1) Public International Law- definition, evolution and relation to domestic law Def.

Aspect of international law that deals with the duties and rights of states (and intergovernmental agencies) in their mutual dealings. International law is that relations between states should be governed by common principles and rules. Yet what they are is determined by national interest, which in turn is often driven by domestic concerns. International law differs from domestic law in that it is not always that easy to find out what the law is on a particular matter. Domestic law is reasonably certain and found mostly in legislation and judgments of a hierarchy of courts. In contrast, international law is not so accessible, coherent or certain.

2) Main and subsidiary sourse of PIL

Sources of international law are the materials and processes out of which the rules and principles regulating the international community are developed. They have been influenced by a range of political and legal theories. Article 38(1) of the Statute of the International Court of Justice is generally recognised as a definitive statement of the sources of international law. It requires the Court to apply, among other things, (a) international conventions "expressly recognized by the contesting states", and (b) "international custom, as evidence of a general practice accepted as law". To avoid the possibility of non liquet, sub-paragraph (c) added the requirement that the general principles applied by the Court were those that had been "the general principles of the law recognized by civilized nations". As it is states that by consent determine the content of international law, sub-paragraph (d) acknowledges that the Court is entitled to refer to "judicial decisions" and the most highly qualified juristic writings "as subsidiary means for the determination of rules of law".

3) Treaties and the Treaty of law

A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. Treaties can be loosely compared to contracts: both are means of willing parties assuming obligations among themselves, and a party to either that fails to live up to their obligations can be held liable under international law. Article 2(1)(a) of the Convention defines treaty 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 and whatever its particular designation. The Convention uses treaty as a generic term, and so includes treaties that may be described as universal or regional, intergovernmental, interministerial or administrative. A treaty can be made between only two parties (bilateral) or three or more (multilateral), and most of the Convention applies to both types. A plurilateral treaty is one made between a limited number of states with a particular interest in the subject matter.8 A constituent treaty establishes and regulates an international organisation. A universal treaty is one intended to apply to all states. A regional treaty is self-explanatory.

4) General principles of lawA legal optimization precept or rule of law which should be followed as far as possible. As part of the law, general principles of law do not represent binding normative circumstances in the way that explicit legal norms do, but can be seen as rules of law which should be followed as far as possible. Since they do not carry such rigid binding force as norms of the legal order proper, these principles are called "optimization precepts". For example, the principle deriving from Roman law which holds that agreements are to be kept (pacta sunt servanda) is a general judicial startingpoint to which there are many exceptions. Hence it is possible to be released from excessively harsh and inequitable contractual obligations on the basis of, inter alia, the principle of reasonableness. Finnish law includes numerous general principles of law carrying legal validity which can be mutually contradictory without their validity as such being affected. 5) Principles of Public international law Principles of pil are: -General principles -Fundamental principles -Specific/branch principles ICJ Statue , art 38 the general principles of law recognized by civilized nations Characters of fundamental principles universality, imperativeness, interdependent, dynamic

6) Sovereign equality of states In fact, the above principle of Sovereign Equality was present in customary international law and also in the League of Nations which was the predecessor of the United Nations. The Congress of Westphalia was undoubtedly the first important event in the development of international organisation, as it was an evolution of the modern State system.4 This led to the Treaty ofWestphalia signed in 1648 which for the first time formally incorporated the Sovereign Equality principle. Although the treaty's provisions "did not include the words sovereign state, all of the essential provisions for the practice of sovereignty were present. The treaty respected each state's choice of religious practiceby incorporating the principle that the ruling monarch was the exclusive, legitimate authority within his or her territory and could act within that territory without interference from other powers. After Westphalia, nations party to the treaty began "to respect one another's sovereignty.
- threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purpose of the united nations

7) Refraining from the threat or use of force

-no consideration may be invoked to serve to warrant resort to the threat or use of force -manifestation of force for the purpose of including another participating state to renounce the full exercise of its sovereign rights prohibited -acts of reprisal by force prohibited -threats or use of force cannot be employed as a means of settling disputes, or queations likely to give rise to disputes

8) Inviolability of frontiers Recognition of the inviolability of all the States frontiers Prescription to refrain from any demand for, or act of, seizure and usurpation of part or all of the territory

9) Territorial integrity of states Territorial integrity is the principle under international law that nation-states should not attempt to promote secessionist movements or to promote border changes in other nation-states. [citation needed] Conversely it states that imposition by force of a border change is an act of aggression. In recent years there has been tension between this principle and the concept of humanitarian intervention under Article 73.b of the United Nations Charter "to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement."[1] 10) Peaceful settlement of disputes
The Permanent Court of International Justice described a dispute as a disagreement over a point of law or fact, a conflict of legal views or of interests between two persons(Mavromatis Palestine Concessions Case, 1924). A distinction is sometimes made between legal and political disputes, or justiciable and non-justiciable disputes. Diplomatic methods of dispute are: settlement, negotiation, good offices, mediation, inquiry ,Conciliation. The simplest and the most utilised method to resolve differences is negotiation.Negotiation means discussions between interested parties with a view of reconciling divergent positions,the parties are directly engaged. Successful negotiation requires a certain degree of mutual goodwill, flexibility and sensitivity.

The UN Secretary General may also play a role in resolving disputes between states.The UN Secretary General may alert the Security Council to situations which, in his judgment, are likely to threaten international peace and security. The Secretary General has provided good offices and mediation in many international disputes.

11.Non-intervention in internal affairs

The state are to refrain from any intervention, direct or indirect, individual or collective, in the internal or external affairs falling within the domestic jurisdiction of another state, regardless of their mutual relations. Any form of armed intervention or threat of such intervention against another state prohibited In all circumstances states are to refrain from any other act of military or of political economic or other coercion designed to subordinate to their own interes the exercise the rights inherent to sovereignty of another state and to secure advantages of any kind Inter alia , states are requested to refrain from direct or indirect assistance to terrorist activities, or to subversive or another activities directed towards the violent overthrow of the regime of another state

12. Respect for human rights and fundamental freedoms

The state shall respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion. They will promote and encourage the effective exercise of civil, political, economic, social, cultural and other rights and freedoms all of wich derive from the inherent dignity of the human person and are essential for his free and full development State are recognaze and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience The state on whose territory national minorieties exist will respect the right of person belonging to such minorieties to equality before the law, will afford them the full opportunity for the actual enjoyment of human rights and fundamental freedoms and will, in this manner, protect their legitimate interests in this sphere The participaiting states recognized the universal significance of human rights and fundamental freedoms, respect for which is an essential factor for the peace, justice and well-being necessary to ensure the development of friendly relations and cooperation among themselves as among all states. States will endeavour jointly and separately, including in co-operation with the united nations, to promete universal and effective respect for human rights

State have to guarantee the right of the individual to know and act upon his rights and duties The state will act in conformity with the purpose and principles of the charter of the united nations and with the universal declaration of human rights, and will fulfil their obligations as set forth in the international declarations and agreements in this field

13.Equal rights and self-determination of peoples One of the purposes of the United Nations is to develop friendly relations among nations based on respect for the principle of equal rights and the principle of self-determination of peoples. But the scope and content of this principle were crystallised in the period of decolonisation. Self-determination has become a central principle of international human rights law and it has to be seen in conjunction with the principle of uti possidetis. the principle [uti possidetis] is not a special rule which pertains solely to one specific system of international law. It is a general principle, which is logically connected with the phenomenon of independence wherever it occurs. Its obvious purpose is to prevent the independence and stability of new States being endangered by fratricidal struggles

14. Co-operation among States The States will develop their co-operation with one another and with all States in all fields in accordance with the purposes and principles of the Charter of the United Nations. In developing their co-operation as equals, States shall aim to promote mutual understanding and confidence, friendly and good-neighbourly relations among themselves, international peace, security and justice. States shall also aim to improve the well-being of peoples and contribute to the fulfilment of their aspirations through, inter alia, the benefits resulting from increased mutual knowledge and from progress and achievement in the economic, scientific, technological, social, cultural and humanitarian fields. They will take steps to promote conditions favourable to making these benefits available to all; they will take into account the interest of all in the narrowing of differences in the levels of economic development, and in particular the interest of developing countries throughout the world. They confirm that governments, institutions, organizations and persons have a relevant and positive role to play in contributing toward the achievement of these aims of their cooperation. They will strive, in increasing their co-operation, to develop closer relations among themselves on an improved and more enduring basis for the benefit of peoples.

15. Fulfilment in good faith of obligations unde international law The States will fulfil in good faith their obligations under international law, both those obligations arising from the generally recognized principles and rules of international law and those obligations arising from treaties or other agreements to which they are parties. In exercising their sovereign rights, including the right to determine their laws and regulations, they will conform with their legal obligations under international law. In the event of a conflict between the obligations of the members of the United Nations under the Charter of the United Nations and their obligations under any treaty or other international agreement, their obligations under the Charter will prevail, in accordance with Article 103 of the Charter of the United Nations.

16. Subject of PIL By subjects, is not meant topics, but those persons or entities to which international law applies. It obviously applies to states since they have always been a fundamental concept of international law. Subjects of PIL are: National liberation movements; 17. State and statehood criteria. The accepted criteria for statehood is that the entity has to demonstrate that it has (a) a permanent population; (b) defined territory; (c) a government; and (d) capacity to enter into relations with other states. A permanent population.The population does not have to be homogeneous racially, ethnically,tribally, religiously, linguistically or otherwise. But it must be a settled population, though the presence of certain inhabitants who are traditionally nomadic does not matter. Territory.Size does not matter either. At one time it was thought that countries with a small territory or population (mini- or micro-states). Government.There must be a central government operating as a political body within the law of the land and in effective control of the territory. But once a state has been established, military occupation by another state or civil war will not affect that statehood.. 18.International organizations.

International organisations are probably the most important entities, after states, endowed with international legal personality. The legal personality of international organisations was recognised by the International Court of Justice. International organisations grew out of the diplomatic conferences of the nineteenth century as states sought more effective ways to deal with problems caused by the rapid development of international society. International organisations usually have three main organs: an assembly, in

which all the members are entitled to sit (usually with one vote each); an executive body (often with restricted membership); and a secretariat. There are two main types:

International nongovernmental organizations (INGOs): non-governmental organizations (NGOs) that operate internationally. There are two types:

International non-profit organizations. Examples include the World Organization of the Scout Movement, International Committee of the Red Cross and Mdecins Sans Frontires.

International corporations, referred to as multinational corporations. Examples include The Coca-Cola Company and Toyota.

Intergovernmental organizations, also known as international governmental organizations (IGOs): the type of organization most closely associated with the term 'international organization', these are organizations that are made up primarily ofsovereign states (referred to as member states). 19. The United Nations. An international organization composed of most of the countries of the world. It was founded in 1945 after World War II to promote peace, security, economic development also to replace the League of Nations, to stop wars between countries, and to provide a platform for dialogue. The organization has six principal organs: the General Assembly (the main deliberative assembly); the Security Council (for deciding certain resolutions for peace and security); the Economic and Social Council (for assisting in promoting international economic and social cooperation and development); the Secretariat (for providing studies, information, and facilities needed by the UN); the International Court of Justice (the primary judicial organ); and the United Nations Trusteeship Council (which is currently inactive). The six official languages of the United Nations, used in intergovernmental meetings and documents, are Arabic, Chinese, English, French, Russian, and Spanish. At its founding, the UN had 51 member states; as of 2011, there are 193. 20. Use of force in PIL. In recent years, the use of force by states has produced a lively, sometimes impassioned, debate in the United Nations, parliaments, universities and the media. The debate is vigorous because much is at stake, not least the life of possibly thousands of people, military and civilian. For any foreign ministry legal adviser, the legality of any proposed use of force is the most important issue he or she ever has to face. . The final decision to use force rests with the executive or parliament. A state contemplating the use of force needs to be satisfied that it would be lawful, not merely that a plausible or colourable case could be made to justify it.. International law has been developed to make it possible for states to live together in peace and reasonable harmony. When the Council authorises the use of force (although its resolutions do not use that f-word in this context), it is permitting states to do what otherwise might be unlawful. Article 42 empowers the Council to authorise states to use force when it considers that other measures would be inadequate.

21) International humanitarian law (IHL), or the law of armed conflict, is the law that regulates the conduct of armed conflicts (jus in bello). IHL is inspired by considerations of humanity and the mitigation of human suffering. "It comprises a set of rules, established by treaty or custom, that seeks to protect persons and property/objects that are (or may be) affected by armed conflict and limits the rights of parties to a conflict to use methods and means of warfare of their choice".[1] It includes "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law."[2] It defines the conduct and responsibilities of belligerent nations, neutral nations and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning civilians. It is thus designed to balance humanitarian concerns and military necessity, and subjects warfare to the rule of law by limiting its destructive effect and mitigating human suffering.[3] 22)International human rights law refers to the body of international law designed to promote and protect human rights at the international, regional and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, agreements between states intended to have binding legal effect between the parties that have agreed to them; and customary international law, rules of law derived from the consistent conduct of states acting out of the belief that the law required them to act that way. Other international human rights instruments while not legally binding contribute to the implementation, understanding and development of international human rights law and have been recognised as a source ofpolitical obligation.[1] Enforcement of international human rights law can occur on either a domestic, regional or international level. States that ratify human rights treaties commit themselves to respecting those rights and ensuring that their domestic law is compatible with international legislation. When Domestic Law fails to provide a remedy for human rights abuses parties may be able to resort to regional or international mechanisms for enforcing human rights. International Human rights law is closely related to, but distinct from international humanitarian law. Similar, because the substantive norms they contain are often similar or related for example both provide a protection from torture. Distinct because they are regulated by legally distinct frameworks and usually operate in different contexts and regulate different relationships. 23) International criminal law is a body of international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. Principally, it deals with genocide, war crimes, crimes against humanity as well as the War of aggression. This article also discusses crimes against international law, which may not be part of the body of international criminal law. "Classical" international law governs the relationships, rights, and responsibilities of states. Criminal law generally deals with prohibitions addressed to individuals, and penal sanctions for violation of those prohibition imposed by individual states. International criminal law comprises elements of both in that although its sources are those of international law, its consequences are penal sanctions imposed on individuals.
24) Diplomatic

and Consular law.

Diplomatic law is that area of international law that governs permanent and temporary diplomatic missions. A fundamental concept of diplomatic law is that of diplomatic immunity, which derives from state immunity. Key elements of diplomatic law are the immunity of diplomatic staff,

the inviolability of the diplomatic mission and its grounds, and the security of diplomatic correspondence and diplomatic bags. Diplomatic law is often strictly adhered to by states because it works on reciprocity. For example, if you expel diplomats from a certain country, then your diplomats will most likely be expelled from that country. Founded in 1940, the Consular Law Society is an association of lawyers serving consulates and/or embassies and other attorneys specializing in related international affairs. Its activities include the presentation of awards and the publication of occasional papers. Membership is by invitation. Committees of the society include Diplomatic and Consular Practice; Governments in Exile; Human Rights; Immigration and Nationality; Immunities; International Companies; International and Comparative Law.

25) International Responsibility of States The laws of state responsibility are the principles governing when and how a state is held responsible for a breach of an international obligation. Rather than set forth any particular obligations, the rules of state responsibility determine, in general, when an obligation has been breached and the legal consequences of that violation. In this way they are "secondary" rules that address basic issues of responsibility and remedies available for breach of "primary" or substantive rules of international law, such as with respect to the use of armed force. Because of this generality, the rules can be studied independently of the primary rules of obligation. They establish (1) the conditions for an act to qualify as internationally wrongful, (2) the circumstances under which actions of officials, private individuals and other entities may be attributed to the state, (3) general defences to liability and (4) the consequences of liability. Until recently, the theory of the law of state responsibility was not well developed. The position has now changed, with the adoption of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts ("Draft Articles") by theInternational Law Commission (ILC) in August 2001.[1] The Draft Articles are a combination of codification and progressive development. They have already been cited by the International Court of Justice[2] and have generally been well received. Although the articles are general in coverage, they do not necessarily apply in all cases. Particular treaty regimes, such as the General Agreement on Tariffs and Trade and the European Convention on Human Rights, have established their own special rules of responsibility.