Introduction-to-International-Law-14022024-125613pm.pptx

international law

1. Introduction to International Law Understanding the Foundations and Principles

2. Key Texts in International Law J.G Starke Introduction to International Law Brownlie , Principles of Public International Law Oppenheim, International Law Malcolm N. Shaw, International Law Malcolm D. Evans, International Law Max Plank Encyclo pedia of Public International Law.

3. Significance of International Law State level activities are regulated by International Legal documents in everyday life. The International Civil Aviation Organization is a specialized agency of the United Nations that coordinates the principles and techniques of international air navigation, and fosters the planning and development of international air transport to ensure safe and orderly growth.  The World Customs Organization (WCO), established in 1952 as the Customs Co-operation Council (CCC) is a body whose mission is to enhance the effectiveness and efficiency of Customs administrations.

4. Relationship between International law and International politics Political policies are implemented and executed through international law. International law adds value to state’s strategic goals. Foreign policy objectives can be obtained through legal steps. E.g in Shimla agreement the political objectives were documented in bilateral agreement. Similarly at global level WTO is regulating the trade issues of the states.

5. Origin and Historical Background International Law has been developing from time to time and its form has been changing with the passage of time. In thirteen century B.C a contract took place between Egyptian King Pharaoh and Syrian King after a war. It was written on a silver plate. It was consisted on the conditions of peace, cooperation and land acquisition. There was diplomatic representation, disputes were settled with arbitration and a tradition of asylum has been existing since that age. Roman Empire-Christian Influence-Crusades ( Christian priests declared all the agreements with Muslims prohibited .

6. International Law in the 19 th century It is in this century that the law started looking beyond the customs and treaties. International conferences started taking place. The congress of Vienna (1815) marks the starting point of what may be called international legislation, the formulated various rules regarding principles of diplomatic representation and navigation in international rivers. The declaration of Paris(1856) on the regulation of Maritime warfare. The Geneva Convention (1864) of Red Cross aimed at amelioration of the conditions of the sick and wounded in the war. The Declaration of St. Petersburg (1868) prohibiting the use of explosive bullets. The Hague Conference of (1899) established principles of rules of war. The Hague Conference (1907) on principles of war, enemy national and rights and responsibilities of neutral states.

7. International Law in the 20 th century The league of Nations after the first world war was the first international organization designed to maintain international peace and promote cooperation amongst Nations. Permanent court of international Justice in 1921 was succeed by the present international court of Justice in 1946 . The establishment of United Nations Organization in 1945. A large number of permanent institutions were established for e. g ILO, WHO, ILC (created in 1947 which played a significant role in the codification of international law). The protection of human rights movements led to the formation of UDHR 1948. ICCPR, NATO , EU etc , were established.

8. Nature of International Law International Law is not a real law according to Austin and Hobbes because Law is command of sovereign enforced by superior political authority. Austin says it is just positive morality. Bentham first coined the term international law. According to Bentham and Holland International law lacks an effective legislative machinery, executive machinery and potent judiciary and sanction which is necessary for enforcement.

9. International law is a real law. Hall and Lawrence International law is followed and enforced and just like positive law it is derived from custom and precedent so it is a law. Fredrick pollock : For a Law to exist the only condition is that it is recognized by the political community as binding them and international law satisfies them. Hugo Grotius is known as the father of international law he divided man made law in to law of nations and muncipal law.

10. What is international law Definition. Oppenhiem and Gray: International Law is the name of the body of customary and conventional rules which are considered legally binding by the civilized states in their intercourse with each other. Robert Jennings and Arthur Watt states are not the only subject matter of international law. International organizations and to some extent individuals also may be subject to international law.

11. What is International Law Definition : International law as it is used here refers specifically to public international law. Public international law is the set of legal rules that govern international relations between public bodies that include states ( e.g Pakistan) and international organizations ( e.g the United Nations). The narrowest understanding of international law thus reflects a set of obligations between and upon states. These obligations, by and large, are the direct result of consent by states through conventions, treaties, etc.

12. Nature of International Law It has a controversial status. Present day practical scenario There is international legislation created as treaties conventions. These legislations have binding force. The international community and UN can act against the violation of these legislations. International law in fact is a real law but weaker than municipal law.

13. Nature of International law (Why it is a weak law). State-Centric: International law primarily governs the conduct of states in their interactions with one another. However, it also increasingly addresses the rights and responsibilities of non-state actors such as international organizations, individuals, and corporations. Voluntariness: States voluntarily consent to be bound by international legal obligations through treaties, agreements, and customary practices. Compliance with international law is largely based on the consent of states. Horizontal Nature: Unlike domestic law, which operates vertically between the government and individuals, international law operates horizontally among sovereign states. It lacks a centralized authority with the power to enforce laws universally. Fragmentation: International law is composed of a diverse array of legal sources, including treaties, customary practices, general principles of law, and judicial decisions. This fragmentation reflects the decentralized nature of the international legal system.

14. Principles of International Law Sovereignty: The principle that states have supreme authority within their territorial boundaries. Equality: All states are considered equal under international law, regardless of size or power. Non-Intervention: States should refrain from interfering in the internal affairs of other states. Peaceful Resolution of Disputes: Encouraging negotiation and mediation to resolve conflicts peacefully. Respect for Human Rights : Protection of fundamental human rights is a cornerstone of international law. Pacta Sunt Servanda : Treaties shall be complied with.

15. Types of international Law Public International Law: Governs relations between states and international organizations, including areas like diplomatic law, treaty law, and human rights law. Private International Law (Conflict of Laws): Addresses legal disputes involving individuals or entities from different countries, such as contracts or property rights.

16. Key International Law Organizations United Nations (UN): Established in 1945 to promote international cooperation and maintain peace and security. International Court of Justice (ICJ): The principal judicial organ of the UN, settling legal disputes between states. World Trade Organization (WTO): Regulates international trade and resolves trade disputes among member states. International Criminal Court (ICC): Prosecutes individuals for genocide, war crimes, crimes against humanity, and aggression.

17. Domestic Application Pakistan is party to hundreds of multilateral treaties, bilateral treaties, etc. Pakistan reproduced rights enshrined in ICCPR within the chapter on fundamental rights in the constitution