1.CODIFICATION?

ANS.Codification in public international law refers to the process of systematically organizing

and consolidating rules and principles of international law into written instruments or treaties.
The aim is to clarify and standardize legal norms to facilitate their application and interpretation.
Here are detailed points on codification in public international law:
Definition: Codification involves the systematic arrangement of existing rules and principles of
international law into a comprehensive and organized structure. It is often done through the
creation of treaties, conventions, or other written instruments.
Sources of International Law: Codification typically addresses various sources of international
law, including treaties, customary international law, general principles of law recognized by
civilized nations, judicial decisions, and scholarly writings.
International Law Commission (ILC): The International Law Commission, established by the
United Nations General Assembly, plays a significant role in the codification process. It is
responsible for promoting the progressive development and codification of international law.
Drafting Conventions and Treaties: Codification often takes the form of drafting conventions
or treaties. These documents are negotiated and agreed upon by states, and they establish
legal norms that govern their behavior in specific areas.
Specialized Agencies and Organizations: Specialized international organizations and
agencies, such as the International Maritime Organization (IMO) or the World Health
Organization (WHO), may contribute to the codification process in their respective areas of
expertise.
Examples of Codification Efforts:
Vienna Convention on the Law of Treaties (1969): Codified rules on the formation,
interpretation, and termination of treaties.
United Nations Convention on the Law of the Sea (UNCLOS, 1982): Codified rules governing
the use of the world's oceans and seas.
Hague Conventions on Private International Law: Address issues such as jurisdiction,
recognition of judgments, and family law matters.
Customary International Law: Codification may also involve attempts to codify customary
international law, which consists of unwritten practices accepted as law. This process helps to
bring clarity and recognition to existing customary norms.
Principles of State Responsibility: The International Law Commission's work on the "Articles
on Responsibility of States for Internationally Wrongful Acts" is an example of codification
addressing the legal consequences of state actions.
Progressive Development: In addition to codification, the ILC is tasked with the progressive
development of international law. This involves identifying emerging norms and principles to fill
gaps in the existing legal framework.
Implementation and Acceptance: Successful codification requires states to implement and
accept the codified rules. This may involve incorporating them into domestic law or expressing
consent through ratification.
Reservations and Objections: States may make reservations or raise objections during the
codification process, highlighting areas where they cannot fully agree with proposed rules.
Negotiations aim to address these concerns.
Judicial Recognition: The codified rules gain authority through recognition by international
courts and tribunals, which apply and interpret them in resolving disputes between states or
other entities.
Codification in public international law is an ongoing process that reflects the dynamic nature of
international relations and the need for legal frameworks to address contemporary challenges.

2.FREEDOMS OF HIGH SEAS?

ANS. The freedom of the high seas is a fundamental principle in public international law that
governs the use of the world's oceans and seas. It is enshrined in various international
conventions and treaties, including the United Nations Convention on the Law of the Sea
(UNCLOS). Here are detailed points on the freedom of the high seas:
Definition: The freedom of the high seas refers to the principle that the high seas, which are
areas of the oceans beyond the national jurisdiction of any state, are open to all states and are
not subject to any exclusive sovereignty. States enjoy certain freedoms in these areas,
promoting international cooperation, navigation, and trade.
Basis in International Law: UNCLOS (1982): The primary international legal instrument
addressing the freedom of the high seas is UNCLOS. Part VII of UNCLOS specifically deals with
the high seas, outlining the freedoms, rights, and duties of states in these areas.
Scope of High Seas:
The high seas encompass all parts of the ocean that are not included in the exclusive economic
zone (EEZ), territorial sea, or internal waters of any state.
The high seas are considered to be res communis, meaning they are the common heritage of all
humankind.
Freedoms of the High Seas (UNCLOS, Article 87):
Freedom of Navigation: All states enjoy the right of innocent passage through territorial seas
and archipelagic waters.
Freedom of Overflight: Aircraft enjoy the right of innocent passage over the territorial sea.
Freedom to Lay Submarine Cables and Pipelines: States have the right to lay and maintain
submarine cables and pipelines on the high seas.
Freedom to Construct Artificial Islands and Install Structures: States have the right to construct
artificial islands and install structures on the high seas.
Freedom of Fishing (UNCLOS, Article 87): All states have the freedom to fish on the high seas.
States are required to cooperate in the conservation and management of living marine
resources on the high seas.
Duties on the High Seas (UNCLOS, Article 88): States have a duty to adopt regulations to prevent
pollution of the marine environment in the high seas.States must cooperate in the conservation
and management of living marine resources on the high seas.
International Cooperation: The freedom of the high seas promotes international cooperation in
various areas, including navigation, scientific research, and environmental protection.
States are encouraged to coordinate their activities to ensure the sustainable use of resources
on the high seas.
Regulation and Conservation:
While the high seas are free for use, states are also obligated to adopt measures to prevent
overfishing and protect the marine environment.
Regional fisheries management organizations (RFMOs) are established to regulate and manage
fishing activities on the high seas in specific regions.
Challenges and Issues:
Illegal, unreported, and unregulated (IUU) fishing poses a significant challenge to the
conservation of marine resources on the high seas.
Environmental concerns, such as plastic pollution and climate change, also affect the high seas
and require international cooperation to address.
Enforcement and Dispute Resolution:
UNCLOS provides mechanisms for the peaceful settlement of disputes related to the
interpretation and application of its provisions, including those concerning the high seas.
States can bring disputes to the International Tribunal for the Law of the Sea (ITLOS) or submit
them to arbitration.
The freedom of the high seas is a foundational concept in international maritime law, balancing
the rights and interests of states to use the oceans for various purposes while emphasizing the
need for responsible and sustainable practices.

3.FIVE FREEDOMS OF AIR

ANS. First Freedom: The Right to Fly Over a Foreign Country (Overflight)
Definition: The first freedom allows an aircraft registered in one country the right to overfly the
territory of another country without landing. This principle is fundamental for establishing the
most direct and efficient air routes between two points.
Purpose: The primary purpose of the first freedom is to facilitate the expeditious flow of
international air traffic by enabling airlines to choose optimal flight paths. This freedom reduces
flight times, fuel consumption, and operational costs, promoting economic efficiency in air
transportation.
Operational Benefit: Airlines can plan more direct routes, avoiding unnecessary detours and
ensuring timely and cost-effective operations. This freedom is crucial for long-haul flights,
allowing carriers to optimize their global networks.
Example: A flight departing from City A in Country X and bound for City B in Country Y can
overfly the airspace of intermediate countries without the requirement to land, streamlining the
route.
Second Freedom: The Right to Land for Technical Stops (Technical Landing)
Definition: The second freedom grants an aircraft the right to land in a foreign country for
non-traffic purposes, such as refueling, maintenance, or crew rest. This allows airlines to
perform necessary operational activities without engaging in commercial operations.
Purpose: Technical stops under the second freedom provide airlines with flexibility in managing
their flight operations. The ability to land for refueling or maintenance ensures the reliability and
safety of aircraft during long-haul journeys.
Operational Benefit: Airlines can optimize fuel efficiency by planning routes with strategic
technical stops for refueling. This freedom is particularly relevant for aircraft on extended flights
where continuous operation may be impractical.
Example: An aircraft flying from Country X to Country Z may make a technical stop in Country Y
for refueling or maintenance purposes without disembarking passengers or cargo.
Third Freedom: The Right to Disembark Passengers or Cargo from the Home Country (Transit
Rights)
Definition: The third freedom grants an aircraft the right to land in a foreign country for the sole
purpose of discharging passengers or cargo that originated from the aircraft's home country.
Purpose: Transit rights under the third freedom enhance international air transport connectivity
by allowing airlines to pick up and drop off passengers or cargo in different countries during a
single flight.
Operational Benefit: Airlines gain operational flexibility, and passengers benefit from more
diverse travel options as carriers can serve multiple destinations during a single journey.
Example: A flight originating in Country X lands in Country Y to discharge passengers or cargo
that started their journey in Country X before proceeding to its final destination in Country Z.
Fourth Freedom: The Right to Embark Passengers or Cargo Bound for the Home Country
(Transit Rights)
Definition: The fourth freedom allows an aircraft to land in a foreign country to pick up
passengers or cargo destined for the aircraft's home country.
Purpose: This freedom is crucial for airlines to attract passengers or cargo from foreign
markets, contributing to the economic viability of international air routes.
Operational Benefit: By exercising the fourth freedom, airlines can tap into the demand for travel
or cargo transportation originating from the foreign country, expanding their revenue sources.
Example: A flight originating in Country X lands in Country Y to embark passengers or cargo that
will be transported to the home country, Country X.
Fifth Freedom: The Right to Carry Passengers or Cargo Between Two Foreign Countries (Beyond
Rights)
Definition: The fifth freedom grants an aircraft the right to carry passengers or cargo between
two foreign countries during a flight that has originated or will continue to the home country of
the airline.
Purpose: Beyond rights provide airlines with the opportunity to serve markets between two
foreign countries, creating additional revenue streams and fostering healthy competition.
Operational Benefit: Airlines can optimize their routes and schedules to meet the demands of
passengers traveling between two foreign countries, enhancing their market presence.
Example: An airline from Country X operates a flight from Country A to Country C, with the
freedom to carry passengers or cargo between Countries B and C during the journey.
These Five Freedoms of the Air, established under the Chicago Convention, form the basis for
bilateral and multilateral air services agreements between nations, facilitating the growth of
international air travel and fostering cooperation in the global aviation industry.

4.LEAGUE OF NATIONS?
ANS.The League of Nations was an intergovernmental organization founded on January 10,
1920, following the end of World War I. It was established under the Treaty of Versailles and the
Covenant of the League of Nations, serving as a precursor to the United Nations. Here are
detailed points on the League of Nations in the context of public international law:
Formation and Background:
Treaty of Versailles (1919): The League of Nations was established as part of the Treaty of
Versailles, one of the peace treaties that ended World War I. The treaty aimed to promote peace
and prevent future conflicts.
Covenant of the League of Nations: The Covenant outlined the organizational structure and
principles of the League. It was incorporated into the Treaty of Versailles and served as the
constitution of the League.
Objectives and Principles:
Collective Security: The League of Nations aimed to promote collective security, where member
states would work together to prevent aggression and maintain peace.
Disarmament: The League sought to encourage disarmament among member states to reduce
the likelihood of conflict.
International Cooperation: The organization aimed to facilitate diplomatic negotiations and
promote cooperation in solving international disputes.
Membership and Structure:
Founding Members: The League initially had 42 founding members, including major Allied
powers from World War I. The United States, despite playing a significant role in the League's
conception, did not join.
Assembly and Council: The League had an Assembly, where all member states were
represented, and a Council, consisting of major powers (permanent members) and rotating
members. The Council had executive authority.
Secretariat: The League had a Secretariat responsible for administrative functions.
Functions and Activities:
Mandates: The League was given authority over territories and colonies previously controlled by
the defeated nations, with the goal of preparing these regions for self-government.
International Court of Justice (PCIJ): The League established the Permanent Court of
International Justice to settle legal disputes between states.
Health and Social Issues: The League addressed various non-military issues, including health
crises, refugees, and labor conditions.
Challenges and Failures:
Absence of Major Powers: The absence of the United States and later the withdrawal of Japan,
Italy, and Germany weakened the League, limiting its effectiveness.
Inability to Prevent Aggression: The League failed to prevent the aggressive actions of Italy in
Abyssinia (Ethiopia) in the 1930s and the expansionist policies of Germany and Japan.
Disarmament Issues: The League struggled to achieve significant disarmament agreements
among member states.
End of the League:
Outbreak of World War II: The League of Nations proved unable to prevent the outbreak of World
War II in 1939.
Dissolution (1946): The League officially dissolved on April 20, 1946, and its assets and
responsibilities were transferred to the newly established United Nations.
Legacy and Contribution to International Law:
Precedent for the United Nations: The League laid the groundwork for the establishment of the
United Nations, which was founded in 1945 with a renewed commitment to international
cooperation and collective security.
International Court of Justice: The Permanent Court of International Justice, which was part of
the League, was replaced by the International Court of Justice (ICJ), which continues to function
as the principal judicial organ of the United Nations.
Lessons Learned: The League's shortcomings provided valuable lessons for subsequent
international organizations, emphasizing the importance of robust collective security
mechanisms and the participation of major powers.
While the League of Nations had limitations and faced significant challenges, it played a crucial
role in shaping the development of international law and provided valuable insights that
influenced the structure and functions of the United Nations.

5.UNESCO?
ANS. UNESCO, or the United Nations Educational, Scientific and Cultural Organization, is a
specialized agency of the United Nations. It was established to promote international
collaboration in the fields of education, science, culture, and communication. Here are detailed
points on UNESCO in the context of public international law:
Establishment and Background:
Creation: UNESCO was established on November 16, 1945, following the end of World War II,
with the aim of building intellectual and moral solidarity among nations.
Constitution: The Constitution of UNESCO was adopted in London on November 16, 1945, and
entered into force on November 4, 1946.
Objectives and Principles:
Educational Development: UNESCO works to ensure inclusive and equitable quality education
and promotes lifelong learning opportunities for all.
Scientific Cooperation: It fosters international scientific cooperation in various fields, addressing
global challenges through research and innovation.
Cultural Heritage Preservation: UNESCO is dedicated to protecting cultural heritage, promoting
cultural diversity, and fostering the creative industries.
Freedom of Expression: The organization advocates for freedom of expression, media
development, and access to information as fundamental human rights.
Membership and Structure:
Membership: UNESCO has 193 member states and 11 associate members, as well as partners
in the non-governmental, intergovernmental, and private sector.
General Conference and Executive Board: The General Conference, composed of member
states, meets every two years to set policies and approve the budget. The Executive Board,
elected by the General Conference, oversees the implementation of decisions.
Secretariat: The Secretariat, headed by the Director-General, carries out the day-to-day work of
UNESCO.
Major Programs and Initiatives:
Education for Sustainable Development (ESD): UNESCO promotes education as a key driver for
sustainable development, emphasizing environmental awareness, cultural diversity, and social
cohesion.
Man and the Biosphere (MAB) Programme: MAB encourages the sustainable use of natural
resources and promotes biodiversity conservation.
World Heritage Sites: UNESCO designates and protects cultural and natural sites of outstanding
universal value, known as World Heritage Sites.
Information and Communication Technologies (ICT): UNESCO works to build inclusive
knowledge societies and bridge the digital divide.
Promotion of Freedom of Expression and Media Development:
UNESCO supports free, open, and pluralistic media environments, advocating for the safety of
journalists and freedom of information.
It works to enhance media literacy and promote the ethical use of information and
communication technologies.
International Legal Instruments:
UNESCO has been involved in the development of various international legal instruments,
including conventions and recommendations related to education, cultural heritage, and
communication.
Examples include the Convention against Discrimination in Education, the Convention on the
Protection of the Underwater Cultural Heritage, and the Convention on the Means of Prohibiting
and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property.
Global Citizenship Education:
UNESCO promotes global citizenship education to foster understanding, tolerance, and peace
among nations, emphasizing the interconnectedness of the world.
This involves addressing issues such as human rights, sustainable development, and
intercultural dialogue.
Challenges and Criticisms:
UNESCO has faced challenges related to funding, political influences, and tensions among
member states.
Withdrawals of member states, such as the United States and Israel in the past, have highlighted
geopolitical tensions affecting the organization.
UNESCO and Sustainable Development Goals (SDGs):
UNESCO actively contributes to the achievement of various SDGs, particularly those related to
education, gender equality, clean water and sanitation, and cultural preservation.
The organization aligns its programs with the broader UN 2030 Agenda for Sustainable
Development.
International Partnerships:
UNESCO collaborates with various international partners, including other UN agencies,
non-governmental organizations, and the private sector, to achieve its objectives.
These partnerships enhance the effectiveness and impact of UNESCO's work on a global scale.
In conclusion, UNESCO operates within the framework of public international law to promote
cooperation in education, science, culture, and communication. Its diverse programs and
initiatives contribute to the well-being of societies and the advancement of humanity, aligning
with broader international efforts for sustainable development and the protection of shared
global heritage.

6.DEFINITION OF OUTER SPACE?

ANS. The definition of outer space is a complex concept that involves both scientific and legal
considerations. In scientific terms, outer space refers to the vast, seemingly infinite expanse
that exists beyond Earth's atmosphere. In legal terms, defining outer space becomes crucial for
determining the jurisdiction and rules that apply to activities conducted beyond our planet.
Here's a detailed exploration of the definition of outer space:
Scientific Definition:
Boundary: Outer space begins where Earth's atmosphere ends. The boundary between Earth's
atmosphere and outer space is not precisely defined, but the Kármán line is a commonly used
reference. The Kármán line is located at an altitude of 100 kilometers (62 miles) above sea level.
At this altitude, the atmosphere is extremely thin, and the conditions resemble those of space.
Vacuum and Microgravity: Beyond the Kármán line, outer space is characterized by a
near-perfect vacuum, meaning an absence of air and atmospheric pressure. Additionally, the
force of gravity is weaker, resulting in conditions of microgravity.
Celestial Bodies: Outer space contains celestial bodies such as stars, planets, moons, asteroids,
comets, and other cosmic entities. The vast distances and vacuum of space contribute to the
unique environment found in outer space.
Legal and Regulatory Definition:
Treaties and Agreements: International law plays a crucial role in defining outer space, as it
establishes the legal framework for activities conducted beyond Earth. Key treaties include the
Outer Space Treaty (OST) and subsequent agreements.
Outer Space Treaty (OST, 1967): The OST is a foundational document that outlines the principles
governing the exploration and use of outer space. It defines outer space as "the province of all
mankind" and prohibits the national appropriation of celestial bodies by any means.
Freedom of Outer Space: The Outer Space Treaty emphasizes that outer space is free for
exploration and use by all states, and no state can claim sovereignty over any part of outer
space. It promotes the peaceful use of outer space and prohibits the placement of nuclear
weapons or military bases in space.
International Telecommunication Union (ITU): The ITU allocates specific frequency bands for
radio communication and broadcasting in outer space, ensuring coordination and preventing
interference among satellites and space-based communication systems.
Liability for Space Activities: Legal definitions of outer space also consider liability issues for
space activities. States are responsible for national space activities, whether conducted by
governmental or non-governmental entities.
Contemporary Challenges and Evolving Definitions:
Commercial Space Activities: The growing involvement of private companies in space
exploration and commercial activities has raised questions about the application of existing
legal frameworks and the need for updated regulations.
Space Tourism: The emergence of space tourism introduces new challenges, including the
definition of when an individual is considered to have entered outer space and the
responsibilities of private entities operating in this domain.
Resource Utilization: As discussions about the potential mining of celestial bodies for resources
progress, legal definitions of outer space need to address issues related to property rights and
the equitable distribution of benefits.
In summary, the definition of outer space involves both scientific parameters related to Earth's
atmosphere and the legal principles established by international agreements. These definitions
are crucial for determining the rights, responsibilities, and regulations governing activities in
outer space, especially as space exploration continues to evolve and expand.

7.PACTA SUNT SERVANDA?

ANS. "Pacta sunt servanda" is a Latin phrase that translates to "agreements must be kept" in
English. It is a fundamental principle in public international law that underscores the importance
of respecting and honoring international agreements and treaties. This principle reflects the
general expectation that parties to a treaty are bound to fulfill their treaty obligations in good
faith. Here are detailed points on "pacta sunt servanda" in public international law:
Foundational Principle: "Pacta sunt servanda" is considered a cornerstone principle of public
international law, emphasizing the sanctity of agreements between states.
Obligation to Perform: States that enter into a treaty voluntarily assume an obligation to perform
the treaty's provisions in accordance with their terms.
Good Faith Requirement: The principle requires states to act in good faith when executing their
treaty obligations. This means that parties should not evade the spirit of the treaty or engage in
actions that would defeat the treaty's purpose.
Vienna Convention on the Law of Treaties (VCLT): The VCLT, adopted in 1969, is a key
international treaty that codifies many principles of treaty law, including "pacta sunt servanda."
Article 26 of the VCLT explicitly states that "Every treaty in force is binding upon the parties to it
and must be performed by them in good faith."
Limitations on Performance: While the principle upholds the binding nature of treaties, it
recognizes that there may be circumstances where a state may be excused from performance
due to a fundamental change in circumstances (rebus sic stantibus) or because of a breach by
the other party.
Peremptory Norms (Jus Cogens): "Pacta sunt servanda" is subject to peremptory norms of
international law (jus cogens), which are fundamental principles considered non-derogable. No
treaty can be in violation of jus cogens norms.
Customary International Law:The principle is widely recognized as customary international law,
reflecting the general practice of states and their belief that treaty obligations should be
honored.
Enforcement and Dispute Resolution: Disputes arising from the violation of "pacta sunt
servanda" may be brought before international courts or tribunals. The International Court of
Justice (ICJ) is a principal judicial organ where states can seek resolution of such disputes.
State Responsibility: Breach of the principle may lead to state responsibility, where the violating
state may be held accountable for the consequences of its actions. This could include
compensation for damages or other remedies.
Presumption of Validity: Treaties are presumed to be valid and binding until proven otherwise.
The burden of proof typically rests on the party challenging the validity or performance of a
treaty.
Stability and Predictability:"Pacta sunt servanda" contributes to the stability and predictability of
international relations by fostering a climate of trust among states. This is crucial for the
development of peaceful and cooperative international interactions.

In summary, "pacta sunt servanda" underscores the principle that states should honor their
treaty commitments, contributing to the stability and effectiveness of the international legal
order. It is a core element in the architecture of public international law, reflecting the shared
expectations of the international community regarding the observance of treaty obligations.

8.TREATIES?
ANS.Treaties play a crucial role in public international law, serving as formal agreements
between sovereign states or international entities. They are a primary means by which states
establish legal relationships, define their rights and obligations, and regulate various aspects of
their interactions. Here are detailed points on treaties in the context of public international law:
Definition and Characteristics:
Definition: A treaty is a formal, written agreement between two or more sovereign states or
international entities, governed by international law.
Binding Nature: Treaties are binding on the parties involved, creating legal obligations that must
be fulfilled in good faith.
Consent: The parties to a treaty must willingly and voluntarily consent to its terms. Consent is a
fundamental element of treaty-making.
Subjects of Treaties: States are the primary subjects of treaties, but international organizations
and, in certain cases, non-state entities, may also be parties.
Sources of International Law:
Primary Source: Treaties are recognized as one of the primary sources of international law,
alongside customary international law and general principles of law.
Vienna Convention on the Law of Treaties (VCLT): The VCLT, adopted in 1969, is a
comprehensive treaty that codifies many rules and principles related to the formation,
interpretation, and termination of treaties.
Formation and Conclusion of Treaties:
Negotiation and Drafting: The process begins with negotiations, during which the parties agree
on the terms of the treaty. Drafting follows, and the text is carefully reviewed.
Consent to Be Bound: States express their consent to be bound by the treaty through signature,
ratification, or accession, depending on their national legal procedures.
Entry into Force: A treaty enters into force once the required number of parties has expressed
their consent. The date and conditions for entry into force are usually specified in the treaty.
Key Elements of Treaties:
Preamble: Introduces the context and purpose of the treaty.
Operative Clauses: Contain the substantive provisions and obligations the parties agree to.
Reservations: Some treaties allow parties to make reservations, which are unilateral statements
modifying the treaty's application to that particular state.
Annexes and Protocols: Additional documents that may be integral to the treaty.
Interpretation and Amendment:
Interpretation: The VCLT provides principles for the interpretation of treaties, emphasizing the
ordinary meaning of terms, context, and the object and purpose of the treaty.
Amendment: Treaties may include provisions for amendment, specifying the process and
requirements for modifying the treaty.
Performance and Implementation:
Implementation into National Law: States often need to adapt their domestic legal systems to
comply with treaty obligations. This process is known as incorporation or implementation.
Monitoring and Compliance: Some treaties establish mechanisms for monitoring and ensuring
compliance, including reporting requirements and dispute resolution mechanisms.
Reservation and Objections:
Reservations: A reservation is a unilateral statement by a state when signing, ratifying, or
acceding to a treaty, expressing the state's intention not to be bound by a particular provision.
Objections: Other parties may object to reservations if they believe they are incompatible with
the object and purpose of the treaty.
Termination and Withdrawal:
Termination: Treaties may be terminated in accordance with their provisions, by mutual consent,
or due to a fundamental change in circumstances.
Withdrawal: Some treaties allow parties to withdraw from the treaty under specific conditions,
typically after giving notice within a specified period.
Invalidity and Grounds for Invalidity:
Grounds for Invalidity: A treaty may be considered invalid if there is a fundamental breach of a
rule of international law, coercion, fraud, corruption, or a conflict with a peremptory norm (jus
cogens).
Effects of Invalidity: An invalid treaty may not create legal obligations, or it may be voidable at
the request of an injured party.
Role of International Organizations:
Participation by International Organizations: International organizations can be parties to
treaties if their member states authorize them to do so.
Multilateral Treaties: Many treaties involve multiple states and international organizations,
reflecting the increasingly interconnected nature of international relations.
Dispute Resolution:
International Court of Justice (ICJ): The ICJ may have jurisdiction over disputes arising from the
interpretation or application of treaties, provided the states involved have accepted its
jurisdiction.
Arbitration and Mediation: Parties to a treaty may choose alternative dispute resolution
mechanisms, such as arbitration or mediation.
Examples of Treaties:
United Nations Charter (1945): The foundational document of the United Nations, establishing
the legal framework for international cooperation and security.
Paris Agreement (2015): A treaty within the United Nations Framework Convention on Climate
Change (UNFCCC) aimed at addressing climate change.
Vienna Convention on Diplomatic Relations (1961): Regulates diplomatic relations between
states.
Treaties are dynamic instruments that evolve with changes in international relations. They are
essential tools for establishing norms, fostering cooperation, and resolving disputes among
states in the global community.

9.Definition of International Law

A.International Law:
International Law refers to a set of rules and principles that govern the relationships and
interactions between sovereign states and other international entities. It is a system of laws that
aims to regulate the conduct of nations in their dealings with each other, promoting order,
cooperation, and peaceful resolution of disputes on the global stage. International Law
encompasses a wide range of issues, including diplomatic relations, human rights,
environmental protection, trade agreements, and the use of force. It is derived from various
sources, such as treaties, customary practices, and general principles recognized by civilized
nations. The objective of International Law is to foster stability, justice, and mutual respect
among nations, fostering a framework for coexistence in the complex international arena

10.Difference between Protectorate and Vassal State

A.A Protectorate and a Vassal State are both forms of political relationships between two
sovereign entities, but they differ in their nature and dynamics.

Definition and Purpose:

Protectorate: A Protectorate is a political arrangement where a stronger state extends its
influence over a weaker state, often with the consent of the latter. The purpose is to provide
protection, guidance, and assistance to the weaker state while allowing it to retain a degree of
autonomy in its internal affairs.
Vassal State: A Vassal State, on the other hand, is a subordinate state that has pledged
allegiance and loyalty to a more powerful state, known as the suzerain. The vassal state
typically offers military or other support in exchange for protection and support from the
suzerain.
Autonomy and Control:
Protectorate: In a Protectorate, the weaker state usually maintains a greater degree of autonomy
in its internal affairs. It may have its government and legal system, but it often relies on the
protector for defense and foreign relations.
Vassal State: A Vassal State has less autonomy compared to a Protectorate. It is more directly
controlled by the suzerain, especially in matters of foreign policy, military actions, and
sometimes internal governance.
Consent and Relationship Dynamics:
Protectorate: The establishment of a Protectorate typically involves some level of mutual
agreement between the protector and the protected state. The weaker state willingly accepts
the protection and assistance provided by the stronger state.
Vassal State: The relationship between a suzerain and a vassal state often involves a formal
oath or agreement where the vassal pledges allegiance to the suzerain. The control exerted by
the suzerain can be more direct and unilateral.
Historical Context:
Protectorate: Protectorates were common during the era of colonialism, where European
powers established protectorates over territories in Africa and Asia.
Vassal State: The concept of vassalage has historical roots in feudal systems, where lords
pledged allegiance to higher-ranking lords or monarchs.

10.De Fucto Relognition

A.De Facto Recognition:
De facto recognition is a concept in international relations and law that refers to the practical
acknowledgment of the existence of a state or government, irrespective of its legal status or
formal diplomatic recognition. Unlike de jure recognition, which is the formal acknowledgment
of a state's legitimacy by other sovereign entities, de facto recognition is based on the actual
exercise of authority and control.
Principle:
De facto recognition emphasizes the practical realities on the ground rather than the legal or
formal aspects. It acknowledges the effective control and governance exercised by a particular
entity over a territory, even if it lacks legal recognition.
Criteria for De Facto Recognition:
Effective Control: De facto recognition often hinges on whether an entity effectively controls a
territory, maintains order, and exercises governance over its population.
Stability: The stability and durability of the entity's control contribute to de facto recognition, as
it reflects a certain level of legitimacy and permanence.
International Acceptance: While not formal diplomatic recognition, de facto recognition may
involve acceptance by other states or international actors in dealings and interactions.
11.Contiguous Zone
A.Contiguous Zone:
The contiguous zone is a maritime zone that extends beyond a state's territorial waters and
serves as a buffer between those waters and international waters. It is established under the
United Nations Convention on the Law of the Sea (UNCLOS) to allow coastal states some
degree of control and protection over specific activities near their coastlines.
Definition:
The contiguous zone typically extends up to 24 nautical miles (nm) from the baseline of a
coastal state. It is an area where the coastal state exercises limited control for the purpose of
preventing or punishing infringements on customs, fiscal, immigration, or sanitary laws within
its territory or territorial sea.
Authority and Control:
In the contiguous zone, a coastal state has the authority to take preventive measures and
enforce its laws in areas such as customs, taxation, immigration, and pollution control. This
allows the state to regulate and monitor activities that might impact its interests without
extending full sovereignty.
Activities in the Contiguous Zone:
Coastal states can exercise control in the contiguous zone to prevent and punish activities such
as smuggling, unauthorized fishing, and violations of environmental regulations. However, they
do not have the same level of regulatory power as they do within their territorial waters.
Relation to Territorial Waters:
The contiguous zone is distinct from a state's territorial waters, which typically extend up to 12
nautical miles. While the contiguous zone allows for some control, it does not grant the same
level of sovereignty as territorial waters.

12.North sea continental shelf case

A.North Sea Continental Shelf Case:
The North Sea Continental Shelf Case is a landmark legal dispute decided by the International
Court of Justice (ICJ) in 1969. It involved a maritime boundary dispute between the Federal
Republic of Germany and the Kingdom of Denmark over the delimitation of the continental shelf
in the North Sea.
Background:
The dispute arose due to conflicting claims regarding the delimitation of the continental shelf in
the North Sea. Both Germany and Denmark had conflicting views on where the maritime
boundary should be drawn, particularly concerning the exploration and exploitation of oil and
gas resources in the area.
Legal Principles:
The case was significant in establishing legal principles for the delimitation of the continental
shelf. The ICJ emphasized the concept of equitable principles, taking into account relevant
circumstances, to ensure a fair and just delimitation between the parties.
Equitable Principles:
The court considered factors such as the geographical configuration of the coasts, the presence
of islands, the natural prolongation of the land territory, and the economic and social needs of
the states involved. The decision aimed at achieving an equitable solution that balanced the
interests of both parties.
ICJ Decision:
In its judgment, the ICJ ruled in favor of Denmark, establishing a maritime boundary that took
into account equitable principles. The decision provided guidance on the application of
international law to maritime boundary disputes and set a precedent for subsequent cases
involving the delimitation of continental shelves.
Impact:
The North Sea Continental Shelf Case had a lasting impact on the development of international
maritime law. It highlighted the importance of considering equitable principles in resolving
disputes related to the use and exploitation of resources in shared maritime areas.

13.The outer space treaty

A.Outer Space Treaty:
The Outer Space Treaty, formally known as the Treaty on Principles Governing the Activities of
States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies,
is a foundational international agreement that governs the use and exploration of outer space.
The treaty was adopted by the United Nations General Assembly and opened for signature on
January 27, 1967, entering into force on October 10, 1967.
Principles and Objectives:
The Outer Space Treaty establishes fundamental principles and objectives for the peaceful and
responsible use of outer space. Its key elements include the prohibition of placing nuclear
weapons or any other weapons of mass destruction in orbit or on celestial bodies.
Prohibition of National Appropriation:
One of the central tenets of the treaty is the prohibition of any national appropriation of celestial
bodies. It states that outer space, including the Moon and other celestial bodies, is not subject
to national appropriation by any means, emphasizing that these are the province of all
humankind.
Peaceful Use of Outer Space:
The treaty emphasizes the exploration and use of outer space for peaceful purposes. States are
required to avoid harmful contamination of space and celestial bodies and to conduct activities
in the interest of all countries.
International Cooperation:
The Outer Space Treaty encourages international cooperation in outer space activities. It
promotes the sharing of scientific knowledge and benefits, and it calls for coordination and
consultation among nations to prevent the harmful interference of space activities.
Liability for National Space Activities:
States are held liable for national space activities, whether carried out by government or
non-governmental entities, to avoid harm to other states and their space objects.
Non-Weaponization of Outer Space:
The treaty prohibits the placement of weapons of mass destruction in orbit around Earth or on
celestial bodies, emphasizing the use of outer space for peaceful purposes.

14.Nuttebohm’s case
A.

15.Exclusive Economic Zone

A.Exclusive Economic Zone (EEZ):
The Exclusive Economic Zone (EEZ) is a maritime zone established by the United Nations
Convention on the Law of the Sea (UNCLOS) that grants coastal states sovereign rights over the
exploration and use of marine resources within a specific area adjacent to their territorial sea.
The EEZ is a concept designed to balance the interests of coastal states and the international
community in the use of ocean resources.
Definition and Limits:
The EEZ extends up to 200 nautical miles (nm) from the baselines of a coastal state. Within this
zone, the coastal state has exclusive rights to explore and exploit natural resources, including
fish, oil, and minerals.
Sovereign Rights:
While the coastal state holds sovereign rights in the EEZ, it is important to note that these rights
are exclusive but not absolute. Other states enjoy the freedom of navigation and overflight in the
EEZ, and they may also lay submarine cables and pipelines.
Resource Management:
Coastal states in the EEZ have the exclusive right to manage and harvest living and non-living
resources found in the waters, seabed, and subsoil. This includes fishing activities and the
extraction of oil, natural gas, and minerals.
Environmental Protection:
Coastal states are obligated to protect and preserve the marine environment within their EEZ.
This includes measures to prevent pollution and to ensure sustainable resource management.
International Cooperation:
UNCLOS encourages international cooperation in the management of shared fish stocks that
may migrate across different EEZs. Coastal states are required to work together to ensure the
conservation of these resources.
Dispute Resolution:
Disputes related to the delimitation of EEZ boundaries or the interpretation of rights and
obligations are subject to resolution through peaceful means, as outlined in UNCLOS. This may
involve negotiation, mediation, or arbitration.

16.State succession
A.State Succession:
State succession refers to the process by which one state takes over the rights, obligations, and
responsibilities of another state, either in whole or in part. This can occur due to various events
such as the dissolution of a state, secession, annexation, or any other significant change in its
political status. The legal framework for state succession is often governed by international law,
including treaties and customary practices.
Types of State Succession:
Universal Succession: In cases of universal succession, an existing state is replaced by a new
state, often due to significant political changes such as revolution or regime change. The new
state assumes all the rights and obligations of the predecessor state.
Partial Succession: Partial succession occurs when a new state is formed from the territory of
an existing state, leading to the division or separation of the territory. In such cases, the new
state inherits certain rights and obligations, while the original state may retain others.
Continuity of Treaties:
A crucial aspect of state succession is the continuity of treaties. The general principle is that the
successor state assumes the treaty obligations of the predecessor state, but this is subject to
the consent of the parties involved and may be influenced by the nature of the treaty.
Recognition by the International Community:
The recognition of state succession by the international community plays a significant role. The
acknowledgment of a new state or a successor state by other states and international
organizations is essential for its full participation in the international community.
Effect on Nationality and Citizenship:
State succession can have implications for the nationality and citizenship of individuals within
the affected territories. It may lead to changes in citizenship laws and the granting of citizenship
to residents of the successor state.
Responsibility for International Debts and Assets:
The issue of apportioning international debts and assets between the predecessor and
successor states is a complex aspect of state succession. Negotiations and agreements are
often required to determine the equitable distribution of financial responsibilities and assets.
Role of International Organizations:
International organizations may also be involved in the process of state succession. The
successor state may need to seek membership or recognition from relevant international
bodies, and negotiations may be required to determine its participation and contributions.

17.Chicago convention
A.The Chicago Convention refers to the Convention on International Civil Aviation, a
landmark treaty signed on December 7, 1944, in Chicago, United States. Also known as
the Chicago Convention, it established the framework for the regulation and
coordination of international air travel and formed the basis for the creation of the
International Civil Aviation Organization (ICAO).
Objective:
The primary objective of the Chicago Convention is to promote the safe and orderly
development of international civil aviation. It seeks to establish principles and rules to
facilitate the peaceful use of airspace and promote cooperation among nations in the
field of civil aviation.
Key Principles:
The convention sets forth key principles that govern international air navigation,
including the principle of sovereignty over a state's airspace, the freedom of the skies,
and the principle of non-discrimination in international air services.
Creation of ICAO:
The Chicago Convention led to the creation of the International Civil Aviation
Organization (ICAO) in 1947. ICAO is a specialized agency of the United Nations
responsible for setting international standards and regulations for aviation safety,
security, efficiency, and environmental protection.
Regulation of Air Navigation:
The convention establishes the legal framework for the regulation of air navigation,
including rules for the registration and identification of aircraft, licensing of personnel,
and procedures for air traffic services.
Air Transport Services:
It addresses the rights and responsibilities of states in the provision of air transport
services, promoting fair competition, and establishing principles for route rights, tariffs,
and other commercial aspects of international air travel.
Annexes to the Convention:
The Chicago Convention includes a series of annexes that contain specific standards
and recommended practices covering various aspects of civil aviation. These annexes
are periodically updated by ICAO to reflect advancements in technology and changes in
the industry.

18.Asylum
A.Definition:
Asylum is a form of international protection granted to individuals who can demonstrate a
well-founded fear of persecution in their home country. Persecution may come from the
government or non-state actors, and it often involves threats to life, freedom, or other
fundamental human rights.
International Legal Basis:
The right to seek asylum is recognized and protected under various international treaties,
including the 1951 United Nations Convention Relating to the Status of Refugees and its 1967
Protocol. These instruments define the rights of refugees and the obligations of states to
provide asylum.
Non-Refoulement Principle:
One of the fundamental principles underlying asylum is the principle of non-refoulement, which
prohibits the expulsion or return of individuals to a country where they may face persecution or
serious harm. This principle is enshrined in international law and is a cornerstone of refugee
protection.
Application Process:
To seek asylum, individuals typically must apply in the country where they arrive or where they
wish to seek refuge. The application process involves presenting evidence of a well-founded
fear of persecution and may include interviews with immigration officials or asylum officers.
Recognition and Status:
If granted asylum, individuals are recognized as refugees and are entitled to certain rights and
protections, including the right to work, access to education, and freedom from deportation. The
asylum status is generally granted for as long as the conditions leading to persecution in the
home country persist.
Challenges and Responsibilities:
Countries that grant asylum face challenges in managing the influx of asylum seekers and
ensuring fair and efficient asylum processes. The international community, through various
organizations and agreements, shares responsibilities in addressing the global refugee crisis
and supporting countries that provide asylum.

19.WHO
A.World Health Organization (WHO):
The World Health Organization (WHO) is a specialized agency of the United Nations responsible
for international public health. Established on April 7, 1948, its primary objective is to coordinate
and lead global efforts in promoting health, preventing diseases, and addressing health-related
challenges on a worldwide scale.
Mandate and Mission:
WHO's mandate is outlined in its constitution, emphasizing the attainment of the highest
possible level of health for all people. Its mission is to act as the directing and coordinating
authority on international health matters, shaping the health agenda, setting norms and
standards, providing technical assistance, and monitoring health trends globally.
Key Functions:
WHO performs a wide range of functions, including:
Setting international health standards and regulations.
Providing leadership on global health matters.
Monitoring and assessing health trends and situations worldwide.
Coordinating international responses to health emergencies.
Strengthening health systems in member states.
Conducting research and providing evidence-based policy guidance.
Structure:
WHO is structured with a Secretariat, headed by the Director-General, and governed by the World
Health Assembly (WHA), which is the organization's decision-making body. The Executive Board,
composed of members elected by the WHA, provides guidance to the Secretariat.
Global Health Priorities:
WHO addresses a broad spectrum of health issues, including infectious diseases (such as
HIV/AIDS, malaria, and COVID-19), non-communicable diseases (like heart disease and
diabetes), maternal and child health, nutrition, mental health, and environmental health.
Emergency Response:
WHO plays a crucial role in responding to health emergencies and pandemics. It provides
technical assistance, coordinates international efforts, and supports countries in building
preparedness and response capacities.
Collaboration and Partnerships:
WHO collaborates with other UN agencies, governments, non-governmental organizations, and
the private sector to achieve its goals. Partnerships are essential for leveraging resources,
sharing expertise, and fostering a coordinated approach to global health challenges.

20.Modes of acquiring state territory

A.Modes of Acquiring State Territory:
The acquisition of state territory involves various historical, legal, and diplomatic processes.
Different modes establish the basis for a state's claim to a particular piece of land. The primary
modes of acquiring state territory include:
Discovery and Occupation:
Historically, the discovery and subsequent occupation of previously uninhabited or unclaimed
territory by a state were recognized as a legitimate means of acquisition. This principle, often
associated with the age of exploration, emphasized the establishment of effective control and
governance over the newly discovered lands.
Conquest:
Acquisition through conquest involves the use of force to acquire territory from another state.
Historically, conquest was a common mode of territorial expansion. However, contemporary
international law discourages the acquisition of territory through aggression, emphasizing the
principle of the illegality of the use of force.
Cession:
Cession is a mode of territorial acquisition where one state voluntarily transfers sovereignty
over a territory to another state through a treaty or agreement. This can occur due to diplomatic
negotiations, the resolution of conflicts, or as a result of war settlements.
Prescription:
Prescription involves the acquisition of territory through prolonged and uncontested occupation.
If a state exercises sovereignty over a territory for an extended period without facing opposition,
it may acquire legal title through prescription. This concept is often associated with customary
international law.
Accretion:
Accretion refers to the gradual expansion of a state's territory through natural processes, such
as the deposition of soil or changes in river courses. When these natural changes occur over
time, the affected state may claim the newly formed land as part of its territory.
Treaty and Agreements:
States can acquire territory through bilateral or multilateral treaties and agreements. Such
treaties may delineate borders, resolve territorial disputes, or establish conditions for the
transfer of territory. International treaties are binding legal instruments that formalize the
consent of the involved parties.
21.Formation and termination of international treaties
A.Formation of International Treaties:
Negotiation:
The process of forming an international treaty typically begins with negotiation between
representatives of the involved states. These negotiations aim to reach a consensus on the
terms and provisions of the treaty.
Drafting:
Once the negotiations are successful, a formal written document, often called the treaty text or
draft, is prepared. This document outlines the rights, obligations, and commitments of the
parties involved.
Consent:
The consent of the states to be bound by the treaty is a fundamental requirement. States
express their consent through signatures, exchange of instruments of ratification, or other
agreed-upon methods. The manner of expressing consent is often specified in the treaty text.
Ratification:
After initial consent, some states may require internal approval processes, such as ratification
by their legislative bodies or heads of state. Ratification formalizes the state's commitment to
be bound by the treaty.
Entry into Force:
The treaty enters into force once the required number of states, as specified in the treaty text,
have expressed their consent and completed any necessary ratification processes. The entry
into force date is crucial as it marks the commencement of the treaty's legal obligations.
Termination of International Treaties:
Expiration of Terms:
Many treaties include provisions specifying their duration or the conditions under which they
expire. Once the stipulated time period elapses or the conditions are met, the treaty
automatically terminates.
Fulfillment of Objectives:
If the objectives outlined in the treaty have been achieved, the parties may decide to terminate
the treaty by mutual agreement. The accomplishment of the treaty's goals often serves as a
trigger for termination.
Breach and Withdrawal:
A state may withdraw from a treaty if there has been a material breach by another party. The
Vienna Convention on the Law of Treaties recognizes the possibility of withdrawal in cases of
fundamental change of circumstances, which was not foreseen by the parties.
Mutual Agreement:
States can terminate a treaty through mutual agreement. If all parties consent to terminate the
treaty, they can negotiate and sign an agreement specifying the termination date and any
transitional arrangements.
Unilateral Denunciation:
Some treaties allow for unilateral denunciation, permitting a state to withdraw from the treaty
after providing a specified notice period. The right to denounce a treaty is often subject to
specific conditions outlined in the treaty text.
Supersession:
When states negotiate a new treaty that covers the same subject matter as an existing one, and
the new treaty clearly indicates an intention to supersede or replace the old treaty, the latter may
be considered terminated.

22.Relationship between International Law and Municipal Law

A.Relationship between International Law and Municipal Law:
Hierarchy and Independence:
International Law: International law operates on the global stage and governs relations between
sovereign states. It is a system of rules and principles agreed upon by states through treaties,
customary practices, and general principles.
Municipal Law: Municipal law, also known as domestic or national law, pertains to the legal
system within a particular state and regulates the relationships between individuals and entities
within that state.
Dualist and Monist Approaches:
Dualist System: In states following the dualist approach, there is a clear separation between
international law and municipal law. International law is not automatically incorporated into
domestic law and requires legislative action for enforcement.
Monist System: In states following the monist approach, international law and municipal law are
considered part of a single legal system. International law automatically becomes part of
domestic law without the need for separate legislation.
Incorporation of International Law:
Treaty Implementation: In both dualist and monist systems, treaties are a common source of
international law. Dualist states need specific legislation to incorporate treaties into domestic
law, while monist states automatically apply treaties.
Customary International Law: Customary international law may be incorporated into municipal
law through recognition by domestic courts or legislative action.
Role of National Legislation:
Dualist System: In dualist systems, national legislation is crucial to give effect to international
legal obligations domestically. Without such legislation, international law may not have direct
applicability within the state.
Monist System: Monist states may not require separate legislation to apply international law
domestically, as it is considered an integral part of the legal system. National courts may
directly apply international norms.
Conflict Resolution:
Hierarchy of Norms: In cases of conflict between international law and municipal law, the
approach to resolution varies. Dualist systems often prioritize national law over inconsistent
international obligations, while monist systems may give precedence to the most recent norm.
Judicial Role: National courts play a significant role in resolving conflicts. Some legal systems
provide mechanisms for harmonizing conflicting norms, while others may require the resolution
through constitutional or legislative processes.
Impact of International Law on Municipal Law:
Human Rights and Transnational Issues: International law, particularly in the areas of human
rights and transnational issues, increasingly influences municipal law. Global standards and
principles often shape domestic legal developments.

23.Legal Regime of outer space

A.Legal Regime of Outer Space:
Outer Space Treaty (OST):
The cornerstone of the legal regime governing outer space is the Outer Space Treaty (OST),
which was adopted by the United Nations in 1967. The OST outlines fundamental principles for
the use and exploration of outer space. Key provisions include the prohibition of placing
weapons of mass destruction in orbit, the peaceful use of outer space, and the principle that
outer space is free for exploration by all states.
Moon Agreement:
The Moon Agreement, adopted in 1979, is another significant treaty. It aims to regulate activities
on the Moon and other celestial bodies, emphasizing that the Moon and its resources are the
common heritage of all humankind. However, as of my last knowledge update in January 2022,
the Moon Agreement has not been widely ratified, and major spacefaring nations, including the
United States and Russia, have not become parties to it.
Rescue and Return Agreement:
The Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of
Objects Launched into Outer Space, adopted in 1968, establishes the obligation for states to
rescue and provide assistance to astronauts in distress and to return space objects and
personnel safely to Earth.
Registration Convention:
The Registration Convention, adopted in 1974, requires states to register space objects
launched into Earth's orbit with the United Nations. This convention contributes to transparency
and the prevention of harmful interference with space activities.
Liability Convention:
The Liability Convention, adopted in 1972, establishes rules regarding liability for damage
caused by space objects to other states or their space objects. It holds the launching state
responsible for damages caused in outer space.
International Telecommunication Union (ITU):
While not a treaty specific to outer space, the ITU plays a role in coordinating the use of
frequencies and orbits for space communication. The Radio Regulations of the ITU address the
allocation of radio frequencies for space activities.
Commercial and National Space Legislation:
Beyond international treaties, individual states also enact national legislation to regulate their
space activities. Additionally, with the growth of commercial space activities, there is an
increasing focus on the development of domestic laws and regulations governing private space
companies.

24.Composition and jurisdiction of international Criminal Court

A.Composition of the International Criminal Court (ICC):
Judges:
The ICC is composed of 18 judges who serve in their individual capacity. They are elected by the
Assembly of States Parties (ASP) to the Rome Statute, which is the treaty that established the
ICC. Judges are chosen based on their qualifications, impartiality, and integrity, and they
represent a mix of legal systems and cultures.
Geographical Representation:
The judges are elected to ensure fair representation from various regions of the world. The
Rome Statute emphasizes the importance of a fair representation of both male and female
judges, as well as judges with different legal traditions.
Term of Office:
Judges are elected for a term of nine years and may be re-elected once. The terms are
staggered to ensure continuity and stability within the Court.
Presidency:
The ICC is presided over by a President who is elected by the judges from among themselves.
The President represents the Court externally, presides over the meetings of the ASP and the
Assembly of States Parties, and oversees the administration of the Court.
Chambers:
The judicial work of the ICC is organized into three divisions known as Chambers:
Pre-Trial Chamber: Deals with issues related to the initiation of investigations and the
confirmation of charges.
Trial Chamber: Conducts trials when charges are confirmed, ensuring fair trial procedures.
Appeals Chamber: Hears appeals on decisions and judgments made by the Trial Chamber.
Office of the Prosecutor:
The Prosecutor is an independent official who is responsible for investigating and prosecuting
crimes falling within the jurisdiction of the ICC. The Prosecutor is elected by the Assembly of
States Parties for a renewable term of nine years.
Jurisdiction of the International Criminal Court:
Subject Matter Jurisdiction:
The ICC has jurisdiction over four core international crimes:
Genocide
Crimes against humanity
War crimes
The crime of aggression (jurisdiction activated in 2018)
Territorial Jurisdiction:
The ICC's jurisdiction extends to crimes committed on the territory of a state party, regardless of
the nationality of the accused or the victims. It can also have jurisdiction when a non-state party
refers a situation to the Court or when the United Nations Security Council refers a situation.
Personal Jurisdiction:
The ICC can exercise jurisdiction over individuals, holding them criminally responsible for
committing the specified international crimes. It is not a court for states but rather for
individuals.
Complementarity:
The principle of complementarity ensures that the ICC's jurisdiction complements, rather than
replaces, national criminal jurisdictions. The ICC steps in when national systems are unwilling or
unable to genuinely prosecute individuals for the crimes within its jurisdiction.
Temporal Jurisdiction:
The ICC's jurisdiction is not retroactive, meaning it can only prosecute crimes committed after
the entry into force of the Rome Statute on July 1, 2002.

25.World Trade Organisation(WTO)

A.World Trade Organization (WTO):
Establishment and Purpose:
The World Trade Organization (WTO) was established on January 1, 1995, replacing the General
Agreement on Tariffs and Trade (GATT). The primary purpose of the WTO is to facilitate
international trade by providing a framework for negotiations, dispute resolution, and the
enforcement of rules governing global trade.
Membership:
The WTO has a membership of 164 countries as of my last knowledge update in January 2022.
Member countries, known as "Members" in WTO terminology, account for the majority of the
world's trade in goods and services.
Principles:
The WTO operates based on a set of principles that include non-discrimination, reciprocity, and
the promotion of fair and open trade. The most-favored-nation (MFN) principle ensures that any
advantage granted to one member is extended to all members, promoting equal treatment.
Multilateral Trading System:
The WTO provides a platform for negotiations to reduce trade barriers and establish rules
governing trade policies. These negotiations cover areas such as tariffs, subsidies, intellectual
property, and services. The aim is to create a more open and predictable international trading
system.
Dispute Settlement Mechanism:
The WTO has a robust dispute settlement mechanism designed to resolve trade disputes
among member countries. The Dispute Settlement Body (DSB) plays a central role in this
process, providing a forum for consultations and, if necessary, adjudication.
Trade Rounds:
WTO trade negotiations often occur in rounds. One of the most significant rounds was the
Uruguay Round (1986–1994), which led to the creation of the WTO. The Doha Development
Agenda (2001–2015) aimed to address issues such as agricultural subsidies and access to
essential medicines.
26.Partial Succession
A.Definition: Partial succession occurs when a new state emerges from a pre-existing state
(predecessor state) that still remains partially intact. This differs from universal succession,
where the predecessor state completely dissolves and its international rights and obligations
are entirely transferred to one or more successor states.
Characteristics of Partial Succession:
Continuity of Predecessor State: The predecessor state still exists, albeit with a smaller territory
and population.
Incomplete Transfer of Rights and Obligations: Only a portion of the predecessor state's
international rights and obligations are transferred to the successor state.
Treaties: Not all treaties automatically bind the successor state. Only those relevant to the
successor state's territory and population generally apply.
Debts: Division of the predecessor state's debts typically requires negotiation and
apportionment between the predecessor and successor states.
Territory: The successor state inherits specific territory from the predecessor, often delineated
through agreements or international arbitration.
Nationality: Individuals residing in the territory of the successor state may acquire its nationality,
while others may retain their previous nationality in the predecessor state.
Key Factors influencing Partial Succession:
Nature of Separation: Whether the separation occurred through peaceful secession, violent
conflict, or other means can impact the transfer of rights and obligations.
Agreement between States: Negotiations and treaties between the predecessor and successor
states play a crucial role in determining the specific terms of the succession.
Customary International Law: Principles and precedents established in international law guide
the process of partial succession, even in the absence of specific agreements.

27.De-Jue Recognition
A.Here are key points regarding de-jure recognition:
Criteria for Statehood:
De-jure recognition is typically based on adherence to the criteria of statehood, as outlined in
customary international law and the Montevideo Convention. These criteria include a defined
territory, a permanent population, a government, and the capacity to enter into relations with
other states.
Legal Status:
When a state grants de-jure recognition to another entity, it acknowledges that the recognized
entity possesses the legal attributes of statehood. This includes the right to territorial integrity,
the ability to enter into treaties, and participation in international organizations.
Diplomatic Relations:
De-jure recognition often results in the establishment of diplomatic relations between the
recognizing state and the recognized state. This involves the exchange of ambassadors, the
opening of embassies, and the conduct of official diplomatic activities.
International Organizations:
De-jure recognition is crucial for gaining membership in international organizations such as the
United Nations. Many international organizations require that an entity be recognized as a state
by a certain number of existing states before it can join.
Presumption of Legitimacy:
De-jure recognition implies a presumption of legitimacy and acceptance within the international
community. It signifies that the recognized entity's government is considered lawful and
competent to represent the state.
Non-Recognition and Dispute:
Conversely, the absence of de-jure recognition may indicate that a state or a significant portion
of the international community does not acknowledge the legitimacy of a particular entity as a
state. Disputes over statehood often involve questions of de-jure recognition.

28.Termination of Treaties
A.Termination of Treaties:
Expiration of Terms:
Many treaties include provisions specifying their duration or the conditions under which they
expire. Once the stipulated time period elapses or the conditions are met, the treaty
automatically terminates.
Fulfillment of Objectives:
If the objectives outlined in the treaty have been achieved, the parties may decide to terminate
the treaty by mutual agreement. The accomplishment of the treaty's goals often serves as a
trigger for termination.
Breach and Withdrawal:
A state may withdraw from a treaty if there has been a material breach by another party. The
Vienna Convention on the Law of Treaties recognizes the possibility of withdrawal in cases of
fundamental change of circumstances, which was not foreseen by the parties.
Mutual Agreement:
States can terminate a treaty through mutual agreement. If all parties consent to terminate the
treaty, they can negotiate and sign an agreement specifying the termination date and any
transitional arrangements.
Unilateral Denunciation:
Some treaties allow for unilateral denunciation, permitting a state to withdraw from the treaty
after providing a specified notice period. The right to denounce a treaty is often subject to
specific conditions outlined in the treaty text.
Supersession:
When states negotiate a new treaty that covers the same subject matter as an existing one, and
the new treaty clearly indicates an intention to supersede or replace the old treaty, the latter may
be considered terminated.
Treaty-specific Provisions:
Treaties themselves may contain specific provisions outlining the conditions and procedures for
termination. These provisions could include mechanisms for amendment, withdrawal, or
termination based on certain events or changes in circumstances.
Material Breach:
If one party commits a material breach of the treaty, the other party may have the right to invoke
the breach as a ground for termination. Material breaches typically involve a serious violation of
the treaty's terms.
Impossibility of Performance:
If performance of the treaty becomes impossible or radically different due to unforeseen
circumstances, the affected party may be excused from further performance, leading to the
termination of the treaty.

29.Prescription
A.Prescription in International Law:
Definition:
Prescription is a legal principle in international law that allows a state to acquire legal rights and
sovereignty over a territory through continuous and uncontested occupation over an extended
period. It is based on the idea that long-standing possession creates legal entitlement.
Customary International Law:
The principle of prescription is recognized as part of customary international law, reflecting the
general practice of states and the belief that long-term occupation can lead to the legitimate
acquisition of territorial rights.
Criteria for Prescription:
For prescription to be legally effective, certain criteria must be met. These criteria often include:
Continuous and Uninterrupted Possession: The occupying state must demonstrate continuous
and uninterrupted possession of the territory without significant challenges or interruptions.
Peaceful and Uncontested Occupation: The occupation must be peaceful, without opposition or
contestation by other states, and it must be carried out without violating the rights of the
original sovereign.
Time Requirement:
The duration of occupation required for prescription to apply is not strictly defined in
international law. However, it generally involves a significant period, often measured in decades
or even centuries. The idea is that a prolonged and uncontested occupation strengthens the
legal claim of the occupying state.
Recognition by Other States:
The recognition of the prescription by other states can further strengthen the legal position of
the occupying state. If other states acknowledge the territorial changes resulting from
prescription, it may contribute to the legitimacy of the acquisition.
Examples in History:
Historical examples of prescription include instances where states have occupied territories for
extended periods, and over time, the international community has come to accept the territorial
changes. However, each case is unique, and the acceptance of prescription depends on the
specific circumstances.
Limitations and Challenges:
Prescription is not without controversy and challenges. It may be subject to legal disputes,
especially if the original sovereign or other states contest the legitimacy of the prescription
claim. The principle is also subject to international norms, such as the prohibition of the use of
force or aggression.

30.Specific-Adoption Theory
A.Specific Adoption Theory, also known as the Transformation Theory, is a prominent theory in
the relationship between international law and municipal law. It primarily focuses on how
international law becomes binding within the domestic legal system of a state.
Key Features of Specific Adoption Theory:
Dualistic Approach: It adheres to the dualist view of international law and municipal law as
distinct legal systems.
Transformation Requirement: International law norms do not automatically become part of
domestic law. They must be expressly adopted or "transformed" into municipal law through
specific legislative or judicial acts.
Supremacy of Municipal Law: If there is a conflict between a rule of international law and a rule
of municipal law, the latter prevails within the national territory.
Methods of Transformation: Common methods include incorporation through treaties,
legislative enactment, and judicial decisions applying international law principles.
Arguments in Favor of Specific Adoption Theory:
Maintains Sovereignty: Ensures state control over the application of international law within its
territory.
Flexibility: Allows states to tailor the implementation of international law to their specific legal
framework and national interests.
Clarity: Provides certainty and predictability regarding the legal status and enforceability of
international norms within the domestic legal system.

31.Principles of the U.N

A.The United Nations (UN) is guided by a set of principles outlined in its Charter, which is the
foundational document of the organization. These principles reflect the collective aspirations of
the international community for maintaining international peace and security, promoting human
rights, and fostering cooperation among nations. Here are the key principles of the United
Nations:
Sovereign Equality:
All member states, large and small, have equal standing and sovereign rights within the UN. This
principle underscores the idea that no state should dominate others in the international arena.
Non-Intervention:
The UN Charter prohibits the interference in the domestic affairs of sovereign states. States are
expected to respect the political independence and territorial integrity of other states.
Peaceful Settlement of Disputes:
Member states are obligated to resolve their international disputes through peaceful means,
such as negotiation, mediation, arbitration, or judicial settlement. The use of force is generally
prohibited unless authorized by the UN Security Council.
Collective Security:
The UN is responsible for maintaining international peace and security through collective
security measures. The Security Council has the authority to take action, including the use of
force, to address threats to peace and acts of aggression.
Cooperation and Multilateralism:
The UN promotes international cooperation and multilateralism as essential for addressing
global challenges. Member states are encouraged to work together to achieve common goals
and tackle issues such as poverty, disease, and climate change.
Respect for Human Rights:
The UN is committed to promoting and protecting human rights for all. The Charter emphasizes
the dignity and worth of the human person and the equal rights of men and women. The UN has
various bodies and mechanisms dedicated to human rights, including the Human Rights
Council.
Rule of Law:
The UN upholds the principle of the rule of law in international relations. It emphasizes that
international disputes should be resolved in accordance with established legal norms and
procedures.
Social and Economic Development:
The UN is dedicated to promoting social and economic development and improving living
standards around the world. This includes addressing issues such as poverty, hunger, health,
education, and gender equality.
Good Faith:
Member states are expected to fulfill their obligations under the UN Charter in good faith. This
principle underscores the importance of honest and cooperative engagement among nations.
Self-Determination of Peoples:
The Charter recognizes the right of all peoples to self-determination, allowing them to freely
determine their political status and pursue their economic, social, and cultural development.

32.Duties of a Diplomatic Envoy

A.Diplomatic envoys, also known as diplomats, play a crucial role in representing their home
country's interests and facilitating communication between nations. The duties of a diplomatic
envoy are multifaceted and can vary depending on the specific role, the diplomatic mission, and
the prevailing circumstances. Here are some key duties and responsibilities of a diplomatic
envoy:
Representation:
Representing the sending country: The primary duty is to represent the interests of the sending
country in the host country. This includes conveying the official positions, policies, and
perspectives of the home government.
Negotiation and Diplomacy:
Engaging in diplomatic negotiations: Diplomats engage in negotiations with representatives of
the host country to address issues of mutual concern, resolve disputes, and advance the
interests of their own nation.
Communication:
Facilitating communication: Diplomats serve as intermediaries between the sending and host
countries. They convey official messages, instructions, and information, fostering understanding
and cooperation.
Protocol and Etiquette:
Observing diplomatic protocol: Envoys adhere to established diplomatic protocols and
etiquettes, ensuring that interactions with officials, dignitaries, and the host government are
conducted with the appropriate level of formality and respect.
Cultural Understanding:
Promoting cultural understanding: Diplomats work to build bridges between cultures by
promoting cultural exchange, understanding, and appreciation. They participate in cultural
events and activities to foster goodwill.
Consular Services:
Providing consular services: Diplomats often have consular responsibilities, including assisting
citizens of the sending country who are living or traveling in the host country. This may involve
providing assistance in emergencies, issuing visas, and facilitating legal matters.
Reporting and Analysis:
Reporting to the home government: Diplomats regularly report on political, economic, and social
developments in the host country. These reports help the home government make informed
decisions about foreign policy.
Conflict Resolution:
Contributing to conflict resolution: Diplomats may be involved in diplomatic efforts to prevent or
resolve conflicts. This involves engaging in dialogue, mediation, and negotiation to find peaceful
solutions.
Promoting Trade and Economic Relations:
Enhancing economic ties: Diplomats work to promote trade and economic relations between
their home country and the host country. They facilitate business interactions, promote
investments, and explore opportunities for economic cooperation.
Security and Protection:
Ensuring the safety of nationals: Diplomats have a duty to ensure the safety and security of their
country's nationals in the host country. They may coordinate with local authorities and take
measures to protect citizens during emergencies.
Advocacy for International Agreements:
Advocating for international agreements: Diplomats play a role in advocating for their country's
positions in international organizations and forums. They work to build consensus on global
issues and contribute to the development of international agreements.

33.Extraterritorial Asylum
A.Extraterritorial asylum refers to the granting of asylum or protection to individuals outside the
territory of the granting country. This concept involves providing refuge or protection to
individuals who are not physically present within the borders of the country offering asylum.
Extraterritorial asylum may be exercised for various reasons, often in response to humanitarian
concerns or international obligations. Here are some key points related to extraterritorial
asylum:
Reasons for Extraterritorial Asylum:
Humanitarian Crises: Countries may offer extraterritorial asylum to individuals fleeing
humanitarian crises, such as armed conflicts, persecution, or natural disasters.
International Obligations: Some countries extend asylum to individuals outside their borders to
fulfill international obligations, particularly if they are signatories to relevant treaties and
conventions.
Consular Asylum:
Consular asylum is a specific form of extraterritorial asylum where a foreign national seeks
refuge in a diplomatic or consular office of a foreign country located in the host country. The
host country may or may not grant permission for the individual to enter the diplomatic
premises.
Refugee Camps and Processing Centers:
Countries may establish refugee camps or processing centers in third countries to provide
temporary shelter and protection to individuals seeking asylum. This approach allows for the
assessment of asylum claims before individuals are granted entry to the offering country.
International Cooperation:
Extraterritorial asylum often involves collaboration and cooperation between countries,
international organizations, and humanitarian agencies. Joint efforts are made to address the
needs of displaced populations and ensure the protection of asylum seekers.
Preventing Forced Returns (Non-Refoulement):
Offering extraterritorial asylum can help prevent the forced return (refoulement) of individuals to
situations where they may face persecution, torture, or other serious human rights violations.
Temporary Protection and Resettlement:
Countries may provide temporary protection to individuals in extraterritorial locations while
assessing their asylum claims. Additionally, resettlement programs may be established to
relocate refugees from third countries to countries willing to offer them permanent asylum.
Challenges and Controversies:
Extraterritorial asylum can raise legal, logistical, and political challenges. Issues such as
jurisdiction, legal status, and coordination among countries need to be addressed. Some
practices, like detaining asylum seekers in offshore facilities, have faced criticism for human
rights concerns.
Regional and International Agreements:
Regional and international agreements may govern extraterritorial asylum practices. For
example, the European Union has agreements and mechanisms in place to address asylum
seekers and refugees in locations outside its member states.
International Organizations' Involvement:
International organizations, such as the United Nations High Commissioner for Refugees
(UNHCR), often play a role in facilitating extraterritorial asylum processes, including the
assessment of asylum claims and coordination of humanitarian assistance.

34.State Responsibility
A.State responsibility in international law refers to the legal obligations and accountability of
states for their actions or omissions that violate international law. The principles governing
state responsibility are outlined in various sources, including customary international law and
treaties. Here are key aspects of state responsibility:
Basis of State Responsibility:
States are considered subjects of international law and are responsible for their conduct in the
international arena. State responsibility arises when a state breaches its obligations under
international law, whether arising from treaties or customary norms.
Attribution of Conduct:
The conduct of a state, which includes actions or omissions of its organs, officials, or entities
exercising governmental authority, may be attributed to the state. This attribution is essential for
determining state responsibility.
Internationally Wrongful Acts:
State responsibility is generally triggered by the commission of an internationally wrongful act.
An act is considered wrongful when it breaches an international obligation of the state and is
not justified or excused under international law.
Sources of International Obligations:
International obligations giving rise to state responsibility can arise from treaties (express
agreements between states) and customary international law (general and consistent state
practice accepted as law).
Forms of Reparation:
When a state is found responsible for an internationally wrongful act, it may be required to
provide reparations. Reparations can take various forms, including restitution (restoring the
situation to its previous state), compensation, and satisfaction (an acknowledgment of the
breach).
Circumstances Precluding Wrongfulness:
Some circumstances may preclude the wrongfulness of an act, such as consent by the affected
state, self-defense, necessity, force majeure, or countermeasures taken in response to a prior
breach by another state.
Individual and Collective Responsibility:
While states are primarily responsible entities, individuals may also be held accountable for
international crimes, and their actions may lead to state responsibility. Additionally, collective
responsibility may arise in situations where multiple states contribute to a wrongful act.
Countermeasures:
The injured state may respond to a wrongful act by taking lawful countermeasures against the
responsible state. Countermeasures should be proportionate to the injury suffered and aimed at
inducing the responsible state to comply with its international obligations.
International Adjudication:
Disputes concerning state responsibility may be submitted to international adjudication, such as
the International Court of Justice (ICJ) or arbitration. These forums can determine whether a
breach has occurred and prescribe appropriate remedies.
No Exemption for Internal Law:
The fact that an act is performed in accordance with internal law does not relieve a state of its
international responsibility if the act is contrary to international law.
Persistent Objector Rule:
States may be exempt from certain customary rules if they consistently object to the
development of that rule, known as the "persistent objector" rule.

35.Nationality
A.Nationality refers to the legal relationship between an individual and a sovereign state,
conferring upon the individual a set of rights and obligations. It is a crucial concept in
international law, regulating various aspects of a person's legal status, including citizenship,
allegiance, and the protection afforded by a state. Here are key points related to nationality:
Citizenship:
Nationality is often synonymous with citizenship, the status of being a member of a particular
state. Citizens enjoy the rights and privileges granted by the state, such as the right to vote,
work, and reside within the country.
Voluntary and Involuntary Acquisition:
Nationality can be acquired either voluntarily, through birth, naturalization, or other legal
processes, or involuntarily, such as through changes in territorial borders or the dissolution of a
state.
Birthright Citizenship and Jus Sanguinis:
Birthright citizenship confers nationality based on the place of birth, regardless of the parents'
nationality. Jus sanguinis, on the other hand, grants nationality to individuals based on the
nationality of their parents.
Dual and Multiple Nationalities:
Dual or multiple nationality occurs when an individual holds citizenship in more than one
country. Whether a state allows dual nationality depends on its laws and policies.
Loss and Renunciation:
Nationality can be lost through actions such as renunciation, where an individual voluntarily
gives up their citizenship, or through involuntary means, such as deprivation due to criminal
activities.
Statelessness:
Statelessness refers to the condition of individuals who are not considered nationals by any
state. It can result from gaps in nationality laws, conflicts in nationality claims, or the dissolution
of states.
Legal Rights and Obligations:
Nationality determines an individual's legal relationship with a state, conferring rights and
obligations. Rights may include the right to reside, work, and participate in political processes.
Obligations may include loyalty and compliance with the state's laws.
Consular Protection:
Nationals have the right to consular protection when abroad. Embassies and consulates can
assist nationals in distress, such as during emergencies, legal issues, or loss of documentation.
International Implications:
Nationality has international implications, as states must recognize and respect each other's
citizens. Disputes over nationality can lead to diplomatic tensions, and states may have
obligations to protect the rights of their nationals abroad.
Human Rights and Non-Discrimination:
International human rights law emphasizes the principle of nondiscrimination based on
nationality. Individuals are entitled to equal protection and enjoyment of rights, regardless of
their nationality.
Citizenship Laws and Criteria:
Each state determines its own citizenship laws and criteria, which may include factors such as
birth within the territory, descent, marriage, or length of residence.
Refugees and Asylum:
Nationality is closely linked to refugee and asylum issues. Stateless individuals and those facing
persecution may seek asylum in other countries, and the granting of refugee status is often
based on the absence of effective nationality.

36.Custom as a Source of International Law

A.Custom, as a source of international law, refers to the development of legal rules and norms
based on the consistent and general practice of states, coupled with a belief that such practices
are legally required (opinio juris). Customary international law is recognized as one of the
primary sources of international law alongside treaties. Here are key aspects of custom as a
source of international law:
State Practice:
The foundation of customary international law is the actual conduct or practice of states. This
practice can take various forms, including treaties, official statements, diplomatic
correspondence, legislation, and the behavior of states in specific situations.
Generality and Consistency:
For a customary norm to emerge, there must be a general and consistent practice among
states. The practice should be widespread and uniform, indicating a shared understanding of
legal obligation.
Opinio Juris (Belief in Legal Obligation):
Alongside state practice, there must be a subjective element known as opinio juris, meaning the
belief that the practice is legally required. States engaging in a particular practice must believe
that they are following a legal obligation rather than mere convenience or courtesy.
Persistent and General Practice:
The practice must be both persistent and general. It should endure over time, and a significant
number of states should participate in the practice for it to be considered customary.
Evolution of Customary Law:
Customary international law can evolve over time. New norms may emerge through the
establishment of consistent state practice and opinio juris, while old norms may become
obsolete.
Peremptory Norms (Jus Cogens):
Certain customary norms are considered peremptory, or jus cogens, meaning that they are
fundamental principles from which no derogation is permitted. Examples include the prohibition
of genocide and slavery.
Codification and Progressive Development:
Efforts have been made to codify and progressively develop customary international law. The
International Law Commission (ILC), a subsidiary body of the United Nations, has been involved
in codification and the development of new norms.
Recognition by International Courts and Tribunals:
International courts and tribunals, including the International Court of Justice (ICJ), often rely on
evidence of state practice and opinio juris to establish the existence of customary international
law in their decisions.
Custom and Treaty Relationship:
Customary international law and treaty law are interconnected. Treaties may codify existing
customary norms, and customary law may influence the interpretation of treaties. Persistent
objectors to a customary norm may, in some cases, exempt themselves from its application
through treaty reservations.
Erga Omnes Obligations:
Customary norms can give rise to erga omnes obligations, which are obligations owed to the
international community as a whole. Violations of erga omnes obligations can trigger legal
consequences, such as the responsibility to take collective action.

37.Theory of Monism
A.Here are key points related to the theory of monism:
Unified Legal System:
Monism asserts that international law and domestic law are not separate or distinct legal
systems but are integral parts of a unified legal system. This means that rules of international
law and domestic law form a cohesive whole.
Primacy of International Law:
One of the key features of monism is the assertion of the primacy of international law.
According to this perspective, international law automatically becomes part of the domestic
legal order upon its ratification or acceptance by the state.
Direct Applicability:
In a monist system, international law is directly applicable and enforceable within the domestic
legal system without the need for additional domestic legislation. This is based on the idea that
international norms automatically become part of domestic law.
Absence of Conflicting Norms:
Monism assumes that there is no inherent conflict between international and domestic law.
When a state becomes a party to an international treaty or convention, the obligations under
that treaty are automatically binding on the state's legal system.
Courts' Role in Implementation:
Monist systems often involve domestic courts in the direct application and enforcement of
international law. Courts are expected to apply international legal norms in cases where they are
relevant, and individuals may directly invoke international law before domestic courts.
Harmonization of Legal Norms:
Monism promotes the harmonization of legal norms, aiming for consistency between
international law and domestic law. This reduces the possibility of conflicts arising between the
two legal spheres.
Ratification and Transformation:
In monist systems, the act of ratifying an international treaty automatically incorporates its
provisions into domestic law without the need for a separate domestic law to transform or
implement the treaty obligations.
Examples of Monist States:
States that adhere to the monist theory include, to varying extents, countries like Germany, Italy,
and the Netherlands. In these states, international law is considered an integral part of the
national legal order.
International Law as Part of National Law:
Monism conceptualizes international law as part of the national legal system rather than
something external to it. As such, the breach of international legal obligations may be subject to
domestic legal consequences.

38.State Recognition
A.State recognition is a crucial concept in international law, representing the acknowledgment
by one or more states that another entity fulfills the criteria of statehood and is a legitimate
member of the international community. Recognition is an essential aspect of establishing and
maintaining diplomatic relations between states. Here are key points related to state
recognition:
Criteria for Statehood:
Before a state can be recognized, it must fulfill certain criteria for statehood. These criteria
generally include a defined territory, a permanent population, a government, and the capacity to
enter into relations with other states.
De Facto and De Jure Recognition:
De Facto Recognition: This occurs when a state recognizes the existence of another entity as a
state without necessarily endorsing its legitimacy under international law. De facto recognition
is often based on practical considerations, such as effective control over territory and the ability
to engage in international relations.
De Jure Recognition: This is a more formal and complete form of recognition, indicating that a
state recognizes another entity as a legitimate state in accordance with international law. De
jure recognition implies acceptance of the legal status and attributes of statehood.
Unilateral Nature:
Recognition is a unilateral act by a state or government, and it is not subject to the consent of
the entity being recognized. A state can decide to recognize another state without the need for
mutual agreement.
Collective Recognition:
While recognition is generally a unilateral act, there are instances of collective recognition. This
can occur when a group of states jointly decides to recognize or not recognize a particular entity
as a state. Such collective actions may have political, diplomatic, or regional implications.
Presumption of Recognition:
There is a presumption in international law that states exist and are entitled to recognition
unless there is evidence to the contrary. This presumption helps facilitate international relations
and the establishment of diplomatic ties.
Diplomatic Relations:
Recognition is a prerequisite for establishing diplomatic relations between states. Once a state
is recognized, embassies and consulates may be established, and formal diplomatic
communication can take place.
Recognition and International Organizations:
Membership in international organizations often requires recognition by a certain number of
existing member states. The decision to admit a new state is often linked to its recognition by a
sufficient number of other states.
Conditional Recognition:
Some states may grant conditional recognition, attaching certain conditions or expectations to
their acknowledgment of another entity as a state. This allows for a more nuanced approach
based on specific circumstances.
Recognition and Non-Governmental Entities:
Recognition is typically extended to states rather than non-governmental entities or movements.
The recognition of entities seeking independence or autonomy can be complex and subject to
geopolitical considerations.

39.Extradition
A.Extradition is a legal process through which one country surrenders a suspected or convicted
criminal to another country for prosecution or to serve a sentence. This process is typically
governed by extradition treaties or agreements between the involved countries. Here are key
points related to extradition:
Extradition Treaties:
Extradition is often based on bilateral or multilateral treaties between countries. These treaties
outline the procedures and conditions under which a country can request the surrender of an
individual and the circumstances under which extradition may be granted.
Dual Criminality:
One of the fundamental principles of extradition is the requirement of dual criminality. This
means that the alleged offense for which extradition is requested must be considered a crime in
both the requesting and the requested countries.
Extraditable Offenses:
Extradition treaties typically specify the offenses for which extradition can be requested. Serious
crimes such as murder, terrorism, drug trafficking, and certain white-collar crimes are commonly
included. Some treaties also include a list of political offenses that are exempt from extradition.
Extradition Request and Documentation:
The process usually begins with an extradition request submitted by the requesting country to
the requested country. The request is accompanied by supporting documentation, including
details of the alleged offense, evidence against the individual, and information about the legal
procedures that would be followed.
Extradition Hearing:
In the requested country, the judicial authorities conduct an extradition hearing to determine
whether the evidence presented meets the requirements of the extradition treaty. The individual
sought may have the opportunity to challenge the extradition on legal grounds, such as
concerns about a fair trial or the risk of political persecution.
Political Offenses and Extradition:
Many extradition treaties exclude political offenses from the scope of extradition. However, the
definition of political offenses can vary, and there may be exceptions if the offense involves
violence or poses a threat to public safety.
Specialty Rule:
The specialty rule ensures that the extradited individual is prosecuted only for the offenses
specified in the extradition request. Deviating from this rule may require the consent of the
requested country.
Extradition and Human Rights:
Extradition processes may be subject to human rights considerations. Countries may refuse
extradition if there are concerns about the potential for the death penalty, torture, or other
violations of human rights in the requesting country.
Extradition Denial:
The requested country may deny extradition for various reasons, including insufficient evidence,
concerns about the legal process, the possibility of double jeopardy, or if the individual is a
national or resident of the requested country.
Surrender and Transfer:
If the extradition request is approved, the requested country will surrender the individual to the
requesting country. The actual transfer may involve physical transportation, and the individual
will face legal proceedings in the requesting country.
Interpol Red Notices:
Interpol issues Red Notices at the request of member countries, which serve as international
alerts for individuals wanted for extradition. While a Red Notice is not an international arrest
warrant, it facilitates cooperation among member countries.
40.Five Freedoms of Air
A.The "Five Freedoms of the Air" refer to a set of aviation rights or privileges that are
traditionally recognized in international aviation agreements. These freedoms govern the rights
of one country's aircraft to enter another country's airspace and land for specific purposes. The
concept of the Five Freedoms has evolved over time, and additional freedoms have been
proposed. The most commonly acknowledged Five Freedoms are:
First Freedom: The Right to Fly Over a Foreign Country Without Landing
The first freedom allows an aircraft to fly over the territory of another country without landing.
This freedom is fundamental for international air traffic, enabling airlines to operate direct routes
between two countries without unnecessary detours.
Second Freedom: The Right to Land for Refueling or Maintenance
The second freedom permits an aircraft to land in a foreign country for non-traffic purposes,
such as refueling, maintenance, or crew rest. This freedom is essential for long-haul flights, as
aircraft may need to make stops for fuel or maintenance.
Third Freedom: The Right to Land in a Foreign Country to Embark or Disembark Passengers or
Cargo
The third freedom allows an aircraft to land in a foreign country for the purpose of embarking or
disembarking passengers or cargo. This freedom is critical for international air transport,
enabling airlines to serve destinations in other countries.
Fourth Freedom: The Right to Carry Passengers or Cargo Between Two Foreign Countries
The fourth freedom permits an aircraft to carry passengers or cargo between two foreign
countries without returning to its home country. This freedom facilitates direct air services
between different nations and promotes international connectivity.
Fifth Freedom: The Right to Carry Passengers or Cargo From One's Own Country to a Second
Country, and Then From That Country to a Third Country
The fifth freedom allows an aircraft to carry passengers or cargo from its home country to a
second country and then from that second country to a third country. This freedom enhances
the efficiency and flexibility of international air routes.

41.Security Council
A.The United Nations Security Council is one of the six principal organs of the United Nations
and plays a central role in maintaining international peace and security. It is responsible for
addressing threats to peace, resolving conflicts, and coordinating international responses to
situations that endanger global stability. Here are key points about the United Nations Security
Council:
Composition:
The Security Council consists of 15 members, including five permanent members with veto
power (China, France, Russia, the United Kingdom, and the United States) and ten
non-permanent members elected by the General Assembly for two-year terms.
Functions and Powers:
The primary functions and powers of the Security Council are outlined in the United Nations
Charter. Its main responsibilities include the maintenance of international peace and security,
the establishment of peacekeeping operations, and the authorization of the use of force when
necessary.
Peacekeeping Operations:
The Security Council can deploy peacekeeping forces to regions affected by conflict. These
forces aim to facilitate the implementation of peace agreements, protect civilians, and create
conditions for stability and development.
Conflict Prevention and Resolution:
The Security Council works to prevent the outbreak of conflicts and resolve existing ones
through diplomatic means. It can issue resolutions, impose sanctions, or authorize the use of
force to address threats to international peace.
Sanctions:
The Security Council has the authority to impose sanctions on countries or entities to pressure
them to comply with its resolutions or to address threats to peace. Sanctions can include arms
embargoes, travel bans, and economic measures.
Veto Power:
The five permanent members of the Security Council possess veto power, which means that any
one of them can block the adoption of a substantive resolution. This power has implications for
decision-making and requires consensus among the P5 members.
Decision-Making:
The Security Council makes decisions through resolutions, which require the affirmative votes of
at least nine members, including the concurring votes of all five permanent members if a
substantive decision is involved.
Emergency Sessions:
The Security Council can convene emergency sessions to address urgent matters that may
threaten international peace and security. These sessions allow for swift responses to emerging
crises.
Role in International Law:
The decisions and resolutions of the Security Council are binding on all UN member states. Its
actions are considered a form of international law, and member states are obligated to comply
with its decisions.
Reform Debate:
There have been ongoing discussions about reforming the Security Council to better reflect the
contemporary geopolitical landscape. This includes discussions on expanding both permanent
and non-permanent membership.
Subsidiary Organs:
The Security Council may establish subsidiary organs to assist in carrying out its functions.
These organs, such as peacekeeping missions or sanctions committees, operate under the
authority of the Security Council.

42.Specialized Agencies
A.Specialized agencies are organizations established by the United Nations (UN) to address
specific issues and functions, contributing to the overall goals and objectives of the UN system.
These agencies operate autonomously but work in coordination with the UN to address global
challenges. Here are some key specialized agencies:
World Health Organization (WHO):
Focus: Public health issues, international health cooperation, disease prevention, and response.
Functions: WHO works to improve global health by providing leadership on international health
matters, shaping health research agendas, setting norms and standards, providing technical
support to countries, and monitoring health trends.
United Nations Educational, Scientific and Cultural Organization (UNESCO):
Focus: Education, science, culture, and communication.
Functions: UNESCO promotes international collaboration in the fields of education, natural
sciences, social/human sciences, culture, communication, and information. It works to build a
just, inclusive, peaceful, and open knowledge society.
International Labour Organization (ILO):
Focus: Labor and employment issues, workers' rights, and social justice.
Functions: ILO sets international labor standards, promotes social protection, and works to
create opportunities for decent employment. It addresses issues such as child labor, forced
labor, and discrimination in the workplace.
Food and Agriculture Organization (FAO):
Focus: Food security, agriculture, and rural development.
Functions: FAO works to eliminate hunger, improve nutrition, and promote sustainable
agriculture. It provides expertise and support to countries in addressing food-related challenges
and achieving the Sustainable Development Goals (SDGs).
International Monetary Fund (IMF):
Focus: Monetary cooperation, exchange rate stability, financial stability, and economic
development.
Functions: IMF provides financial assistance to member countries facing balance of payments
problems, offers policy advice, and conducts economic research. It aims to ensure the stability
of the international monetary system.
World Bank Group (WBG):
Focus: Poverty reduction, infrastructure development, and economic development.
Functions: The World Bank Group comprises five institutions working toward sustainable
development and poverty reduction. It provides financial and technical assistance to developing
countries for development projects and policy reforms.
International Civil Aviation Organization (ICAO):
Focus: Civil aviation, air transport, and aviation safety.
Functions: ICAO sets international standards and regulations for civil aviation, promotes
cooperation among member states, and works to enhance the safety, security, efficiency, and
environmental sustainability of civil aviation.
International Maritime Organization (IMO):
Focus: Maritime safety, security, and environmental protection.
Functions: IMO regulates shipping to ensure safety, security, and environmental protection. It
develops and adopts international conventions and standards related to maritime
transportation.
World Meteorological Organization (WMO):
Focus: Meteorology, weather, climate, and water-related issues.
Functions: WMO promotes international cooperation in meteorology, climatology, hydrology, and
related fields. It provides information and services to support weather-related activities, disaster
risk reduction, and sustainable development.
United Nations Children's Fund (UNICEF):
Focus: Child rights, health, education, protection, and social inclusion.
Functions: UNICEF works to ensure the well-being of children worldwide, advocating for their
rights and providing support in areas such as health care, education, nutrition, and protection
from exploitation and violence.

43.Defacto Recognition
A.De facto recognition refers to a situation where a state or government, without formally
acknowledging the legal status of another entity, behaves in a manner that implies acceptance
of its existence and treats it as a de facto authority. In essence, de facto recognition occurs
when practical realities and interactions on the ground suggest a level of acceptance, even in
the absence of a formal declaration of recognition. Here are key points about de facto
recognition:
Informal Acceptance:
De facto recognition is an informal and practical acknowledgment of the existence of a political
entity or government. It may involve interactions, negotiations, or cooperation with the entity,
indicating a level of acceptance in practice.
No Formal Declaration:
Unlike de jure recognition, which involves a formal and official acknowledgment of statehood, de
facto recognition does not entail a public declaration or a diplomatic exchange formally
recognizing the legal status of the entity.
Factors Contributing to De Facto Recognition:
States may engage in de facto recognition for various reasons, such as geopolitical
considerations, economic interests, regional stability, or the need to address specific issues that
require cooperation with the entity in question.
Use of Embassies or Liaison Offices:
Some states may establish embassies or liaison offices in territories controlled by entities that
are not formally recognized. While these offices may not have the status of embassies in the
traditional sense, their presence can indicate a form of de facto recognition.
Trade and Economic Relations:
Economic interactions, trade agreements, and other forms of economic cooperation can
suggest de facto recognition. States may engage in economic relations with an entity even if
they do not formally recognize its statehood.
Treaties and Agreements:
The negotiation and signing of treaties, agreements, or memoranda of understanding between
states and entities can imply a level of acceptance, even if there is no formal acknowledgment
of statehood.
Regional or Functional Cooperation:
States may cooperate with entities on regional or functional issues, such as security,
environmental concerns, or public health, indicating a practical acknowledgment of the entity's
role in addressing shared challenges.
Partial Recognition:
De facto recognition may involve recognizing only certain aspects of an entity's authority, such
as its control over specific territories or its capacity to address particular issues.
Temporary or Tactical Recognition:
States may engage in de facto recognition for temporary or tactical reasons, based on the
evolving geopolitical context. The level of engagement may change over time depending on
political developments.
Challenges and Ambiguities:
De facto recognition can be a complex and ambiguous concept. States may engage in practical
interactions without intending to convey full diplomatic recognition, leading to uncertainties
about the nature and extent of their acknowledgment.

44.Plebiscite
A.A plebiscite is a direct vote in which the entire electorate is invited to express its opinion on a
particular issue or question. Unlike a regular election, which involves choosing candidates for
public office, a plebiscite seeks the public's input on a specific decision or policy matter. Here
are key points about plebiscites:
Direct Democracy:
A plebiscite is a form of direct democracy where citizens have the opportunity to directly
participate in decision-making. Instead of representatives making decisions on behalf of the
people, the people themselves express their views through a vote.
Non-Binding Consultation:
In some cases, a plebiscite is a non-binding consultation, meaning that the result is not legally
binding, and the government is not obligated to implement the decision expressed by the voters.
It serves as a way to gauge public opinion on a particular issue.
Binding Plebiscite or Referendum:
In other instances, a plebiscite may be binding, especially when its outcome is legally required to
be implemented by the government. In such cases, the results of the vote have a direct impact
on legislation or policy.
Topics of Plebiscites:
Plebiscites can cover a wide range of topics, including constitutional changes, territorial
disputes, major policy decisions, or controversial social issues. The subject of a plebiscite
depends on the decision-making process established by a country's legal and political system.
Government Initiation:
Governments may initiate plebiscites to seek public approval or input on significant matters.
Alternatively, citizens or advocacy groups may petition for a plebiscite to force the government
to address a particular issue.
Referendum vs. Plebiscite:
While the terms "referendum" and "plebiscite" are sometimes used interchangeably, they can
have different connotations. Referendums often involve constitutional changes or major policy
decisions, and their outcomes are typically binding. Plebiscites may be used for a broader range
of issues, and their outcomes may be non-binding.
Voting Procedures:
The voting procedures for plebiscites vary by country. Some countries conduct plebiscites
alongside regular elections, while others hold separate votes. The methods of voting, such as
in-person balloting, mail-in ballots, or electronic voting, also vary.
Public Campaigns:
Prior to a plebiscite, there is often a public campaign during which different stakeholders
present their arguments and try to sway public opinion. Media, advocacy groups, and political
parties may actively participate in these campaigns.

45.Clean Slate Theory

A.The "Clean Slate Theory" is a concept in international law that pertains to the idea that, upon
achieving statehood, a newly independent state is not automatically bound by treaties that were
concluded by the colonial power on its behalf during the period of colonization. The theory
posits that the newly independent state has the right to start with a "clean slate" and decide
whether to adopt, modify, or reject the treaties concluded on its behalf by the colonial power.
Here are key points related to the Clean Slate Theory:
Colonial History:
The Clean Slate Theory is particularly relevant in the context of decolonization. Many colonies
gained independence during the 20th century, and the issue arose as to whether the newly
independent states were bound by treaties that were negotiated and concluded by the colonial
powers on their behalf.
Legal Basis:
The theory is based on the principle of state sovereignty. It asserts that, upon gaining
independence, a state becomes a new and sovereign entity, and it should have the freedom to
shape its own international legal obligations.
Treaty Relations:
Under the Clean Slate Theory, the new state is not automatically considered a party to the
treaties concluded by the colonial power. The treaties may have been imposed on the colonized
territory without the genuine consent of the local population.
Reaffirmation or Rejection:
The newly independent state has the option to reaffirm, modify, or reject the treaties inherited
from the colonial period. This allows the state to align its international legal commitments with
its own national interests and policies.
Consent of the New State:
For a treaty to be binding on the newly independent state, it is generally argued that the new
state must give its informed and genuine consent to be bound. This contrasts with treaties
negotiated by the colonial power without the meaningful participation of the local population.
Customary International Law:
The Clean Slate Theory aligns with the principles of customary international law, which
emphasize the importance of sovereign consent in creating international legal obligations.
Evolution of International Law:
The concept reflects the evolving nature of international law and the recognition that treaties
should be based on the genuine consent of the parties involved. It acknowledges the historical
context of colonization and the need to address its legal implications.
Exceptions and Criticisms:
The Clean Slate Theory is not universally accepted, and there are debates about its scope and
application. Some argue that certain treaties, particularly those involving fundamental human
rights, should be considered binding on the new state regardless of the theory.
Case-by-Case Approach:
The application of the Clean Slate Theory tends to be case-specific. Each situation is evaluated
individually, taking into account the circumstances of the colonization, the nature of the treaties,
and the intentions of the newly independent state.
International Court of Justice (ICJ):
The ICJ has addressed issues related to the Clean Slate Theory in some of its advisory opinions,
acknowledging the importance of consent in the creation of legal obligations.

46.Pacta Sunt Servanda

A."Pacta sunt servanda" is a Latin legal maxim that translates to "agreements must be kept" in
English. This principle is a fundamental tenet of international law and contract law, emphasizing
the importance of honoring and fulfilling the terms of agreements or treaties. Here are key
points related to "pacta sunt servanda":
Foundational Principle:
"Pacta sunt servanda" is considered a foundational principle in international law. It underscores
the idea that states are bound by the agreements they voluntarily enter into and are obligated to
fulfill their treaty obligations.
Consent and Voluntariness:
The principle is based on the concept of consent. States willingly and voluntarily enter into
treaties, and once they have given their consent, they are expected to abide by the terms of the
agreement.
Stability and Predictability:
The principle contributes to the stability and predictability of international relations. It provides a
basis for trust and confidence among states, as parties can rely on the assumption that
agreements will be honored.
Presumption of Compliance:
There is a presumption in international law that states will comply with their treaty obligations.
"Pacta sunt servanda" reflects this presumption and serves as a starting point for interpreting
and enforcing international agreements.
Limitations and Exceptions:
While the principle is robust, there are recognized limitations and exceptions to its application.
For example, a state may argue that it is released from its treaty obligations due to a
fundamental change in circumstances (rebus sic stantibus) that was not foreseen when the
treaty was concluded.
Hierarchy of Treaties:
In cases where conflicts arise between treaties, the principle of "pacta sunt servanda"
contributes to the understanding that treaties should be interpreted in a way that avoids
conflicts and allows for their harmonious application.
International Court of Justice (ICJ):
The International Court of Justice (ICJ), the principal judicial organ of the United Nations, often
refers to "pacta sunt servanda" in its judgments and advisory opinions. The principle plays a
central role in the court's reasoning when interpreting and applying international treaties.
Application in Contract Law:
The principle is not limited to international law; it also has relevance in contract law. In domestic
legal systems, "pacta sunt servanda" is a fundamental principle that emphasizes the sanctity of
contracts and the expectation that parties will fulfill their contractual obligations.
Treaty Interpretation:
When interpreting treaties, the Vienna Convention on the Law of Treaties, a key treaty governing
the law of treaties, explicitly refers to the principle of "pacta sunt servanda." Article 26 of the
convention states that every treaty in force is binding upon the parties, and they must perform
their obligations in good faith.
Customary International Law:
The principle of "pacta sunt servanda" is considered part of customary international law,
reflecting general state practice and the acceptance of a legal obligation to honor agreements.

47.International Criminal Court

A.The International Criminal Court (ICC) is a permanent international court established to
prosecute individuals for the most serious crimes of international concern, including genocide,
crimes against humanity, war crimes, and the crime of aggression. Here are key points about the
International Criminal Court:
Establishment:
The ICC was established by the Rome Statute, which was adopted on July 17, 1998, and entered
into force on July 1, 2002. The court has its seat in The Hague, Netherlands.
Jurisdiction:
The ICC has jurisdiction over four main categories of crimes: genocide, crimes against
humanity, war crimes, and the crime of aggression. The court's jurisdiction is complementary to
national jurisdictions, meaning it can step in when national authorities are unable or unwilling to
prosecute these crimes.
Admissibility:
Before the ICC can exercise jurisdiction, it must determine the admissibility of a case.
Admissibility involves assessing whether the case is being investigated or prosecuted by a
national legal system, and whether the case is of sufficient gravity to justify the ICC's
involvement.
Independence and Impartiality:
The ICC operates independently of the United Nations, and its judges are elected by the
Assembly of States Parties. The court is designed to be impartial and is not subject to political
influence.
States Parties:
The ICC is a treaty-based institution, and its jurisdiction extends only to those states that have
ratified the Rome Statute and become States Parties. As of my last knowledge update in
January 2022, there were 123 States Parties to the Rome Statute.
Investigations and Prosecutions:
The ICC Prosecutor can initiate investigations based on referrals from States Parties, the United
Nations Security Council, or the prosecutor's own initiative. The court can issue arrest warrants
and conduct trials for individuals accused of committing international crimes.
Trial Chambers and Appeals Chamber:
The ICC has Trial Chambers responsible for conducting trials and an Appeals Chamber that
hears appeals from decisions of the Trial Chambers. The judges are elected by the Assembly of
States Parties.
Sentencing and Penalties:
If a person is convicted by the ICC, the court can impose penalties, including imprisonment. The
ICC does not have its own prison facilities, so individuals convicted by the court serve their
sentences in designated national or international prisons.
Victims' Participation:
The Rome Statute emphasizes the participation of victims in ICC proceedings. Victims can
present their views and concerns, and they may be awarded reparations if the accused is
convicted.
Challenges and Criticisms:
The ICC has faced challenges and criticisms, including concerns about its effectiveness,
impartiality, and the fact that some major powers, including the United States, Russia, and
China, are not States Parties. Additionally, there have been debates about the court's reach and
its impact on conflict resolution.
Review of Rome Statute:
The Rome Statute undergoes periodic reviews to assess its effectiveness and address any
shortcomings. States Parties may propose amendments to the statute during these review
conferences.
Role in Preventing Crimes:
The ICC also plays a preventive role by contributing to the deterrence of future crimes and
promoting the rule of law. The idea is that the existence of the court should discourage
individuals from committing crimes within its jurisdiction.
48.Innocent Passage
A."Innocent passage" refers to the concept in international maritime law that allows foreign
ships to traverse another country's territorial sea in a manner that is considered innocent and
non-threatening. The right of innocent passage is recognized under the United Nations
Convention on the Law of the Sea (UNCLOS), which establishes the legal framework for the
rights and responsibilities of states in the world's oceans. Here are key points related to
innocent passage:
Territorial Sea:
The territorial sea is the area of sea adjacent to the coast of a state and extends up to 12
nautical miles (NM) from its baseline. The baseline is the low-water line along the coast.
Right of Innocent Passage:
UNCLOS grants ships of all states the right of innocent passage through the territorial sea of
coastal states. This means that foreign ships have the freedom to navigate through these
waters, subject to certain conditions.
Conditions for Innocent Passage:
To qualify as innocent passage, the navigation of foreign ships through the territorial sea must
be continuous and expeditious. Additionally, it must not be prejudicial to the peace, good order,
or security of the coastal state.
Non-Threatening Nature:
The passage must be non-threatening, meaning that the ship should not engage in any activities
that can be considered harmful to the coastal state's security or interests. For example, innocent
passage does not allow activities such as military exercises, intelligence gathering, or fishing.
Navigation and Overflight:
Innocent passage applies not only to the movement of ships but also to the overflight of aircraft.
Aircraft flying over the territorial sea must conduct themselves in a manner consistent with the
principles of innocent passage.
Notification Requirements:
Coastal states have the right to establish reasonable laws and regulations for the notification of
their authorities by foreign ships before entering their territorial sea. However, such notification
requirements should not hinder innocent passage.
Submarines:
While submarines are considered ships, their passage is subject to additional conditions.
Submarines must navigate on the surface and show their flag, and they must comply with the
other requirements for innocent passage.
Transit Passage:
Innocent passage is distinct from "transit passage" through international straits. Transit
passage is a broader concept that applies to straits used for international navigation, and it
includes the right of non-suspendable and non-obstructive passage.
Enforcement by Coastal State:
The coastal state has the right to take certain measures to enforce its laws and regulations in
the territorial sea. If a foreign ship fails to comply with the conditions of innocent passage, the
coastal state may take appropriate measures, including expulsion.
Exclusion of Innocent Passage:
UNCLOS provides a list of activities and circumstances that would exclude the passage from
being considered innocent. For example, any exercise or practice with weapons is not regarded
as innocent, and submarines must navigate on the surface.