Public International Law

• Public International Law

  Traditional concept

  Schwarzenberger
• United states

  is not is state or a super state but a mere organization of states, it is regarded as an international person for certain purposes.
• Colonies and dependencies

  A colony or a dependency is part and parcel of the parent state, through which all its external relations are transacted with other states. As such, therefore, it has no legal standing in the family of nations. Nevertheless, such entities have been allowed on occasion to participate in their own right in international undertaking and granted practically the status of a sovereign state.
• Mandates and trust territories

  The system of mandates was established after the World War I in order to avoid outright annexation of the underdeveloped territories taken from the defeated powers and to place their administration under some forms of international supervision.
• Belligerent communities


  When a portion of the population rises up in arms against the legitimate government of the states
• International administrative bodies

  Created by agreement among states may be vested with international personality when two conditions concur, to wit, that their purposes are mainly non-political and that they are autonomous. Examples: international labor organization, food and agricultural organization, world health organization INDIVIDUALS Individual only as an object of international law who can act only through the instrumentality of his own state in matters involving others states.
• The name “United Nations” was coined by United States President Franklin D. Roosevelt was first used in the Declaration by United Nations of 1 January 1942, where 26 nations pledged their governments to continue fighting together against the Axis Powers.
• • The Charter was signed on 26 June 1945 by the representatives of 50 countries. Poland which was not represented at the Conference, signed it later and became one of the original 51 Member States.
• Delegate of fifty nations met at the San Francisco conference from April 25, to June 26, 1945, and prepared and unanimously approved the charter of the United Nations. This came into force on October 24, 1945.
• UN CHARTER

  s a lengthy document consisting of 111 articles besides the preamble and the concluding provisions.
• Amendments

  When they have been adopted by the vote of 2/3 of the members of the general assembly and ratified accordance with their respective constitutional processes by 2/3 of the members of the U.N., including all the permanent members of the Security Council
• A GENERAL CONFERENCE may be called by majority vote of the general assembly and any nine members of the security council for the purpose of reviewing the charter. Amendments may be proposed by the vote of 2/3 of the members of the general assembly and ratified accordance with their respective constitutional processes by the 2/3 of the members of the U.N., including all the permanent members of the Security Council
• Preamble of the charter

  Introduces the charter and sets the common intentions that moved the original members to unite their will and efforts to achieve their common purpose.
• Kind of membership

  Original, Elective
• Original

  those states which, having participated in the U.N conference on international organization at San Francisco or having previously signed the declaration by U.N of January 1, 1942, signed and ratifies the charter of the U.N.
• Elective

  The distinction between the two is based only on the manner of their admission and does not involve any difference in the enjoyment of rights or the discharge of obligations.
• Admission

  Decision of 2/3 of those present and voting in the general assembly upon the recommendation of at least nine (including all the permanent) members of the Security Council
• Suspension

  •Effected by 2/3 of those present and voting in the general assembly upon favorable recommendation of at least nine members of the Security Council including the permanent members The suspension may be lifted alone by the Security Council, also by a qualified majority vote.
• Expulsion

  2/3 vote of those present and voting in the general assembly, upon recommendation of a qualified majority of the security Council, on grounds of persistently violating the principles contained in the Charter.
• Withdrawal

  No provision on withdrawal from membership was includes in the Charter because of the fear that it might encourage successive withdrawals that would weaken the organization. 
• General assembly

  Consists of all the members of the organization, each of which is entitled to send not more than 5 representatives and 5 alternates Each member of the G.A has one vote.
• Deliberative

  initiating studies and making recommendations toward the progressive development of international law and its codification and recommending measure for the peaceful adjustment of any situation
• Supervisory

  receiving and considering annual and special reports from the other organs of the U.N.
• Financial

  the consideration and approval of the budget of the organization, the apportionment of expenses among its members and the approval of financial arrangements with specialized agencies.
• Elective

  the election of non- permanent members of the Security Council.
• Constituent

  admission of the members and the amendment of the Charter of the U.N.
• 5 permanent members

  China, france, united kingdom, united states, Russia
• 10 ELECTIVE MEMBERS: 5 African and Asian States 2 Latin American States 2 Western European and other states 1 Eastern European State
• CHAIRMANSHIP

  Rotated every calendar month on a basis of English alphabet order of names.
• Yalta formula

  devised at the crimea conference o Each member shall have one vote, but the distinction is made between the Big Five and the non-permanent members in the resolution of substantive questions.
• Procedural matters

  are to be decided by the affirmative vote of any nine or more members.
• Non-procedural matters

  require the concurrence of also at least nine members but included all the permanent members
• Permanent members

  may cast a VETO an thereby prevent agreement on a non-procedural question even if it is supported by all the other members of the Security Council. They may also exercise the so called DOUBLE VETO
• Tristeeship council

  Charged with the duty of assisting the Security Council and the general assembly in the administration of the international trusteeship system.
• International court of justice

  Also known as the World Court, is the main judicial organ of UN. It was established in June 1945 by the Charter of the United Nations and began work in April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands).
• Secretariat

  Chief administrative organ of the U.N Headed by SECRETARY GENERAL . Chose by the G.A upon recommendation security council of the Fixed 5 years term by resolution of the G.A and may be re elected by Highest representative of the U.N and is authorized to act in itself.
• Secondary organs

  Those which have been created by or in accordance with the charter such as the military staff committee, the international law commission and the commission on human rights.
• Neutralized states

  • an independent state, whether it be simple or composite, may be neutralized through the agreement with other states by virtue of which the latter will guarantee its integrity and independence provided it refrains from taking any act that will involve it in war or other hostile activity except for defensive purposes.
• Define territory

  • fixed portion of the surface of the earth in which the people of the state reside
• TREATIES/CONVENTIONS

  • Whether national or particular, establishing rules expressly recognized by the contesting states