Its consists of the emergence of international law, Expalanation of international law, reason why it is a weak law, Father of International law, types of law, Formulation of treaties, Why international law is not a real law, Nature of international law, basis of international law , sources of international law, famous case of international law and current state of international law
The study Notes on International Law which I prepared for examinations when I was student of LL.B. II in 2006. Hope it may be helpful in understanding the basics of the subject. But after studying it, the students should through the text books available on the subject.....Thanks
Sources of international law (by Advocate Raja Aleem)Raja Aleem
International Law is a rule that has been accepted as such by the "International Community".
The legal process that concerns relations among nations is called international law.
International law is a body of rules that govern relations between states, functioning of international institutions/organizations and rights and duties of individuals.
(There are three International Relationships are governed by “International Law”.)
1)Those between Nations and Nations
2)Those between Nations and persons; and
3)Those between Persons and Persons
Sources of International Law:
The term ‘source’ refers to methods or procedure by which International Law is created.
There are five sources of International law, According to section: 38(1) of the statute of the “International Court of Justice”. These are:
1.International Conventions or called “Treaties”
2.International Customs
3.General Principles of Law recognized by Civilized Nations
4.Decisions of Judicial and Arbitral Tribunals; and
5.Juristic Works or called “Writing of Eminent Jurists”
The study Notes on International Law which I prepared for examinations when I was student of LL.B. II in 2006. Hope it may be helpful in understanding the basics of the subject. But after studying it, the students should through the text books available on the subject.....Thanks
Sources of international law (by Advocate Raja Aleem)Raja Aleem
International Law is a rule that has been accepted as such by the "International Community".
The legal process that concerns relations among nations is called international law.
International law is a body of rules that govern relations between states, functioning of international institutions/organizations and rights and duties of individuals.
(There are three International Relationships are governed by “International Law”.)
1)Those between Nations and Nations
2)Those between Nations and persons; and
3)Those between Persons and Persons
Sources of International Law:
The term ‘source’ refers to methods or procedure by which International Law is created.
There are five sources of International law, According to section: 38(1) of the statute of the “International Court of Justice”. These are:
1.International Conventions or called “Treaties”
2.International Customs
3.General Principles of Law recognized by Civilized Nations
4.Decisions of Judicial and Arbitral Tribunals; and
5.Juristic Works or called “Writing of Eminent Jurists”
State is important topic in Private International Law. It is very important for all law students world widely. It covers all he content of State.This PPT gives a detail information of the state in present time.
Source of International Law. Detail of the source of International law. It is very important for those students who are preparing for Law exams, or who studying the law. It is also very important for Semester exams.
Concept of state, recognition and jurisdictionShivani Sharma
The slides discuss in detail the concept of State, State Recognition and Jurisdiction under International Law. Useful for Law Students and professionals.
What is international dispute? What are the various ways of settling the international dispute? Explain Pacific means of settling the dispute. Explain the coercive method of solving the dispute. In this ppt we deal with all these question that will be helpful for law exams.
Meaning and Definition of Nationality and Citizenship, Difference between nationality and citizenship, concept of second class citizen, Modes of acquiring citizenship. This ppt is very important for all law student who are preparing for judiciary and other competitive exam.
State is important topic in Private International Law. It is very important for all law students world widely. It covers all he content of State.This PPT gives a detail information of the state in present time.
Source of International Law. Detail of the source of International law. It is very important for those students who are preparing for Law exams, or who studying the law. It is also very important for Semester exams.
Concept of state, recognition and jurisdictionShivani Sharma
The slides discuss in detail the concept of State, State Recognition and Jurisdiction under International Law. Useful for Law Students and professionals.
What is international dispute? What are the various ways of settling the international dispute? Explain Pacific means of settling the dispute. Explain the coercive method of solving the dispute. In this ppt we deal with all these question that will be helpful for law exams.
Meaning and Definition of Nationality and Citizenship, Difference between nationality and citizenship, concept of second class citizen, Modes of acquiring citizenship. This ppt is very important for all law student who are preparing for judiciary and other competitive exam.
Nature of law and administration of justice by Dr. Rajashree J. Jawalesundarsasane
This topic deals with definition and concept of law , kinds and sources of law and Administration of Justice under Jurisprudence. This topic is useful for law students and for general public to understand the basic concepts ,
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
Commercial law, also known as business law or corporate law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.[1] It is often considered to be a branch of civil law and deals with issues of both private law and public law.
Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange, negotiable instruments, contracts and partnership.[2] It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes that contain comprehensive statements of their commercial law.In the United States, commercial law is the province of both the United States Congress, under its power to regulate interstate commerce, and the states, under their police power. Efforts have been made to create a unified body of commercial law in the United States; the most successful of these attempts has resulted in the general adoption of the Uniform Commercial Code, which has been adopted in all 50 states (with some modification by state legislatures), the District of Columbia, and the U.S. territories.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
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2. INTERNATIONAL LAW IS NOT REAL
LAW
According to Thomas Hobbes and John Austin law is command of
sovereign enforced by superior political authority.
John Austin said that its just a positive International Morality.
JOHN AUSTIN THOMAS
HOBBES
3. According to Thomas Erikson Holland and Jeremy Bentham International law
lacks effective legislative machinery, an executive machinery and potent
judiciary which is necessary for enforcement.
Bentham used the term International law for the first time
JEREMY BENTHAM THOMAS ERIKSON
4. INTERNATIONAL LAW IS A REAL
LAW
Hall and Lawrence :Law is followed and enforced and also derived from
custom and precedent law
Frederick Pollock :For law to exist the only condition is It should be
recognized by the political community as binding them and International law
satisfies this condition.
5. FATHER OF INTERNATIONAL LAW
Hugo Grotius divided law into segments
LAW
Positive Natural
Human Divine
Law of
nations
Civil or
municipal law
HUGO GROTIOUS
6. DEFINATION OF INTERNATIONAL
LAWProffesor L Oppenehiem- JL Brierly-Gray
Law of nations is the international law is the name of the body of customary and conventional
rules which are considered legally binding by the civilized states in their intercourse with each
other.(Limited definition ,No mention of UN or international organization)
Sir Robert Jennings and Sir arthur Watt
The above definition+ States are not only the subject matter of international law. International
Organizations to some extent and individuals may also be subject to international law.
Schwarzenberg
International law is the body of legal rules which apply between sovereign states and such
other entities as have been granted international entity recognization
7. NATURE OF INTERNATIONAL LAW
Not as effective as municipal law
International law is only binding on the states if the states agrees to it first otherwise not,
whereas municipal law will be implemented on anyone residing in that particular country.
Absence of real powers for the courts at international level to enforce the decision,as all armies
and police are under countries.
No codification
Hence it is a weak law in nature.
8. BASIS OF INTERNATIONAL LAW
Naturalist theory :says there is a higher reason why the law is law(no man can judge his
case)
Postivisim theory: Positive law is made by humans. According to this international law can
be divided into 2 categories public and private. The former referring to states and latter to
individuals.
Consent theory: State consent is the method whereby states identify and acknowledge the
rules they consider binding on themselves
Auto limitation theory: Voluntary restriction of sovereign of states by giving the power to
international law
Fundamental rights theory:Man is entitled to basic rights. Right to life ,dignity etc.
Pacta sun Servanda: agreement must be kept.States should fulfil the obligations under
treaties
9. SOURCES OF INTERNATIONAL LAW
ICJ(international court of justice)
location: The Hague, Netherlands
operational: April 1946
Below are the sources that come under article 38
International conventions
International customs(uniform state practice , belief that practice is
obligatory)
General principles of law recognized by civilized nations(eg pacta sunt
servanda, no man can judge his own case)
Judicial decisions(art 59:no precedent value but judicial decision of muncipal
court can serve as evidence if nothing works)
Equity and justice:when nothing works judges use good consciousness
10. CASE
LUTHER VS SAGOR 1921
Luther was from UK but had a business of timber in Russia .
In 1917 Russia nationalized all the Timber businesses ,therefore Luther had to come back to
UK.
UK citizen Sagor orders timber from Russia. Luther then claims that the Timber is his and UK
has never recognized the government of Russia.
If the government is not recognized its illegal.
At that time Russia was declared De Facto.
Luther claims that its recognised defacto now whereas his Timber was taken by him back then.
The court then declares that De Facto recognition gives Retrospection effect hence its Russia’s
Timber as all the work done by government before are valid
11. CURRENT STATE OF INTERNATIONAL LAW
There are international legislations created nowadays as treaties and conventions
These legislations have binding force behind them
States consider themselves bound by these legislations
The international community and UN can act against violation of this legislation
It’s a law that is stronger than past but yes weaker than municipal law till now
12. TREATY FORMULATION
Appointment of the representative by the contracting state
Negotiation and adoption
Signatures
Ratification
Accession and adhesion
Entry into force(date of ratification not signing)
Registration and publication(cannot be represented in UN or other bodies
if not done)
