on the signatories and must be
followed in good faith.

3- General Principles of International Law

The phrase General principles of International Law appeared in the statue of permanent court of the
International justice established in 1921, three years after the end of WW-I (1914-1918). The court was
directed to decide disputes on the basis of existing treaty law and customary International Law. Some of
the diplomats and lawyers drafting the statue of the court feared, however that disputes might arrives
over new international issues for which there would be no settled customs or applicable treaty. They
decided and the nation votioarg agreed, at the third source of law General Principles of law recognized
by civilized nation. In this way court would not have to refuse to settle a dispute because of the
absence of International Law. The general principles that have been applied and its successor ICJ intro
the Clean hands doctrine (It`s improper to accuse someone misconduct that be accuser has also
engaged in), the principles that the individuals should not be a judge in their own disputes and the
principles of res judicata. A case that has been decided cannot be directed.

4- International Courts and Organizations

Judicial decisions rendered by International courts are important elements in identifying and confirming
International legal rules. The most important International courts are the UN ICJ and the International
Criminal Court. The later prosecutes individuals for genocide, war crimes and others serious crimes of
International concern. Resolution and decisions of the UN and other International organization now
have a great impact on the views and practices of sovereign states sometime leading to rapid formation
of International court. States have given a very few international organization, such as the EU, the
power to enact directly binding measures.

In some instances the UN has organized conferences to discuss major International issues or through
negotiate treaties without prior to proposal by the International Law Commission. The most important
example was the 3rd UN Conference on the Law of the Sea, which terminated its works in 1982. Another
example is 1992 conference on Environment Development held in Rio de Janerio (Brazil) and informally
known as Earth Summit.

The landmark in the development in the International Law occurred in 1998 at a UN diplomatic
conference in Rome when 120 countries adopted a treaty establishes worlds 1st permanent
International Criminal Court. The court was formally established in 2002. It works independently of the
UN.

Subjects of international Law:

Traditionally international law is defined as a system of law applicable to the relations between states
only. This definition is not accepted by many authorities (experts of international law) according to them
non-state entities and individuals also came within the preview of international law. The centre of the
controversy is the position of individuals in international law, even in classical international law before
the post war developments, slaves and pirates were also treated to be within the preview of
international law.

Individuals as a subject of international law:

Amongst those who holds that individuals are the subjects of international law Prof. Kelsen and Westalk
are the most prominent. The later suggests the duty and rights of states are the only the duty and rights
of person who compose them. According to this view there is no distinction between state law and
international law. These systems bind individuals in different way. Apart from this theoretical discussion
there are number of instances where it can be shown that international law is concerned with
individuals. Nuremburg (Germany) and Tokyo Trials of the criminals of WW2 were tried under
international law. The trial commission observed person could be guilty against the peace and security
of mankind, Genocide convention adopted by the UN General Assembly clearly provided that persons
community criminal acts should be punished whether they are constitutional responsible rulers, public
officials or private individuals.

There are certain international statutes and declarations confer rights on individuals. For example;

1- UN Charter article no. 1

2- European convention for the protection of human rights and fundamental freedom

3- Permanent Court of International Justices ruling in Denzing Companys Case

This rule that individual cannot approach international tribunals also have many exceptions, for example
on following occasions individuals were allowed to present them self before tribunals,

a) Polish-German Convention 1922

b) Instituted under the treaty of Versailles

c) Treaty creating Coal & Steel community 1951

d) European Economic Community (EEC) 1957

e) European Atomic Energy Community (EAEC) 1957

f) UN administrative tribunals

Scope of International Law has widened over subjects other than states, including individuals and non-
state entities. Following are the example;

1- International Institutions:

Modern international law set rules on several international institutions like UNO, ILO, WHO etc

2- International Criminal Law:

There are several conventions that prescribe punishments for individuals & states committing
international offences like The Geneva Conventions regarding international drug trafficking 1936

3- Treaties concerning international minorities & individuals:

These treaties made it possible for individual to approach international tribunals e.g. Articles 297, 394 of
the Treaty of Versailles.

4- Non-State Entities:

Up till near past territories not attained full status of a state like colonies and protectorates have been
regulated by several law making conventions.

5- Insurgents:

Who are a group of individuals and who do not constitute a state are granted certain rights.

Place of Individual in International Law:

Some of the provisions of international law under which rights have been conferred upon individuals
and obligations have been impose upon them are following

1- Pirates:
Under international law pirates are treated as enemies of mankind, hence every state is entitled to
apprehend and punish them

2- Harmful acts of individuals:

Under international law there are several provisions which provide that persons committing act harmful
to humanity may be punished. International intellectual property rights law is one example.
International law regarding terrorism and use of explosives is an other example

3- Foreigners:

International law also regulates the conduct of foreigners. According to international law it is

the duty of each state to ensure same rights as its own citizens

4- War Criminals:

War criminals can be punished under international law, Nuremburg and Tokyo trials are the example

5- Espionage:

It is a crime under the international law, when the spies are apprehended they can be punished

6- Rights to compensate and damages:

Citizens have right to claim compensation for damages done by anyone for example the Article 297 of
Treaty of Versailles provided that any individual could file suits against Germany for compensation for
damages caused during WWI

7- Provisions of UN Charter:

The UN charter has also recognized the rights of individuals, the preamble of UN Charter says We the
people of UN.

Besides this the UN adopted the Universal Declaration of Human Rights in 1948.the declaration
mentioned in detail the fundamental rights & freedom of the individuals. In 1948 the General Assembly
of UN adopted the Genocide Convention

8- Petition against one state:

The international Covenant of Human Rights 1966 and optional protocols confers some rights directly
upon individuals. These have enabled the individuals to file petition even against their own state. As
regarded the international personality of individuals Korovicz observes, inspite of all setbacks during the
implementation of the concept of international personality of individual in the practice of international
law. This idea holds with in itself favorable prospects for future.

These and other developments of recent years appear to show that the theory, that states are the
exclusive subject of international law cannot be accepted

According to Starke:

He admits that the bulk of international law consisted of rules which binds states and it is only in a
minority of cases that lawyer have to concern themselves with the individual and non state entity as a
subject of international law

Relationship between International law & Municipal Law:

According to Kelsen:

He observes that national or municipal law regulates the behavior of individual within the boundaries of
state and is concerned only with the domestic affairs of a state. On the other hand international law is
primarily concerned with relation between other states, In other words its main concern is foreign
affairs

There are many theories that explain the relationship between two bodies of law. Most important of
these theories are being discussed in the following lines

1- Monistic Theory

Its maintain that the subjects of the two systems are essentially one, in as much as international law
conducts the affair of the state and municipal law conducts the affair of individuals who without state
have no separate entity. According to this view law is essentially a common binding upon the subjects
which is one case state and in the other case individuals.

Dugit take a step further and holds that subjects of International Law are not state but directly the
citizen because both the system have their origin in a Higher Law founded on the principles of right
and wrong.

2- Dualist Theory

According to dualist theory the system of International Law and Municipal law are separate and self-
contained because the rules and procedure of one do not apply on the other.

It is important to note that Kelson prefer to call it Pluralistic theory. Oppenheim observes that the two
systems of International Law are separate bodies of legal norms, emerging in part, from different
sources comprising different subjects and having application to different objects. Another difference is
the element of sovereign. Municipal Law is sovereign over citizens while the international law applies to
entities which are themselves sovereign.
Anzilotti differentiate international law from the municipal law on the basis that the former is based on
the principle of Pacta-Sunt-Sarvanda which means that agreement between states are to be respected.
It is not only principle of forceful implementation by the sovereign authority.

3- Transformation Theory

According to transformation theory, It is transformation of the treaty into national legislations which
alone validates its extension to individual. Extradition Act of England is one example. Critics of the
theory say that the transformation of the treaties into municipal laws is not uniform in our countries.
Furthermore some treaties are self-operating and dont require transformation

4- Delegation Theory

According to this theory there is a delegation of right to every state to decide for itself when the
provision of a treaty or convention are come into force and in what manner they are to be embody into
municipal law. For example British judge Lord Dunedin observed International Law so far as this court is
concerned is the body of doctrine regarding the intervention rights and duties of state which have been
adopted and make part of the law of Scotland.

Practices of state regarding application of law in municipal sphere:

British Practice:

The British practice draws a distinction between customary rules on international law and law laid down
by treaties, so far as their cooperation in municipal sphere is concerned British Judge Blackstone
observes in Europe in 1765 that law of nations is here adopted in its full extent by the common law and
it is hence is a part of the law

Earlier in 1764 Lord Mansfield observes that the law of nations in its full extent is and forms part of the
law of England, but in the later period a ruling of the Chief Justice Cock born caused the passing of the
territorial water jurisdiction in 1878, which gave English courts jurisdiction over offences committed in
Englands territorial waters, this act extended the authority of the British government to certain criminal
acts not already covered by authority under international law.

To a certain extent treaties do not form part of the law of the England unless expressly asserted by the
parliament, acts of executive of state e.g. Declaration of war cannot be questioned by the British Courts,
although such acts may be contrary to the established practices of international law

Practice of USA:

The US constitution gives supreme importance to the treaties. Article 6 of the constitution provides;

All treaties made, or shall be made under the authority of the US shall be the supreme law of the land

Other states:
 Many states treat customary rules of state lawas binding provided these rules are not in conflict with
their municipal law

Many states treat customary rules of law as binding even if these rules conflict with their municipal
law

International law in the operation of municipal law:

International Law is the is the supreme in the sense that no state can plead a case before an
international tribunal on the basis of international law

The rules of municipal law how ever can be invoked before an international tribunal in the following
case

1- Denial of justice by municipal courts

2- Municipal law of the civilized nations is an establish source of international law

3- This is the duty of every state to pass necessary legislation to fulfill its international obligation

Concept of Opposability

The concept of opposability in international law implies two major things

1- When a domestic rule, institution or regime is in accordance with international law and valid under
the constitutional law of state, the state can contest a claim of another state on the basis of this law

2- If such domestic rule, institution or regime is not in accordance with an international law it can never
be pleaded to defeat the claim of other state, although the such claim of institution or regime may be
valid in domestic sphere

States as a subject of International Law

Under the Montevideo Convention of 1933, the states have been defined as persons of international law
having following qualifications

1- Permanent population

2- Defined Territory

3- Government

4- A capacity to enter into relations with other states

States are of many kind specially mentionable are microstates, which is an entity exceptionally small in
area

Micro States
Tuvalu whose area is 25 sq. km and population is 10,000. Vanuatu another microstate whose area is
12000 sq km and its population is 25000. Comoros is a Muslim state whose area is 2200 sq km and its
population is 100000.

Under the charter of UN Article 4, a state to be admitted as a member of UN should have ability to fulfill
their obligation to the UN and to the international community. Therefore the admission of such micro
state with their limited population and resources may not qualify for membership. These states are
however provided some kind of access to the UN

1- Right of access to International Court of Justice

2- To participate in an appropriate UN regional economic commission

3- To participate in some of the specialized agencies

Fundamental rights and duties of state:

A group of theorists holds that states are required to fulfill certain obligation and are endowed with
certain rights under natural law exactly in the same manner as the individuals are, this group is called
Naturalists. Apart from naturalists there are other groups as well, who fix a universal standards of rights
and duties of the states

Basic rights and duties of the states

1- Sovereignty and Independence

2- Equality

3- Right of territorial Jurisdiction

4- Right of self defense and self preservation

Duties and Obligations of the states

1- Duties of not resorting to war

2- Duty of carrying out treaty obligations

3- Duty not to perform act of sovereignty in the territory of other state

4- Duty to abstain and prevent agents and subjects from committing acts of derogation of territorial
sovereignty of other states

5- Duty not to interfere in affairs of other state

Concept of sovereignty of states

According to Jean Bodin

Supreme power of citizen and subject unrestricted by law

This definition represents the classical old legislative view of states sovereignty. Today we define
sovereignty as the power, the state possess within the limits laid down by international law. In the
modern world following rights are associated with the states sovereignty

1- Exclusive power to control its own domestic affairs

2- exclusive power to admit and expel aliens

3- To claim privileges for its diplomats and envoys in other countries

4- To exercise jurisdiction over crime committed with in its territory

What is Intervention?

Hyde defines intervention as dictatorial interference. Therefore intervention under international law
mean an act of state which

1- Is in opposition to will of the affected state.

2- Is performed in such a way as to impair the political independence of affected states.

Kinds of Intervention

1- Internal Intervention

Intervention of the state in the affair of another state in the case of dispute within the two factions of
the state either in the favor of legitimate authority or an insurgent group is called internal intervention.

2- External Intervention

When two states or groups of state are at war, state which is not so far party to the dispute joins war in
the favor of one state or group of state its action is called external intervention. For example Italy
entered WWII on the side of Germany against Great Britain.

3- Punitive Intervention

A pacific blockade institutive against a state in retaliation for a gross breach of treaty is called Punitive
Intervention.
4- Subversive Intervention

Propaganda or other activity by one state with intention of fomenting for its own purposes, revolt or
civil strife in another state is called Subversive Intervention.

Legal Intervention

There are certain kinds of intervention which are legally permitted under UN Charter and other
international protocols. These kinds are called permitted intervention. Legal intervention is permitted in
following circumstances.

1- Intervention by a Guardian state in the affairs of a protectorate or dominion.

2- Collective intervention under UN Charter.

3- Intervention to protect the rights, interests and personal safety of citizens in a state.

4- Intervention by a state to protect the rights, interest and personal safety of its citizens abroad.

5- Intervention in self-defense if it`s necessary to meet the danger of all attack.

6- If a state has been unlawfully intervened, it can intervene to protect itself.

Intervention under UN Charter

Before the Spanish Civil War 1936-38, it was considered that if a revolution or civil war caused danger or
threat to the safety of another state, the threatened state can intervened in the affairs of the state
under civil war. India attack East Pakistan on the same plea.

But under UN Charter, this type of plea seems to be doubtful. For example, In 1956, Britain and France
intervened in the Suez-Canal Zone on the ground that the conflict between Egypt and Israel would
threaten their security and interest. This plea was not approved at international level and their
intervention was considered to be a breach of UN Charter.

Limits to the doctrine of equality of state

It must be noted that while the states are legally equal, they are not, and cannot be politically equal.
There are many factors that limits the equality of states, most important are the followings

1- Voting procedure

Under the command of League of Nation all states were granted equal rights to vote and decisions were
made on principle of unanimity, under this system virtually every state had a Veto power. This principle
proved to be impracticable and was an important cause of Leagues failure. Keeping in view the past
experience the framers of the UN Charter granted Veto power to the five politically most influenced
states of the world. Other states (nearly 190 in numbers do not enjoy this privilege)

2- Diplomatic Protocol
Although theoretically all states have equal status yet the diplomatic representative of certain states are
designated as ambassadors and they enjoy high diplomatic privileges than the representatives of smaller
states who have a lower status of ministries.

3- Financial strength

Bigger and more affluent states contributed more funds to the UN and its agencies, naturally these
states are in a position to exert more pressure on these agencies and through them on smaller and
weaker states. Influence, USA exercises through IMF & World Bank is striking example. Same is the case
with regional organizations

Neighborly Obligations of the states

As a rule the principle of the absolute independence (sovereignty) has been qualified many practical
restrictions. In principle a state is absolutely independent but, it should not permit the use of its
territory for the purposes injurious to the interests of other state. This principle was established in the
Corfu Channel Case 1949. In this case the International Court of Justice held that the Albanian
government be aware of the existence of mine fields in its territorial borders in the Corfu Channel was
under obligation to notified and warn approaching British Naval Ship of danger, it was further held that
as the Albanian government failed in its duty, it was liable to pay compensation to the British
Government for damages caused by the explosion. The court has recorded the principle in the following
words, every state is under the obligation;

Not to allow knowingly its territory to be used for acts contrary to the rights of other states

This principle was also adopted in the resolution passed by the UN General Assembly in 1947, the
resolution condemned propaganda, provoking or encouraging threats to peace, breach of peace or act
of aggression.

Peaceful Co-existence

Associated with the principle of neighborly obligation is the concept of Peaceful Co-existence. This
concept has been already laid down in the UN Charter. Many treaties concluded among states elaborate
it further, E.g. Treaty of Tibet signed by India and the People Republic of China on April 24, 1954. Lays
down the following five principles of Co-existence

1- Mutual respect for each others territorial sovereignty and integrity

2- Mutual non-aggression

3- Mutual non interference in each others affairs

4- Equality and mutual benefits

5- Peaceful Co-existence

Nuclear Non Proliferation

Weather all sovereign states have unlimited right to acquire nuclear proficiency and test nuclear
devices, it is controversial question of international law. One opinion maintains that this is a states
sovereign right to conduct nuclear experiments in the interest of the security and defense

The second opinion maintains that nuclear experiments may cause pollution of the atmosphere that
may be hazardous for human health and life, so there should be ban on nuclear tests. Probably the
solution may be provided by conceding such rights to states provided they undertake to give due
warning and take reasonable care to prevent hazards.

Different Kinds of State

For the purpose of international law, we are not concerned with the study of states with respect to their
system or forms of government. But there are certain cases where the nature of the state might be
relevant to determine its status under international law. We shall study only these cases.

1- Confederation

A confederation is a union of independent states bound together by an international agreement. A

confederation is not a state under international law. The member states alone are treated as member of
international community.

2- Federation

A federal state is different from a confederation as its central authority exercises jurisdiction over the
territory of federating units directly and simultaneously along with the government of the federating
units. The confederation has no such direct jurisdiction. Members of confederal states have a right to
secede but federating unit under federal states doesnt enjoy this right. For the purpose of international
law it`s the federal state which is a real state. The federating units have no international status.

3- Vassal and Protectorate State

A vassal state is one which is completely under the suzerainty of another state. The case of protectorate
arises when the state put itself under the control of a stronger state under the treaty. The affair
managed by the protector states are determined by the treaty conditions although not completely
independent. A vassal state is still treated as a state under international law.

4- Condominium State

A condominium comes into being when two or more power exercises joint authority over a particular
territory. An example is New Hebrides. In this case of condominium, controlling states exercise authority
in different matter. The state itself is not divided into two parts.

5- Commonwealth of Nations
There is only one example of a commonwealth of nations which is British Commonwealth. The British
Commonwealth is neither a federation nor a super state. It`s based on the following principles

1. It is an association of free and equal independent states.

2. The commonwealth does not exercise direct jurisdiction over the territory of its member states.

3. All members are sovereign in every sense.

4. All member states are free to form their foreign policy independently.

5. All states enter into treaties independently.

6. A High commissioner represents one commonwealth state into another commonwealth states.

7. All commonwealth states are members of the United Nation.

Trust Territories

The Charter of UN as introduce a new system of trusteeship. The system was managed by a UN Agency
the Trusteeship Council. The system was applicable to the following categories of states.

1. Former mandated territory.

2. Territory taken from enemy states as a result of WW-II.

3. Territories voluntarily placed under the trusteeship by the states responsible by their administration.

The Charter provides that the trust territories are to be supervised & administered under the
trusteeship agreement conducted by the UN. Its aim has been laid down in the following words.

Progressive development towards self-government or independence

Rights of Trust Territory

Under the UN Charter the Trust Territory has following rights.

1. The administrating countries cannot claim title of sovereignty over the states.

2. The UN has also does not claim sovereignty over the states.

3. When a dispute arises among the administrating state and the trust state it will be referred to the
international court of jurisdiction