Public international law

Ans: There are three kinds of remedies available in the case of a nuisance, these are: 1. Injunction An injunction is a judicial order restraining a person from doing or continuing an act which might be threatening or invading the legal rights of another. It may be in the form of a temporary injunction which is granted on for a limited period of time which may get permanent once confirmed. If it is confirmed, then it takes the form of a permanent injunction. 2. Damages The damages may be offered in terms of compensation to the aggrieved party, these could be nominal damages. The damages to be paid to the aggrieved party is decided by the statue and the purpose of the damages is not just compensating the individual who has suffered but also making the defendant realise his mistakes and deter him from repeating the same wrong done by him. 3. Abatement Abatement of nuisance means the removal of a nuisance by the party who has suffered, without any legal proceedings. This kind of remedy is...

Ans:  Trespass ,  is the direct physical interference with the plaintiff’s possession of the property through some material or tangible object whereas, in the case of a nuisance , it is an injury to some right of the possession of the property but not the possession itself. Trespass is actionable per se (actions which do not require allegations or proof), whereas, in the case of a nuisance, only the proof of actual damage to the property is required and is per se actionable.  Example 1:  Simply entering on another individual’s property without the owner’s consent and without causing him any injury would be trespass whereas if there is an injury to the property of another or any interference with his enjoyment of the property, then it will amount to a nuisance. It is to be noted that if the interference with the use of the property is direct, then the wrong is trespass whereas if the interference with the use or enjoyment of the property is consequential then it will ...

Ans: Private Nuisance is that kind of nuisance in which a person’s use or enjoyment of his property is ruined by another. It may also injuriously affect the owner of the property by physically injuring his property or by affecting the enjoyment of the property.

Ans: Public nuisance affects the society as well as the people residing in it at large, or some considerable portion of the society and it affects the rights which the members of the society might enjoy over the property. The acts which seriously affects or impedes with the health, safety or comfort of the general public is a public nuisance.

Ans:   Essential elements of Nuisance:  Wrongful act Any act which is done with the intention to cause the infringement of the legal rights of another is considered to be a wrongful act. Damage or loss or annoyance caused to another individual. Damage or loss or annoyance must be such which the law should consider as a substantial material for the claim.

Ans: The word “nuisance” has been derived from the Old French word “nuire” which means “to cause harm, or to hurt, or to annoy”. The Latin word for nuisance is “nocere” which means “to cause harm”.

Ans: The Geneva Conventions are four treaties, and three additional protocols, that establish international legal standards for humanitarian treatment in war to maintain human ecology in environment. Human ecology is an interdisciplinary and transdisciplinary study of the relationship between humans and their natural, social, and built environments. Religious differences can absolutely not be justification for conflict, and places of worship should in no case be used as targets. This problem is related to the 'violation of the basic principles of international humanitarian law'. The facts of the instant problem are similar to 'Temple of the Tooth Attack Case'. Temple of the Tooth attack is an attack on the Buddhist Temple in Kandy, Sri Lanka. On 25/01/1998, the LTTE exploded massive truck bomb inside the Temple of the Tooth premises, which was to be the centre the independence day celebrations. Three suicide LTTE Black Tigers drove an explosive laden truck along the Kin...

Ans:  Transboundary pollution is the pollution that originates in one country but is able to cause damage in another country's environment, by crossing borders through pathways like water or air. Pollution can be transported across hundreds and even thousands of kilometres.  A nuclear accident occurred at the Chernobyl Nuclear Power Plant in Ukraine in 1986 had serious detrimental effects upon human health, property and the natural environment and damage was suffered not only in Ukraine itself, but in several countries. Montreal protocol has promoted the principle of transboundary liability. The principle of transboundary liability plays a significant role in the area of international environmental law and governance.  The Montreal Protocol was signed on 16th September,  1987. The Montreal Protocol, finalized in 1987, is a global agreement to protect the stratospheric ozone layer by phasing out the production and consumption of ozone-depleting substances  The oz...

Ans: Theories of recognition There are mainly two theories which revolve around recognizing a state by other nations, Constitutive Theory and Declarative Theory or Evidentiary Theory. The Constitutive theory defines a state as a person of international law if, and only if, it is recognized as sovereign by other states.  According to declarative theory, an entity's statehood is independent of its recognition by other states. The declarative model was most famously expressed in the 1933 Montevideo Convention.  Article 3 of the Convention declares that statehood is independent of recognition by other states.   According to this theory, the statehood or the authority of new Government is not dependent on the consent of the existing state but is based on some prior or existing fact. According the followers of this theory, the recognition by the existing states is merely a formal acknowledgement of the statehood and not the condition.This theory has been subject to critici...

Ans: Change of regime of state can happen in two ways: 1. Normal course 2.  Coup d' eat ( revolt , revolution,  etc) Insurgent forces : Some part of territory and no de facto recognition. Belligerent forces: De facto recognition. New Regime:  Can be de facto recognition or de Jure recognition. 

 Ans:  De facto recognition means on the basis of facts and de Jure recognition means on the basis of rights. De Jure recognition is permanent recognition and is obtained by the state . It fulfills all the condition of state and before it,  the state has de facto recognition. De facto recognition is temporary and provisional whereas de Jure recognition is formal and definitive.  De facto recognition has lesser degree of recognition whereas de Jure recognition has fullest kind of recognition. De facto recognition is temporary and de jure recognition is final . De facto recognition can be withdrawn whereas de Jure recognition can not be withdrawn according to article 6 of Montevideo convention,  1933. Generally De facto recognition was given to state which are formed through revolt . De Jure recognition is given to state which are formed by peaceful and constitutional means. Full diplomatic relations can not be established,  full immunities to diplomats may n...

Ans: There are several benefits of recognition: 1. A state can sue the another state if it is has recognition. 2. To get sovereign immunity for itself from recognizing state. 3. To enter into diplomatic and treaty relationship with recognizing state.  4. Recognition effect is retroactive effect. To get the retroactive effect for its past legislative and Executive acts as recognized state. 5. To be entitled to the succession and possession of the property situated in recognizing state.

Ans: Recognition is acknowledging political entity of another state.  A state can not declare itself as a state or can not declare any territory of state as its territory.  When the International community provides the recognition of state, it will be considered as state. It could be express, implied, conditional or premature.  Premature is generally a defacto recognition. It is a declaration of existence of certain facts. Montevideo convention 1933 says that the state has to have the four qualifications for recognition of state: 1. Permanent population 2. Definite territory 3. Government 4. Capacity to enter into relations with other states( sovereignty) Keywords used :  Acknowledge means to accept.  Pms: population territory government capacity 

 Ans:  1. Asylum ends when extradition initiates. Asylum is providing protection and a safe place by host country to all those who have been exposed to Risk and Persecution and therefore have left their home counties. 2. Extradition is the process of sending back a fugitive by one country to another,  the main purpose is to criminally prosecute the fugitive . Columbia V. Peru, 1950 Diplomatic Asylum infringe the territorial sovereignty of any nation and thus can not be legally recognized. If any state grants diplomatic Asylum,  it will have to prove that the state has the right to grant diplomatic asylum and it should be respected by the territorial state.  The court also mentioned that there is not any international treaty for diplomatic asylum. Keywords used:  Fugitive: भगोड़ा

Ans: Asylum is a Latin word which derives its origin from the Greek word " Asylia" which means freedom from seizure. Asylum means to give protection or shelter to person of one country by another country who is criminal or wanted person. There is no legal definition of Asylum but it can be understood as legal protection  granted to the people who have fled their home countries due to warship, conflict, persecution or fear of persecution. Suppose a person commits crime in India and the fled to Dubai. The Dubai Government provides shelter and protection to that person instead of handing over the person to Indian Government.  It is called an Asylum. A person who seeks international Asylum i.e., an Asylum seeker is known as an asylee. The following are the laws that grants asylum to refugee:  Universal declaration of Human rights( UDHR):  Refugee convention 1951 Vienna declaration on human rights and programme of action and convention on political Asylum, 1993. Arti...

Ans: The two military grouping that emerged after the world war 2, the eastern and western bloc of countries became locked in an arms race. There was the era of cold war at that time.The  super powers were USA and Russia and the race of weapons started between these two countries.They made so many weapons that they can destroy the complete earth.Thus a fear got arisen about the arms or weapons of the countries.Disarmament means to go away from weapons or denying oneself or a country from possessing weapons or certain types of weapons.  The disarmament means to not keep all weapons or some specific weapons like nuclear weapons. The league of nations promoted the naval disarmament conferences and thus the big powers like U.K. , the USA,  France, Japan and Italy fixed sizes of the naval ships and the armaments they carry. India and Nuclear Disarmament: Even if India is a nuclear weapon state but it also supports nuclear disarmament. India is one of the countries that denied ...

Ans: The Romans have given the theory of International law of war . The credit of laws of war is given to Romans. Romans deserved the credit for developing the laws of war. According to them, there were two types of war: 1. Just 2. Unjust Termination of war is possible in two ways according to Romans  :  1.Through treaty of peace 2. Through Conquest and Annexation(CA) Categories of treaties according to International law of Romans: 1. Treaty of friendship 2. Treaty of Alliance 3. Treaty of Hospitality Friendship, Alliance,  Hospitality.  Friend alla hospital se.

Ans:  1. The head quarter of General Assembly is in New York, USA . The term of secretary of General Assembly is 1 year.  2. The head quarter of security council is in New York.  3. The Head Quarter of sectretariat is in new york.  4. The head of International court of Justice is in Hague,  Netherland.   5. The head quarter of Economic and Social Council is in New York, U.S.A.  6. The head quarter of trusteeship council is in New York,  USA.  PMS: General Assembly,  Security Council, Secretariat,  International court of Justice,  Economic and Social Council,  Trusteeship. 

Ans: Germany joined League of nation in 1925 but due to hitler's dictatorship in 1933, Germany left the league of nation. In 1931 , the league of nation failed to prevent the Japanese aggression against China.  In 1935, Italy invaded abyssinia and Abyssinia appealed to the league under Article 10 of the covenant, Italy left league of nation to conquer abyssinia.  The judicial settlement by international court of justice was also not made compulsory and member states were allowed to violate international law and imperil peace and security of world with impunity. x

Ans: When one state is succeeded by another state , it is called state succession. Jammu and Kashmir was seperate state and Hari Singh was the king of Jammu and Kashmir at that time and Jammu and Kashmir was merged in India in 1947.  The Goa state was merged in India  or was succeeded by India in 1947. This is called state succession . 

Public international law: rights and obligations of sovereign states. Private international law: conflict of states International law is of two types:  1. Private International Law: Jus inter gentes- Convention and Agreement between nations  They are mostly applicable to business. ( Globalization) 2. Public international Law:  Jus gentium- law of nations.  Kyoto Protocol ( International Agreement on climate change)

Ans:  United Nations Educational,  Scientific and Cultural Organization: The United Nations Educational, Scientific and Cultural Organization (UNESCO) is a specialized agency of the United Nations (UN) aimed at promoting world peace and security through international cooperation in education, arts, sciences and culture.   The Constitution of UNESCO was signed by fifty four states on November 16, 1945. The preamble of the Constitution States that "Since was the minds of men that the defences of peace must be constructed and that begins in the minds of mean, it is in everlasting peace must be founded upon the intellectual and moral solidarity of mankind". The purpose of the Organisation is to promote collaboration among the nations through education, science and culture in order to further universal respect for justice, for the rule of law and for human rights and fundamental freedoms. The UNESCO is an abbreviation of the United Nati...

Ans: The W. H. O. has its objective the attainment by all peoples of the 'Highest possible level of health'. Its activities include advisory services to the Nations of the World, the development of their health administration and general technical services for promotion of the study of the health problems, establishment of an international pharmacopoeia and publication of health statistics. The main organs of the World Health organisation are Assembly, the Executive Board and the Secretariat. The World Health Assembly is the Legislative Organ and meets once a year to determine the policy and the programme of World Health Organization. The Executive Board is a smaller body and meets at least twice a year to give effects to the decisions of the General Assembly. The Secretariat under the Director General is engaged in the administrative work of the W. H. O. Besides these,  there are a number of expert and technical committees which assist the organization in the discharge of its ...

 Ans: The Food and Agriculture Organization of the United Nations (FAO) is an agency of the United Nations that leads international efforts to defeat hunger. Serving both developed and developing countries, FAO acts as a neutral forum where all nations meet as equals to negotiate agreements and debate policy. FAO is also a source of knowledge and information, and helps developing countries and countries in transition modernize and improve agriculture, forestry and fisheries practices, ensuring good nutrition and food security for all. FAO was established on 16-10-1945, in Quebec City, Quebec, Canada. In 1951, its headquarters were moved from Washington, D.C., United States, to Rome, Italy. As of 08- 08-2013, FAO has 194 Member States, along with the European Union (a "member organization"), and the Faroe Islands and Tokelau, which are associate members. The following are the organs of food and Agriculture Organization: (i)Conference composed of representatives of the memb...

Ans: Each Member State has four representatives at the Conference: two government delegates, an employer delegate and a worker delegate. All of them have individual voting rights, and all votes are equal, regardless of the population of the delegate's member-state. x

Ans: The International Labour Conference is also known as the 'Parliament of Labour", the conference also makes decisions about the ILO's general policy, work programme and budget. In 1998, the 86th International Labour Conference adopted the Declaration on Fundamental Principles and Rights at Work.  This Declaration contains four fundamental policies. (1) The right of workers to associate freely and bargain collectively; (2) The end of forced and compulsory labour; (3) The end of child labour; and (4) The end of unfair discrimination among workers. x

Ans: As of 2013 , 185 of 193 member states of United nations are the members of international labour organization.  

Ans: The ILO registers complaints against entities that are violating international rules. However, it does not impose sanctions on the Governments. 

Ans: The International Labour Organization (ILO) is the Specialized Agency of the United Nations dealing with labour issues, particularly international labour standards and decent work for all. In 1969, the ILO received the Nobel Peace Prize for improving peace among classes, pursuing justice for workers, and providing technical assistance to other developing nations.

Ans:  The International Law Commission adopted the draft Declaration on Rights and Duties of States at its first session in 1949 in the form of fourteen articles with commentaries. The Commission observed that "the rights and duties set forth in the draft Declaration are formulated in general terms, without restriction or exception, as benefits a declaration of basic rights and duties. The articles of the draft Declaration enunciate general principles of international law, the extent and the modalities of the application of which are to be determined by more precise rules." x

Ans: Fundamental rights,  directive principles and fundamental duties. Similarly all states have doctrine of basic rights and duties of the state. 

Ans: Jeremy Benthem and John Austin developed the theory of positivism and the other supporters were Hegel, Anzilotti and Hart.  x

Ans: The supporters were vattel, pufendorf, Christian Thomasius, etc.

Ans: Yes, a treaty law a source of an international law. E.g., United nations charter and Geneva conventions. x

Municipal law: Law of state or law of country. E.g. Indian Penal Code, 1860, Criminal Procedure Code,  1973, Constitution of India, 1950, Transfer of property act, 1882, Contract act, 1872 are all Municipal laws. International law: UDHR- Universal declaration of human rights , a declaration adopted by united nations general assembly on 10-12-1948 at palais de chaillot, Paris is an international law and is applicable to all the nations or entire world.  x

Ans: The eighth conference was San Fransico Conference and was organised on 25th April to 25th June, 1945 by Lord Halifax .  On the next day of San Fransico Conference , UN charter came into existence on 26th June, 1945 and signed by 50 members including India. The 51st member was the polland and adopted United Nations on 24th October, 1945 and that day i.e., 24th October, 1945 was also declared the United Nations Day. x

Ans: The eighth conference was San Fransico Conference and was organised on 25th April to 25th June, 1945 by Lord Halifax .  On the next day of San Fransico Conference , UN charter came into existence on 26th June, 1945 and signed by 50 members including India. The 51st member was the polland and adopted United Nations on 24th October, 1945 and that day i.e., 24th October, 1945 was also declared the United Nations Day. x

Ans:  The sixth conference was also important which was Dumberdon oaks conference and was organised on 21st August, 1944 and organisation name will be united nations organisation and blue print of charter was prepared in this conference. 

Ans: Saint James Declaration was organised in London on 12th June, 1941 . The countries that participated in Saint James Declaration are New zealand,  South Africa,  Australia,  France and Britain.  x

Ans: There are almost 8 conferences were organised before the organization of united nations organisation.  These conferences are as follows:  1. Saint James Declaration 2. Atlantic Conference 3. Declaration by U.N. 4. Macro Declaration  5. Tehran Declaration  6. Dumberdon Oaks Conference 7. Yalta Conference  8. San Francisco Conference  SAD MTD YS Saint James Declaration,  Atlantic Conference,  Declaration by U. N., Macro Declaration,  Tehran Declaration, Dumberdon Oaks Conference,  Yalta Conference and San Francisco Conference. 

Ans: The members of league of nation were 62 which got reduced to 32 later.   The league of nation failed to maintain the peace, integrity and security among nations.  In league of nation, the consent of every state is required for any matter. Any member can quit the league of nation even before 2 years after giving the notice.  x

Ans: The permanent court of international Justice was not the part of league of nation even if it was made by league of nation 

Ans: The league of nation was disbanded on 19th April, 1946 because the powers of league of nation were transferred to united nations organisation on 24th October,  1945. 

Ans: The league of nation was formed on 10th January,  1920 after the peace conference of Paris on 28th April, 1919. 62 countries or members joined league of nation. The league of nation was disbanded on April, 19, 1946. Woodrow Wilson was the president of USA at the time of formation of league of nation.  x

Ans:  Frenkwick D Roosevelt was the president of USA at the time of united nations formation and Woodrow Wilson  was the president of USA at the time of league of nation.

Ans: Hugo grotius , a Dutch diplomat, lawyer and jurist was the father of international law.  Dutch is a language which was spoken in Netherlands. 

Ans: Jus means law , whole body of law. Gentium means of the nation.  Jus Gentium means law of the nation. Gente means everyone. Inter means from one to another.  Jus inter gentes means international agreements and conventions.