PIL

1.
NATIONALITY
Q.1. Examine the international importance of nationality.
Q.2. How is the nationality of a person determined in international law?
Q.3. Explain the various modes of acquisition and loss of nationality?
Q.4. Write a short note on statelessness and double nationality.
Q.5. What are the legal effects of statelessness?
SYNOPSIS
(1) Introduction
(2) Meaning of Nationality
(3) Modes of Acquisition of Nationality
(4) Loss of Nationality
(5) Double Nationality/Dual Nationality
(6) Conclusion
(1) Introduction
Nationality means an identity as a member of a certain state. In other word we can say
that nationality means the fact of belonging to a particular nation. It means membership of an
independent political community. Nationality plays a very important role in International Law.
During the wars, enemy character is determined on the basis of nationality. If a state could not
prevent its nationals from committing the offence or it allows its own nationals to do certain
offences, it is responsible and has to give answer to the world. Nationality means loyalty towards a
particular state. Each state exercises its jurisdiction over civil & criminal matters over the person of
their nationality. A person may continue his nationality, even after he loses his citizenship.
(2) Meaning of Nationality
1. "Nationality means an identity as a member of a certain state."
2. According to Fenwick – "Nationality may be defined as the bond which unites a person to a
given state which constitutes his membership in the particular state, which gives him a claim to
the protection of that state and which subjects him to the obligation created by the law of the
state."
3. According to Oppenheim – "Nationality is the link through which an individual can enjoy the
benefits of International Law."
(3) Modes of Acquisition of Nationality
A nationality may be acquired by any of the following modes.
1. By birth
It is very natural that a person acquires his nationality where he is born. He can also
acquire his nationality of his parent at the time of his birth.
Sachin Kale… Dayanand Law College, Latur. Page 1

2. By naturalization
Naturalize means to admit alien to citizenship. Nationalization is the second and

effective mode of acquiring nationality. Mother there is a well known example of this kind. She
had born in Ugoslovakia on 27.08.1910. She came to India in 1929. In 1948, the Government of
India granted her citizenship and nationality of India. Where a person borned in one state and
acquired citizenship & nationality of another state by adoption it is called naturalization.
3. By resumption
Resumption means the act of beginning again Ram born in India. He was an Indian
national. He studies in India, he went America and settled there, and obtained American
nationality. He relinquished Indian nationality. He spent some years there. Later he again came
to India and wanted to settle in India. He obtained nationality by naturalization by proper
registration procedure and by relinquishing his American nationality. It is called 'Nationality by
Resumption'.
4. By subjugation
When a state conquers another state, the defeated state loses its independence and the
people of the defeated state acquire nationality of conquered state.
China conquered Tibet in 1959. Now the residents of Tibet are treated as Chinese. This is
nationality by subjugation.
Goa, Daman & Diu were under the reign of Portugal Indian annexed them into Indian
Territory in 1962. Before annexation, the residents of Goa, Daman & Diu, where the nationals of
Portugal. After the annexation, they have become the nationals of India.
5. By cession
Cession means the act of ceding or giving up land, property, rights etc. where a state is
ceded in another state, all the people of the territory acquired nationality of the state in which
their territory has been merged.
Once Sikkim was an independent state. The parliament of Sikkim resolved to emerge
into India by a majority resolution. Government of India also made the Constitution
Amendment in 1975 for giving the effect of annexation of Sikkim into India.
5. By migration
Migrate means to leave one country to settle or to work for a period in another some
person migrate from one state migrate from one state to another state for their livelihood and
some of them return to their home hand, and some of them remain in the host state. The
person remained in the host state get nationality after a long standing.
Several lakh of Tibetans migrated to India and become as Indian nationals gradually on
long standing.
Several of lakh Bangladeshis migrated to India and settled here and have become
nationals of India.
(4) Loss of Nationality
A nationality may be lost by any of the following ways –

1. By release
Ram born in India. He studied here. He went to America and wanted to get American
nationalization for this purpose, he has to follow certain procedures. First of all he has to
relinquish his Indian nationality acquired by birth. He has to submit an application to the Indian
government relinquishing his Indian nationality. On security, the Indian government may give a
certificate of Release of Nationality. This is called loss of nationality by release.
2. By deprivation
A state prohibits its nationals to serve in other countries, keeping the necessity of their
services in its own territory. Inspite of prohibition some person goes to other countries for
employment etc. In such circumstances, those persons who violate their original state law are
deprived their nationality.
3. By renunciation
Renunciation means giving up of a right, where a person enjoys nationality of more than
two states at a time, he has to keep only one nationality, and has renounced the remaining.
4. By substitution
Substitution means taking the place of another person or thing. Hongkong was taken on
lease by Brittan from China in 1897 for one hundred years. The lease period was completed in
1997. As a general rule, as soon as the territory of Hongkong was merged in China in 1997, the
residents of Hongkong have become nationals of China. At the same time, the British
Government has provided nationality to those persons who intended to have Brittan
nationality. They have gotten nationality according to their pleasure & choice. It is called,
'Nationality by choice or substitution'.
5. By long standing residence
Where a person leaves his birth place and resides in abroad for several years i.e. long
time, he loses his birth nationality, and acquires the nationality of that country.
Bangladesh refuses who settled in India, lost their Bangladesh nationality and acquired
Indian nationality.
(5) Double Nationality/Dual Nationality
Double nationality means having two or more nationalities of more than two or more
states at a time. Double nationality is also called as, "Dual Nationality". Both these terms has
the same meaning.
Article 15(1) of the Universal Declaration of Human Rights, 1948 provides that every
person has the right to nationality. Article 15(2) provides that no one shall be arbitrarily
deprived of his nationality, and no person shall be denied the right to change his nationality.
Every state protects the interest of its nationals. Double nationality occurs in case of married
women, and also in cases of the children born in foreign countries, while the parents reside on
any purpose in foreign.

However sometimes, a person may have double nationality. As a general rule, every
state protects its nationals and provide political rights. The problem arises in the case of dual
nationality that which state has to provide protection to that person who has two nationalities
at the same time. The nationality in such circumstances can be decided only on the conduct and
intention of the individual in his economic, social, political, civic and family life, as well as the
closure and more effective bond with one of the two states must also be considered.
The problem of Double nationality frequently occurs in case of married women where a
woman belonging to one state by birth, may marry a person belonging to another country. To
which country she belongs?
Sonia Gandhi was a born native of Italy. She married Rajiv Gandhi. After some years of
marriage, she applied for Indian Nationality by naturalization which was granted to her. Now
she is an Indian nationality. The Indian political parties raised the objection of her nationality in
1999 General Elections. It is true that as soon as she married, she became Indian national, but at
the same time, she did not relinquish her Italian nationality for several years. This type of
problem arises in the cases of marriages, especially in women cases.
These problems are solved by the Hague Conference, 1930. It provides that if a woman
marries another national she automatically acquires the nationality of her husband. However
she can retain her birth nationality, if she wants.
(6) Conclusion

2. STATELESSNESS
SYNOPSIS
(1) Introduction
(2) Scope
(3) Examples
(4) Position of Statelessness
(5) Conclusion
(1) Introduction
A stateless person is a person having no nationality of any country. In fact statelessness

in International Law has become a burning problem. Every state protects it is nationals, and
confers certain political rights to its nationals. The stateless persons are not provides with such
protection and rights.
(2) Scope
Article 15 of the Universal Declaration of Human Rights, 1948 states that every person is
entitled to have nationality and the nationality of any person can’t be taken away arbitrarily.
(3) Examples
The Indian people were taken away from India to Uganda by British some two or three
hundred years ago. Some of the Indians became rich, and took active participation in the
development of Uganda economy. In1979, the Uganda Government under the leadership of Idi
Amin, external all the Uganda nationals of Indian race. These people become stateless persons.
The above example does not stand always a fair example. There are several other
examples. The British took Indians to several colonies Fizi, Trinidad etc. during their reign. After
their obtaining independent several Indians have become presidents, prime ministers etc. of
those countries.
(4) Position of Statelessness
Statelessness is a burning problem in International Law now. The convention on the

reduction of the statelessness, 1961 held in 1916 has shown several reforms and ways to
reduce the problems of statelessness. Every state has to consider the critical situations of
stateless persons. The stateless persons shall liberally be granted nationality. The Geneva
Convention of the status of stateless persons, 1954 and the status of Refugees provides that
stateless persons shall be conferred with certain rights through international treaties.
Nationality is important to the individual not only with regard to political rights and
privileges but also because his civil status and capacity may be dependent upon it. There are
many essential rights, such as, family rights (marriage, divorce, adoption of children) and
succession to movable property.

3. EXTRADITION
Q.1. Explain under what conditions state may refuse to extradite a fugitive offender.
Q.2. Explain the principle of extradition and examine the recent trends in the law relating to
extradition with reference to case law.
Q.3. Define extradition. Briefly state the restrictions on the extradition of political and
religious offenders.
Q.4. What are the principles of International Law in regard to extradition of criminals?
Q.5. What is an extradition treaty? Discuss the objects and the principles regulating the
practice of extradition.
SYNOPSIS
(1) Introduction
(2) Definition of Extradition
(3) Purpose of Extradition
(4) Essential Condition for Extradition
(5) Conclusion
(1) Introduction
Extradition means delivery of a criminal by one country to other country on sufficient

ground shown. The term extradition denotes the process whereby under treaty one state
surrenders to another state at its request a person accused or convicted of a criminal offence
committed against the laws of the state requesting. It is the right and responsibility of every
country to publish the culprits, criminal offenders, anti-social element. Else, the peaceful
atmosphere of the country spoils. Sometimes, a criminal commits an offence in one country and
flies away to another country to escape from the punishment. In such circumstances a country
may requests another country to extradite that person. The sole object of extradition is to
secure peace in the society. If that criminal is not extradited, he may be dangerous to the entire
world. Therefore, countries should co-operate with each other by extraditing the criminal
offenders to keep peace in the world.
(2) Definition of Extradition
1. According to Starke – "Extradition denotes the process whereby under treaty one state
surrenders to another state at its request a person accused of a criminal offence committed
against the laws of the requesting state."
2. According to Oppenheim – "Extradition is to delivery of an accused or a convicted individual t

the state on whose territory he is alleged to have committed or to have been convicted of a
crime, by the state on whose territory the alleged criminal happens to be for the time being."
3. "Extradition means the delivery of a criminal from one country to another country on
sufficient ground shown."
(3) Purpose of Extradition
It is the right and social responsibility of every country to punish the criminal offenders.
Else, the peaceful atmosphere of the country spoils.

The sole object of this extradition is to secure peace in the society. If that criminal is not
extradited, he may be dangerous not only to the requesting country but also to the entire
world. Therefore, countries should co-operate with each other by extraditing the criminal
offenders to keep peace in the world.
Thus we can conclusively say that the main purpose of extradition is to keep the
International peace and security amongst the people of the whole world. Thus the purpose of
extradition is to save the world from dangerous criminals by punishing them in order to
maintain peace & order in the world.
Dawood Ibrahim caused explosions in Bombay & other cities in India, and fled away to
Dubai. He has been doing anti-social activities in India from Dubai & Pakistan.
Bin Laden was expelled from Saudi Arabia. He took asylum in Afghanistan. He had
become a notorious terrorist for entire world.
Five Pakistanis hijacked Indian aero plane along with its passengers on 24.12.1999. They
killed one passenger & succeeded in achieving their illegal demands, after completing their
operation, they fled to Pakistan.
(4) Essential Condition for Extradition
Extradition is not a rule. It depends upon the will of extraditing country. Each state
opines strongly that it has right to give asylum to a foreign national. It is duty of each country
either to punish the criminals or to return them to the countries where they have committed
crime. Practically extradition is possible between the two countries, if there is a treaty between
them to extradite the criminals. For Ex. India has such treaties with England, America, Canada
etc. The following are the essential conditions for extradition.
1. Treaty
The first and most important condition for extradition is the existence of extradition treaty
between the requested state and requesting state. A state can’t claim extradition as of right. There
must be treaty between two countries.
2. Political Offender
It is a worldwide accepted principle that the extradition between two countries can be
welcome in case of criminals only, and not for political offenders. In International Law, extradition
for political criminal is not permitted.
3. Military Offences
Military offences and activities are said to be not of a criminal nature and hence they are
said to be non-extraditable offence. Thus extradition is not allowed in case of military criminals.
4. Double Criminality
The principles of double criminality are also another essential condition for extradition.
The act of the person where extradition is claimed by requesting state must be a crime in both
the states i.e. in the requesting state & in requested state.
Bigamy is an offence in western countries. It is not an offence in Gulf countries (Islamic

countries). Polygamy is allowed in Islamic countries according to Islam. Therefore, a man
committed bigamy in Britain & fled away to Saudi Arabia, can’t be extradited.
5. Rule of Specialty
A person to be extradited should be tried for that particular offence only, for which
extradition was claimed and not for any other offence. It requires res-surrendering of that
person is no trial for that particular offence for which he was extradited is conducted. This rule
has been made to provide safeguard to the criminals against fraudulent extradition.
6. Extradition of own criminals
In many cases a person after committing a crime in a foreign country flees back to his
own country. Whether a state would extradite such person, to a state where crime has been
committed is a controversial point and there are different state practices on this issue. Model
treaty on extradition adopted by General Assembly in 1990 explains under Article 4 that
extradition may be refused if the person whose extradition is required is a national of the
requested state.
7. Conditions
The conditions & terms mentioned in the treaty between the two countries should
strictly be implemented by the country required extradition.
8. Prima Facie Evidence
There should be a prima facie evidence of the guilt of the accused. Before a person is
extradited, the territorial state must satisfy itself that there is a prima facie evidence against the
accused for which extradition is demanded.
9. Procedure
The country, to which the accused is extradited, should follow the procedure and trial
according to the law of that land.
10. Extradition and human right violation
A person is not extradited if he is subject to human rights violation in the requesting

state.
(5) Conclusion

4. ASYLUM
Q.1. Asylum ends, when extradition begins. Explain this statement with reference to the
principles of International Law in regard to fugitive criminal.
Q.2. Extradition and Asylum are the two sides of the same coin. The former begins when
the later comes to an end.
Q.3. What is meant by Asylum? What are the kinds of Asylum?
SYNOPSIS
(1) Introduction
(2) Definition of Asylum
(3) Kinds of Asylum
(4) Asylum ends when extradition starts
(5) Conclusion
(1) Introduction
The word asylum is Latin and derived from the Greek word. Asylum which means any
place of security. Asylum means a protection conferred on the criminal by the requested state.
Article 14 of the Universal Declaration of Human Rights, 1948 says everyone has a right to seek
and enjoy in other countries asylum from prosecution. Article 14 of the Universal Declaration of
Human Rights, 1948 simply recognizes the right of asylum, but it does not grant right to receive
asylum. A state may grant asylum to a person because any of the following reasons, -
1. It is granted to save a person on the ground that he will not get fair trial.
2. A person may be granted asylum on humanitarian ground.
3. National security also plays an important role in granting asylum.
Article 14 of the Universal Declaration of Human Rights, 1948 lays down that everyone
has a right to seek and enjoy in other countries asylum from persecution (harassment).
(2) Definition of Asylum
1. According to Institute of International Law– "Asylum means the protection which a state
grants on its territory to a person who comes to get it."
2. According to Oppenheim – "Asylum means a protection conferred on the criminals by the

requested state."
3. "Asylum means giving shelter and protection to those who are claiming it in order to protect
to themselves from harassment in a state."
(3) Kinds of Asylum
There are two kinds of asylum, they are

1. Territorial Asylum
When asylum is granted by a state on its territory, it is called territorial asylum. The
grant of asylum depends upon the dis-creation of a state which is not a legal obligation to grant
asylum to fugitive.
a. Bangladesh refugees flow into Indian since, 1971.

b. Pakistani refugees flow into India also in order to get protection.
2. Extra-territorial Asylum
When asylum is granted by state at place outside its own territory, it is called extra-
territorial asylum.
This type of asylum may also be granted in warship merchant vessels, consular premises
etc.
CASE LAW (Asylum Case) – Haya de la Torre’s case

Columbia vs. Peru, 1950, ICJ 266
Fact – A rebellion took place Peru in 1948, but failed. The Govt. issued an arrest warrant against
rebellion leaders. Haya de la Torre was one of the leaders against whom warrant was issued. He
sought asylum of Columbia Embassy, situate in Lima capital of Peru. Columbia granted asylum
on 03.01.1949, and wanted to take him to Columbia. Peru refused to leave him out of country
and arranged army around the Embassy of Columbian in Lima. So that Haya de la Torre should
not escape from the country. Columbia brought a suit against Peru govt. Peru Govt. contended
that Haya de la Torre was a criminal, and he should be extradited by Columbia. Columbia
contended that Torre was a political offender, and he was entitled to asylum.
Judgment – The International Court of Justice declared that Columbia was not bound to
surrender the refugee, treating Haya de la Torre as a political refugee.
(4) Asylum ends when extradition starts
The word asylum and extradition are antonyms. Asylum gives protection to refugee of
one nation by another nation. Extradition is the surrender of a criminal of one country by
another country. Both are mutually exclusive where one country wants to extradite one person,
it means that country does not want to give any protection or asylum to that person. Therefore,
to give asylum to that person does not arise under such circumstances, asylum stop. Extradition
and asylum are the two sides of the same coin. Extradition begins when the asylum comes to
end. It can also be said in another manner, "Asylum ends when extradition starts."
(5) Conclusion

5. STATE RESPONSIBILITY
Q.1. Explain the state responsibility for the wrongs committed towards alien.
Q.2. Explain the rule regarding the liability of a state for international delinquent.
Q.3. What are the categories of state responsibility?
SYNOPSIS
(1) Introduction
(2) Kinds of State Responsibility
(3) Occasions of State Responsibility
(4) State Responsibility for injury to aliens
(5) Conclusion
(1) Introduction
A state has certain obligations and responsibilities under International law. As rights and
duties are co-related with each other a right of one state is duty of another state whenever duty
is established by any rule of International law is breached or violated by any act or omission of a
state it is held responsible for the same.
Every state has to protect the interests of aliens, as per international law. It is every
states responsibility to compensate if any damage is caused to the aliens. State responsibility
may arise directly or indirectly. Direct responsibility means original responsibility which arises
from the organs of state Govt. The indirect responsibility is also known as vicarious
responsibilities which arise from the nationals of that state.
(2) Kinds of State Responsibility
The state responsibility may be incurred in two ways –
1. By the act of a state (Original)
When an act which constitutes a breach of an international obligation is committed by

the Government of a state, or by any person at Governments command or with its authorities,
the act is called the act of states and the state is held responsible for such wrongful act. This
responsibility of the state for its own act is called as "original responsibility".
2. By the act of Individual (Indirect/Vicarious liability)
The indirect responsibility is also known as vicarious responsibility, which arises from the
nationals of the state.
(3) Occasions of State Responsibility
The state responsibility arises in different occasion. They can be summarized in the
following heads.
1. State responsibility in international delinquency
Delinquency means wrong doing or an action against the law. An international

delinquency is any injury to another state committed by the Head or govt. of a state in violation
of an international legal duty. International delinquency is a wrongful act committed by a state

on the aliens of another state, directly or indirectly. Generally the remedy is pecuniary
compensation. Imputation means charge. State is responsible for its international
delinquencies, if there must be some states participation in the wrongful act.
CASE LAW – United State vs. Mexico, 1926
The incidents of this occurred in Mexico. The mayor of a city ordered Army to dispense
Americans in order to prevent their certain riots. The Army acted against the order of mayor
and fired at Americans. As a result, three Americans were died. It was imputed against Mexican
Govt. that army acted without authority & therefore, it was responsible for international
delinquency.
It was ordered Mexican Government to pay compensation to America.
2. State Responsibility for injury to aliens
Under International Law, aliens must be protected by every state. At the same time,
every alien must behave within the purview of the municipal law of the state in which he comes
for business tourism, official purpose etc. The state responsibility change depending upon the
circumstances there are three particular circumstances. They are -.
a. State responsibility for act of individuals.

b. State responsibility for act of mob-violence.
c. State responsibility for acts of insurgents.
a. State responsibility for act of individuals
If an alien is injured by wrong acts of a resident of a state, the wrongdoer shall be

punished according to the municipal law of that state and the appropriate compensation may
be awarded, and such compensation may be ordered to pay payable from that wrongdoer
individually. If the compensation is not sufficient the aggrieved alien may approach his own
country and initiate politically and in accordance with law to have justice.
b. State responsibility for act of mob-violence
A state is responsible for the harm caused to the aliens by mob-violence provided that it
is proven that the state had not taken due diligence to prevent it.
c. State responsibility for acts of insurgents
It is the responsibility of the state to try to prevent the violent act of revolutionaries.
Calvo Doctrine
Calvo propounded that principle of state responsibility in the times of civil war.
According to this Doctrine, no state is liable to pay any compensation to the injured alien at the
time of civil war of a state. This doctrine is received by all countries.
3. State responsibility for the act of government organs
If the government organs i.e. any department or any officer of a government commit
any injury to an alien, the state is responsible directly, and is liable to pay compensation.

4. State responsibility for contracts with foreigners
Generally states have contracts with each other & also certain contracts with foreigners
on commercial fields. If a state fails to comply the terms of a contract, the foreigner usually has
the remedies to ask the compensation from the state according to the municipal law of that
state. If local remedies are exhausted, the foreigner may approach his home state to take
political action against the default state, and institute legal proceedings in the International
Court of Justice through his home state0
5. State responsibility for breach of treaty
States do usually have treaties with each other. If one of the states violates the
conditions of the treaties, it shall be held responsible. However, the degree of responsibility
differs from case to case.
6. State responsibility in respect of expropriation of foreign property
The state is also responsible when it makes expropriation of a foreign property.
7. State responsibility for the act of multinational companies
Multi-national companies expand their business throughout the globe. Due to their
business tactics, greediness, they cause damage to the public of the Host country.
CASE LAW – Bhopal Gas Leak Disaster Union Carbide Corporation vs. Union of India
Union Carbide Corporation was a multinational company, manufacturing certain

chemicals, fertilizers, pesticides etc. It is Madhya Pradesh plant leaked and caused death of
6,000 person and caused serious injuries to more than 6,00,000 persons. The Supreme Court of
India imposed strict & absolute liability on the company & awarded 470 million dollars in full
settlement of claims. Judgment was delivered on 14.02.1980.
(5) Conclusion

6. UNITED NATIONS ORGANISATION
Q.1. Briefly state the purpose and the principles of United Nations.
Q.2. What are the principles and purposes of the United Nations Organization?
Q.3. What is the purpose and procedure of becoming member of UNO?
SYNOPSIS
(1) Introduction
(2) Purpose of United Nations
(3) Principles of United Nations
(4) Membership of UNO
(5) Principal organs of UNO
(6) Conclusion
(1) Introduction
The Sanfransisco Conference was held on 26.01.1945 for the purpose of creating
international peace & security and 51 countries had participated in it. The charter of the United
Nations was prepared in that conference, and it was ratified on 04.10.1945. As a result, United
Nations came into existence with effect from 24.10.1945, which day was later become famous
as United Nations day. The purpose to UNO is to maintain the international peace and security.
(2) Purpose of United Nations
Article 1 of the United Nations charter explains the purposes o the United Nations, they
are as follows –
1. International Peace & Security
Article 1 of the United Nations Charter explains the purposes of the United Nations. The
first and foremost purpose of the United Nations is to maintain International peace and security
and for that purpose to take effective collective measures for the prevention of the peace and
bring about by peaceful means & international law, adjustment or settlement of international
disputes which result into breach of peace.
2. Friendly relation
Another object of United Nations is to develop friendly relations among the nations in
the world.
3. Co-operation
The purpose of the United Nations is to achieve international co-operation in solving

international problems of an economic, social, cultural character etc. and to promote and
encourage respect for human rights.
(3) Principles of United Nations
Article 2 of the United Nations Charter explains the following principles of United
Nations.

1. Equality
The organization i.e. UNO is required to follow the principles of equality. The
organization is based on the principle of sovereign equality of all its members. There is no
difference between small countries and big countries. Small countries have equal voting rights
with the big countries.
2. Benefits
All members in order to ensure to all of them the rights and benefits resulting from
membership, shall full in good faith the obligations assumed by them in accordance with the
charter.
3. Settlement of Disputes
All members shall give the United Nations every assistance and all members shall settle
their international disputes by peaceful means in such a manner that international peace and
security & justice, are not disturbed.
4. Non-intervention
All members shall give the united nations every assistance in any action it take in
accordance with the present charter, and shall stop from giving assistance to any state against
which the United Nations is taking preventive action.
5. Non-members
The states which are not members of the United Nations are also required to be
following the rules & regulation of UNO. And the UNO is required to observe it that whether
any non-member is following it or not?
6. Domestic Jurisdiction
The UNO while carried out its functions not to interfere in domestic matters of state. It
means that the UNO can’t interfere in domestic matters of a state.
(4) Membership of UNO
Chapter 2 containing Article 3 to 6 o the Charter of UNO explains the provisions about
membership.
Article 3 says that the states which have participated in the first conference of UNO shall
be its members.
Article 4 says that the membership of UNO is open to all other peace loving states which
accept the obligations contained in the present chapter.
The admission of any state to membership in the UNO will be taken by the decision of
the General Assembly upon the recommendation of the Security Council.
Article 5 says that a member of the United Nations against which preventive action has
been taken by the Security Council may lose its membership.
Article 6 says that a member of UNO which has continuously violating the rules &
regulations on the charter of UNO may expel from the UNO by the General Assembly upon the
recommendation of the Security Council.
The total strength of membership of UNO today is 185.

7. PRINCIPAL ORGANS OF UNO
The following are the important principal organs of the UNO.
1. General Assembly
2. Security Council
3. The International Labour Organization
4. World Trade Organization
5. World Health Organization
(1) GENERAL ASSEMBLY

(1) Introduction
The UNO has six main organs, out of which the General Assembly is the main organ. It is
the head of the UNO. Chapter IV of the United Nations charter explains about the General
Assembly. Chapter IV contains Articles 9 to 22.
(2) Composition
According to Article 9 of the charter the General Assembly consists all members of the
United Nations (UNO). Each member is to send more than five representatives to the General
Assembly. According to Article 10, each member has one vote, irrespective of its size and
population.
(3) Functions and Powers
The General Assembly meets once in a year. It can also meet on special occasion if
required by the Security Council or by majority of the members of UNO. It discusses the
problems of the world. It also investigate, reviews & supervises the works of others
organizations of UNO. The UNO has 18 other organization which helps the UNO to carry out its
functions properly. The General Assembly has the following important functions and powers.
1. Power to discuss about the work of UNO
The General Assembly has power to discuss any questions or any matter relating to the
powers & functions of the UNO. It shall discuss the matters relating to maintenance of
international peace and security. It may call the attention of the Security Council to situations
which are likely to endanger international peace & security.
The General Assembly shall make recommendations for the purpose of promoting
international co-operations among nations. It shall also make recommendations promoting
international co-operations in the political field, economic, social, cultural, educations & health
fields.
2. Supervisory Functions
The General Assembly is the important organ of the UNO. It is the head of the UNO. It
supervises the work of other important organs of the UNO. The UNO has 18 other organizations
like ILO, WHO, WTO etc. and 14 major programs and funds. The General Assembly keeps control
over these organs. These organs shall have to submit their annual reports to the General
Assembly.

3. Financial Functions
Article 17 of the charter of the UNO provides that the General Assembly considers &
approves the budget of other organizations of UNO. The expenses of the organization are borne
by the members as apportioned by the General Assembly. It shall consider and approve any
financial and budgetary arrangement with specialized agencies. Any member, which has to pay
arrears to the UNO, shall have no voting right, until it pays its arrears.
4. Elective Functions
The General Assembly also performs certain elective functions. Any new member of
UNO is admitted after election only. Admission of a new member, expulsion of any existing
member etc. depend upon the elective functions of the General Assembly. Besides it, there are
other organs, the members of which shall be appointed on the basis of election only. The
General Assembly elects 10 Non-permanent members of the Security Council. It elects 54
members of the Economic and social council. It also elects the judges of the International Court
of Justice etc. The five permanent members have no veto rights in the General Assembly. It shall
elect its president for each session i.e. each other organs of the UNO.
5. Power to amend the charter of UNO
The charter of UNO can only be amended by the active part of the General Assembly.
The amendment of the charter shall come into force for all members of the UNO, when the
General Assembly adopts by a vote of two-thirds of the members, and is ratified in accordance
with their respective processes by two-thirds of the members of the UNO including all the
permanent members of the Security Council.
(4) Resolution of the General Assembly
Decision of the General Assembly on important question shall be made by a two-thirds

majority of the members present and voting.
These questions shall include –
a. recommendations with respect to the maintenance of International peace & security.
b. the election of non-permanent members of security council.
c. the election of the members of the Economic & social council.
d. admission of new members.
e. expulsion of members etc.

(2) SECURITY COUNCIL
(1) Introduction
Articles 23-32 of chapter 5 of the charter of UNO explain about the Security Council.
Article 23 explains composition of it. Articles 24-26 explain functions & powers. Article 27
explains voting. Articles 28-32 explain about procedure.
(2) Object
The primary object of establishing the Security Council is to maintain the international
peace & security. It is most important organ of UNO. Article 24 provides that it is primary
responsibility on the Security Council to maintain the international peace & security.
(3) Composition
The Security Council consists of 15 members of the UNO. Out of 15 members, 5

members are permanent members i.e. Britain, America, Russia, China and France are the fiver
permanent members. The General Assembly elects ten other members of the UNO. These 10
members are non-permanent members of the Security Council. Non-permanent members shall
be elected for a term of two years. Each members of the Security Council shall have one
representative.
(4) Voting Rights
Each member of the Security Council has one representative. The Security Council takes
the decision basing on the voting. The decision requires an affirmative votes including the
affirmative votes of 5 permanent members, on all substantial matters i.e. having great
importance.
(5) Functions and Powers of the Security Council
The Security Council is one of the important organs of UNO. It has the following
important functions and powers.
1. Maintenance of International peace & security
Maintenance of international peace and security is the primary function of the Security
Council. In discharging these duties the Security Council shall act in accordance with the
purpose and principles of the UNO.
2. Elective functions
The Security Council has certain elective functions. It has to elect the judges of the
International Court of Justice along with the General Assembly. It re-commends for the
appointment of Secretary General of the UNO.
3. Supervisory Function
The General Assembly as well as the Security Council has the supervisory functions. For
Ex. The Security Council imposed certain economic sanctions against Iraq. It has the supervisory

power to supervise whether these sanctions are strictly implemented or not. A member may be
expelled from the UNO. He may be re-admitted by the General Assembly on the
recommendations of the Security Council.
4. Power to amend the charter of UNO
The charter of the UNO can be amended. But, it can be possible only on the consent &
affirmative votes of all the permanent members of the Security Council. Article 108 provides
that Amendment to the present charter shall come into force for all members of UNO when
they have been adopted by a vote of two-third of the members of the General Assembly and
ratified by two-third members of the UNO, including all the permanent members of the Security
Council.

(3) INTERNATIONAL LABOUR ORGANIZATION (ILO)
(1) Introduction
The International Labour Organization is also one of the important organs of UNO. The
main purpose of this organization is to provide good health and freedom of life to workers.
The main objectives of the International Labour Organization are as follows –
1. The object of ILO is to provide full employment and to raise the living standard of the
workers in the world.
2. It’s another object is to grant right to workers to organize the trade union.
3. It also aims to provide minimum wages to workers.
4. It is also having an object to regulate the working hours of workers.
5. It also aims to abolish child labor.
6. It also aims to provide equal wages for equal work to workers.
7. Its another object is provide equal wages for women.
8. Its last and most important object is to provide safety working conditions to workers
where they work.
(2) Establishment
The ILO was established in 1919 as one of partner of League of Nations. Its Head Office is
situated at Geneva. It has become one of the organs of UNO from 14.12.1940 through a special
agreement. Its membership is open to all states.
(3) Composition
There are three main organs of the ILO. They are as follows.
1. General Conference
Each member state has to send four representatives. Out of these four representatives,
two belong to the state Government, and one representative of the one representative of the
workers and one representative of the employers. Therefore representatives of the same state
express different opinions in the discussion & voting. The General Conference takes the decision
in the form of conventions & recommendations which require the majority of two-third
members present & voting.
2. Governing Body
It consists of 54 members. They are elected by the General Conference. Out of 54

members, there are ten permanent seats are reserved for ten industrial developed states like
USA, England, France, Russia, China etc. The Governing Body supervises the functions of the ILO.

3. Secretariat
The ILO has its head-office in Geneva and its branches all over the world. The head of
the ILO is called secretariat. The Director General is the Chief Executive Officer of the ILO, who is
appointed by the Governing body.
(4) International Labour Code
The decision of the ILO in the form of conventions & recommendations, combined
together are called, "International Labour Code". Each member state has the obligation to
implement the conventions of the ILO through its state legislature. However, there is no
obligation to implement the recommendations of the ILO, as they are recommendatory in
nature & not compulsory. The state may implement the recommendations with its own will and
pleasure.

(4) WORLD TRADE ORGANIZATION
(1) Introduction
GATT is an abbreviated form of "General Agreement on Tariffs and Trade". It is also

called as "World Trade Organization".
GATT was established in 1947. At the time of its establishment, the number of member
states was only 22. But it gradually increased to 117 in the year 1995 India signed GATT, and
was admitted as a member in WTO. China has submitted her application for membership in
WTO, 1995.
(2) Object
The object of GATT is to develop the trade and commerce in private sector. GATT is
universally recognized. United Nations Organization also recognized it. The members of the
GATT shall have to follow the rules and conditions imposed by it. Now, 93% of the global
commerce is in the hands of the GATT. GATT solves any conflicts, disputes between the
members. It controls the World’s Trade and Commerce amicably.
GATT was established in 1947. Since 1947-1993, there were 8 rounds of discussion
between the member states to formulate the rules & regulations first discussion were
conducted in 1947 in Havana, second in 1949 in France, third in Britain (1950-51), fourth, fifth
and sixth round discussion in Geneva (1955-56, 1960-61, 1964-67), seventh round in Tokyo
(1973-79). The last one was held in Uruguay at Patna-d Estate from 1986 to 1993. This last and
eight round discussions are now famous as "Uruguay Rounds". During these rounds only, the
most conflicted "Dunkel Draft" was drafted to regulate the commercial relations between the
states.
The purpose of GATT is to develop free trade commerce throughout the world. The
primary object of it is to develop the under develop countries and to protect their right to do
their business without any conditions and will of the developed nations.
The Uruguay Rounds which were ended on 15.12.1993 drafted this "Dunkel Draft" which
contains the rules & regulations of WTO for the purpose to develop trade & commerce in the
world. Near about 111 countries signed this Draft India also signed it.

(5) WORLD HEALTH ORGANIZATION
(1) Introduction
The World Health Organization was established on 07.04.1948, and had become a
permanent organization of the UNO with effect from 1st. Sep. 1948. It is head quarter situated
at New York. The membership is open to sovereign states. WHO is the one of the largest organ
of the UNO.
(2) Definition of Health
According to WHO, "Health is not merely the absence of disease or infirmity but it
includes further more i.e. Health is a state of complete physical, mental & social being."
(3) Aims and Objects of the WHO
The aims & objects of WHO are as under –
1. The main object of WHO is to help the state in strengthen their health service and to
give them technical assistance.
2. The another object of WHO is to make plans to eradicate diseases and to implement
them.
3. The last and most important organ of WHO is to improve the Health of the people and
for the purpose to make conventions and agreements on matters of Health.
(4) Composition
WHO has mainly three organs, -
1. General Assembly
It consists of all members. Each member can send three representatives for session,
which will be held once in a year. Each member has one vote. It formulates policy matters and
passes budget of the organization. It elects the Executive Board and the Director.
2. Executive Board
There are 24 members, who are elected by the Assembly. They have superior technical
knowledge and education on Health. Executive Board implements the decision taken by the
Assembly.
3. Secretariat
Director is the Chief Executive Officer of the secretariat who is appointed by the
Assembly.
Thus, we can say that WHO is really a most important International Organization as it
works for improvement of the Health of the people and to provide them healthy health. It has
rendered significant services to the entire world. It has been continuously doing efforts in
eradicating diseases such as malaria, T.B., Small Pox, Cancer, and AIDS etc.

8. SOURCES OF INTERNATIONAL LAW
Q.1. What are the sources of International Law?
Q.2. Critically examine the sources of International Law.
Q.3. Define International Law and Describe the sources of this law as recognized by the statute
of the International Court of Justice.
Q.4. What are the various sources of International Law. Examine custom as a source of
International Law.
Q.5. Explain the role of judiciary in the development of International Law.
SYNOPSIS
(1) Introduction
(2) Definition of International Law
(3) Sources of International Law
1. International Convention
2. International Treaties
3. International Custom
4. General Principles of Law recognized by Civil Nations
5. Judicial Decisions
6. Juristic Opinion
7. Resolutions of the General Assembly
8. Resolutions of the Security Council
9. Decisions of the Judicial or Arbitral Tribunals
10. Decisions of the organs of the international institutions
11. Equity and justice etc.
(4) Conclusion
(1) Introduction
Sources of International Law means, the methods or the procedures by which

International Law is created. There are various methods or the procedure by which
International Law is created. International Law means the body of the rules and regulations
recognized & applied by the United Nations while settling the disputes between two states at
international level. The main object of International Law is to maintain international peace &
security in the world and to develop friendly relations among the states as well as to develop
co-operative relation among the states in the world. There are various sources by which
International Law is created like International Convention, International Treaty, International
Court of Justice, Resolutions of General Assembly, Resolutions Security Council etc. by which
International Law is created.
1. "International Law means the body of rules and regulations applied and recognized by
United Nations while settling the disputes between two states."
2. "International Law means the body of rules and principles of action which are binding
upon civilized states in their relations to one another."

3. "International Law means such body of rules & regulations which is applicable to the
whole world in order to maintain international peace and security in the world."
(3) Sources of International Law
The following are the important sources of International Law.
1. International Convention
Primarily, International Law is not so strong like that of a Municipal Law. A Municipal
Law in a state is stronger and has binding force within the territories of that state whereas
International Law has no such binding force. It acquires binding force by agreeing of opinions of
states. This can be done by conventions. Examples of conventions are –
1) Convention on the Law of the Sea 1982,

2) Geneva convention on the territorial zone, 1958,
3) Hague convention for the suppression of unlawful seizure of Aircraft, 1970,
4) Vienna convention on the law of the treaties, 1969,
5) Vienna convention on Diplomatic Relations, 1961, etc.
When a state signs a convention or a treaty or an agreement then the signatory state is
bound to follow the terms & conditions of that convention or treaty or an agreement. Such
convention or treaty or an agreement have binding force in International Law. Such agreement
and conventions create International Law and in this way they become the source of
International Law.
2. International Treaties
International treaty means agreement between two nations at international level. The
international treaty creates some rules and regulations and they are binding upon the state who
made at & signed over it. Such treaty creates international law and in this way becomes the
source of law.
3. International Custom
Custom is considered to be an important source of international law. These customary

rules of international law are developed by a long process and they are recognized as such by
the international community.
4. General Principles of Law recognized by Civil Nations
Article 38(i)(c) of the statute of the International Court of Justice provides that the
International Court of Justice shall apply the general principles of law recognized by civilized
nations. It is the third source of public International Law.
A general principle of law recognized by civil nations at international level becomes the
international law.
The following principle of law recognized as international law by the United Nations and
makes it International Law.
1. Principles of natural justice are the general principles recognized by civilized states.

2. Res-judicata, estoppel etc. are also the general principles of law recognized by United
Nations & also it becomes Public International Law.
5. Judicial Decisions
The Judicial Decisions of the International Court of Justice are also one of the sources of
international law. The rules and regulations which is made by the International Court of Justice
while deciding the international disputed becomes the international law. Thus this is also one of
the important sources of international law.
6. Juristic Opinion
The Juristic Opinion regarding International Law is also the source of International Law.
When any juristic opinion is helpful to the whole world then such opinion can be accepted for
the development of world and it can be made as international law.
7. Resolutions of the General Assembly
The General Assembly is the most important organ of UNO. The resolution passed by the
General Assembly upon any international matter or problem is also the important source of law
because this resolution further treated as international law.
8. Resolutions of the Security Council
Security Council is one of the most important organs of UNO. It is main function is to
maintain international peace and security in the world. The UNO has delegated law making
power to the Security Council in order to carry out its function effectively. Thus the Security
Council has power to make rules and regulations for the purpose to create international peace
& security in the world. The rules & regulations which is made by the Security Council by way of
resolutions becomes the international law that’s why it is called as one of the important source
of international law.
9. Decisions of the Judicial or Arbitral Tribunals
The decisions of the international Arbitral Tribunal is also one of the important source of
international law because the rules & regulations which is made by the international Arbitral
Tribunal while deciding any international disputes further becomes the public international law.
10. Decisions of the organs of the international institutions
Decisions of the organs of the international institutions are also one of the sources of
international law because the rules & regulations which is made by the decision of such organ is
also called as Public International Law.
11. Equity and justice etc.
The rules and regulations which is made by the International Court of Justice by applying
the principle of equity, justice & good conscience is also main source of international law
because international law can be made or created by this way also.
(4) Conclusion

9. RELATION BETWEEN INTERNATIONAL LAW & MUNICIPAL LAW
Q.1. Explain the theories of relationship between Municipal Law and International Law.
SYNOPSIS
(1) Introduction
(2) Theories of relationship between International Law and Municipal law
1. Monistic Theory
2. Dualistic Theory
3. Transformation Theory
4. Specific Adoption Theory
5. Delegation Theory
(3) Conclusion
(1) Introduction
International Law and Municipal Law are different. Municipal Law means the internal
law of the state. International Law and Municipal Law are two separate legal orders, existing
independently of one another. An internal law can’t become International Law. But an
international law can become Municipal Law in certain circumstances. Municipal Law has
binding force within the territories of a sovereign state. But in certain circumstances, an
international law may not have such binding force, unless & until the sovereign states
incorporates it in its Municipal Law.
(2) Theories of relationship between International Law and Municipal law
There are five theories which explain the relationship between International Law and
Municipal Law that is to say it explains what is the difference between International Law and
Municipal Law. They are as follows.
1. Monistic Theory
Mono means alone, single. According to this theory there is no difference between
International Law and Municipal Law because man is the root of all laws whether they are
international or internal. It means International Law and Municipal Law are the two branches of
a single tree.
Thus according to this theory there is no any difference between the International Law
and Municipal Law. They are the same one as both the laws are applicable to man.
Criticism
The critics of this theory say that Municipal Law and International Law are two separate
systems of law. Each state is sovereign and as such is bound by law.
According to the critics of this theory there is much difference between International
Law and Municipal Law and they are not same because the sources of International Law and
Municipal Law are totally different from each other. Similarly, the objects, subjects, origins etc.
of the Municipal Laws and International Laws are totally different from each other. Therefore, it
is not true to say that International Law and Municipal Law are the same one.

2. Dualistic Theory
According to Dualistic theory Municipal Law and International Law are two different
laws. They are two separate laws. Regarding the subject individual is the subject of Municipal
Law whereas state is the subject of International Law. Similarly, Municipal Law is the result of
the will of the people of that state. Whereas International Law is the result of the common will
of states. Municipal Law differs from state to state whereas International Law is common to all
states.
Difference between International Law and Municipal Law can be studied under the
following heads –
a. Sources
The source of Municipal Law is the legislation or sovereign authority of the state
whereas the source of International Law is the agreement between the two or more states i.e.
treaties.
b. Subjects
The subject of Municipal Law is the individual member of that state whereas the
subjects of International Law are states.
c. Origin
The Municipal Law originates from the will of the people, while International Law
originates from the common will of the states.
d. Nature
Municipal Law is having binding force because it is given by sovereign law making
authority and there is a sanction behind it whereas International Law is obligatory, there is not
sanction behind it.
e. Primary
As per Monistic Theory in case of conflict between International Law and Municipal,
international law shall prevail because the norms of International Law is superior that the norm
of Municipal Law whereas as per Dualistic Theory, in case of conflict between two, municipal
law shall prevail.
Criticism
It is not true to say that International Law is binding only on the states. International law
is in fact applicable to states, individuals & certain other non-state entities. It is also not true to
say that origin or source of International Law is common will of the states in spite of it of
International Law like International convention, custom, judicial decisions of International Court
of Justice etc.
3. Transformation Theory
According to this theory, the rules of International Law must undergo transformation
before they are applied in the field of Municipal Law. Without transformation they can’t be
applied in the field of Municipal Law.

Thus according to this theory unless and until the rules of International Law are included
in the municipal law they are not binding upon the state.
Criticism
It is not necessary for all the treaties to undergo the process of transformation for their
application in the field of Municipal Law. There are several laws making treaties which become
applicable to the states even without undergoing the process of transformation.
4. Specific Adoption Theory
According to this theory, international law cannot be directly enforced in the field of
state law. In order to enforce in the field of state law, it is necessary to makes its Specific
Adoption. International Law can be applied in the field of Municipal Law when the Municipal
Law either permits it or adopts it specifically. This view is generally followed by the states in
respect of International Treaties.
Thus, according to this theory the International Law can’t be applied in sovereign states
directly, unless & until that sovereign state specifically adopts that law by way of enactments.
Criticism
There are many rules of International Law which are applied in the field of Municipal
Law without Specific Adoption.
5. Delegation Theory
According to this theory International Constitution delegates power to the state to make
their Constitution. Thus according to this theory the entire Municipal Laws take birth from the
International Constitution. Therefore, the state while making any law is required to take into
consideration the provisions of its constitution as well as the rules of International Law. The
Municipal Law must not be violative of the provisions of International Law. Thus according to
this theory the state can’t make any law which is violative of the provisions of International Law.
Thus according to this theory International Law is Supreme Law and Municipal Law is sub-
ordinate to International Law.
Criticism
It is not true to say that all the Municipal Laws takes it birth from the International law.
It is also not true to say that the international law is supreme and municipal law is subordinate.
It is also not true to say that the state must not violate the provisions of International Law while
making Municipal Law. In practice, the state is not bound to take into consideration the
international law while making municipal law because international law is merely obligatory and
not compulsory unless & until it is specifically adopted by the state. The state is only bound to
take into consideration the provisions of its constitution while making any law in state. That, it
to say its law must not violation of its constitutional provisions.
(3) Conclusion

10. NATURE AND DEVELOPMENT OF INTERNATIONAL LAW
Q.1. Define Public International. What do you mean by Public International Law?
Q.2. Is International Law, really a law.
Q.3. Is International Law, a law in true sense or is it only International morality.
Q.4. What is meant by codification of International Law? What is the contribution of

various agencies towards codification of International Law?
Q.5. Who are the subjects of International Law?
Q. 6 Present International Law governs the rights and duties of individuals, non-state
entities and International Organizations rather states interest only. Comment on this
point.
SYNOPSIS
(1) Introduction
(3) Is International Law; a Law?
(4) Subjects of International Law
(5) Theories regarding the subject of International Law.
(6) Conclusion
(1) Introduction
International law is a concept of law. It comes into force only after 19th century. Prior to
the 19th century, the nations were not regulated in their actions with the other nations of the
world. But as more and countries participating in world affairs, need was felt for International
rules & regulations. Hence slowly the concept of International Law developed.
International Law is necessary to regulate the relation between two states at

international level. International law means the body of rules and regulations recognized and
applied by the United Nations to regulate relation between them.
The object of International Law is to maintain law and order in the world as well as to
maintain International peace in the world. It’s another object is to develop friendly & co-
operative relations among the states in the world.
1. "International law means the body of rules & regulations recognized and applied the
United Nations to solve International disputes."
2. "International law may be defined as body of rules and principles which are binding
upon civilized states in their relation to one another."
3. "International law means such body of rules and regulations which is applied within the
international community."

(3) Is International Law; a Law?
This is one of the most debated questions in International Law. There are two groups.
One group says International Law is not a law but merely a International morality while other
group says that it is a law.
The following are the main essential requirements of law.
1. There must be definite law making authority.
2. There must be a machinery and authority for the effective enforcement of these rules.
3. There must be an authority to ascertain the law in case of controversy or disputes.
When above conditions applicable to any rules and regulations then that rules and
regulations are only called as law. These conditions are present in municipal law that’s why
rules & regulations made by a state are called as laws. But these ingredients are not fully
applicable to International Law is not law in true sense.
The International Law is not called as Law because of the following reasons; -
1. Absence of Law making authority
In every legal system there is a sovereign law making authority. But there is no such
authority under International Law for all the countries in the world. But law making authority is
not essential element. It is one of the sources of Law. Presence or absence of law making
authority does not change the concept of law.
2. Absence of enforcement authority and sanction under International Law
There is no machinery which is vested with powers to enforce rules of International Law.
There is lack executive body for implementation and enforcement of International Law that’s
why the International rules are not called as law.
The above statement can’t be accepted because International Court of Justice is the
judicial organ of the UNO and its decisions are binding upon the parties to disputes. There
international law can be enforced by UNO & International Court of Justice.
3. No authority to ascertain the law in case of dispute
There is no independent International authority having jurisdiction to settle the

disputes. The jurisdiction of International Court of Justice is optional which makes International
law uncertain. As such there is no authority to ascertain the law in case of dispute. That’s why
International rules are not called as law.
It is true that there is no effective executive authority to enforce its decisions. But in fact
the decisions of the International Court of Justice can be enforced through Security Council and
Security Council takes proper measures to give effect to the judgment.
Thus, International Law, in fact, a law and it is wrong to say that it is a vanishing point of
jurisprudence. It certainly is a law.

(4) Subjects of International Law
Subject means falling under the control or authority of someone. Every subject i.e.
people of a country has rights and duties towards his Government. Every subject enjoys political
rights of that country. The subject of International Law includes the states or people or both.
This is the question arisen very often in International Law. There are three theories explaining
the subjects of International Law.
International is mainly concerned with the rights, duties and interest of the state. It lays
down the rules of conduct which the state are to obese. International law deals with rights &
duties of the state. Its rules are for the states to regulate their relationship with each other. But
International Law not only applies to the states but also applies to individuals and certain non-
state entities.
(5) Theories regarding the subject of International Law.
1. State alone is the subjects of International law/Realist Theory
According to this theory only states are the subject of International Law. It says that
International Law regulates the conduct of the state and state alone is the subject of
International law. International Law gives more importance and stress upon the state, their
sovereignty.
This theory explains that only states are subject of international law. And the individuals
are not subject of it.
2. Individual alone is the subject of International Law
According to this theory, individuals are the subject of International Law. The entire
populations of the world are the subject of International Law. This theory is opposite to former
theory. This theory criticizes the former theory that the former theory fails to explain the
position of slaves & pirates in the International Law.
3. States, individuals and certain non-state entities are subjects of International Law
This third theory co-ordinates the first two theories. According to this theory, states,
individuals & certain non-states entities are the subject of International Law. The recent
conventions i.e. convention of Human Right 1966 and also Anti-terrorism and Human Right
Convention 1994 etc. proved that the International Law recognized individuals as the subject of
it.
(6) Conclusion
In the end it can be said that, the states are not only the subjects of International Law.
There is no doubt that states are still the main subjects of International Law and most part of
International Law concerns with the conduct & relations of state with each other, but in view of
the developing & changing character of International Law, international organization some non-
state entities are international law.

11. STATE JURISDICTION
Q.1. Explain the Domestic Jurisdiction of a state as lay down in the UNO charter.
Q.2. Discuss the scope of the territorial jurisdiction of states.
Q.3. Briefly explain the exemptions from and restriction upon the powers of territorial
jurisdiction of states.
SYNOPSIS
(1) Introduction
(2) Exercise of Jurisdiction and Basis of Jurisdiction
(3) Extra-Territorial Jurisdiction
(4) Immunities from territorial Jurisdiction or Exception to the State Jurisdiction
(5) Conclusion
(1) Introduction
Each state has its own territory and has its own territorial jurisdiction over its people,
property etc. Each state is sovereign i.e. supreme within its territories. It can make laws civil or
criminal for its people. It is called, "territorial jurisdiction of a state." Under International Law,
all states enjoy full freedom in its territories. The internal law protects the law-abiding citizens
of that country. The state punishes the wrongdoer who violates the municipal law.
(2) Exercise of Jurisdiction and Basis of Jurisdiction
For the purpose of exercise of territorial jurisdiction, the customary law recognizes the
state territory as follows; it means the state territory includes the following things.
a. the land situate within the boundaries of a state recognized by international law, over
which the state has its control and power.
b. territorial sea, according to the law of sea.
c. a ship bearing the flag of the state wishing to exercise.
d. ports.
If any person commits any crime in any territory which mentioned above then that
person shall be punished by that where he commits crime according to its law either it may be
citizen or non-citizens.
(3) Extra-Territorial Jurisdiction
Where a state extends its jurisdiction beyond its territorial jurisdiction then it is called as
extra territorial jurisdiction.
If any person commits crime upon any foreign ship not belonging to his own country
then the country on who’s the offence has committed has jurisdiction to punish the offender
though the offence is committed outside its territory.

(4) Immunities from territorial Jurisdiction or Exception to the State Jurisdiction
Immunity has been defined as an exemption from any charge, duty or tax. International
law confers exemptions and immunities from territorial jurisdiction on certain individual and
entities, these are called immunities from territorial jurisdiction. It means that state can’t
exercise its jurisdiction upon the following individuals & entities.
1. Diplomatic agents
Diplomatic agents are representative of independent states. They are exempted from
the jurisdiction of state. It means that state can’t exercise its jurisdiction over them.
2. Foreign sovereigns
Foreign sovereign means the supreme authority of a foreign country such as president,
prime minister of a foreign country etc. are also exempted from state jurisdiction.
3. Public properties of foreign sovereign states.
Like the immunity to foreign sovereigns, the immunity is also provided in respect of
public properties of foreign sovereign states. It means that the state cannot attach the property
of foreign sovereign states while exercising its jurisdiction.
4. International Organization
All International Organization are international persons. They are equivalent with the
sovereign states. Therefore, they enjoy the immunity from the territorial jurisdiction with the
similar status of sovereign states.
5. Extradition Treaties
Extradition treaties are also exempted from the territorial jurisdiction of state.
6. Foreign Troops
Sometimes, a state allows another state to have free passage of foreign troops in its
territory. It means the state which grants the free passage, waives its rights & grants immunity
to those foreign troops. For Ex. In the war of Iraq-Kuwait, Saudi Arabia granted free passage i.e.
entry to foreign troops consisting of America, Russia, France, England etc. against Iraq. The
foreign troops which were allowed in Saudi Arabia enjoyed the immunity from territorial
jurisdiction of Saudi Arabia.
(5) Conclusion

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1.

Q.1. Examine the international importance of nationality.

Q.2. How is the nationality of a person determined in international law?

Q.3. Explain the various modes of acquisition and loss of nationality?

Q.4. Write a short note on statelessness and double nationality.

Q.5. What are the legal effects of statelessness?

(2) Meaning of Nationality

1. "Nationality means an identity as a member of a certain state."

(3) Modes of Acquisition of Nationality

A nationality may be acquired by any of the following modes.

Sachin Kale… Dayanand Law College, Latur. Page 1

Naturalize means to admit alien to citizenship. Nationalization is the second and

(4) Loss of Nationality

A nationality may be lost by any of the following ways –

5. By long standing residence

(5) Double Nationality/Dual Nationality

Sachin Kale… Dayanand Law College, Latur. Page 3

Sachin Kale… Dayanand Law College, Latur. Page 4

A stateless person is a person having no nationality of any country. In fact statelessness

(4) Position of Statelessness

Statelessness is a burning problem in International Law now. The convention on the

Sachin Kale… Dayanand Law College, Latur. Page 5

Extradition means delivery of a criminal by one country to other country on sufficient

(2) Definition of Extradition

2. According to Oppenheim – "Extradition is to delivery of an accused or a convicted individual t

(3) Purpose of Extradition

Sachin Kale… Dayanand Law College, Latur. Page 6

(4) Essential Condition for Extradition

Bigamy is an offence in western countries. It is not an offence in Gulf countries (Islamic

6. Extradition of own criminals

8. Prima Facie Evidence

10. Extradition and human right violation

A person is not extradited if he is subject to human rights violation in the requesting

Sachin Kale… Dayanand Law College, Latur. Page 8

Q.3. What is meant by Asylum? What are the kinds of Asylum?

2. A person may be granted asylum on humanitarian ground.

3. National security also plays an important role in granting asylum.

(2) Definition of Asylum

2. According to Oppenheim – "Asylum means a protection conferred on the criminals by the

(3) Kinds of Asylum

There are two kinds of asylum, they are

Sachin Kale… Dayanand Law College, Latur. Page 9

a. Bangladesh refugees flow into Indian since, 1971.

CASE LAW (Asylum Case) – Haya de la Torre’s case

(4) Asylum ends when extradition starts

Sachin Kale… Dayanand Law College, Latur. Page 10

Q.3. What are the categories of state responsibility?

(2) Kinds of State Responsibility

The state responsibility may be incurred in two ways –

1. By the act of a state (Original)

When an act which constitutes a breach of an international obligation is committed by

2. By the act of Individual (Indirect/Vicarious liability)

(3) Occasions of State Responsibility

1. State responsibility in international delinquency

Delinquency means wrong doing or an action against the law. An international

Sachin Kale… Dayanand Law College, Latur. Page 11

CASE LAW – United State vs. Mexico, 1926

It was ordered Mexican Government to pay compensation to America.

2. State Responsibility for injury to aliens