International Law by Arees Khan Mangi International law, and its evolution Define International law ● Definitions International law, as defined by experts, refers to a system of rules, principles, and norms that govern the relations between sovereign states and other international actors, such as international organizations and individuals. It is a complex and dynamic body of law that addresses a wide range of issues, including diplomacy, human rights, trade, armed conflict, environmental protection, and more. International law provides the framework for cooperation, peaceful resolution of disputes, and the promotion of common interests in the global community. According to eminent legal scholars and experts: 1. P hilip C. Jessup:"International law is the body ofrules which are legally binding on States in their intercourse with each other. These rules are primarily those which govern the conduct of sovereign States and their relations inter se." 2. Hersch Lauterpacht:"International law is not a moralor political imperative but something that transcends human volition and exists as a system in itself, deriving its force from its own principles and rules." 3. James Crawford:"International law is the body oflaw that is formed through the interaction of states, international organizations, and individuals. It encompasses both written treaties and agreements, and customary practices that have been accepted as legal norms by states." 4. Martti Koskenniemi:"International law is an ongoingconversation among participants about the legal norms that apply to their conduct. It is a reflection of the values, power structures, and historical contexts of the international community." These definitions capture the essence of international law as a binding legal framework ● that shapes the behavior of states and other international entities, promoting order, cooperation, and justice in the global arena. ● theories 1. Natural vs positivist Positivism: 1 International Law by Arees Khan Mangi 1. Source of Law: ■ Positive Law:Positivism asserts that law, includinginternational law, derives from social or governmental institutions, such as legislation, treaties, and custom. Legal norms exist because they have been created and accepted by recognized authorities. 2. Empirical and Descriptive: ■ Observation and Analysis:Positivism focuses on describing what the law is, based on observable facts and existing legal structures. It does not concern itself with evaluating the moral or ethical aspects of the law. 3. Legal Validity: ■ Legal Positivism:Positivists believe that the validityof a law is determined by its source (i.e., whether it has been enacted by a legitimate authority) and not by its moral or ethical content. A law is valid if it has been properly promulgated, regardless of its moral implications. 4. Separation of Law and Morality: ■ Morality Not Inherent:Positivism separates law frommorality. Legal norms are distinct from moral norms, and the legitimacy of a law does not depend on its conformity with moral principles. 5. Legal Certainty: ■ Clarity and Predictability:Positivism emphasizesthe importance of clear, predictable, and enforceable legal rules. Legal decisions should be based on explicit laws and established precedents. 2. Natural Law: 1. Source of Law: ■ Moral and Universal Principles:Natural law theoryposits that law is based on inherent moral and ethical principles that exist in nature or are discoverable through reason. These principles are universal and apply to all human beings. 2. Normative and Prescriptive: ■ Evaluative Approach:Natural law is concerned withwhat the law ought to be rather than what it is. It evaluates legal norms based on their moral and ethical content, emphasizing justice, fairness, and human rights. 3. Objective Morality: ■ Moral Foundation:Natural law suggests that thereis an objective moral order that underpins legal principles. Laws that align with this moral order are just and legitimate, while laws contradicting it are unjust and should be challenged. 4. Interconnection of Law and Morality: ■ Inseparable from Morality:Natural law rejects thestrict separation between law and morality. It argues that legal norms 2 International Law by Arees Khan Mangi hould reflect moral values and that laws inconsistent with moral s principles lack legitimacy. 5. Flexibility and Moral Discretion: ■ Contextual Interpretation:Natural law allows forinterpretation and adaptation of legal principles based on moral considerations, enabling the law to evolve in response to changing societal values. 3. In summary, positivism emphasizes the empirical, descriptive, and formal aspects of law, focusing on its origins and legal validity. Natural law, on the other hand, emphasizes the moral and normative foundations of law, asserting that the legitimacy of legal norms is determined by their alignment with universal moral principles. These contrasting perspectives continue to shape debates in legal philosophy and influence the interpretation of laws, including international law. ● S everal theories and approaches have been developed to understand and explain the nature, origins, and functions of international law. These theories offer different perspectives on the foundations and purposes of international legal norms. Here are some of the prominent theories of international law: 1. Natural Law Theory: 1. B asis in Natural Law:This theory posits that certainprinciples of justice and morality are inherent in nature and can be discerned through reason. International law, according to natural law theorists, is derived from these universal moral principles. ● 2. Positivism: 1. B ased on Positive Law:Positivism asserts that internationallaw is derived from the consent of states and exists because states have agreed to abide by certain rules and norms. Treaties and customary practices form the basis of international law according to positivist theorists. ● 3. Legal Realism: 1. F ocus on State Interests:Legal realism emphasizesthe importance of state power and interests in shaping international law. According to this perspective, international law is a reflection of the actual behavior and power dynamics among states, rather than an abstract set of universal principles. ● 4. Institutionalism: 1. F ocus on International Organizations:Institutionalists emphasize the role of international organizations and institutions in the creation and enforcement of international law. They argue that these entities contribute to the development of norms and facilitate cooperation among states. 3 International Law by Arees Khan Mangi ● 5. Transnational Legal Theory: 1. B eyond State-Centrism:Transnational legal theorychallenges the traditional state-centric view of international law. It recognizes the influence of non-state actors, such as corporations, NGOs, and individuals, in shaping and implementing international legal norms. ● 6. Critical Legal Studies: 1. S ocial and Political Context:Critical legal scholarsanalyze international law within broader social, political, and economic contexts. They critique the power imbalances and inequalities embedded in international legal systems and explore how these structures can reinforce existing social hierarchies. ● 7. Feminist Legal Theory: 1. G ender Perspectives:Feminist legal theory examinesinternational law through the lens of gender, highlighting the ways in which international legal norms can perpetuate or challenge gender-based discrimination and inequality. ● 8. Third World Approaches to International Law (TWAIL): 1. P ost-Colonial Perspectives:TWAIL critiques internationallaw from post-colonial and anti-imperialist perspectives. It examines how international law has historically served the interests of powerful states and explores alternative legal frameworks that promote justice and equality for historically marginalized nations and peoples. ● 9. Law and Economics: 1. E conomic Efficiency:This theory applies economicprinciples to the analysis of international law. It evaluates legal rules and institutions based on their efficiency in promoting economic welfare and resource allocation among states. ● 10. Cosmopolitanism: 1. U niversal Moral Community:Cosmopolitanism arguesfor a global community founded on shared moral principles and obligations. It advocates for the recognition of individual rights and responsibilities beyond national borders, emphasizing a common humanity. These theories provide diverse perspectives on the nature and role of international law, ● reflecting the complexity and multidimensionality of the field. Scholars often draw on multiple theories to analyze and interpret international legal developments, considering the interplay of various factors and actors in the international arena. . A 1 ustin’s theory of legal positivism 2. Consent theory 4 International Law by Arees Khan Mangi . Natural law theory 3 Important terms ● . 1 2. 3. 4. 5. 6. us Genitium: The law of the states J Jus Cogen: The principles which forms the norms of international law Salus Populi suprema lex : welfare of the people is the supreme law Opinio Juris: Opinion of law, action carried due to legal obligation Expositors: Those who explain law Natural law: body of unchanging natural principles by virtue of human conduct Nature's origin and basis of international law Nature of International Law: 1. Primary Sources: ○ Treaties:International agreements between statesare a fundamental source of international law. Treaties can be bilateral (between two states) or multilateral (involving multiple states). ○ Customary International Law:This arises from theconsistent practice of states followed by a belief that such practice is legally obligatory (opinio juris). Customary international law develops over time as states engage in similar practices universally. ○ General Principles of Law:Common legal principlesrecognized by civilized nations are considered as a source of international law. ○ Judicial Decisions and Teachings of Publicists:Whilenot legally binding in themselves, decisions of international tribunals and writings of legal scholars contribute to the development and understanding of international law. 2. Subjects of International Law: ○ States:Primary subjects of international law. Stateshave rights and responsibilities under international law. ○ International Organizations:Entities like the UnitedNations and its specialized agencies are subjects of international law and have specific roles and responsibilities. ○ Individuals:Increasingly, individuals can be heldaccountable under international law, especially for crimes such as genocide, war crimes, and crimes against humanity. Origin of International Law: he origins of international law can be traced back to ancient civilizations, where treaties and T agreements between states and tribes were common. However, the modern system of international law began to take shape during the Middle Ages and the Renaissance in Europe. 5 International Law by Arees Khan Mangi 1. P eace Treaties:Treaties ending wars between European states established principles of state sovereignty and non-intervention, forming the basis of modern international law. 2. Treaty of Westphalia (1648):Often cited as the beginningof the modern state system, this treaty ended the Thirty Years' War in Europe and is considered a cornerstone of international law. It emphasized the principle of state sovereignty. 3. Colonial Expansion:The interactions between Europeanpowers and non-European civilizations led to the development of rules governing relations between different cultures and states. Basis of International Law: 1. C onsent:States are bound by international law becausethey consent to be bound. This can occur through treaty negotiations and ratifications. States voluntarily enter into agreements and are expected to abide by them. 2. Custom:Customary international law arises from theconsistent practice of states followed by a belief that such practice is legally obligatory. Customary rules become binding when states follow them out of a sense of legal obligation (opinio juris). 3. Peremptory Norms (Jus Cogens):These are fundamentalprinciples of international law that are accepted and recognized by the international community as a whole. They are norms from which no derogation is permitted and are considered universally binding. 4. Judicial Decisions:Decisions of international courtsand tribunals contribute to the development and interpretation of international law, especially in areas like human rights and international disputes. 5. Soft Law:Though not legally binding, soft law instrumentslike declarations, resolutions, and guidelines can influence state behavior and contribute to the development of customary international law. In summary, international law's nature, origin, and basis are rooted in historical practices, treaties, customary norms, and the consent of states. It continues to evolve as states and international actors navigate the complexities of global relations. Theories for the basis: . N 1 atural law theory: 2. Consent theory: Emergence he emergence of international law can be traced back over centuries, evolving through various T historical events and developments. Here is an overview of key milestones in the emergence of international law: . T 1 he prehistory of international law (Antiquity and the European Middle Ages); 2. Classical international law (1648-1919); 6 International Law by Arees Khan Mangi . T 3 he transition from classical to the modern international law (1919–1945); and 4. Modern international law (1945 to present). Ancient and Medieval Periods: 1. A ncient Civilizations:Ancient civilizations, suchas Mesopotamia and Egypt, had rudimentary forms of treaties and agreements between city-states and kingdoms. These agreements governed trade, border disputes, and alliances. 2. Greek City-States:Greek city-states, including Athensand Sparta, had treaties and alliances, setting early examples of interstate agreements. 3. Roman Law:The Roman Empire contributed significantlyto the development of legal principles, including the concept of jus gentium (law of nations), which applied to interactions between Romans and non-Romans. Middle Ages and Renaissance: 1. P eace Treaties and Diplomacy:Medieval Europe sawthe emergence of formal peace treaties, regulating conflicts between feudal lords and kingdoms. The Treaty of Westphalia in 1648, ending the Thirty Years' War, is often cited as a foundational moment for modern international law, emphasizing state sovereignty and non-interference in domestic affairs. 2. Canon Law:The Catholic Church's canon law influencedmedieval Europe and contributed to the development of legal principles governing ecclesiastical and secular relationships. Age of Exploration and Colonialism: 1. Interactions with Non-European Civilizations:Europeanpowers established legal frameworks to regulate interactions with non-European civilizations during the age of exploration and colonialism. Treaties and agreements were formed, setting rules for trade, territorial claims, and diplomatic relations. 18th and 19th Centuries: 1. E mergence of Diplomatic Immunity:The concept of diplomaticimmunity gained prominence during this period, providing diplomats with protection from prosecution and ensuring the smooth conduct of international relations. 2. Development of Treaties and Conventions:The 19th century witnessed the proliferation of treaties and conventions, regulating various aspects of international relations, including trade, navigation, and laws of war. Post-World War I and World War II: 7 International Law by Arees Khan Mangi 1. L eague of Nations:The League of Nations, established after World War I, aimed to promote peace and cooperation among states. Although it had limitations, it laid the groundwork for the United Nations and contributed to the development of international law principles. 2. United Nations:The United Nations, founded in 1945after World War II, became a central institution for the development and enforcement of international law. The UN Charter established principles of collective security, self-determination, and respect for human rights. Contemporary Developments: 1. H uman Rights:The post-World War II era saw the codificationand global recognition of human rights through documents like the Universal Declaration of Human Rights (1948) and subsequent international human rights treaties. 2. International Criminal Law:International tribunals,such as the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Court (ICC), were established to prosecute individuals for war crimes, crimes against humanity, and genocide, reinforcing the notion of individual accountability under international law. 3. Environmental Law:With the rise of global environmentalchallenges, international environmental agreements and conventions have been developed to address issues like climate change, biodiversity conservation, and sustainable development. he emergence of international law reflects the changing dynamics of global interactions, the T need for regulating interstate relations, and the recognition of common principles and values shared by the international community. It continues to evolve in response to new challenges and opportunities in the contemporary world. Early European authors arly European authors played a significant role in shaping the foundations of international law E through their writings and contributions. Some of the key figures in the early development of international law include: 1. H ugo Grotius (1583-1645):Often referred to as the"father of international law," Grotius was a Dutch jurist and philosopher. His seminal work, "De Jure Belli ac Pacis" (On the Law of War and Peace), published in 1625, laid the groundwork for modern international law. In this work, Grotius discussed the principles of just war, the concept of natural law, and the idea that certain laws apply to nations in times of peace and war. 2. Francisco de Vitoria (1483-1546):A Spanish Dominican friar and theologian, Vitoria is considered one of the founding figures of international law. He is known for his lectures and writings on the rights of indigenous peoples and the justifications for Spanish colonial activities in the Americas. His works emphasized the importance of respecting the sovereignty and rights of indigenous peoples. 8 International Law by Arees Khan Mangi 3. A lberico Gentili (1552-1608):An Italian jurist who spent much of his academic and professional life in England, Gentili wrote extensively on international law. His notable works include "De Jure Belli" (On the Laws of War) and "De Legationibus" (On Embassies), where he discussed the rights and duties of diplomats and the laws of war. 4. Emmerich de Vattel (1714-1767):A Swiss philosopherand legal theorist, Vattel's work "Le Droit des Gens" (The Law of Nations) was published in 1758. This influential book discussed the principles of international law, state sovereignty, and the rights and duties of states and individuals. Vattel's ideas greatly influenced the framers of the United States Constitution. 5. Christian Wolff (1679-1754):A German philosopher,Wolff made significant contributions to the understanding of international law in his work "Jus Gentium Methodo Scientifica Pertractatum" (The Law of Nations Treated According to a Scientific Method). He emphasized the idea of a global community governed by natural laws and discussed the legal principles governing states' interactions. 6. Emer de Vattel (1713-1767):Another Swiss jurist,Vattel is known for his work "Le Droit des Gens" (The Law of Nations). While sharing a similar title with Emmerich de Vattel's work, Emer de Vattel's book provided practical insights into the conduct of states in international relations, emphasizing the importance of diplomacy and treaties. hese early European authors laid the intellectual foundations for the modern discipline of T international law, influencing subsequent generations of scholars and policymakers. Their works continue to be studied and referenced in the field of international law today Nation-state system he nation-state system, also known as the state system, is a fundamental concept in T international law. It refers to the organization of the world into sovereign states, each having its own government, territory, population, and capacity to enter into relations with other states. The nation-state system forms the basis for modern international law and diplomacy. Here are key aspects of the nation-state system in international law: 1. Sovereignty: ● S tate Sovereignty:Each state is considered sovereign,meaning it has the supreme authority and independence to govern its territory and conduct its affairs without interference from other states. ● Recognition of Sovereignty:States are recognizedas sovereign entities by other states, implying mutual respect for each other's territorial integrity and political independence. 2. Territorial Integrity: 9 International Law by Arees Khan Mangi ● T erritorial Boundaries:States have clearly defined territorial boundaries, which are internationally recognized. Changes to these boundaries typically require mutual agreement or adherence to international law principles, such as self-determination. 3. International Legal Personality: ● S ubject of International Law:States are recognizedas subjects of international law, meaning they have legal personality and can enter into agreements, treaties, and conventions with other states and international organizations. 4. Diplomatic Relations: ● B ilateral and Multilateral Relations:States engagein diplomatic relations with each other, establishing embassies and consulates to facilitate communication and cooperation. ● Recognition of Governments:States recognize the governmentsof other states, which is crucial for establishing diplomatic ties. 5. International Treaties and Agreements: ● T reaties:States can enter into treaties and agreementswith each other, creating binding obligations under international law. Treaties are a primary means by which states regulate their relations. ● Customary International Law:State practices and behaviorsover time can establish customary international law, which is binding on states as a matter of legal obligation. 6. State Responsibility: ● R esponsibility for Violations:States can be heldresponsible under international law for their actions, including violations of human rights, breach of treaties, or acts of aggression. State responsibility implies accountability for wrongful conduct. 7. Intergovernmental Organizations: ● S overeign Participation:States can voluntarily joinintergovernmental organizations (IGOs) such as the United Nations, the European Union, and regional bodies, pooling some of their sovereignty for common goals while retaining their status as sovereign entities. 8. Non-Intervention: ● N on-Intervention Principle:States are expected to respect the sovereignty and independence of other states. The principle of non-intervention prohibits states from interfering in the domestic affairs of other states. 10 International Law by Arees Khan Mangi he nation-state system provides the framework within which international law operates. It is T essential for maintaining global order, fostering peaceful relations among states, and promoting cooperation in various fields, including trade, security, and human rights. While the concept of the nation-state has evolved over time, it remains a fundamental building block of the international legal system. Enforcement ● Theories of implementation: monoistic vs dualistic 1. Monistic theory : no implemntation required as international law is overriding. examples US and UK 2. Dualistic theory : implementation of legislation is required he enforcement of international law is a complex and multifaceted process that involves T various mechanisms and actors. Unlike domestic legal systems, international law lacks a centralized enforcement authority, such as a global police force or a universal court with jurisdiction over all cases. Instead, international law relies on a combination of voluntary compliance, diplomatic efforts, international organizations, and judicial mechanisms to ensure adherence to its principles and rules. We could also say it’s based on coordination rather than subordination as all countries are sovereign nations. Here are the main methods of enforcing international law: 1. Diplomatic and Political Pressure: ● D ialogue and Negotiation:States often resolve disputesthrough diplomatic negotiations, addressing concerns and finding mutually agreeable solutions to comply with international law. ● Sanctions:The international community, usually throughthe United Nations Security Council, can impose economic and diplomatic sanctions on states or entities that violate international norms. Sanctions are used as a coercive measure to encourage compliance. 2. International Courts and Tribunals: ● International Court of Justice (ICJ):The ICJ is theprincipal judicial organ of the United Nations. States can bring cases before the ICJ, and its judgments are binding on the parties involved. However, ICJ jurisdiction requires the consent of states. ● International Criminal Court (ICC):The ICC prosecutesindividuals for the most serious international crimes, including genocide, crimes against humanity, and war crimes. While states are parties to the ICC, individuals, including government officials, can be held accountable under its jurisdiction. 3. Ad Hoc and Hybrid Tribunals: 11 International Law by Arees Khan Mangi ● A d Hoc Tribunals:Specialized tribunals, such as theInternational Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), were established to address specific conflicts and prosecute individuals for crimes committed during those conflicts. ● Hybrid Tribunals:These are international courts establishedby both international and domestic authorities to address crimes within a specific country. An example is the Extraordinary Chambers in the Courts of Cambodia (ECCC). 4. Regional Human Rights Courts: ● E uropean Court of Human Rights:The European systemincludes the European Court of Human Rights, which hears cases related to human rights violations in European states. ● Inter-American Court of Human Rights:This court overseeshuman rights matters in the Americas, ensuring compliance with the American Convention on Human Rights. 5. International Organizations and Treaties: ● M onitoring Bodies:International organizations createcommittees and bodies to monitor compliance with treaties and conventions. States parties submit regular reports on their implementation efforts. ● Universal Periodic Review (UPR):The UPR process,conducted by the UN Human Rights Council, assesses the human rights records of all UN Member States. States make voluntary commitments to improve their human rights situations. 6. State Responsibility and Accountability: ● R esponsibility of States:States are internationallyresponsible for their wrongful acts and can be held accountable by other states, either through diplomatic means, arbitration, or adjudication. ● Individual Criminal Responsibility:Individuals, includingstate officials, can be prosecuted for international crimes before international or domestic courts, emphasizing personal accountability. 7. Customary International Law and General Principles: ● S tate Practice and Opinio Juris:Customary internationallaw evolves through consistent state practice and a belief (opinio juris) that such practice is legally obligatory. States can be held accountable based on customary international law norms. ● General Principles of Law:Certain general legal principles accepted by civilized nations are considered sources of international law. These principles can guide decisions in the absence of specific treaty provisions or customary rules. 8. Non-Governmental Organizations (NGOs) and Advocacy Groups: 12 International Law by Arees Khan Mangi ● N GO Advocacy:NGOs play a crucial role in advocatingfor international law compliance. They can raise awareness, document violations, and pressure governments to uphold international norms. 9. Collective Security Mechanisms: ● U nited Nations Security Council:The Security Councilhas the authority to enforce international peace and security. It can authorize military interventions, sanctions, or peacekeeping missions in response to threats to international peace. It's important to note that the effectiveness of international law enforcement often depends on political will, cooperation among states, and the willingness of the international community to uphold the rule of law. Enforcement mechanisms continue to evolve as the international legal system adapts to new challenges and developments in the global landscape. Effectiveness he effectiveness of international law is a topic of ongoing debate and analysis. Several factors T contribute to the effectiveness of international law, and its impact varies depending on the context, the specific legal issue, and the willingness of states and other actors to comply. Here are some key points regarding the effectiveness of international law: 1. Voluntary Compliance: ● C onsent-Based System:International law operates onthe principle of sovereign states voluntarily consenting to be bound by treaties and customary practices. Compliance depends on states' willingness to adhere to these agreements. 2. Normative Influence: ● S haping State Behavior:International law establishesnorms and standards that shape state behavior. It can influence domestic laws and policies, leading to changes in areas such as human rights, environmental protection, and trade practices. 3. Dispute Resolution: ● P eaceful Dispute Settlement:International law provides mechanisms for peaceful resolution of disputes, including negotiation, mediation, arbitration, and adjudication. These processes contribute to the resolution of conflicts between states. 4. Human Rights and Accountability: 13 International Law by Arees Khan Mangi ● P romoting Human Rights:International human rights treaties and conventions establish fundamental rights and hold states accountable for violations. They provide a basis for advocacy and legal action against human rights abuses. ● Individual Accountability:International criminaltribunals, such as the International Criminal Court (ICC), hold individuals accountable for war crimes, genocide, and crimes against humanity, promoting a culture of accountability. 5. Environmental Protection: ● G lobal Environmental Agreements:International environmentaltreaties address issues like climate change, biodiversity conservation, and pollution. While challenges persist, these agreements foster cooperation and coordinated action on a global scale. 6. Trade and Economic Relations: ● W TO and Trade Agreements:The World Trade Organization(WTO) oversees international trade rules, promoting trade liberalization, reducing trade barriers, and resolving trade disputes among member states. 7. Deterrence and Security: ● D eterrence:International law, particularly in armscontrol and non-proliferation areas, aims to deter states from engaging in aggressive or destabilizing actions by establishing clear rules and consequences for violations. ● Collective Security:International law supports collectivesecurity mechanisms, such as UN Security Council resolutions, to address threats to international peace and security. 8. Limitations and Challenges: ● E nforcement Challenges:Limited enforcement mechanismscan hinder the effectiveness of international law, especially when powerful states are involved. The enforcement of judgments and decisions from international courts and tribunals can face obstacles. ● State Sovereignty Concerns:Some states prioritizenational sovereignty over international obligations, leading to non-compliance or selective compliance with international norms. ● Cultural and Legal Diversity:Differences in legal systems, cultural norms, and interpretations of international law can create challenges in achieving universal adherence to certain principles. 9. Soft Law and Norm Entrepreneurship: 14 International Law by Arees Khan Mangi ● S oft Law Instruments:Non-binding agreements, declarations, and codes of conduct (soft law) can influence state behavior and pave the way for the development of binding international norms. ● Norm Entrepreneurship:Advocacy groups, academics,and international organizations play a role in shaping norms and pushing for new areas of international regulation, leading to the evolution of international law. In summary, the effectiveness of international law depends on a combination of factors, including state willingness to comply, the existence of clear norms and mechanisms, the efforts of international organizations and advocacy groups, and evolving global attitudes toward shared challenges. While international law faces challenges and limitations, it continues to play a vital role in shaping the behavior of states and other actors in the global arena. Weakness/criticism ● Weakness International law, while essential in promoting global cooperation and addressing common challenges, has several weaknesses that impact its effectiveness and implementation. Here are some of the key weaknesses of international law: 1. Lack of Enforcement Mechanisms: ○ L imited Enforcement:International law lacks a centralizedenforcement mechanism. While there are international courts and tribunals, their decisions are not always enforceable, relying on the willingness of states to comply voluntarily. ○ Power Disparities:Powerful states can often act withimpunity, challenging the perceived fairness and equality in the enforcement of international legal standards. ● 2. State Sovereignty Concerns: ○ S overeignty Challenges:States are often reluctantto cede their sovereignty to international bodies, leading to challenges in implementing and enforcing international laws, particularly when they conflict with domestic interests or policies. ○ Selective Compliance:States may selectively comply with international obligations, choosing which treaties or norms to adhere to based on their interests. ● 3. Cultural and Legal Diversity: ○ D iverse Legal Systems:Different legal traditionsand cultural norms worldwide create challenges in achieving universal acceptance and understanding of international laws and standards. 15 International Law by Arees Khan Mangi ○ C ultural Relativism:Discrepancies in cultural valuesand norms can lead to disagreements on human rights and social issues, making it difficult to establish universally applicable standards. ● 4. Complexity and Ambiguity: ○ C omplex Language:International legal texts are oftencomplex and technical, making them challenging to interpret and implement, especially for states with limited legal expertise. ○ Ambiguity:The wording of treaties and agreementscan be ambiguous, leading to varying interpretations and creating legal loopholes. ● 5. Limited Scope of International Law: ○ S tate-Centric Focus:International law primarily focuseson regulating the behavior of states, which can be insufficient in addressing issues involving non-state actors, such as multinational corporations and non-governmental organizations. ○ Gaps in Regulation:Certain areas, such as cybercrimeand emerging technologies, lack comprehensive international legal frameworks, leaving room for exploitation and illegal activities. ● 6. Political Influence and Geopolitics: ○ P olitical Considerations:Political considerationsoften influence international decision-making, leading to diplomatic compromises that might not fully align with legal principles. ○ Geopolitical Power Dynamics:Geopolitical power imbalancescan affect the enforcement of international law, especially in cases involving powerful states and their interests. ● 7. Inadequate Institutions and Resources: ○ L imited Institutional Capacity:International organizationsand institutions may lack the resources and authority needed to effectively monitor and enforce compliance with international laws. ○ Resource Constraints:States, particularly developing ones, may lack the resources necessary to implement international laws fully, hindering their ability to meet their obligations. ● 8. Slow Pace of Change: ○ A daptation Challenges:The slow pace at which internationallaw evolves can make it challenging to address rapidly changing global issues, such as technological advancements and emerging threats. Addressing these weaknesses requires ongoing efforts to strengthen international ● institutions, enhance enforcement mechanisms, promote cooperation between states, 16 International Law by Arees Khan Mangi nd bridge cultural and legal differences to create a more effective and equitable a international legal framework. ● Criticism International law, despite its significance and widespread acceptance, has faced various criticisms over the years. Some of the main criticisms include: 1. Lack of Enforcement: ○ L imited Enforcement Mechanisms:International lawlacks a centralized enforcement authority. While there are international courts and tribunals, their jurisdiction is often limited, and enforcement relies heavily on states' willingness to comply. ○ Selective Enforcement:Powerful states are often seenas able to act with impunity, leading to perceptions of bias and unequal application of international legal standards. ● 2. Sovereignty and Intervention: ○ S overeignty Concerns:Some states are wary of internationallaw infringing on their sovereignty. They may resist international interventions, viewing them as interference in domestic affairs. ○ Humanitarian Interventions:The concept of humanitarianintervention, where states or international organizations intervene in another state to protect civilians, is controversial. Debates arise over the legitimacy of such actions and their compliance with international law. ● 3. Inequality and Neo-Colonialism: ○ G lobal Inequality:Critics argue that internationallaw tends to favor powerful states and multinational corporations, perpetuating global inequalities. Developing nations often face challenges in participating equally in international legal processes. ○ Historical Injustices:The legacy of colonialism and historical injustices continue to affect international relations. Some argue that international law inadequately addresses these historical wrongs. ● 4. Cultural Relativism: ○ C ultural Differences:Different cultures have diversenorms and values. Critics argue that imposing Western-centric legal standards globally can lead to cultural imperialism and may not always be appropriate or effective. ● 5. Effectiveness and Reform: 17 International Law by Arees Khan Mangi ○ Ineffectiveness in Conflict Resolution:Internationallaw has limitations in resolving complex conflicts, especially those involving deep-rooted political, ethnic, or religious tensions. ○ Need for Reform:Some critics call for reforms inexisting international legal structures, advocating for changes in the composition and powers of international organizations to better address current global challenges. ● 6. Commercial Interests and Environmental Concerns: ○ C orporate Influence:Multinational corporations canexploit gaps in international regulations, leading to environmental degradation and human rights abuses. Critics argue that international law should do more to hold corporations accountable. ○ Environmental Concerns:While there are internationalenvironmental agreements, some critics contend that these agreements are insufficient to address pressing global environmental issues such as climate change. ● 7. Complexity and Inaccessibility: ○ C omplex Legal Language:The complexity of internationallegal texts can make them difficult to interpret, hindering understanding and compliance, particularly for smaller or less economically developed states. ○ Inaccessibility:Limited access to legal resourcesand expertise in some regions can pose challenges for states and individuals in understanding and navigating international legal processes. ● 8. Inadequate Protection of Vulnerable Groups: ○ L imited Protections:Some argue that internationallaw does not provide adequate protection for vulnerable groups, including refugees, migrants, and minorities, leading to human rights violations and displacement. It's important to note that these criticisms highlight areas where international law faces ● challenges, and ongoing efforts are made by scholars, policymakers, and international organizations to address these concerns and improve the effectiveness and fairness of the international legal system. Judicial basis he judicial basis of international law refers to the legal framework and institutions that interpret, T apply, and enforce international law. While international law lacks a centralized judicial system comparable to domestic legal systems, there are several international and regional courts and tribunals that play a crucial role in the development and application of international law. Here are some key elements of the judicial basis of international law: 18 International Law by Arees Khan Mangi 1. International Court of Justice (ICJ): ● T heICJis the principal judicial organ of the UnitedNations. It settles legal disputes between states and gives advisory opinions on legal questions referred to it by the UN General Assembly, UN Security Council, or specialized UN agencies. States must consent to the ICJ's jurisdiction for a case to be heard. 2. International Criminal Court (ICC): ● T heICCis the first permanent international courtestablished to prosecute individuals for the most serious international crimes, including genocide, crimes against humanity, war crimes, and aggression. The ICC can hold individuals accountable for their actions, even if they are acting on behalf of a state. 3. Specialized International Criminal Tribunals: ● ICTY and ICTR:The International Criminal Tribunalfor the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) were ad hoc international criminal tribunals established by the UN Security Council to prosecute individuals responsible for serious violations of international humanitarian law during specific conflicts. 4. Regional Courts and Tribunals: ● E uropean Court of Human Rights (ECHR):The ECHR hearscases related to human rights violations in European states that are parties to the European Convention on Human Rights. ● Inter-American Court of Human Rights:This regionalcourt oversees human rights matters in the Americas, ensuring compliance with the American Convention on Human Rights. 5. Arbitration and Dispute Resolution: ● International Arbitral Tribunals:States and other international actors often resort to arbitration to resolve disputes. Arbitral tribunals can be ad hoc or established under the Permanent Court of Arbitration (PCA) in The Hague. ● UNCLOS Tribunal:The International Tribunal for theLaw of the Sea (ITLOS) and Annex VII arbitral tribunals under the United Nations Convention on the Law of the Sea (UNCLOS) resolve maritime disputes between states. 6. Hybrid and Specialized Tribunals: 19 International Law by Arees Khan Mangi ● H ybrid Tribunals:These are international courts established by both international and domestic authorities to address crimes within a specific country. Examples include the Extraordinary Chambers in the Courts of Cambodia (ECCC). ● Specialized Tribunals:Some international agreementscreate specialized tribunals to address specific issues, such as trade disputes under the World Trade Organization (WTO) or investment disputes under bilateral investment treaties. 7. Advisory Opinions and Expert Panels: ● T he ICJ and other international bodies can provideadvisory opinionson legal questions at the request of the UN General Assembly, UN Security Council, or specialized UN agencies. ● Expert Panels:In certain cases, expert panels areappointed to assess specific issues, such as weapons inspections or environmental assessments, providing guidance based on their expertise. hile these institutions form the judicial basis of international law, it's important to note that their W effectiveness often depends on states' willingness to cooperate, comply with their decisions, and support the principles of international law. Future he future of international law is shaped by ongoing developments in the global political, social, T economic, and technological landscapes. While it is challenging to predict the future with certainty, several trends and areas of focus provide insight into the potential trajectory of international law: 1. Global Challenges and Multilateral Cooperation: ● C limate Change:International law will continue toevolve to address climate change, with an emphasis on global cooperation, emissions reduction targets, adaptation measures, and climate justice. ● Public Health:Future pandemics and health criseswill necessitate international legal frameworks to facilitate coordinated responses, equitable vaccine distribution, and public health preparedness. ● Cybersecurity:The rise of cyber threats will lead to the development of international norms and treaties addressing cybercrime, data privacy, digital rights, and state behavior in cyberspace. 2. Human Rights and Social Justice: ● S ocial and Economic Rights:International law willfocus on promoting social and economic rights, including access to education, healthcare, and housing, to address global inequalities and improve living standards. 20 International Law by Arees Khan Mangi ● R ights of Vulnerable Groups:Efforts to protect therights of refugees, migrants, minorities, LGBTQ+ individuals, and other vulnerable groups will remain a key focus, emphasizing inclusivity and non-discrimination. 3. Technological Advancements: ● A rtificial Intelligence:International legal frameworkswill be needed to regulate the ethical use of artificial intelligence, automated decision-making, and algorithms, addressing concerns related to bias, privacy, and accountability. ● Biotechnology:Advances in biotechnology, includinggene editing and biomedicine, will raise ethical and legal questions, requiring international cooperation to establish guidelines and standards. 4. Peace, Security, and Conflict Resolution: ● P revention and Mediation:Efforts to prevent conflictsand promote peaceful resolution will be emphasized, with a focus on preventive diplomacy, conflict mediation, and addressing the root causes of conflicts. ● Disarmament:International law will continue to playa role in arms control, disarmament treaties, and non-proliferation agreements, contributing to global peace and security. 5. Trade and Economic Relations: ● D igital Trade:International law will adapt to regulatedigital trade, e-commerce, and the cross-border flow of data, ensuring consumer protection, intellectual property rights, and fair competition. ● Fair Trade and Sustainable Development:Internationaltrade agreements will increasingly emphasize fair trade practices, environmental sustainability, and social responsibility, reflecting global concerns about climate change and social inequality. 6. Global Governance and International Institutions: ● R eform of International Institutions:Efforts to reformexisting international organizations, such as the United Nations and its specialized agencies, will continue to enhance their effectiveness, inclusivity, and responsiveness to global challenges. ● New Multilateral Initiatives:Flexible and issue-specific coalitions of states and organizations will emerge to address specific challenges, filling gaps in existing international governance structures. 7. Legal Technology and Access to Justice: ● L egal Tech:Technology, including blockchain and AI,will be utilized to enhance legal research, document analysis, dispute resolution, and contract enforcement, increasing the efficiency and accessibility of legal processes. 21 International Law by Arees Khan Mangi ● A ccess to Justice:Efforts to improve access to justice,especially for marginalized communities, will drive innovations in legal aid, alternative dispute resolution, and community-based legal services. 8. Cultural Heritage and Environmental Protection: ● C ultural Heritage Preservation:International lawwill focus on protecting cultural heritage sites, artifacts, and indigenous knowledge, addressing issues of cultural appropriation and heritage preservation. ● Biodiversity Conservation:Strengthened internationallegal frameworks will be crucial to address biodiversity loss, habitat destruction, and conservation efforts, ensuring the sustainable use of natural resources. hile these trends provide a glimpse into the future of international law, the field will continue to W evolve dynamically in response to emerging challenges, technological advancements, and the evolving needs of the global community. International law's adaptability and responsiveness will play a pivotal role in addressing complex global issues in the years to come. Material sources International law derives from several material sources, which are the substance and content of the law. These sources provide the basis for the rules and principles that govern the behavior of states and other international actors. The primary material sources of international law are: 1. Treaties and Conventions: ● B ilateral and Multilateral Treaties:Treaties areformal written agreements between states or international organizations. Multilateral treaties involve multiple parties. Treaties can cover a wide range of issues, such as human rights, trade, environmental protection, and disarmament. ● Customary International Law:Customary internationallaw arises from consistent state practice (what states do) that is accompanied by a sense of legal obligation (opinio juris). Customary norms reflect long-standing practices accepted as legally binding by the international community. 2. International Custom: ● S tate Practice:Customary international law is formedby the general and consistent practice of states. When states behave in a certain way over time and consider it obligatory, it becomes a binding custom. ● Opinio Juris:The belief that a particular practiceis obligatory under international law gives rise to opinio juris, an essential element for the formation of customary law. 3. General Principles of Law: 22 International Law by Arees Khan Mangi ● G eneral Legal Principles:Certain legal principlesare recognized across various legal systems, such as principles of equity, justice, and good faith. These principles are considered general principles of law and are applied in international legal reasoning. 4. Judicial Decisions and Legal Scholarship: ● J udicial Decisions:Decisions of international courtsand tribunals, such as the International Court of Justice (ICJ) and regional human rights courts, serve as important sources of international law. While they are binding only on the parties involved, they are persuasive for other cases and contribute to the development of customary law. ● Legal Scholarship:Works of legal scholars and experts,often cited in court decisions and academic writings, help interpret and clarify international legal principles. Scholarly writings contribute to the formation of customary law and the understanding of treaty obligations. 5. Soft Law and Declarations: ● S oft Law:Soft law refers to non-binding instrumentsand standards, such as guidelines, declarations, and resolutions. While not legally binding, they can influence state behavior, promote best practices, and contribute to the formation of customary law. ● UN Declarations and Resolutions:Declarations andresolutions of international organizations, especially those of the United Nations General Assembly and Security Council, can set standards, influence state conduct, and guide the development of international law. 6. Peremptory Norms (Jus Cogens): ● J us Cogens:Jus cogens norms are fundamental principlesof international law that are universally recognized and accepted. These norms, such as the prohibition of genocide and slavery, have a higher status in international law and cannot be derogated by states through treaties. hese material sources of international law form the basis for the rights and obligations of states T and other international entities, providing a framework for peaceful coexistence, cooperation, and resolution of disputes in the international community. Subjects, sources, and treaties Relation between international law and State law 23 International Law by Arees Khan Mangi International law vs municipal law 1. Scope and Applicability: ○ International Law:International law governs the relationshipsand interactions between sovereign states and other international entities. It is a system of rules and principles that nations recognize as binding in their dealings with each other. International law addresses issues such as treaties, diplomacy, human rights, and armed conflict. ○ Sources:International law is derived from treaties,customary practices, general principles, and judicial decisions. It is created through the consent of states and international actors. 2. E nforcement and Adjudication: ○ International Law:International law lacks a centralizedenforcement mechanism. Disputes between states are often resolved through diplomacy, negotiation, or international courts and tribunals like the International Court of Justice (ICJ). Enforcement relies on state compliance and international cooperation. ○ Jurisdiction:International courts have limited jurisdictionand can only hear cases when states voluntarily submit to their jurisdiction or when provided for in treaties. 3. S ubjects of Law: ○ International Law:Sovereign states and internationalorganizations are the primary subjects of international law. Individuals and corporations have limited rights and responsibilities directly under international law, although human rights treaties increasingly recognize individual rights. 4. F lexibility and Adaptability: ○ International Law:International law is flexible andadaptable, evolving in response to changing global circumstances, state practices, and emerging issues. It reflects the consensus and cooperation of states in the international community. 5. S cope and Applicability: ○ M unicipal Law:Municipal law, also known as nationalor domestic law, pertains to the legal systems of individual countries. It governs the relationships between individuals, entities, and the state within a specific country's borders. It covers various areas such as criminal law, contract law, property law, and administrative law. 6. E nforcement and Adjudication: 24 International Law by Arees Khan Mangi ○ M unicipal Law:Municipal law is enforced by nationalauthorities, including police, courts, and regulatory agencies. Violations of municipal law can lead to legal consequences, such as fines, imprisonment, or civil liability. Domestic courts have jurisdiction over cases arising under municipal law. 7. S ubjects of Law: ○ M unicipal Law:Individuals, corporations, governmententities, and other legal persons are subjects of municipal law. Municipal law governs the rights and obligations of these entities within the territory of the respective country. 8. H ierarchy and Sovereignty: ○ M unicipal Law:In many legal systems, municipal lawoperates within a hierarchical structure. Constitutions form the supreme law of the land, and other laws, regulations, and judicial decisions must comply with constitutional provisions. National legal systems are sovereign within their own territories, subject to international law only to the extent that they have voluntarily agreed to abide by international obligations. In summary, international law governs interactions between sovereign states and international actors, relying on cooperation, diplomacy, and mutual consent, while municipal law regulates the relationships and conduct of individuals, entities, and the state within a specific country's borders, enforced through national legal systems. International law and municipal law operate in distinct spheres but can intersect when domestic legal systems incorporate international legal norms through treaties or legislative acts. Sources of International Law article 38 of icj rticle 38 of the Statute of the International Court of Justice (ICJ) outlines the sources of law A that the Court considers when making decisions. It is a crucial provision that guides the Court's jurisprudence. Article 38 of the ICJ's statute reads as follows: " The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: . international conventions, whether general or particular, establishing rules expressly a recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law." This article outlines the following sources of law that the ICJ considers: 25 International Law by Arees Khan Mangi rticle 38 of the Statute of the International Court of Justice (ICJ) outlines the sources of A international law that the Court considers when resolving disputes submitted to it. These sources are applicable in the context of the relationship between international law and states. Here's how the relationship between international law and states is defined under Article 38 of the ICJ: 1. International Conventions (Treaties): ● R elation to States:Treaties are agreements betweenstates. When states enter into international conventions, they voluntarily bind themselves to the rules established in those treaties. The ICJ, in accordance with Article 38(a), applies these conventions when they have been expressly recognized by the contesting states in a particular case. 2. International Custom: ● R elation to States:Customary international law isbased on the general and consistent practice of states, indicating their acceptance of certain rules as legally binding (opinio juris). States, through their actions and behaviors over time, contribute to the formation of international custom. ● Application by ICJ:The ICJ, under Article 38(b),considers international custom as evidence of a general practice accepted as law. It reflects the behavior and beliefs of states, demonstrating the relationship between customary international law and state practice. 3. General Principles of Law: ● R elation to States:General principles of law recognizedby civilized nations are common legal principles that are accepted by states in their domestic legal systems. These principles reflect the legal traditions shared by states globally. ● Application by ICJ:Article 38(c) allows the ICJ toapply these general principles of law, demonstrating the relationship between these principles and the legal systems of states. The ICJ uses these principles to fill gaps in international law. 4. Judicial Decisions and Legal Scholarship: ● R elation to States:Judicial decisions (including international court rulings) and legal scholarship (writings of legal scholars) often involve analyses and interpretations of state behavior and international legal norms. ● Application by ICJ:Article 38(d) permits the ICJto consider judicial decisions and the teachings of the most highly qualified publicists as subsidiary means for the determination of rules of law. This acknowledges the influence of states and legal scholars in shaping international law. 26 International Law by Arees Khan Mangi In summary, Article 38 of the ICJ's statute reflects the interplay between international law and states. States actively participate in the creation of international law through treaties and consistent state practice, and their legal traditions contribute to the formulation of general principles of law. The ICJ, in turn, applies these sources of international law, taking into account the relationship between these sources and the actions and beliefs of states in the international arena. TLDR: .International Conventions:Treaties and agreementsbetween states are binding, and the a Court applies them when they are relevant to the dispute and have been accepted by the parties. b.International Custom:Customary internationallaw, formed by the consistent and general practice of states along with their belief that such practice is legally required (opinio juris), is a source of law. c.General Principlesof Law:The Court can apply general principles of law recognized by civilized nations, which are common legal principles acknowledged by many legal systems. d.Judicial Decisions and LegalScholarship:While not binding, judicial decisions (precedent) and the writings of legal scholars are considered subsidiary means for the Court to determine the rules of international law. rticle 38 serves as a guide for the ICJ in resolving disputes between states and ensures that A the Court's decisions are based on established principles and sources of international law. primary sources Primary/formal sources of International Law: 1. T reaties:International treaties and conventions areformal agreements between states or international organizations. Treaties are binding and constitute a significant source of international law. 1. Treaty making can be made law making if: 1. Recurrence of treaties laying down a similar rule 2. Generalised from the subsequent independent acceptance 3. Existence of a rule crystallised into law 2. Customary International Law:Customary internationallaw arises from consistent state practice (what states do) that is accompanied by a sense of legal obligation (opinio juris). Customary norms reflect long-standing practices accepted as legally binding by the international community. 1. requirements 1. long-standing 2. uninterrupted and well known 3. consistency and uniformity 4. generality of practice 5. Opinion of jurists 6. beneficial nature of customs 2. Tests for customs 27 International Law by Arees Khan Mangi . M 1 aterial : general recurrence of acts 2. Psychological (conviction that recurrence result of compulsion, opino juris) 3. Examples 1. Clipperton island case: island near Mexico given to France as long-standing uncontested French association 2. Paquette Habana case : Unarmed fishing vessels cannot be seized after blockade Non-binding/Material sources/Secondary sources 1. G eneral Principles of Law:Certain legal principlesare recognized across various legal systems, such as principles of equity, justice, and good faith. These principles are considered general principles of law and are applied in international legal reasoning. 2. Judicial Decisions and International Court Rulings:Decisions of international courts and tribunals, such as the International Court of Justice (ICJ) and other specialized courts, serve as important sources of international law. These decisions contribute to the development of customary law and provide interpretations of treaties and international norms. 3. Legal Scholarship:Works of legal scholars and experts,often cited in court decisions and academic writings, help interpret and clarify international legal principles. Scholarly writings contribute to the formation of customary law and the understanding of treaty obligations. hese primary sources of international and state law provide the foundation for legal systems at T both the international and national levels, guiding the behavior of states and individuals within their respective jurisdictions. State law primary sources secondary sources econdary sources of international law refer to writings, analyses, and interpretations by legal S scholars, experts, and practitioners that provide commentary, explanations, and critiques of international legal principles and issues. These sources are not legally binding but are valuable references for understanding and applying international law. Here are some examples of secondary sources of international law: 1. Legal Commentaries and Treatises: ● B ooks and Articles:Scholars write books and articlesanalyzing specific aspects of international law, treaties, cases, or legal doctrines, providing in-depth insights and interpretations. 28 International Law by Arees Khan Mangi ● L egal Encyclopedias:Encyclopedic works, such as the "Max Planck Encyclopedia of Public International Law," provide comprehensive coverage of international law topics, offering detailed explanations and references. 2. Law Journals and Periodicals: ● A cademic Journals:Numerous law journals, like the"American Journal of International Law" and the "European Journal of International Law," publish articles, case analyses, and commentary on various international legal issues. ● Specialized Magazines:Magazines focused on internationalaffairs and law often feature articles by legal experts discussing current events and legal implications. 3. Research Papers and Working Papers: ● T hink Tanks and Research Institutions:Institutionslike the United Nations Research Institute for Social Development (UNRISD) and the International Law and Policy Institute (ILPI) publish research papers exploring international legal topics. ● University Research Centers:Academic institutionsand universities frequently publish working papers and research papers written by scholars and researchers. 4. Conference Proceedings and Symposia: ● C onference Papers:Proceedings of international lawconferences and symposia often contain scholarly papers presented by experts, providing valuable insights into emerging international legal issues. ● Symposium Publications:Academic institutions oftenorganize symposia focused on specific international law themes, resulting in publications that compile the presented papers and discussions. 5. Case Law Commentaries: ● C ase Digests:Legal experts compile case summariesand analyses, providing insights into significant international court decisions and their implications for international law. ● Annotated Case Law:Annotations and commentaries accompanyinglegal cases offer interpretations and analyses of judicial reasoning, aiding in the understanding of court decisions. 6. Online Blogs and Websites: ● L egal Blogs:Law professors, practitioners, and organizations maintain blogs discussing recent developments, cases, and issues in international law, offering accessible and timely analysis. ● Academic Websites:Many universities and academicinstitutions host online resources, including articles, papers, and analyses, freely accessible to the public. 29 International Law by Arees Khan Mangi 7. Research Reports and Policy Papers: ● International Organizations:Organizations like theUnited Nations, World Bank, and International Monetary Fund publish research reports and policy papers addressing global challenges, often with legal analyses and recommendations. hese secondary sources play a crucial role in expanding the understanding of international T law, providing context, interpretations, and critiques that contribute to the ongoing development of the field. Researchers, legal professionals, and students frequently rely on these sources to enhance their knowledge of international legal principles and applications. econdary sources of state law are materials that provide explanations, analyses, S interpretations, and discussions of legal principles and issues within a specific jurisdiction. These sources are not primary legal authorities but are valuable references for legal professionals, researchers, and students seeking a deeper understanding of state law. Here are some common examples of secondary sources of state law: 1. Legal Commentaries and Treatises: ● B ooks and Articles:Legal scholars and experts oftenwrite books and articles on various aspects of state law, providing in-depth analyses of statutes, cases, and legal doctrines. ● Legal Encyclopedias:Encyclopedic works, like "CorpusJuris Secundum" in the United States, provide comprehensive coverage of state law topics, offering detailed explanations and references to relevant cases and statutes. 2. Law Journals and Periodicals: ● L aw Reviews:Academic law journals and reviews publisharticles, case analyses, and commentary on state-specific legal issues, providing scholarly insights into recent developments and legal trends. ● Bar Association Journals:Bar associations often publishjournals featuring articles by legal practitioners and experts, discussing practical aspects of state law practice. 3. State Bar Association Publications: ● P ractice Guides:Bar associations publish practiceguides and manuals that offer practical advice and procedural information for legal practitioners in specific areas of state law. ● Newsletters:Bar association newsletters provide updates on recent case law, legislation, and legal events, keeping legal professionals informed about state-specific legal developments. 4. Legal Research Databases: 30 International Law by Arees Khan Mangi ● O nline Platforms:Legal research platforms like Westlaw,LexisNexis, and Bloomberg Law provide access to secondary sources such as legal encyclopedias, treatises, and law review articles, facilitating comprehensive legal research. ● State Bar Association Websites:State bar associationwebsites often offer resources, publications, and articles addressing state-specific legal issues and practice areas. 5. Court Rules and Practice Manuals: ● L ocal Court Rules:Courts often publish local rulesand guidelines governing procedures specific to their jurisdiction, offering practical insights for legal practitioners. ● Practice Manuals:Practice manuals provide detailedprocedural guidance and practice tips for specific areas of state law practice, helping lawyers navigate court procedures effectively. 6. Legal Blogs and Websites: ● L egal Blogs:Lawyers and law firms maintain blogsdiscussing recent state-specific legal developments, cases, and legislative changes, offering practical insights and commentary. ● State Government Websites:State government websitesoften provide access to statutes, regulations, and legal resources, serving as valuable references for legal researchers. 7. Academic Theses and Dissertations: ● U niversity Libraries:Academic theses and dissertations,especially those available in university libraries, can offer in-depth research and analyses on specific state law topics. 8. Expert Reports and Whitepapers: ● R esearch Institutions:Reports and whitepapers fromlegal research institutions and think tanks often provide expert analyses and policy recommendations related to state-specific legal issues. hese secondary sources of state law complement primary legal authorities (such as statutes, T regulations, and case law) by providing context, historical background, and expert opinions, enhancing the understanding of legal principles and their practical applications within a specific jurisdiction. soft law Soft Law in International Law: 31 International Law by Arees Khan Mangi oft law refers to non-binding instruments and principles that do not have the same legal force S as formal treaties and conventions. While not legally binding, soft law instruments, such as declarations, guidelines, resolutions, and codes of conduct, play an important role in shaping international norms and behavior. Soft law can be adopted by international organizations, states, or other non-state actors. The significance of soft law lies in its ability to influence state behavior, encourage cooperation, and promote common standards without the formal enforcement mechanisms associated with treaties. xamples of soft law in international law include the Universal Declaration of Human Rights, E United Nations General Assembly resolutions, and non-binding agreements and principles related to environmental protection, sustainable development, and human rights. Soft law instruments provide flexibility, allowing states to adapt to changing circumstances and negotiate common standards without the stringent legal obligations of formal treaties. Soft Law vs. State Law: 1. Legal Status: ○ Soft Law:Soft law lacks legal binding force. Whileit represents international consensus and may influence state behavior, compliance is voluntary, and there are no legal consequences for non-compliance. ○ State Law:State laws are legally binding within theirrespective jurisdictions. They are enacted and enforced by national governments and are obligatory for individuals and entities within the state's territory. 2. Enforcement: ○ Soft Law:Soft law lacks formal enforcement mechanisms.Compliance depends on states' willingness to adhere to the principles and norms outlined in soft law instruments. ○ State Law:State laws are enforceable through domesticlegal systems. Violations can lead to legal consequences, including fines, imprisonment, or other penalties. 3. Flexibility and Adaptability: ○ Soft Law:Soft law offers flexibility and adaptability,allowing states to adopt and modify standards based on changing circumstances and evolving international consensus. ○ State Law:State laws can be amended or repealed throughlegislative processes, but changes typically require formal procedures and may take time to implement. 4. Application: ○ Soft Law:Soft law often addresses global or cross-borderissues, providing common standards for states to consider and voluntarily adopt. ○ State Law:State laws are specific to individual countries and govern internal matters within their respective territories. 32 International Law by Arees Khan Mangi hile soft law in international law provides a framework for cooperation and consensus-building W on global issues, state law is binding and enforceable within a specific jurisdiction, governing the behavior of individuals and entities within the boundaries of the state. Recognition personality and statehood ince international law is primarily concerned with the rights and duties of states, it is necessary S to have a clear idea of what a state is, for the purposes of international law.1 The answer to this question is less simple than one might suppose. However, it should be noted that in practice, disputes tend to focus on factual issues rather than on the relevant legal criteria.2 The 1933 Montevideo Convention on Rights and Duties of States provides in Article 1: The State as a person of international law should possess the following qualifications: (a) a permanent population; (b) a defined territory; (c) government; and (d) capacity to enter into relations with other States.3 The first three criteria (a)–(c) correspond to established international practice and to the so-called doctrine of the three elements (‘DreiElementen-Lehre’) formulated by the German writer Georg Jellinek at the end of the nineteenth century.4 They will be considered first before discussing suggestions for additional criteria. ● S pecific requirements laid down in the European Community guidelines for recognition and the establishment of diplomatic relations are: ○ respect for the provisions of the Charter of the United Nations and the commitments subscribed to in the Final Act of Helsinki and in the Charter of Paris, especially with regard to the rule of law, democracy and human rights; ○ guarantees for the rights of ethnic and national groups and minorities in accordance with the commitments subscribed to in the framework of the CSCE; ○ respect for the inviolability of all frontiers which can only be changed by peaceful means and by common agreement; ○ acceptance of all relevant commitments with regard to disarmament and nuclear non-proliferation as well as to security and regional stability; ○ commitment to settle by agreement, including where appropriate by recourse to arbitration, all questions concerning state succession and regional disputes Subjects of International Law he subjects of international law are entities that possess international legal personality and are T capable of having rights and duties under international law. The primary subjects of international law are: 1. Sovereign States: 33 International Law by Arees Khan Mangi ● Independent States:All recognized sovereign statesare subjects of international law. Regardless of their size, population, or political system, states have equal standing in international law. They can enter into treaties, engage in diplomatic relations, and participate in international organizations. ● exceptions: ○ Individuals acting on behalf of the state ○ Working on the behest of a state ○ Acts of individuals using territory of a state 2. International Organizations: ● Intergovernmental Organizations (IGOs):Organizationscreated by states through treaties, such as the United Nations, World Trade Organization, and International Monetary Fund, are subjects of international law. They have rights and duties specified in their founding treaties. ● Non-Governmental Organizations (NGOs):While not typicallyconsidered traditional subjects of international law, certain NGOs, especially those with observer status in international organizations, can participate in international processes and contribute to the development of international norms. 3. Non-State Entities Recognized as Subjects in Specific Contexts: ● N ational Liberation Movements:In certain cases, nationalliberation movements fighting against colonial or foreign domination and occupation have been recognized as subjects of international law. ● Dependent Territories:Some territories that are notfully sovereign states but have a significant degree of self-government, like territories under the administration of the United Nations, can be considered subjects in specific contexts. 4. International Courts and Tribunals: ● International Court of Justice (ICJ):The ICJ, asthe principal judicial organ of the United Nations, is a subject of international law. It resolves legal disputes between states and gives advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies. 5. Individuals: ● L imited Rights:While individuals are generally notconsidered full subjects of international law, they have gained certain rights and protections under specific treaties and customary international law. For example, individuals can be held accountable for international crimes before international criminal tribunals like the International Criminal Court (ICC). 34 International Law by Arees Khan Mangi It's important to note that the concept of subjects in international law is evolving. While states remain the primary subjects, the role of international organizations, non-state actors, and individuals continues to expand, reflecting the changing dynamics of the international system. Additionally, the recognition of new subjects often occurs through specific treaties or international agreements. recognition in international law and national law ecognition in international law refers to the formal acknowledgment by one state of the legal R existence and sovereignty of another state. It is a fundamental concept in international relations, as states need to recognize each other as sovereign entities in order to engage in diplomatic relations and establish legal, economic, and political interactions. Recognition can also pertain to the acknowledgment of governments, independence movements, or other entities in specific contexts. Here are different aspects of recognition in international law: 1. Recognition of States: ● D e Jure Recognition:De jure recognition occurs whenone state formally acknowledges the legal existence and sovereignty of another state. De jure recognition implies acceptance of the recognizing state that the newly formed state fulfills the criteria of statehood, including a defined territory, a permanent population, a government, and the capacity to enter into relations with other states. ● De Facto Recognition:De facto recognition acknowledgesthe effective control and governance of a territory by a particular entity or government, even if the recognizing state does not formally acknowledge it as a sovereign state. De facto recognition may be practical and based on the entity's ability to exercise authority rather than its legal status. 2. Recognition of Governments: ● R ecognition of Governments:States may recognize specificgovernments as the legitimate authorities of a recognized state. Recognition of a government implies acceptance of its authority to represent the state and enter into international agreements on behalf of the state. ● Non-Recognition:States may choose not to recognizea particular government due to concerns about its legitimacy, human rights violations, or other factors. Non-recognition does not necessarily mean non-engagement, as states may engage with non-recognized governments in various ways, such as through diplomatic channels. oday a clear distinction must be made between the recognition of a state and the recognition of T a government. The recognition of a state acknowledges that the entity fulfils the criteria of statehood. The recognition of a government implies that the regime in question is in effective control of a state. The basic difference is that the recognition of a government necessarily has the consequence of accepting the statehood of the entity which the regime is governing, while 35 International Law by Arees Khan Mangi the recognition of a state can be accorded without also accepting that a particular regime is the government of that state.67 3. Recognition of Independence Movements: ● R ecognition of Independence Movements:In certainsituations, states or international actors may recognize the independence of a territory or a national liberation movement, acknowledging their right to self-determination. Recognition of independence movements can be controversial and often depends on political considerations and international consensus. 4. Recognition of Belligerency: ● R ecognition of Belligerency:During armed conflicts,states may recognize the belligerent status of a non-state actor, such as a rebel group, acknowledging its capacity to engage in hostilities. Recognition of belligerency can have legal implications under international humanitarian law. 5. Recognition in International Organizations: ● M embership in International Organizations:Statesseeking membership in international organizations must often be recognized as sovereign states by existing member states to gain admission. ecognition in international law is a complex and politically sensitive issue. It can have R significant implications for diplomatic relations, economic interactions, and the legal status of entities in the international arena. The criteria and processes for recognition vary and are often influenced by political, historical, and regional factors. types of states and non-state actors Theories of recognition he theory of recognition in international law refers to the process by which states and T international entities formally acknowledge the existence and legitimacy of other states, governments, or international organizations. Recognition is a fundamental aspect of international relations as it determines the legal and diplomatic status of entities within the international community. Several theories and principles guide the process of recognition in international law: *1. Declarative Theory: 36 International Law by Arees Khan Mangi ● D efinition:The declarative theory of recognition posits that a state exists as a matter of fact when it meets the criteria of statehood, regardless of other states' recognition. Recognition merely acknowledges an existing state; it does not create the state. ● Relevance:According to this theory, statehood isdetermined by meeting specific criteria such as a defined territory, a permanent population, a government, and the capacity to enter into relations with other states. *2. Constitutive Theory: ● D efinition:The constitutive theory asserts that astate's existence is contingent upon recognition by other states. In this view, a state is not considered legitimate until it is recognized by the international community. ● Relevance:According to this theory, states gain legalpersonality and international rights and obligations through recognition by other states. A state is not fully sovereign until it is recognized by others. *3. Treaty-Based Recognition: ● D efinition:States may agree through treaties or agreementsto recognize specific entities. Recognition in such cases is based on the provisions outlined in the treaty. ● Relevance:Treaty-based recognition allows statesto formalize their acknowledgment of new entities or governments and often includes terms and conditions for recognition. *4. Conditional Recognition: ● D efinition:Some states may grant recognition to entitiesor governments under certain conditions, such as adherence to democratic principles, respect for human rights, or peaceful resolution of conflicts. ● Relevance:Conditional recognition emphasizes compliancewith specific criteria, ensuring that the recognized entity meets internationally accepted standards. *5. Non-Recognition and Recognition Withdrawal: ● D efinition:States may choose not to recognize certainentities or governments due to political, ideological, or strategic reasons. Recognition can also be withdrawn if a recognized entity no longer fulfills the criteria for statehood. ● Relevance:Non-recognition and recognition withdrawalare diplomatic tools used to express disapproval, protest certain policies, or influence the behavior of other states or entities. ecognition in international law is a complex and dynamic process influenced by political, legal, R and practical considerations. States' decisions to recognize or not recognize entities or governments can have significant implications for diplomatic relations, international legitimacy, and the rights and obligations of the recognized entities in the global arena. Different states and 37 International Law by Arees Khan Mangi international actors may apply different theories and principles of recognition based on their perspectives and interests. International Institutions and the law of treaties International institutions Legal aspects International organizations, as entities established by states through treaties or agreements, operate within a legal framework that defines their structure, functions, powers, and responsibilities. Here are the key legal aspects of international organizations: 1. Legal Personality: ● International Legal Personality:International organizationshave international legal personality, meaning they can enter into agreements, own property, sue, and be sued in their own capacity. They are distinct legal entities from their member states. ● Derivation:Legal personality is derived from theconstituent treaty or agreement that establishes the organization. The treaty grants the organization the legal capacity to act on the international stage. 2. Constituent Instruments: ● C onstitution or Charter:International organizationsare governed by their constitutive instruments, such as a constitution or charter. These documents outline the organization's purposes, functions, structure, membership criteria, and decision-making processes. ● Amendment:Amendments to the constituent instrumentsoften require the consent of member states or specified majorities, ensuring that significant changes have widespread support. 3. Powers and Functions: ● E numerated Powers:International organizations havepowers that are explicitly granted to them in their constitutive instruments. These powers are limited to the organization's stated objectives. ● Implied Powers:Organizations may exercise powersnecessary to fulfill their stated objectives, even if these powers are not explicitly mentioned in the constituent instruments. 38 International Law by Arees Khan Mangi 4. Membership: ● A dmission Criteria:The criteria for membership ininternational organizations are outlined in their constitutive documents. States or other entities must meet these criteria to become members. ● Suspension and Expulsion:International organizationsmay suspend or expel members based on specified grounds, ensuring compliance with organizational rules and standards. 5. Decision-Making: ● V oting Procedures:Constituent instruments definevoting procedures for decision-making within international organizations. Voting may be based on consensus, a simple majority, a qualified majority, or other specified criteria. ● Decision-Making Bodies:Organizations often have bodies,such as general assemblies, councils, or executive committees, where decisions are made according to the established procedures. 6. Legal Capacity and Immunities: ● L egal Capacity:International organizations can sueand be sued, enter into contracts, and enjoy privileges and immunities similar to those of states to perform their functions effectively. ● Diplomatic Immunity:The officials and representativesof international organizations often have diplomatic immunity, protecting them from legal jurisdiction and ensuring their independence in performing their duties. 7. Responsibility and Accountability: ● S tate Responsibility:States are responsible for theactions of their international organizations under international law. If an organization violates international law, states may be held responsible. ● Internal Accountability:International organizationshave internal mechanisms, such as internal audits and oversight bodies, to ensure accountability, transparency, and compliance with their rules and policies. 8. Relationship with Member States: ● M ember States' Obligations:Member states are obligedto abide by the decisions and rules of international organizations to which they belong. ● Coordination:International organizations coordinatewith member states to harmonize policies, share information, and address common challenges. 39 International Law by Arees Khan Mangi hese legal aspects form the foundation for the functioning of international organizations, T ensuring that they operate within defined parameters and adhere to international law while fulfilling their designated roles in the global community. Legal institutions International institutions play a crucial role in the development and implementation of international law. These institutions are organizations formed by states or international actors to facilitate cooperation, promote peace, address global challenges, and regulate various aspects of international relations. Here are some key international institutions in international law: 1. United Nations (UN): ● T he United Nations is the largest and most influential international organization. It was established to promote international peace and security, foster cooperation in solving international economic, social, cultural, and humanitarian problems, and uphold international law. The UN includes various specialized agencies, such as the International Court of Justice (ICJ), the International Monetary Fund (IMF), and the World Health Organization (WHO), among others. 2. International Court of Justice (ICJ): ● T he ICJ is the principal judicial organ of the United Nations. It settles legal disputes between states and gives advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies. The ICJ plays a significant role in the development and interpretation of international law. 3. World Trade Organization (WTO): ● T he WTO is an international organization dealing with the global rules of trade between nations. It provides a framework for negotiating trade agreements, settling trade disputes, and ensuring compliance with international trade rules. The WTO agreements are a significant aspect of international economic law. 4. International Monetary Fund (IMF) and World Bank: ● T he IMF and the World Bank are international financial institutions that promote international monetary cooperation, exchange stability, balanced trade, employment, and economic growth. They provide financial assistance to member countries and support projects for economic development. 5. International Criminal Court (ICC): 40 International Law by Arees Khan Mangi ● T he ICC is an independent international organization that prosecutes individuals for the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. It complements national legal systems and ensures accountability for serious international crimes. 6. International Labour Organization (ILO): ● T he ILO is a United Nations agency that sets international labor standards and promotes social protection and fair employment opportunities. It establishes and monitors international labor conventions and recommendations, ensuring decent work conditions globally. 7. International Maritime Organization (IMO): ● T he IMO is a specialized agency of the United Nations responsible for regulating shipping. It develops and maintains a comprehensive framework of global maritime rules, ensuring the safety, security, and environmental performance of international shipping. . United Nations Educational, Scientific and Cultural Organization 8 (UNESCO): ● U NESCO promotes international collaboration in education, sciences, and culture. It develops international agreements and conventions related to education, cultural heritage preservation, media development, and scientific cooperation. 9. World Health Organization (WHO): ● T he WHO is a specialized agency of the United Nations responsible for international public health. It sets international health standards, provides technical assistance, and conducts health research to improve global health outcomes. hese international institutions, among others, contribute significantly to the formulation, T implementation, and enforcement of international law across various domains, fostering cooperation and addressing global challenges in the international arena. responsibility of IO International institutions, including intergovernmental organizations, international legal bodies, and specialized agencies, have various responsibilities based on their specific mandates and purposes. While these responsibilities can vary widely depending on the organization's function, there are several common areas in which international institutions typically have key responsibilities: 41 International Law by Arees Khan Mangi 1. Promotion and Maintenance of International Peace and Security: ● C onflict Prevention:International institutions workto prevent the outbreak of conflicts between states and within regions. ● Peacekeeping:Many institutions, like the United Nations,engage in peacekeeping operations to maintain peace and stability in conflict zones. 2. Promotion of Human Rights and Social Justice: ● H uman Rights:International institutions are involvedin the promotion and protection of human rights globally. They monitor human rights violations, advocate for human rights standards, and provide assistance in capacity-building. ● Social Justice:Institutions work towards social justiceby addressing issues such as poverty, inequality, discrimination, and social exclusion. 3. Economic Development and Cooperation: ● E conomic Assistance:International institutions providefinancial and technical assistance to developing countries to support economic growth, infrastructure development, and poverty reduction. ● Trade and Economic Stability:They facilitate internationaltrade, establish economic standards, and promote economic stability and sustainable development. 4. Global Health and Public Health Challenges: ● D isease Control:Institutions like the World HealthOrganization (WHO) work on global health issues, disease control, and pandemic response. ● Healthcare Access:They aim to improve healthcareaccess, especially in low-income countries, and promote health equity and disease prevention. 5. Environmental Protection and Sustainability: ● C limate Change Mitigation:International institutionsengage in efforts to mitigate climate change, promote renewable energy, and reduce greenhouse gas emissions. ● Biodiversity Conservation:They work towards the conservationof biodiversity, protection of ecosystems, and sustainable management of natural resources. 6. Promotion of Education and Cultural Exchange: ● E ducation:International institutions support educationalinitiatives, promote literacy, and improve educational access in developing countries. ● Cultural Exchange:They facilitate cultural exchangeprograms, preservation of cultural heritage, and mutual understanding among nations. 42 International Law by Arees Khan Mangi 7. Refugee and Migration Issues: ● R efugee Protection:International institutions addressthe needs of refugees, internally displaced persons, and stateless individuals, providing humanitarian aid and advocating for their rights. ● Migration Management:They work on global migrationissues, supporting policies and practices that ensure safe and orderly migration. 8. Disaster Response and Humanitarian Aid: ● H umanitarian Assistance:International institutionsprovide emergency relief and humanitarian aid in response to natural disasters, conflicts, and other crises. ● Disaster Preparedness:They support disaster preparedness,early warning systems, and capacity-building in vulnerable regions. 9. Arbitration and Conflict Resolution: ● A rbitration:Some international institutions, suchas the International Court of Justice (ICJ), provide mechanisms for states to resolve disputes peacefully through arbitration and judicial proceedings. ● Mediation:They facilitate diplomatic efforts andmediate conflicts between states or parties within states. he responsibilities of international institutions are diverse and reflect the interconnected and T complex challenges of the modern world. These institutions collaborate with member states, non-governmental organizations, and other stakeholders to address global issues, promote cooperation, and uphold international norms and standards. liability and accountability of international organizations iability and accountability of international institutions are essential concepts that ensure these L organizations are held responsible for their actions and decisions. Here's a more detailed breakdown of these terms: Liability of International Institutions: 1. L egal Immunity:Many international institutions, especiallyintergovernmental organizations like the United Nations, enjoy legal immunity from the jurisdiction of national courts. This immunity protects them from lawsuits and legal actions in host countries. 2. Contractual Liability:International institutionscan enter into contracts, and they can be held liable for breach of contract under international law. Disputes arising from contracts with these institutions are often resolved through arbitration or other dispute resolution mechanisms specified in the contract. 43 International Law by Arees Khan Mangi 3. T ortious Liability:International organizations may be held liable for tortious acts, but the extent of their liability is often limited by their constituent instruments. Individuals or entities harmed by the actions of international organizations may file claims, but pursuing legal action can be complex due to immunity issues and specific rules set forth in the organization's founding documents. 4. Human Rights Violations:International institutionscan be held accountable for human rights violations if they are directly involved or complicit in such violations. This accountability is based on international human rights law and customary international law. 5. Environmental and Social Responsibility:Internationalinstitutions involved in development projects or activities with environmental impacts can be held accountable for environmental and social harm resulting from their projects. They are expected to follow responsible practices, conduct environmental impact assessments, and adhere to internationally recognized standards. Accountability of International Institutions: 1. T ransparency:International institutions are expectedto be transparent in their operations. They should provide information about their activities, decision-making processes, and use of resources. Transparency enhances public understanding and trust. 2. Internal Oversight:International institutions oftenhave internal oversight mechanisms, such as audit offices or inspector generals, to ensure compliance with internal policies and procedures. These mechanisms help identify and rectify issues within the organization. 3. External Audits:Some international institutions aresubject to external audits conducted by independent auditors. These audits provide an objective assessment of an organization's financial statements and internal controls. 4. Independent Evaluations:Independent evaluations assessthe effectiveness and impact of programs and projects undertaken by international institutions. These evaluations help organizations improve their strategies and outcomes. 5. Accountability to Member States:International institutionsare accountable to their member states, which oversee their functioning and decision-making. Member states can hold organizations accountable through various means, including discussions, resolutions, and budgetary decisions. 6. Accountability to Beneficiaries:In the case of developmentprojects, international institutions are accountable to the communities and individuals affected by their initiatives. Ensuring that projects meet the needs and expectations of beneficiaries is a crucial aspect of accountability. 7. Compliance with International Law:International institutionsmust comply with international law, including human rights standards and other applicable legal norms. Non-compliance can lead to reputational damage and legal consequences. 44 International Law by Arees Khan Mangi he balance between legal immunity, necessary for the effective functioning of international T institutions, and accountability mechanisms is an ongoing challenge. Striking this balance ensures that these organizations fulfill their mandates while being held accountable for their actions and decisions. International institutions, like the United Nations, continuously work on improving their accountability mechanisms to meet evolving standards and expectations. Dissolution and succession of international institutions issolution and succession of international institutions are complex processes governed by D international law and the specific rules outlined in the institutions' constitutive documents (such as charters or agreements). The dissolution of an international institution means the termination of its existence, while succession refers to the transfer of rights, obligations, and assets from one institution to another or to successor states after the dissolution. Here's an overview of these processes: Dissolution of International Institutions: 1. C onsent of Member States:The dissolution of an internationalinstitution typically requires the consent of its member states. Member states, through their representatives or governing bodies, may decide to dissolve the institution through mutual agreement. 2. Amendment of Constitutive Documents:The proceduresfor dissolution are often outlined in the institution's constitutive documents. Member states may need to amend these documents to include provisions for dissolution and the distribution of assets and liabilities. 3. Settlement of Obligations:Before dissolution, theinstitution must settle its outstanding obligations, including financial commitments, contractual agreements, and legal disputes. This may involve negotiations, payments, or other forms of resolution. 4. Distribution of Assets and Liabilities:The distributionof assets and liabilities is a critical aspect of dissolution. Member states may agree on the division of assets, such as funds, properties, and intellectual property rights, among the participating states or other entities. 5. Notification to Stakeholders:The institution mustnotify relevant stakeholders, including member states, employees, creditors, and beneficiaries of its programs, about the impending dissolution. This communication may include information about the timeline, settlement procedures, and the fate of ongoing projects. Succession of International Institutions: 1. E stablishment of Successor Institution:In some cases,a new international institution may be established to succeed the functions of the dissolved organization. Member states may negotiate and create a successor institution with a revised mandate and structure. 2. Transfer of Rights and Obligations:If there is asuccessor institution, member states may agree to transfer the rights, obligations, and assets of the dissolved institution to the 45 International Law by Arees Khan Mangi 3. 4. 5. 6. uccessor. This includes ongoing projects, contractual agreements, and intellectual s property rights. Recognition by Member States:Member states and theinternational community must recognize the successor institution as the legitimate entity to carry out the functions of the dissolved organization. Recognition may involve diplomatic processes and formal agreements among states. Continuity of Agreements:The successor institutionmay choose to honor existing agreements made by the dissolved organization, ensuring the continuity of projects, partnerships, and obligations. Management of Employees:If the successor institutionabsorbs the staff of the dissolved organization, proper procedures for staff transfer, employment contracts, and labor rights must be followed. Engagement with Stakeholders:The successor institutionmust engage with stakeholders, including member states, employees, and beneficiaries, to ensure a smooth transition and maintain the trust and support of relevant parties. he dissolution and succession of international institutions are sensitive and intricate processes T that require careful negotiation, legal expertise, and international cooperation. Transparency, accountability, and respect for the rights of affected parties are essential during these transitions to maintain the integrity and effectiveness of international organizations. Law of treaties Vienna convention on the law of treaties he Vienna Convention on the Law of Treaties, often referred to simply as the Vienna T Convention, is an international treaty that establishes the legal framework for the conclusion, interpretation, and enforcement of treaties between states. The treaty was adopted on May 23, 1969, and entered into force on January 27, 1980. It is considered one of the foundational documents of international law. Key Provisions of the Vienna Convention on the Law of Treaties: 1. Definition of a Treaty (Article 2): ○ A treaty is defined as an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments. 2. Consent to be Bound (Article 2): ○ The consent of states to be bound by a treaty is expressed through signature, ratification, acceptance, approval, or accession, or by any other means if so agreed. 3. Reservations (Article 19-23): 46 International Law by Arees Khan Mangi 4. 5. 6. 7. 8. ○ S tates can make reservations to a treaty, but these reservations must not be incompatible with the object and purpose of the treaty. Other parties to the treaty can accept, object to, or protest against reservations. Interpretation of Treaties (Articles 31-33): ○ The interpretation of treaties is based on the ordinary meaning of the terms, the context, and the object and purpose of the treaty. Subsequent agreements and practice are also considered in interpretation. Invalidity, Termination, and Suspension (Articles 46-54): ○ Grounds for invalidity of treaties, such as coercion or corruption, are specified. The treaty outlines circumstances under which treaties can be terminated, including material breach by one of the parties. It also covers the suspension of the operation of a treaty under certain conditions. Amendment and Modification (Article 39): ○ Treaties can include provisions specifying how they can be amended or modified. Amendments often require the consent of all parties or a specified majority, as stipulated in the treaty. Depositaries and Registration (Articles 76-80): ○ The treaty specifies the functions of depositaries, the entities responsible for receiving notifications and instruments concerning the treaty. It also addresses the registration of treaties with the United Nations. Final Clauses (Articles 81-83): ○ The final clauses cover matters such as the treaty's entry into force, signature, ratification, acceptance, approval, and accession procedures. he Vienna Convention on the Law of Treaties is a comprehensive and widely accepted treaty T that codifies and standardizes the rules governing the formation, interpretation, and termination of treaties in the international legal system. It has been ratified by a large number of states, making it a cornerstone of international treaty law. the law and practice as to treaties he law and practice regarding treaties are governed by the principles outlined in the Vienna T Convention on the Law of Treaties (1969), which is the primary international treaty regulating the conclusion, interpretation, and termination of treaties. Here are the key aspects of the law and practice related to treaties: 1. Treaty Definition: ● L aw:According to the Vienna Convention, a treatyis an international agreement concluded between states (or between states and international organizations) in written form and governed by international law. ● Practice:Treaties can cover a wide range of subjects,including trade, human rights, environmental protection, and security. They are binding agreements that create legal obligations for the parties involved. 47 International Law by Arees Khan Mangi 2. Negotiation and Conclusion: ● L aw:Treaties are negotiated and concluded by statesor international organizations following their domestic legal processes. ● Practice:Negotiations involve representatives ofthe parties drafting the treaty text, which is then approved and signed by the authorized representatives of the states. After signature, states typically need to go through their domestic legal procedures, such as ratification or approval, to be bound by the treaty. 3. Reservations: ● L aw:Reservations are unilateral statements made bya state when signing, ratifying, accepting, approving, or acceding to a treaty, where the state modifies or excludes the legal effect of certain treaty provisions within its territory. ● Practice:States may make reservations to treaties,but these reservations must not be incompatible with the object and purpose of the treaty. Other parties to the treaty can accept, object to, or protest against reservations. 4. Entry into Force: ● L aw:Treaties enter into force based on conditionsspecified in the treaty text, such as the number of ratifications required. ● Practice:After the required number of states haveratified or otherwise accepted the treaty, it enters into force for those states. States that ratify the treaty later are bound by it from the date of their ratification. 5. Amendment and Modification: L ● aw:Treaties can include provisions specifying howthey can be amended or modified. ● Practice:Amendments may require the consent of allparties, or a specified majority, depending on the treaty text. States may also conclude additional protocols to modify specific aspects of the treaty. 6. Interpretation: ● L aw:The Vienna Convention provides principles forinterpreting treaties, including considering the text, context, object and purpose, and subsequent practice. ● Practice:Disputes regarding the interpretation oftreaties can be resolved through negotiations between the parties or, if necessary, through international adjudication, such as before the International Court of Justice. 7. Termination and Withdrawal: 48 International Law by Arees Khan Mangi ● L aw:Treaties can be terminated or withdrawn from based on provisions within the treaty or customary international law. ● Practice:States can terminate treaties through mutualconsent, withdrawal following specified procedures, or due to a fundamental change of circumstances (referred to as the doctrine of rebus sic stantibus). he law and practice of treaties reflect the evolving norms and practices in international T relations, and adherence to these principles is essential for maintaining stability and predictability in the international legal system. States often rely on legal advisors and experts to navigate the complexities of treaty law and ensure compliance with their international obligations. The use of force The law before the UN charter efore the adoption of the United Nations Charter in 1945, the use of force in international B relations was governed primarily by customary international law and treaty law. One of the foundational principles of international law was the concept of state sovereignty, which included the inherent right of states to use force for self-defense and protection of their territory and interests. Several key principles and historical events shaped the law on the use of force before the UN Charter: 1. Principle of Sovereignty: ● S tates had the inherent right to protect their sovereignty, territory, and national interests, and they could use force as a means of self-defense. 2. Just War Theory: ● J ust war theory, a moral and philosophical framework, provided criteria for determining the justifiability of using force. According to this theory, wars could be just if they were waged for a just cause, with the right intention, as a last resort, with a reasonable chance of success, and if the means used were proportionate and non-discriminatory. 3. Treaty Law: ● V arious treaties and agreements, such as the Kellogg-Briand Pact of 1928, renounced war as a means of national policy, emphasizing the peaceful settlement of disputes. However, the effectiveness of these treaties in preventing armed conflicts was limited. 4. Self-Defense Doctrine: 49 International Law by Arees Khan Mangi ● S tates had the right to use force in self-defense against armed attacks. The Caroline Affair (1837) between the United States and the United Kingdom established the principle of necessity and proportionality in self-defense, stating that the use of force must be a response to an immediate and overwhelming threat. 5. Intervention for Protection of Nationals: ● S tates sometimes used force to protect their nationals abroad, especially during periods of colonization. This practice, while controversial, was often invoked as a justification for military intervention. 6. Doctrine of Contingent Sovereignty: ● S ome scholars and states argued for a doctrine of contingent sovereignty, suggesting that a state's sovereignty could be forfeited if it failed to fulfill certain international obligations, thereby justifying intervention by other states. It's important to note that the principles governing the use of force before the UN Charter were often vague and open to interpretation, leading to differing opinions among states and legal scholars. The adoption of the UN Charter in 1945 marked a significant shift in the international legal framework, explicitly prohibiting the use of force except in cases of self-defense or when authorized by the Security Council, thereby providing a more comprehensive and codified approach to regulating the use of force in international relations. After UN charter he United Nations Charter, adopted in 1945, significantly altered the legal framework T governing the use of force in international relations. The Charter established principles and rules that continue to shape the law on the use of force today. Here are the key aspects of the law on the use of force after the UN Charter: 1. Prohibition of the Use of Force (Article 2(4)): ● T he UN Charter prohibits the use of force in international relations. Article 2(4) states that "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations." 2. Exceptions to the Prohibition: ● S elf-Defense (Article 51):States retain the inherentright to individual or collective self-defense if an armed attack occurs against a Member of the United Nations. Self-defense must be reported to the Security Council. 50 International Law by Arees Khan Mangi ● S ecurity Council Authorization (Chapter VII):The Security Council can authorize the use of force to maintain or restore international peace and security under Chapter VII of the UN Charter. 3. Collective Security (Chapter VII): ● T he UN Security Council has the primary responsibility for the maintenance of international peace and security. It can take collective measures, including the use of force, to address threats to international peace and security. 4. Peacekeeping Operations: ● T he UN can deploy peacekeeping forces to help maintain or restore peace in post-conflict areas. Peacekeepers operate with the consent of the parties involved and are deployed to support peace agreements and facilitate political processes. 5. Responsibility to Protect (R2P): ● T he principle of the Responsibility to Protect emphasizes the international community's responsibility to protect populations from genocide, war crimes, ethnic cleansing, and crimes against humanity. R2P may involve collective action, including the use of force, authorized by the Security Council. 6. Customary International Law: ● T he principles established in the UN Charter, including the prohibition of the use of force, have become customary international law, binding on all states, regardless of whether they are UN members. 7. Humanitarian Intervention and Controversies: ● T he concept of humanitarian intervention, while not explicitly recognized in the Charter, continues to be a subject of debate. Some argue that force can be used to prevent or stop gross human rights violations. However, there is no consensus on the legality of such interventions under international law. 8. Non-State Actors and Terrorism: ● T he use of force by non-state actors, including terrorist groups, raises challenges for the international community. States are responsible for preventing and combating terrorism, and there are legal frameworks, such as Security Council resolutions and international conventions, addressing terrorism-related issues. 51 International Law by Arees Khan Mangi he UN Charter's framework and subsequent developments in international law emphasize T peaceful dispute resolution, the central role of the Security Council, and the limited scope for the use of force, all aimed at promoting global peace, stability, and security. Chapter 7 of UN charter . S 1 elf defense 2. Collective security 3. Humanitarian intervention Right of self-defense Article 51 nder international law, states have the inherent right to self-defense, which is recognized in U Article 51 of the United Nations Charter. The right to self-defense allows states to use military force in response to an armed attack. Here are the key aspects of the right to self-defense in international law: 1. Armed Attack: ● S elf-defense is only permissible in response to an armed attack. The use of force is generally not considered self-defense unless there is a prior armed attack or an imminent threat of armed attack. 2. Immediacy and Imminence: ● S elf-defense can be exercised in response to an imminent armed attack. States do not need to wait for an attack to occur; they can take preemptive action if an armed attack is imminent. 3. Necessity and Proportionality: ● S elf-defense must be necessary and proportionate. The use of force must be the last resort, and the level of force used must be proportionate to the threat faced. Excessive force or actions that go beyond the necessity of self-defense can violate international law. 4. Attribution of the Attack: ● T he state exercising self-defense must be able to attribute the armed attack to another state or a non-state actor. States have the right to defend themselves against attacks originating from other states or attacks perpetrated by non-state actors that the other state is unwilling or unable to control. 52 International Law by Arees Khan Mangi 5. Reporting to the Security Council: ● If a state exercises its right to self-defense, it must report to the UN Security Council immediately. Article 51 of the UN Charter requires states to report any measures taken in self-defense to the Security Council, which retains the authority to assess the situation and take further action if necessary. 6. Non-State Actors and Self-Defense: ● T he right to self-defense against non-state actors (such as terrorist organizations) is a topic of ongoing debate in international law. States can argue that they are acting in self-defense if the non-state actor's actions can be attributed to another state, or if the host state is unable or unwilling to prevent attacks. 7. Collective Self-Defense: ● S tates can engage in collective self-defense, meaning that states can come to the aid of another state under attack. This concept allows alliances and coalitions to collectively respond to armed attacks on member states. 8. Preventive Self-Defense: ● P reventive self-defense, the use of force to counter a perceived future threat, is a controversial and debated concept. While international law recognizes preemptive action against imminent threats, preventive action against potential future threats is generally seen as legally dubious under current international law. he right to self-defense is a fundamental principle of international law, but it is subject to strict T limitations and conditions. States exercising self-defense must adhere to the principles of necessity, proportionality, and immediacy, and they are accountable to the international community through the UN Security Council. Caroline test Collective use of force artlice 42 and 41 Chapter 7 of the UN framework he collective use of force in international law refers to military action taken by a group of states T or international organizations to address a threat to international peace and security. The United Nations Charter provides the legal framework for such collective action, primarily under Chapter VII, which deals with "Action with respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression." 53 International Law by Arees Khan Mangi Collective Security and the United Nations: 1. Security Council Authorization (Article 42): ○ The UN Security Council, as the primary organ responsible for maintaining international peace and security, can authorize the use of force by member states to deal with threats to peace or acts of aggression. This authorization is binding on all UN member states (UN Charter, Article 25). 2. Collective Measures (Article 41): ○ Before authorizing the use of force, the Security Council can impose non-military measures, such as economic sanctions or diplomatic sanctions, to address threats to international peace and security. Peacekeeping Operations: 1. Peacekeeping Mandates (Chapter VI and Chapter VII Operations): ○ The Security Council can establish peacekeeping operations under Chapter VI or Chapter VII of the UN Charter. While Chapter VI missions focus on peaceful settlement and preventive diplomacy, Chapter VII missions can involve the use of force to maintain or restore international peace and security. 2. Consent of Parties Involved: ○ Peacekeeping operations are deployed with the consent of the parties involved in a conflict, and they operate under the principle of impartiality and non-use of force unless in self-defense or defense of the mandate. Regional Organizations: 1. Collective Security Arrangements (Article 53): ○ The UN Charter recognizes the role of regional arrangements or agencies for dealing with matters relating to the maintenance of international peace and security. These arrangements can take collective security measures with the authorization of the Security Council. 2. Examples: ○ Regional organizations such as the North Atlantic Treaty Organization (NATO) or the African Union (AU) can engage in collective security actions within their respective regions. These actions might include military operations authorized by the Security Council or undertaken with the consent of the states involved. Challenges and Considerations: 1. Consensus and Division: ○ Security Council decisions regarding the use of force require the consensus of its permanent members (P5). Disagreements among these members can hinder collective action. 2. Impartiality and Legitimacy: 54 International Law by Arees Khan Mangi ○ C ollective actions must be perceived as legitimate by the international community and should be conducted impartially, respecting the sovereignty and rights of the parties involved. 3. Peacebuilding and Long-Term Solutions: ○ Collective military interventions should be accompanied by peacebuilding efforts to address the root causes of conflicts, promote stability, and prevent a resurgence of violence after military operations end. he collective use of force in international law is a complex and sensitive issue, balancing the T need for international peace and security with respect for state sovereignty and the principles of the UN Charter. Decisions related to collective security are taken seriously and involve careful consideration of legal, political, and humanitarian factors. Humanitarian Intervention umanitarian intervention refers to the use of military force by one or more states or H international organizations to protect people within another state from grave human rights abuses or to alleviate human suffering, even without the consent of the government of the targeted state. Humanitarian intervention raises complex legal, ethical, and political questions in international law. Here are the key points related to humanitarian intervention: 1. Legal Ambiguity: ● H umanitarian intervention lacks clear legal standing under international law. The UN Charter prohibits the use of force except in cases of self-defense or when authorized by the Security Council. The concept of humanitarian intervention falls into a legal gray area because it is not explicitly addressed in the Charter. 2. Responsibility to Protect (R2P): ● T he Responsibility to Protect (R2P) is a principle endorsed by the United Nations, stating that states have a responsibility to protect their populations from genocide, war crimes, ethnic cleansing, and crimes against humanity. If a state is manifestly failing to protect its population, the international community has a responsibility to intervene. However, R2P does not provide a clear legal framework for intervention. 3. Security Council Authorization: ● T he most widely accepted legal basis for humanitarian intervention is a Security Council resolution authorizing the use of force under Chapter VII of the UN Charter. However, obtaining Security Council approval is often challenging due to political disagreements among member states, leading to cases where humanitarian interventions occur without UN authorization. 55 International Law by Arees Khan Mangi 4. Controversies and Debates: ● H umanitarian interventions, such as the NATO intervention in Kosovo (1999) and the military actions in Libya (2011), have sparked debates about the legality, legitimacy, and effectiveness of such interventions. Critics argue that unilateral or unauthorized interventions can undermine the principle of state sovereignty and lead to unintended consequences. 5. Regional Organizations and Humanitarian Intervention: ● S ome regional organizations, like the African Union, have adopted frameworks that allow for intervention in cases of grave human rights abuses. These regional mechanisms aim to address conflicts and crises within their respective regions, often emphasizing the principle of non-indifference. 6. Preventing Mass Atrocities: ● T he prevention of mass atrocities is a shared international goal, and there is ongoing debate about how the international community can best respond to such situations. Diplomatic, economic, and legal measures are often explored before resorting to military force. 7. Principle of Humanity: ● S ome legal scholars argue that the principle of humanity, a fundamental norm of customary international law, provides a moral and legal basis for humanitarian intervention. However, this argument lacks widespread acceptance and remains controversial. In summary, humanitarian intervention remains a contentious and evolving area of international law. While there is a growing acknowledgment of the responsibility to protect vulnerable populations, there is no universally accepted legal framework governing humanitarian intervention. Decisions to intervene are often influenced by political considerations, making the application of humanitarian intervention principles complex and subject to international debate and scrutiny. xample Nato bombings f kosovo 1999 even went through the veto, us led air E strikes Dispute settlement Peaceful resolution 56 International Law by Arees Khan Mangi eaceful resolution in international law refers to the diplomatic and legal processes used to P resolve disputes and conflicts between states without resorting to armed force. It is a fundamental principle of international relations and is enshrined in the United Nations Charter, which prohibits the use of force except in self-defense or when authorized by the Security Council. ring about by peaceful means and in conformity with the principles of justice, and B international law, adjustment or settlement of international disputes or situations which might lead to a breach of peace -Article 1 of the UN charter embers must settler their international disputes by peaceful means in such a m manner that international peace and security, and justice, are not endangered. -Article 2(2) of the UN charter NGA can make recommendations for peaceful adjustment according to article 14 U of UN charter Article 2(3) Peaceful resolution methods include: 1. Negotiation: ● B ilateral or Multilateral Talks:States engage indirect negotiations or involve mediators to facilitate discussions and find mutually acceptable solutions to their disputes. 2. Mediation: ● T hird-Party Mediation:Neutral third parties, suchas individuals, organizations, or states, facilitate negotiations between conflicting parties to help them reach a settlement. 3. Arbitration: ● N eutral Arbitrators:Parties agree to submit theirdispute to an impartial third party or a panel of arbitrators. The decision is binding and provides a resolution to the conflict. 4. Adjudication: ● International Courts and Tribunals:Disputes can bebrought before international judicial bodies, such as the International Court of Justice (ICJ), where legal arguments are presented, and judgments are issued based on international law. 5. Good Offices: 57 International Law by Arees Khan Mangi ● F acilitation and Conciliation:Trusted individuals or organizations provide assistance to parties in resolving their disputes, offering suggestions and facilitating communication. 6. Fact-Finding and Inquiry: ● Investigative Panels:Independent panels investigatefacts related to a dispute and present their findings, which can help clarify issues and facilitate negotiations. 7. Peacekeeping and Peacebuilding: ● U nited Nations Peacekeeping Missions:UN peacekeepersare deployed to conflict zones to maintain peace, protect civilians, and support the implementation of peace agreements. ● Post-Conflict Reconstruction:Efforts are made torebuild societies, establish governance structures, and promote economic development after conflicts to ensure lasting peace. 8. Diplomatic Measures: ● S anctions and Embargoes:Diplomatic and economic measures,such as sanctions and arms embargoes, can be imposed by international bodies or individual states to encourage parties to resolve their disputes peacefully. 9. Preventive Diplomacy: ● E arly Warning Systems:International organizationsuse early warning mechanisms to identify potential conflicts and intervene before situations escalate, preventing conflicts from arising. 10. Regional Initiatives: ● R egional Organizations:Regional bodies, like theAfrican Union, European Union, or ASEAN, facilitate peaceful resolution within their member states through diplomacy, mediation, and conflict prevention efforts. 11. Peace Agreements: ● C easefires and Peace Treaties:Parties in conflictcan negotiate and sign agreements, such as ceasefires or peace treaties, to halt hostilities and establish long-term peace. 12. Non-Governmental Diplomacy: 58 International Law by Arees Khan Mangi ● N GO Mediation:Non-governmental organizations (NGOs) often play a role in mediation efforts, leveraging their expertise and neutrality to facilitate dialogue between conflicting parties. eaceful resolution methods underscore the importance of dialogue, negotiation, and respect P for international law in resolving disputes. These methods promote stability, security, and cooperation among nations, contributing to the overall maintenance of peace and security in the international community. Coercive means 1. R etorsion → Retaliation = not to endanger anyone, rather through peaceful means such as cutting ties 2. Reprisal 3. Embargo 4. Pacific blockade 5. Intervention oercive means of dispute settlement in international relations involve the use or threat of force, C sanctions, or other punitive measures to compel parties in a dispute to comply with a specific course of action or to bring them to the negotiating table. While international law generally promotes peaceful dispute resolution, there are situations where coercive measures are employed, particularly when peaceful methods have failed or when there are threats to international peace and security. Some of these coercive means include: 1. Economic Sanctions: ● T rade Embargoes:Restrictions on imports and exportswith the aim of putting economic pressure on the target country. ● Financial Sanctions:Freezing assets, restrictingfinancial transactions, or cutting off access to international banking systems. ● Investment Restrictions:Discouraging foreign investmentor preventing domestic companies from investing in the target country. 2. Diplomatic Measures: ● R ecall of Diplomats:Withdrawing ambassadors and diplomaticstaff to signal dissatisfaction and protest against the target country's actions. ● Downgrading or Breaking Diplomatic Relations:Reducingor severing diplomatic ties as a response to provocative actions or policies. 3. Military Measures: ● B lockades:Preventing the passage of goods or peopleto or from the target country by sea, land, or air. 59 International Law by Arees Khan Mangi ● L imited Military Strikes:Conducting limited military operations to destroy specific targets or infrastructure. ● No-Fly Zones:Prohibiting military aircraft from flyingin designated airspace. 4. Arms Embargo: ● Imposing restrictions on the sale, transfer, or supply of arms and military equipment to the target country. 5. International Military Intervention: ● A uthorizing military intervention by international coalitions or organizations, often under the auspices of collective security arrangements or United Nations Security Council resolutions. 6. Cyber Measures: ● C yber Attacks:Launching cyber attacks to disruptor damage a target country's critical infrastructure, communications, or military capabilities. 7. Travel Bans: ● Imposing restrictions on the travel of individuals associated with the target country's government or entities, preventing them from visiting other countries. 8. Legal Measures: ● International Criminal Court (ICC):Initiating legalproceedings against individuals for crimes against humanity, war crimes, or genocide. ● Special Tribunals:Establishing ad hoc internationaltribunals to prosecute individuals responsible for specific international crimes. It's important to note that the use of coercive measures is often controversial and raises ethical and legal questions. The United Nations Charter strictly regulates the use of force, allowing military action only in cases of self-defense or when authorized by the United Nations Security Council. Coercive measures can have significant humanitarian and social consequences, and their effectiveness in achieving desired outcomes varies depending on the context and the cooperation of the international community. Role of ICJ he International Court of Justice (ICJ), also known as the World Court, plays a significant role T in the peaceful settlement of international disputes. Established by the United Nations Charter, the ICJ is the principal judicial organ of the United Nations. Its role in the peaceful settlement of disputes includes the following aspects: 60 International Law by Arees Khan Mangi 1. Adjudication: ● T he ICJ hears legal disputes between states and delivers judgments based on international law. States can bring cases before the ICJ voluntarily (by consent) or when they are parties to treaties or conventions that confer jurisdiction on the Court. 2. Contentious Cases: ● S tates can submit contentious cases to the ICJ, which then examines the legal arguments presented by the parties involved. The Court's judgment is binding and provides a peaceful and lawful resolution to the dispute. 3. Advisory Opinions: ● T he ICJ can provide advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies. Although advisory opinions are not binding, they carry significant legal weight and are valuable in resolving complex legal issues. 4. Interpretation of Treaties: ● T he ICJ interprets treaties and conventions when requested by states parties to these agreements. Its interpretations provide clarity on the legal obligations of the parties involved, contributing to peaceful relations. 5. Application of International Law: ● T he ICJ ensures the consistent application and development of international law by providing authoritative and impartial interpretations of legal principles and norms, promoting a stable and predictable international legal system. 6. Resolution of Legal Disputes: ● B y offering a forum for the resolution of legal disputes, the ICJ encourages states to settle their differences through peaceful means, preventing conflicts from escalating into armed confrontations. 7. Contributing to International Stability: ● T he ICJ's decisions and advisory opinions contribute to international stability by fostering a sense of legal order and predictability in the conduct of states. This stability is crucial for maintaining peaceful relations among nations. 8. Encouraging Dialogue and Diplomacy: 61 International Law by Arees Khan Mangi ● T he process of submitting cases to the ICJ often involves diplomatic dialogue between the disputing parties. Even before reaching the Court, parties engage in negotiations and consultations, encouraging peaceful settlement efforts. 9. Promoting Rule of Law: ● B y upholding the rule of law at the international level, the ICJ promotes the peaceful resolution of disputes through established legal procedures, reinforcing the principle that states are bound by international law and treaties. he ICJ's role in the peaceful settlement of disputes highlights the importance of international T law and the judicial process in resolving conflicts and maintaining global peace and security. Its decisions contribute significantly to the development of international legal principles and the resolution of contentious issues in the international arena. 1. the settlement of international disputes 1. negotiation 2. mediation 3. inquiry 4. settlement by un 5. conciliation 6. arbitration 7. icj Human rights International humanitarian law Development of international humanitarian law he development of International Humanitarian Law (IHL) has been a continuous process T shaped by historical events, armed conflicts, diplomatic efforts, and evolving societal values. Here are the key stages in the development of IHL: 1. Early Codification and Conventions: ● T he mid-19th century saw the emergence of the first international agreements addressing the treatment of wounded soldiers on the battlefield. The First Geneva Convention of 1864 laid the foundation for IHL, promoting the humane treatment of wounded and sick military personnel. 2. Hague Conventions: 62 International Law by Arees Khan Mangi ● T he early 20th century witnessed the Hague Conventions of 1899 and 1907, which focused on the laws and customs of war. These conventions established rules regarding the conduct of hostilities, including the treatment of prisoners of war and civilians. 3. Geneva Conventions: ● T he four Geneva Conventions of 1949 expanded the scope of IHL, addressing the protection of wounded and sick soldiers at sea, prisoners of war, and civilians, including those in occupied territories. These conventions established fundamental principles governing armed conflicts and provided crucial protections for individuals affected by war. 4. Additional Protocols: ● T he Additional Protocols of 1977 (Protocol I and Protocol II) strengthened the protection of victims of international and non-international armed conflicts, respectively. Protocol I introduced rules concerning the protection of civilians, while Protocol II focused on conflicts within a single country. These protocols clarified and expanded existing provisions in IHL. 5. Customary International Law: ● C ustomary international law, which arises from established state practices, also plays a significant role in IHL. Over time, certain practices and rules have become customary, reinforcing and expanding the protections provided by treaties and conventions. 6. International Criminal Tribunals: ● T he establishment of international criminal tribunals, such as the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), contributed to the development and enforcement of IHL. These tribunals prosecuted individuals for violations of IHL, setting important precedents in the interpretation of the law. 7. International Criminal Court (ICC): ● T he International Criminal Court, established in 2002, serves as a permanent international court to prosecute individuals for the most serious crimes of international concern, including war crimes and crimes against humanity. The ICC reinforces the accountability framework of IHL and promotes its implementation. 8. Emerging Challenges: 63 International Law by Arees Khan Mangi ● C ontemporary challenges, such as cyber warfare, autonomous weapons, and the protection of civilians in urban warfare, are shaping the ongoing development of IHL. Efforts are underway to adapt existing laws to address these modern complexities and ensure the continued relevance of IHL in the face of evolving technologies and conflict scenarios. he development of International Humanitarian Law reflects the international community's T commitment to mitigating the impact of armed conflicts on civilians, combatants, and other affected individuals. It remains a dynamic field, adapting to new challenges while upholding the fundamental principles of humanity, proportionality, and distinction between civilian and military targets. International and non-international armed conflicts International and non-international armed conflicts are two categories used in International Humanitarian Law (IHL) to differentiate between different types of armed conflicts. These distinctions are crucial as they determine the applicability and scope of certain rules and protections under IHL. International Armed Conflicts: 1. D efinition:International armed conflicts occur betweentwo or more states. They involve the use of armed force between sovereign states, whether declared or undeclared, resulting in a situation of war. 2. Applicability of Geneva Conventions:Internationalarmed conflicts are governed primarily by the four Geneva Conventions of 1949 and their Additional Protocols. These treaties provide comprehensive protection to wounded and sick soldiers, prisoners of war, and civilians in the territories of the parties to the conflict. 3. Role of International Bodies:International bodiessuch as the International Court of Justice (ICJ) and the International Criminal Court (ICC) have jurisdiction over crimes committed during international armed conflicts. 4. Examples:World War I and II are classic examplesof international armed conflicts. Non-International Armed Conflicts: 1. D efinition:Non-international armed conflicts, alsoknown as internal conflicts or civil wars, occur within the territory of a single state. They involve hostilities between government forces and non-state armed groups, or between such groups within the borders of a state. 2. Applicability of Common Article 3:Common Article3 of the Geneva Conventions applies to non-international armed conflicts. It provides basic humanitarian protections to individuals not taking part in the hostilities, including civilians and captured fighters. Additional Protocol II applies in certain non-international armed conflicts of a certain intensity and scope. 64 International Law by Arees Khan Mangi 3. R ole of International Bodies:While international armed conflicts fall under the jurisdiction of various international bodies, non-international armed conflicts are primarily subject to the jurisdiction of domestic courts. However, the ICC can also intervene in cases of severe crimes committed during non-international armed conflicts if the state is unable or unwilling to prosecute. 4. Examples:Conflicts such as the Syrian Civil War,the conflict in Afghanistan involving the Taliban, and the civil war in South Sudan are examples of non-international armed conflicts. It's important to note that these categories are not always black and white. In some situations, determining the classification can be complex, especially in cases involving non-state actors with varying degrees of organization and control over territory. Nonetheless, the distinction between international and non-international armed conflicts guides the application of specific rules and protections under international law. Non-International Armed Conflict, ‘Combatant’ and ‘Protected Persons’, ● what are NIACs on-international armed conflicts (NIACs), also known as internal conflicts or civil wars, N are situations of prolonged violence and hostilities occurring within the borders of a single state. In these conflicts, government forces are engaged in combat with non-state armed groups, or these non-state groups are fighting among themselves. International Humanitarian Law (IHL) provides important protections to individuals affected by non-international armed conflicts. Here are the key aspects of non-international armed conflicts in IHL: 1. Applicability of Common Article 3: 1. C ommon Article 3 of the Geneva Conventions applies to all parties involved in a non-international armed conflict. It provides fundamental humanitarian protections to individuals who are not taking part in the hostilities, including civilians and combatants who are no longer actively participating in the conflict. ● 2. Basic Protections Under Common Article 3: 1. C ommon Article 3 prohibits violence to life and person, cruel treatment, torture, and outrages upon personal dignity. It mandates that wounded and sick persons must be cared for and provides certain protections for detained individuals. ● 3. Additional Protections under Additional Protocol II: 1. A dditional Protocol II of 1977 applies to non-international armed conflicts of a certain intensity and scope. It provides more detailed protections for civilians and 65 International Law by Arees Khan Mangi those no longer taking part in the hostilities, as well as rules regulating the conduct of hostilities by the parties involved. ● 4. Protection of Civilians: 1. C ivilians must be protected from the effects of hostilities. This includes protection against direct attacks, as well as measures to ensure access to essential humanitarian assistance, such as food, water, and medical supplies. ● 5. Prohibition of Indiscriminate Attacks: 1. P arties to a non-international armed conflict are prohibited from launching attacks that do not distinguish between civilians and combatants or civilian objects and military objectives. Indiscriminate attacks are strictly prohibited. ● 6. Role of International Bodies, Including the ICC: 1. T he International Criminal Court (ICC) has jurisdiction over serious crimes committed in the context of a non-international armed conflict. This includes crimes against humanity, war crimes, and, in specific cases, the crime of genocide. ● 7. Protection of Detainees: 1. Individuals detained in the context of a non-international armed conflict are entitled to humane treatment and fair trial guarantees. They should not be subjected to torture, cruel, inhuman, or degrading treatment or punishment. In summary, IHL ensures that even in the chaos of non-international armed conflicts, ● certain fundamental principles are respected, safeguarding the lives and dignity of civilians and individuals no longer participating in hostilities. These rules are essential for mitigating the impact of internal conflicts and upholding basic human rights, even in the midst of violence and instability. 1. Intensity Threshold: 1. W hile Common Article 3 applies to all non-international armed conflicts, Additional Protocol II sets a higher threshold, defining NIACs based on their intensity. Although the definition can be complex, it generally refers to conflicts involving protracted armed confrontations and organized armed groups within a country's territory. ● 2. Non-State Armed Groups: 1. N IACs often involve non-state armed groups, such as rebel forces, insurgent movements, or militias, fighting against government forces or sometimes against each other. These groups might not have the formal recognition of a state but are still bound by certain IHL obligations. 66 International Law by Arees Khan Mangi ● 3. Challenges in NIACs: 1. N on-international armed conflicts pose unique challenges due to the blurred lines between combatants and civilians, making it difficult to distinguish legitimate targets. Additionally, the fragmented nature of armed groups can complicate efforts to establish responsibility for violations of IHL. ● 4. Role of National Authorities: 1. N ational authorities bear the primary responsibility for ensuring IHL compliance within their territories during NIACs. This includes investigating and prosecuting individuals responsible for IHL violations, ensuring the protection of civilians, and providing humanitarian assistance. ● 5. Humanitarian Access: 1. E nsuring humanitarian access to affected populations is critical in NIACs. Humanitarian organizations, including the International Committee of the Red Cross (ICRC) and other humanitarian agencies, work to provide essential aid, medical care, and protection to civilians in conflict zones. ● 6. Transitional Justice: 1. In post-conflict settings, addressing the legacies of non-international armed conflicts often involves implementing transitional justice mechanisms. These mechanisms, such as truth and reconciliation commissions and prosecutions for war crimes, aim to promote accountability, justice, and reconciliation within society. ● 7. Contemporary Challenges: 1. M odern conflicts, especially those involving non-state armed groups with transnational connections, present challenges in applying IHL. Issues like foreign fighters, terrorism, and cyber warfare have prompted ongoing discussions about adapting existing legal frameworks to address evolving conflict dynamics. ● 8. Promotion of IHL Compliance: 1. E fforts are made by international organizations, NGOs, and states to promote awareness of IHL principles among armed groups, military forces, and civilians in conflict-affected regions. Training programs, workshops, and dissemination activities are conducted to enhance understanding and adherence to IHL norms. In summary, non-international armed conflicts continue to be a complex and evolving ● aspect of the international landscape. Efforts to strengthen IHL compliance, protect vulnerable populations, and hold violators accountable are ongoing endeavors aimed at mitigating the humanitarian impact of such conflicts and upholding the principles of 67 International Law by Arees Khan Mangi humanity, distinction, proportionality, and necessity even in challenging circumstances. ● Combatants and protected persons In a non-international armed conflict (NIAC), the distinction between "combatants" and " protected persons" is crucial, as it determines the level of protection individuals are entitled to under International Humanitarian Law (IHL). Let's break down these terms: Combatants in Non-International Armed Conflicts: 1. D efinition:Combatants are individuals who are membersof the armed forces or armed groups engaged in the hostilities during a non-international armed conflict. They directly participate in the fighting, making them legitimate targets for enemy forces. 2. Rights and Protections: ■ Combatants can be lawfully targeted by opposing parties during the conflict. ■ They are entitled to prisoner-of-war status if captured by government forces. This status grants certain protections under the Third Geneva Convention, ensuring humane treatment and the right to be released and repatriated after the conflict ends. ● Protected Persons in Non-International Armed Conflicts: 1. D efinition:Protected persons include civilians andindividuals who are no longer taking part in the hostilities, such as the sick, wounded, or captured fighters who have laid down their arms, and those placed hors de combat (out of the fight) due to injury, detention, or any other cause. 2. Rights and Protections: ■ Protected persons, specifically civilians, are not directly participating in the hostilities and must not be targeted indiscriminately or deliberately. ■ They are entitled to fundamental protections outlined in Common Article 3 of the Geneva Conventions and Additional Protocol II, including the prohibition of violence to life, inhuman treatment, and unfair trials. ■ Captured fighters who are no longer participating in the conflict are entitled to humane treatment and legal protections, such as the right to a fair trial if accused of crimes. ● Challenges in Distinguishing Combatants and Protected Persons: 1. B lurred Lines:In many non-international armed conflicts,especially those involving non-state armed groups, distinguishing combatants from civilians can be challenging due to the fluid nature of these groups and the absence of clear uniforms or distinct markings. 68 International Law by Arees Khan Mangi 2. C hild Soldiers:The participation of children in armed groups adds complexity, as they are entitled to special protections as both children and persons no longer participating in the hostilities when captured or demobilized. 3. Treatment of Detained Fighters:Ensuring proper treatmentfor captured fighters who are no longer combatants is essential. They should be treated with dignity and respect, and their legal status must be determined promptly. Understanding the distinctions between combatants and protected persons is vital for ● ensuring compliance with IHL during non-international armed conflicts. It helps safeguard the rights of individuals, protect civilians, and maintain the humanitarian principles that underpin the law, even in the midst of conflict. Protection of Wounded, Sick, and Ship-WreckedPersons, POWs, Civilians, International Humanitarian Law (IHL) provides comprehensive protections for various categories of individuals affected by armed conflicts. Here's an overview of the protections afforded to wounded, sick, and ship-wrecked persons, prisoners of war (POWs), and civilians under IHL: 1. Protection of Wounded, Sick, and Ship-Wrecked Persons: ● G eneva Conventions:The First Geneva Convention (1949)specifically addresses the protection of wounded and sick military personnel on the battlefield. It requires parties to the conflict to provide medical care and ensure the humane treatment of these individuals. Similar protections are extended to ship-wrecked persons under the Second Geneva Convention. ● Medical Personnel and Facilities:Medical personnel,hospitals, and other medical facilities must be respected and protected. They are not to be targeted, and medical personnel must be allowed to carry out their duties without hindrance. 2. Protection of Prisoners of War (POWs): ● T hird Geneva Convention:The Third Geneva Convention(1949) outlines the protections and rights of prisoners of war (POWs). It prohibits violence, intimidation, insults, and public curiosity toward POWs. POWs are entitled to humane treatment, medical care, and the right to correspond with their families. ● Prohibition of Torture and Inhumane Treatment:Torture,cruel, inhuman, or degrading treatment or punishment of POWs is strictly prohibited. 3. Protection of Civilians: ● F ourth Geneva Convention:The Fourth Geneva Convention(1949) focuses on the protection of civilians during times of armed conflict, including those in occupied territories. Civilians must be protected against violence, pillage, and reprisals. They are 69 International Law by Arees Khan Mangi ntitled to respect for their persons, honor, family rights, religious convictions, and e practices. Principle of Distinction:Parties to the conflictmust distinguish between civilian ● populations and combatants. Deliberate attacks on civilians or civilian objects, as well as indiscriminate attacks, are prohibited. 4. Additional Protections: ● A dditional Protocols:Additional Protocol I and II(1977) provide additional protections, especially for civilians and non-combatants in international and non-international armed conflicts, respectively. These protocols emphasize the importance of minimizing civilian casualties and protecting civilian infrastructure. ● Protection of Specific Groups:IHL includes provisionsfor the protection of specific groups such as women, children, and journalists. Special attention is given to their needs and vulnerabilities during armed conflicts. 1. Protection of Civilians: ● C ivilian Immunity:Civilians are protected from directattack, and indiscriminate attacks that may harm them are strictly prohibited. ● Humanitarian Assistance:Civilians affected by armedconflict must have access to essential humanitarian assistance, including food, water, medical supplies, and shelter. ● Prohibition of Forced Displacement:Forced displacementof civilians, except for their own safety or for imperative military reasons, is prohibited. 2. Protection of Specific Groups: ● W omen:IHL recognizes the specific needs and vulnerabilitiesof women during armed conflict. It prohibits acts of violence, including rape and other forms of sexual violence. ● Children:Special protections are in place for children,including the prohibition of recruitment of child soldiers and the obligation to prioritize their safety, nutrition, and education. ● Journalists and Medical Personnel:Journalists andmedical personnel, when performing their duties, are considered non-combatants and must be protected from harm. Deliberate attacks on them are war crimes. 3. Protection of Cultural Property: ● C ultural property, such as monuments, museums, and places of worship, is protected from destruction or theft during armed conflict. Deliberate attacks on cultural heritage sites are considered war crimes. 70 International Law by Arees Khan Mangi 4. Prohibition of Certain Weapons: ● IHL prohibits the use of weapons that cause excessive harm or have indiscriminate effects, such as chemical and biological weapons, landmines, and cluster munitions. ● The use of certain weapons in densely populated areas, which can cause excessive harm to civilians, is also restricted. 5. Protection of the Environment: ● IHL includes provisions to protect the natural environment during armed conflict. It prohibits methods of warfare that cause widespread, long-term, and severe damage to the natural environment. 6. Rights of the Disabled and Elderly: ● S pecial attention is given to the rights and needs of disabled persons and the elderly. They must be provided with necessary assistance, including medical care and access to humanitarian aid. 7. Principle of Proportionality: ● P arties to the conflict must ensure that the military advantage gained from an attack is not outweighed by the expected harm to civilians or civilian objects. Disproportionate attacks are prohibited. 8. Individual Criminal Responsibility: ● Individuals, including military and civilian leaders, can be held criminally responsible for serious violations of IHL. International and hybrid tribunals, such as the International Criminal Court (ICC), prosecute individuals for war crimes, crimes against humanity, and genocide. International Humanitarian Law continues to evolve in response to new challenges and situations arising in contemporary armed conflicts. Strengthening compliance with IHL, promoting awareness of its principles, and holding violators accountable are crucial steps toward ensuring greater protection for all individuals affected by armed conflict. IHL reflects a commitment to preserving human dignity, even in the midst of armed conflict. The rules and principles outlined in the Geneva Conventions and their Additional Protocols establish a framework that ensures the humane treatment of individuals, regardless of their status, and aims to mitigate the impact of armed conflict on vulnerable populations. Limitations on the Conduct of War, 71 International Law by Arees Khan Mangi International Humanitarian Law (IHL) imposes several limitations on the conduct of war to minimize human suffering and protect those not taking part in hostilities. Here are some specific references from IHL regarding the limitations on the conduct of war: 1. Principle of Distinction (Additional Protocol I, Article 48): ● P arties to the conflict must distinguish at all times between civilians and combatants, as well as between civilian objects and military objectives. Deliberate attacks on civilians or civilian objects are prohibited. . Prohibition of Indiscriminate Attacks (Additional Protocol I, Article 2 51(4)(a)): ● Indiscriminate attacks that do not distinguish between civilians and combatants or civilian objects and military objectives are strictly prohibited. Methods or means of warfare that cannot be directed at a specific military objective are also prohibited. . Prohibition of Disproportionate Attacks (Additional Protocol I, Article 3 51(5)(b)): ● A ttacks that may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated, are prohibited. . Protection of Civilians and Civilian Objects (Additional Protocol I, Article 4 51): ● C ivilians and civilian objects must be spared from the effects of hostilities. Civilians must not be the object of attack, and civilian objects, such as homes, schools, and hospitals, must not be targeted unless they are being used for military purposes. . Protection of Cultural Property (Hague Convention, Article 4 and 5 Additional Protocol I, Article 53): ● C ultural property, including historical monuments, museums, and places of worship, must be protected against damage, unless they are being used for military purposes. Deliberate attacks on cultural property are prohibited. 6. Protection of the Natural Environment (Additional Protocol I, Article 35): ● T he natural environment, including forests, wildlife, and rivers, must be protected from widespread, long-term, and severe damage. Methods of warfare that cause excessive harm to the environment are prohibited. 72 International Law by Arees Khan Mangi . Prohibition of Starvation of Civilians as a Method of Warfare (Additional 7 Protocol I, Article 54(1)): ● It is prohibited to use starvation of civilians as a method of warfare. Parties to the conflict must allow humanitarian relief operations for civilians in need. 8. Protection of Persons Hors de Combat (Additional Protocol I, Article 41): ● P ersons who are in the power of an adverse party and are not taking part in the hostilities shall be treated humanely. This includes wounded, sick, shipwrecked, and prisoners of war. . Prohibition of Torture and Cruel, Inhuman, or Degrading Treatment 9 (Customary International Law): ● T orture, cruel, inhuman, or degrading treatment or punishment of anyone, including prisoners of war, is strictly prohibited under customary international law and various international treaties, including the Convention Against Torture. iolations of these principles and rules constitute serious breaches of IHL and can lead to V individual criminal responsibility, as well as state responsibility under international law. Upholding these limitations is crucial for the protection of human dignity during armed conflicts. Limits on the Choice of Methods and Means of Warfare International Humanitarian Law (IHL) places significant limitations on the choice of methods and means of warfare to ensure the protection of civilians and combatants who are no longer taking part in hostilities. These limitations are outlined in various treaties and conventions, including the Hague Conventions and their Additional Protocols. Here are the key references regarding the limits on the choice of methods and means of warfare under IHL: 1. Principle of Proportionality (Additional Protocol I, Article 51(5)(b)): ● P arties to the conflict must ensure that any military attack is not excessive in relation to the concrete and direct military advantage anticipated. Disproportionate attacks that cause excessive harm to civilians or civilian objects compared to the expected military advantage are prohibited. . Prohibition of Indiscriminate Attacks (Additional Protocol I, Article 2 51(4)(a)): ● Indiscriminate attacks are strictly prohibited. Parties must not use methods or means of warfare that cannot be directed at a specific military objective or that may hit civilians or civilian objects without distinction. 73 International Law by Arees Khan Mangi . Prohibition of Weapons Causing Unnecessary Suffering or Excessive 3 Injury (Hague Convention, Article 23): ● P arties are prohibited from employing arms, projectiles, or material calculated to cause unnecessary suffering. The use of weapons that cause injuries beyond what is necessary for military purposes is also prohibited. 4. Prohibition of Biological and Chemical Weapons (Various Treaties): ● T he use of biological or chemical weapons is strictly prohibited under various international agreements, including the Biological Weapons Convention and the Chemical Weapons Convention. . Protection of the Natural Environment (Additional Protocol I, Article 5 35(3)): ● M ethods or means of warfare that are intended, or may be expected, to cause widespread, long-term, and severe damage to the natural environment are prohibited. . Protection of Cultural Property (Hague Convention, Article 4 and 6 Additional Protocol I, Article 53): ● P arties must not use methods or means of warfare that may cause damage to cultural property unless it is being used for military purposes. . Protection of Civilians (Additional Protocol I, Article 51 and Additional 7 Protocol II, Article 13): ● C ivilians and civilian objects must not be the target of attacks. The use of methods or means of warfare that would result in civilian casualties or damage to civilian objects disproportionate to the military advantage gained is prohibited. 8. Prohibition of Booby-Traps (Additional Protocol II, Article 6): ● P arties to a non-international armed conflict are prohibited from using booby-traps in civilian dwellings or civilian objects. iolations of these limitations on the choice of methods and means of warfare are considered V war crimes under IHL. It is crucial for parties to armed conflicts to adhere to these rules to minimize human suffering and uphold the principles of humanity and the dictates of public conscience. 74 International Law by Arees Khan Mangi . Restrictions on the Use of Incendiary Weapons (Protocol III to the 1 Convention on Certain Conventional Weapons): ● P rotocol III restricts the use of incendiary weapons, prohibiting attacks against civilians or civilian objects located in densely populated areas with incendiary weapons containing flammable substances. . Restrictions on the Use of Mines, Booby-Traps, and Other Devices 2 (Protocol II to the Convention on Certain Conventional Weapons): ● P rotocol II regulates the use of landmines, booby-traps, and other devices by requiring precautions to protect civilians and civilian objects. It also mandates the marking, clearance, and removal of such devices after the cessation of hostilities. . Limitations on the Use of Laser Weapons (Protocol IV to the Convention 3 on Certain Conventional Weapons): ● P rotocol IV prohibits blinding laser weapons specifically designed to cause permanent blindness to unenhanced vision. The use of such weapons is prohibited under any circumstances. . Restrictions on the Use of Explosive Remnants of War (Protocol V to the 4 Convention on Certain Conventional Weapons): ● P rotocol V addresses the humanitarian impact of explosive remnants of war, establishing obligations for parties to clear, remove, and mark explosive remnants to protect civilians, returnees, and humanitarian missions. . Restrictions on the Use of Nuclear Weapons (Nuclear Weapons 5 Non-Proliferation Treaty): ● T he use of nuclear weapons is generally considered contrary to the principles of IHL due to their potential for widespread and long-term harm. The Nuclear Weapons Non-Proliferation Treaty aims to prevent the spread of nuclear weapons and promote disarmament. 6. Ban on Certain Weapons Under Customary International Law: ● C ustomary international law has established a prohibition on certain weapons, such as blinding laser weapons, chemical and biological weapons, and weapons causing superfluous injury or unnecessary suffering. 7. Drones and Autonomous Weapons: 75 International Law by Arees Khan Mangi ● D ebates are ongoing about the ethical and legal implications of unmanned aerial vehicles (drones) and autonomous weapons systems. International discussions aim to establish guidelines and limitations on their use to ensure compliance with IHL. 8. Cyber Warfare: ● T he use of cyber capabilities in armed conflicts raises legal and ethical questions. Efforts are being made to clarify the applicability of existing international law, including IHL, to cyber operations during armed conflicts. dherence to these limitations is crucial in contemporary warfare, where technological A advancements present new challenges. The evolving nature of warfare requires continuous discussions and updates to ensure the protection of civilians and combatants, uphold human dignity, and prevent unnecessary suffering in armed conflicts. Human rights Self determination refugees and asylum Extradition The state State Territorial Sovereignty. State Territorial Sovereignty in International Law: An Overview tate territorial sovereignty is a fundamental principle of international law that defines the S exclusive authority of a state over its territory and the absence of external interference in its domestic affairs. This principle is enshrined in the United Nations Charter and other international agreements, emphasizing the autonomy and independence of states. Here are the key aspects of state territorial sovereignty in international law: 1. Territorial Integrity: ● D efinition:Territorial integrity refers to the inviolabilityof a state's borders and the prohibition of any use of force or threat of force against the territorial integrity or political independence of any state. ● Relevance:States have the right to defend their territorialintegrity against aggression, and any attempt to violate a state's borders is considered a breach of international law. 76 International Law by Arees Khan Mangi 2. Exclusive Jurisdiction: ● D efinition:States have the exclusive right to exercisejurisdiction within their territory, including enacting laws, maintaining order, and regulating activities within their borders. ● Relevance:International law recognizes that stateshave the authority to govern their territories without interference from other states, ensuring domestic stability and order. 3. Sovereign Immunity: ● D efinition:Sovereign immunity grants states immunityfrom the jurisdiction of foreign national courts, protecting them from legal proceedings in other countries' legal systems. ● Relevance:Sovereign immunity ensures that statesare shielded from lawsuits in foreign courts, safeguarding their sovereignty and independence. 4. Non-Intervention: ● D efinition:The principle of non-intervention prohibitsstates from interfering in the internal or external affairs of another state. It encompasses military, political, economic, and other forms of intervention. ● Relevance:Non-intervention upholds state sovereigntyby preventing external forces from influencing a state's domestic policies, preserving its independence and self-determination. 5. Exclusive Economic Zone (EEZ) and Territorial Waters: ● D efinition:States have sovereignty over their territorialwaters extending 12 nautical miles from the coast and may claim an exclusive economic zone (EEZ) up to 200 nautical miles for the exploration and use of marine resources. ● Relevance:The delineation of territorial waters andEEZs establishes a state's control over its maritime resources, balancing national interests and international cooperation. 6. Recognition of States: ● D efinition:States have the sovereign right to establishdiplomatic relations with other states, granting or withholding recognition based on their own assessment of the other state's legitimacy. ● Relevance:Recognition of states reflects the acknowledgmentof their territorial sovereignty and political independence by other members of the international community. tate territorial sovereignty is a cornerstone of international relations, shaping the interactions S between states and underpinning the stability and order of the global system. While it is a fundamental principle, it coexists with other principles of international law, ensuring a delicate balance between state autonomy and international cooperation. 77 International Law by Arees Khan Mangi State Responsibility. State Responsibility in International Law: A Fundamental Principle tate responsibility in international law refers to the legal obligations and accountability of states S for their actions, both at the domestic and international levels. This principle establishes that states are responsible for their conduct and must adhere to their international obligations. Here are the key aspects of state responsibility in international law: 1. Sources of State Responsibility: ● T reaties:States are bound by the treaties they signand ratify, and failure to comply with treaty obligations constitutes a breach of international law. ● Customary International Law:States are also boundby customary international law, which consists of established practices that are accepted as binding, even if states have not formally ratified specific treaties. ● General Principles of Law:General principles recognizedby civilized nations, including principles of justice and fairness, are considered sources of state responsibility. 2. Responsibility for State Actions: ● S tates are responsible for the actions of their government officials, state organs, and entities acting on their behalf. This includes actions taken domestically and internationally. ● State responsibility encompasses acts of commission (wrongful actions) and acts of omission (failure to act when required). 3. Content of State Responsibility: ● O bligation to Respect, Protect, and Fulfill Human Rights:States have a duty to respect, protect, and fulfill human rights, both within their territories and in their international relations. Violations of human rights can lead to state responsibility. ● Duty of Due Diligence:States are required to exercisedue diligence to prevent and investigate human rights violations, including those committed by private actors within their jurisdiction. 4. Consequences of Breach: ● D iplomatic and Political Consequences:Breaches ofinternational obligations can lead to strained diplomatic relations and affect a state's reputation in the international community. ● Legal Consequences:States may be subject to legalproceedings in international courts and tribunals. They can be held liable for reparations, including compensation for damages caused by their wrongful acts. 78 International Law by Arees Khan Mangi ● C ountermeasures:States injured by another state's internationally wrongful act can take lawful countermeasures, such as suspending certain treaty obligations, to induce the responsible state to comply with its international obligations. 5. State Responsibility vs. Individual Criminal Responsibility: ● S tate responsibility is distinct from individual criminal responsibility. While states are responsible for their own actions, individuals can be held criminally accountable for international crimes through international criminal tribunals such as the International Criminal Court (ICC). 6. Invocation of State Responsibility: ● S tate-to-State Complaints:States can invoke the responsibilityof another state through diplomatic channels, including negotiation, mediation, and arbitration. ● International Courts and Tribunals:States can bringcases before international courts and tribunals, such as the International Court of Justice (ICJ), to resolve disputes related to state responsibility. tate responsibility in international law emphasizes accountability, adherence to legal S obligations, and the promotion of international peace and security. It serves as a cornerstone for the rule of law in the international arena, ensuring that states are accountable for their actions and omissions. State Jurisdiction. State Jurisdiction in International Law: Understanding Its Scope and Limits tate jurisdiction in international law refers to a state's authority to exercise its legal and S regulatory powers within its territory and over its nationals and entities. Jurisdiction is a fundamental concept that helps define the boundaries of a state's legal authority in the international context. Here are the key aspects of state jurisdiction in international law: *1. Types of Jurisdiction: a. Territorial Jurisdiction: ● D efinition:Territorial jurisdiction allows a stateto exercise its laws and regulations within its geographical boundaries. ● Scope:States have full and exclusive jurisdictionover activities, individuals, and entities within their territory. However, certain exceptions apply under international law, such as diplomatic immunity and extraterritorial crimes. b. Personal Jurisdiction (Nationality Jurisdiction): 79 International Law by Arees Khan Mangi ● D efinition:Personal jurisdiction, also known as nationality jurisdiction, allows a state to exercise jurisdiction over its nationals, regardless of their location. ● Scope:States can assert jurisdiction over their citizens,even when they are abroad. However, the exercise of personal jurisdiction is subject to limitations, especially when it conflicts with the jurisdiction of other states or international human rights standards. c. Prescriptive Jurisdiction: ● D efinition:Prescriptive jurisdiction refers to astate's authority to prescribe laws and regulations that apply to certain conduct, regardless of where the conduct occurs or the nationality of the individuals involved. ● Scope:States can assert prescriptive jurisdictionover activities that have a substantial connection to their interests, even if the activities occur outside their territory. This principle is often applied in areas such as antitrust laws and environmental regulations. d. Enforcement Jurisdiction: ● D efinition:Enforcement jurisdiction allows a stateto enforce its laws and judgments, including through law enforcement and judicial mechanisms, within its territory. ● Scope:States can enforce their laws against individuals,entities, or property within their jurisdiction. However, the enforcement of judgments across borders often requires international cooperation and recognition from other states. *2. Limits to State Jurisdiction: a. Principles of Non-Intervention and Sovereign Equality: ● International law upholds the principles of non-intervention and sovereign equality, preventing states from interfering in the internal affairs of other states without their consent. b. International Human Rights Standards: ● S tates must adhere to international human rights standards, which impose limitations on the exercise of jurisdiction, especially concerning the treatment of individuals within a state's jurisdiction. c. Treaty Obligations: ● S tates are bound by international treaties and agreements that may limit their jurisdiction or grant specific rights to individuals and entities. Treaties often establish the framework for cooperation and coordination between states in various areas of jurisdiction. d. Customary International Law: 80 International Law by Arees Khan Mangi ● C ustomary international law imposes restrictions on certain exercises of jurisdiction, ensuring that states respect established practices and norms recognized by the international community. tate jurisdiction in international law is a complex and evolving area, shaped by treaties, S customary practices, and international jurisprudence. Striking a balance between a state's legitimate exercise of jurisdiction and respecting the rights and interests of other states and individuals is essential to maintaining international peace, security, and cooperation. State Succession(taking over) to Rights and Obligations. ● doctrines of state succession tate succession refers to the process through which a new state or government S assumes the rights, obligations, and responsibilities of a predecessor state or government. There are several key doctrines and principles related to state succession in international law: *1. Doctrine of Continuity: ○ D efinition:The doctrine of continuity asserts thata new state or government continues the existence of the predecessor state in terms of treaties, agreements, and international legal personality. ○ Relevance:This doctrine ensures that existing internationaltreaties, commitments, and obligations continue to apply to the successor state, maintaining stability in international relations. ● *2. Doctrine of Universality: ○ D efinition:The doctrine of universality states thatcertain treaties, especially those related to human rights, are binding on all states, including successor states, regardless of their recognition or participation in the treaty negotiations. ○ Relevance:This doctrine ensures that fundamentalhuman rights obligations persist even in cases of state succession, protecting the rights of individuals within the successor state's territory. ● *3. Doctrine of Transformation: ○ D efinition:The doctrine of transformation positsthat treaties continue to apply to the successor state but may require domestic legislation or transformation into national law to be fully effective. ○ Relevance:Successor states need to adapt internationaltreaties into domestic law to ensure the practical implementation of international obligations, especially when the treaties were not previously incorporated into domestic legislation. 81 International Law by Arees Khan Mangi ● *4. Doctrine of Clean Slate: ○ D efinition:The doctrine of a clean slate holds thata new state is not bound by the international agreements of its predecessor state and must renegotiate or reaffirm its international commitments. ○ Relevance:This doctrine is often applied in casesof revolutionary or radical political changes where the new government seeks to distance itself from the policies and commitments of the previous regime. ● *5. Doctrine of Acquis: ○ D efinition:The doctrine of acquis states that a successorstate automatically inherits the assets, debts, and liabilities of the predecessor state, including treaty obligations, property, and financial commitments. ○ Relevance:This doctrine ensures the seamless transferof assets and responsibilities from the predecessor state to the successor state, maintaining the continuity of state functions. ● *6. Doctrine of Intertemporal Law: ○ D efinition:The doctrine of intertemporal law assertsthat legal rights and obligations are determined by the law applicable at the time the events occurred, even if there have been subsequent changes in international law. ○ Relevance:This doctrine helps resolve conflicts arisingfrom changes in treaties or laws over time, ensuring stability and predictability in legal relationships, including those affected by state succession. These doctrines and principles guide the process of state succession, providing a ● framework for the continuity of international legal obligations, protection of human rights, and resolution of disputes in cases where states undergo political transformations or territorial changes. State succession cases are often complex and require careful consideration of these doctrines to maintain international stability and uphold the rights and obligations of both states and individuals. ● rights and duties arising out of succession political rights and duties ○ ○ local rights and duties → Lands, rivers, railroads, rights and duties ○ Fiscal property debts → cannot claim old debts ○ Contracts → succeeding states should be bound ○ Laws → civil laws continues until changed ○ Nationality → transfered to new international person Vienna convention on succession ● he Vienna Convention on Succession of States in respect of Treaties, adopted in Y 1978, addresses the issue of treaty succession when states undergo territorial changes 82 International Law by Arees Khan Mangi or political transformations. Vienna Convention on Succession of States in respectof Treaties: *1. Purpose: ○ T he convention aims to establish clear rules and procedures regarding the succession of states to treaties. It provides guidelines on which treaties continue to be binding on the successor state and which treaties the successor state can choose not to be bound by. ● *2. Key Principles: ○ A utomatic Continuity:Treaties continue to be in forcefor the successor state unless it expresses a different intention or unless the treaty itself provides otherwise. ○ Consent and Modification:If both parties to a treatyagree, modifications or terminations of treaties can be negotiated after the succession. ○ Timeframe for Decision:The successor state has alimited period (usually five years from the date of succession) to notify other states and the treaty depositaries about its decisions regarding specific treaties. ○ Multilateral Treaties:Multilateral treaties posea unique challenge. If a treaty has a large number of parties, decisions might need to be negotiated collectively. ● *3. Importance: ○ T he convention provides a systematic approach to the complex issue of treaty succession, ensuring legal stability and predictability in international relations during times of political change or territorial shifts. Please note that the information provided here is based on the status as of January ● 2022. There might have been updates or new developments regarding state succession and related conventions after this date. It's advisable to consult the latest sources or legal experts for the most recent information on this topic. uccession to Rights and Obligations in International Law: Ensuring Continuity and S Stability uccession to rights and obligations in international law refers to the process by which a new S state or government assumes the rights and responsibilities of a predecessor state or government. This succession can occur due to various events, such as state dissolution, decolonization, or political transformation, and it ensures the continuity and stability of international relations. Here are the key aspects of succession to rights and obligations in international law: 83 International Law by Arees Khan Mangi State Succession in International Law: Principles and Considerations tate succession in international law refers to the process by which a new state emerges or an S existing state undergoes significant changes, leading to the transfer of rights, obligations, and responsibilities from the predecessor state to the successor state. This transition can occur due to events such as decolonization, secession, or the breakup of states. International law provides several principles and considerations to guide the process of state succession: *1. Principles of State Succession: a. Continuity of Legal Personality: ● T he new state inherits the legal personality of the predecessor state, ensuring the continuity of its existence in the international community. b. Continuity of Treaties: ● U nless otherwise agreed or a fundamental change in circumstances (rebus sic stantibus) justifies modification or termination, treaties concluded by the predecessor state continue to bind the successor state. c. Protection of Minority Rights: ● T he rights of minorities residing in the territory of the successor state are safeguarded, preventing discrimination and ensuring their protection. d. State Property and Debts: ● T he successor state typically assumes a portion of the predecessor state's assets and liabilities, often negotiated between the parties involved. *2. Decolonization and Succession: a. Self-Determination: ● T he principle of self-determination allows colonial territories to gain independence and establish sovereign states, leading to state succession. b. Transfer of Sovereignty: ● C olonial powers transfer sovereignty to the newly independent state, including international obligations and responsibilities. *3. Secession and Succession: 84 International Law by Arees Khan Mangi a. Consent of Parties: ● S ecession and the subsequent formation of a new state require the consent of the affected parties, often involving negotiations and international recognition. b. Recognition by the International Community: ● T he new state's recognition by the international community is a crucial step, indicating acceptance of its independence and statehood. *4. Dissolution of States and Succession: a. Division of Assets and Liabilities: ● In cases of state dissolution or fragmentation, negotiations determine the division of state assets, debts, and international obligations among successor states. b. Continuity of Treaties: ● S uccessor states are often expected to respect existing treaties, ensuring continuity in their international commitments. *5. Peaceful Agreements and Mediation: a. Negotiated Agreements: ● S tates involved in succession often engage in negotiations to settle issues related to boundaries, citizenship, and resource allocation. b. International Mediation: ● International organizations and third-party states can facilitate dialogue and mediation to assist parties in reaching mutually acceptable agreements. tate succession is a complex and multifaceted process that requires careful consideration of S historical, political, and legal factors. International law provides a framework that emphasizes peaceful negotiations, respect for existing agreements, and the protection of minority rights, ensuring a smooth transition and fostering stability in the international community. 1. State Succession: a. Definition: 85 International Law by Arees Khan Mangi ● S tate succession occurs when a new state is created out of the territory of an existing state or when a state ceases to exist, leading to the transfer of rights and obligations to the new state(s). b. Automatic Succession: ● In cases of state dissolution or partition, the successor states automatically assume the rights and obligations of the predecessor state, ensuring the continuity of treaties, memberships in international organizations, and other international commitments. c. Treaty Continuity: ● S uccessor states are generally bound by the treaties concluded by the predecessor state, unless there is an agreement between the parties involved or a fundamental change in circumstances (rebus sic stantibus) that justifies treaty modification or termination. 2. Government Succession: a. Definition: ● G overnment succession occurs when there is a change in government within an existing state due to democratic elections, revolution, or other political processes. b. Continuity of Treaties: ● T reaties concluded by the previous government typically continue to bind the state, as long as there is no explicit intent to terminate or modify these treaties. International partners usually presume treaty continuity in the absence of official notification. c. Recognition by Other States: ● R ecognition of the new government by other states plays a crucial role in determining its status as the legitimate representative of the state. Recognized governments can enforce the state's rights and fulfill its obligations under international law. 3. Decolonization: a. Definition: ● D ecolonization refers to the process by which colonies gain independence and become sovereign states. b. Transfer of Obligations: 86 International Law by Arees Khan Mangi ● C olonial powers often transfer certain international obligations, agreements, and commitments to the newly independent state, ensuring the continuity of international relationships and responsibilities. 4. Responsibility to Protect: a. Definition: ● T he principle of the Responsibility to Protect (R2P) emphasizes the obligation of states to protect their populations from mass atrocities, and it allows the international community to intervene in case a state fails to fulfill this responsibility. b. Continuity of R2P: ● S uccessor states inherit the responsibility to protect their populations. In cases of government succession, the new government assumes this obligation and is held accountable for the protection of its citizens. 5. Challenges and Disputes: a. Disputes over Succession: ● D isputes may arise between successor states, especially concerning territorial issues or the division of assets and liabilities. International mediation or arbitration can be employed to resolve such disputes. uccession to rights and obligations in international law is guided by principles of continuity, S good faith, and respect for existing international agreements. Clear communication, adherence to international norms, and cooperation among states are essential to ensuring a smooth and lawful transition of rights and responsibilities in cases of state and government succession. The State and the Individual. In international law, the relationship between the state and the individual is a fundamental aspect that involves the protection of human rights, the responsibility of states, and the interaction between individuals and the global legal framework. Here are key aspects of the state-individual relationship in international law: *1. Protection of Human Rights: a. International Human Rights Treaties: 87 International Law by Arees Khan Mangi ● S tates are parties to various international human rights treaties, such as the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR). These treaties establish the rights and freedoms of individuals, and states are responsible for upholding these rights within their territories. b. Universal Declaration of Human Rights (UDHR): ● T he UDHR, although not legally binding, sets the international standard for human rights. It emphasizes the inherent dignity and equal rights of all individuals and serves as a foundation for subsequent human rights treaties. *2. State Responsibility: a. Responsibility to Protect (R2P): ● S tates have a responsibility to protect their populations from genocide, war crimes, ethnic cleansing, and crimes against humanity. If a state fails to protect its citizens, the international community may intervene, emphasizing the protection of individuals from mass atrocities. b. Individual Criminal Responsibility: ● Individuals can be held criminally responsible for international crimes such as genocide, war crimes, and crimes against humanity. International criminal tribunals, including the International Criminal Court (ICC), prosecute individuals for these offenses, irrespective of their official capacity. *3. Access to Justice and Remedies: a. Universal Jurisdiction: ● S ome heinous crimes, such as genocide and crimes against humanity, are subject to universal jurisdiction. This means that any state can prosecute individuals for these crimes, regardless of where the crimes occurred or the nationality of the perpetrators or victims. b. International Courts and Tribunals: ● Individuals and states can bring cases before international courts and tribunals, such as the International Court of Justice (ICJ) and the ICC, seeking justice for human rights violations and violations of international law. *4. Refugee Rights: 88 International Law by Arees Khan Mangi a. Refugee Protection: ● T he 1951 Refugee Convention and its 1967 Protocol establish the rights of refugees, ensuring that individuals fleeing persecution are protected and cannot be returned to their home countries if they face threats to their lives or freedom. b. Non-Refoulement: ● T he principle of non-refoulement prohibits states from returning individuals to countries where they may face persecution, torture, or inhuman or degrading treatment. It is a fundamental aspect of refugee protection and is widely recognized in international law. *5. Corporate Social Responsibility: a. Responsibility of Corporations: ● C orporations are increasingly held accountable for human rights violations, and there is a growing recognition of their responsibility to respect human rights. The United Nations Guiding Principles on Business and Human Rights outline the responsibilities of states and businesses regarding human rights. he state-individual relationship in international law is characterized by the protection of T individual rights, state responsibility to protect and promote these rights, and mechanisms to ensure accountability for violations. It underscores the importance of individuals as rights holders within the international legal framework, promoting the dignity, equality, and well-being of all human beings. The State and the Economic Interest. he relationship between the state and economic interests is a complex and multifaceted aspect T of international law and domestic governance. States play a central role in shaping economic policies, regulating markets, and ensuring economic stability within their territories. Here are the key aspects of the state's involvement with economic interests: 1. Economic Sovereignty: ● D efinition:Economic sovereignty refers to a state'scontrol over its economic policies, resources, and activities within its borders. ● State's Role:States have the authority to formulateeconomic policies, regulate trade and commerce, and promote economic development strategies to advance the welfare of their citizens. 2. Regulation and Legislation: 89 International Law by Arees Khan Mangi ● M arket Regulation:States regulate markets to ensure fair competition, consumer protection, and prevention of monopolistic practices. Regulatory bodies are established to oversee sectors such as finance, telecommunications, and utilities. ● Labor Laws:States enact labor laws to protect workers'rights, ensuring fair wages, safe working conditions, and collective bargaining rights. 3. International Trade and Investment: ● T rade Agreements:States negotiate trade agreementsto facilitate the flow of goods and services across borders. These agreements can be bilateral, regional, or multilateral, promoting economic cooperation and reducing trade barriers. ● Investment Protection:States often enter into bilateralinvestment treaties (BITs) or multilateral agreements to protect foreign investments and ensure a stable investment environment. 4. Economic Diplomacy: ● P romotion of Economic Interests:States engage ineconomic diplomacy to promote their economic interests abroad, attract foreign investments, and enhance export opportunities. ● Negotiating Economic Treaties:States negotiate treatiesrelated to economic cooperation, double taxation, and trade to strengthen economic ties with other nations. 5. Development and Poverty Alleviation: ● E conomic Development:States implement policies andinitiatives to stimulate economic growth, create jobs, and reduce poverty. This may involve investment in infrastructure, education, healthcare, and technology. ● Social Welfare Programs:States design social welfareprograms to provide financial assistance, healthcare, and education to vulnerable populations, aiming to reduce disparities and improve living standards. 6. Economic Stability and Crisis Management: ● M onetary and Fiscal Policies:States implement monetarypolicies (controlled by central banks) and fiscal policies (controlled by governments) to stabilize economies, control inflation, and manage economic growth. ● Crisis Management:States respond to economic crises,such as financial downturns or natural disasters, by implementing stimulus packages, financial regulations, and support programs to stabilize the economy. 7. Corporate Responsibility and Environmental Regulations: 90 International Law by Arees Khan Mangi ● C orporate Social Responsibility (CSR):States encourage or mandate businesses to engage in socially responsible practices, including ethical production, environmental sustainability, and community engagement. ● Environmental Regulations:States enact laws and regulationsto protect the environment, promote clean energy, and mitigate climate change, balancing economic interests with environmental sustainability. he state's relationship with economic interests reflects a delicate balance between promoting T economic growth, ensuring social welfare, protecting individual and corporate rights, and upholding ethical and environmental standards. States play a crucial role in fostering a conducive environment for economic activities while safeguarding the well-being of their citizens and the sustainability of resources and ecosystems. Territory (done in physical notes) Sea: Uniclos(done in physical notes) River(to be done) Misc topics Cases ● Alabama claims award 1872 ○ Parties: USA vs. GB ○ Facts . 1 2. 3. 4. Issue ○ ritain adapted neutrality during US civil war B Britain made warships for confederate army US demanded britian, they didn't comply UK alleged guilty for breach of neutrality 1. W eather or not under washington agreement(neutrality agreement), britain breached it? 2. Weather britain was liable to pay compensation to britain or not? Decision : Britain failed to follow neutrality, and was forced to pay $1550000 ○ worth gold ○ Reasons : no state can violate I LAW to secure national law 91 International Law by Arees Khan Mangi ○ Significance Set precedent for i law arbitration and codified public law raised the issue of neutrality arbitration and peaceful settlement of disputes Led to hague convention, lon, world court, and UN ● Lotus case 1927 ● Reparations of injuries in the service of united nations case 1949 ● Rainbow warriors case 1986 ● Sarvakar case 1911 ● Nicaragua vs USA Case War, armed conflict and other hostilities ● War ar in international law is a complex and multifaceted topic that encompasses rules and W principles governing armed conflicts between states and other parties. International law addresses both the jus ad bellum (the right to wage war) and jus in bello (the conduct of war) aspects of armed conflict. Here are the key aspects of war in international law: *1. Jus ad Bellum (Right to Wage War): *a. Principles of Jus ad Bellum: ○ U N Charter:The United Nations Charter prohibits theuse of force in international relations except in self-defense against armed attack (Article 51) or when authorized by the UN Security Council for the maintenance of international peace and security (Chapter VII). ○ Self-Defense:States have the inherent right to individualor collective self-defense against armed attacks. The use of force must be necessary, proportional, and immediate, and states must report to the UN Security Council (Article 51, UN Charter). 92 International Law by Arees Khan Mangi ○ H umanitarian Intervention:The concept of humanitarian intervention, where states intervene in another state to protect people from gross human rights violations, remains contentious and lacks clear legal basis under international law. ● *b. War Crimes and Aggression: ○ W ar Crimes:International humanitarian law (IHL) prohibitscertain acts during armed conflicts, including targeting civilians, torture, and using prohibited weapons. Individuals can be prosecuted for war crimes by international or domestic courts. ○ Crime of Aggression:The International Criminal Court(ICC) can prosecute the crime of aggression, defined as the planning, initiation, or execution of an act of aggression, which is the use of armed force by one state against the sovereignty, territorial integrity, or political independence of another state. ● *2. Jus in Bello (Conduct of War): *a. Principles of Jus in Bello: ○ D istinction:Parties to a conflict must distinguishbetween civilians and combatants, directing attacks only at military objectives and avoiding civilian casualties and civilian objects. ○ Proportionality:The use of force must be proportionateto the military objective. Excessive force causing disproportionate civilian harm is prohibited. ○ Protection of Non-Combatants:Non-combatants, includingcivilians and captured combatants, must be protected and treated humanely. Torture and other forms of mistreatment are strictly prohibited. ○ Military Necessity:The use of force must be necessaryfor achieving a legitimate military objective. Indiscriminate attacks and tactics causing excessive harm are illegal. ● *3. Post-Conflict: ○ R econstruction and Accountability:After armed conflict,states have obligations to facilitate post-conflict reconstruction, provide humanitarian aid, and ensure accountability for war crimes through domestic or international justice mechanisms. ○ Peace Treaties:States may enter into peace treaties,outlining the terms for cessation of hostilities, territorial boundaries, and the rights of affected populations. ○ Truth and Reconciliation:In post-conflict societies,truth and reconciliation commissions are sometimes established to address past human rights abuses and promote national healing. International law strives to limit the devastation caused by armed conflicts, protect ● human rights, and promote peaceful resolution mechanisms. Adherence to these legal 93 International Law by Arees Khan Mangi principles is crucial to ensuring a more just and stable global order. In international law, the terms "war," "armed conflict," and "other hostilities" have specific legal definitions and implications. These terms are primarily governed by the body of law known as International Humanitarian Law (IHL), which regulates the conduct of armed conflict and aims to protect those not or no longer participating in the hostilities, such as civilians and wounded soldiers. Here's how these terms are defined and understood in the context of international law: *1. War: ● D efinition:"War" is a term commonly used in everydaylanguage to describe a state of armed conflict between different countries or states. However, in modern international law, the term "war" is not used as a legal classification. Instead, international law recognizes the concept of "armed conflict." ● Armed Conflict:International law recognizes two maintypes of armed conflict: ○ International Armed Conflict:This type of armed conflictoccurs between two or more states. It involves the use of armed force and is regulated by IHL, including the Geneva Conventions and their Additional Protocols. ○ Non-International Armed Conflict:This type of armedconflict occurs within the territory of a single state and involves armed confrontations between governmental forces and non-state armed groups or between such groups within the state. Non-international armed conflicts are also governed by IHL. *2. Other Hostilities: ● D efinition:"Other hostilities" refer to situationswhere there is ongoing violence or armed confrontations that do not meet the criteria of a formal armed conflict. These situations might involve civil unrest, riots, or sporadic acts of violence. ● Legal Implications:While IHL specifically regulatesinternational and non-international armed conflicts, situations of "other hostilities" fall within the jurisdiction of a state's domestic legal system and international human rights law. Human rights law provides protections for individuals during times of peace and in situations of violence that do not amount to armed conflict. *3. International Law Protections: ● IHL Protections:In situations of armed conflict (bothinternational and non-international), IHL provides legal protections for civilians, prisoners of war, the wounded, and other individuals not actively participating in the hostilities. ● Human Rights Protections:In situations of "otherhostilities," individuals continue to be protected by international human rights law. States are obligated to respect and protect the human rights of all individuals within their jurisdiction, regardless of the specific situation. 94 International Law by Arees Khan Mangi It's important to note that the classification of a situation as an armed conflict has legal implications, triggering the application of IHL. Determining the existence and classification of armed conflicts can be complex and is often subject to legal analysis by experts, including humanitarian organizations and international courts. States have an obligation to uphold international law and protect the rights of individuals, whether in times of peace, during armed conflicts, or in situations of other hostilities. Diplomatic envoys, counsels, and other representatives iplomatic envoys, counsels, and other representatives play essential roles in the realm of D international law, facilitating communication and negotiation between states and international organizations. Here's an overview of their roles and legal status in international law: *1. Diplomatic Envoys: ● D efinition:Diplomatic envoys, commonly known as diplomats,are individuals appointed by states to represent them in other countries or at international organizations. They engage in diplomacy, negotiations, and the promotion of their country's interests. ● Legal Status:Diplomats enjoy diplomatic immunity,a principle established under the Vienna Convention on Diplomatic Relations (1961). This immunity ensures that diplomats are protected from arrest, prosecution, and civil suits in the host country. It also includes protections for their residences and diplomatic bags. *2. Counsels and Legal Representatives: ● D efinition:Counsels and legal representatives areprofessionals, often lawyers, appointed by states or parties to represent them in international legal proceedings, such as before international courts and tribunals. ● Legal Status:Legal representatives are subject tothe rules and procedures of the specific international court or tribunal where they are representing their clients. They are expected to adhere to professional conduct and ethics standards. *3. Other Representatives in International Law: ● P ermanent Representatives:States often appoint permanentrepresentatives to international organizations like the United Nations. These representatives engage in diplomatic negotiations, participate in international conferences, and advocate for their country's positions on various issues. ● Special Envoys:Special envoys are appointed for specificmissions or negotiations, often in crisis situations or peace processes. They have a mandate to represent their appointing authority in particular matters and report back on the progress of their mission. *4. Functions and Responsibilities: 95 International Law by Arees Khan Mangi ● N egotiation and Representation:Diplomatic envoys, counsels, and other representatives negotiate treaties, resolve disputes, and represent their states or clients in international forums and legal proceedings. ● Conflict Resolution:Special envoys often play crucialroles in mediating conflicts, fostering peace agreements, and facilitating dialogue between conflicting parties. ● Information Exchange:Diplomatic representatives serveas conduits for exchanging information and intelligence between states, contributing to mutual understanding and cooperation. ● Promotion of Interests:These representatives advocatefor their states' interests, promote cultural exchanges, economic cooperation, and other forms of collaboration between states. ● Humanitarian and Development Work:Representativesmay also engage in humanitarian and development work, representing their states or organizations in international initiatives aimed at addressing global challenges, such as poverty, climate change, and humanitarian crises. In summary, diplomatic envoys, counsels, and other representatives play vital roles in advancing states' interests, promoting international cooperation, and resolving disputes within the framework of international law. Their roles are defined by international conventions, treaties, and diplomatic practices, ensuring the smooth functioning of diplomatic relations between states and international organizations. neutrality Neutrality in International Law: eutrality is a principle in international law that allows states to remain uninvolved in armed N conflicts between other states or parties. Neutrality enables a state to maintain impartiality, refrain from taking sides, and avoid participation in military operations during conflicts. Here are the key aspects of neutrality in international law: *1. Definition and Principles: ● D efinition:Neutrality is the state of not takingsides in a conflict and refraining from supporting or participating in military activities carried out by belligerent parties. ● Impartiality:Neutrality requires states to be impartial,treating all belligerent parties equally and refraining from providing assistance or support to any of the conflicting parties. ● Non-Participation:Neutral states must refrain fromparticipating in military actions, providing military aid, or allowing their territory to be used for military operations by belligerent parties. *2. Rights and Duties of Neutral States: 96 International Law by Arees Khan Mangi ● Rights of Neutral States: ○ Neutral states have the right to be free from military attacks by belligerents. ○ They can continue their normal trade, economic activities, and diplomatic relations with all parties involved in the conflict. ● Duties of Neutral States: ○ They must refrain from providing military assistance, including arms, soldiers, or intelligence, to any of the warring parties. ○ They must enforce arms embargoes and other sanctions imposed by the international community. *3. Status of Neutrality: ● D eclaration of Neutrality:States can formally declaretheir neutrality, indicating their intention to remain uninvolved in a particular conflict. Such declarations often clarify the rights and responsibilities of the neutral state. ● Recognition of Neutrality:Neutrality may be recognizedby the international community, acknowledging the state's status and its rights under international law. *4. Limitations and Challenges: ● H umanitarian Obligations:Despite neutrality, statesare bound by international humanitarian law to provide assistance to civilians affected by armed conflicts, including access to humanitarian aid and protection of human rights. ● Challenges in Modern Conflicts:In modern conflicts,the distinction between civilian and military activities can be blurred, posing challenges to the concept of neutrality. Additionally, cyber attacks and hybrid warfare have raised new questions about the application of neutrality in the digital age. ● Responsibility to Protect:The principle of the Responsibilityto Protect (R2P) emphasizes the international community's responsibility to protect populations from mass atrocities, potentially challenging the strict application of neutrality in cases of humanitarian crises. eutrality continues to be an important principle in international law, promoting peace and N stability by preventing the escalation of conflicts. However, the evolving nature of conflicts and international relations requires careful consideration of the application and limitations of neutrality in contemporary contexts. 97
