Name: Oli Ahmed Rokib

ID:2017220300023
Course code:LLB3233
Course title:Public international Law

PART A
1.(d)all of the above
2.(d)all of the above
3.(d)none of the above
4.(d)none of the above
5.(d)all of the above
6.(a)pirates
7.(a)opinio juris necessitates
8.(a)chrozow factory case
9.(c)state can sue and can institute suit against the recognizing country
10.(d) all of the above

PART B

Answer to the qus no.1

- There are two principal theories as to the nature, function and effect
of recognition:
(i) Constitutive Theory: According to this theory, it is the act of
recognition alone
which creates statehood or which clothes a new government with any
authority or
status in the international sphere. Anzilloti, Oppenheim, etc. are the
chief exponents
of constitutive theory. According to Openheim a state is, and becomes,
an
international person, through, recognition only and exclusively.
(ii) Declaratory Theory: According to this theory, statehood or the
authority of a new
government exists as such prior to and independently of recognition.
The act of
9
recognition is merely a formal acknowledgment of an established
situation of fact.
The chief exponents of this theory are Brierly, fisher etc. Brierly has
remarked, the
granting or recognition to a new State is not a 'Constitutive' but a
'Declaratory' act. A
state may exist without being recognized and if it exists in fact, then
whether or not, it
has been formally recognized by other States it has a right to be treated
by them as a
State
Answer to the qus no:2

The rights and obligations of individuals under IL has been recognised in some
areas such as: international investment law, international human rights law,
international humanitarian law and most popularly, international criminal law.
Under IL, two early 20th century tribunals gave individuals legal standing to bring
claims before international forums; it provided for individuals to participate fully
in proceedings. The first was the proposed International Prize Court (IPC) which
was never ratified and as a result, the court never came into existence. The
second was the Central American Tribunal which had jurisdiction over cases
involving violation of treaties between states and individuals of another state as
long as such individual had exhausted local remedies or proved denial of justice.
In the Nunez case, a national of Nicaragua who was granted asylum and later
organised a rebellion into Nicaragua, had been expelled from Costa Rica argued
that his expulsion was not justified locally and under IL. Here the claimant argued
that he was entitled to certain rights under the Central American Peace Treaty,
which imposed on states to confine persons involved in revolutionary
movements. The Court did not agree with the claimant’s view that international
treaties conferred any right to asylum as states had the right to deny asylum
exercised in accordance with IL. The court rather interpreted the treaty as giving
states the right to apply measures to nationals of any Central American state.
Here, the court mentioned no right of individuals under IL or treaties. Parlett,
argues that in the 19th and 20th Century, individual claims brought before the IL
tribunals were treated haphazardly; the procedure applied by these tribunals
were characterised as inter-state state claims, rather than individual claims
against a foreign state. The majority of the claims conventions provided that
awards were payable to states of nationality.] Although these claims were seen to
be on inter-state basis, some tribunals engaged individuals in specific ways for
instance, by allowing them to be represented in a limited capacity. Therefore,
even when claims were instituted on the basis of diplomatic protection,
individuals were given some capacity in relation to their claim. Parlett posits that
this procedural aspect of the practice in the 19th century signifies viewing
international claims as fitting somewhere along a spectrum from claims which
were instituted on a strict diplomatic protection basis to which claims were
instituted directly by individuals.[ This research argues that here, the role of the
individual, although partly recognised, the courts still tried these claims based on
the inter-state relations.

Answer to the qus no : 4

The Vienna Convention on the Law of the Treaties describes a 'treaty' as 'an
international agreement concluded in written form between States and
regulated by international law, whether expressed in a single instrument or in two
or more similar instruments and whatever its precise classification' (Article 2(1)
(a))

Answer to the qus no: 6

The third source of international law as enumerated in Article 38 are

"general principles of law" recognized by "civilized" nations. The Guide to
International Legal Research states that "this traditional naturalist approach
provides a basis for decision when other sources offer no guidance, yet it is
unclear what these general principles of law are. Thus, locating these
general principles in the course of legal research is extremely difficult. They
could be general principles of justice, natural law, analogies to private law,
principles of comparative law, or general conceptions of international law."
The Guide suggests that the "best documentation of these legal principles
is found in textbooks, general surveys or manuals, treatises, classics, and
encyclopedias."
General principles of law are used primarily as "gap fillers" when treaties or
customary international law do not provide a rule of decision. It has been
suggested by scholars that as new treaties and customary law develop to
address areas of international concern not previously covered, the
significance of general principles will fade as these gaps in international law
are filled.

Answer to the qus no: 3

International law has emerged from an effort to deal with conflict among states,
since rules provide order and help to mitigate destructive conflict. It is developed
in a number of ways. First, law often comes out of international agreements and
treaties between states. Treaties are the most important source of international
law and also serve as the origins of IGOs, which in turn are important sources of
law. Second, customary practices that have evolved over time often become
codified in law. Third, general legal principles that are common to a significant
number of states can become part of the corpus of international law. Finally, law
arises from the community of international legal scholars. Particularly on more
technical issues, their expertise is often accepted by political leaders.

PART C

When two states have placed their claim regarding a diplomatic matter in
international court of justic.according to this story there are a different case
which will clearly solve the issue
Interpretation of the principles of international law. They
recognize the subject they learned through their work.
Example paquet habana case:
Decisions or determinations of the organs of international insitutions
though this source is not mentioned in the article 38 of the statue but ICJ
recognized itin a number of cases but is not primary source

Ex aequo bono

If the aprties agree thereto. The statute allows the court to go beyond the realm
of law for reaching a decision if the parties agree. Such power neededto be
conferred on it by the mutual agreement between the parties.