Public International Law
Class 02: Introduction | Date: 07.02.2023
Public International Law: It deals with the rights and obligations of States and rests
on the concept of sovereignty.
Reconciling Rights & Obligations of States and Sovereignty: The phrase "Pacta Sunt
Servanda", meaning agreements must be kept deals with the consenting nature of the
states. In other words, the states will consent to the rights & obligations enforced
upon them.
Who are the Subjects of International Law?

Primary Subjects: Nation States & International Organizations

Secondary Subjects: All Subjects - Primary Subjects [For example, non-state
actors, MNCs, NGOs, Individuals, etc.]
Difference between International Law and Domestic Laws:

Enforceability/ Sanctions: International law has weaker sanctions as compared
to Domestic law due to the principle of sovereignty.

Law-Making Power: The people in domestic laws provide their law-making
power by choosing representatives, unlike international law.

Stare Decisis: This system is absent in International Law, although the
precedents may have persuasive value. This system is absent due to the concept
of sovereignty.
ICC:

The ICC can be invoked in four (4) matters: (a) Aggression, (b) War Crimes,
(c) Genocide, and (d) Crimes and Humanity.

It can involve private individuals when (a) the individual is from the state
adhering to the Rome Statute or (b) the individual violates the right of the state
adhering to the Rome Statute (for example, Putin).
Is International Law, a Soft Law?
