A Short

Introduction to
Public
International Law

By Neel Mani Tripathi

(PhD and post-doc in Law)
Introduction
Public International Law governs the legal
relations between sovereign states,
international organizations, and other
international actors. It sets out principles and
rules to regulate issues such as the use of
force, the protection of human rights,
environmental protection, and the resolution
of disputes between states. The primary goal
of Public International Law is to ensure
peace, security, and cooperation among
nations.
1. Nature and Scope of Public
International Law
Public International Law is a body of
legal norms that apply to states and
international entities in their dealings
with one another. Unlike municipal law,
it lacks a centralized enforcement
authority, relying instead on mutual
consent, reciprocity, and the collective
actions of states.
Key Elements
1. Sovereignty: States are supreme
within their territories and equal
under international law.
2. Recognition: Involves accepting
the statehood or legitimacy of
governments by other states.
3. Jurisdiction: Defines the authority
of a state over individuals and
activities within or beyond its
borders.
Theories
 • Monist Theory: Suggests
international law and domestic law
form a single system, with
international law taking
precedence.
• Dualist Theory: Argues that
international law and municipal
law are distinct systems requiring
incorporation into domestic law.
Case Law
• Barcelona Traction Case (1970):
Introduced the concept of erga
 omnes obligations, which are
duties owed by states to the
international community as a
whole, such as the prohibition of
genocide.
2. Sources of Public International
Law
The Statute of the International Court
of Justice (Article 38) identifies the
main sources of international law:
A. Treaties
Treaties are written agreements between
states or international organizations
governed by international law. They
may be bilateral or multilateral.
• Vienna Convention on the Law
of Treaties (1969): Codifies the
rules for treaty formation,
interpretation, and termination.
• Case Law: North Sea Continental
Shelf Cases (1969) clarified that
customary law could supplement
treaty provisions.
B. Customary International Law
Custom arises from consistent state
practices performed out of a sense of
legal obligation (opinio juris).
• Case Law: The Paquete Habana
(1900) affirmed that established
customs, like protecting fishing
vessels during war, are legally
binding.
C. General Principles of Law
These principles, such as equity, good
faith, and natural justice, are
recognized universally.
• Case Law: Chorzów Factory Case
(1928) emphasized the principle of
reparation for breaches of
international obligations.
D. Judicial Decisions and Scholarly
Writings
Decisions from international courts,
such as the International Court of Justice
(ICJ), and legal commentaries serve as
subsidiary sources of law.
3. Fundamental Principles of Public
International Law
A. Sovereign Equality
All states, regardless of size or power,
are equal under international law. This
principle underpins the UN Charter and
ensures non-discrimination.
B. Non-Intervention
States are prohibited from interfering in
the internal affairs of others.
• Case Law: Nicaragua v. United
States (1986) held that U.S. support
for contras in Nicaragua violated
the principle of non-intervention.
C. Pacta Sunt Servanda
Treaties are binding on the parties that
consent to them and must be executed in
good faith.
D. Jus Cogens (Peremptory Norms)
Certain norms are fundamental to
international law, such as the
prohibition of torture, slavery, and
genocide.
• Case Law: Prosecutor v.
Furundzija (1998) established
torture as a jus cogens norm.
E. State Responsibility
When a state breaches international law,
it must provide reparations. This
principle ensures accountability for
wrongful acts.
• Case Law: Corfu Channel Case
(1949) recognized Albania's
responsibility for failing to warn
ships of mines in its waters.
4. Key Concepts in Public
International Law
A. Recognition of States
Recognition can be de jure (permanent)
or de facto (temporary). States must
meet criteria such as a defined territory,
permanent population, and effective
government.
• Case Law: Tinoco Arbitration
Case (1923) held that recognition
depends on effective control.
B. Diplomatic Immunity
Diplomats are protected under the
Vienna Convention on Diplomatic
Relations (1961) from legal actions in
their host countries.
 • Case Law: United States
Diplomatic and Consular Staff in
Tehran (1980) reaffirmed the
sanctity of diplomatic immunity.
C. Jurisdiction
Jurisdiction determines the legal
authority of a state over persons,
property, and events. It can be:
1. Territorial: Limited to actions
within a state's territory.
 2. Personal: Over nationals outside
its borders.
3. Universal: Over certain crimes,
like piracy or genocide,
irrespective of location.
5. International Organizations
A. United Nations (UN)
• Established in 1945 to maintain
international peace and security.
• Key organs include:
 o Security Council: Authorizes
collective measures.
o General Assembly:
Deliberative body of all
member states.
o ICJ: Resolves disputes
between states.
B. International Court of Justice
(ICJ)
• Principal judicial organ of the UN.
• Resolves disputes and issues
advisory opinions.
 • Case Law: Aegean Sea
Continental Shelf Case (1978)
addressed maritime boundary
disputes.
C. International Criminal Court
(ICC)
• Tries individuals for crimes like
genocide, war crimes, and crimes
against humanity.
• Established by the Rome Statute
(1998).
6. Contemporary Issues in Public
International Law
A. Human Rights
• Governed by treaties like the
Universal Declaration of Human
Rights (1948), ICCPR, and
ICESCR.
• Case Law: Soering v. United
Kingdom (1989) prohibited
extradition to countries where the
accused faces inhuman treatment.
B. Environmental Protection
• Includes agreements like the Paris
Agreement (2015) on climate
change.
• Case Law: Trail Smelter
Arbitration (1941) established
liability for transboundary
environmental harm.
C. Cybersecurity
• Evolving norms address
cyberwarfare and cybercrime.
 • Tallinn Manual: Offers guidelines
on applying international law to
cyberspace.
7. Challenges in Public International
Law
• Lack of Centralized
Enforcement: Relies on state
compliance and collective action.
• Political Bias: Influence of
powerful states on international
organizations.
 • Emerging Issues: Non-state
actors, terrorism, and cyber threats
challenge traditional frameworks.
8. Recommendations
• Strengthen mechanisms for
enforcing international obligations.
• Increase the role of international
courts in resolving disputes.
• Develop binding rules for
emerging issues like climate
change and cybersecurity.
Conclusion
Public International Law provides a
framework for maintaining global order
and addressing shared challenges. While
it faces limitations in enforcement and
political bias, its principles continue to
evolve, ensuring relevance in a rapidly
changing world. Strengthening
cooperation among nations is crucial for
its effective implementation.
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