CSS COMEX ACADEMY INTERNATIONAL LAW LECTURE 1

 Subject: International Law

 Teacher: Agha Shahriyar Khan (CSS 2019 Qualifier)
 Contact number: 03432374304 (If you have any further questions, kindly WhatsApp your
queries and wait. I’ll definitely reply)
 Lecture number: 1
 Time Limit: 90min

Topics for Today’s Class

 International Law as optional: Positives and Negatives

 Books to read
 Quick overview of Syllabus
 International Law: definition, types, Evolution

International Law as optional Subject

Positives

 Short Syllabus
 Overlapping with International Relations and current affairs
 Answer the important and controversial questions: whether Palestine or Israel is a state, what
constitutes the state? or when states can use armed force. For example, can states use force
against other states in self-defense pre-emptively, that is, before they’re attacked? What
happens when a region declares independence from its parent state? What responses to
terrorism are permitted under international law, and when will a state be responsible for
terrorist acts committed by its nationals? What are the conditions on the basis of which
countries can resort to war? How to conduct a war? Interesting debates on key issues: Trade
war, South China sea, Taiwan, Kashmir etc. These are debates you see between world leaders on
the news, and it’s really interesting to discuss these same topics from a legal perspective.
 Answers of International law are short, you don’t need to write more stuff. (maximum 3.5
pages)
 One book is more than enough (Even you prepare from my notes, you will easily get 60+ marks
depending on your presentation)

Negatives

 Scoring debate
 Technical in nature
 You have to remember articles and case references if you want to score high
 A dry subject (depends on personal interest)

Book to read

 International Law by Dr. S.K. Kapoor (FPSC recommended)

 International by Malcom Shaw (FPSC recommended) (if you want to prepare the subject in
depth)
CSS COMEX ACADEMY INTERNATIONAL LAW LECTURE 1

International law: Definition, types and evolution

Law is a system of rules that are enforced through social institutions to govern behavior.

INTERNATIONAL LAW:
 The term IL was first used by Jeremy Bentham in 1780 (book: Introduction to Principles of
Morals and Legislation)
 Primary function is to regulate the relations of States with one another

Traditional and new international law:

The traditional int. law has undergone so many changes that the int. lawyers have evolved a new
term new int. law so as to indicate the changes that took place since 2nd world war 1945.

Traditional international law

“Int. law is the name for body of customary and treaty rules which are considered legally binding
by civilized nations in their intercourse with each other.” (Oppenheim)
Criticism:
 At present international organizations and institutions are also regarded as subjects of
international law
 IL also provides some rights and duties to the individuals
 Multinational corporations are also regulated by the IL at present
 Definition only stresses on the rules of international law derived from treaties and customs
whereas a number of rules of IL are derived from general principles of law (ICJ - Article 38 (1)
(c))

Modern Definitions:
Int. law is the body of rules regarding relations among states, function of int.
organization and their relations with other int. org, states or individuals, rules related to
individual and non-state entities.
Oppenheim in the new edition of his book (9th edition): IL is the body of rules which are legally
binding on States in their intercourse with each other. States are not the only subjects of
international law. International organizations and to some extent individuals are also the subject
of international law.
Starke: IL is the body of law in which the States feel themselves bound to observe and therefore
do commonly observe in their relations with one another and which also includes:
(i) International institutions and organizations
(ii) Certain rules of law related to individuals and non-State entities

Kinds of International Law:

Public and Private International law:
 International law is used for the term public international law (identical)
 Public IL deals with States, organizations and individuals to a certain extent
 Private International law deals with the individuals of two States i.e. contract of sales between
two persons in different countries is governed by private international law
CSS COMEX ACADEMY INTERNATIONAL LAW LECTURE 1

Example of daily life usage of International Law

1. International Civil Aviation Organization – Instructions behind air ticket

2. World Customs Organization – Green Channel (Things not requiring any declaration/inspection –
Tie) and requirement of declaration

Difference between private and public International Law

In simple terms, public international law refers to agreements between and among nations, while. .
Private international law is a body of rules used to resolve legal disputes between private individuals
who cross international boundaries. Where a dispute is between two parties in different countries with
different legal systems, private international law helps a court determine which country's substantive
law will be used to decide the matter. Although it is called 'international law' it is in fact a body of
domestic law, and each country has its own set of private international law.

Evolution/Development of International Law

Origin:
(i) Jews: Strictly followed treaties – privileges and immunities to diplomatic envoys. Slogan of
jews “Love the stranger for yet were the strangers in the land of Egypt” – believed in
internationalism.

(ii) Greek Era: definite laws of war – resolved disputes through arbitration – Prior declaration of
war – provision for exchange of POW - inviolability of heralds, prior declaration of war,
immunities of ambassadors. - Basis of law was religion, politics etc.

(iii) Roman Era: Oppenheim (scholar of international law): Romans considered world as their
property. Modes of termination of war were through treaties or peace otherwise through
conquest and annexation of the conquered territories.
Divided treaties into 3 categories – treaty of friendship; Alliance; Hospitality. Strictly
adhered to treaties as well as prior intimation was necessary for termination of treaty.

(iv) Islamic Era: Siyar (plural of seerat – meaning: conduct of Prophet with foreigners):
international law emerged as a separate discipline from politics. Muslim scholars wrote
books on international law.
Distinction between combatant and non-combatant; Rules for protection of women and
children during war; observed treaties in good faith; POW were released on a suitable
compensation; POW were not to be tortured; bodies of militants killed in battle were not to
be mutilated; Diplomatic immunities were observed; infrastructure and cattle at the time of
war/conquest were not to be harmed.

15th Century:

Favorable conditions for the birth of law of nations. The world started moving from empires to sovereign
States
CSS COMEX ACADEMY INTERNATIONAL LAW LECTURE 1

16th and 17th centuries

Peace treaty of Westphalia (1648):

Ended seventy years of war, established new political order in Europe (Nation-state system)
European countries at the time (the Holy Roman Empire, Spain, France, Sweden and the Dutch Republic)
agreed to respect the principle of territorial integrity.

Hugo Grotius, known as the father of international law, wrote in 1625 de Jure Belli ac Paci (On the Law
of war and peace) and outlined some basic rules and regulations related to int. law such as law of peace,
states violating law may be punished by other states and right reason was the basis of determining law.
Law between European powers: Industrialization led to the emergence of Europe as super power and
int. law was initially limited to the European countries

18th century

Contribution of naturalist: basis of i.law is natural law

Contribution of positivists : basis of i.law is treaties and customs (to which states show their consent)

19th Century

1. Congress of Vienna, 1815 rules related to rivers , classification diplomatic agents and other rules
of I.l weer formed
2. Declaration of Paris, 1856 rules related to naval ware fare laid down
3. Hague conventions 1899 and 1907: rules related to naval and land warefare and settlement of
int. disputes through peaceful means, duties and right of neutral states were laid down

20th Century
1. Wilson 14 points
2. League of Nations, 1920: first time imposed certain restriction on states’ right to resort to war at
their will
3. Kellog-Briand Pact 1928: renounced war
4. Geneva convention,1929 treatment of prisoners
5. United nations, 1945

Int. law further developed in the twentieth century and after the formation of UN in 1945, it has evolved
to a greater degree.