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1. Public International Law
A project of Excellency Club, SFI & Students Union 2018-19, Govt
Law College, Ernakulam
compiled by Nayab Naseer
Definition of International Law
“Law” implies a government with authority vested to enforce the law. International law is
the law governing relations between countries.
Traditionally, international law was regarded as a body of rules which determines the
conduct of civilized national in their conduct with one another.
• Lawrence, a well-known English jurist defines international law as “rules which determine
the conduct the general body of civilized states, in their mutual dealings.”
• Hall defines international laws as “certain rules of conduct which modern civilized states
regard as binding on them in their relationship with one another.”
• Opprenheim defines international law as “body of customary and treaty rules which a5re
considered legally binding by civilized nationals in their intercourse with each other.”
• Brierly: The law of nations is defined as a body of rules and principles of action which are
binding upon civilized states in their relationship with each other
In the SS Lotus case involving France and Turkey, the permanent court of International
Justice defined international law as “principles which are in force between all independent
nations.”
SS Lotus, a ship belonging to France, collided with a Turkish ship in the high seas. The ship
was berthed at Istanbul. The Turkish ship had suffered more damages. The French court
decreed Turkish govt has no jurisdiction. Since the French flag was hoisted on the ship,
French law applied.
Modern-day jurists have expanded the scope of the definition, to consider international law
as a social process to clarify rights and duties involving complex patterns of interaction
among non-state entities (people) across geographical and political boundaries.
• Marel St. Korowicz defines international law as “body of legal rules which govern mutual
relations of sovereign states, and also the situation of other legal persons and of individuals,
which are not subject to the internal law of any particular state.”
• Starke defines international law as “Rules of law relating to the functioning of international
institutions and organizations, their relation with each other, and relation with state and
individuals.
The increasing move to protect human rights and fundamental freedom of individuals has
necessitated the creation of new rules for the punishment of persons committing genocide,
race destruction and other crimes having international ramifications.
• The establishments of a large number of permanent international institutions such as the
United Nations, World Health Organization. and more, with its own distinct personality

2. • The International Military Tribunal of Nuremberg in 1946 set up to try Nazi atrocities
declared certain acts as international crimes
International Law Notes: A project of EXCELLENCY CLUB, SFI & STUDENTS UNION
2018-19, GOVT LAW COLLEGE, EKM(KOCHI)
Concept of International Law
International law is the set of rules adopted by civilized states, either explicitly or tactically,
to govern conduct towards one another
It governs relationships of people of the world, unbounded by geographical and political
constraints
It is impossible for any country or state to insulate itself totally from the rest of the world
and pursue strictly compartmental and exclusive policies, social, political, economic or
external affairs. International trade, movement of people between countries for business,
education, tourism or other reasons, and more, maintaining peace and solidarity and more
all raise the relevance of international law
Doctrine of dualism and monism:
The doctrine of dualism holds one legal system – be it international or domestic – does not
have the right to challenge or alter the rules set in place by the other. As per this doctrine,
international law and domestic law are separate and distinct, regulated by separate legal
orders. This is the most widely accepted doctrine with regards to international law.
The doctrine of monism views international law as the most “natural” law, and hence
supreme and more important than domestic law. This is mostly a utopian concept, and not
practical in vogue as it denies individual states a legal capacity.
Difference between private international law and
public international law
International law may be broadly divided into private international law and public
international law. There is no affinity between private international law and public
international law
Public International Law Private International Law
Regulates relationships, rights and
obligations between states (countries)
and/or international organisations.
Treaties and relationships between two
or more countries come under the
purview of public international law.
Body of principles for determining questions of
jurisdictions and selection of appropriate law when a
civil case involves a “foreign element” when there is
a conflict of laws between multiple national
jurisdictions.

3. Eg: extradition treaty between India
and UAE, GATT Accord, Paris
Convention on Climate change etc
Eg: * if a British citizen commits a theft in Saudi
Arabia and is later tried for it in a British court, the
principles of private international law determines
how the conflict of interests between criminal laws in
Britain and Saudi Arabia would be dealt with * if a
Chinese company was to sign a contract with the
United States, private international law would
regulate the applicable law if that contract was
violated.
Lays own conventions or regulations
governing signatory-states at a macro-
or policy level
Prescribes conditions under which a particular court
is competent to entertain a suit; Determine the
territorial system of law for each case
Specify situations under which the state
may act or perform its duty under the
treaty etc
Specify circumstances under which a foreign
judgment may be accepted
Traditional jurist consider international
law as just a moral code, but modern
jurists regard it as real law.
Part of municipal law
Public international law confers an
absolute right, and breach of same can
be a cause for war.
Private international law is founded on convenience,
intended to facilitate intercourse between subjects of
different states, and confer no absolute rights
International Law Notes: A project of EXCELLENCY CLUB, SFI & STUDENTS UNION
2018-19, GOVT LAW COLLEGE, EKM(KOCHI)
Key Ingredients of International Law
International law is a combination of rules and customs governing
• relations between states in different fields, such as armed conflict, human rights, the sea,
space, trade, territorial boundaries, and diplomatic relations.
• actions of international organisations, non-state actors (including national liberation
movements and individuals), international non-governmental organizations, multinational
companies, and other entities.
• Universal values relating to human dignity and human rights. These branches are
international humanitarian law, international refugee law, international criminal law and
international human rights law.
The United Nations Charter sets out the fundamental principles of modern public
international law, notably:
1. Promotion of human rights;

4. 2. The strict limitation on the right to use force against other states;
3. The strict prohibition on the acquisition of territory by force.
Is International Law true law or not?
Traditional jurists did not consider international law as true law.
Austin:
International Law is not a true law, but just a set of moral codes of rules of conduct,
because
1. It does not emanate from a law-giving authority
2. It has no sanction behind it
Vattel:
Law of nations is nothing but the law of nature applied to nations
*Holland:
International Law is not true law since unlike ordinary law, it is unsupported by authority of
a state. These laws are adopted only voluntarily. He remarked, “international law is the
vanishing point of jurisprudence.”
Sailsbury:
International Law cannot be enforced by any tribunal and therefore conferring the phrase
“law” is misleading.
However, modern jurists hold international law is true law
*Hall:
International law is law, and apart of it acknowledged to be law is indistinguishable in
character from it
Lawrence:
International law, like any other law, is observed by states
The theory international law is not law stems from the approach that “law is the will of the
political superior.” However, compulsion alone is not the criteria for law. It is enforced on
consideration of justice, just like any other force.
Sir Frederick Pollock:
International law satisfies the following essential conditions to become a law:
1. The existence of a political community willing to follow the law
2. Recognition by members of selected rules binding on them
Prof. Starke
dismisses Austin’s views on international law not being true law on the following grounds
1. Historically a system a law existed and was observed by communities even without
formal legislative authority
2. Customary rules of international law are now only a mall component of international law.
Customary international law is now being replaced y legally binding and enforceable treaties
and conventions

5. 3. Authoritative machinery exists to implement internal law, and such authorities do not
regard international law as mere oral codes. Eg: NATO, various European Union bodies.
The establishment of the United Nations confirms the true legality of international law,
without a doubt. The Security Council of UN imposes a sanction on erring states.
Article 94 of UN charter makes decisions of an international court of justice binding on
parties to the dispute
Governments are no longer just morally, but also legally bound to follow international law.
As for the contention, international law is often violated, even municipal law is violated.
Many developed states such as UK and USA regard international law as part of their own
laws./ In Praque Havana Case, US Supreme Court observed: “International Law is part of
our law, and must be ascertained and administered by courts of justice of the appropriate
jurisdiction.”
Domestic Law v International Law
Domestic (Municipal) Law International Law
Governs the behaviour and
actions of individuals within a
country
Governs the behaviour and actions of bodies of government
Also known as National Law
or Municipal Law
Derived mainly from
legislation
Consists of treaties, customs, conventions, mutual trade
agreements, defense pacts etc
Implemented by the police
force in existence
Lacks a common executive for implementation
Eg: Indian Penal Code
Industrial Disputes Act, Indian
Contracts Act
Eg: GATT, UN Conventions, SAARC agreements, Paris
Accord
Domestic law is backed up by
a strong judiciary and
legislature
Has very weak backing. Has no legislature and no executive.
The judiciary is also limited, to the international court of
justice and other arbitration bodies.
In the words of Hersch Lauterpact: "The self-evident principle of international law that a
State cannot invoke its municipal law as the reason for the non-fulfilment of its international
obligations.”

6. Sources of International Law
1. Treaty law: Such as the United Nations Charter and the Geneva Conventions;
2. Customary international law: Established by state practice and legal intention
3. General principles of law recognised by civilized nations: Seen as inspirational rather than
direct sources of the law. Examples of this are the principles of estoppel and equity.
4. Works of jurists and thesis
5. The United Nations
International Investment Law
Multinational investment treaties are commonplace now. NAFTA (North Ame4rican Free
Trade Agreement) has an investment chapter.
BILATERALS.ORG —> Tracks investment treaties being negotiated and concluded across the
world. India-EU investment treaty is under negotiation,
TPP CET, TTIDF etc are examples of bilateral agreements between nation states, protecting
investments. The first bilateral treaty was signed between Pakistan and Germany in 1959.
Normally, collateral disputes are not covered under bilateral treaties. However, this has
been challenged, in effect raising contracts to the status of international agreements.
majority shareholders may fight against their own country under complex bilateral treaties.
MFN —> Most favored nation treaty - no discrimination between investors. At times, it may
result in more favorable treatment to an international investor compared to domestic
investor.
Calvo doctrine - Dispute settlement not should occur at domestic level. Investor-state
dispute at jurisdiction of host state
International law is the set of rules that govern the conduct of nation-states and other actors in the
international arena. It is a complex and ever-evolving field. Yet, it is essential for understanding the
global order.
In this article, we will explore various aspects of international law. This comprehensive guide will
provide you with valuable insights into the realm of international law.
The international law constitutes an important part of the UPSC IAS Optional Paper in the Mains
Examination.
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What is International Law?
International law is a set of rules that are made by countries and other actors in the international
arena. These rules are designed to regulate the conduct of countries and other actors. It promotes
cooperation and order in the international system.
o International law is not a single, unified body of law. Instead, it is a collection of different
rules and principles that have evolved over time.
o These rules and principles can be found in a variety of sources. This includes treaties,
customs, and general principles of law.
Subjects of International Law
The subjects of international law are the entities that can be bound by and enforce its rules. The main
subjects of international law are Countries, international organizations, and individuals.
Countries
Countries are the primary subjects of international law. They are sovereign entities that have the right
to:
o enter into treaties,
o send and receive diplomats, and
o use force in self-defense.
International Organizations
International organizations are entities that are created by countries to achieve common goals.
Examples of international organizations include:
o the United Nations,
o the World Trade Organization, and
o the International Monetary Fund.
Individuals
Individuals are increasingly recognized as subjects of international law. This is due in part to the
development of human rights law. This grants individuals certain rights that are protected by
international law.
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Branches of International Law
International law can be divided into many branches. Each of them deals with a different aspect of
the law. The main branches of international law are:
Public international law
This branch of law deals with the relations between states. It includes the law on the use of force, the
law of treaties, and the law of the sea.
Private international law
This branch deals with the relations between individuals and organizations from different countries. It
includes law on conflict of laws, the law of nationality, and the law of extradition.
International criminal law
This branch deals with crimes that are considered to be of concern to the global community as a
whole. It includes crimes such as genocide, war crimes, and crimes against humanity.
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Types of International Law
International law can be further categorized into specific types. Each of them addresses distinct areas
of global governance. These types include:

10. Human Rights Law
Human rights law focuses on protecting and promoting fundamental rights of individuals. This
includes the right to life, liberty, and a fair trial.
Environmental Law
International environmental law aims to address global environmental challenges. This includes
pollution, conservation, and sustainable development.
International Criminal Law
This branch of law deals with the punishment of individuals for international crimes. The crimes
include genocide, war crimes, and crimes against humanity.
Trade Law
International trade law regulates commercial transactions and the conduct of nations in international
trade. This includes issues related to tariffs, intellectual property rights, and trade disputes.
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Private International Law
Private international law is also known as conflict of laws. It deals with legal issues that involve many
jurisdictions. Private international law plays a crucial role in facilitating cross-border transactions. It
resolves conflicts arising from international business activities.
Scope of International Law
The scope of International Law is extensive. It covers diverse areas that impact global affairs. Some
key aspects within its scope are:
o Diplomatic Relations: International Law establishes rules and protocols for diplomatic
relations between countries. This includes:
o the establishment of embassies,
o the immunity of diplomats, and
o diplomatic privileges and immunities.
o Human Rights: International Law plays a crucial role in protecting and promoting human
rights. It includes:
o the Universal Declaration of Human Rights,
o the International Covenant on Civil and Political Rights, and
o the International Covenant on Economic, Social, and Cultural Rights.

11. o Armed Conflicts: International Humanitarian Law regulates the conduct of armed conflicts.
This includes:
o the protection of civilians, prisoners of war, and
o the prohibition of certain weapons and tactics.
o State Responsibility: International Law sets out rules on the responsibility of states for their
actions. It encompasses the following principles:
o sovereignty,
o non-intervention,
o state immunity, and
o the prohibition of aggression.
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Sources of International Law
The sources of international law are the means by which the law is created. The main sources of
international law are:
o Treaties: Treaties are agreements between states that are legally binding.
o Custom: Customary international law is a law that is created by the consistent practice of
states over time.
o General principles of law: These are principles that are common to most legal systems.
o Judicial decisions: The decisions of international courts and tribunals can also be a source of
international law.
o The writings of scholars: The writings of scholars can also be a source of international law.
However, they are not as authoritative as the other sources.
Conclusion
International Law serves as a fundamental framework that governs the interactions between
countries. Its principles, branches, and types encompass a wide range of issues. Understanding
International Law is essential for maintaining peace and resolving conflicts. It is also needed for
shaping foreign policies and addressing contemporary global challenges

12. To
THE INDOTEX MANUFACTURERS,
332, G.I.D.C. , NR. NEW WATER TANK,
ODHAV, AHMEDABAD-382415, INDIA
Dear Sir,
This is to inform you that we have received 1 No. Beaming Machine from you vide Invoice No.
T-13 dated 04.09.2023.
Your erector Mr Dawda Mansukbhai erected the machine and it is running successfully. He
stayed here from 22.09.2023 to 07.10.2023.
Thanking you.
With Regards,
For Kamakshi Jute Industries Ltd.
Authorizes Signature