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Public International Law

Public International Law

Exam-Ready Visual Notes — full content, memory hooks & hand-drawable diagrams

🧠 Mnemonics ✏️ Draw-in-exam diagrams 🎯 Exam tips ⚖️ Landmark cases 📌 Bullet summaries

How to use this guide

Amber = memory trick — learn the keyword Green = exam tip — what scores marks Blue dashed = a diagram simple enough to redraw Pink = case law (Facts→Held→Principle)
UNIT I

Nature, Definition, Origin, Basis & Sources of IL; Relationship with Municipal Law

Big themes: Is IL "true law"? · Where does its binding force come from? · Where do the rules come from (Art 38)? · How does IL work inside a country?

1 Nature of IL — Is it a True Law?

IL = body of rules governing relations between States, international organisations, and (in limited cases) individuals. It rests mainly on the consent of States, not on a world sovereign. This sparks the classic debate: is IL really "law"?

Austin's attack — "It is not law, only Positive International Morality"

Austin's definition of law"Law is the command of a sovereign backed by sanctions." Every law needs a Sovereign, a Command, a Duty and a Sanction.
  • No sovereign — there is no world government/parliament above all States.
  • No effective sanctions — no world police or compulsory court.
  • Therefore IL is (for Austin) mere positive morality, not law.
🧠 Memory trick — Austin's 4 essentials S · C · D · S → "Some Cops Demand Silence"
Sovereign · Command · Duty · Sanction. Austin says IL fails all four.

Modern view — IL IS true law (reply to Austin)

  • Austin's command theory is too narrow — even much of municipal law (custom, civil law) isn't a "command."
  • IL does have sanctions: reprisals, sanctions, loss of rights, UN Security Council action.
  • States treat it as binding — they argue over legality, not deny the law exists.
  • Modern jurists (Oppenheim, Starke, Kelsen) firmly classify IL as law.
🎯 Exam tip Structure: (1) Austin's theory → (2) his 3 reasons IL fails → (3) 4–5 counter-arguments → (4) conclude: IL is a "weak" but genuine legal system. Always cite the S-C-D-S framework.

2 Definition of International Law

Oppenheim (classic, State-only)"Law of Nations… the body of customary and treaty rules considered legally binding by civilised States in their intercourse with each other."
Starke (modern, wider)IL includes rules States feel bound to observe plus rules on international institutions, and relations of States with individuals.
  • Fenwick: general principles + specific rules binding on members of the international community.
  • Shift over time: States-only → States + Organisations + Individuals.
🧠 Remember the 3 "actors" of modern IL S-I-O → "State, Individual, Organisation" — the widening circle of subjects.

3 Public IL vs Private IL (Conflict of Laws)

Both say "international," but they are totally different. Private IL is really part of a country's own domestic law that decides which law/court applies when a private dispute has a "foreign element."

BasisPublic International LawPrivate International Law
NatureAutonomous international legal systemPart of each State's domestic law
SubjectsStates & organisations (individuals limited)Private individuals & companies
SourceTreaties, custom, general principlesDomestic statutes & case law
Subject matterSovereignty, treaties, war, sea, human rightsContract, tort, marriage, succession w/ foreign element
🧠 One-line hook "Public = between countries · Private = between people across borders."

4 Origin & Development of IL

  • Ancient: Egypt–Hittite treaty (c.1258 BC, earliest treaty); India's Kautilya's Arthashastra; Greece's Amphictyonic Councils; Rome's jus gentium & jus fetiale.
  • Medieval: Canon Law; "Just War" (St. Augustine → Aquinas); maritime codes (Consolato del Mare).
  • Founding: Hugo Grotius (1583–1645) — "Father of International Law," wrote De Jure Belli ac Pacis (1625).
  • Modern: Peace of Westphalia 1648 (birth of sovereign-State system) → UN Charter 1945 → codification by the ILC.
🧠 Timeline hook "Ancient → Medieval → Grotius → Westphalia → UN" · Grotius = the name examiners want.
✏️ Draw this — the timeline arrow
Ancient1258 BC treaty MedievalJust War Grotius 1625Father of IL Westphalia1648 UN 1945
5 dots on a line — memorise the labels, draw in 30 seconds.

5 Basis of IL — Why does it bind States?

There is no world sovereign, so why must States obey? Three families of theory.

TheoryJuristsBinding force comes from…
1. NaturalistGrotius, Vitoria, Suarez, PufendorfNatural law / universal reason — binds whether or not State consents
2. Positivist (consent)Bynkershoek, VattelState consent — express or implied
  → Common WillTriepelUnion of wills = Gemeinwille (Vereinbarung)
  → Auto-limitationJellinekState's own self-limitation of its will
  → Pacta sunt servandaAnzilottiOne basic norm: agreements must be kept
3. GrundnormKelsen (Pure Theory)A hypothetical basic norm at the top of a hierarchy of norms
🧠 Match jurist to theory "Triepel = Twogether (common will) · Jellinek = seJf-limit · Anzilotti = Agreements kept · Kelsen = King-norm (Grund)."

6 Auto-Limitation Theory (Jellinek)

  • A sovereign will cannot be commanded from outside — so when a State obeys IL it is really limiting its own will voluntarily.
  • Obligation always traces back to the State's own consent (treaty or custom). IL is "external State law" (äussere Staatsrecht).
  • Illustration: ratifying the Vienna Convention on Diplomatic Relations 1961 = self-chosen restriction, not an external command.
🎯 Criticisms to score marks
  • If binding is self-imposed, a State could withdraw anytime — but IL forbids unilateral repudiation of treaties.
  • Can't explain how new States are bound by pre-existing custom they never consented to.
  • Can't explain jus cogens (peremptory norms) that bind regardless of consent.

7 Sources of IL — Article 38(1) ICJ Statute

The most authoritative list of sources. The Court applies, in order:

ClauseSourceRank
38(1)(a)International conventions / TreatiesPRIMARY
38(1)(b)International custom (practice accepted as law)
38(1)(c)General principles recognised by civilised nations
38(1)(d)Judicial decisions & juristic writingsSUBSIDIARY

Art 38(2) — Court may also decide ex aequo et bono (what is fair) only if both parties agree.

🧠 The master mnemonic (memorise this once, use it everywhere) "Tiny Cats Grab Juicy Jerky"
Treaties · Custom · General principles · Judicial decisions · Juristic writings. First three = primary, last two = subsidiary.
✏️ Draw this — Sources tree
Article 38(1) PRIMARY (a,b,c) Treaties Custom Generalprinciples SUBSIDIARY (d) Judicialdecisions Juristicwritings Art 38(2): ex aequo et bono — only if parties agree
One box on top, two branches, 3 + 2 leaves. Fast and high-scoring.

8 Custom as a Source Art 38(1)(b)

Historically the primary source. Custom = general practice of States followed out of a sense of legal duty. Two ingredients are essential.

✏️ Draw this — the custom "equation"
State Practice (usus) — what States DO + Opinio Juris belief it is legally binding = LAW
"Body + Soul." Practice without belief = mere usage/comity, not law.
  • Material element (usus): general, consistent, virtually uniform practice — incl. States "specially affected." Duration matters less than consistency.
  • Psychological element (opinio juris): practice followed because felt legally obligatory.
🧠 Two cases that define custom Lotus = freedom (no rule = free to act) · North Sea 1969 = the modern test (practice + opinio juris).
⚖️ Case Law

North Sea Continental Shelf Cases (1969)

HeldCustom needs extensive & virtually uniform practice + opinio juris. A treaty rule doesn't become custom just because many States join it.
⚖️ Case Law · Unit I

The Paquete Habana (US Sup. Ct., 175 U.S. 677, 1900)

FactsUS Navy seized two unarmed Cuban coastal fishing boats as prize of war during the Spanish-American War.
IssueDoes customary IL exempting coastal fishing vessels from capture form part of US law absent a statute?
HeldYes — a settled custom exempts such vessels; the boats were restored. Custom applies unless overridden by statute/treaty.
PrincipleJustice Gray: "International law is part of our law." Classic statement of the incorporation doctrine (custom auto-part of domestic law).
🧠 Hook"Fishing boats → IL is part of our law." Pair it with the incorporation doctrine.

9 Treaties as a Source Art 38(1)(a)

Today the most important source — deliberate, precise law-making. Governed by the VCLT 1969.

VCLT Art 2(1)(a)A treaty = "an international agreement concluded between States in written form and governed by international law… whatever its particular designation."
  • Law-making treaties (traité-loi) — multilateral, general rules (UN Charter, Geneva Conventions). Act like legislation.
  • Treaty-contracts (traité-contrat) — bilateral, specific deals (a boundary/trade treaty). Act like a contract.
🧠 Names of treaties "Charter, Covenant, Pact, Protocol, Convention, Agreement" — all are treaties; the label doesn't change the binding nature.

10 General Principles Art 38(1)(c)

Principles common to the world's major legal systems, borrowed by analogy. Included to prevent a non liquet (Court unable to decide for lack of law) — a gap-filler.

  • Good faith (bona fides) · Estoppel · Res judicata · ex injuria jus non oritur (no benefit from own wrong) · due process, proportionality.
🧠 Hook"GERE — Good faith, Estoppel, Res judicata, Ex injuria." Purpose = fill gaps, avoid non liquet.

11 Judicial Decisions & Juristic Writings Art 38(1)(d)

  • Subsidiary means only — help identify/clarify law, don't create it.
  • Art 59: an ICJ decision binds only the parties to that case — no stare decisis (no binding precedent) in IL.
  • But in practice ICJ decisions carry huge persuasive weight (North Sea 1969; Reparation 1949).
  • Juristic writings (Grotius, Vattel, Gentili, Pufendorf) — vital in IL's early years; now mainly evidence of custom.
🎯 Exam tip — the killer combo Always pair Art 38(1)(d) with Art 59 (no binding precedent). That contrast scores marks.

12 Pacta Sunt Servanda

"Agreements must be kept" — the cornerstone of treaty law. Codified in Art 26 VCLT: every treaty in force binds the parties and must be performed in good faith.

  • Art 27 VCLT: a State cannot plead its internal law to escape a treaty.
  • S.S. Wimbledon (PCIJ, 1923): confirmed treaty obligations are strictly binding (Kiel Canal passage).
  • Anzilotti: treated it as the single basic norm of IL (≈ Kelsen's Grundnorm).
  • Limits: treaty may end/suspend by consent, material breach, impossibility, or rebus sic stantibus (Art 62); void if it breaks jus cogens (Art 53).
🧠 Article hooks 26 = keep · 27 = no internal-law excuse · 53 = jus cogens voids · 62 = rebus sic stantibus.

13 Relationship: IL & Municipal Law

Two systems that constantly intersect. A State can't use its own law to dodge IL (Art 27 VCLT; Polish Nationals in Danzig, PCIJ 1932), but its courts may need domestic steps before applying IL.

BasisMunicipal LawInternational Law
SubjectsIndividuals/entities in the StateMainly States (+ orgs, individuals)
SourceLegislatureTreaties, custom, general principles
StructureVertical — sovereign over subjectHorizontal — equal sovereign States
EnforcementCourts & policeState responsibility, reciprocity, institutions
🧠 Two doctrines of domestic application Custom → INCORPORATION (automatic) · Treaty → TRANSFORMATION (needs legislation).

14 Monism vs Dualism

✏️ Draw this — one legal order vs two
DUALISM (Triepel, Anzilotti) MunicipalLaw InternationalLaw Two SEPARATE systems → need Transformation MONISM (Kelsen, Kunz) ONE unifiedlegal order IL & municipal = same system (Grundnorm)
Dualism = two circles apart. Monism = one big circle. That's the whole answer's skeleton.
DualismMonism
JuristsTriepel, Anzilotti, OppenheimKelsen, Kunz
SystemsTwo separate & independentOne unified order
Domestic effectNeeds TransformationAutomatic; IL supreme (Kelsen)
🧠 Hook"Mono = One · Dual = Two." Kelsen = Monist (Grundnorm on top). Triepel = Dualist (also = common-will theorist).

15 British Practice

  • Custom → Incorporation: customary IL is automatically part of common law (if not against statute/precedent).
    Triquet v Bath (1764) — law of nations is part of English law · West Rand Gold (1905) · Trendtex v Central Bank of Nigeria (1977) — custom incorporated & evolves automatically (Lord Denning).
  • Treaty → Transformation: a treaty needs an Act of Parliament before courts apply it. J.H. Rayner (Tin Council) (1990).
🧠 Case ladder"Triquet → West Rand → Trendtex (custom) · Rayner/Tin Council (treaty)."

16 Indian Practice

  • Follows British/dualist-mixed model: custom applied if not against statute; treaties need legislation.
  • Art 51(c) Constitution — "foster respect for international law & treaty obligations" (Directive Principle, not enforceable but guides interpretation).
  • Art 253 — Parliament may legislate to implement any treaty, even on State List subjects.
  • Gramophone Co. v Birendra Bahadur Pandey (1984): custom incorporated into Indian law if not inconsistent with statute.
  • Jolly George Varghese v Bank of Cochin (1980): ICCPR could not override the CPC — unincorporated treaty ≠ enforceable.
🧠 Article + case hook "51(c) respect · 253 implement · Gramophone = custom in · Jolly George = treaty needs law."
UNIT II

States as Subjects of IL, Recognition & Territorial Sovereignty

Big themes: Who are the "subjects"? · What makes a State? · Recognition (theories + kinds + effects) · How territory is gained & lost.

1 Subjects of International Law

A "subject" = entity that can hold international rights & duties and bring international claims. Traditionally only States; now a widening circle.

  • States — primary, full, inherent personality (Montevideo criteria).
  • International organisations — derivative/functional personality (UN: Reparation Case 1949).
  • Individuals — limited personality: human-rights petitions + international criminal liability (ICC).
  • Insurgents/belligerents — limited, temporary personality during armed conflict.
🧠 The 4 subjects "S-I-O-I → States · Individuals · Organisations · Insurgents."

2 Essential Elements of a State Montevideo Convention 1933, Art 1

✏️ Draw this — the 4 pillars of statehood
STATEHOOD (Montevideo 1933) PermanentPopulation DefinedTerritory EffectiveGovernment Capacity torelate toother States (+ implied: Independence / Sovereignty)
A roof on 4 columns on a base. Draw it, label it — instant marks.
🧠 Memory trick P-T-G-C → "People, Territory, Government, Capacity""Please Take Good Care." Add a 5th unwritten one: Independence.

Kinds of States

  • Unitary · Federal (federal State alone has full personality) · Protectorates/Vassal (limited) · Neutralised (e.g. Switzerland historically) · Microstates (Monaco, San Marino) · Condominium (joint sovereignty).

3 International Organisations as Subjects

Created by a constituent treaty; personality is derivative (given by member States) and functional (only what's needed for their purposes).

⚖️ Foundational Case

Reparation for Injuries Case (ICJ Advisory Opinion, 1949)

FactsUN mediator Count Bernadotte killed on duty; could the UN bring a claim (against Israel, a non-member at the time)?
HeldUN has objective international legal personality, distinct from members, able to bring claims — via the doctrine of implied powers.
PrincipleAn organisation has express powers + those implied as essential to its functions.
🧠 Hook"Bernadotte killed → UN can sue → implied powers."

4 Individual as a Subject

  • Traditional view: individuals were mere "objects"; only their State could act (diplomatic protection). Nottebohm 1955; Barcelona Traction 1970.
  • Rights now given: UDHR 1948; ICCPR & ICESCR 1966; ECHR (direct individual petition); Refugee Convention 1951 (non-refoulement); investment arbitration (ICSID).
  • Duties now imposed: international criminal law — genocide, war crimes, crimes against humanity (ICC).
🧠 Two-sided hook"Individual = RIGHTS (human-rights treaties) + DUTIES (ICC crimes)."

5 Recognition of States — Theories

When a new State/government appears, do other States create its personality by recognising it, or merely acknowledge a fact?

Constitutive TheoryDeclaratory (Evidentiary)
Core ideaRecognition creates statehoodStatehood exists on facts; recognition just declares it
JuristsOppenheim (early), Anzilotti, HollandHall, Fischer Williams, Brierly, Chen
AuthorityMontevideo Art 3: existence is independent of recognition
🧠 Never mix them up "Constitutive = Creates · Declaratory = Declares." Both start with C/D — match to Creates/Declares.

6 De Facto vs De Jure Recognition

BasisDe FactoDe Jure
NatureProvisional, tentativeFull, formal, final
WhenControl exists but permanence doubtfulStability & legitimacy satisfied
Diplomatic tiesLimitedFull (exchange of envoys)
Revocable?Yes, easilyGenerally final
🧠 Hook"De facto = FACT on ground but shaky · De jure = by RIGHT, full & final." Retroactive effect: Luther v Sagor (1921).

7 Legal Effects of Recognition

On the international plane

  • Formal bilateral relations; capacity to make treaties, claim sovereignty, exercise diplomatic protection; easier entry into organisations.

Inside the recognising State's courts

  • Locus standi: unrecognised State can't sue — Wulfsohn v RSFSR (1923).
  • Retroactive validation of the recognised govt's acts — Luther v Sagor (1921).
  • Sovereign immunityArantzazu Mendi (1939).
  • Effect on title to property.
🧠 4 domestic effects"Sue · Validate · Immunity · Property" → Wulfsohn / Luther / Arantzazu Mendi.

Implied Recognition

  • Implies recognition: bilateral treaty on equal footing; formal diplomatic relations; issuing a consular exequatur.
  • Does NOT imply: joint multilateral treaty/conference; informal trade; temporary dealings (armistice, POW exchange).

8 Territorial Sovereignty — Modes of Acquisition

✏️ Draw this — 5 modes of acquiring territory
Occupationterra nulliusPalmas Case Prescriptionlong, peacefuluse w/o protest Cessiontreaty/transfere.g. Alaska Accretionnatural growthsilt/new island Conquestnow UNLAWFUL(obsolete)
5 boxes in a row. Last one (conquest) = shaded/obsolete under the UN Charter.
🧠 Memory trick O-P-C-A-C → "Old Pirates Can Acquire Coasts"
Occupation · Prescription · Cession · Accretion · Conquest (now unlawful). Loss = the reverse of these.
⚖️ Key Case

Island of Palmas Case (Netherlands v USA, 1928)

HeldMax Huber: mere discovery = inchoate title; must be perfected by continuous & peaceful display of State authority. Netherlands won.

9 Intervention & Non-Intervention

Intervention = dictatorial (coercive) interference in another State's internal/external affairs. The rule is non-intervention (Art 2(4) & 2(7) UN Charter).

⚖️ Leading Case

Nicaragua v USA (ICJ, 1986)

HeldUS support for the Contras violated non-intervention. Two elements of unlawful intervention: (1) bears on matters a State may decide freely; (2) uses coercion.

Recognised exceptions

  • Collective action under UN Chapter VII (Security Council).
  • Self-defenceArt 51 (after an armed attack).
  • By invitation of the legitimate government.
  • Protection of nationals abroad (narrow, contested).
🧠 Exceptions hook"C-S-I-P → Collective · Self-defence · Invitation · Protection of nationals."

10 Monroe Doctrine · Microstates · Condominium

Monroe Doctrine (1823)

  • US President Monroe: non-colonisation of the Americas + non-intervention by Europe in the Western Hemisphere.
  • Roosevelt Corollary (1904): US "international police power" — turned it interventionist.
  • Legal character: a unilateral policy declaration, not binding IL.

Microstates & Condominium

  • Microstates: tiny but valid States (Vatican, Monaco, San Marino, Nauru, Tuvalu) — full sovereign equality (Art 2(1)).
  • Condominium: two+ States jointly hold sovereignty over one territory (Anglo-Egyptian Sudan; New Hebrides/Vanuatu).
🧠 Hook"Monroe = 'America for Americans' (policy, not law) · Condominium = shared flat, shared sovereignty."
⚖️ Case Law · Unit II

Temple of Preah Vihear (Cambodia v Thailand, ICJ 1962)

FactsBorder temple. A 1904 treaty said "watershed line," but the Annex I map put the temple in Cambodia. Thailand received the map, used it, and stayed silent for decades.
HeldThailand's long silence + reliance = bound by acquiescence & estoppel; temple is Cambodia's; Thailand must withdraw.
PrincipleConduct/silence can override the literal treaty text — leading authority on acquiescence & estoppel in boundary disputes.
🧠 Hook"Silence over the map = estoppel." Pair with the Temple of Preah Vihear.
UNIT III

State Jurisdiction (Law of the Sea), State Responsibility & Succession

Big themes: When can a State exercise jurisdiction? · The maritime zones (12–24–200) · When is a State responsible for wrongs? · Who inherits rights when States change?

1 Territorial Jurisdiction & its Principles

General rule: a State has complete, exclusive jurisdiction within its territory (Lotus 1927). But IL recognises 5 extending principles.

PrincipleBasis for jurisdiction
Subjective territorialAct began in the State (even if finished abroad)
Objective territorialAct completed / had effects in the State (Lotus)
NationalityOver its own nationals, even abroad
ProtectiveActs abroad threatening its security
UniversalityGrave crimes (piracy, genocide, war crimes) — any State
🧠 Memory trick — 5 heads of jurisdiction S-O-N-P-U → "Some Officers Never Play Unfair"
Subjective · Objective · Nationality · Protective · Universality.

Exemptions from territorial jurisdiction

  • Foreign sovereigns/Heads of State · diplomats (VCDR 1961) · foreign armed forces present by consent (SOFA) · international organisations.

2 Maritime Zones UNCLOS 1982

The single most drawable diagram in the whole syllabus. Measure everything from the baseline (low-water line).

✏️ Draw this — cross-section of the sea (12 · 24 · 200)
LAND Baseline (0) Territorial Sea · 12 nm full sovereignty (innocent passage) Contiguous 24 nm customs, fiscal, immigration, health Exclusive Economic Zone · 200 nm sovereign rights over resources HIGH SEAS res communis free to all Continental Shelf — seabed & subsoil (200 nm, or to margin edge) 12 24 200 nm →
Land on the left, layers going right: 12 → 24 → 200 → high seas. Seabed strip = continental shelf.
ZoneLimitCoastal State's power
Territorial Sea Art 312 nmFull sovereignty (air + seabed); subject to innocent passage (Art 17–19)
Contiguous Zone Art 3324 nmControl to enforce customs, fiscal, immigration, sanitary laws
EEZ Art 55–57200 nmSovereign rights over resources; others keep navigation/overflight
Continental Shelf Art 76–77200 nm / marginSovereign rights over seabed resources — ipso facto & ab initio
High Seas Art 86–89beyondNo sovereignty — res communis, open to all
🧠 The number chain (never forget) 12 → 24 → 200 → 200+ = Territorial · Contiguous · EEZ · Shelf. "Twelve, Twenty-four, Two-hundred."

3 High Seas — Freedoms & Exceptions

Res communis — no State may appropriate any part (Art 89). Ships governed by flag State jurisdiction (Art 92).

🧠 6 freedoms of the high seas (Art 87) N-O-C-A-F-S → "Navigation, Overflight, Cables, Artificial islands, Fishing, Scientific research."

Exceptions to flag-State exclusivity

  • Piracy — universal jurisdiction (Art 100–107).
  • Hot pursuit — must be continuous & uninterrupted (Art 111).
  • Slave trade & unauthorised broadcasting; stateless vessels (boardable by any State).
🎯 Exam tip Connect high seas ↔ Lotus principle (freedom absent a prohibiting rule) and note Lotus was later reversed by Art 97 UNCLOS (flag State jurisdiction over collisions).

4 State Responsibility for International Delinquencies

A State committing an internationally wrongful act must cease it and make reparation. Three essential elements.

✏️ Draw this — the responsibility formula
1. Obligation binding on State + 2. Breach act/omission + 3. Attribution to a State organ
"O-B-A": Obligation + Breach + Attribution = responsibility.
  • Direct responsibility — for its own organs (any rank, any branch).
  • Indirect/vicarious — for private acts where the State failed due diligence (didn't protect/punish).
  • A State cannot hide behind sovereignty or its federal/constitutional structure (cf. Art 27 VCLT).

5 State Succession

One State replaces another in responsibility for a territory (decolonisation, merger, dissolution, cession, secession).

  • Kinds: Universal (predecessor extinguished) · Partial (loses only part).
  • Theories: Universal succession (Grotius — successor = "heir," inherits all) vs Clean Slate / tabula rasa (new States start free of predecessor's treaties).
  • Conventions: Vienna 1978 (treaties) & Vienna 1983 (property, archives, debts).

Consequences

  • Treaties: clean slate — except boundary/territorial treaties pass automatically (Art 11, 1978).
  • Property: public property in the territory passes to successor.
  • Debts: "localised" debts pass; general national debt is doubtful (equity decides).
🧠 Hook"Grotius = Heir inherits all · New State = Clean Slate. But BORDERS always stick."
⚖️ Case Law · Unit III

S.S. Lotus Case (France v Turkey, PCIJ 1927)

FactsCollision on the high seas; French officer prosecuted by Turkey after Turkish sailors died.
HeldTurkey could prosecute — no rule prohibited it. Turkish vessel = extension of Turkish territory (objective territorial principle).
PrincipleLotus principle: a State is free to act unless a rule of IL prohibits it — restrictions on sovereignty are not presumed.
LaterReversed on the facts by Art 97 UNCLOS (flag-State jurisdiction over collisions).
🧠 Hook"No rule = you're free" = Lotus. The most-cited sovereignty case."
⚖️ Case Law · Unit III

Anglo-Norwegian Fisheries Case (UK v Norway, ICJ 1951)

FactsNorway drew straight baselines across its fjords/islands (skjærgaard) instead of the low-water mark; UK objected.
HeldValid — for deeply indented coasts, straight baselines are lawful if they follow the general direction of the coast & reflect economic interests/long usage.
PrincipleLegitimised the straight baseline method — later codified (Art 7 UNCLOS).
⚖️ Case Law · Unit III

Youmans Case (USA v Mexico, 1926)

FactsMexican troops sent to protect Americans from a mob instead joined the mob and killed them.
HeldMexico responsible — the ultra vires (disobeying orders) defence fails; troops acted under cover of official capacity.
PrincipleA State is responsible for wrongful acts of its organs even if they exceed authority / disobey orders.
🧠 Hook"Soldiers-turned-mob → State still liable (ultra vires no defence)."

6 Calvo Clause & Calvo Doctrine

  • Calvo Doctrine: a foreigner gets no better rights than locals and must use local courts only — no diplomatic protection. (Argentine jurist Carlos Calvo; defence against "gunboat diplomacy.")
  • Calvo Clause: the contract clause where a foreign investor waives diplomatic protection in advance.
  • Difficulty: diplomatic protection is the State's right, not the individual's (Mavrommatis, PCIJ 1924) — so an individual can't waive what isn't theirs. May still work to require exhaustion of local remedies.
🧠 Hook"Calvo = 'sue locally, no home-State help.' But you can't waive your State's right."
UNIT IV

State & Individual (Extradition, Asylum, Nationality), Diplomats/Consuls & Treaties

Big themes: The nationality bond · Asylum vs Extradition · Diplomatic & consular immunities · How treaties are made, classified & reserved.

1 Nationality — Acquisition & Loss

Nationality = the legal bond between individual & State. It (not mere presence) decides which State may exercise diplomatic protection.

🧠 Two birth rules (never confuse) jus SOLI = SOIL (place of birth) · jus SANGUINIS = blood/descent.
AcquisitionLoss
Birth (jus soli / jus sanguinis)Release (voluntary renunciation)
NaturalisationDeprivation (fraud, disloyalty)
MarriageSubstitution (acquiring a new nationality)
Resumption / RegistrationLong residence abroad
Cession / Subjugation of territory
🧠 Loss hook"R-D-S-L → Release · Deprivation · Substitution · Long residence."

2 Dual Nationality & the Genuine Link

  • Causes: clash of jus soli vs jus sanguinis; naturalisation without losing the old; marriage; State succession.
  • Problems: diplomatic protection (neither State can protect against the other), military service, double taxation, extradition.
  • Effective/Dominant nationality: the genuine link wins (residence, interests, family) — Nottebohm.
  • Art 4 Hague Convention 1930 — no diplomatic protection against a State of which the person is also a national.
⚖️ Landmark Case

Nottebohm (Liechtenstein v Guatemala, ICJ 1955)

FactsGerman-born Nottebohm got quick Liechtenstein nationality with no real ties, then Liechtenstein tried to protect him against Guatemala.
HeldClaim inadmissible — nationality needs a genuine & effective link to be opposable to other States.
PrincipleThe "genuine link" / effective nationality doctrine.
🧠 Hook"No real link → no protection = Nottebohm (genuine link)."

3 Asylum

Protection given by a State to someone fleeing persecution. Art 14 UDHR = right to seek (not be granted) asylum.

Territorial AsylumExtraterritorial (Diplomatic) Asylum
WhereOn the asylum State's own territoryIn its embassy/consulate/warship on foreign soil
StatusWell accepted (incident of sovereignty); non-refoulement (1951)Controversial — derogates from territorial State's sovereignty
🧠 Hook"Territorial = safe on MY land (easy) · Diplomatic = in MY embassy on YOUR land (hard)."
⚖️ Leading Case

Asylum Case (Colombia v Peru, ICJ 1950)

FactsColombia gave diplomatic asylum to Haya de la Torre in its Lima embassy & claimed a right to unilaterally qualify his offence as "political" under a regional custom.
HeldColombia failed to prove a constant & uniform regional custom; diplomatic asylum not opposable to Peru.
Principle(1) Test for a regional custom (constant + uniform + accepted as law); (2) diplomatic asylum is not a general right in customary IL.

4 Extradition

One State surrenders a fugitive to another for trial/punishment. Asylum & extradition are opposites — asylum shelters, extradition surrenders.

🧠 Memory trick — rules governing extradition "Double Speciality, No Nationals, Double Jeopardy, Prima facie"
  • Double criminality — crime in both States.
  • Speciality — try only for the offence extradited for.
  • No own nationals (many civil-law States refuse).
  • Double jeopardy (ne bis in idem) — not if already tried.
  • Prima facie case required (common-law States).

Non-extraditable crimes

  • Political offences — the biggest exception (treason, sedition); "relative" political offences are hard to define.
  • Military offences (e.g. desertion). Plus modern human-rights bars (torture, unfair trial, death penalty).

5 Privileges & Immunities — Diplomats vs Consuls

Rationale (modern): functional necessity — immunities exist so the mission can work, not for personal benefit.

FeatureDiplomats — VCDR 1961Consuls — VCCR 1963
RolePolitical representationAdmin/commercial (visas, trade, help nationals)
Personal inviolabilityAbsolute — no arrest (Art 29)Weaker — arrest allowed for grave crime (Art 41)
Criminal jurisdictionAbsolute immunity (Art 31)Only for official acts (functional, Art 43)
PremisesInviolable (Art 22)Inviolable only for consular-work areas (Art 31)
🧠 Number + article hooks Diplomats = VCDR 1961 · Consuls = VCCR 1963.
VCDR articles: 22 premises · 29 person · 30 residence · 31 jurisdiction. "Diplomats = full shield; Consuls = work-only shield."
🎯 Case link Consular notification (Art 36 VCCR): LaGrand (2001) & Avena (2004) — USA held responsible for failing to inform detained foreigners of consular access.

6 Formation & Termination of Treaties VCLT 1969

✏️ Draw this — 7 steps of treaty-making (a flow)
1 Negotiation(full powers) 2 AdoptionArt 9 3 Authenti-cation Art 10 4 Consentsign/ratify 11–15 5 ReservationsArt 19 6 Entry intoforce Art 24 7 RegistrationArt 102 Charter
Top row 1→4, drop to bottom row 5→7. Boxes with arrows — very fast to reproduce.
🧠 Memory trick — the 7 steps N-A-A-C-R-E-R → "Naughty Apes Always Consent, Reserve, Enter, Register."
Negotiation · Adoption · Authentication · Consent · Reservations · Entry into force · Registration.

Termination: consent, material breach, supervening impossibility, rebus sic stantibus (Art 62), or conflict with jus cogens (Art 53).

7 Classification of Treaties

  • Law-making (traité-loi, multilateral, general rules) vs Treaty-contract (traité-contrat, few parties, specific deal).
  • Bilateral vs Multilateral (general/universal or regional).
  • Framework/umbrella vs Detailed.
  • Self-executing (auto-domestic effect) vs Non-self-executing (needs legislation) — links to Monism/Dualism.
  • By subject matter: political, commercial, constitutional/administrative.

8 Reservations to a Treaty

VCLT Art 2(1)(d)A reservation = a unilateral statement… to exclude or modify the legal effect of certain provisions in their application to that State.

Purpose: let a State join a multilateral treaty while opting out of parts it dislikes → wider participation.

🧠 Article chain (19 → 20 → 21 → 22) 19 = When allowed · 20 = Acceptance/objection · 21 = Effect · 22 = Withdrawal. "When-Accept-Effect-Withdraw."
  • Art 19 limit: no reservation if prohibited by the treaty, or if incompatible with the object & purpose of the treaty.
  • Art 20: acceptance may be implied if no objection within 12 months.
  • Art 21: modifies provisions between reserving & accepting States only — not for the others inter se.
🎯 Exam tip The magic phrase examiners look for: a reservation is invalid if "incompatible with the object and purpose of the treaty" (from the ICJ Genocide Reservations opinion, now Art 19(c)).
UNIT V

United Nations (Principal Organs), WTO & ILO

Big themes: UN purposes/principles · The 6 organs (GA, SC, ICJ…) · The veto · WTO trade rules · ILO's tripartite structure.

1 UN — Purposes & Principles

Established 24 Oct 1945 (San Francisco), replacing the League of Nations.

✏️ Draw this — the 6 principal organs (hub & spokes)
UNITED NATIONS General Assembly Security Council ECOSOC Trusteeship (dormant) ICJ (The Hague) Secretariat
One hub, 6 spokes. (Trusteeship Council is dormant since 1994 but still counts as one of the 6.)
🧠 The 6 organs GA · SC · ECOSOC · Trusteeship · ICJ · Secretariat → "Great Silly Elephants Trust Ice-cream Sellers."

Purposes Art 1 & Principles Art 2

  • Purposes: maintain peace & security · friendly relations (self-determination) · international cooperation · be a centre for harmonising action. → "Peace, Friendship, Cooperation, Centre."
  • Principles: sovereign equality · good-faith obligations · peaceful settlement · no threat/use of force (Art 2(4)) · assistance to UN · non-members comply · non-intervention in domestic jurisdiction (Art 2(7)).
🎯 Exam tip Art 2(4) (no use of force) is treated as customary IL and jus cogens. Quote its number — it appears in many questions (force, intervention, self-defence).

2 General Assembly Ch. IV, Art 9–22

  • Main deliberative organ; all members, one vote each (Art 18) — sovereign equality.
  • Meets yearly (from September); 6 Main Committees; special/emergency sessions (Uniting for Peace).
  • Powers: discuss & recommend anything in the Charter (Art 10); peace & security (Art 11) — but Art 12 bars recommending on a dispute while the SC is actively seized of it.
  • Art 13 — promotes codification & development of IL, human rights.
🧠 Hook"GA = talk-shop of ALL, 1 vote each; recommends (soft power). Art 12 = don't step on SC's toes."

3 Security Council & the Veto Ch. V, Art 23–26

Primary responsibility for peace & security (Art 24). Its substantive decisions are binding on all members (Art 25).

✏️ Draw this — SC composition (15 = 5 + 10)
5 PERMANENT (P5) — hold VETO China · France · Russia · UK · USA Veto = 1 "no" on a substantive matter defeats the resolution 10 NON-PERMANENT elected by GA · 2-year terms equitable geographic spread Substantive vote = 9/15 incl. all P5
Two boxes: 5 permanent (veto) + 10 elected. "9 votes including all P5" = the magic formula.
  • Voting (Art 27): procedural = any 9; substantive = 9 including concurring votes of all P5. An abstention is not a veto.
  • Powers: Chapter VI (pacific settlement, Art 33–38) · Chapter VII (Art 39 threats/breach; Art 41 sanctions; Art 42 force).
🧠 Veto essentials "P5 = C-F-R-U-K · veto from Art 27(3) · abstention ≠ veto · 'great power unanimity.'"

Criticism & reform of the veto

  • Causes paralysis (Cold War); clashes with sovereign equality (Art 2(1)); frozen composition since 1945.
  • Reforms proposed: expand permanent seats; ACT "Code of Conduct" — no veto in mass-atrocity situations. None adopted yet.

4 UN Membership

  • Original members (San Francisco 1945) vs admitted under Art 4.
  • Admission (Art 4): peace-loving State, accepts Charter, able & willing → SC recommendation (P5 can veto) + 2/3 GA vote.
  • Conditions of Admission Opinion (1948): the Art 4(1) conditions are exhaustive — no extra political conditions.
  • Suspension (Art 5) · Expulsion (Art 6) — never used · Withdrawal: no express provision.
🧠 Admission formula"SC recommends (veto applies) → 2/3 of GA approves."

5 International Court of Justice Ch. XIV, Art 92–96

Principal judicial organ; at The Hague; successor to the PCIJ.

  • 15 judges, 9-year terms, no two from same State, staggered (⅓ every 3 yrs); elected by GA + SC voting separately.
  • Contentious jurisdiction: Art 34only States may be parties; consent-based via (a) Special Agreement, (b) Compromissory clause, (c) Optional Clause (Art 36(2)).
  • Advisory jurisdiction: Art 96 — GA/SC & authorised organs request opinions (non-binding but authoritative).
🧠 Numbers hook "15 judges · 9 years · only States (Art 34) · 2 jurisdictions: Contentious + Advisory."

6 WTO & ILO — Specialised Bodies

WTOILO
Born1 Jan 1995 (Marrakesh Agreement); succeeded GATT 19471919 (Treaty of Versailles); 1st UN specialised agency (1946)
HQGenevaGeneva
AimLiberalise & expand trade; rules-based systemSocial justice; "decent work"; "labour is not a commodity"
Signature featureDispute Settlement Body (panels + Appellate Body)Tripartite: govt + employers + workers

WTO core principles

  • Most-Favoured-Nation (MFN) — no discrimination between partners.
  • National Treatment — imports treated like domestic goods once inside.
  • Trade liberalisation + transparency/predictability.
🧠 Hooks WTO = "MFN + National Treatment" · ILO = "TRIPARTITE (3 chairs: Govt, Employers, Workers) + decent work."
🎯 Dates worth memorising ILO 1919 (oldest) · UN 1945 · VCLT 1969 · VCDR 1961 · VCCR 1963 · UNCLOS 1982 · WTO 1995.

Last-Minute Case Map (all units)

CaseOne-line principle
Paquete Habana (1900)"IL is part of our law" — incorporation of custom
North Sea Continental Shelf (1969)Test for custom = practice + opinio juris
Reparation for Injuries (1949)UN has legal personality; implied powers
Island of Palmas (1928)Discovery = inchoate; needs continuous display
Temple of Preah Vihear (1962)Silence → estoppel & acquiescence
Nicaragua v USA (1986)Non-intervention = coercion on free matters
S.S. Lotus (1927)Free unless a rule prohibits (sovereignty)
Anglo-Norwegian Fisheries (1951)Straight baseline method valid
Youmans (1926)State liable even for ultra vires acts of organs
Nottebohm (1955)Nationality needs a genuine & effective link
Asylum (Colombia v Peru) (1950)Diplomatic asylum ≠ general right; regional-custom test
LaGrand / Avena (2001/04)Consular notification duty (Art 36 VCCR)
🎯 Golden rule for case answers Always give it in 4 lines: Facts → Issue → Held → Principle. Examiners reward the principle most — memorise the one-liners above.