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Sem 418 chapters

Public International Law: Study Notes

The full subject, chapter by chapter. Free to read, no signup. Every chapter ends with the leading cases and the confusions examiners like to exploit.

Unit 1: Nature, Sources & Subjects

Definition, Nature and Scope of International Law

What international law is, its nature as law and its scope, including the Austinian challenge to IL as true law.

International Law and Municipal Law

Relationship between international and municipal law: monism, dualism, and how IL is applied within domestic systems.

Sources and Codification of International Law

Sources of international law under Article 38 ICJ Statute (treaties, custom, general principles, decisions, writings) and codification.

Unit 2: States & Recognition

Recognition of States and Government

Recognition of states and governments: constitutive vs declaratory theories, de facto and de jure recognition.

State Succession

State succession to rights, obligations, treaties, debts and assets on territorial change.

State Territory and Modes of Acquisition

Modes of acquiring state territory: occupation, prescription, accretion, cession, and the outlawing of conquest.

State Responsibility for International Delinquencies

State responsibility for internationally wrongful acts: attribution, breach of obligation, and reparation.

Unit 3: Individuals & Diplomacy

Position of Individual, Nationality and Statelessness

The individual in international law: nationality, its acquisition and loss, and the problem of statelessness.

Extradition

Extradition of fugitives between states: double criminality, specialty, and the political-offence exception.

Asylum

Territorial and diplomatic asylum and the limits on a state's right to grant it.

Diplomatic Privileges and Immunities

Diplomatic privileges and immunities under VCDR 1961: inviolability of mission and person, immunity from jurisdiction.

Treaties: Formation, Consent, Reservation and Termination

Law of treaties under VCLT 1969: formation, reservations, pacta sunt servanda, and termination.

Unit 4: Treaties & Domains

Legal Regime of the Seas

UNCLOS maritime zones: territorial sea, contiguous zone, EEZ, continental shelf, and the high seas.

Legal Regime of Airspace and Outer Space

Sovereignty over airspace and the non-appropriation, freedom-of-use regime for outer space.

Unit 5: International Organisations

International Organisations and League of Nations

International organisations as subjects of IL and the League of Nations as the first collective-security experiment.

United Nations

The United Nations: purposes, principal organs, and the collective-security system under the Charter.

International Court of Justice and International Criminal Court

The ICJ (inter-state disputes, Art 38) and the ICC (individual criminal responsibility for core crimes).

Specialised Agencies of the United Nations

UN specialised agencies (ILO, WHO, UNESCO, IMF and others) and their functions in the UN system.

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