International Law

Given / Concept: International Law is broadly divided into two branches — Public International Law and Private International Law. The distinction is as follows:

| Basis | Public International Law | Private International Law |
|---|---|---|
| Definition | It governs the legal relations between sovereign States and international organisations. | It governs legal relations between private individuals or entities belonging to different countries. |
| Parties involved | States, international organisations, and sometimes individuals (e.g., in human rights law). | Private individuals, corporations, or entities from different nations. |
| Subject matter | War and peace, treaties, diplomatic relations, human rights, law of the sea, etc. | Contracts, marriage, property, torts, and other civil matters having a cross-border element. |
| Sources | Treaties, customary international law, general principles, judicial decisions (Art. 38, ICJ Statute). | Domestic conflict-of-laws rules, bilateral treaties, and private agreements. |
| Enforcement | Through the ICJ, ICC, UN Security Council, and other international bodies. | Through domestic courts applying conflict-of-laws (choice of law) rules. |
| Example | A boundary dispute between India and Pakistan referred to the ICJ. | A contract dispute between an Indian company and a French company — which country's law applies? |

Conclusion: While Public International Law regulates the conduct of States on the world stage, Private International Law (also called Conflict of Laws) determines which domestic legal system governs a dispute involving private parties from different countries.

Given / Concept: The Office of the United Nations High Commissioner for Human Rights (OHCHR) was established by General Assembly Resolution 48/141 on 20 December 1993. The High Commissioner is the principal human rights official of the United Nations.

Role of the UN High Commissioner for Human Rights:

1. Promotion and Protection of Human Rights: The High Commissioner promotes and protects the enjoyment and full realisation of all human rights — civil, cultural, economic, political, and social — by all people.

2. Advisory Services: The office provides technical assistance and advisory services to governments, national human rights institutions, and civil society organisations to strengthen their capacity to protect human rights.

3. Coordination within the UN System: The High Commissioner coordinates human rights activities throughout the entire UN system and ensures that human rights are mainstreamed into all UN programmes and policies.

4. Monitoring and Reporting: The office monitors human rights situations across the world and prepares reports for the UN General Assembly and the Human Rights Council, drawing attention to violations.

5. Responding to Violations: The High Commissioner responds to serious violations of human rights and takes preventive action by engaging with governments and other stakeholders.

6. Dialogue with Governments: The Commissioner engages in dialogue with governments to encourage them to ratify international human rights treaties and implement their obligations.

7. Public Awareness: The office works to raise global awareness about human rights issues and the importance of international human rights standards.

Conclusion: The UN High Commissioner for Human Rights acts as the global conscience for human rights, working to ensure that the rights enshrined in international instruments are respected, protected, and fulfilled worldwide.

Given / Concept: The sources of International Law are authoritatively listed in Article 38(1) of the Statute of the International Court of Justice (ICJ). These are the materials and processes from which international legal rules are derived.

Sources of International Law:

1. International Conventions / Treaties (Article 38(1)(a))
- Treaties are formal written agreements between two or more States.
- They are the most important and clearest source of international law.
- Bilateral treaties bind only the two parties; multilateral treaties (e.g., the UN Charter, Geneva Conventions) may bind many States.
- A treaty is binding only on States that have ratified or acceded to it (*pacta sunt servanda* — agreements must be kept).

2. International Custom (Article 38(1)(b))
- Customary international law arises from the consistent and general practice of States followed out of a sense of legal obligation (*opinio juris*).
- Two elements are required: (i) State practice — widespread and consistent conduct of States, and (ii) Opinio juris — the belief that such practice is legally obligatory.
- Example: The principle of diplomatic immunity developed as customary law before being codified in the Vienna Convention.

3. General Principles of Law (Article 38(1)(c))
- These are principles recognised by civilised nations in their domestic legal systems that are applied at the international level.
- Examples include principles of good faith, equity, res judicata, and the principle that no one can be a judge in their own cause.

4. Judicial Decisions (Article 38(1)(d)) — Subsidiary Source
- Decisions of international courts (especially the ICJ) and tribunals are used as subsidiary means for determining rules of law.
- Under Article 59 of the ICJ Statute, decisions bind only the parties to the case, but they carry great persuasive authority.

5. Writings of Publicists (Article 38(1)(d)) — Subsidiary Source
- The teachings and writings of the most highly qualified publicists (scholars) of international law are also a subsidiary source.
- Works of scholars like Hugo Grotius, Vattel, and Malcolm Shaw have shaped international legal thinking.

Other Modern Sources (not in Art. 38 but recognised):
- Resolutions of the UN General Assembly — though not legally binding, they reflect international opinion and can contribute to the formation of customary law.
- Acts of International Organisations — decisions of bodies like the UN Security Council (under Chapter VII) can be binding.

Conclusion: The sources of international law work together to form a comprehensive legal framework. Treaties and custom are the primary sources, while judicial decisions and scholarly writings assist in interpreting and developing the law.