FL -29 PUBLIC INTERNATIONAL LAW

CERAFIN KOLENCHERY VC ,BBA LL.B (Hons) ,BSOLS.

MODULE -1
BASIC ASPECTS OF INTERNATIONAL LAW
Here are the basic aspects of international law :

1. Agreements Between Countries:

Countries make agreements with each other, just like friends make promises. These
agreements are called treaties. Treaties have rules that countries agree to follow, like trading
with each other or protecting the environment.

2. Rules for How Countries Behave:

International law sets rules for how countries should act. It's like having rules in a game to make
sure everyone plays fair. These rules cover things like not attacking other countries, respecting
borders, and treating people fairly.

3. Courts for Countries:

Imagine there are special judges for countries. When countries have arguments or
disagreements, they can go to these judges in international courts. These judges decide who is
right, like referees in a sports game.

4. United Nations (UN):

The United Nations is like a big club for countries. They talk and work together there to solve
problems. The UN helps make and enforce international laws and promotes peace and
cooperation among countries.

5. Human Rights:

International law also protects basic rights for people everywhere, like the right to life,
freedom, and a fair trial. It's like a set of rules that make sure everyone is treated well, no
matter where they are in the world.

6. Environment and Global Issues:

International law is important for global problems, like pollution and climate change. It helps
countries work together to protect the planet and tackle issues that affect everyone.

7. Customary Rules:

Sometimes, there are rules that countries follow just because it's what everyone does. These
are called customary rules. It's like saying "thank you" because it's polite, even though it's not
written down.

8. Peace and Cooperation:

Overall, international law is like a guidebook for countries to live peacefully and cooperate with
each other. It helps prevent wars, protect rights, and make the world a better place for
everyone.

In simple terms, international law is like a set of rules and agreements that countries follow to
get along, solve problems, and make the world a safer and fairer place for everyone. It's like
having rules in a big global community.

NATURE AND BASIS OF INTERNATIONAL LAW

Nature of International Law:

International law is like the rules that different countries agree to follow when they interact
with each other. It's a bit like the rules you and your friends might agree on when playing a
game. These rules help countries get along, make deals, and avoid conflicts, just like how rules
in a game make sure everyone plays fairly.

Basis of International Law:

1. Agreements Between Countries: Countries often make agreements with each other, called
treaties. These are like promises that they will do certain things. When countries agree to these
treaties, they are expected to follow the rules in them.

2. Custom and Practice: Some rules of international law are based on what countries have been
doing for a long time. If many countries act the same way over time, it becomes a kind of
accepted rule, even if it's not written down.

3. Respect for Sovereignty: Sovereignty means that each country has control over its own
territory and can make its own decisions. International law respects this principle by not
interfering too much in a country's internal affairs.
4. International Organizations: Organizations like the United Nations help create and enforce
international laws. They act like referees and help countries work together on global issues.

In simple words, international law is like the agreed-upon rules for how countries should
behave when dealing with each other. These rules come from treaties, common practices, the
respect for each country's independence, and the involvement of international organizations.
It's all about making sure countries cooperate and peacefully interact in the global community,
just like friends follow rules when they play together.

DEFINITION AND SOURCES OF INTERNATIONAL LAW

Definition of International Law:

International law is like a big set of rules that countries agree to follow when they deal with
each other. It's similar to how we have rules at school or home. These rules help countries get
along, trade, and solve problems without fighting.

Sources of International Law:

The rules of international law come from a few important places:

1. Treaties:Treaties are like promises between countries. When countries agree on something
important, they write it down in a treaty. Once they sign and agree to it, the treaty becomes a
law they must follow.

2. Customary Practice: Imagine if everyone in your class does something the same way, like
saying "thank you" when someone is kind. That's like customary practice in international law.
It's when many countries do something the same way, and it becomes a rule over time.

3. General Principles: Some rules are so basic that they're like saying "be fair" or "be kind."
These general principles of law are widely accepted, like the idea that countries should not
attack each other without a good reason.

4. Judicial Decisions:Sometimes, special courts decide cases involving countries. Their decisions
can help clarify or create rules of international law. It's like when a judge decides who wins in a
game.

5. International Organizations: Organizations like the United Nations help create and enforce
international laws. They act like referees and bring countries together to make rules and solve
problems.
In simple words, international law is like a big rulebook for countries. It comes from treaties,
things that many countries do the same way, basic fairness, court decisions, and international
organizations. These rules help countries work together and avoid conflicts in our global
community.

RELATIONSHIP BETWEEN MUNCIPAL LAW AND

INTERNATIONAL LAW
The relationship between municipal law (also known as domestic law) and international law

Municipal Law (Domestic Law): This is the set of rules and laws that each country makes for
itself. It's like the rules in your school or house that you have to follow.

International Law: These are the rules that countries agree to follow when dealing with each
other on the global stage. It's like the rules everyone agrees on when playing a game with
friends.

The Relationship:

1. Domestic Law Comes First: In most cases, domestic law is the boss in a country. It's the law
you must follow when you're inside that country. Each country has its own domestic laws,
which can be different from other countries.

2. International Law and Domestic Law Coexist: International law and domestic law exist side
by side. When a country agrees to follow international law (by signing treaties or joining
international organizations), it means they're adding an extra set of rules to their domestic
laws.

3. Conflicts Between the Two: Sometimes, there can be conflicts between domestic and
international law. When this happens, countries must decide which law to follow. Some
countries have systems in place, like courts, to help them figure out which law takes priority.

4. Harmonization: Many countries try to harmonize or make their domestic laws in line with
international law. It's like making sure the rules you play with your friends are similar to the
rules others follow in their games. This can help avoid conflicts.

In simple words, domestic law is the set of rules a country makes for itself, like school or house
rules. International law is the set of rules that countries agree to follow when dealing with each
other. They coexist, but when there's a conflict, countries have to decide which rule to follow.
Some countries try to make their own rules match international ones to avoid conflicts. It's like
playing a game with your friends but also following the rules your parents set for you at home.
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 CERAFIN’S PUBLIC INTERNATIONAL NOTES

MODULE -2

STATE –DIFFERENT TYPES OF STATE –STATE AS A SUBJECT F

INTERNATIONAL LAW

State:
A state is like a big group of people who live together in a specific area, and they have their own
rules and leaders. Think of it like your school, where there are teachers, students, and everyone
follows certain rules. A state is like a bigger version of that, with its own leaders and rules.

Different Types of States:

1. Sovereign State: Imagine a sovereign state like its very own "boss" in a specific territory. It
can make its own decisions about laws, trade with other countries, and interact on the global
stage. Examples of sovereign states are the United States, France, and China. They have
complete independence and can represent themselves in international matters.

2. Non-Sovereign State:A non-sovereign state is more like a member of a larger group. It's still a
distinct place with its own government and laws, but it doesn't have full control over
everything. Non-sovereign states often belong to a bigger country or organization. For instance,
Puerto Rico is a non-sovereign territory of the United States, and it has some self-governance
but follows U.S. laws too.

State as a Subject of International Law:

In the world of international law, states are considered as legal "persons." This means they
have certain rights and duties:

1. Making Agreements: States can make agreements with each other through treaties. These
treaties can cover things like trade, peace, or cooperation. When a state signs a treaty, it's like
making a promise on behalf of the whole country.
2. Respecting Laws: States are expected to follow the rules of international law. This includes
respecting the borders and rights of other states and not using force against them unless it's in
self-defense or authorized by international bodies like the United Nations.

3. Representation:States can speak for themselves in international organizations and

negotiations. They have ambassadors and diplomats who represent their interests on the global
stage, kind of like your school's student council representing the student body.

4. Responsibility: States are responsible for the actions they take. If a state breaks international
law, it may face consequences, such as sanctions or legal proceedings in international courts.

5. Sovereignty and Equality: The principle of state sovereignty means that each state has the
right to govern itself without outside interference. States are also considered equal in the eyes
of international law, regardless of their size or power.

So, in essence, states are like legal entities in international law, and they have specific roles and
responsibilities when it comes to interacting with each other on the global stage. This helps
maintain order, cooperation, and peace among countries worldwide.

ESSENTIALS OF STATEHOOD –MODES OF ACQUISITION

AND LOSS OF STATE TERRITORY
Essentials of Statehood:
1. People: A state is like a big group of people who live in a certain area, like a country. These
people share a common identity, like having the same nationality, culture, and language.

2. Territory: Every state has its own piece of land, like a country's borders. It's like your home; a
state has its own space where its people live, work, and play.

3. Government: Just like your school has teachers and rules, a state has a government. The
government is like a group of leaders who make decisions and enforce rules to keep everything
in order.

4. Sovereignty: This means that a state is like the boss of its own territory. It can make its own
rules and decisions without other countries telling it what to do. It's like having control over
your own room.

Modes of Acquisition (Getting) and Loss (Losing) of State Territory:

1. Getting Territory (Acquisition):

- Treaties: States can agree with other countries to share or exchange territory through
treaties. It's like swapping toys with a friend, but on a bigger scale.

- Discovery and Occupation: Sometimes, states can discover and occupy new lands. This is
like exploring a new place and deciding to make it your own.

- Purchase: States can also buy land from other states. It's like when your family buys a new
house.

2. Losing Territory (Loss):

- Treaties: Just as treaties can help gain territory, they can also lead to the loss of territory
when a state agrees to give it up.

- War: Sadly, wars can result in the loss of territory. When one country wins a war, it might
take land from the losing country.

- Secession: Sometimes, parts of a state want to become independent and form their own
state. When this happens, the original state loses that part of its territory.

- Agreements: States can agree to peacefully give up land to resolve conflicts or promote
peace. It's like sharing a snack with a friend to avoid arguments.

Remember, the essentials of statehood are people, territory, government, and sovereignty.
States can acquire or lose territory through treaties, discovery, purchase, wars, secession, or
agreements. It's a bit like how you can gain or lose toys, but on a much bigger scale for
countries.

THEORIES
1. Monistic Theory: One Rulebook for Everyone
Imagine if there was just one big rulebook for all the games you play with your friends.
That's what monistic theory is like. It says that international law and a country's own
laws are like one big rulebook. So, when a country agrees to a rule in international law,
 it automatically becomes a rule in its own laws. It's like if everyone playing different
games decided to use the same set of rules.

2. Dualistic Theory: Two Separate Rulebooks

Now, picture two separate rulebooks, one for your games and another for your friend's games.
Dualistic theory is about having two separate rulebooks, one for international law and one for a
country's own laws. So, when a country agrees to a rule in international law, it doesn't
automatically become a rule in its own laws. They are like two different sets of rules that don't
always match.

3. Transformation Theory: Changing Rules to Match

Transformation theory is like translating a book from one language to another. It says that
when a country agrees to an international rule, it needs to change its own laws to match it. So,
it's like making sure the rules in your games are the same as your friend's games, even if they
started differently.

4. Delegation Theory: Letting Others Make the Rules

Delegation theory is like asking a teacher to make rules for the games you play with your
friends instead of making the rules yourselves. It means countries let international
organizations, like the United Nations, make the rules for them. These organizations act like
referees and decide on rules that everyone should follow.

5. Harmony Theory: Finding Common Ground

Harmony theory is all about finding common ground and making decisions that make everyone
happy. It's like when you and your friends try to agree on a game that everyone likes. In
international relations, it means countries work together and find solutions that benefit
everyone, rather than just themselves. It's like trying to pick a game to play where everyone can
have fun.

In simple words, these theories are like different ways countries handle international rules.
Monistic is when there's one rulebook for everyone, dualistic is when there are two separate
rulebooks, transformation is about changing rules to match, delegation is letting others make
the rules, and harmony is about finding solutions that make everyone happy, just like in your
games with friends.

INDIVIDUALS AS A SUBJECT OF INTERNATIONAL LAW

:NATIONALITY-EXTRADITION –ASYLUM –STATE
JURISDICTION –SOVEREIGN IMMUNITY –WAIVER
IMMUNITY –DIPLOMATIC PRIVILEGES AND IMMUNITIES
1. Individuals as a Subject of International Law:

Usually, countries are the main players in international law, but sometimes, individual people
can also be involved. It's like when you and your friends play a game, your friends are the main
players, but sometimes you have a role too.

2. Nationality:

Nationality is like a membership card for a country. It shows that you belong to a specific
country and have the rights and duties that come with it. For example, if you're a citizen of the
United States, you have American nationality.

3. Extradition:

Extradition is like returning a borrowed book to the library. It's when one country asks another
to send back a person who has done something wrong in the first country. It's like if someone
from your school went to another school and did something wrong, your school might ask for
them to come back to face consequences.

4. Asylum:

Asylum is like a safe haven. When someone is in danger in their own country, they can ask
another country to protect them. It's like if a friend needed a safe place to stay at your house
because their home wasn't safe anymore.

5. State Jurisdiction:

This is like a school's authority over its own campus. Each country has the power to make and
enforce its own laws within its borders. It's like your school making rules inside its building, but
those rules don't apply outside the school.

6. Sovereign Immunity:

Imagine if your school was like a country. Sovereign immunity means that the school, like a
country, is protected from being sued or held accountable in another country's court. It's like
your school can't be taken to court in a different school.

7. Waiver of Immunity:
Sometimes, a country or school can decide to give up its immunity. It's like your school saying,
"Okay, we'll go to another school's court if there's a problem." This is called waiving immunity.

8. Diplomatic Privileges and Immunities:

Diplomatic privileges and immunities are special rules for diplomats (people who represent one
country in another). It's like giving diplomats certain benefits, like not having to pay taxes in the
country they're working in. It's similar to when teachers or principals have special privileges in
your school.

In simple words, individuals can also be part of international law. Nationality is like a
membership in a country club, extradition is returning someone who did something wrong,
asylum is a safe place for people in danger, state jurisdiction is like school rules inside its
campus, sovereign immunity protects countries from being sued, waiving immunity is giving up
that protection, and diplomatic privileges are special benefits for diplomats, like when teachers
have special privileges in schools

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 CERAFIN’S PUBLIC INTERNATIONAL LAW NOTES
MODULE -3
LAW OF SEA –HISTORICAL BACKGROUND
Law of the Sea:

The Law of the Sea is like a set of rules and agreements that countries follow when they're near
the ocean. It's kind of like the rules you follow when playing games with your friends, but for
the big, wide ocean.

Historical Background:

A long time ago, there were no clear rules for the ocean, and different countries argued about
who could do what in the sea. It was like a big, wild playground with no rules!

But then, in the 17th century, a clever guy named Hugo Grotius came up with some basic rules
for the sea. He said that the ocean should be free for everyone to use, like a public park.

As time went on, more and more people started using the ocean for things like fishing, trade,
and traveling. This made it important to have clear rules, just like you need rules for games to
avoid fights.

In the 20th century, many countries got together to make official rules for the ocean. They
decided on things like where countries can fish, how deep they can explore, and even how to
protect the ocean environment.

These rules became known as the Law of the Sea, and they help countries peacefully share and
protect the ocean, kind of like how rules at school or in a game help everyone get along and
have fun together.
So, in simple words, the Law of the Sea is a set of rules that countries made to share and
protect the big ocean, and it all started because people wanted to avoid arguments and use the
ocean in a fair and friendly way.

MARITIME BELT –TERRITORIAL SEA –THE CONTIGUOUS

ZONE
1. Territorial Sea:

Think of a territorial sea like the area right outside your school's front gate. It's like a boundary
in the ocean that belongs to a country, just like your school grounds belong to your school.

- The territorial sea extends about 12 nautical miles (which is like 13.8 regular miles) from a
country's coastline into the ocean.

- Within this area, the country has a lot of control. It can make rules, like saying who can fish or
sail there.

- It's like your school making rules for the area right outside the front gate, like no running or
picking up trash.

2. Contiguous Zone:

The contiguous zone is like the sidewalk just outside your school's front gate. It's an area
beyond the territorial sea.

- The contiguous zone goes from about 12 nautical miles to 24 nautical miles from the coastline.

- In this zone, a country has a bit less control than in the territorial sea, but it can still enforce
some rules. For example, it might have rules about customs and stopping certain activities, like
pollution.

- It's like your school having some say over what happens on the sidewalk just outside the front
gate, like saying no littering or no skateboarding.
So, in simple terms, the territorial sea is like the area right outside your school's front gate in
the ocean, where a country has a lot of control, and the contiguous zone is like the sidewalk
just beyond that, where a country still has some control but not as much as in the territorial
sea. These zones help countries manage and protect the waters close to their coasts.

EXCLUSIVE ECONOMIC ZONE –CONTINENTAL SHELF –

THE HIGH SEAS
1. Exclusive Economic Zone (EEZ):

Think of the Exclusive Economic Zone like the area around your school where you and your
friends have special privileges. It's a part of the ocean near a country's coastline.

- An EEZ goes from the coastline and extends about 200 nautical miles into the ocean (that's
roughly 230 regular miles).

- In this zone, the country has special rights, like fishing and drilling for resources. It's like your
school having special playtime privileges in the area around it.

2. Continental Shelf:

Imagine the continental shelf as the underwater part of your school's playground. It's like an
extension of the land beneath the ocean's surface.

- The continental shelf goes from the coastline and stretches out under the ocean, usually
about 200 nautical miles.

- It's an important area for finding things like oil, gas, and minerals because it's like an
underwater treasure trove.
- Countries can explore and use these resources on their own part of the continental shelf, just
like your school might have its own playground equipment.

3. The High Seas:

The High Seas are like the open fields and parks far away from your school, where everyone can
play freely. They're the vast, open parts of the ocean that don't belong to any specific country.

- Nobody owns the High Seas; they're like a big, shared playground for all countries.

- Countries can sail, fish, and travel on the High Seas without asking for permission because it's
like a public space.

- Just like how you can go to any public park without asking, countries can explore the High
Seas.

So, in simple words, the Exclusive Economic Zone is like a special area near a country's coastline
where they have special rights, the Continental Shelf is like the underwater extension of their
land, and the High Seas are like the big, open parts of the ocean where everyone can play
freely, just like in a public park. These zones and areas help countries share and manage the
resources and space in the ocean.

INTERNATIONAL SEA BED AREA – LAW OF SEA

CONVENTIONS –PIRACY –ANTARTICA –ARTIC COUNCIL
ACT AND SPACE LAW :
1. International Seabed Area:

Imagine there's a part of the ocean floor where valuable things like minerals and metals can be
found. The International Seabed Area is like a big underwater treasure chest, and it doesn't
belong to any one country. Instead, it's shared by all countries, and there are rules to make sure
everyone gets a fair chance to explore and use these valuable resources.

2. Law of the Sea Conventions:

The Law of the Sea Conventions is like a set of rules for countries to follow when they're near
the ocean. It's a bit like the rules you and your friends agree on when playing a game to make
sure everyone plays fairly. These rules help countries peacefully share and protect the ocean
and its resources.

3. Piracy:

Piracy is like when bad characters in movies or stories steal things from ships on the ocean. In
real life, it's when criminals attack ships to steal cargo, money, or even take hostages. It's
against the law, and countries work together to stop pirates and keep the seas safe.

4. Antarctica:

Antarctica is like a big icy continent at the bottom of the Earth. It's covered in ice and snow and
is home to penguins and seals. Many countries have agreed not to claim Antarctica as their
own, and they use it for peaceful research. It's like a special place where scientists from
different countries go to learn about the environment and climate.

5. Arctic Council:

The Arctic Council is like a club for countries that are close to the North Pole. They get together
to talk about issues like the environment and safety in the Arctic region. It's like a group of
friends who live in the same neighborhood and want to make sure their area is clean and safe.

6. Space Law:

Space law is like a set of rules for what countries can and can't do in outer space. Just like there
are traffic rules on the road, there are rules in space to make sure countries launch their rockets
and satellites safely and don't harm other countries' stuff in space.

These concepts are all about rules and agreements that countries follow to share and protect
our oceans, explore and use resources, stop piracy, preserve special places like Antarctica, work
together in the Arctic, and even follow rules in outer space. It's like making sure everyone plays
fair and safe in our big world.

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 CERAFIN’S PUBLIC INTERNATIONAL LAW
MODULE -4
CONCEPT OF TREATY –KINDS OF TREATIES –BINDING
FORCE OF TREATY (INTERNATIONAL LAW ).
1. Concept of a Treaty:

A treaty is like a special agreement or promise between countries. It's a bit like when you and
your friend make a promise to do something together, like sharing your toys. In the world of
countries, treaties are like formal agreements where countries agree to follow certain rules or
do specific things.

2. Kinds of Treaties:

There are different types of treaties, just like there are different types of promises you might
make with your friends:

- Bilateral Treaty: This is when two countries make an agreement between just the two of
them. It's like a pact between you and one friend.

- Multilateral Treaty:When many countries get together to agree on something, it's called a
multilateral treaty. It's like a big group promise, where lots of friends agree on the same thing.

3. Binding Force of a Treaty (International Law):

Now, here's the important part. When countries make a treaty, it's not just a piece of paper. It's
a real promise, and it's supposed to be followed. It's like keeping your word to your friend. In
international law, treaties have a binding force, which means:
- Countries Must Follow Them: Once a country signs and agrees to a treaty, it's like making a
promise in front of everyone. They have to follow the rules or do what they agreed to, just like
you should keep your promises to your friends.

- Consequences for Breaking: If a country doesn't follow the treaty, there can be consequences.
It's like when there are rules in your class, and if you break them, there might be a timeout or
some other consequence.

- International Courts: Sometimes, if countries have a dispute about a treaty, they can go to
international courts to help sort it out. It's like getting help from a teacher or principal when
you and your friend can't agree on something.

So, in simple words, a treaty is like a promise between countries, there are different types of
treaties based on how many countries are involved, and treaties are important because they
have rules that countries must follow. If they don't follow the rules, there can be consequences,
just like in everyday life when you make promises to your friends.

Pacta Sunt Servanda –Jus Cogens –Rebus Suc Stantibus

1. Pacta Sunt Servanda:

"Pacta Sunt Servanda" is like a fancy way of saying, "Promises must be kept." It means that
when countries make agreements or promises with each other in treaties (like big, official
promises), they have to stick to those promises. It's a bit like how you and your friends should
keep your promises and do what you say you will do.

2. Jus Cogens:

"Jus Cogens" is a Latin term that means "compelling law." Think of it as super important rules in
international law that everyone has to follow, no matter what. These rules are so important
that they can't be broken or ignored, even if countries want to. They include things like not
using torture, not starting wars without a good reason, and respecting basic human rights. It's
like having some really, really important rules at school that nobody can break, ever.

3. Rebus Sic Stantibus:

"Rebus Sic Stantibus" is a Latin phrase that means "things being this way." It's like saying, "We
made a promise, but things have changed a lot, so maybe we need to change the promise." In
international law, it's used when something really big happens that makes it almost impossible
for a country to keep its promise in a treaty. It's like when you and your friend promised to play
outside, but then a big storm comes, so you have to change your plans and play indoors. It's
about being flexible when something unexpected happens.

So, in simple words, "Pacta Sunt Servanda" means promises must be kept in international
agreements, "Jus Cogens" are super important international rules that everyone must follow,
and "Rebus Sic Stantibus" is about being flexible with promises when really big changes happen.
It's like learning to keep your word, follow important rules, and adapt when necessary.

PARTIES OF TREATY –FORMATION OF TREATY –

RESERVATIONS –INVALIDITY AND TERMINATION OF
TREATIES
1. Parties of a Treaty:

Think of a treaty like a big group project. The parties of a treaty are the countries or groups of
people who are part of that project. It's like when you and your friends work together on a
school project, and each of you has a role to play.

2. Formation of a Treaty:

When countries or groups of people want to make a treaty, it's like making an official
agreement. They usually meet, talk, and write down the rules they agree on. It's a bit like when
you and your friends discuss the rules for a game and write them down so everyone knows how
to play.

3. Reservations:
Reservations are like special conditions or exceptions that a country adds when they agree to a
treaty. It's like saying, "I'll be part of the project, but I have some special rules for myself."
These special rules only apply to that country and not to the others in the treaty.

4. Invalidity of Treaties:

Sometimes, a treaty might not be valid if there was a big mistake or someone didn't follow the
rules when making it. It's like if you and your friends made a game with impossible rules or
didn't follow your school's guidelines for projects. In such cases, the treaty might not be
considered official.

5. Termination of Treaties:

Just like how your group project at school eventually ends, treaties can also come to an end.
This can happen when countries decide they don't want to be part of the treaty anymore or if
they all agree to stop following the rules in the treaty. It's like when you and your friends decide
to stop playing a game and do something else instead.

So, in simple words, the parties of a treaty are like the people in a group project, forming a
treaty is like making official rules for a game, reservations are special conditions countries add,
invalidity means the treaty might not be official, and termination is when a treaty ends, a bit
like when you finish a project at school or stop playing a game with friends.

MODIFICATION OF TREATIES –INTERPRETATION OF

TREATIES –INTERNATIONAL CONVENTIONS
1. Modification of Treaties:

Modifying a treaty is like changing the rules of a game when everyone agrees to make it better
or fairer. Countries that are part of a treaty can decide to change some of the rules if they all
say, "Yes, let's make it different." It's about updating the agreement to make it work better.

2. Interpretation of Treaties:

Interpreting a treaty is like understanding the exact meaning of the rules in a game. Sometimes,
the words in a treaty can be a little tricky, and countries might need to figure out what they
really mean. They can do this by talking and deciding together, sort of like discussing what the
rules of a game mean with your friends.

3. International Conventions:
Think of international conventions like big meetings where countries come together to talk
about important things. It's like a big gathering where they discuss and agree on rules and ideas
that they all want to follow. These conventions help countries cooperate and make decisions on
global issues, kind of like when your school has a big meeting to decide on important matters.

So, in simple terms, modifying a treaty is like changing the rules of a game when everyone
agrees, interpreting a treaty is like figuring out what the rules mean, and international
conventions are like big meetings where countries decide on important rules and ideas that
they all want to follow. It's all about working together and making things better.

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 CERAFIN’S PUBLIC INTERNATIONAL LAW
MODULE -5
UNO –PRINCIPLES AND PURPOSE OF UNO
UNO (United Nations):

The UN, or United Nations, is like a club where most of the countries in the world are members.
It's a bit like when students from different classes come together for a school assembly. The UN
helps countries work together and solve big problems that affect everyone on the planet.

Principles of the UN:

1. Peace: The first and most important rule of the UN is to keep peace. It's like saying, "Let's all
be friends and not fight." The UN tries to prevent wars and resolve conflicts peacefully.

2. Equality: The UN believes that all countries, big or small, should be treated the same way. It's
like saying, "Everyone's voice matters, no matter where they come from."

3. Cooperation: The UN encourages countries to work together, like teammates in a sports

game. It's easier to solve big problems when everyone helps out.

4. Respect for Human Rights: The UN says that every person has rights, like the right to be safe
and treated fairly. It's like saying, "Everyone should be treated with kindness and fairness."

5. Humanitarian Help: When there are disasters like earthquakes or floods, the UN sends help,
like food and medicine, to people who need it. It's like being a good friend and helping out
when someone is in trouble.
Purposes of the UN:

1. Keep Peace: The main job of the UN is to make sure countries don't fight with each other. It's
like having a big referee to stop fights in a game.

2. Help People: The UN works to make the world a better place for everyone. They provide aid
to countries in need, promote education, and fight diseases like malaria.

3. Protect the Environment: The UN cares about the planet. They help countries work together
to keep the air, water, and land clean and healthy. It's like taking care of our school or
playground.

4. Support Justice: The UN tries to make sure that everyone is treated fairly and has the same
rights. It's like making sure everyone gets a fair chance in a game.

5. Promote Cooperation:The UN brings countries together to solve problems, like working on

climate change or stopping diseases. It's like getting all your classmates to help clean up the
schoolyard after a big event.

So, the UN is like a group of countries working together to keep peace, help people, protect the
planet, make sure everyone is treated fairly, and cooperate to solve big problems. It's all about
being good friends with countries from all around the world.

SECURITY COUNCIL (COMPOSITION , POWERS &

FUNCTIONS ).
1. Composition of the Security Council:
The Security Council is like a special team within the United Nations. It has 15 members, but not
all of them are the same:

- Permanent Members: These are like the team captains. They are the United States, Russia,
China, France, and the United Kingdom. They have special powers called "veto power," which
means they can stop any important decision from being made, even if all the other countries
agree.

- 10 Non-Permanent Members: These are like regular team members who get a chance to join
for a few years. They are elected from different regions of the world, and they don't have veto
power.

2. Powers of the Security Council:

The Security Council has some important powers to help keep peace in the world:

- Peacekeeping: It's like being a referee in a game. The Security Council can send
"peacekeepers" to places where there is fighting to try and stop the violence and keep the
peace.

- Sanctions: This is like giving a timeout or a punishment. The Security Council can impose
sanctions (restrictions) on countries that are not following the rules or causing trouble, like
limiting their trade or travel.

- Veto Power: The permanent members (the team captains) can use their veto power to block
any decision they don't like. It's like saying, "I don't agree, so this decision cannot pass."

- Making Decisions: The Security Council can make important decisions, like calling for a
ceasefire (stop fighting) or taking action to protect people in danger.
3. Functions of the Security Council:

- Maintain International Peace: The main job of the Security Council is to prevent wars and
conflicts between countries. It's like being a peacekeeper on the playground to make sure
everyone plays nicely.

- Respond to Threats: When there are threats to world peace and security, the Security Council
decides what to do to stop them. It's like making a plan to deal with a big problem.

- Resolve Conflicts: The Security Council helps countries resolve their disputes peacefully. It's
like being a mediator to help friends who are arguing find a solution.

- Protect Human Rights: It works to protect the rights and safety of people around the world.
It's like being a superhero for people who need help.

So, in simple words, the Security Council is like a special team within the United Nations with 15
members. It has the power to keep peace, send peacekeepers, impose sanctions, and make
important decisions to respond to threats and conflicts in the world. Its main job is to make
sure countries get along and that people are safe and treated fairly.

GENERAL ASSEMBLY (COMPOSITION , POWER ,

FUNCTIONS ).
1. Composition of the General Assembly

The General Assembly is like a big meeting of all the countries in the world, where each country
sends representatives to talk and make decisions together. Every UN member country is a part
of this assembly, which means there are around 193 countries in it. It's kind of like having a
meeting with all your classmates in your school.
2. Powers of the General Assembly:

- Discuss and Recommend: The General Assembly can talk about any issue that affects the
world, like health, education, or peace. They discuss these issues and make recommendations,
which are like suggestions or advice to solve problems. It's similar to your class discussing and
suggesting ideas to improve the school.

- Budget: The General Assembly is in charge of the UN's budget, which is like a big money plan.
They decide how much money the UN needs to do its work and how it should be spent. It's a bit
like your school deciding how to use the school budget for different projects.

- Non-Binding Decisions:Unlike the Security Council, the General Assembly doesn't make
decisions that countries must follow. Its decisions are not binding, which means they are more
like strong suggestions. It's like when your friends suggest what game to play, but you can
choose to play a different one.

3. Functions of the General Assembly:

- Discuss World Issues: The General Assembly is a place where countries can talk openly about
their concerns and share their ideas. It's like a big forum for discussions and sharing.

- Make Recommendations: They make suggestions on how to solve global problems. It's like
brainstorming with your classmates on how to make your school better.

- Approve the Budget: They decide how much money the UN can spend and what it should be
spent on. It's like making a plan for how to use the school's budget for different activities.
- Promote Peace and Cooperation: The General Assembly aims to create a peaceful world
where countries work together to solve problems. It's like encouraging everyone in your class
to get along and help each other.

So, in simple terms, the General Assembly is like a big meeting with representatives from all the
countries in the world. They talk about important global issues, make suggestions on how to
solve them, decide on the UN's budget, and promote peace and cooperation among countries.
It's a way for countries to work together and discuss how to make the world a better place.

TRUSTEESHIP COUNCIL (COMPOSITION , POWER

&FUNCTIONS ).
1. Composition of the Trusteeship Council:

The Trusteeship Council is like a group of supervisors or guardians. It was originally created to
oversee and help countries that were once colonies (ruled by other countries). However, its
work is mostly completed because many former colonies are now independent countries. So,
the Trusteeship Council doesn't have much to do anymore, and its meetings are not held
regularly. It's like a team that used to play a sport together but doesn't have games anymore.

2. Powers of the Trusteeship Council:

Since its main job is almost finished, the Trusteeship Council doesn't have many powers left:

- Supervision of Trust Territories: In the past, it used to watch over areas that were under the
control of other countries to make sure those territories were being prepared for
independence. It was like checking that they were ready to become independent nations.
- Suspension of Operations: The Trusteeship Council can decide to suspend its operations for
territories that have become independent. This means it doesn't need to oversee them
anymore. It's like stopping a task once it's finished.

3. Functions of the Trusteeship Council:

- Historical Record: Even though it doesn't have much to do now, the Trusteeship Council still
keeps a record of its past work. It's like preserving old photos or documents to remember what
happened in the past.

- Reminders of Independence: It serves as a reminder of how many countries have gained

independence and self-governance after being under the control of other nations. It's like a
marker of progress in the world's history.

In simple terms, the Trusteeship Council used to be like a guardian for countries that were once
colonies, helping them prepare for independence. However, its job is mostly finished now, and
it doesn't have many tasks left. It serves as a historical record and a symbol of countries gaining
independence and self-rule.

INTERNATIONAL COURT OF JUSTICE (COMPOSITION

,TYPE OF JURISDICTION , POWERS AND FUNCTIONS ).
1. Composition of the International Court of Justice:

The International Court of Justice (ICJ) is like a group of judges who are like referees for
countries when they have legal disputes. It has 15 judges, but they come from different
countries around the world, and they are chosen to be fair and impartial, like having a mix of
referees from different teams.

2. Types of Jurisdiction of the International Court of Justice:

- Contentious Jurisdiction: This means that countries can bring their legal disputes to the ICJ
voluntarily. It's like two friends deciding to let a teacher settle their argument.

- Advisory Jurisdiction: Sometimes, the ICJ gives advice on legal questions to the United
Nations or its specialized agencies. It's like asking a wise person for advice when you're not sure
what to do.

3. Powers of the International Court of Justice:

- Settling Legal Disputes: The main job of the ICJ is to settle legal disputes between countries.
It's like when two teams in a game have an argument, and they ask a referee to make a fair
decision.

- Giving Legal Opinions: When the United Nations or its agencies need legal advice, they can
ask the ICJ for an opinion. It's like asking a knowledgeable person for their expert opinion on a
difficult question.

4. Functions of the International Court of Justice:

- Resolve Disputes: The ICJ helps countries peacefully resolve their disagreements. It's like
helping friends find a fair solution when they're arguing.

- Provide Legal Guidance:It gives legal guidance and advice to the UN and its agencies, so they
make fair and lawful decisions. It's like having a rulebook to follow in a game.

- Promote Peace: By solving legal disputes, the ICJ helps maintain peace and stability between
countries. It's like preventing fights on the playground by having a teacher or referee.
In simple words, the International Court of Justice (ICJ) is like a team of judges from different
countries that helps settle arguments between countries fairly. It also gives advice to the United
Nations and promotes peace by resolving legal disputes. It's like having a group of referees to
make sure everyone plays by the rules on the world stage.

INTERNATIONAL CRIMINAL COURT

International Criminal Court (ICC):

The International Criminal Court, or ICC, is like a global court that deals with very serious crimes
that affect the entire world. It's a bit like having a special court for the whole planet.

What Does the ICC Do?

The ICC's main job is to bring people to trial who have committed really bad crimes, like
genocide (when lots of people are killed because of who they are), crimes against humanity
(like widespread torture or enslavement), war crimes (serious violations of the rules of war),
and aggression (when countries start wars without good reason).

How Does the ICC Work?

1. Investigation: When there are allegations of these serious crimes, the ICC investigates, a bit
like detectives looking for evidence in a crime scene.

2. Charges: If they find enough evidence, they can charge (accuse) individuals, like leaders or
military commanders, with these crimes.

3. Trial: The accused people are then put on trial, similar to a courtroom trial you might see on
TV. They have a chance to defend themselves, and judges make a fair decision.
4. Punishment: If found guilty, the ICC can give punishments, like imprisonment, to those
responsible for the crimes.

Why Is the ICC Important?

The ICC is important because it tries to make sure that people who commit very serious crimes
cannot escape justice, no matter where they are from or where the crimes happened. It's like
making sure there are consequences for bad actions on a global scale, to make the world a
safer and fairer place for everyone.

In simple terms, the International Criminal Court is like a world court that deals with really bad
crimes to bring those responsible to justice and make sure they face consequences for their
actions. It's about fairness, safety, and standing up against serious wrongdoing.

UN AND PEACE ENFORCEMENT MEASURES – DISPUTE

SETTLEMENT MECHANISUM
UN and Peace Enforcement Measures:

The UN is like a group of countries that work together to keep peace in the world, just like how
teachers and school staff help keep order at your school. Sometimes, when there is a big
problem like a fight between countries, the UN can take actions to stop the fighting and bring
peace.

- Peacekeepers: The UN may send peacekeepers, who are like special referees, to areas where
there's a conflict. They make sure everyone stops fighting and follows the rules, like ending a
playground fight and making sure everyone plays nicely.
- Sanctions: The UN can also impose sanctions, which are like punishments, on countries that
are causing trouble. It's similar to giving a time-out or taking away privileges when someone
misbehaves.

Dispute Settlement Mechanisms:

Dispute settlement mechanisms are like ways to solve arguments or disagreements between
countries peacefully, without fighting. It's like having a process to resolve conflicts or disputes
in a fair way.

- Negotiation: This is like talking things out. Countries sit down and have discussions to find a
solution to their problems. It's similar to friends talking to sort out their differences.

- Mediation: Sometimes, a neutral person or country can step in to help countries find a
compromise. It's like having a wise friend who helps you and another friend make up after an
argument.

- Arbitration: In arbitration, both sides agree to let someone make a final decision for them, like
a judge in a court case. It's like having a trusted person settle a disagreement for you.

- Judicial Settlement: This is like going to court. Countries can take their dispute to an
international court, like the International Court of Justice, where judges listen to the arguments
and make a fair decision, similar to a judge in a legal case.

These dispute settlement mechanisms help countries peacefully resolve their differences and
avoid wars or conflicts. It's like having different ways to talk, get help, or find a solution when
there's a disagreement, just as you do with friends or teachers at school.
SETTLEMENT UNDER UNO – COERCIVE MEANS –
RETORTION – REPRISALS – EMBARGO – PACIFIC
BLOCKADE – INTERVENTIONS
1. Settlement under UNO (United Nations):

The UN is like a group of countries working together to keep peace and solve problems. When
countries have disagreements or conflicts, the UN helps find ways to resolve them peacefully.

2. Coercive Means:

Coercive means are like actions taken to persuade or force a country to change its behavior or
stop doing something harmful. It's a bit like when a teacher uses consequences to encourage
good behavior in the classroom.

3. Retortion:

Retortion is when a country responds to another country's actions by doing something similar.
It's like saying, "If you treat us this way, we'll treat you the same way in return."

4. Reprisals:

Reprisals are actions taken in response to another country's wrongdoing. It's like saying,
"Because you did something bad to us, we'll do something back to make you stop."

5. Embargo:

An embargo is like a restriction on trade or business with a particular country. It's a way to put
pressure on that country to change its behavior. It's similar to not allowing someone to play
with certain toys until they behave better.

6. Pacific Blockade:

A pacific blockade is when countries work together to prevent another country from receiving
goods or resources, but it's done peacefully. It's like telling someone, "We won't give you any
snacks until you do your homework," without using force.

7. Interventions:

Interventions are actions taken by one or more countries to get involved in another country's
affairs, often to stop a conflict or protect people. It's like stepping in to help resolve a dispute
between two friends.
These methods are all about finding ways to encourage countries to behave better and resolve
conflicts without using violence. The UN promotes peaceful solutions to keep the world safer
and more stable.

BEST WISHES FOR YOUR EXAM – CERAFIN KOLENCHERY VC