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International-Law-Notes.pdf
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Friday, May 08, 201507:18 AM (GMT +5) Like Share 431,711 people like this. Home Beginner's Guide Rules Syllabus Past Papers CSP Members CSS Forums > CSS Optional subjects > Group VI > International User Name User Name Remember Me? Law International Law Notes Password Log in Home Register Awards Community Today's Posts Search Start Download Convert Any File to a PDF Word, Jpeg, Gif, Rtf Free Download! Share Thread: Facebook Twitter Google+ Page 1 of 2 1 2 > LinkBack Thread Tools Search this Thread Wednesday, November 07, 2012 #1 Join Date: May 2012 Location: Hafizabad, Islamabad, Lahore Posts: 588 Fassi Thanks: 13 Senior Member Thanked 767 Times in 347 Posts International Law Notes Aslam o Alikum, Dear fellows, members and seniors. I've received many requests to share material regarding International Law. So for that very purpose, me starting this thread and here I'll share the topicwise notes of International Law. I'm sure you people will definitely speak well of my efforts. Note: Material is extracted from different resources so wherever you people feel I'm mistaken do guide me and correct me. Moreover, criticism and contribution of other members and seniors will be commended. Regards •?((¯°•._.• ⓕⓐⓢⓢⓘ •._.•°¯))•؟ Human Resources 3. Islamabad. Zara Sheikh (Wednesday. Exam Results __________________ Apni Matti Pay Hi Chalnay Ka Saleeqa Seekho SangeMarmar Py Chalo Gy To Phisal Jao Gy The Following 6 Users Say Thank You to Fassi For This Useful Post: Hailian8949 (Sunday. 2012) Wednesday. 2012). Marketing Campaigns 2.com Insight on Company and Product news Weekly Contest and Tips! Audible Audio Books Start Download Watch Full Episodes 1. Aptitude Tests 7. Career Services 10. tasleem~Zahra (Friday. November 27. 2013). Public Administration 9. November 16. mahamkhan93 (Saturday. Divorce Attorneys 5. November 07. 2012 #2 Join Date: May 2012 Location: Hafizabad. Government Grants 6. November 13. March 09. 2012). 2012). Public Records 8. oxon (Tuesday. True Grit (Wednesday. 2013). December 26. November 11. New Blog by Kluwer Law insight.wolterskluwerblogs. Lahore Posts: 588 Fassi Thanks: 13 Senior Member Thanked 767 Times in 347 Posts International Law Law: . Local Government Jobs 4. 1. 2012). 2012). January 19. Definitions of Law: There are various definitions of law some of them are the following. Law should be uniform. November 07. Carter: “Law always has been still is and will forever continue to be custom” Sir Henry Maine: “Law is accepting norms of society and state has to implement those laws” Salmond: “The body of principles recognized & applied by the state in the application of justice” So.C. 3. Aristotle: “Whatever the ruling party enacts is called law” John Austin: “Law is the command of sovereignty” Woodrow Wilson: “Law is that portion of establishing thought which has distinct & in the shape of uniforms backed by the authority & power of state” Holland: “Law is general rule of external action enforced by sovereign political authority” J. 2012 #3 Join Date: May 2012 Location: Hafizabad. Zara Sheikh (Wednesday. 2012) Wednesday. November 11. Divisions of Law: 1 Municipal Law (with in the country) 2 International Law (out of the country) __________________ Apni Matti Pay Hi Chalnay Ka Saleeqa Seekho SangeMarmar Py Chalo Gy To Phisal Jao Gy The Following 6 Users Say Thank You to Fassi For This Useful Post: Hailian8949 (Sunday. December 26. It should be universal. 4. SAMEYA AROOJ (Saturday. There should be system of course. oxon (Tuesday. 2.Law is an English word it is derived from German word “Lag” which means Constant Unmovable. November 13. 2013). Lahore Posts: 588 Fassi Thanks: 13 Senior Member Thanked 767 Times in 347 Posts Introduction to International Law Introduction: . Its jurisdiction should be compulsory. True Grit (Wednesday. 2012). 2013). ravian156 (Wednesday. November 07. Islamabad. November 27. Static and Plane. or conflict of laws. • Private International Law. which concerns regional agreements where the laws of nation states may be held inapplicable when conflicting with a supranational legal system when that nation has a treaty obligation to a supranational collective. Jus Inter Gentes — agreements between nations Significance of International Law: International law is the vital mechanism without which an interdependent world cannot function properly and within the bounds of law. There are some who argue that there is no such thing as international law as it is not imposed by a sovereign authority. Modern Definitions: The earlier definition was that international law is a system of law that regulates the activity of states. which are practices of people. law of sea. all relevant sectors in the international community act as if international law exists. It includes these legal fields: treaty law. J. and (2) the law concerning which jurisdiction applies to the issues in the case. . Therefore. the majority of which applies to states but also regulates activities of individuals and international organizations when it becomes the concern for the international community. human rights). 2.g. international criminal law. Definitions of International Law: There is still no consensus among academics and other interested parties as to what international law is. • Oppenheim: Law of nations or international law is the name for the body of customary and conventional rules which are considered legally binding by the civilized states in their intercourse with each other. which governs the relationship between provinces and international entities. 1. For example. modern definitions for international law have been introduced. A very good example is the customs. The two traditional branches of the field are: 1.” • Schwarzen Berger: International law is body of legal rules which apply between sovereign states and such entities which have been granted international legal personality. Starke has stated that: “International law consists of a system of laws. Jus Gentium — law of nations 2. However." International law is also called Public International Law and Law of Nations."International law is the body of legal rules. like the law prohibiting the use of armed force to settle dispute. Furthermore. but also maintains laws regarding individuals (e. the laws of war or international humanitarian law and international human rights law. G. However. Classical Definitions: Some classical definitions by prominent scholars are given below that don't meet with modern trends of international law • Bentham: International law is a collection of rules governing relations between states. this is not a modern definition because international law does not confine itself to States. and standards that apply between sovereign states and other entities that are legally recognized as international actors. which addresses the questions of (1) which jurisdiction may hear a case. • Prof. • Supranational Law or the law of supranational organizations. Disciplines of International Law: The term "international law" can refer to three distinct legal disciplines: • Public International Law. it is not a very strong argument because all laws are not necessarily imposed by sovereign authorities. norms. It does not only control the states by overseeing their conduct in relation with other states. The term was coined by the English philosopher Jeremy Bentham (1748–1832). and international organizations. 1996 of Pakistan aim at translating its international obligations into the domestic laws. convention or international agreement. Also. However. In its broadest sense. international law is intrinsically bound up with diplomacy. at all. based on an adversarial system of law. Further. For instance. Although international law is a legal order and not an ethical one. Above all. politics and conduct of foreign affairs; it is not. peace. international law is a collection of rules governing relations between states.Furthermore. corresponding domestic legislation is required. Dangerous Cargos Act and Maritime Zones Act. there does not exist an effective tool/forum to implement these international treaties (like the corrective measures that can be resorted to by a state against its citizens in an event of noncompliance to the laws of the land). It is a mark of how far international law has evolved that this original definition omits individuals and international organizations—two of the most dynamic and vital elements of modern international law. which upon ratification. ratified by it.. international law provides normative guidelines as well as methods. international law leaves a state with so many options rather than with merely one course of action. particularly in the sphere of human rights. In this age of globalization and an increased degree of interdependence between different countries of the world. and a common conceptual language to international actors—i. it is a rapidly developing complex of rules and influential—though not directly binding —principles.e. international law covers a wide range of laws which include the following: • Refugee laws • Narcotics/Drugs treaties • Human trafficking • Obscene publication • World health treaties • International trade development • Agreement relating to independent guarantee and letter of credit. Pakistan is under an obligation to follow its international commitments arising out of any treaty. it is no longer accurate to view international law as simply a collection of rules; rather. and assertions coupled with increasingly sophisticated structures and processes. economic and trade issues. moving beyond the classical questions of war. as has been said earlier. Conclusion: Keeping in view the need of a stable and orderly international society. it is to be noted that international law has its limitations owing to concepts like state sovereignty a sacred norm of international law. Although. which serves as an advantage for a system so bound up with politics and diplomacy. Furthermore. . international law can provide a viable regime to regulate intra state relations and activities. practices. it is mandatory for Pakistan to incorporate it into domestic laws by enacting implementing legislations. But recent developments in the arena of international law have proved that it can play a vital role in regulating international affairs through various treaties and conventions. Similarly. space law. meaning thereby that many of the rules have been evolved from the practice of the states and do not bind the states in any course. mechanisms. The range of subjects and actors directly concerned with international law has widened considerably. bind the state parties to observe the same. • Protocol on road signs and signals 1947 • Contract of carriage of goods by roads. United Nations Convention on Law of the Sea has been ratified by Pakistan and to ensure its enforcement. primarily sovereign states but also increasingly international organizations and some individuals. it is expanding with the passage of time. Global Scope of International Law: According to Bentham's classic definition. which tends to make international law more flexible. after having ratified a treaty. and diplomacy to include human rights. Scope of International Law in Pakistan: As far as the scope of international law in Pakistan is concerned. it has been influenced significantly by ethical principles and concerns. the relevance and pertinence of international law is all the more emphasized. •?((¯°•. SAMEYA AROOJ (Saturday.• ⓕⓐⓢⓢⓘ •. It can help bridge the gaps of dissenting ideologies and divergent policies of sovereign states by bringing them together on a commonly agreed upon law (treaty/agreement/convention). However. 2005 – John Austin says "International Law is not a real Law. November 27. February 11. The importance associated to these sanctions can be traced to factors such as increased economic (trade) activity at a global level. For example. international law and its need have become more relevant in the modern state system. 2012 #4 Join Date: May 2012 Location: Hafizabad. 2013) Wednesday. natural as well as human resource sharing etc. Therefore. Sib Shaw (Wednesday. J. January 19. an ever increasing rate of immigration. the majority of which applies to states but also regulates activities of individuals and international organizations when it becomes the concern for the international community. modern definitions for international law have been introduced." Do you agree with him? Give arguments in support of your answer. Islamabad. • Prof. free flow of information. 2012). this is not a modern definition because international law does not confine itself to States. already becoming a global village. UNSC issued 1373/01 resolution which prevents and suppress the financing of terrorist acts and 1566/04 further makes it mandatory for worldwide implementation._.” • Schwarzen Berger: International law is body of legal rules which apply between sovereign states and such entities which have been granted international legal personality.•°¯))•؟ __________________ Apni Matti Pay Hi Chalnay Ka Saleeqa Seekho SangeMarmar Py Chalo Gy To Phisal Jao Gy The Following 6 Users Say Thank You to Fassi For This Useful Post: Hailian8949 (Sunday. 2012). 2013). November 14. . All these factors have contributed to the growth of international law and at the same time highlighted the need of it. 2012). November 07. November 15. Modern Definitions: The earlier definition was that international law is a system of law that regulates the activity of states. 2013). True Grit (Wednesday. Starke has stated that: “International law consists of a system of laws. For example. so as to bind them into compliance and reduce friction to ensure a more orderly and peaceful world.nevertheless. It may finally be said that starting from the limited interstate interaction between the Greek city states._. November 11. but a positive International Morality. oxon (Thursday. 2008. G. formation of regional/global blocks pursuing a specific ideology/orientation. Zara Sheikh (Monday. Lahore Posts: 588 Fassi Thanks: 13 Senior Member Thanked 767 Times in 347 Posts 2010 – Give such a definition of International Law which could cover all the modern trends in it? Here is answer of the question asked; Quote: Originally Posted by Fassi 2. compliance can be ensured by means of sanctions (such as trade embargos or diplomatic cut off etc) which are of great relevance for life in the comity of nations. November 11. For comprehensive and well articulated answer of the above question. Zara Sheikh (Wednesday. iramraja (Saturday. P Tandon: "Private international law is a body of principles determining questions as to jurisdictions and questions as to selection of appropriate law. 2012). Lahore Posts: 588 Fassi Thanks: 13 Senior Member Thanked 767 Times in 347 Posts Public International Law and Private International law Definition of Public International Law: Oppenheim: "Public international is body of customary and conventional rules. November 08. January 19.Many aspirants are asking me via mail about the answer of above said question since long time. November 10. 2012). which effect foreign persons or foreign things or transactions that had been entered into wholly or partly in a foreign country or with reference to some foreign system of law. which effect foreign persons or foreign or transactions that have been entered in a foreign country or with respect of foreign system of law" Pitt Cobbet: "Private international law is the body of rules for determining questions as to selection of appropriate law. 2012) Friday.O Agarwall Page Number: 56 Topic Name: Austin’s View __________________ Apni Matti Pay Hi Chalnay Ka Saleeqa Seekho SangeMarmar Py Chalo Gy To Phisal Jao Gy The Following 6 Users Say Thank You to Fassi For This Useful Post: Hailian8949 (Sunday. Definition of Private International Law: M. 2012). 2012 #5 Join Date: May 2012 Location: Hafizabad. ravian156 (Thursday. December 26. November 13. but which involve a foreign element i. which are considered binding on civilized states in there relation with each other. November 16." . 2013). oxon (Tuesday. but which involves a foreign element i. Get idea about answering this question from below link Is International Law Just A Positive Morality 2. consult International Law by Dr. SAMEYA AROOJ (Saturday. e. Islamabad. 2012). in civil cases which present themselves for decision before the courts of one state or country. So. 1. e. in civil cases which present themselves for decision before a court of one state or country." Schwarnzen Berger: "International law is body of legal rules which apply between sovereign states and such entities which have been granted international legal personality. H. which present themselves for accession of courts of the state. public international law and private international law are branches of international law. As to Sources: o Public international law has its sources in treaties. As to Object: o Public international law regulates relationship of states inter se and determines rights and duties of the subject states at international sphere. etc._. 2013). • Private international may be different in various states. o Private international law involves in the conflicts of laws. 7. • Private international law deals with the individuals. As to Jurisdiction: • Public international law does not involves determination on the question of determination. 2014). Zara Sheikh (Wednesday. As to Municipal Law: Public international law is not part of municipal law. Conclusion: To conclude it can be said that. As to Subject: • Public international law deals with the states. 5. 3. 2. o Private international law determines as to which law will apply of two conflicting in a particular case having foreign element. 9. As to Nature: • Public international is same for all the states. As to Application: o Public international law applicable to criminal as well as civil cases._. 6. these are different from each another but in some exceptional cases rules of private international law may become rules of public international law. As to Conflict of Laws: o Public international law does not involve in conflicts of laws. custom etc. January 19. 2012) Friday. November 30. As to Scope: o Public international law has wider scope. 8. o Private international law has its sources in the legislation of the individual state to which the litigant belongs. 10. • Private international law is not based on the consent of the states.Distinction between Public International Law and Private International Law: 1.•°¯))•؟ __________________ Apni Matti Pay Hi Chalnay Ka Saleeqa Seekho SangeMarmar Py Chalo Gy To Phisal Jao Gy The Following 4 Users Say Thank You to Fassi For This Useful Post: Hoodwink (Friday. it is of universe character. o Private international law has lessor scope. November 16. • Private international law determines court which will have jurisdiction to decided issue in question. February 20. Public international law is known as conflict of laws. o Private international law is applicable to civil cases only. As to Consent: • Public international law based on the consent of the state. Regards •?((¯°•. yasiiqbal (Thursday.• F@SsI •. 2012). SAMEYA AROOJ (Saturday. 2012 #6 Join Date: Nov 2012 Location: El Dorado Posts: 23 . December 26. 4. April 04.O Agarwall 3. Here is the list of resources me consulting. oxon (Sunday. of Lahore 10. Thanks: 0 Elspeth Thanked 10 Times in 5 Posts Junior Member khurram amir notes? is this from khurram amir notes?? Friday. December 26. KIPS. Nadeem Book Depot LLB Guide for International Law 6. International Law Kapoor and Tandon 2. H. 2013). January 19. 2012) Friday. Officers etc. 2012 #7 Join Date: May 2012 Location: Hafizabad. November 16. Eastern Law Book House LLB Guide for International Law 9. November 18. Notes by Different Academies i. Zara Sheikh (Wednesday. International law J. International Law Dr. Internet. International Law Malcom Shaw 4. SAMEYA AROOJ (Saturday. Mustafa Noor (Friday. November 16. November 22. 2012). 2012). Lahore Posts: 588 Fassi Thanks: 13 Senior Member Thanked 767 Times in 347 Posts Quote: Originally Posted by Elspeth is this from khurram amir notes?? Dear I'm consulting host of books of International Law so don't remember the exact source.e. 2012 #8 Join Date: Nov 2012 Location: El Dorado Elspeth Posts: 23 Junior Member Thanks: 0 Thanked 10 Times in 5 Posts 2013 shall be your ist attempt?? . Majeed Book Depot LLB Guide for International Law 7. __________________ Apni Matti Pay Hi Chalnay Ka Saleeqa Seekho SangeMarmar Py Chalo Gy To Phisal Jao Gy The Following 5 Users Say Thank You to Fassi For This Useful Post: AwaisBajwa (Thursday. Wikipedia and Encyclopedia Britannica Me trying to provide you people best material so it may help you people in the best way while preparing International Law.G Starke 5. 2014). My Selfmade LLB International Law Notes 11. Khurram Amir Qureshi LLB Guide for International Law 8. Islamabad. 1. Eastern Law Book House LLB Guide for International Law 9. 2012 #10 Join Date: Nov 2012 Location: Faisalabad Posts: 32 AwaisBajwa Thanks: 33 Member Thanked 31 Times in 15 Posts Quote: Originally Posted by Fassi Dear I'm consulting host of books of International Law so don't remember the exact source. Officers etc. Wikipedia and Encyclopedia Britannica Me trying to provide you people best material so it may help you people in the best way while preparing International Law.e.. I am also try to get something from book published by exam cram series. Nadeem Book Depot LLB Guide for International Law 6. Khurram Amir Qureshi LLB Guide for International Law 8..!! Thursday. Notes by Different Academies i. 2013 my first and last chance. it seems life is going to be ended brother. 1. __________________ Ay watan tu nay pukara to lahu khol utha. a good one and written by mansoor and mansha.O Agarwall 3. Here is the list of resources me consulting. November 18.. Bahawalpur Posts: 129 oxon Thanks: 435 Senior Member Thanked 107 Times in 63 Posts Fassi you are doing a great job. November 22. Sunday.. H. International Law Kapoor and Tandon 2. Majeed Book Depot LLB Guide for International Law 7. My Selfmade LLB International Law Notes 11. even if you miss. International Law Malcom Shaw 4. tery betay tery jan'baaz chaly aatay hein. Will you continue to provide your guidance to young brains Fasi bro? I am hopeful for that __________________ Shoot for the moon. KIPS. of Lahore 10. 2012 #9 Join Date: Sep 2012 Location: Yazman.. International law J.G Starke 5. you will land among the stars. Internet. Page 1 of 2 1 2 > « Previous Thread | Next Thread » . International Law Dr. . However. Please contact FPSC for updated rules and regulations governing CSS examination. October 19. August 17. History Of Internatioal Relations ali akbar International Relations 1 2012 11:06 PM CSS Forum Privacy Statement Terms of Service Top Disclaimer: This is not the official website of Federal Public Service Commission Pakistan. December International law Sureshlasi International Relations 5 11. January 29. The documents and material displayed or mentioned on this site are not official copies.Posting Rules You may not post new threads You may not post replies You may not post attachments You may not edit your posts BB code is On Smilies are On [IMG] code is On HTML code is Off Trackbacks are On Pingbacks are On Refbacks are On Forum Rules Similar Threads Thread Thread Starter Forum Replies Last Post Tuesday. but not promised or guaranteed to be current. This is a noncommercial website helping individuals who intend to join civil service of Pakistan.K objectives for all terminator Topics and Notes 16 2013 11:41 PM Tuesday. 2014 03:57 PM Saturday. G. Copyright ©2000 2015. 2012 01:47 PM Friday. honest efforts have been made to provide comprehensive information for the benefit of users. Sponsors: ArgusVision vBulletin. downloaded or accessed from any page of this website. content contained on. or linked. These materials are intended. Int. February Questions of International Relations Last Island International Relations 4 11. We do not claim that the site is an exhaustive compilation of information about Civil Service of Pakistan neither represent or endorse the accuracy or reliability of any information. Relation notes Predator International Relations 26 2013 10:27 AM Tuesday. complete or up to date. Jelsoft Enterprises Ltd. The material on this website is provided for informational purposes only.
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