2. SUBJECTS
STATES
INDIVIDUALS
ASYLIM
EXTRADITION
INTERNATIONAL TREATIES
CONVENTIONS
LAW OF SEA
LAW OF AIR
INTERNATIONAL COURT OF JUSTICE
UNO (SECURITY COUNCIL)
3. STATES
INDEPENDENT STATES
CONFEDERAL STATES(SWISS) & FEDERAL STATES
(UNION OF STATES),
DEPENDANT STATES
1) VASSAL STATE ( FEDUAL R/S LIKE ZAMINDARI
SYSTEM)
2)PROTECTORATES
i)independent ( Moroco under France & Spain)
ii)colonial ( India before independence)
4. individuals
Only subject of I/L ( prof Kelson &
Leon Deguit )
Also Subjects of I/L ( prof Fenwick & Lauterpacht)
Not a subject of I/L ( Sir oppenheim ,
Schwarzenberger)
Eg . According to Art.34 of the statue of ICJ , only
States can be parties can be before it.
9. ICJ
Came into existance on 24th oct 1945
Instruments
1) charter of united nations
1. The statute of ICJ
2. Rules of the court
3. Proceedutre to amendment
1. Same as amendment as UN Charters.
2. 2/3 votes in the general assembly and ratification by
2/3members in security council including all 5 permanent
members.
3. No amendment till now made in statute composition of
ICJ.
11. International Law is a Law
Starke ,
Oppenheimen,
Hall Lawrence
Schwarezenberger
Brierly
Pollock
Henry Maine
12. International Law – Weak Law
J.Loder
Lotus case
It was held in mostly unwritten
The pace of codification is very slow.
Many of the rules of the international law are quite
uncertain.
13. International Law – Not a Law
John Austin
Thomas Hobbs
Samuel Pufendorf
Bentham & Others.
Reasons:
It has no organs of the government (i.e, The judiciary ,
The executive and the Legislature)SOVEREIGN ,
COMMAND , SANCTION.
19. Conclusion
OPTIONAL CLAUSE JURISTICTION
Article 36(2) International court of Justice provide this.
State may recognise ICJ .
Queen vs Keyn
According to my understanding
I/L is a law which is in paper but not in Proper.
I/L is like a reel law not a real law.