Introduction to Public International Law

Public International Law (PIL) is the body of legal rules and principles that
govern relations between states and international entities. It establishes
guidelines for diplomacy, war, trade, human rights, and global cooperation.
Unlike domestic law, which applies within a single country, PIL regulates
interactions among sovereign nations and international organizations like the
United Nations (UN), World Trade Organization (WTO), and International
Court of Justice (ICJ).

Nature

Decentralized Legal System – No single global authority enforces it.

State-Centric – Primarily applies to sovereign states but also covers

international organizations and individuals.

Consensual – States accept international law through treaties, customs, and

agreements.

Scope

Regulates diplomatic relations and sovereignty.

Protects human rights and resolves disputes between states.

Governs war and peace, including rules for self-defense and armed conflicts.

Manages international trade and environmental protection.

Sources of Public International Law

The sources of PIL are defined in Article 38 of the Statute of the International
Court of Justice (ICJ) and include primary and secondary sources.

Primary Sources (Binding Sources)

International Treaties & Conventions (e.g., UN Charter, Geneva

Conventions).e .g United Nations Charter (1945), Geneva Conventions
(1949), Paris Agreement (2015

International Customary Law (e.g., Diplomatic Immunity, Prohibition of

Genocide).

General Principles of Law (e.g., Pacta Sunt Servanda (agreements must

be kept), due process, good faith in treaties.

Secondary Sources (Non-Binding but Persuasive)

Judicial Decisions of International Courts (e.g., ICJ, ICC rulings).

Writings of Legal Scholars (e.g., work of Hugo Grotius, Oppenheim).

Subjects of Public International Law

a) States (Primary Subjects)

Sovereign entities with defined territories and recognized governments.

Enjoy rights and obligations under international law (e.g., right to self-
defense).

b) International Organizations

UN, WTO, WHO, ICJ, etc. – created by treaties to perform global functions.

Individuals

Traditionally, individuals were not subjects of PIL.

Now, individuals can be held accountable for crimes like genocide, war
crimes (e.g., ICC prosecutes individuals).

Types of Public International Law

Public International Law can be classified into several branches based on its
application and purpose.

A. Traditional vs. Modern International Law

Traditional International Law

Focused on state sovereignty and relations between governments only.

Example: Law of Treaties, Diplomatic Relations.

Modern International Law

Expands beyond states to include individuals, corporations, and international

organizations.

Example: Human Rights Law, Environmental Law, International Trade Law.

B. Subfields of Public International Law

Human Rights Law

Example: Universal Declaration of Human Rights (UDHR), European

Convention on Human Rights.
International Humanitarian Law (IHL)

Governs conduct during armed conflicts.

Example: Geneva Conventions, The Hague Conventions.

Law of the Sea

Regulates maritime boundaries and ocean resources.

Example: United Nations Convention on the Law of the Sea (UNCLOS).

International Criminal Law

Punishes crimes such as genocide, war crimes, and crimes against humanity.

Example: International Criminal Court (ICC), Rome Statute.

International Economic Law

Governs trade and financial relations between states.

Example: World Trade Organization (WTO), International Monetary Fund

(IMF).

Environmental Law

Addresses global issues like climate change and pollution.

Example: Paris Agreement, Kyoto Protocol.

International Dispute Resolution

Mechanisms for peaceful settlement of disputes.

Example: International Court of Justice (ICJ), Arbitration Tribunals.

4. Aims of Public International Law

Public International Law serves several key purposes:

Maintain International Peace and Security

Example: UN Charter prohibits use of force except in self-defense.

Regulate Relations Between States

Establishes legal rules for treaties, trade, and diplomatic relations.

Example: Vienna Convention on Diplomatic Relations.

Protect Sovereignty and Territorial Integrity

Example: Non-intervention principle in UN Charter.

Promote Human Rights and Justice

Protects individuals against state abuses.

Example: International Human Rights Treaties (UDHR, ICCPR, ICESCR).

Provide Mechanisms for Dispute Resolution

Prevents conflicts through peaceful settlements.

Example: ICJ and arbitration tribunals.

Regulate Armed Conflicts and Warfare

Limits how wars are fought to protect civilians.

Example: Geneva Conventions and Hague Conventions.

Facilitate Global Cooperation

Encourages states to work together on trade, security, and environmental

issues.

Example: World Health Organization (WHO) in global pandemics.

Important Case Laws in Public International Law

Corfu Channel Case (1949, ICJ) – Established the principle that states must
not use their territory to harm others.

Nicaragua v. USA (1986, ICJ) – Reinforced the prohibition of use of force and
non-intervention.

Kashmir Dispute (UN Resolution 47, 1948) – Calls for a plebiscite under UN
supervision

Conclusion

Public International Law plays a crucial role in regulating global interactions,

ensuring peace, protecting human rights, and resolving disputes. Its sources
(treaties, customs, principles, judicial decisions, and scholarly writings) guide
its implementation. The different branches of international law address
various aspects of global governance, while its aims focus on peace, justice,
sovereignty, and cooperation.

International Court of Justice (ICJ) – 5 Marks Answer

The International Court of Justice (ICJ) is the principal judicial organ of the
United Nations (UN), established in 1945 under the UN Charter and based in
The Hague, Netherlands. It settles legal disputes between states and gives
advisory opinions on international legal issues.

Key Features:

Composition – 15 judges elected for 9 years by the UN General Assembly

and Security Council.

Jurisdiction – Decides disputes between states (e.g., border conflicts,

maritime disputes).

Advisory Role – Provides legal opinions to UN bodies.

Not Binding on Non-Consenting States – Only states can be parties to

cases; individuals cannot approach the ICJ.

Famous Cases – Nicaragua v. USA (1986), Kulbhushan Jadhav Case (India v.

Pakistan, 2019).

The ICJ plays a vital role in maintaining peace, justice, and legal order among
nations.

United Nations Organization (UNO)

The United Nations Organization (UNO) was established on 24 October 1945

after World War II to maintain international peace and security. It has 193
member states and is headquartered in New York, USA.

Main Organs of the UN:

General Assembly – Main deliberative body where all member states have
one vote.

Security Council – Maintains global peace, has 5 permanent members (USA,

UK, France, Russia, China) with veto power.

International Court of Justice (ICJ) – Settles legal disputes.

Secretariat – Administrative body led by the UN Secretary-General.

Economic and Social Council (ECOSOC) – Handles global economic and social
issues.

Trusteeship Council – Now inactive, previously oversaw decolonization.

The UN works for world peace, development, human rights, and
humanitarian aid through agencies like WHO, UNESCO, and UNICEF.