https://vuhelp.net/ Sun, 15 Nov 2026 03:24:19 +0000 MyBB https://vuhelp.net/Thread-Helping-material-on-International-law Wed, 31 Oct 2012 15:03:34 -0400 ahmad4212]]> https://vuhelp.net/Thread-Helping-material-on-International-law
  SOURCES OF INTERNATIONAL LAW.pdf (Size: 188.94 KB / Downloads: 2439)

  Sources of international law00.pdf (Size: 188.3 KB / Downloads: 872)

  International Law - A Cosmopolitan Philosophy of International Law, A Realist Approach (Kant & H.pdf (Size: 155.57 KB / Downloads: 1452)

  International Law by Antonio Cassese - Clear And Comprehensive Guide For Int Law Students.pdf (Size: 39.08 KB / Downloads: 650)

  vienna terrety.pdf (Size: 152.02 KB / Downloads: 518)

  SOURCES OF INTERNATIONAL.pdf (Size: 348 KB / Downloads: 1020)

  laws of the sea.pdf (Size: 957.32 KB / Downloads: 797)

  ILO.pdf (Size: 41.14 KB / Downloads: 487) ]]>
  SOURCES OF INTERNATIONAL LAW.pdf (Size: 188.94 KB / Downloads: 2439)

  Sources of international law00.pdf (Size: 188.3 KB / Downloads: 872)

  International Law - A Cosmopolitan Philosophy of International Law, A Realist Approach (Kant & H.pdf (Size: 155.57 KB / Downloads: 1452)

  International Law by Antonio Cassese - Clear And Comprehensive Guide For Int Law Students.pdf (Size: 39.08 KB / Downloads: 650)

  vienna terrety.pdf (Size: 152.02 KB / Downloads: 518)

  SOURCES OF INTERNATIONAL.pdf (Size: 348 KB / Downloads: 1020)

  laws of the sea.pdf (Size: 957.32 KB / Downloads: 797)

  ILO.pdf (Size: 41.14 KB / Downloads: 487) ]]> https://vuhelp.net/Thread-Montevideo-Convention Wed, 31 Oct 2012 14:52:49 -0400 ahmad4212]]> https://vuhelp.net/Thread-Montevideo-Convention [FONT=&quot]Article 1[/FONT]
[FONT=&quot]The state as a person of international law should possess the following qualifications:[/FONT]
[FONT=&quot]a.[/FONT]
[FONT=&quot]a permanent population;[/FONT]
[FONT=&quot]b.[/FONT]
[FONT=&quot]a defined territory;[/FONT]
[FONT=&quot]c.[/FONT]
[FONT=&quot]government; and[/FONT]
[FONT=&quot]d.[/FONT]
[FONT=&quot]Capacity to enter into relations with the other states.[/FONT]
[FONT=&quot]Article 2[/FONT]
[FONT=&quot]The federal state shall constitute a sole person in the eyes of international law.[/FONT]
[FONT=&quot]Article 3[/FONT]
[FONT=&quot]The political existence of the state is independent of recognition by the other states. Even before recognition the state has the right to defend its integrity and independence, to provide for its conservation and prosperity, and consequently to organize itself as it sees fit, to legislate upon its interests, administer its services, and to define the jurisdiction and competence of its courts. The exercise of these rights has no other limitation than the exercise of the rights of other states according to international law.[/FONT]
[FONT=&quot]Article 4[/FONT]
[FONT=&quot]States are juridically equal, enjoy the same rights, and have equal capacity in their exercise. The rights of each one do not depend upon the power which it possesses to assure its exercise, but upon the simple fact of its existence as a person under international law.[/FONT]
[FONT=&quot]Article 5[/FONT]
[FONT=&quot]The fundamental rights of states are not susceptible of being affected in any manner whatsoever.[/FONT]
[FONT=&quot]Article 6[/FONT]
[FONT=&quot]The recognition of a state merely signifies that the state which recognizes it accepts the personality of the other with all the rights and duties determined by international law. Recognition is unconditional and irrevocable.[/FONT]
[FONT=&quot]Article 7[/FONT]
[FONT=&quot]The recognition of a state may be express or tacit. The latter results from any act which implies the intention of recognizing the new state.[/FONT]
[FONT=&quot]Article 8[/FONT]
[FONT=&quot]No state has the right to intervene in the internal or external affairs of another.[/FONT]
[FONT=&quot]Article 9[/FONT]
[FONT=&quot]The jurisdiction of states within the limits of national territory applies to all the inhabitants. Nationals and foreigners are under the same protection of the law and the national authorities and the foreigners may not claim rights other or more extensive than those of the nationals.[/FONT]
[FONT=&quot]Article 10[/FONT]
[FONT=&quot]The primary interest of states is the conservation of peace. Differences of any nature which arise between them should be settled by recognized pacific methods.[/FONT]
[FONT=&quot]Article 11[/FONT]
[FONT=&quot]The contracting states definitely establish as the rule of their conduct the precise obligation not to recognize territorial acquisitions or special advantages which have been obtained by force whether this consists in the employment of arms, in threatening diplomatic representations, or in any other effective coercive measure. The territory of a state is inviolable and may not be the object of military occupation nor of other measures of force imposed by another state directly or indirectly or for any motive whatever even temporarily.[/FONT]
[FONT=&quot]Article 12[/FONT]
[FONT=&quot]The present Convention shall not affect obligations previously entered into by the High Contracting Parties by virtue of international agreements.[/FONT]
[FONT=&quot]Article 13[/FONT]
[FONT=&quot]The present Convention shall be ratified by the High Contracting Parties in conformity with their respective constitutional procedures. The Minister of Foreign Affairs of the Republic of Uruguay shall transmit authentic certified copies to the governments for the aforementioned purpose of ratification. The instrument of ratification shall be deposited in the archives of the Pan American Union in Washington, which shall notify the signatory governments of said deposit. Such notification shall be considered as an exchange of ratifications.[/FONT]
[FONT=&quot]Article 14[/FONT]
[FONT=&quot]The present Convention will enter into force between the High Contracting Parties in the order in which they deposit their respective ratifications.[/FONT]
[FONT=&quot]Article 15[/FONT]
[FONT=&quot]The present Convention shall remain in force indefinitely but may be denounced by means of one year's notice given to the Pan American Union, which shall transmit it to the other signatory governments. After the expiration of this period the Convention shall cease in its effects as regards the party which denounces but shall remain in effect for the remaining High Contracting Parties.[/FONT]
[FONT=&quot]Article 16[/FONT]
[FONT=&quot]The present Convention shall be open for the adherence and accession of the States which are not signatories. The corresponding instruments shall be deposited in the archives of the Pan American Union which shall communicate them to the other High Contracting Parties.[/FONT]
[FONT=&quot]In witness whereof, the following Plenipotentiaries have signed this Convention in Spanish, English, Portuguese and French and hereunto affix their respective seals in the city of Montevideo, Republic of Uruguay, this 26th day of December, 1933.[/FONT]]]> [FONT=&quot]Article 1[/FONT]
[FONT=&quot]The state as a person of international law should possess the following qualifications:[/FONT]
[FONT=&quot]a.[/FONT]
[FONT=&quot]a permanent population;[/FONT]
[FONT=&quot]b.[/FONT]
[FONT=&quot]a defined territory;[/FONT]
[FONT=&quot]c.[/FONT]
[FONT=&quot]government; and[/FONT]
[FONT=&quot]d.[/FONT]
[FONT=&quot]Capacity to enter into relations with the other states.[/FONT]
[FONT=&quot]Article 2[/FONT]
[FONT=&quot]The federal state shall constitute a sole person in the eyes of international law.[/FONT]
[FONT=&quot]Article 3[/FONT]
[FONT=&quot]The political existence of the state is independent of recognition by the other states. Even before recognition the state has the right to defend its integrity and independence, to provide for its conservation and prosperity, and consequently to organize itself as it sees fit, to legislate upon its interests, administer its services, and to define the jurisdiction and competence of its courts. The exercise of these rights has no other limitation than the exercise of the rights of other states according to international law.[/FONT]
[FONT=&quot]Article 4[/FONT]
[FONT=&quot]States are juridically equal, enjoy the same rights, and have equal capacity in their exercise. The rights of each one do not depend upon the power which it possesses to assure its exercise, but upon the simple fact of its existence as a person under international law.[/FONT]
[FONT=&quot]Article 5[/FONT]
[FONT=&quot]The fundamental rights of states are not susceptible of being affected in any manner whatsoever.[/FONT]
[FONT=&quot]Article 6[/FONT]
[FONT=&quot]The recognition of a state merely signifies that the state which recognizes it accepts the personality of the other with all the rights and duties determined by international law. Recognition is unconditional and irrevocable.[/FONT]
[FONT=&quot]Article 7[/FONT]
[FONT=&quot]The recognition of a state may be express or tacit. The latter results from any act which implies the intention of recognizing the new state.[/FONT]
[FONT=&quot]Article 8[/FONT]
[FONT=&quot]No state has the right to intervene in the internal or external affairs of another.[/FONT]
[FONT=&quot]Article 9[/FONT]
[FONT=&quot]The jurisdiction of states within the limits of national territory applies to all the inhabitants. Nationals and foreigners are under the same protection of the law and the national authorities and the foreigners may not claim rights other or more extensive than those of the nationals.[/FONT]
[FONT=&quot]Article 10[/FONT]
[FONT=&quot]The primary interest of states is the conservation of peace. Differences of any nature which arise between them should be settled by recognized pacific methods.[/FONT]
[FONT=&quot]Article 11[/FONT]
[FONT=&quot]The contracting states definitely establish as the rule of their conduct the precise obligation not to recognize territorial acquisitions or special advantages which have been obtained by force whether this consists in the employment of arms, in threatening diplomatic representations, or in any other effective coercive measure. The territory of a state is inviolable and may not be the object of military occupation nor of other measures of force imposed by another state directly or indirectly or for any motive whatever even temporarily.[/FONT]
[FONT=&quot]Article 12[/FONT]
[FONT=&quot]The present Convention shall not affect obligations previously entered into by the High Contracting Parties by virtue of international agreements.[/FONT]
[FONT=&quot]Article 13[/FONT]
[FONT=&quot]The present Convention shall be ratified by the High Contracting Parties in conformity with their respective constitutional procedures. The Minister of Foreign Affairs of the Republic of Uruguay shall transmit authentic certified copies to the governments for the aforementioned purpose of ratification. The instrument of ratification shall be deposited in the archives of the Pan American Union in Washington, which shall notify the signatory governments of said deposit. Such notification shall be considered as an exchange of ratifications.[/FONT]
[FONT=&quot]Article 14[/FONT]
[FONT=&quot]The present Convention will enter into force between the High Contracting Parties in the order in which they deposit their respective ratifications.[/FONT]
[FONT=&quot]Article 15[/FONT]
[FONT=&quot]The present Convention shall remain in force indefinitely but may be denounced by means of one year's notice given to the Pan American Union, which shall transmit it to the other signatory governments. After the expiration of this period the Convention shall cease in its effects as regards the party which denounces but shall remain in effect for the remaining High Contracting Parties.[/FONT]
[FONT=&quot]Article 16[/FONT]
[FONT=&quot]The present Convention shall be open for the adherence and accession of the States which are not signatories. The corresponding instruments shall be deposited in the archives of the Pan American Union which shall communicate them to the other High Contracting Parties.[/FONT]
[FONT=&quot]In witness whereof, the following Plenipotentiaries have signed this Convention in Spanish, English, Portuguese and French and hereunto affix their respective seals in the city of Montevideo, Republic of Uruguay, this 26th day of December, 1933.[/FONT]]]> https://vuhelp.net/Thread-Discuss-the-composition-and-functions-of-the-security-council-2004 Fri, 07 Sep 2012 15:46:38 -0400 vustudents]]> https://vuhelp.net/Thread-Discuss-the-composition-and-functions-of-the-security-council-2004 1. Introduction:
Security council is the principal organ of the united nations. it is a continuously functioning body. it acts on behalf of the united nation. the primary responsibility of security council is to maintain peace at the international level. security council has to perform the work of an executive nature.
2. Historical background:
The Dumbarton Oaks proposals had envisaged the need for an executive organ of limited membership, which would be entrusted with primary responsibility of maintenance of international peace and security the failure of league council surfaced the need of a small executive organ, functioning continuously and be able to take decisions promptly in order to bring into motion the enforcement mechanism provided in chapter VI of the charter of united nations. finally in San Francisco it was decided to establish such a body in form of security council.
3. Composition of security council:
Total members:
Total members of the security council are 15.
(a) Permanent members:
There are 5 permanent members which are following.
(i) China.
(ii) Russia.
(iii) France.
(iv) United States of America.
(v) United Kingdom.
(b) Non- Permanent members:
There are 10 non- permanent members of the council. they are elected by the general assembly of the united nation for two years.
Geographical allocation of seats:
According to 1991 resolution 28-A the geographical allocation of seats of non- permanent member are as under.
AFRO Asia = 5
Eastern Europe =1
Western Europe =2
Latin America 2
Total 10
4. Voting procedure:
A negative vote caste by member is called vote. each member of the security council shall have one vote. the decisions of the security council on procedural matter shall be made by an affirmative vote of nine members and decisions on all other matters shall be made by an affirmative vote of nine members including the concerning votes of the permanent members provided that in decisions under chapter VI and article 52 under paragraph 3, a party to dispute shall abstain from voting.
5. Veto power of security council:
Article 2793) lays down that the permanent members of the council shall have power to prevent by their sole votes, the making of decision by the council.
6. President of security council:
Security council elects a president for presiding its meeting. security council is free to decide on the methods of selecting its president.
(i) Election of president:
He is elected by rotation on a monthly basis in the English Alphabetical order of the names of members of security council.
7. Functions and powers of security council:
Functions and powers of security council are as under.
I. Maintenance of international peace and security:
The purpose of creating UN as well as its security council was world peace in order to ensure prompt and effective action by the united nation the members states have conferred upon the security council the "primary responsibility" for maintenance of world peace and security.
(i) Ways to maintain world peace:
There are two ways to maintain world peace.
(a) Pacific settlement of disputes.
(b) Enforcement by action.
(a) Pacific settlement of disputes:
The parties to any dispute, the continuance of which is likely to endanger the maintenance of the international peace and security, shall first of all, seek solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements or other peaceful means of their own choice. the security council shall, when it deems necessary, call upon the parties to settle their dispute by such means.
(b) Enforcement of action:
Security council may call for military assistance from other members states for maintenance of world peace.
(ii) Role of security council in world peace:
Security council has played significant role in maintaining world peace and security in following, especially.
(i) Indonesia.
(ii) Palestine.
(iii) Congo.
(iv) Cyprus.
(v) Arab- Israel conflict 1973.
(vi) Afghanistan.
(vii) Indo- Pak conflict.
II. Elective functions:
The security council and the general assembly separately elect the judges of international court of justice and also recommends the appointment of the secretary general of the united nations. the security council elects its own president for presiding the meetings.
III. Supervisory functions:
The security council supervises the function of the organization as a whole although its supervisory functions are not wide as that of the general assembly but it has been conferred upon some very important functions in regard to the expulsion and suspension of the members it may not be wrong to content through this, it exercises supervision upon the united nation as whole according to article 5 "A member of the united nations against which preventive or enforcement action has been taken by the security council may be suspended from the exercise of the rights and privileges of membership by the general assembly upon the recommendation of the security council. the exercise of these rights and privileges may be restored by the security council.
IV. Constituent functions:
The security council amends the charter of united nation. according to article 108. 'amendment to the present charter shall come into force for all members of general assembly and ratified in accordance with their respective constitutional processes by two third of the members of the united nations, including the permanent members of the security council.
8. Binding character of the resolutions of the security council:
The member of the united nations agree to accept and carryout the decisions of the security council in accordance with the present charter.
9. Conclusion:
To conclude I can say that, the security council is one of the principal organs of the united nations. the maintenance of peace is the primary responsibility of security council. it has almost the character of a governmental body and ten non- per- manent members elected by the general assembly for two years. the functions of security council are, maintenance of international peace and security, appointment of judges of I. C. J, admission of new states etc. the resolution of security council are binding on all member states.

  Security Council.rtf (Size: 7.13 KB / Downloads: 495) ]]> 1. Introduction:
Security council is the principal organ of the united nations. it is a continuously functioning body. it acts on behalf of the united nation. the primary responsibility of security council is to maintain peace at the international level. security council has to perform the work of an executive nature.
2. Historical background:
The Dumbarton Oaks proposals had envisaged the need for an executive organ of limited membership, which would be entrusted with primary responsibility of maintenance of international peace and security the failure of league council surfaced the need of a small executive organ, functioning continuously and be able to take decisions promptly in order to bring into motion the enforcement mechanism provided in chapter VI of the charter of united nations. finally in San Francisco it was decided to establish such a body in form of security council.
3. Composition of security council:
Total members:
Total members of the security council are 15.
(a) Permanent members:
There are 5 permanent members which are following.
(i) China.
(ii) Russia.
(iii) France.
(iv) United States of America.
(v) United Kingdom.
(b) Non- Permanent members:
There are 10 non- permanent members of the council. they are elected by the general assembly of the united nation for two years.
Geographical allocation of seats:
According to 1991 resolution 28-A the geographical allocation of seats of non- permanent member are as under.
AFRO Asia = 5
Eastern Europe =1
Western Europe =2
Latin America 2
Total 10
4. Voting procedure:
A negative vote caste by member is called vote. each member of the security council shall have one vote. the decisions of the security council on procedural matter shall be made by an affirmative vote of nine members and decisions on all other matters shall be made by an affirmative vote of nine members including the concerning votes of the permanent members provided that in decisions under chapter VI and article 52 under paragraph 3, a party to dispute shall abstain from voting.
5. Veto power of security council:
Article 2793) lays down that the permanent members of the council shall have power to prevent by their sole votes, the making of decision by the council.
6. President of security council:
Security council elects a president for presiding its meeting. security council is free to decide on the methods of selecting its president.
(i) Election of president:
He is elected by rotation on a monthly basis in the English Alphabetical order of the names of members of security council.
7. Functions and powers of security council:
Functions and powers of security council are as under.
I. Maintenance of international peace and security:
The purpose of creating UN as well as its security council was world peace in order to ensure prompt and effective action by the united nation the members states have conferred upon the security council the "primary responsibility" for maintenance of world peace and security.
(i) Ways to maintain world peace:
There are two ways to maintain world peace.
(a) Pacific settlement of disputes.
(b) Enforcement by action.
(a) Pacific settlement of disputes:
The parties to any dispute, the continuance of which is likely to endanger the maintenance of the international peace and security, shall first of all, seek solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements or other peaceful means of their own choice. the security council shall, when it deems necessary, call upon the parties to settle their dispute by such means.
(b) Enforcement of action:
Security council may call for military assistance from other members states for maintenance of world peace.
(ii) Role of security council in world peace:
Security council has played significant role in maintaining world peace and security in following, especially.
(i) Indonesia.
(ii) Palestine.
(iii) Congo.
(iv) Cyprus.
(v) Arab- Israel conflict 1973.
(vi) Afghanistan.
(vii) Indo- Pak conflict.
II. Elective functions:
The security council and the general assembly separately elect the judges of international court of justice and also recommends the appointment of the secretary general of the united nations. the security council elects its own president for presiding the meetings.
III. Supervisory functions:
The security council supervises the function of the organization as a whole although its supervisory functions are not wide as that of the general assembly but it has been conferred upon some very important functions in regard to the expulsion and suspension of the members it may not be wrong to content through this, it exercises supervision upon the united nation as whole according to article 5 "A member of the united nations against which preventive or enforcement action has been taken by the security council may be suspended from the exercise of the rights and privileges of membership by the general assembly upon the recommendation of the security council. the exercise of these rights and privileges may be restored by the security council.
IV. Constituent functions:
The security council amends the charter of united nation. according to article 108. 'amendment to the present charter shall come into force for all members of general assembly and ratified in accordance with their respective constitutional processes by two third of the members of the united nations, including the permanent members of the security council.
8. Binding character of the resolutions of the security council:
The member of the united nations agree to accept and carryout the decisions of the security council in accordance with the present charter.
9. Conclusion:
To conclude I can say that, the security council is one of the principal organs of the united nations. the maintenance of peace is the primary responsibility of security council. it has almost the character of a governmental body and ten non- per- manent members elected by the general assembly for two years. the functions of security council are, maintenance of international peace and security, appointment of judges of I. C. J, admission of new states etc. the resolution of security council are binding on all member states.

  Security Council.rtf (Size: 7.13 KB / Downloads: 495) ]]> https://vuhelp.net/Thread-International-court-of-justice-does-not-have-jurisdiction-without Fri, 07 Sep 2012 14:36:03 -0400 vustudents]]> https://vuhelp.net/Thread-International-court-of-justice-does-not-have-jurisdiction-without Q. International court of justice does not have jurisdiction without the consent of the states. discuss fully. (2000)
Q. What is role and function of international court of justice. (2005)
1. Introduction:
International court of justice is the principal judicial organ of the united nations. the permanent court of international justices established by the League of nation 1920. after the establishment of united nation this court was named international court of international justice. only states may be parties before international court of justice. the rules and charter do not permit the individual to file petitions in the court. non members of the united nation may also become parties before the court. it is fact that international court of justice suffer from a number of defects.
2. Structure and composition of international court of justice:
Number of judges:
International court of judges consist of 15 judges.
Period of appointment:
The judges are appointed for the period of 9 years.
Official language of the court:
English and French.
Permanent headquarter of the court:
Hague is the permanent headquarater of the court.
Appointing authority of the judges:
Judges are appointed by the general assembly as well as security council.
Qurum of the Court:
Qurum for full bench of the court is nine judges.
Restriction:
No two judges can be national of the same state.
Re- election of judges:
Judges of the court can be re- elected.
Qualification for judges:
(i) Highly moral character.
(ii) Capable for appointment to the highest judicial official officers or.
(iii) Jurists consuls of recognized competence in the international law.
Retirement:
One third of total judges are retired after every three years.
3. States which are eligible to apply the court:
(i) Member states of the united nations.
(ii) Non- members of united nations.
4. Procedure for filing case in the court:
The states which are parties to the statue and other states who accepts the jurisdiction of the court submit a declaration to the registrar of the court that they will comply the decision of the court.
5. Jurisdiction of the court of international justice:
Following are types of the jurisdiction of international court of justice.
I. Voluntary jurisdiction:
Voluntary jurisdiction is such jurisdiction in which parties refer to the court by agreement. for decision of an international dispute. the dispute may be referred by one party or both the parties.
II. Obligatory jurisdiction:
Article 32(2) confers that the states who are parties to the present statute, may at any time declare that they recognize as compulsory IPSO facto and without special agreement, in relation to any other state accepting the same obligation.
Modes of declaration:
(i) Conditional.
(ii) Unconditional.
Matters regarding which dispute can be referred:
The parties to the statute may confer compulsory jurisdiction on the following matters:
(i) The international of a treaty.
(ii) Any question of international law.
(iii) The existence of any fact which if established would constitute a breach of an international obligation.
(iv) The nature or extent of the reparation to be made for the breach of ab international obligation.
III.Advisory jurisdiction:
International court of justice may give an advisory opinion on any legal question any body which has been authorized in accordance with the charter of the united nations or in accordance with the statute. international court of justice also act as an adviser on point referred to it by the general assembly or security council. the other organs of unity national and specialized agencies may also request to the court to give an advisory opinion on any legal question. the power to give advisory opinion conferred upon to the court is discretionary.
Eastern carelia case PCLJ series B:
The permanent court of the international justice declined to give an opinion on the ground that answering the question would be substanitally equivalent to deciding the dispute between the parties.
(i) Nature of advisory jurisdiction:
The advisory opinion given by the international court of justice is not binding upon the parties.
6. Law applied by the court:
According to article 38 of statute lays down that the international court of justice whose function is to decide in accordance with international law such disputes as are submitted to it shall apply.
(i) International conventions, whether general or particular, establishing rules expressly recognized by the civilized nations.
(ii) International custom as evidence of a general practice accepted as law.
(iii) General principles of law recognized by the civilized nations.
(iv) Subject to the provisions of article 59 of the statue, judicial decisions and the teaching of the most highly qualified publicists of the various nations, as subsidery means for determination of rules of law.
7. Main object of the establishment of international court of justice:
The main object of the establishment of international court of justice is to settler international disputes which might lead to breach of peace.
8. Inherent powers of ICJ:
The international court of justice has inherent powers. the jurisdiction of ICJ is based upon the consent of the parties. all members of U. N are IPSO facto parties to the stateute of the court.
9. Role of international court of justice in the development of international law:
In the rapid development of international law of this era, the vital role of the international court of justice can not be denied. it has made pronouncements on territorial disputes and also on such diverse matters as on Asylum, nationality, trustship, law of sea, the status of foreign investment and sovereignty.
10. Conclusion:
To conclude it can be said that international court of justice has important role in the maintenance of international peace and also in the development of international law. this court is an important organ of the united nations, unfortunately the statute of the court makes no position for enforcement of its judicial decision.

  International Court Of Justice.rtf (Size: 6.96 KB / Downloads: 418) ]]> Q. International court of justice does not have jurisdiction without the consent of the states. discuss fully. (2000)
Q. What is role and function of international court of justice. (2005)
1. Introduction:
International court of justice is the principal judicial organ of the united nations. the permanent court of international justices established by the League of nation 1920. after the establishment of united nation this court was named international court of international justice. only states may be parties before international court of justice. the rules and charter do not permit the individual to file petitions in the court. non members of the united nation may also become parties before the court. it is fact that international court of justice suffer from a number of defects.
2. Structure and composition of international court of justice:
Number of judges:
International court of judges consist of 15 judges.
Period of appointment:
The judges are appointed for the period of 9 years.
Official language of the court:
English and French.
Permanent headquarter of the court:
Hague is the permanent headquarater of the court.
Appointing authority of the judges:
Judges are appointed by the general assembly as well as security council.
Qurum of the Court:
Qurum for full bench of the court is nine judges.
Restriction:
No two judges can be national of the same state.
Re- election of judges:
Judges of the court can be re- elected.
Qualification for judges:
(i) Highly moral character.
(ii) Capable for appointment to the highest judicial official officers or.
(iii) Jurists consuls of recognized competence in the international law.
Retirement:
One third of total judges are retired after every three years.
3. States which are eligible to apply the court:
(i) Member states of the united nations.
(ii) Non- members of united nations.
4. Procedure for filing case in the court:
The states which are parties to the statue and other states who accepts the jurisdiction of the court submit a declaration to the registrar of the court that they will comply the decision of the court.
5. Jurisdiction of the court of international justice:
Following are types of the jurisdiction of international court of justice.
I. Voluntary jurisdiction:
Voluntary jurisdiction is such jurisdiction in which parties refer to the court by agreement. for decision of an international dispute. the dispute may be referred by one party or both the parties.
II. Obligatory jurisdiction:
Article 32(2) confers that the states who are parties to the present statute, may at any time declare that they recognize as compulsory IPSO facto and without special agreement, in relation to any other state accepting the same obligation.
Modes of declaration:
(i) Conditional.
(ii) Unconditional.
Matters regarding which dispute can be referred:
The parties to the statute may confer compulsory jurisdiction on the following matters:
(i) The international of a treaty.
(ii) Any question of international law.
(iii) The existence of any fact which if established would constitute a breach of an international obligation.
(iv) The nature or extent of the reparation to be made for the breach of ab international obligation.
III.Advisory jurisdiction:
International court of justice may give an advisory opinion on any legal question any body which has been authorized in accordance with the charter of the united nations or in accordance with the statute. international court of justice also act as an adviser on point referred to it by the general assembly or security council. the other organs of unity national and specialized agencies may also request to the court to give an advisory opinion on any legal question. the power to give advisory opinion conferred upon to the court is discretionary.
Eastern carelia case PCLJ series B:
The permanent court of the international justice declined to give an opinion on the ground that answering the question would be substanitally equivalent to deciding the dispute between the parties.
(i) Nature of advisory jurisdiction:
The advisory opinion given by the international court of justice is not binding upon the parties.
6. Law applied by the court:
According to article 38 of statute lays down that the international court of justice whose function is to decide in accordance with international law such disputes as are submitted to it shall apply.
(i) International conventions, whether general or particular, establishing rules expressly recognized by the civilized nations.
(ii) International custom as evidence of a general practice accepted as law.
(iii) General principles of law recognized by the civilized nations.
(iv) Subject to the provisions of article 59 of the statue, judicial decisions and the teaching of the most highly qualified publicists of the various nations, as subsidery means for determination of rules of law.
7. Main object of the establishment of international court of justice:
The main object of the establishment of international court of justice is to settler international disputes which might lead to breach of peace.
8. Inherent powers of ICJ:
The international court of justice has inherent powers. the jurisdiction of ICJ is based upon the consent of the parties. all members of U. N are IPSO facto parties to the stateute of the court.
9. Role of international court of justice in the development of international law:
In the rapid development of international law of this era, the vital role of the international court of justice can not be denied. it has made pronouncements on territorial disputes and also on such diverse matters as on Asylum, nationality, trustship, law of sea, the status of foreign investment and sovereignty.
10. Conclusion:
To conclude it can be said that international court of justice has important role in the maintenance of international peace and also in the development of international law. this court is an important organ of the united nations, unfortunately the statute of the court makes no position for enforcement of its judicial decision.

  International Court Of Justice.rtf (Size: 6.96 KB / Downloads: 418) ]]> https://vuhelp.net/Thread-Write-a-note-on-war-crimes-2004-2005 Fri, 07 Sep 2012 10:17:54 -0400 vustudents]]> https://vuhelp.net/Thread-Write-a-note-on-war-crimes-2004-2005 1. Introduction:
There are certain rules of international law if they are violated, it will constitute war crimes. if they are committed by the soldiers or by other individual, punishment is given not by an independent forum but by the victorious states.
2. Definition of war crimes:
According to Schwarzenberger:
"War crimes are acts which strike at the very roots of international society, like genocide, piracy, violation off recognized rules of warfare.
According to Oppenheim:
"War crimes are such hostile or other acts of soldiers or other individuals as may be punished by the enemy on capture of the offenders.
According to Higgins:
"War crime include the vidation of the recognized rules of warfare by illegitimate hostilites in arms committed by individuals who are not members of the armed forces espionage and war treason and marauding."
3. Classification of war crimes:
Oppenhiem classifies war crimes under the following four heads:
(i) Violation of recognized rules regarding warfare committed by member of armed forces.
(ii) All hostilities in arms committed by individual who are not members of the enemy armed forces.
(iii) Espionage and war treason.
(iv) Marauding acts.
4. Responsibility for war crimes:
Those person or soldiers who commit war crimes are indivdiually responsible for war crimes such person are called war criminals.
Disability of war criminal:
A person committing war crimes cannot raise the plea that the crime was committed in pursuance of an order of the government or of two superior officer.
5. Who commit war crimes:
War crimes may be committed by.
i. Arm forces
ii. Political leaders having the power to control or authority to give directions.
6. War crimes trials:
6.Important war crimes trials are following:
(a) Nuremberg trial (1946)
(b) Tokyo trial(1946)
© Peleus trial
(d) Eichman trial (1962) (e) Mai lai trial
(f) Milosevic trial.
7. War crimes and united nation:
United nation recognized those principle which have been laid down in different war crimes trials. the general assembly also formulated certain principles relating to person guilty of war crimes. according to a resolution of general assembly where in it was laid down that state shall not grant asylum to any person with respect to whom there are serious charges for considering that he has committed war crimes. the united nation that he has authorised every state to try own nationals for war crimes or crime against humanity.
8. Conclusion:
To conclude i can say that war crimes are those acts which are violative of customs of war. the criminals or may not be member of armed forces. those person who commits war crime are personally responisble for their acts. the war crimes are against humanity and international peace e.g murder deportation imprisonment rape and other inhuman acts.

  War Crimes.rtf (Size: 3.32 KB / Downloads: 353) ]]> 1. Introduction:
There are certain rules of international law if they are violated, it will constitute war crimes. if they are committed by the soldiers or by other individual, punishment is given not by an independent forum but by the victorious states.
2. Definition of war crimes:
According to Schwarzenberger:
"War crimes are acts which strike at the very roots of international society, like genocide, piracy, violation off recognized rules of warfare.
According to Oppenheim:
"War crimes are such hostile or other acts of soldiers or other individuals as may be punished by the enemy on capture of the offenders.
According to Higgins:
"War crime include the vidation of the recognized rules of warfare by illegitimate hostilites in arms committed by individuals who are not members of the armed forces espionage and war treason and marauding."
3. Classification of war crimes:
Oppenhiem classifies war crimes under the following four heads:
(i) Violation of recognized rules regarding warfare committed by member of armed forces.
(ii) All hostilities in arms committed by individual who are not members of the enemy armed forces.
(iii) Espionage and war treason.
(iv) Marauding acts.
4. Responsibility for war crimes:
Those person or soldiers who commit war crimes are indivdiually responsible for war crimes such person are called war criminals.
Disability of war criminal:
A person committing war crimes cannot raise the plea that the crime was committed in pursuance of an order of the government or of two superior officer.
5. Who commit war crimes:
War crimes may be committed by.
i. Arm forces
ii. Political leaders having the power to control or authority to give directions.
6. War crimes trials:
6.Important war crimes trials are following:
(a) Nuremberg trial (1946)
(b) Tokyo trial(1946)
© Peleus trial
(d) Eichman trial (1962) (e) Mai lai trial
(f) Milosevic trial.
7. War crimes and united nation:
United nation recognized those principle which have been laid down in different war crimes trials. the general assembly also formulated certain principles relating to person guilty of war crimes. according to a resolution of general assembly where in it was laid down that state shall not grant asylum to any person with respect to whom there are serious charges for considering that he has committed war crimes. the united nation that he has authorised every state to try own nationals for war crimes or crime against humanity.
8. Conclusion:
To conclude i can say that war crimes are those acts which are violative of customs of war. the criminals or may not be member of armed forces. those person who commits war crime are personally responisble for their acts. the war crimes are against humanity and international peace e.g murder deportation imprisonment rape and other inhuman acts.

  War Crimes.rtf (Size: 3.32 KB / Downloads: 353) ]]> https://vuhelp.net/Thread-Discuss-provisions-of-Geneva-convention-on-prisoner-of-war-1998-2003 Fri, 07 Sep 2012 09:20:00 -0400 vustudents]]> https://vuhelp.net/Thread-Discuss-provisions-of-Geneva-convention-on-prisoner-of-war-1998-2003 1. Introduction:
The rules of treatment of the prisoner of war are governed by the Geneva convention 1949. this convention is regarded most important convention on the protection of the prisoners of war.
2. Prisoner of war:
Prisoner of war is a status which is given to a person captured by a belligerent during a war or in an armed conflict all the persons captured by the belligerents do not acquire this status.
3. Persons treated as prisoner of war:
Article 4 of the Geneva convention enummerat that certain categories of persons who have fallen into the hands of enemy shall be called as prisoner of war which are following.
(i) Member of armed forces of a party to the conflict.
(ii) Members of militias and member of volunteer corps, which also fulfil the following conditions.
(a) That of being commanded by a person responsible for his subordinates.
(b) That they have a distinctive sign which can be recognized from distance.
© That they have a distinctive sign which can be recognized from distance.
(d) That they carry arms.
(e) That they obscure the laws and custom of war.
(iii) Members of the armed forces who profess allegiance to a govt. or an authority not recognized by the detaining power.
(iv) Persons who accompany the armed forces without actually being member of armed forces.
(v) Inhabitants of a non- occupied territory who take up arm to resist the invading forces without having had time themselves into regular armed units.
4. Sir Robert Phillimore's views:
According to Sir Robert Phillimore following classes of person have no claim to the treatment of the prisoners of war.
(a) Bands of marauders, acting without the authority of the sovereign or the order of the military commander.
(b) Deserters, captured among the enemy troops.
© Spies, even if they belong to regular army.
5. Fundamental principles relating to prisoners of war:
The Geneva convention 1949 contain the following important provisions relating to treatment of prisoners of war.
(i) Human treatment of prisoners:
Prisoners of war at all time be humanly treated. international law protects the prisoners from the punishment for hostile acts committed prior to capture.
(ii) Prohibition as to any act harmful for health:
Any unlawful act or omission by the detaining power causing death or seriously endangering the health of the prisoners of war is prohibited.
(iii) No physical multilation:
No prisoner of war may be subjected to physical multilation or to medical or scientific experiments of any kinds which are not justified by the medical, dental or hospital treatment of the prisoners.
(iv) Protection against act of violation:
Prisoners of war at, all times be protected, particularly against acts of violation.
(v) Right to respect of their persons and their honour:
Prisoner of war are entitled in all circumstances to respect of their persons and their honour.
(vi) Maintenance of prisoners:
The detaining power shall be bound to provide free of charge for maintenance for medical attention required by their state of health.
(vii) Equality of treatment:
The detaining power should teat prisoners equally without any distinction based on nationality religious belief or politically.
(viii) No physical and mental torture:
No physical or mental torture no any other form of coercion may be inflicted on prisoners of war to secure from them information of any kind whatever. prisoner of war who refuse to answer may not be threatened, insulted or exposed to unpleasant or disadvantageous treatment of any kind.
(ix) Right to possession of articles of personal use:
All effects and articles of personal use except arms, horse, military equipment and military documents shall remain in their possession likewise their metal helmet's and gas masks, like article issued for their personal protection.
(x) Quarter facilities:
Prisoners shall be provided quarter facilities similar as to those of the detaining power. the premises should be protected from dampness. they should be adequately heated and lighted. all precautions must be taken against the danger of their life. the detaining power should provide separate dormitories to woman prisoners. the detaining power shall also be bound to take all sanitary measures necessary to ensure the cleanliness of camp and to prevent epidemic.
(xi) Identity documents:
At no time prisoners of war be without identity documents. the detaining power shall supply such documents to the prisoners of war who possess none.
6. Present position regarding geneva convention of P. O. W:
Presently powerful states have ignored the geneva convention regarding P. O. W. or example U. S. A violated these refuges in Afgan and Iran war. P. O. W. were treated and are being treated in humanly and tortured in Gunatanamo.
7. Conclusion:
To conclude it can be said that international law protects all prisoners of war from punishment for their hostile acts committed prior to capture. the detaining power is not free to enforce its own municipal law except permitted by international law.

  Prisoners Of War.rtf (Size: 5.81 KB / Downloads: 407) ]]> 1. Introduction:
The rules of treatment of the prisoner of war are governed by the Geneva convention 1949. this convention is regarded most important convention on the protection of the prisoners of war.
2. Prisoner of war:
Prisoner of war is a status which is given to a person captured by a belligerent during a war or in an armed conflict all the persons captured by the belligerents do not acquire this status.
3. Persons treated as prisoner of war:
Article 4 of the Geneva convention enummerat that certain categories of persons who have fallen into the hands of enemy shall be called as prisoner of war which are following.
(i) Member of armed forces of a party to the conflict.
(ii) Members of militias and member of volunteer corps, which also fulfil the following conditions.
(a) That of being commanded by a person responsible for his subordinates.
(b) That they have a distinctive sign which can be recognized from distance.
© That they have a distinctive sign which can be recognized from distance.
(d) That they carry arms.
(e) That they obscure the laws and custom of war.
(iii) Members of the armed forces who profess allegiance to a govt. or an authority not recognized by the detaining power.
(iv) Persons who accompany the armed forces without actually being member of armed forces.
(v) Inhabitants of a non- occupied territory who take up arm to resist the invading forces without having had time themselves into regular armed units.
4. Sir Robert Phillimore's views:
According to Sir Robert Phillimore following classes of person have no claim to the treatment of the prisoners of war.
(a) Bands of marauders, acting without the authority of the sovereign or the order of the military commander.
(b) Deserters, captured among the enemy troops.
© Spies, even if they belong to regular army.
5. Fundamental principles relating to prisoners of war:
The Geneva convention 1949 contain the following important provisions relating to treatment of prisoners of war.
(i) Human treatment of prisoners:
Prisoners of war at all time be humanly treated. international law protects the prisoners from the punishment for hostile acts committed prior to capture.
(ii) Prohibition as to any act harmful for health:
Any unlawful act or omission by the detaining power causing death or seriously endangering the health of the prisoners of war is prohibited.
(iii) No physical multilation:
No prisoner of war may be subjected to physical multilation or to medical or scientific experiments of any kinds which are not justified by the medical, dental or hospital treatment of the prisoners.
(iv) Protection against act of violation:
Prisoners of war at, all times be protected, particularly against acts of violation.
(v) Right to respect of their persons and their honour:
Prisoner of war are entitled in all circumstances to respect of their persons and their honour.
(vi) Maintenance of prisoners:
The detaining power shall be bound to provide free of charge for maintenance for medical attention required by their state of health.
(vii) Equality of treatment:
The detaining power should teat prisoners equally without any distinction based on nationality religious belief or politically.
(viii) No physical and mental torture:
No physical or mental torture no any other form of coercion may be inflicted on prisoners of war to secure from them information of any kind whatever. prisoner of war who refuse to answer may not be threatened, insulted or exposed to unpleasant or disadvantageous treatment of any kind.
(ix) Right to possession of articles of personal use:
All effects and articles of personal use except arms, horse, military equipment and military documents shall remain in their possession likewise their metal helmet's and gas masks, like article issued for their personal protection.
(x) Quarter facilities:
Prisoners shall be provided quarter facilities similar as to those of the detaining power. the premises should be protected from dampness. they should be adequately heated and lighted. all precautions must be taken against the danger of their life. the detaining power should provide separate dormitories to woman prisoners. the detaining power shall also be bound to take all sanitary measures necessary to ensure the cleanliness of camp and to prevent epidemic.
(xi) Identity documents:
At no time prisoners of war be without identity documents. the detaining power shall supply such documents to the prisoners of war who possess none.
6. Present position regarding geneva convention of P. O. W:
Presently powerful states have ignored the geneva convention regarding P. O. W. or example U. S. A violated these refuges in Afgan and Iran war. P. O. W. were treated and are being treated in humanly and tortured in Gunatanamo.
7. Conclusion:
To conclude it can be said that international law protects all prisoners of war from punishment for their hostile acts committed prior to capture. the detaining power is not free to enforce its own municipal law except permitted by international law.

  Prisoners Of War.rtf (Size: 5.81 KB / Downloads: 407) ]]> https://vuhelp.net/Thread-Draw-a-distinction-between-neutral-and-neutralized-state-1998 Fri, 07 Sep 2012 07:51:10 -0400 vustudents]]> https://vuhelp.net/Thread-Draw-a-distinction-between-neutral-and-neutralized-state-1998 1. Introduction:
Neutarliy is the attitude of a state which is not at war with the belligerent and dose not participate in the hostilities, it implies the position of a state which remain aloof form war between two or more belligerent and keeps an attitude of impartiality.
2. Definitions:
According to Oppenheim:
"The attribute of impartiality adopted by third states toward the belligerents and recognized by the belligerents such attribute creating and duties between the impartial states and belligerents."
According to Lawrence:
"Neutrality is condition of those states which in the time of war take on part in the contest but continue pacific intercourse with the belligents.
3. Essentials elements of neutrality:
Essentials elements of neutrality are as under:
(a) Attribute of impartiality.
(b) Recognition of impartiality by belligerent state.
© Creation of rights and duties.
4. Commencement of neutrality:
Neutrality commence after the state of war. such state should delcare their condition of neutrality.
5. End of Neutrality:
Neutrality comes to end in one of the following ways:
(i) At the end of way.
(ii) When the neutral state war with one of the belligerent state.
(iii) When any belligerent states war with the neutral state.
6. Kinds of neutrality:
Following are kinds of neutrality:
(i) Perpetual or permanent neutrality.
(ii) General and partial neutrality.
(iii) Voluntary neutrality.
(iv) Neutrality based on some treaty.
(v) Armed neutrality.
(vi) Perfect and qualified neutrality.
7. Rational basis of neutrality:
Rational basis of neutrality are given below:
(i) Neutrality helps to localize the area of war.
(ii) It discourages the sentiments for war.
(iii) It keeps the states away form war.
(iv) It regularies the international relations.
8. Neutral and neutralised sates:
(i) Neutral state:
Neutral state do not support either party during war. it is generally deemed a temporary statue and can be terminated by joining either of part at war.
(ii) Neutralised state"
Neutralised state is such state whose independence collectively accepted by big powers thought some agreement.
9. Distinguish between neutral and neutralised states:
(i) As to nature:
Neutral state is temporary in nature.
Neutralised state is permanent in nature.
(ii) As to commencement:
Neutral state commence and ends with war.
Neutralised state continues after the end of war.
(iii) As to status:
Neutral state has a status during war time.
Nutralised state has a statue after war.
(iv) As to guarantee:
Neutral state is not guaranteed by other states.
Neutralised state is guaranteed by other state.
10. Duties of neutral state:
Following are the during of neutral state.
I. Abstention:
It is the duty of neutral state to abstain itself form rendering direct or indirect help to any of the belligerent. state.
II. Prevention:
It is the duty of neutral state to prevent certain things within its territory.
III. Acquiescence:
It is duty of neutral state to give acquiescence in respect of certain matters.
IV. Restoration:
It is the duty of neutral state not to allow any act which is concerned with war within its territory.
V. Reparation:
A neutral state should assert its right to claim reparation for any loss sustain by any act of the belligerent state.
11. Conclusion:
To conclude it can be said that neutrality is a status which is acquired by those states which do not participate in a war. neutral and neutralized are kinds of states. the neutrality and neutralization are two different things.

  Neutral And Neutralised States.rtf (Size: 4.38 KB / Downloads: 421) ]]> 1. Introduction:
Neutarliy is the attitude of a state which is not at war with the belligerent and dose not participate in the hostilities, it implies the position of a state which remain aloof form war between two or more belligerent and keeps an attitude of impartiality.
2. Definitions:
According to Oppenheim:
"The attribute of impartiality adopted by third states toward the belligerents and recognized by the belligerents such attribute creating and duties between the impartial states and belligerents."
According to Lawrence:
"Neutrality is condition of those states which in the time of war take on part in the contest but continue pacific intercourse with the belligents.
3. Essentials elements of neutrality:
Essentials elements of neutrality are as under:
(a) Attribute of impartiality.
(b) Recognition of impartiality by belligerent state.
© Creation of rights and duties.
4. Commencement of neutrality:
Neutrality commence after the state of war. such state should delcare their condition of neutrality.
5. End of Neutrality:
Neutrality comes to end in one of the following ways:
(i) At the end of way.
(ii) When the neutral state war with one of the belligerent state.
(iii) When any belligerent states war with the neutral state.
6. Kinds of neutrality:
Following are kinds of neutrality:
(i) Perpetual or permanent neutrality.
(ii) General and partial neutrality.
(iii) Voluntary neutrality.
(iv) Neutrality based on some treaty.
(v) Armed neutrality.
(vi) Perfect and qualified neutrality.
7. Rational basis of neutrality:
Rational basis of neutrality are given below:
(i) Neutrality helps to localize the area of war.
(ii) It discourages the sentiments for war.
(iii) It keeps the states away form war.
(iv) It regularies the international relations.
8. Neutral and neutralised sates:
(i) Neutral state:
Neutral state do not support either party during war. it is generally deemed a temporary statue and can be terminated by joining either of part at war.
(ii) Neutralised state"
Neutralised state is such state whose independence collectively accepted by big powers thought some agreement.
9. Distinguish between neutral and neutralised states:
(i) As to nature:
Neutral state is temporary in nature.
Neutralised state is permanent in nature.
(ii) As to commencement:
Neutral state commence and ends with war.
Neutralised state continues after the end of war.
(iii) As to status:
Neutral state has a status during war time.
Nutralised state has a statue after war.
(iv) As to guarantee:
Neutral state is not guaranteed by other states.
Neutralised state is guaranteed by other state.
10. Duties of neutral state:
Following are the during of neutral state.
I. Abstention:
It is the duty of neutral state to abstain itself form rendering direct or indirect help to any of the belligerent. state.
II. Prevention:
It is the duty of neutral state to prevent certain things within its territory.
III. Acquiescence:
It is duty of neutral state to give acquiescence in respect of certain matters.
IV. Restoration:
It is the duty of neutral state not to allow any act which is concerned with war within its territory.
V. Reparation:
A neutral state should assert its right to claim reparation for any loss sustain by any act of the belligerent state.
11. Conclusion:
To conclude it can be said that neutrality is a status which is acquired by those states which do not participate in a war. neutral and neutralized are kinds of states. the neutrality and neutralization are two different things.

  Neutral And Neutralised States.rtf (Size: 4.38 KB / Downloads: 421) ]]> https://vuhelp.net/Thread-Pirates-are-enemies-of-mankind-discuss-law-for-priates-in-detail-1999-2005 Fri, 07 Sep 2012 06:12:06 -0400 vustudents]]> https://vuhelp.net/Thread-Pirates-are-enemies-of-mankind-discuss-law-for-priates-in-detail-1999-2005 1. Introduction:
Piracy is a crime under international law. the act of piracy is deemed as the enemy of mankind and pirates are enemy of the whole mankind. privacy is a sea term for robbery. an act of piracy may be committed only by private vessels or aircrafts. under international law piracy consists in sailing the seas for private ends without authorisation from the government of any state.
2. Definition:
General:
"It is every unathorised act of violence committed by a private vessel on open sea against another vessel for the sake of plundering."
Article 15 of the geneva convention:
Article 15 of the geneva convention defines the word piracy in the following words.
(a) Any illegal acts of violence or detention or nay act of deprivation committed for private ends by the crew or the passengers of a private ship or a private aricreafts and directed.
(i) On the high seas, against another ship or aricraft or against persons or property on board such sship or aircraft.
(ii) Against a ship, aircratf, persons or property in a place outside by jurisdiction of a state.
(b) Any act of voluntary participation in the operation of a ship or of an aircraft which knowledge of facts making it a private ship or aircraft.
© Any act of inciting or of intentionally facilitating an act described in sub-paragraph (a) or (b).
Case law definition:
United states vs Smith:
According to justice story.
" A forcible deprivation on high seas animo funandi, is piracy.
3. Essential ingerdient of piracy:
Following are essential ingredient of an act of piracy.
(i) It is done by persons sailing the high seas.
(ii) Without the authorisation of Govt.
(iii) A frustrated attempt to commit robbery is piracy.
(iv) It is committed by a private vessel against another private vessel or by the mutionous crew against their own vessel.
4. Jure gentium case 1934:
It was held that an unsuccessful, attempt to commit robbery on high seas amounts to piracy.
5. Object of piracy:
The object of piracy is any public or private vessel or the persons or the goods there on, whilst on the open sea is to make booty.
6. Jurisdiction according to the universal principle:
Piracy is an offence which comes under the jurisdiction of all states wherever it is committed. all states are entitled to apprehend and punish the offenders. the purpose of such jurisdiction is to ensure that no such offence goes unpunished. all states can arrest pirates on the high seas and to punish them irrespective of the place of the commission of crime.
7. Nature of offence:
Piracy is an offence against the entire world or humanity (hostis human generis) and all states have jurisdiction to try and punish Piratical act according to their municipal laws.
8. Municipal law and piracy:
The concept of crime regarding piracy in municipal law in various states are different from the concept of international law on piracy. some states in their national law declare crimes of those act which come under violence, detention or deprivation which are not crime under international law.
9. Conclusion:
To conclude it can be said that piracy is an international crime. the law on piracy has been codified in the Geneva convention of high seas 1958. every state has a right to arrest trial and punish the pirates. the vessel involved in the act of piracy may be seized. this offence is against the whole body of civilized states.

  Piracy.rtf (Size: 650.11 KB / Downloads: 391) ]]> 1. Introduction:
Piracy is a crime under international law. the act of piracy is deemed as the enemy of mankind and pirates are enemy of the whole mankind. privacy is a sea term for robbery. an act of piracy may be committed only by private vessels or aircrafts. under international law piracy consists in sailing the seas for private ends without authorisation from the government of any state.
2. Definition:
General:
"It is every unathorised act of violence committed by a private vessel on open sea against another vessel for the sake of plundering."
Article 15 of the geneva convention:
Article 15 of the geneva convention defines the word piracy in the following words.
(a) Any illegal acts of violence or detention or nay act of deprivation committed for private ends by the crew or the passengers of a private ship or a private aricreafts and directed.
(i) On the high seas, against another ship or aricraft or against persons or property on board such sship or aircraft.
(ii) Against a ship, aircratf, persons or property in a place outside by jurisdiction of a state.
(b) Any act of voluntary participation in the operation of a ship or of an aircraft which knowledge of facts making it a private ship or aircraft.
© Any act of inciting or of intentionally facilitating an act described in sub-paragraph (a) or (b).
Case law definition:
United states vs Smith:
According to justice story.
" A forcible deprivation on high seas animo funandi, is piracy.
3. Essential ingerdient of piracy:
Following are essential ingredient of an act of piracy.
(i) It is done by persons sailing the high seas.
(ii) Without the authorisation of Govt.
(iii) A frustrated attempt to commit robbery is piracy.
(iv) It is committed by a private vessel against another private vessel or by the mutionous crew against their own vessel.
4. Jure gentium case 1934:
It was held that an unsuccessful, attempt to commit robbery on high seas amounts to piracy.
5. Object of piracy:
The object of piracy is any public or private vessel or the persons or the goods there on, whilst on the open sea is to make booty.
6. Jurisdiction according to the universal principle:
Piracy is an offence which comes under the jurisdiction of all states wherever it is committed. all states are entitled to apprehend and punish the offenders. the purpose of such jurisdiction is to ensure that no such offence goes unpunished. all states can arrest pirates on the high seas and to punish them irrespective of the place of the commission of crime.
7. Nature of offence:
Piracy is an offence against the entire world or humanity (hostis human generis) and all states have jurisdiction to try and punish Piratical act according to their municipal laws.
8. Municipal law and piracy:
The concept of crime regarding piracy in municipal law in various states are different from the concept of international law on piracy. some states in their national law declare crimes of those act which come under violence, detention or deprivation which are not crime under international law.
9. Conclusion:
To conclude it can be said that piracy is an international crime. the law on piracy has been codified in the Geneva convention of high seas 1958. every state has a right to arrest trial and punish the pirates. the vessel involved in the act of piracy may be seized. this offence is against the whole body of civilized states.

  Piracy.rtf (Size: 650.11 KB / Downloads: 391) ]]> https://vuhelp.net/Thread-What-is-intervention-and-when-it-is-permitted-under-international-law-1998-1999 Fri, 07 Sep 2012 05:06:55 -0400 vustudents]]> https://vuhelp.net/Thread-What-is-intervention-and-when-it-is-permitted-under-international-law-1998-1999 1. Introduction:
Intervention is right of every state. when one state intervenes in the affairs of another state through force then as a reaction against this violation, international law, permits intervention. it is forcible and without the consent of the state where in the intervention is done. general assembly of the unite 1 nation has made non- intervention a duty of all the states. intervention may effect internal or external affairs of another state.
2. Meaning of intervention:
The term "intervention" is used by some writers in the expression "subversive intervention" to denote propaganda or other activity by one state into the affairs of another state.
3. Definition:
According to Oppenheim:
"Intervention is dictorial interference by a state in the affairs of another state for the purpose of maintaining or altering the actual conditions of things."
4. Form of intervention:
Intervention may be diplomatic or military.
5. Kinds of intervention:
Intervention has kinds following.
(a) Internal.
(b) External.
© Punitive.
6. Principle of non- intervention:
Principle of non- invention has been stated under article 2(4) of the united nations. this principle has also been re- affirmed by the general assembly through its resolution 2131 9xx) of December 1965.
Exception:
Individual and collective self defence as contained in article 51.
7. Elements of intervention:
Elements of the intervention are as under.
(a) Forcibility or use of force.
(b) By a state.
© By a state.
(d) Against a state.
8. Object of intervention:
Object of intervention is to make the conditions according to the wishes of intervention state.
9. Grounds for intervention under international law:
Following are grounds for intervention which are permitted under international law.
I. Self defence:
According to oppenhiem use of force in self defence is justified where it is necessary for self preservation.
(a) Conditions:
The right of self defence is available subject to the conditions as under.
(i) There should be an arm attack.
(ii) Report should be made to security council.
(iii) There shall be no effect on security council responsibility for keeping peace.
(iv) Right is subject to the review of security council.
(v) Right of self defence exits until security council has taken any action.
(vi) This right is not available against non- member of united nation.
The Coroline case 1841:
Following principle was laid down in this case.
"Necessity of self defence should be instant, overwhelming and leaving no choice or means and no moment for deliberation."
II. Collective intervention:
Under the charter of united nation collective intervention can be made to check an aggression on the breach of international peace and security. in chapter (vii) security council has been empowered to take collective action if there exist a threat or breach of the international peace and security or an aggression has taken place.
(iii) Intervention on humanitarian ground:
Humanity is also justification for intervention by a state. when human rights are openly violated, other states can interfere to check violation of human rights. it is controversial question as to whether after the enforcement of charter of united nation, intervention is lawful or not. now this type of intervention is not permissible under international law.
(iv) Intervention to protect persons and property:
State can interfere on the ground to protect the persons and property.
(v) Intervention for balance of power:
It was permitted in the past but after the establishment of united nation no state can intervene in the internal and external affairs of other state.
(vi) Intervention to maintain international law:
It was permitted before the establishment of united nation. now intervention of international law is not permissible.
(vii) Intervention for enforcement of treaty rights:
A state is justified to interfered the external or internal affairs of other state for the enforcement of rights of treaty. united nation does not recognise this intervention.
10. Present position under U. N Charter:
Now under U. N charter intervention can not be justified on any ground. the charter has prohibited the use of force by a state in the affairs of another state by virtue of article 2 para 4 i. e. all members states shall refrain in their international relations from the threat or use of force, against the territorial integrity or political independence of any state or in any other manner in consistent with the purposes of the united nation.
11. Conclusion:
To conclude it can be said that intervention is a dictatorial interference by a state in the affairs of other state. when principle of non interference is violated, it is referred to intervention. it may be diplomatic or military. intervention is a rule forbidden by international law but there are exceptional cases where a state can intervene in the affairs of other state.

  Intervention.rtf (Size: 5.75 KB / Downloads: 421) ]]> 1. Introduction:
Intervention is right of every state. when one state intervenes in the affairs of another state through force then as a reaction against this violation, international law, permits intervention. it is forcible and without the consent of the state where in the intervention is done. general assembly of the unite 1 nation has made non- intervention a duty of all the states. intervention may effect internal or external affairs of another state.
2. Meaning of intervention:
The term "intervention" is used by some writers in the expression "subversive intervention" to denote propaganda or other activity by one state into the affairs of another state.
3. Definition:
According to Oppenheim:
"Intervention is dictorial interference by a state in the affairs of another state for the purpose of maintaining or altering the actual conditions of things."
4. Form of intervention:
Intervention may be diplomatic or military.
5. Kinds of intervention:
Intervention has kinds following.
(a) Internal.
(b) External.
© Punitive.
6. Principle of non- intervention:
Principle of non- invention has been stated under article 2(4) of the united nations. this principle has also been re- affirmed by the general assembly through its resolution 2131 9xx) of December 1965.
Exception:
Individual and collective self defence as contained in article 51.
7. Elements of intervention:
Elements of the intervention are as under.
(a) Forcibility or use of force.
(b) By a state.
© By a state.
(d) Against a state.
8. Object of intervention:
Object of intervention is to make the conditions according to the wishes of intervention state.
9. Grounds for intervention under international law:
Following are grounds for intervention which are permitted under international law.
I. Self defence:
According to oppenhiem use of force in self defence is justified where it is necessary for self preservation.
(a) Conditions:
The right of self defence is available subject to the conditions as under.
(i) There should be an arm attack.
(ii) Report should be made to security council.
(iii) There shall be no effect on security council responsibility for keeping peace.
(iv) Right is subject to the review of security council.
(v) Right of self defence exits until security council has taken any action.
(vi) This right is not available against non- member of united nation.
The Coroline case 1841:
Following principle was laid down in this case.
"Necessity of self defence should be instant, overwhelming and leaving no choice or means and no moment for deliberation."
II. Collective intervention:
Under the charter of united nation collective intervention can be made to check an aggression on the breach of international peace and security. in chapter (vii) security council has been empowered to take collective action if there exist a threat or breach of the international peace and security or an aggression has taken place.
(iii) Intervention on humanitarian ground:
Humanity is also justification for intervention by a state. when human rights are openly violated, other states can interfere to check violation of human rights. it is controversial question as to whether after the enforcement of charter of united nation, intervention is lawful or not. now this type of intervention is not permissible under international law.
(iv) Intervention to protect persons and property:
State can interfere on the ground to protect the persons and property.
(v) Intervention for balance of power:
It was permitted in the past but after the establishment of united nation no state can intervene in the internal and external affairs of other state.
(vi) Intervention to maintain international law:
It was permitted before the establishment of united nation. now intervention of international law is not permissible.
(vii) Intervention for enforcement of treaty rights:
A state is justified to interfered the external or internal affairs of other state for the enforcement of rights of treaty. united nation does not recognise this intervention.
10. Present position under U. N Charter:
Now under U. N charter intervention can not be justified on any ground. the charter has prohibited the use of force by a state in the affairs of another state by virtue of article 2 para 4 i. e. all members states shall refrain in their international relations from the threat or use of force, against the territorial integrity or political independence of any state or in any other manner in consistent with the purposes of the united nation.
11. Conclusion:
To conclude it can be said that intervention is a dictatorial interference by a state in the affairs of other state. when principle of non interference is violated, it is referred to intervention. it may be diplomatic or military. intervention is a rule forbidden by international law but there are exceptional cases where a state can intervene in the affairs of other state.

  Intervention.rtf (Size: 5.75 KB / Downloads: 421) ]]> https://vuhelp.net/Thread-Write-a-detailed-note-on-the-privileges-and-immunities-of-dipolmatic-agents-2000 Fri, 07 Sep 2012 03:20:13 -0400 vustudents]]> https://vuhelp.net/Thread-Write-a-detailed-note-on-the-privileges-and-immunities-of-dipolmatic-agents-2000 Q. Describe and explain the various privileges and immunities enjoyed by a diplomatic envoy. who is personanon persona non- grata? (2003)
Q. Discuss the privileges and immunities enjoyed by the diplomatic envoys. (2005)
Q. Who is diplomatic envoy? what immunities and privileges are available to him. (2005/A)
1. Introduction:
Diplomatic agents are those persons why represents their respective state in another state by establishing office of embassy having an establishment the rules of international law governing diplomatic relation are mostly contained in the legislative provisions and judicial decisions of national law. the law has now been codified in Vienna convention on diplomatic relation 1964.
2. Meaning of immunity:
Immunity means exemption, as serving in an office or performing duties which the law generally requires other citizens to perform.
3. Classification of diplomatic agent:
According to Vienna convention 1961 following are classification of diplomatic agent.
(i) Ambassador and legates:
Ambassador are the diplomats agent of first degree. they are consider to be the personal representatives of the heads of their states and therefore they have special status.
(ii) Minister plenipotentiary internuncios and envoys extra- ordinary:
They are diplomatic agent of second degree. they are not the personal representatives of the sovereigns or heads of their states. they have no audience as of right with a head of state personally and are addressed as "excellency" by courtesy only. they enjoy privileges and immunities.
(iii) Charged affairs:
They are diplomatic agent of the last degree. their appointment is made by the foreign minister and not by the head of the state.
4. Basis of immunities and privileges:
There are two theories which are relevant in this regard.
(i) Theory of extra territoriality:
According to this theory, diplomatic agent enjoy immunities and privileges because they are deemed to be outside the jurisdiction of the state in which they are appointed.
(ii) Functional theory:
According to functional theory diplomatic agents enjoy immunities and privileges because they perform special kinds of function which are performed by them in the states where they are appointed.
5. Immunities and privileges of diplomatic agent:
According to Vienna convention 1961, following are immunities and privileges of the diplomatic agents.
(i) Inviolability of persons:
Diplomatic agents are inviolable. they a shall not be liable to any form of arrest or detention.
(ii) Immunity regarding residence:
Another immunity regarding diplomatic agent is regarding their residence. a permanent diplomatic mission needs premises from which to operate and the receiving state must help the sending state obtaining premises for the mission.
(iii) Immunity from criminal jurisdiction of courts:
Diplomatic agents enjoy immunities from criminal jurisdiction of court. however it is presumed that they will not violate the general principles of law of the state.
(iv) Immunity from civil jurisdiction:
Diplomatic agents enjoy immunities from the jurisdiction of civil courts.
(v) Immunity from being presented as witnesses:
Diplomatic agent can't be compelled to come to the court of law and give evidence in a case.
(vi) Immunity from taxes and dues:
Under international law the diplomatic agent are immune from the payment of taxes, or real , national regional and municipal except.
(a) Indirect taxes.
(b) Dues and taxes.
© Estate, succession or inheritance dues.
(vii) Immunity from inspection of personal Baggage:
The diplomatic agents have immunity from inspection of their personal baggage.
(viii) Control over subordinate and family:
Diplomatic agents have right to exercise control and jurisdiction over their officers and family.
(ix) Right to worship:
Diplomatic agents are free to follow any religion.
(x) Right to travel:
Diplomatic agents can travel in the territory of the receiving state.
(xi) Freedom of communication:
The diplomatic agents have freedom to communicate with their homeland in connection with their functions and duties.
(xii) Immunity from police rules:
The diplomatic agents have immunity from police rule of the state in which they are performing their functions and duties.
(xiii) Immunity from social security provisions:
The diplomatic agent are also immune from social security provisions in the state where they are appointed.
(xiv) Immunity from custom duty:
The diplomatic agents are immune from custom duty in the receiving state.
(xv) Immunity from local and military obligation:
The diplomatic agents are immune from the local and military obligations of the receiving state.
6. Main functions and duties of the diplomatic agents:
Following are the main functions and duties of diplomatic agents.
(i) Representation:
They represent the state which they are sent where they are accredited.
(ii) Protection:
Diplomatic agent protect the status of sending state as well as its national and property in the receiving state.
(iii) Observation:
The diplomatic agents observe the happening and all those matters which are important for sending state.
(iv) Negotiation:
The diplomatic agents perform negotiation functions on behalf of the sending state.
(v) Communication:
The diplomatic agents communicate the outcome of the negotiation to the sending state. according to oppenhiem diplomatic agent is the mouth piece of the head of his home state.
(vi) Promotion:
The diplomatic agent promote friendly relationship between the sending state and receiving state.
7. Cases when state can refuse to receive a diplomat:
A state can refuse to receive a diplomat on the following cases.
(i) Where there is no particular mission.
(ii) If the personality is non acceptable. i. e persona-non-grata.
8. Persona-Non-Grata:
Persona Non-Grata is position of diplomatic agent when he loses status of diplomatic agent.
(i) State which is entitled to declare persona non grata:
The receiving state is entitled to declare a diplomatic agent as Persona Non Grata (undersirable person).
(ii) When state can declare:
The receiving state can declare.
(i) Before arrival of the diplomatic agent in its territory.
(ii) After arrival of the diplomatic agent in its territory.
(iii) Grounds for declaring persona non grata:
(i) If he is obnoxious to his character.
(ii) Extremely hostile to the people and govt, of the receiving state.
(iii) Involves in activities against the receiving state.
9. Conclusion:
To conclude it can be said that diplomatic agents are those persons who are residing in foreign countries as representatives of the states by whom they are dispatched. they play important role between sending and receiving state. the Vienna convention provides privileges an immunities to the diplomatic agents.

  Foreign Dipolmats.rtf (Size: 8.04 KB / Downloads: 502) ]]> Q. Describe and explain the various privileges and immunities enjoyed by a diplomatic envoy. who is personanon persona non- grata? (2003)
Q. Discuss the privileges and immunities enjoyed by the diplomatic envoys. (2005)
Q. Who is diplomatic envoy? what immunities and privileges are available to him. (2005/A)
1. Introduction:
Diplomatic agents are those persons why represents their respective state in another state by establishing office of embassy having an establishment the rules of international law governing diplomatic relation are mostly contained in the legislative provisions and judicial decisions of national law. the law has now been codified in Vienna convention on diplomatic relation 1964.
2. Meaning of immunity:
Immunity means exemption, as serving in an office or performing duties which the law generally requires other citizens to perform.
3. Classification of diplomatic agent:
According to Vienna convention 1961 following are classification of diplomatic agent.
(i) Ambassador and legates:
Ambassador are the diplomats agent of first degree. they are consider to be the personal representatives of the heads of their states and therefore they have special status.
(ii) Minister plenipotentiary internuncios and envoys extra- ordinary:
They are diplomatic agent of second degree. they are not the personal representatives of the sovereigns or heads of their states. they have no audience as of right with a head of state personally and are addressed as "excellency" by courtesy only. they enjoy privileges and immunities.
(iii) Charged affairs:
They are diplomatic agent of the last degree. their appointment is made by the foreign minister and not by the head of the state.
4. Basis of immunities and privileges:
There are two theories which are relevant in this regard.
(i) Theory of extra territoriality:
According to this theory, diplomatic agent enjoy immunities and privileges because they are deemed to be outside the jurisdiction of the state in which they are appointed.
(ii) Functional theory:
According to functional theory diplomatic agents enjoy immunities and privileges because they perform special kinds of function which are performed by them in the states where they are appointed.
5. Immunities and privileges of diplomatic agent:
According to Vienna convention 1961, following are immunities and privileges of the diplomatic agents.
(i) Inviolability of persons:
Diplomatic agents are inviolable. they a shall not be liable to any form of arrest or detention.
(ii) Immunity regarding residence:
Another immunity regarding diplomatic agent is regarding their residence. a permanent diplomatic mission needs premises from which to operate and the receiving state must help the sending state obtaining premises for the mission.
(iii) Immunity from criminal jurisdiction of courts:
Diplomatic agents enjoy immunities from criminal jurisdiction of court. however it is presumed that they will not violate the general principles of law of the state.
(iv) Immunity from civil jurisdiction:
Diplomatic agents enjoy immunities from the jurisdiction of civil courts.
(v) Immunity from being presented as witnesses:
Diplomatic agent can't be compelled to come to the court of law and give evidence in a case.
(vi) Immunity from taxes and dues:
Under international law the diplomatic agent are immune from the payment of taxes, or real , national regional and municipal except.
(a) Indirect taxes.
(b) Dues and taxes.
© Estate, succession or inheritance dues.
(vii) Immunity from inspection of personal Baggage:
The diplomatic agents have immunity from inspection of their personal baggage.
(viii) Control over subordinate and family:
Diplomatic agents have right to exercise control and jurisdiction over their officers and family.
(ix) Right to worship:
Diplomatic agents are free to follow any religion.
(x) Right to travel:
Diplomatic agents can travel in the territory of the receiving state.
(xi) Freedom of communication:
The diplomatic agents have freedom to communicate with their homeland in connection with their functions and duties.
(xii) Immunity from police rules:
The diplomatic agents have immunity from police rule of the state in which they are performing their functions and duties.
(xiii) Immunity from social security provisions:
The diplomatic agent are also immune from social security provisions in the state where they are appointed.
(xiv) Immunity from custom duty:
The diplomatic agents are immune from custom duty in the receiving state.
(xv) Immunity from local and military obligation:
The diplomatic agents are immune from the local and military obligations of the receiving state.
6. Main functions and duties of the diplomatic agents:
Following are the main functions and duties of diplomatic agents.
(i) Representation:
They represent the state which they are sent where they are accredited.
(ii) Protection:
Diplomatic agent protect the status of sending state as well as its national and property in the receiving state.
(iii) Observation:
The diplomatic agents observe the happening and all those matters which are important for sending state.
(iv) Negotiation:
The diplomatic agents perform negotiation functions on behalf of the sending state.
(v) Communication:
The diplomatic agents communicate the outcome of the negotiation to the sending state. according to oppenhiem diplomatic agent is the mouth piece of the head of his home state.
(vi) Promotion:
The diplomatic agent promote friendly relationship between the sending state and receiving state.
7. Cases when state can refuse to receive a diplomat:
A state can refuse to receive a diplomat on the following cases.
(i) Where there is no particular mission.
(ii) If the personality is non acceptable. i. e persona-non-grata.
8. Persona-Non-Grata:
Persona Non-Grata is position of diplomatic agent when he loses status of diplomatic agent.
(i) State which is entitled to declare persona non grata:
The receiving state is entitled to declare a diplomatic agent as Persona Non Grata (undersirable person).
(ii) When state can declare:
The receiving state can declare.
(i) Before arrival of the diplomatic agent in its territory.
(ii) After arrival of the diplomatic agent in its territory.
(iii) Grounds for declaring persona non grata:
(i) If he is obnoxious to his character.
(ii) Extremely hostile to the people and govt, of the receiving state.
(iii) Involves in activities against the receiving state.
9. Conclusion:
To conclude it can be said that diplomatic agents are those persons who are residing in foreign countries as representatives of the states by whom they are dispatched. they play important role between sending and receiving state. the Vienna convention provides privileges an immunities to the diplomatic agents.

  Foreign Dipolmats.rtf (Size: 8.04 KB / Downloads: 502) ]]> https://vuhelp.net/Thread-Write-note-on-Asylum-1997-2001 Thu, 06 Sep 2012 16:31:54 -0400 vustudents]]> https://vuhelp.net/Thread-Write-note-on-Asylum-1997-2001 1. Introduction:
Asylum is the protection which a state gives on its territory on in some other place under the control of certain of its organs to a person who comes to seek it. it is the right to every state to refuse to extradite any refugee in certain circumstances.
2. Meaning:
The word Asylum is Latin and derived from the Greek word "Asylia" which means invoidable place.
3. Definition:
Asylum is shelter and active protection extended to a political refugee from another state by a state which admits him on his request.
4. Basis of Asylum:
A state has a right to grant asylum to a person on the principle that it has a sovereign right to control over the individual found on its territory. the right of territorial asylum has been conferred to a state on the basis of its sovereignty over territory.
5. Elements of Asylum:
There are two main element of Asylum which are following.
(a) Shelter.
(b) Active protection on the part of the authorities in control of the territory of asylum.
6. Reasons for Asylum:
Following can be the main reasons for granting asylum.
(a) To save a person from the jurisdiction of the local authority.
(b) May be granted on extra legal ground so on humanitarian ground.
© For the sake of national security.
Corfu Channel Case 1949:
It was held by ICJ that Asylum may be granted on humanitarian ground in order to protect political offenders against the violent action.
7. Right of a person to claim asylum:
In accordance with the "universal declaration of human rights under article 15 "every one has a right to seek and enjoy in other countries asylum from prosecution.
8. Types of Asylum:
Asylum has two types.
(i) Territorial asylum.
(ii) Extra territorial or diplomatic asylum.
I. Territorial asylum:
When asylum is granted by a state in its own territory it is called territorial asylum. a state has right to admit or expel any person found on its territory. the grant of territorial asylum is discretionary in its nature.
(i) Reason for grating territorial asylum:
The right to grant asylum by a state to a person on it territory flows from the fact that every state exercise territorial sovereign over all person, on its territory.
(ii) Resolution of the general assembly on asylum 1969:
According to the resolution of the general assembly on asylum 1967, the states shall do the following in granting asylum.
(i) Where a person requests for asylum his request should not be rejected.
(ii) If state feels difficulty in granting asylum, then it must take appropriate meanures.
(iii) If asylum is granted, it should be respected by other states.
II. Extra territorial or diplomatic asylum:
When asylum is granted by a state at places outside its own territory it is called extra territorial or diplomatic asylum.
M' cnair views:
The term extra territorial or diplomatic asylum is usually, described to those cases in which a state decline to surrender a person demanded who is not upon its own physical territory but its upon one of its public ships lying foreign territorial waters or upon its diplomatic premises within foreign territory.
(a) Classification of extra territorial or diplomatic asylum:
Extra territorial or diplomatic asylum can be classified in to the following.
(i) Asylum in legation or foreign embassies:
Where asylum is granted by a state within its embassy premises situated in foreign country it is called asylum in legation. there is no general right to grant asylum in the premises of the legation. the international court of justice held that there is no general right of diplomatic asylum.
Exceptional cases:
Diplomatic asylum can be granted in the following cases.
(i) It can be granted for temporary period.
(ii) It can be granted where there is well established custom.
(iii) It can be granted where there is treaty.
(ii) Asylum in consulates:
The rules regarding asylum in consulates are similar to that of asylum in diplomatic or legation.
(iii) Asylum in warships:
Men of war and public vessels of foreign states, while in post or internal waters of another state are exempted from the jurisdiction of latter for the certain objects. asylum in warships may be granted on ground of humanity and fugitive once or board is perhaps immune from seizure by the territorial state.
Challies vs Fenwick case:
Court hold that asylum in warships can only be granted to political refugees not to criminal.
(iv) Asylum in Merchant Vessels:
Merchant vessels are not exempted from the local jurisdiction and therefore asylum can be granted to an offender however asylum can be granted if they conclude a treaty to this effect.
(v) Asylum in the premises of international institutions:
International law does not recognize rule regarding the grant of asylum in the premises of the international institutions. however temporary asylum may be granted in an extreme case of danger.
9. Conclusion:
To conclude it can be said that, asylum is shelter and active protection extended to a political refugee from another state by a state which admits him of his request. it has two main from territorial and extra territorial asylum. the main difference between two is in territorial asylum the refugee is within the territory of the state or refuge and in case of extra territorial the refugee is within the territory of the state where the offence was committed.

  Asylum.rtf (Size: 6.12 KB / Downloads: 647) ]]> 1. Introduction:
Asylum is the protection which a state gives on its territory on in some other place under the control of certain of its organs to a person who comes to seek it. it is the right to every state to refuse to extradite any refugee in certain circumstances.
2. Meaning:
The word Asylum is Latin and derived from the Greek word "Asylia" which means invoidable place.
3. Definition:
Asylum is shelter and active protection extended to a political refugee from another state by a state which admits him on his request.
4. Basis of Asylum:
A state has a right to grant asylum to a person on the principle that it has a sovereign right to control over the individual found on its territory. the right of territorial asylum has been conferred to a state on the basis of its sovereignty over territory.
5. Elements of Asylum:
There are two main element of Asylum which are following.
(a) Shelter.
(b) Active protection on the part of the authorities in control of the territory of asylum.
6. Reasons for Asylum:
Following can be the main reasons for granting asylum.
(a) To save a person from the jurisdiction of the local authority.
(b) May be granted on extra legal ground so on humanitarian ground.
© For the sake of national security.
Corfu Channel Case 1949:
It was held by ICJ that Asylum may be granted on humanitarian ground in order to protect political offenders against the violent action.
7. Right of a person to claim asylum:
In accordance with the "universal declaration of human rights under article 15 "every one has a right to seek and enjoy in other countries asylum from prosecution.
8. Types of Asylum:
Asylum has two types.
(i) Territorial asylum.
(ii) Extra territorial or diplomatic asylum.
I. Territorial asylum:
When asylum is granted by a state in its own territory it is called territorial asylum. a state has right to admit or expel any person found on its territory. the grant of territorial asylum is discretionary in its nature.
(i) Reason for grating territorial asylum:
The right to grant asylum by a state to a person on it territory flows from the fact that every state exercise territorial sovereign over all person, on its territory.
(ii) Resolution of the general assembly on asylum 1969:
According to the resolution of the general assembly on asylum 1967, the states shall do the following in granting asylum.
(i) Where a person requests for asylum his request should not be rejected.
(ii) If state feels difficulty in granting asylum, then it must take appropriate meanures.
(iii) If asylum is granted, it should be respected by other states.
II. Extra territorial or diplomatic asylum:
When asylum is granted by a state at places outside its own territory it is called extra territorial or diplomatic asylum.
M' cnair views:
The term extra territorial or diplomatic asylum is usually, described to those cases in which a state decline to surrender a person demanded who is not upon its own physical territory but its upon one of its public ships lying foreign territorial waters or upon its diplomatic premises within foreign territory.
(a) Classification of extra territorial or diplomatic asylum:
Extra territorial or diplomatic asylum can be classified in to the following.
(i) Asylum in legation or foreign embassies:
Where asylum is granted by a state within its embassy premises situated in foreign country it is called asylum in legation. there is no general right to grant asylum in the premises of the legation. the international court of justice held that there is no general right of diplomatic asylum.
Exceptional cases:
Diplomatic asylum can be granted in the following cases.
(i) It can be granted for temporary period.
(ii) It can be granted where there is well established custom.
(iii) It can be granted where there is treaty.
(ii) Asylum in consulates:
The rules regarding asylum in consulates are similar to that of asylum in diplomatic or legation.
(iii) Asylum in warships:
Men of war and public vessels of foreign states, while in post or internal waters of another state are exempted from the jurisdiction of latter for the certain objects. asylum in warships may be granted on ground of humanity and fugitive once or board is perhaps immune from seizure by the territorial state.
Challies vs Fenwick case:
Court hold that asylum in warships can only be granted to political refugees not to criminal.
(iv) Asylum in Merchant Vessels:
Merchant vessels are not exempted from the local jurisdiction and therefore asylum can be granted to an offender however asylum can be granted if they conclude a treaty to this effect.
(v) Asylum in the premises of international institutions:
International law does not recognize rule regarding the grant of asylum in the premises of the international institutions. however temporary asylum may be granted in an extreme case of danger.
9. Conclusion:
To conclude it can be said that, asylum is shelter and active protection extended to a political refugee from another state by a state which admits him of his request. it has two main from territorial and extra territorial asylum. the main difference between two is in territorial asylum the refugee is within the territory of the state or refuge and in case of extra territorial the refugee is within the territory of the state where the offence was committed.

  Asylum.rtf (Size: 6.12 KB / Downloads: 647) ]]> https://vuhelp.net/Thread-Only-one-of-the-following-statement-is-correct Thu, 06 Sep 2012 14:09:16 -0400 vustudents]]> https://vuhelp.net/Thread-Only-one-of-the-following-statement-is-correct Q. Only one of the following statement is correct. please first identify, the correct answer, then explain, elaborate discuss the correct one 1/3 marks are allocated for identifying the correct one.
(a) States are not obliged to provide, political or territorial Asylum. however they do consider to offer Asylum to a person, who is in dire need of that. this process is known as extradition.
(b) As per Mr. Estrada of Mexico recognition of state is an insulting practice and it offends sovereignt of other nation. this process of abstaining from recognition is called extradition.
© Handing over of accused or convict from one country to the jurisdiction of a demanding state, is called extradition.
(d) The lack of uniformity in state nationality laws has resulted in troublesome problem of multiple nationality statelessness etc. the doctrine which addresses these problems is identified as extradition process. (2001)
Q. Only one of the statement is correct out of the following. first identify the correct one then explain and discuss it.
(i) Extradition to adjudicate upon matters pending before ICJ, for ultimate benefit of the parties.
(ii) 'Extradition' means handing over of accused/ convict from one country to the jurisdiction of a demanding state.
(iii) "Extradition"means forceful retaliation by state against acts of aggression of another state.
(iv) 'Extradition' means to provide political Asylum to nation of some specific state who demand it. (2002)
1. Introduction:
Extradition is handing over of accused or convict from one country to the jurisdiction of demanding country or state. it is the duty of each state either to punish the criminal or to return them to the states where they have committed crime. under international law the extradition is a matter of bilateral treaty.
2. Meaning of extradition:
It is derived from Latin words ex and trdium which means delivery of criminals.
Osborn, s concise law dictionary:
Extradition s the delivery of a person who has committed a crime in one country and with in the authority of another country in which he has taken refuge to.
3. Definition:
Oppenheim:
:Extradition is the delivery of an accused or a convicted individual to 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.
Lawrence:
"Extradition is surrender by one state to another of an individual who is found with in the territory of the former and is accused of having committed a crime within the territory of the letter or who having committed a crime outside the territory of the letter is one of its subject and such by its law amendable to its jurisdiction."
J.g Starke:
"The term extradition denotes the process whereby under treaty or upon the basis of reciprocity one state surrenders to another at its request a person accused or convicted of a criminal offence committed against the laws of the requesting state such requesting state being competent to try the alleged offender."
4. Basis:
The extradition is based on the maxim aut punire aut dedere which means that offender must be punished by the refuge state or surrendered be the state which alleges him of that charge.
5. Extraditable persons:
Following are extraditable person.
(i) Own nationals of state.
(ii) Nationals of a third state.
6. Objects of extradition:
No criminal should be unpunished because of lack of jurisdiction so the sole object is to punish offender.
7. Conditions applicable to extradition:
Conditions applicable to extradition are as under:
(a) There should be extraditable person.
(b) There should be extraditable crime.
© There must be treaty between extraditing .state and demanding state.
(d) Offence must be same in both states.
(e) There must be sufficient evidence against accused.
8. Extraditable crimes:
There is no legal proibition n extradition a person for any crime but generally extradition is made in respect of more serious crimes.
9. Limitations:
Following are limitations of extradition.
I Religious offence:
The rules of extradition are not applicable to religious matters.
Sulman rushdi case:
British government refused to hand over accused because it was religious matter.
(ii) Political offence:
The rules of extradition are not applicable to political offences so on political calls for extradition.
Re. kolezyuski and others (1955) all. E.A 31
The term offence must offernce must always be considered according to the circumstances existing at the time even they have to be considered.
(iii) Trifling cases:
Trifling case are not covered by the rule of extradition of political character was not intended to be exhaustive.
10. Position in Pakistan:
In Pakistan extradition act 1930 regulates extradition form Pakistan. it provides procedure for the surrender of fugitive criminals.
11. Conclusion:
To conclude it can be said that extradition is a process towards the suppression of crime. it is based on reciprocity. international law dose not recognize any general duty of states in respect of states. it depends upon the provision of the extradition treaties. so it is matter of bilateral treaty.

  Extradition.rtf (Size: 5.84 KB / Downloads: 407) ]]> Q. Only one of the following statement is correct. please first identify, the correct answer, then explain, elaborate discuss the correct one 1/3 marks are allocated for identifying the correct one.
(a) States are not obliged to provide, political or territorial Asylum. however they do consider to offer Asylum to a person, who is in dire need of that. this process is known as extradition.
(b) As per Mr. Estrada of Mexico recognition of state is an insulting practice and it offends sovereignt of other nation. this process of abstaining from recognition is called extradition.
© Handing over of accused or convict from one country to the jurisdiction of a demanding state, is called extradition.
(d) The lack of uniformity in state nationality laws has resulted in troublesome problem of multiple nationality statelessness etc. the doctrine which addresses these problems is identified as extradition process. (2001)
Q. Only one of the statement is correct out of the following. first identify the correct one then explain and discuss it.
(i) Extradition to adjudicate upon matters pending before ICJ, for ultimate benefit of the parties.
(ii) 'Extradition' means handing over of accused/ convict from one country to the jurisdiction of a demanding state.
(iii) "Extradition"means forceful retaliation by state against acts of aggression of another state.
(iv) 'Extradition' means to provide political Asylum to nation of some specific state who demand it. (2002)
1. Introduction:
Extradition is handing over of accused or convict from one country to the jurisdiction of demanding country or state. it is the duty of each state either to punish the criminal or to return them to the states where they have committed crime. under international law the extradition is a matter of bilateral treaty.
2. Meaning of extradition:
It is derived from Latin words ex and trdium which means delivery of criminals.
Osborn, s concise law dictionary:
Extradition s the delivery of a person who has committed a crime in one country and with in the authority of another country in which he has taken refuge to.
3. Definition:
Oppenheim:
:Extradition is the delivery of an accused or a convicted individual to 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.
Lawrence:
"Extradition is surrender by one state to another of an individual who is found with in the territory of the former and is accused of having committed a crime within the territory of the letter or who having committed a crime outside the territory of the letter is one of its subject and such by its law amendable to its jurisdiction."
J.g Starke:
"The term extradition denotes the process whereby under treaty or upon the basis of reciprocity one state surrenders to another at its request a person accused or convicted of a criminal offence committed against the laws of the requesting state such requesting state being competent to try the alleged offender."
4. Basis:
The extradition is based on the maxim aut punire aut dedere which means that offender must be punished by the refuge state or surrendered be the state which alleges him of that charge.
5. Extraditable persons:
Following are extraditable person.
(i) Own nationals of state.
(ii) Nationals of a third state.
6. Objects of extradition:
No criminal should be unpunished because of lack of jurisdiction so the sole object is to punish offender.
7. Conditions applicable to extradition:
Conditions applicable to extradition are as under:
(a) There should be extraditable person.
(b) There should be extraditable crime.
© There must be treaty between extraditing .state and demanding state.
(d) Offence must be same in both states.
(e) There must be sufficient evidence against accused.
8. Extraditable crimes:
There is no legal proibition n extradition a person for any crime but generally extradition is made in respect of more serious crimes.
9. Limitations:
Following are limitations of extradition.
I Religious offence:
The rules of extradition are not applicable to religious matters.
Sulman rushdi case:
British government refused to hand over accused because it was religious matter.
(ii) Political offence:
The rules of extradition are not applicable to political offences so on political calls for extradition.
Re. kolezyuski and others (1955) all. E.A 31
The term offence must offernce must always be considered according to the circumstances existing at the time even they have to be considered.
(iii) Trifling cases:
Trifling case are not covered by the rule of extradition of political character was not intended to be exhaustive.
10. Position in Pakistan:
In Pakistan extradition act 1930 regulates extradition form Pakistan. it provides procedure for the surrender of fugitive criminals.
11. Conclusion:
To conclude it can be said that extradition is a process towards the suppression of crime. it is based on reciprocity. international law dose not recognize any general duty of states in respect of states. it depends upon the provision of the extradition treaties. so it is matter of bilateral treaty.

  Extradition.rtf (Size: 5.84 KB / Downloads: 407) ]]> https://vuhelp.net/Thread-The-amicable-peaceful-methods-of-settlement-are-ideal Thu, 06 Sep 2012 12:19:01 -0400 vustudents]]> https://vuhelp.net/Thread-The-amicable-peaceful-methods-of-settlement-are-ideal (a) Briefly highlight such means.
(b) Give a detailed view of the other (coercive) means for settlement of international disputes.
© Which mode suit the present day post modern era of this planet. (2001)
Q. What do you understand by the term "international disputes". what are the peaceful and coercive means for settlement of international disputes. (2003)
Q. Discuss various diplomatic methods for peaceful settlement of peace. (2005)
1. Introduction:
International dispute is disagreement between two or more more states on a point of law or fact international law lays down the procedure for the settlement of international disputes because it has lays been the objective of international law to develop means and ways through which the disputes among the nations may be resolved.
2. Meaning of international dispute:
Mavommatis Palestine concession case PCLJ serives A o. 2 P. 11
"A disagreement on a point of law or fact, a conflict of legal views or interest between two persons."
3. Causes of international disputes:
Main causes of international disputes are as under.
i) Ideological difference.
ii) National integrity.
iii) Territorial claim.
iv) National prestige.
v) Unlimited colonialism.
vi) Liberation moveement.
4. Conditions:
According to Prof. Lawrence:
In order to acquire the states of international dispute the following requisites must be fulfilled.
(a) The dispute must be between states.
(b) The dispute must relate to reasonable, well defined subject matter.
© The dispute must lead to some action by the aggrieved state.
5. Origin of rules and procedure:
The rules and procedure are derived from.
(a) Matters of custom or common practices.
(b) Large number of law making treaties.
6. Kinds of settlement:
I. Peaceful or amicable means of settlement:
The charter of the united nations has recognized the peaceful settlement of disputes as on the principles of united nations. following are the modes of peaceful settlement.
(i) Arbitration:
Arbitration is a method to settle a dispute by a certain persons called arbitrators. the decision of arbitrator. Article 15 of the Hague convention lays down that "international arbitration has for its object the settlement of differences between states by judges of their own choice and on the basis of respect of law."
(ii) Judicial settlement:
Judicial settlement is peaceful mode to settle the international dispute. at present there is a court which is called international court of justice, which decide the international disputes. the decisions of the international court of justice are binding upon the parties concerned.
(iii) Negotiation:
It is inter course between states for the purpose of arriving at a settlement of the dispute. it may be carried out the head of the states or diplomatic agents. negotiation is the simplest form of settling the international dispute by the state.
(iv) Good offices and mediation:
When the parties refuse to negotiate usually a friendly third state assists in solution of international dispute. the third state plays its role without participating in the negotiation between the parties. in mediation third state not only offers its services but actively participates in talks to resolve disputes.
(v) Conciliation:
Conciliation is process of formal proposals of settlement after an investigation of a facts by a commission or committee.
(vi) Enquiry:
Enquiry is used with other methods. in enquiry facts are investigated. the main purpose of enquiry is to make investigation of the relevant matters so as to establish facts which may help the ultimate solution of the problem.
(vii) United nation:
Settlement of disputes by peaceful means is one of the principles of the united nation as provided under article 2 para 3 of the charter. the general asserably and security council has been given wide powers in respect of pacific settlement of international disputes.
7. Compulsive or coercive means of settlement:
If international disputes are not resolved through peaceful manners it can be resolved through forcible methods.
(i) Restoration:
Restoration is a reaction by a state against discourteous or inequitable acts of another state such retaliation taking the form unfriendly legitimate act within the competence the state whose dignity has been affronted. through this means diplomatic relation may be ended, privileges of diplomatic agents may be withdrawn and economic facilities may be stopped.
(ii) Reprisals:
A reprisals consists of act which would generally otherwise be quite illegal whereas restoration consists of retaliatory conduct to which would otherwise be a quite illegal whereas restoration consists of retaliatory conduct to which no legal objection can be taken.
(iii) Pacific blocked:
Blockade is coercive means for the settlement of disputes. it consists in temporary suspension of commerce of the offending state by the closing of access to its coasts. when blocked is applied during war it is called as pacific blockade. through pacific blocked ingress and agrees of ports of a state are blockaded.
(iv) Embargo:
Embargo is detention of ships in port. according to Hyde embargo is detention within the national domain of ship or other property otherwise likely to find their way to the foreign territory. this method may be applied by a state in respect of its own vessels or to the vessels of other states.
(v) International:
International is dictatorial interference by a state in the affair of another state for the purpose maintaining the actual condition of things.
8. Conclusion:
To conclude it can be said that international dispute is a disagreement on the point of law or fact between two states. the international law provides different means to settle the dispute which may pacific and coercive `or compulsive. today the pacific means are best modes to settle the international disputed.

  Settlement Of Disputes.rtf (Size: 6.63 KB / Downloads: 433) ]]> (a) Briefly highlight such means.
(b) Give a detailed view of the other (coercive) means for settlement of international disputes.
© Which mode suit the present day post modern era of this planet. (2001)
Q. What do you understand by the term "international disputes". what are the peaceful and coercive means for settlement of international disputes. (2003)
Q. Discuss various diplomatic methods for peaceful settlement of peace. (2005)
1. Introduction:
International dispute is disagreement between two or more more states on a point of law or fact international law lays down the procedure for the settlement of international disputes because it has lays been the objective of international law to develop means and ways through which the disputes among the nations may be resolved.
2. Meaning of international dispute:
Mavommatis Palestine concession case PCLJ serives A o. 2 P. 11
"A disagreement on a point of law or fact, a conflict of legal views or interest between two persons."
3. Causes of international disputes:
Main causes of international disputes are as under.
i) Ideological difference.
ii) National integrity.
iii) Territorial claim.
iv) National prestige.
v) Unlimited colonialism.
vi) Liberation moveement.
4. Conditions:
According to Prof. Lawrence:
In order to acquire the states of international dispute the following requisites must be fulfilled.
(a) The dispute must be between states.
(b) The dispute must relate to reasonable, well defined subject matter.
© The dispute must lead to some action by the aggrieved state.
5. Origin of rules and procedure:
The rules and procedure are derived from.
(a) Matters of custom or common practices.
(b) Large number of law making treaties.
6. Kinds of settlement:
I. Peaceful or amicable means of settlement:
The charter of the united nations has recognized the peaceful settlement of disputes as on the principles of united nations. following are the modes of peaceful settlement.
(i) Arbitration:
Arbitration is a method to settle a dispute by a certain persons called arbitrators. the decision of arbitrator. Article 15 of the Hague convention lays down that "international arbitration has for its object the settlement of differences between states by judges of their own choice and on the basis of respect of law."
(ii) Judicial settlement:
Judicial settlement is peaceful mode to settle the international dispute. at present there is a court which is called international court of justice, which decide the international disputes. the decisions of the international court of justice are binding upon the parties concerned.
(iii) Negotiation:
It is inter course between states for the purpose of arriving at a settlement of the dispute. it may be carried out the head of the states or diplomatic agents. negotiation is the simplest form of settling the international dispute by the state.
(iv) Good offices and mediation:
When the parties refuse to negotiate usually a friendly third state assists in solution of international dispute. the third state plays its role without participating in the negotiation between the parties. in mediation third state not only offers its services but actively participates in talks to resolve disputes.
(v) Conciliation:
Conciliation is process of formal proposals of settlement after an investigation of a facts by a commission or committee.
(vi) Enquiry:
Enquiry is used with other methods. in enquiry facts are investigated. the main purpose of enquiry is to make investigation of the relevant matters so as to establish facts which may help the ultimate solution of the problem.
(vii) United nation:
Settlement of disputes by peaceful means is one of the principles of the united nation as provided under article 2 para 3 of the charter. the general asserably and security council has been given wide powers in respect of pacific settlement of international disputes.
7. Compulsive or coercive means of settlement:
If international disputes are not resolved through peaceful manners it can be resolved through forcible methods.
(i) Restoration:
Restoration is a reaction by a state against discourteous or inequitable acts of another state such retaliation taking the form unfriendly legitimate act within the competence the state whose dignity has been affronted. through this means diplomatic relation may be ended, privileges of diplomatic agents may be withdrawn and economic facilities may be stopped.
(ii) Reprisals:
A reprisals consists of act which would generally otherwise be quite illegal whereas restoration consists of retaliatory conduct to which would otherwise be a quite illegal whereas restoration consists of retaliatory conduct to which no legal objection can be taken.
(iii) Pacific blocked:
Blockade is coercive means for the settlement of disputes. it consists in temporary suspension of commerce of the offending state by the closing of access to its coasts. when blocked is applied during war it is called as pacific blockade. through pacific blocked ingress and agrees of ports of a state are blockaded.
(iv) Embargo:
Embargo is detention of ships in port. according to Hyde embargo is detention within the national domain of ship or other property otherwise likely to find their way to the foreign territory. this method may be applied by a state in respect of its own vessels or to the vessels of other states.
(v) International:
International is dictatorial interference by a state in the affair of another state for the purpose maintaining the actual condition of things.
8. Conclusion:
To conclude it can be said that international dispute is a disagreement on the point of law or fact between two states. the international law provides different means to settle the dispute which may pacific and coercive `or compulsive. today the pacific means are best modes to settle the international disputed.

  Settlement Of Disputes.rtf (Size: 6.63 KB / Downloads: 433) ]]> https://vuhelp.net/Thread-What-are-modes-of-acquisition-and-loss-of-territory-under-international-law-1997 Thu, 06 Sep 2012 10:20:34 -0400 vustudents]]> https://vuhelp.net/Thread-What-are-modes-of-acquisition-and-loss-of-territory-under-international-law-1997 Q. Explain the various methods of acquisition of territory in international law. (2005)
Q. Explain the various methods of acquisition of territory in international law. (2006/S)
1. Introduction:
The state has four essentials namely population territory, government and sovereignty. territory is one of the four elements which a state in order to be an international person must possess. the state must have a fixed territory the territory of the state includes not only land within its jurisdiction, but also the natural resources. Lakes, rivers and the mariginal sea. the air space above the land is also part of the territory. the state jurisdiction is exercised by the state over persons and property within a particular territory.
2. Definition:
Oppenheim:
"State territory is that definite portion of the surface of the globe which is subjected to the sovereignty of the state."
3. Modes of acquiring territory:
Following are modes of acquiring territory.
(i) Occupation:
Occupation in international law means an act of appropriation by a state over a territory which does not belong to any other state.
Stark's views:
"In order to see whether a state has occupation over a particular territory it is see whether there is effective occupation of that state over the territory concerned."
(a) Essentials elements for effective occupation:
There are two essential elements that constitute an effective occupation of that state over another territory.
(i) Direct evidence of possession.
(ii) An exhibition of actual authority.
(b) Case law:
U. S. A vs Netherland 1929:
Held:
For acquiring sovereign over a particular territory effective occupation is necessary.
(ii) Prescription:
If a state exercises control over a territory continuously for a long time without any interruption and possess it defacto, the concerned territory becomes part of that state. this mode is known as prescription international law does not fix any certain time so as to a title by prescription. however length time required for prescription is a matter which should be decided by international court of justice or tribunal where the case is brought for adjudication.
(i) Conditions:
A state may acquire some territory by prescription only when the following conditions are fulfilled.
(i) Where occupying state has not accepted the sovereignty of any other state over the said territory.
(ii) Possession should be peaceful.
(iii) There should be no interruption.
(iv) Possession should be for a definite period not less than 20 years.
(iii) Accretion:
When a new territory is added, mainly through natural causes to existing territory, that is already under sovereign of acquiring state.
(i) Forms of Accretion:
(i) Artificial.
(ii) Natural.
(iv) Cession:
Cession is the transfer of sovereign over a definite territory by one state to another state.
(i) Forms of Cession:
(i) Voluntary.
(ii) Under compulsion.
(v) Annexation:
It is the acquisition of the territory of an enemy through the military force in time of war.
U. S Charter on Annexation:
This mode has been greatly affected by UN charter by Art. 2(4) under which member state cannot acquire territories by annexation.
(vi) Lease:
A state may give territory to another state under lease for a certain period.
(vii) Pledge:
Pledge in also a mode of acquiring state territory. under some circumstances a state is compelled to pledged of part of it territory in return of certain amount of money.
(viii) Adjudication:
Adjudication is also mode of acquiring territory. it occurs where a conference of the victorious powers at the end of a war assigns territory to a particular state for the sake of settlement of peace.
4. Modes of losing territory:
(i) Cession:
the acquisition of territory by one state is loss to the other. the act of cession may be in the nature of gift, sale, exchange or lease.
(ii) Operation of nature:
A state may lose territory by operation of nature for e. g. by earthquake, a coast of the sea a Island may altogether disappear.
(iii) Subjugation:
As a state may acquire territory through annexation, the other state may lose it through subjugation.
(v) Revolt:
When a new state takes birth in consequences of revolution or revolt it would be lost of territory by revolt.
(vi) Renunciation:
Renunciation is a mode of losing territory by renunciation. it is the very opposite of the occupation which requires both possession and intention.
(vii) Independence to a Colony:
Granting of independence to a colony is also a mode of losing imperialist state grants independence to the areas under its control.
Kinds of cession:
(i) Valid:
Any act which indicates an intention to transfer sovereignty is sufficient.
(ii) Voluntary:
The act of cession may be voluntary or under compulsion as a result of war.
5. Conclusion:
To conclude it can be said that territory is an important element for state. the occupation, accretion, cession, prescription are modes of acquiring territory by the state. the concept of territorial sovereignty signifies the fact that within a particular territory jurisdiction is exercises by the state. the state territory may also be lost in different ways.

  Acquisition And Loss Of State Territory.rtf (Size: 6.23 KB / Downloads: 618) ]]> Q. Explain the various methods of acquisition of territory in international law. (2005)
Q. Explain the various methods of acquisition of territory in international law. (2006/S)
1. Introduction:
The state has four essentials namely population territory, government and sovereignty. territory is one of the four elements which a state in order to be an international person must possess. the state must have a fixed territory the territory of the state includes not only land within its jurisdiction, but also the natural resources. Lakes, rivers and the mariginal sea. the air space above the land is also part of the territory. the state jurisdiction is exercised by the state over persons and property within a particular territory.
2. Definition:
Oppenheim:
"State territory is that definite portion of the surface of the globe which is subjected to the sovereignty of the state."
3. Modes of acquiring territory:
Following are modes of acquiring territory.
(i) Occupation:
Occupation in international law means an act of appropriation by a state over a territory which does not belong to any other state.
Stark's views:
"In order to see whether a state has occupation over a particular territory it is see whether there is effective occupation of that state over the territory concerned."
(a) Essentials elements for effective occupation:
There are two essential elements that constitute an effective occupation of that state over another territory.
(i) Direct evidence of possession.
(ii) An exhibition of actual authority.
(b) Case law:
U. S. A vs Netherland 1929:
Held:
For acquiring sovereign over a particular territory effective occupation is necessary.
(ii) Prescription:
If a state exercises control over a territory continuously for a long time without any interruption and possess it defacto, the concerned territory becomes part of that state. this mode is known as prescription international law does not fix any certain time so as to a title by prescription. however length time required for prescription is a matter which should be decided by international court of justice or tribunal where the case is brought for adjudication.
(i) Conditions:
A state may acquire some territory by prescription only when the following conditions are fulfilled.
(i) Where occupying state has not accepted the sovereignty of any other state over the said territory.
(ii) Possession should be peaceful.
(iii) There should be no interruption.
(iv) Possession should be for a definite period not less than 20 years.
(iii) Accretion:
When a new territory is added, mainly through natural causes to existing territory, that is already under sovereign of acquiring state.
(i) Forms of Accretion:
(i) Artificial.
(ii) Natural.
(iv) Cession:
Cession is the transfer of sovereign over a definite territory by one state to another state.
(i) Forms of Cession:
(i) Voluntary.
(ii) Under compulsion.
(v) Annexation:
It is the acquisition of the territory of an enemy through the military force in time of war.
U. S Charter on Annexation:
This mode has been greatly affected by UN charter by Art. 2(4) under which member state cannot acquire territories by annexation.
(vi) Lease:
A state may give territory to another state under lease for a certain period.
(vii) Pledge:
Pledge in also a mode of acquiring state territory. under some circumstances a state is compelled to pledged of part of it territory in return of certain amount of money.
(viii) Adjudication:
Adjudication is also mode of acquiring territory. it occurs where a conference of the victorious powers at the end of a war assigns territory to a particular state for the sake of settlement of peace.
4. Modes of losing territory:
(i) Cession:
the acquisition of territory by one state is loss to the other. the act of cession may be in the nature of gift, sale, exchange or lease.
(ii) Operation of nature:
A state may lose territory by operation of nature for e. g. by earthquake, a coast of the sea a Island may altogether disappear.
(iii) Subjugation:
As a state may acquire territory through annexation, the other state may lose it through subjugation.
(v) Revolt:
When a new state takes birth in consequences of revolution or revolt it would be lost of territory by revolt.
(vi) Renunciation:
Renunciation is a mode of losing territory by renunciation. it is the very opposite of the occupation which requires both possession and intention.
(vii) Independence to a Colony:
Granting of independence to a colony is also a mode of losing imperialist state grants independence to the areas under its control.
Kinds of cession:
(i) Valid:
Any act which indicates an intention to transfer sovereignty is sufficient.
(ii) Voluntary:
The act of cession may be voluntary or under compulsion as a result of war.
5. Conclusion:
To conclude it can be said that territory is an important element for state. the occupation, accretion, cession, prescription are modes of acquiring territory by the state. the concept of territorial sovereignty signifies the fact that within a particular territory jurisdiction is exercises by the state. the state territory may also be lost in different ways.

  Acquisition And Loss Of State Territory.rtf (Size: 6.23 KB / Downloads: 618) ]]> https://vuhelp.net/Thread-Define-nationality-how-is-it-acquired-and-lost-1998-1999-2006-S Thu, 06 Sep 2012 08:24:01 -0400 vustudents]]> https://vuhelp.net/Thread-Define-nationality-how-is-it-acquired-and-lost-1998-1999-2006-S 1. Introduction:
Nationality is status of a person who is attached to a state by the tie of allegiance. it is a relationship between a state and individual. the fundamental basis of a nationality of a person is membership of an independent political community. the question of determination of nationality comes within the doctrine of municipal law. the Hague conference (1930) while adopting convention of the conflict of nationality laws left to each state to determine as to "who are its nationals under its own laws".
2. Meaning:
The word nationality is derive from the word national which simply means subject of a particular state.
3. Definition:
According to Openheim:
"Nationality of an individual is his quality being a subject of a certain state."
M. P Tandon:
"Nationality is the character or quality arising from membership of some particular nation or state which determines the political states and allegiance of a person."
Hyde:
"Nationality is a relationship between a state and an individual which is such that the former may regard the latter as owing allegiance to itself."
4. Determination of nationality
U. S v/s Wong Kum Ark 1898:
It was held that state may determine as to what type or class of people shall be entitled to citizenship.
5. Right of nationality:
According to article 15 (i) of the universal declaration of human rights 1984 i. e every one has rights to a nationality. the hague convention on certain questions relating to the conflict of nationality laws 1930 provides that it is for each state to determine under its municipal law who are its nationals.
6. Importance of nationality:
Strak's views
(i) Protection of rights:
Protection of rights of the diplomatic agents are in consequences of nationality.
(ii) Jurisdiction of state:
State exercises jurisdiction over civil and criminal matters over the persons of its nationality.
(iii) Practice of state during war:
During war enemy is determined on the basis of nationality.
(iv) Refusal to extradite:
State can refuse to extradite its own nationals.
(v) Responsibility of state:
States shall be responsible for harmful acts committed by their nationals if they allow them to commit such a harmful acts.
7. Modes of acquisition:
Following are the modes of acquisition of nationality.
I. By birth:
The chief mode of acquiring nationality is by birth. a person acquires nationality of the state where he is born.
(i) Kinds of nationality by birth:
(a) Jus Soli:
It is nationality according to territory or locality of birth.
(b) Jus Sanguinis:
It is nationality according to the nationality of the parents.
II. By naturalisation:
Nationalisation is a process by which a person living in a foreign state acquire a citizenship of that state or it takes place when a person becomes the subject of state to which he was before an alien. there are six way of nationalisation.
(a) Marriage:
The wife assumes her husband's nationality, if latter is the national of another state.
(b) Legitimation:
A legitimate child acquires the nationality of his father.
© Option:
If a person fulfils the requisite conditions prescribed by the law of any state, he may be offered nationality by that state.
(d) Domicile:
If a person keeps domicile of a state he also gets the nationality of that state.
(f) Government service:
If a person gets govt, service in a state he acquires the nationality of that state.
(i) Permission by state to apply:
If law of any state permits application from persons for conferring nationality. such person may get nationality if they prove their eligibility.
III. By resumption:
It happens when a person resumes his nationality after losing it.
IV. By subjugation:
It is a acquired when a state is defeated or conquered and when all citizen acquire nationality of conquering state.
V. By cessation:
When a state has been ceded in another state. the people of that territory get nationality of the state in which the territory has been merged.
VI. By legislative or administrative act:
Nationality can also be acquired by the legislative or administrative act of the state.
8. Modes of losing nationality:
According to oppenhiem nationality can be lost in the following ways.
(i) Release:
It is effected by submitting an application by the nationality holder. if the application is allowed he may lose his nationality.
(ii) Deprivation:
Some states provide deprivation of nationality in certain circumstances. if a national of a state gets his appointment in another state without seeking prior permission of his state, he will be deprived of the nationality in that state.
(iii) Residence Abroad for long period:
If a person resides for a long period in abroad his nationality is lost.
(iv) Substitution:
Loss of nationality of substitution occurs when a person loses nationality of one state and acquires nationality of another state.
(v) Substitution:
Loss of nationality of substitution occurs when a person loses nationality of one state and acquires nationality of another state.
9. Difference between nationality and citizenship:
I. As to relation:
Nationality is relationship between national and individual.
Citizenship is relationship between the persons and state law.
II. As to right:
A person may get international rights by getting nationality of a state.
The rights of citizenship are concerned with the state law.
III. As to scope:
Nationality has wider scope.
Citizenship has less scope.
IV. As to law:
Nationality concern both with municipal laws and international law.
Citizenship concern with municipal law only.
10. Conclusion:
To conclude it can be said that nationality is a legal relationship between the states and its citizens. a person without nationality is statelessness. universal declaration of human rights 1984 provides that every one has the right of nationality. there are different modes of acquiring and losing nationality.

  Nationality.rtf (Size: 7.21 KB / Downloads: 606) ]]> 1. Introduction:
Nationality is status of a person who is attached to a state by the tie of allegiance. it is a relationship between a state and individual. the fundamental basis of a nationality of a person is membership of an independent political community. the question of determination of nationality comes within the doctrine of municipal law. the Hague conference (1930) while adopting convention of the conflict of nationality laws left to each state to determine as to "who are its nationals under its own laws".
2. Meaning:
The word nationality is derive from the word national which simply means subject of a particular state.
3. Definition:
According to Openheim:
"Nationality of an individual is his quality being a subject of a certain state."
M. P Tandon:
"Nationality is the character or quality arising from membership of some particular nation or state which determines the political states and allegiance of a person."
Hyde:
"Nationality is a relationship between a state and an individual which is such that the former may regard the latter as owing allegiance to itself."
4. Determination of nationality
U. S v/s Wong Kum Ark 1898:
It was held that state may determine as to what type or class of people shall be entitled to citizenship.
5. Right of nationality:
According to article 15 (i) of the universal declaration of human rights 1984 i. e every one has rights to a nationality. the hague convention on certain questions relating to the conflict of nationality laws 1930 provides that it is for each state to determine under its municipal law who are its nationals.
6. Importance of nationality:
Strak's views
(i) Protection of rights:
Protection of rights of the diplomatic agents are in consequences of nationality.
(ii) Jurisdiction of state:
State exercises jurisdiction over civil and criminal matters over the persons of its nationality.
(iii) Practice of state during war:
During war enemy is determined on the basis of nationality.
(iv) Refusal to extradite:
State can refuse to extradite its own nationals.
(v) Responsibility of state:
States shall be responsible for harmful acts committed by their nationals if they allow them to commit such a harmful acts.
7. Modes of acquisition:
Following are the modes of acquisition of nationality.
I. By birth:
The chief mode of acquiring nationality is by birth. a person acquires nationality of the state where he is born.
(i) Kinds of nationality by birth:
(a) Jus Soli:
It is nationality according to territory or locality of birth.
(b) Jus Sanguinis:
It is nationality according to the nationality of the parents.
II. By naturalisation:
Nationalisation is a process by which a person living in a foreign state acquire a citizenship of that state or it takes place when a person becomes the subject of state to which he was before an alien. there are six way of nationalisation.
(a) Marriage:
The wife assumes her husband's nationality, if latter is the national of another state.
(b) Legitimation:
A legitimate child acquires the nationality of his father.
© Option:
If a person fulfils the requisite conditions prescribed by the law of any state, he may be offered nationality by that state.
(d) Domicile:
If a person keeps domicile of a state he also gets the nationality of that state.
(f) Government service:
If a person gets govt, service in a state he acquires the nationality of that state.
(i) Permission by state to apply:
If law of any state permits application from persons for conferring nationality. such person may get nationality if they prove their eligibility.
III. By resumption:
It happens when a person resumes his nationality after losing it.
IV. By subjugation:
It is a acquired when a state is defeated or conquered and when all citizen acquire nationality of conquering state.
V. By cessation:
When a state has been ceded in another state. the people of that territory get nationality of the state in which the territory has been merged.
VI. By legislative or administrative act:
Nationality can also be acquired by the legislative or administrative act of the state.
8. Modes of losing nationality:
According to oppenhiem nationality can be lost in the following ways.
(i) Release:
It is effected by submitting an application by the nationality holder. if the application is allowed he may lose his nationality.
(ii) Deprivation:
Some states provide deprivation of nationality in certain circumstances. if a national of a state gets his appointment in another state without seeking prior permission of his state, he will be deprived of the nationality in that state.
(iii) Residence Abroad for long period:
If a person resides for a long period in abroad his nationality is lost.
(iv) Substitution:
Loss of nationality of substitution occurs when a person loses nationality of one state and acquires nationality of another state.
(v) Substitution:
Loss of nationality of substitution occurs when a person loses nationality of one state and acquires nationality of another state.
9. Difference between nationality and citizenship:
I. As to relation:
Nationality is relationship between national and individual.
Citizenship is relationship between the persons and state law.
II. As to right:
A person may get international rights by getting nationality of a state.
The rights of citizenship are concerned with the state law.
III. As to scope:
Nationality has wider scope.
Citizenship has less scope.
IV. As to law:
Nationality concern both with municipal laws and international law.
Citizenship concern with municipal law only.
10. Conclusion:
To conclude it can be said that nationality is a legal relationship between the states and its citizens. a person without nationality is statelessness. universal declaration of human rights 1984 provides that every one has the right of nationality. there are different modes of acquiring and losing nationality.

  Nationality.rtf (Size: 7.21 KB / Downloads: 606) ]]>