International law is also known as law of nation.

It refers to the body of row image of sovereign states in

a relation with one another

1. Sources of international law

Sources of International law Can either be formal or material.

• Formal sources constitute what the law is

• Material sources identify where the law is to be found.

Article 38 of the statute of the international Court of Justice lists the sources that the ICJ uses to resolve
disputes as follows

I. International conventions or treaties

II. International customs
III. General principles of law recognized by civilized nations or states
IV. Judicial decisions and arbitral tribunal
V. Juristic works or writing

2. International conventions or treaties

• It is the first source of international law according to article 38 Of ICJ
• In modern period it is the most important source of international law
• a treaty is an agreement where two or more states establish or seek to establish
relationship between them by international law
• Treaties can play the role of contracts between two or more parties. Ex: Extradition
treaty or defense pact
• International treaties are of two types
I. Law Making treaties
Law making treaties are treaties which are entered into by a large number of states.
These are the direct sources of international law. Law-making treaties are divided into
two types
➢ Treaties enunciating the rules of universal international law
➢ Enunciating general principles

II. Treaty contracts

Treaty contracts are those treaties which are entered by two or more states. The parties
are binded to the treaties provisions. They helped in the development of customary
rules in international law.

3. International customs
• Custom is a tradition or habit which has been practiced for a long time and eventually is
accepted as law.
• According to 38 of ICJ, international custom is a source of international law
• Customary international law refers to international obligation arising from established
international practices as opposed to obligation. From formal written conventions
• Characteristics of custom
 i. Long duration is essential element of custom
ii. uniform and consistent
iii. No interruption in practice
iv. Practice repeated by numerous states
v. Presence of opinio juris
4. General principles of law recognized by civilized states
• According to article 38 of ICJ, the general principles of law are recognized by civilized nations are
also sources of international law
• International law adapts itself with the changing time and circumstances.
• Domestic law of large number of states does not automatically become international law it has
to be recognized by the world to become internationally accepted
• Res judicata, estoppel etc. are examples of the General principles of law recognized by civilized
states.

5. Judicial decisions and arbitral tribunal

• According to section 38 of ICJ, Judicial decisions and arbitral tribunal are sources of international
law but is treated as subsidiary sources of international law
• State judicial decisions may become rules of international law in following ways:
❖ They are treated as weighty precedents
❖ Decision of the state law may become customary rule of international law in the same way
customs developed.
• Arbitrary decisions still have less value because trust work more as mediators and diplomats
other than judges

6. Juristic works
• Opinion of jurists are also regarded as source of international law
• if the court does not find any treaty or judicial decision or legislative act or any custom then the
court takes the opinion of jurist as subsidiary means of determining the rules of international
law.

7. How international custom will be applied in international law. what are the kinds of tests to
prove international custom?
• There are two kinds of tests to prove international custom
➢ Material test
❖ Should be proved by satisfactory evidence that custom is of such nature that it has received
general consent of the states civilized state and no state opposes it.
❖ Case reference: Colombia vs Peru ICJ 1950
➢ Psychological test.
❖ In this test when in any matter on practice two states follow it repeatedly for a long time it
becomes a binding customary rule.
❖ Case reference: Lotus cases
 8. What is state recognition?
• State recognition means a state acknowledged or accepted as international personality by the
existing state of international community
• If a state needs to get legal status as a state it must have international recognition
• there are four elements two creating structure of state
➢ Population
➢ Territory
➢ Government
➢ Sovereignty
• According to kelson view for a state to be recognized these conditions must be fulfilled
➢ must be politically organized
➢ half control over definite territory
➢ must be permanent
➢ must be independent

9. discuss state recognition from theoretical perspective? / Nature of state recognition?

• there are two theories namely
i. Constitutive theory
➢ This theory states that for a state to legally establish, it needs recognition and the four essential
conditions of statehood and recognition
➢ According to this theory recognition is an element of the state otherwise a state cannot exist.
❖ CRITISISMS
➢ If recognition is considered as an element of a state. then concept of state in political science
and other senses are proven wrong
➢ international law is not obligated to give any state recognition if a state has all four elements
and is still not recognized by any state then it cannot be established as a state if recognition is
considered as an element
➢ According to this theory, unrecognized state can either have rights nor duties Under
international law which is an absurd suggestion
ii. Declaratory / Evidentiary theory
• If any state has the four elements, then this state is established as an independent state.
• Recognition is merely a formal acknowledgement
• The act of recognition is merely declaratory often existing fact that a particular state or
government possesses the essential attributes as required under international law
• When state enters as of right in the family of nations it has acquired the essential attributes of
statehood
❖ CRITICSIMS
❖ Recognition can be said as normal declaration it does not matter if a state has recognition does
not depend on international rights and duties. In reality without recognition our state cannot be
legally established.

10. Recognition of state is neither purely constitutive nor declaratory Rather a combination of
both. Explain the nature of recognition in the light of above statement? /Recognition of a
state is constitutive as well as declaratory. explain this statement
• (Definition of constitutive and declatory)
• It can be said that recognition of state is partly Constitutive or declaratory.
• When the essential characteristics are fulfilled by a state then it comes into existence. if
international rights and obligation are exercised by the state then declarative theory applies or
then a state is recognized, it is a declatory act. but when the state gets legal rights of recognition
then its constitutive.

11. What are the legal effect of recognition of state

• It can enter into treaties with other states
• it can create diplomatic relations with other states
• it can become a member of United Nations of organization
• it can become entitled to sue in the court of recognizing a state
• It gets retrospective effect for his past legislative and executive act from any state

12. write down importance of state recognition in case of newly formed government

• Recognition of government means that the government is recognized and is entitled to

represent the state concerned and that is depending on facts and circumstances
• In the medium of government, a state participates in the benefits of international law
largely
• to recognize the government, Recognizing the state is important.

13. write down importance of state recognition, essential conditions, effect in case of
belligerency/ short note on recognition of belligerency
• RECOGNITION OF BELLIGERENCY
➢ When insurgent are well organized, conduct hostilities according to laws of war and have a
definite territory under their control, they're known as belligerency. Whether or not the parent
state has recognized that status.
➢ Belligerency exists when a portion of the state's population and territory is under DeFacto
control the insurgents to establish separate state or to overthrow the existing government.
• ESSENTIAL CONDITIONS
➢ Armed conflict is of general character
➢ insurgents occupy and administer considerable portion of national territory
➢ Conduct hostilities through armed force under responsible authority and in accordance with rule
of law
➢ hostilities of such magnitude that foreign state may find it necessary to defend their attitude
towards Belligerents and govt
• EFFECTS
➢ From the date on which the recognition of belligerency is accorded international law rules
governing the conduct of hostilities apply
➢ Conflict is internationalized and they get some rights under international law
➢ relation between the recognized belligerent authorities established government and recognizing
state are governed by international law rather than municipal law
 14. what are the differences between De-facto and De-jury recognition
De facto De jury
It is temporary recognition Permanent recognition
primary step is to grant jury recognition can directly be granted with a DeFacto
recognition
Can be easily revoked cannot be revoked
cannot enjoy diplomatic immunity Can enjoy diplomatic immunity
has only few rights and obligation against other absolute right and obligation against the other
states state

can be either conditional and non-conditional final and non-conditional

15. Short note on De-facto and De-jury recognition

➢ De-facto
• De facto recognition means that the state recognized possesses the essential element of
statehood and is fit to be a subject of international law.
• This mode of recognition is granted when a new state holds a sufficient territory or control over
a particular territory but the other existing state consider that they don't have enough stability
or any other unsettled issue we can take it as a test of control for newly formed state.
➢ De- jury
• De jury recognition is permanent recognition. it is given when a new state had achieved all the
attributes of statehood and is stable by this new state can enjoy all the right duties and
obligation under international law.
• He can stablish diplomatic relationship. it is final and irrevocable it cannot be withdrawn new
born states grant the permanent status as sovereign state through this recognition.

16. Recognition always has retrospective effect. discuss with reference to leading case
• After state is recognized, its acts done prior to recognition are also recognized.
• this rule is based on policy of the states rather than on any jurist logic when a state recognizes
another state it often recognizes the past act of such a state with a new view to establish
friendly relations with such a state the de jury and de fecto recognition has retroactive effect
but de fecto has also prospective effect.

17. Short note on recognition, essential conditions & effect of insurgency? / Under what
conditions and circumstances maybe the insurgency recognized? what are the effects of such
recognition
• RECOGNITION OF INSURGENCY
➢ In surgency presuppose a civil war or political revolt in a state
➢ insurgency is used to donate the condition of political revolt in a country where the rebels have
not attained the character of belligerents
• ESSENTIAL CONDITIONS
➢ Control over a considerable part of the territory
➢ Considerable support to the insurgents from the majority of the people living in the territory
➢ Insurgents should have the capacity and will to carry out the international obligation.
• EFFECTS
➢ Insurgent are not treated as pirates
➢ Rebel not treated as public enemy
➢ International war rules become applicable to them

18. What is state responsibility

➢ State responsibility is occurred when one state commits an internationally wrongful act against
another.
➢ The elements of the state responsibility are
a. The state must be under a legal obligation not to commit the act.
b. The state must commit the act or omission. There must be violence through action or omission.
c. The act must cause injury to another entity.

19. what is the nature of state responsibility? /

➢ Is it civil or criminal or other nature under the general principles for the draft on state
responsibility adopted by international law commission are article 1,2,3.
a. Article1: every internationally wrongful act of a state entails the international responsibility of
that state.
b. Article2: there is an internationally wrongful act of a state when a conduct consisting of an
action or omission.
c. Article3: the characterization of an act of a state as internationally wrongful is governed by
international law. such characterization is not affected by the characterization of the same act
as lawful by international law.
d. In case of civil nature: state responsibility can only be civil nature, not criminal nature because a
state is considered responsible only for the wrongful acts, which contribute delicts it cannot be
punished but it shall be responsible for the payment of compensation for the damages.
e. State responsibility for international crimes is not clear. the law of state responsibility is still in
evolution and may possibly advance to the stage where individuals are also fixed with the
responsibility for breaches of international law which are international crimes. while some state
that criminal ability of the states holds no legal value, others are of the view that there has been
whirlwind change in the attitude of state against international crimes, and that space could be
held responsible for such acts. examples of international crimes include slavery, colonial,
aggression etc. so in case of nature, page responsibility can be civil or criminal or both.

20. mention the defenses which are applicable against state responsibility
Article 29-35 of the 1980 of the draft articles on state responsibility submitted by international
law commission deal with the defense to state responsibility. They are as follows:
• Section 29- consent
If a state gives consent to such an act of some other state as in not in conformity with
the obligation of other state to it, then the state giving such consent will not be entitled
to claim that the said act is wrongful

• Section 30- counter measures in respect of an internationally wrongful act

 Wrongful act of some other state as in not in conformity with the obligation of a state
towards another precluded if the act constitutes a measure legitimate under
international law against the other state, in consequence of her internationally wrongful
act of other state

• Section 31- force majeure and fortuitous event

The wrongfulness of an act of a State not in conformity with an international obligation
of that State is precluded if the act is due to force majeure, that is the occurrence of an
irresistible force or of an unforeseen event, beyond the control of the State, making it
materially impossible in the circumstances to perform the obligation.

• Section 32- distress

he wrongfulness of an act of a State not in conformity with an international obligation of
that State is precluded if the author of the act in question has no other reasonable way,
in a situation of distress, of saving the author’s life or the lives of other persons
entrusted to the author’s care
.
• Section 33- state of necessity
1. Necessity may not be invoked by a State as a ground for precluding the wrongfulness
of an act not in conformity with an international obligation of that State unless the act:
(a) is the only way for the State to safeguard an essential interest against a grave and
imminent peril;

(b) does not seriously impair an essential interest of the State or States towards which
the obligation exists, or of the international community as a whole.

2. In any case, necessity may not be invoked by a State as a ground for precluding
wrongfulness if:

(a) the international obligation in question excludes the possibility of invoking necessity;
or

(b) the State has contributed to the situation of necessity

• Section 34- self defense

The wrongfulness of an act of a State not in conformity with an international obligation
of that State is precluded if the act constitutes a lawful measure of self-defense taken in
conformity with the charter of UN.

21. Explain fault theory and risk theory? / Discuss the state responsibility according to fault theory
and risk theory with reference to relevant case ref
• Fault theory take the element of intention to account and says that responsible only if
the act is committed internationally or negligence
Case reference: home missionary society claims UK vs USA 1920
 • The risk theory says that a state is strictly liable or responsible if a state officially or
organ commits a wrongful act
Case reference: Neer claims Mexico versus USA 1926

22. how far does a state become responsible for the injury to aliens for private individuals and
mob violence
Aliens living in the state should be conferred upon the same rights which are given to the
citizens it is the responsibility of the state to protect rights of the aliens in the same way they
protect their rights of the citizen
• state responsibility for the act of individuals
➢ if a citizen of a state causes damage or harm to Alien, then that million gets the
rights to file a suit for the compensation according to the law of the state.
➢ in case the decision of the state tribunal is arbitrary and against the justice the
Indian can approach his home court and settled the matter through political
means to ensure that the matter is decided in accordance with the principle of
international law
• they responsibility for the act of mob violence
➢ the state may be held responsible to the aliens by mob violence only when it
has not made due diligence to prevent it
➢ this is an uncertain and ambiguous principle, create a no responsibly at all in
respect of mob violence
➢ but if the alien person is an officer of a foreign country, then the state
responsibility is increased

23. How does a state impute international delinquency upon other state for breach of
international obligation/ Discuss how responsibility of international delinquency is imputable
upon a state
• International delinquency is any injury to another state committed by the govt. Of a state in
violation of a legal duty. Every neglect of international duty is an international delinquency. The
injured state can subject to its obligations of pacific settlement through reprisals or even war
compel the delinquent state to fulfill their international duties
• Notion of imputability:
i. Conduct of a state organ breach of and obligation defined in a rule of international law, the
breach will be attributed to the state becomes internationally responsible for the delinquency
ii. If the authorized entities exceed their instructions, the state shall be held liable if they are acting
under apparent authority
iii. If the authorized entities disobey the instructions, the state shall be held liable if they are acting
under apparent authority. Responsibility only arises when the act or omission complained of is
imputable to state

24. Short note on international delinquency

• International delinquency is any injury to another state committed by the govt. Of a state in
violation of a legal duty.
 • Every neglect of international duty is an international delinquency. The injured state can subject
to its obligations of pacific settlement through reprisals or even war compel the delinquent state
to fulfill their international duties

25. What do you mean by state jurisdiction/ Define the term state jurisdiction
• State jurisdiction is the power of a state under international law to governs person and property
by its municipal law it's include both the power to pre scribe rule and enforce them in that
territorial limit;
• Types of state jurisdiction:
There are four types of state jurisdiction:
➢ territorial state jurisdiction
i. Territorial jurisdiction is derived from state sovereignty and constitute survival features
ii. It is the authority of the state over personal property and events which are primarily within its
territory
iii. State authority has the power to prescribe enforce and adjudicate the role of law
iv. That territorial jurisdiction of the state extend over to its
a. Land
b. National airs peace
c. Internal water
d. Territorial sea
e. National aircraft
f. National vessel
g. Flag ship
v. it does not only encompass the crime committed on its territory but also the crimes that have
effects with in its territory
vi. In such a case concurrent jurisdiction occurs it's based on the theory that incident occurring in
or Persons residing with in the territory of the state are subject to its laws

➢ Personal state jurisdiction

i. Personal jurisdiction based on the fact that a state has the right to extend the application of its
law to its nationals even with respect to events occurring entirely abord
ii. A country asserts personal jurisdiction over the conduct of its citizens anywhere in the world
iii. It may be referred in two principles
a. Active nationality principal
A country asserts jurisdiction over the acts committed by its citizens anywhere in the world
b. Passive nationality principle
A country asserts jurisdiction over the act committed against its citizens anywhere in the world

➢ Protective state jurisdiction

i. A country asserts jurisdiction over issues that affect its interest such as conspiracies to
overthrow its government or resources critical to economy like war crimes etc. under which is
the states are allowed to punish foreign national by estate the safety or public order which has
been Cooper buy acts committed by person outside its territory
ii. case reference: lord howe howe case, Joyce vs director of public prosecutor (1945)
 ➢ Universal state jurisdiction
i. Universality principal, in its broad sense, implies that is state can claim jurisdiction over certain
crimes committed by any person anywhere in the world without any required connection to
territory nationality or special state interest.
ii. international crimes are those crimes committed against the international community as a
whole or in violation of international law and punishable under it, such as war crimes, crimes
against peace and crimes against humanity.

26. Exception of exercise of jurisdiction

➢ A state may not be able to exercise jurisdiction in respect of the
a. Foreign sovereigns
b. foreign diplomatic
c. foreign armed force members
d. foreign warships
e. international organization.

27. A crew member of a ship of state X killed another crew member while the ship was within the
12 nautical miles of state Y. The victim and accused was the national of state M and N
respectively. Which state can claim jurisdiction over the incident and what is the basis of the
claim
28. An employee office super shop killed another employee of the same business entity which is
situated in X state. Both of the employees are the citizens of Y state. Which state can claim
jurisdiction Over the incidents and what is the basis of claim?
29. Two nations of state D meet in the state of H and decide to plant an explosive device on a
commercial aircraft belonging to an airline registered in state M. Where devices planted in
state F, explodes over state B, killing All those on board, The majority of whom are nationals
of state M. Which states have jurisdiction and according to what principles under
international law?
30. A genocide was committed against a religious group of people in state M By its own armed
forces. which state has jurisdiction we take action against this genocide?
31. A terrorist attack happened in the restaurant of state B where 40 people were killed. among
these victims there were citizens of state B,I,S,R. Which state has jurisdiction to conduct the
trial
32. What is meant by international wrongful act and international crime? / What are the various
forms of reparation for internationally wrongful act in case of state responsibility