Here are detailed, exam-oriented paragraph notes

on Introduction to Public International Law, tailored

to your law curriculum (NMIMS level). The
explanation is simple, structured, and enriched with
examples, theories, and case laws for better
understanding and retention.

UNIT 1: INTRODUCTION TO PUBLIC

INTERNATIONAL LAW

1. Definition of International Law

International Law, also known as Public International
Law, refers to the body of rules and principles that
govern relations between sovereign states and other
international actors such as international
organizations and individuals. It regulates issues like
diplomacy, war, trade, human rights, and
environmental protection at a global level.
According to Malcolm Shaw, international law can be
defined as “the body of legal rules that apply
between sovereign states and other entities having
international personality.” This definition highlights
two key aspects:

1. It primarily governs relations between states.

2. It also applies to non-state actors such as

international organizations and individuals.

Another classic definition is given by Oppenheim,

who described international law as “a law between
states based on their consent.” This emphasizes that
international law derives its authority from the
agreement of states rather than a central authority.
Unlike municipal law (domestic law), international
law does not have a single legislature, executive, or
judiciary. Instead, it operates through treaties,
customs, general principles, and decisions of
international courts like the International Court of
Justice.
Example: Treaties like the Paris Agreement
regulate climate change between countries.
 Key Case:
SS Lotus Case – The Permanent Court of
International Justice held that international law
governs relations between independent states and is
based on their consent.

2. Nature of International Law

The nature of international law has been debated for
centuries. The central question is whether
international law is “true law” or merely a set of
moral or political rules.

(A) Is International Law Really Law?

Some jurists, especially John Austin, argued that

international law is not “law” in the strict sense.
According to Austin, law must be a command of a
sovereign backed by sanctions. Since there is no
world sovereign enforcing international law, he called
it “positive morality” rather than law.
However, this view is outdated. Modern scholars
reject Austin’s theory because:
 ● International law is followed by states in
practice.

● There are enforcement mechanisms (e.g.,

sanctions, reprisals).

● International courts exist.

(B) International Law as True Law

Modern jurists like Hans Kelsen argued that

international law is a valid legal system. According to
Kelsen’s Pure Theory of Law:

● Law is a system of norms, not commands.

● International law is superior to domestic law.

● Its validity comes from a “grundnorm” (basic

norm).
Similarly, HLA Hart accepted that international law is
a primitive legal system lacking secondary rules but
still a valid system of law.

(C) Characteristics of International Law

1. No Central Authority – No world government

exists.

2. Consent-Based – States are bound only if they

agree.

3. Decentralized Enforcement – Enforcement is

through self-help, sanctions, or international
bodies.

4. Flexible and Evolving – Adapts to global

changes.

5. Includes Non-State Actors – Individuals and

organizations also play roles.

Key Case:
Nicaragua v United States – The ICJ held that
customary international law is binding even without
treaty obligations, reinforcing the legal nature of
international law.

3. Basis of International Law

The “basis” of international law refers to the
fundamental reason why states obey international
law. Several theories explain this:

(A) Consent Theory (Positive Theory)

This theory states that international law is binding

because states have consented to it.

● Supported by Oppenheim and Triepel

● States are sovereign and cannot be bound

without their will.
 ● Consent is expressed through treaties and
customs.

Criticism:

● How are new states bound by old customs?

● States often follow rules even without explicit

consent.

(B) Natural Law Theory

This theory argues that international law is based on

universal moral principles derived from nature and
reason.

● Supported by Hugo Grotius, known as the

“Father of International Law.”

● Law exists independent of state consent.

 ● Based on justice, fairness, and morality.

Example: Human rights norms are considered

universal.
Criticism: Too vague and subjective.

(C) Positivist Theory

This theory emphasizes that international law is

created by state practice and consent.

● Rejects morality as a basis.

● Focuses on actual behavior of states.

Closely related to consent theory but more

practical.

(D) Grundnorm Theory (Kelsen)

According to Hans Kelsen, international law is based
on a fundamental norm (grundnorm), which gives
validity to all other rules.
Example of grundnorm: “States must behave as
they have customarily behaved.”

(E) Social Solidarity Theory

Proposed by Leon Duguit, this theory states that

international law is based on the need for
cooperation among states.

● States are interdependent.

● Law arises from social necessity.

Example: Global cooperation in climate change,

trade, and health.

(F) Realist Theory

This theory views international law as a tool of
powerful states.

● Law reflects political and economic interests.

● Powerful nations influence rule-making.

Criticism: Undermines the idea of fairness and

equality.

4. Important Case Laws

1.

SS Lotus Case

● Held that international law is based on state

consent.

● States are free unless expressly restricted.

2.

Nicaragua v United States

 ● Recognized binding nature of customary
international law.

● Use of force and intervention prohibited.

3.

North Sea Continental Shelf Cases

● Explained how customary international law

develops.

● Requires state practice + opinio juris.

5. Quick Revision Table

Topic Key Idea

Definition Law governing relations

between states and
other actors
Nature Decentralized,
consent-based, evolving
system

Austin’s View Not true law (no

sovereign)

Modern View Valid legal system

Basis Consent, morality, social

needs, or fundamental
norms

Key Sources Treaties, customs,

general principles

6. Exam Tip (NMIMS / BA LL.B.)

For a 10–15 mark answer, structure like this:
 1. Definition (2–3 lines with scholar)

2. Explanation (features + examples)

3. Nature debate (Austin vs modern jurists)

4. Basis theories (2–3 theories)

5. Case law

6. Conclusion

Conclusion line:
International law, though lacking a centralized
authority, functions effectively as a legal system due
to state consent, global interdependence, and
evolving enforcement mechanisms.

Unit 2 summarised

Here are detailed, exam-oriented paragraph notes on the next part of your syllabus: Evolution &
Development, Codification, and Subjects of International Law, written in simple language, with
theories, examples, and case laws—perfect for NMIMS-style answers.
 INTRODUCTION TO PUBLIC
INTERNATIONAL LAW (PART 2)

1. Evolution and Development of

International Law
The evolution of international law reflects the gradual development of rules governing relations
among states from ancient times to the modern global legal order. It has evolved from informal
customs to a complex system of treaties, institutions, and principles.

(A) Ancient Period

In ancient civilizations like India, Greece, and Rome, there were rudimentary rules governing
relations between kingdoms. These rules were mainly based on customs, religion, and morality
rather than law.

● In ancient India, texts like the Arthashastra discussed diplomacy and war.

● Greek city-states followed certain practices of envoys and truces.

● Roman law introduced the concept of jus gentium (law of nations), which applied to
foreigners.

However, these systems were not universal and lacked a formal legal structure.

(B) Medieval Period

During the medieval era, international relations were influenced heavily by religion, especially
Christianity in Europe.
 ● The Pope and the Church played a dominant role.

● War and peace were regulated by religious principles.

● Feudalism limited the concept of sovereign equality.

This period did not recognize modern state sovereignty, so international law remained
undeveloped.

(C) Modern Period (17th Century Onwards)

The modern system of international law began with the Peace of Westphalia (1648), which
ended the Thirty Years’ War and established the concept of state sovereignty and equality.

Key features introduced:

● States became independent and sovereign.

● Non-interference in internal affairs was recognized.

The Dutch jurist Hugo Grotius is regarded as the “Father of International Law.” His work De Jure
Belli ac Pacis laid down principles of war, peace, and neutrality based on natural law.

(D) 19th and Early 20th Century Developments

This period saw significant expansion of international law due to:

● Growth of diplomacy and treaties

● Development of arbitration

● Establishment of international organizations

 Important events:

● Congress of Vienna (1815)

● Hague Conventions (1899, 1907)

The League of Nations was formed after World War I to maintain peace, but it failed due to lack
of enforcement power.

(E) Post-World War II Era (Modern International Law)

After World War II, international law developed rapidly with the establishment of the United
Nations in 1945.

Key developments:

● Prohibition of use of force (Article 2(4) UN Charter)

● Recognition of human rights

● Decolonization and emergence of new states

● Development of international criminal law

International institutions like the International Court of Justice and WTO strengthened dispute
resolution.

(F) Contemporary Developments

Modern international law now covers:

● Human rights
 ● Environmental protection

● International trade

● Cyber law and space law

Key Case:

Nicaragua v United States – Reinforced prohibition on use of force and importance of customary
international law.

2. Codification of International Law

Codification refers to the process of systematically arranging and writing down international law
rules in a clear and organized form, usually in the form of treaties or conventions.

(A) Meaning and Importance

International law originally developed as customary law, which was unwritten and uncertain.
Codification helps to:

● Bring clarity and certainty

● Reduce disputes

● Promote uniformity

● Facilitate implementation

Example: The Vienna Convention on the Law of Treaties (1969)

(B) Role of the United Nations

The primary body responsible for codification is the International Law Commission (ILC),
established in 1947.

Functions:

● Draft conventions on international law

● Develop and codify existing rules

● Promote progressive development

Important codified conventions include:

● Vienna Convention on the Law of Treaties (1969)

● Geneva Conventions (1949)

● Law of the Sea (UNCLOS)

(C) Types of Codification

1.

Positive Codification

● Converts existing customs into written law

● Example: Diplomatic relations conventions

2.

Progressive Development
 ● Creates new rules where law is unclear

● Example: Environmental law

(D) Advantages of Codification

● Certainty and clarity

● Accessibility

● Uniform application

● Reduces ambiguity

(E) Disadvantages of Codification

● Rigidity (law becomes less flexible)

● Difficulty in reaching agreement among states

● Slow process

(F) Important Case

North Sea Continental Shelf Cases

Held:
 ● Codified rules bind only those states that consent

● Customary law can exist alongside codified law

3. Subjects of International Law

Subjects of international law are entities that possess rights, duties, and the capacity to enforce
those rights under international law.

(A) Traditional Subject: States

Traditionally, only states were considered subjects of international law.

Characteristics of a State:

● Defined territory

● Permanent population

● Government

● Capacity to enter into relations

Key Case:

Reparations for Injuries Case

Though mainly about international organizations, it recognized legal personality beyond states.

(B) Modern Subjects of International Law

With the evolution of international law, other entities have also been recognized as subjects.
1. International Organizations

Organizations like the United Nations have international legal personality.

They can:

● Enter into agreements

● Bring claims

● Enjoy privileges and immunities

Case:

Reparations for Injuries Case

Held:

● The UN has international legal personality.

● It can bring claims for damages.

2. Individuals

Modern international law recognizes individuals as subjects, especially in:

● Human rights law

● International criminal law

Individuals can:
 ● Claim rights (e.g., under human rights treaties)

● Be held liable (e.g., war crimes)

Example:

International Criminal Court prosecutes individuals.

3. Corporations

Multinational corporations have limited subject status.

● They can enter into international agreements

● Protected under investment treaties

Example:

Investor-State arbitration (ICSID)

4. Non-State Actors

● NGOs

● Liberation movements

● Insurgents

They have limited rights and duties depending on recognition.

5. Special Entities

Entities like the Holy See or the Red Cross also have special status.
(C) Distinction Between Subjects and Objects

Basis Subjects Objects

Meaning Entities with rights and duties Beneficiaries of law

Examples States, UN, individuals Individuals (traditional view)

Capacity Can enforce rights Cannot enforce directly

Modern law blurs this distinction as individuals now have rights.

4. Quick Revision Table

Topic Key Idea

Evolution From customs to modern global system

Westphalia Sovereignty of states

Modern Law UN, human rights, global governance

Codification Writing law into treaties

 ILC Main codifying body

Subjects States, organizations, individuals

5. Exam Writing Tip (10–15 Marks)

Structure your answer like this:

1. Introduction (define topic)

2. Historical evolution / concept

3. Key features or types

4. Examples

5. Case laws

6. Conclusion

Conclusion line:

International law has evolved from a state-centric system to a comprehensive legal framework
involving multiple actors, reflecting the increasing interdependence of the global community.

If you want, I can also prepare:

Flowcharts for all topics

Case law IRAC answers

Problem questions

1-day revision notes

Just tell me

Unit 2 detailed

Here are refined notes for your syllabus that are both detailed and concise—written in clear
paragraph form, with case laws, examples, and exam-ready points. These are ideal for 10–12
mark answers (NMIMS style): compact yet analytical.

INTRODUCTION TO PUBLIC
INTERNATIONAL LAW (PART 2)

1. Evolution and Development of

International Law
International law has evolved from informal customs governing relations between ancient
communities to a structured legal system regulating modern international relations. This
development reflects increasing interdependence among states and the need for legal
regulation beyond national boundaries.

In the ancient period, international law existed in rudimentary form through customs and
religious norms. Civilizations such as India, Greece, and Rome recognized diplomatic immunity,
treaty-making, and rules of warfare. The Roman concept of jus gentium (law of nations) laid an
early foundation by governing relations between Romans and foreigners. However, these rules
lacked universality and legal enforceability.

During the medieval period, international relations were dominated by religion, particularly the
authority of the Church in Europe. The Pope exercised influence over rulers, and legal principles
were derived from canon law and theology. The concept of sovereignty was weak, and
international law did not exist as a separate discipline.

The modern period began with the Peace of Westphalia (1648), which marked the birth of the
modern state system. It introduced the principles of state sovereignty, territorial integrity, and
non-intervention. From this point, states were regarded as equal and independent entities. The
writings of Hugo Grotius were instrumental in systematizing international law. His work De Jure
Belli ac Pacis established that international law is based on natural law and governs war, peace,
and neutrality.

In the 19th and early 20th centuries, international law expanded significantly due to the growth
of diplomacy, international trade, and arbitration. Important developments included the Hague
Peace Conferences and the establishment of the League of Nations after World War I. Although
the League failed to prevent World War II, it laid the foundation for collective security.

The post-World War II era marked a major transformation with the creation of the United Nations
in 1945. The UN Charter prohibited the use of force (Article 2(4)) and promoted peaceful dispute
resolution. Institutions such as the International Court of Justice strengthened legal
mechanisms. New branches like human rights law, environmental law, and international criminal
law emerged.

In the contemporary period, international law has become more inclusive, recognizing
individuals, corporations, and international organizations as participants. Global issues such as
climate change, terrorism, and cyber security have further expanded its scope.

Case Law:

Nicaragua v United States – The ICJ reaffirmed the binding nature of customary international
law and the principle of non-intervention.

Conclusion:

International law has evolved from a decentralized system of customs into a comprehensive
legal framework governing a wide range of global issues.

2. Codification of International Law

Codification of international law refers to the process of systematically formulating and recording
legal rules in written form, usually through treaties and conventions. Since international law
originally developed as unwritten customs, codification aims to bring clarity, certainty, and
uniformity.

Customary international law is often uncertain and difficult to prove, as it depends on state
practice and opinio juris (belief that the practice is legally required). Codification helps eliminate
ambiguity by clearly defining rules and obligations. For example, the Vienna Convention on the
Law of Treaties (1969) codifies rules relating to treaty formation, interpretation, and termination.

The primary institution responsible for codification is the International Law Commission (ILC),
established by the UN in 1947. The ILC works to both codify existing customary law and
promote the progressive development of new legal principles. It drafts conventions which are
later adopted by states.

Codification takes two forms. Positive codification involves converting existing customary rules
into written law, such as the Geneva Conventions on humanitarian law. Progressive
development involves creating new rules in areas where law is not yet fully developed, such as
environmental protection or space law.

The advantages of codification include greater clarity, accessibility, and uniform application of
rules, which reduce disputes among states. However, codification also has limitations. It may
lead to rigidity, as written rules are less flexible than customs, and reaching agreement among
states can be slow and politically difficult.

Case Law:

North Sea Continental Shelf Cases – The ICJ held that codified rules bind only consenting
states, but may become customary law if widely accepted.

Conclusion:

Codification strengthens international law by making it more certain and accessible, while still
allowing for the coexistence of customary rules.

3. Subjects of International Law

Subjects of international law are entities that possess rights and duties under international law
and have the capacity to enforce those rights. Traditionally, only states were considered
subjects, but modern international law recognizes a wider range of actors.

States are the primary and original subjects of international law. They possess full legal
personality, meaning they can create law, enter treaties, and bring claims. A state must have a
defined territory, permanent population, government, and the capacity to enter into relations with
other states.

In modern international law, international organizations are also recognized as subjects.

Organizations like the United Nations have independent legal personality, enabling them to
enter into agreements, enjoy privileges and immunities, and bring international claims.

Case Law:

Reparations for Injuries Case – The ICJ held that the UN has international legal personality and
can bring claims for damages, even against non-member states.
Individuals have also emerged as important subjects. Under human rights law, individuals can
claim rights against states. Under international criminal law, individuals can be held personally
liable for crimes such as genocide, war crimes, and crimes against humanity. This marks a shift
from the traditional state-centric system.

Corporations and non-state actors have limited international personality. Multinational

corporations can enforce rights under investment treaties, while NGOs and liberation
movements may have recognition in specific contexts.

A distinction is often made between subjects and objects of international law. Subjects have
rights and duties and can enforce them, while objects merely benefit from the law. However, this
distinction is weakening as individuals increasingly gain enforceable rights.

Conclusion:

Modern international law has expanded beyond states to include various actors, reflecting the
complex and interconnected nature of global governance.

QUICK REVISION (1-MINUTE RECALL)

● Evolution: Ancient customs → Westphalia → UN system → modern global law

● Codification: Writing law into treaties (ILC plays key role)

● Subjects: States + Organizations + Individuals + Others

● Key Cases:

○ Nicaragua Case → Customary law binding

○ North Sea Case → Custom vs codified law

○ Reparations Case → Legal personality of UN

EXAM TIP
For a 10-mark answer, write:

1. Definition (2–3 lines)

2. Core explanation (history / concept)

3. Key features

4. Case law

5. Conclusion

Keep paragraphs short but analytical—avoid long storytelling.

If you want, I can next give you:

Flowcharts (very helpful for revision)

Problem questions + answers

Full unit notes (ready for exams)

Unit 3 to 6 summarised

Here are concise yet detailed paragraph notes for your next units on Public International Law,
structured for NMIMS exams (clear concepts + case law + analysis). These answers are
compact but analytical, ideal for 10–15 marks.

UNIT 3: RELATIONSHIP &

ENFORCEMENT OF INTERNATIONAL LAW
1. Relationship between International Law
and Municipal Law
The relationship between international law and municipal (domestic) law concerns how
international legal rules operate within a state’s internal legal system. The key issue is whether
international law automatically applies within a state or requires transformation into domestic
law.

Two main theories explain this relationship: Monism and Dualism.

(A) Monism Theory

Monism views international and municipal law as a single unified legal system. According to this
theory, international law automatically becomes part of domestic law without the need for
separate legislation.

Jurists like Hans Kelsen supported monism and argued that international law is superior to
municipal law. If there is a conflict, international law prevails.

Example: Some countries automatically apply treaty law internally.

Criticism:

● Ignores state sovereignty

● Not practical in all legal systems

(B) Dualism Theory

Dualism treats international law and municipal law as separate and independent systems.
International law governs relations between states, while municipal law governs individuals
within a state.

Jurists like Triepel and Anzilotti supported this theory.

According to dualism:
 ● International law must be transformed into domestic law

● Without transformation, it has no effect internally

Example: India follows a dualist approach—treaties require legislation to be enforceable.

(C) Indian Position

India largely follows dualism, but courts have shown flexibility.

Case Law:

Vishaka v State of Rajasthan

● Supreme Court used international conventions (CEDAW) to fill gaps in domestic law

● Held: International law can be used if not inconsistent with domestic law

Case:

Jolly George Varghese v Bank of Cochin

● Court held that international treaties are not enforceable without legislation

(D) Conflict between International and Municipal Law

● Internationally: State cannot plead domestic law to avoid obligations

● Domestically: Courts may give priority to municipal law

Conclusion:
The relationship is not absolute; modern practice shows a harmonious interpretation between
the two systems.

2. Enforcement of International Law

Unlike municipal law, international law lacks a centralized enforcement authority. Compliance
depends largely on state consent, cooperation, and international mechanisms.

(A) Decentralized Nature

There is:

● No world legislature

● No central police force

● Limited compulsory jurisdiction

This makes enforcement challenging.

(B) Methods of Enforcement

1. Self-help Measures

States enforce law through:

● Retorsion (unfriendly but lawful acts)

● Reprisals (otherwise illegal acts justified as response)

2. Collective Security (UN System)

The United Nations plays a central role.

Under Chapter VII of the UN Charter:

● Security Council can impose sanctions

● Authorize use of force

3. Judicial Settlement

Disputes can be resolved through courts like the International Court of Justice.

Limitation: Jurisdiction is based on consent.

4. Sanctions and Diplomatic Pressure

● Economic sanctions

● Trade restrictions

● Political isolation

5. International Criminal Law

Individuals can be prosecuted for serious crimes:

● Genocide

● War crimes

(C) Effectiveness
Though weak compared to domestic law, international law is generally followed because:

● States value stability

● Reciprocity ensures compliance

● Reputation matters

Conclusion:

International law is enforced through a combination of legal, political, and economic

mechanisms, making it effective despite lacking centralized authority.

UNIT 4: SOURCES OF INTERNATIONAL

LAW – CUSTOM

1. International Custom
International custom is one of the primary sources of international law, recognized under Article
38(1)(b) of the ICJ Statute. It consists of general practice accepted as law.

(A) Elements of Custom

1. State Practice

○ Consistent and uniform conduct of states

2. Opinio Juris

○ Belief that such conduct is legally obligatory

Both elements are essential.

(B) Characteristics

● Unwritten

● Flexible and evolving

● Binding on all states (except persistent objectors)

(C) Key Case Laws

1.

North Sea Continental Shelf Cases

● Custom requires state practice + opinio juris

● Mere usage is not enough

2.

Anglo Norwegian Fisheries Case

● Recognized local custom

● Long and consistent practice accepted as law

3.
SS Lotus Case

● States are free unless restricted by law

● Emphasized importance of consent

(D) Persistent Objector Rule

A state that consistently objects to a custom from the beginning is not bound by it.

(E) Conclusion

Custom remains a fundamental source of international law, especially in areas where treaties
are absent.

UNIT 5: SOURCES – INTERNATIONAL

TREATIES

1. International Treaties
Treaties are written agreements between states governed by international law and are the most
important source of international law today.

(A) Definition

Defined under the Vienna Convention on the Law of Treaties (1969) as an international
agreement between states in written form governed by international law.
(B) Types of Treaties

1. Bilateral Treaties – Between two states

2. Multilateral Treaties – Between multiple states

(C) Features

● Based on consent

● Legally binding (pacta sunt servanda)

● Can create new law

(D) Importance

● Clear and precise rules

● Widely used in trade, environment, human rights

● Supersede custom when applicable

(E) Relationship with Custom

● Treaties can codify custom

● Custom can develop from treaties

 Case:

North Sea Continental Shelf Cases

● Treaty rules may become customary law if widely accepted

(F) Conclusion

Treaties are the most certain and widely used source of international law in modern times.

UNIT 6: SOURCES – JUDICIAL

DECISIONS & WRITINGS

1. Judicial Decisions
Judicial decisions are recognized as subsidiary sources of international law under Article
38(1)(d) of the ICJ Statute.

(A) Nature

● Not binding precedents (no stare decisis)

● Persuasive authority

(B) Role
 ● Interpret law

● Clarify customs and treaties

● Develop legal principles

Example:

Decisions of the International Court of Justice

Case:

Nicaragua v United States

● Clarified customary law on use of force

(C) Conclusion

Judicial decisions help in understanding and developing international law, though not binding.

2. Writings of Publicists
Writings of highly qualified jurists are also subsidiary sources.

(A) Meaning

Scholarly writings of experts used to:

 ● Interpret law

● Identify custom

● Guide courts

(B) Examples of Publicists

● Hugo Grotius

● Oppenheim

● Malcolm Shaw

(C) Role

● Persuasive but not binding

● Used where law is unclear

(D) Conclusion

Writings serve as evidence of law, especially in identifying customary practices.

QUICK REVISION
 Topic Key Idea

Monism One system, IL supreme

Dualism Separate systems

Enforcement Decentralized, UN role

Custom Practice + opinio juris

Treaties Written binding agreements

Judicial Decisions Subsidiary source

Publicists Expert opinions

FINAL EXAM TIP

For 15 marks:

1. Definition

2. Theory / Concept

3. Features

4. Case laws
 5. Critical analysis

6. Conclusion

Always include at least one case law—this gives you extra marks.

If you want, I can next prepare:

Case law IRAC answers (very important for problem questions)

Flowcharts for all units

5-mark and 10-mark ready answers

Just tell me

Unit 3to6 brief

Got you — now I’ll give you high-scoring, examiner-level notes that are:

✔ More detailed (concept + analysis + criticism)

✔ Still concise (no unnecessary storytelling)

✔ Case-law heavy (for marks)

✔ Structured like a topper’s answer

These are 15-mark ready answers for NMIMS.

UNIT 3: RELATIONSHIP &

ENFORCEMENT OF INTERNATIONAL LAW
(a) Relationship between International Law
and Municipal Law
The relationship between international law and municipal law concerns the interaction between
rules governing relations among states and those governing individuals within a state. The issue
becomes crucial when there is a conflict between the two systems.

Two classical theories explain this relationship. The Monist theory considers international and
municipal law as parts of a single legal system. According to Hans Kelsen, all law derives its
validity from a basic norm (grundnorm), and international law is superior because it regulates
the conduct of states. Under monism, international law automatically becomes part of domestic
law without transformation, and in case of conflict, international law prevails. This theory
supports uniformity but is criticized for ignoring state sovereignty and practical constitutional
limits.

The Dualist theory, propounded by Triepel and Anzilotti, maintains that international and
municipal law are separate systems with different subjects, sources, and spheres of operation.
International law governs relations between states, while municipal law governs individuals.
Therefore, international law must be incorporated into domestic law through legislation before it
can be applied by courts. Dualism preserves sovereignty but may allow states to evade
international obligations.

Modern practice reflects a harmonizing approach, where courts try to interpret municipal law
consistently with international law. Internationally, a state cannot invoke its domestic law to
justify breach of obligations, as reflected in Article 27 of the Vienna Convention on the Law of
Treaties.

In India, the approach is primarily dualist but flexible. In Vishaka v State of Rajasthan, the
Supreme Court used international conventions to fill gaps in domestic law and held that
international norms consistent with fundamental rights can be relied upon. However, in Jolly
George Varghese v Bank of Cochin, it was held that international treaties are not enforceable
without legislative incorporation.

Critical Analysis:

Absolute monism or dualism is unrealistic; modern systems adopt pragmatic coordination to

ensure both sovereignty and compliance.

Conclusion:

The relationship is best understood as complementary rather than conflicting, with increasing
importance of international law in domestic legal systems.
(b) Enforcement of International Law
International law is often criticized for lacking effective enforcement due to the absence of a
centralized authority. However, it is enforced through a decentralized system based on consent,
reciprocity, and institutional mechanisms.

Unlike municipal law, there is no world legislature or police force. Compliance depends on the
willingness of states and the pressure of the international community. One method of
enforcement is self-help, including retorsion (lawful unfriendly acts such as sanctions) and
reprisals (otherwise unlawful acts justified as countermeasures). These mechanisms maintain
balance through reciprocity.

The most important institutional mechanism is the United Nations, particularly the Security
Council, which can impose economic sanctions, authorize military action, and take collective
measures under Chapter VII of the UN Charter. However, enforcement is often limited by
political factors such as veto power.

Judicial enforcement is provided by bodies like the International Court of Justice, which settles
disputes between states. However, its jurisdiction is based on consent, and its judgments lack
direct enforcement mechanisms.

Modern developments include international criminal tribunals, which hold individuals

accountable for serious crimes. Economic sanctions, diplomatic pressure, and reputational
costs also act as enforcement tools.

Critical Analysis:

Though weak in structure, international law is effective because states comply due to mutual
interest, reputation, and fear of retaliation.

Conclusion:

International law is enforced through a combination of legal, political, and economic

mechanisms, making it functional despite structural limitations.

UNIT 4: SOURCES – INTERNATIONAL

CUSTOM
(a) International Custom
International custom is a primary source of international law under Article 38(1)(b) of the ICJ
Statute. It is defined as general practice accepted as law, consisting of two essential elements:
state practice and opinio juris.

State practice refers to the consistent and general conduct of states, including official acts,
legislation, and judicial decisions. The practice must be sufficiently uniform and widespread.
Opinio juris refers to the belief that such practice is legally obligatory, distinguishing legal custom
from mere usage or courtesy.

Customary law is binding on all states except those that have persistently objected during its
formation. It is flexible and can evolve over time, making it essential in areas where treaties are
absent.

In the North Sea Continental Shelf Cases, the ICJ held that customary law requires both state
practice and opinio juris, and that practice must be extensive and virtually uniform. In the Anglo
Norwegian Fisheries Case, the Court recognized local custom, holding that long and consistent
practice accepted by other states can be binding even if not universal.

The SS Lotus Case emphasized the consensual nature of international law, stating that states
are free to act unless restricted by a rule of law.

Persistent Objector Rule:

A state that consistently objects to a custom from the beginning is not bound by it.

Critical Analysis:

Custom provides flexibility but suffers from uncertainty and difficulty of proof.

Conclusion:

International custom remains a fundamental and dynamic source of law, especially where
treaties are absent.

UNIT 5: SOURCES – INTERNATIONAL

TREATIES
(a) International Treaties
Treaties are written agreements between states governed by international law and are the most
important and precise source of international law. They are based on the principle of pacta sunt
servanda, which requires that agreements must be honored in good faith.

Treaties may be bilateral or multilateral and cover a wide range of subjects such as trade,
human rights, environment, and security. The Vienna Convention on the Law of Treaties (1969)
provides the legal framework governing their formation, interpretation, and termination.

Treaties are binding only on parties that consent to them, reflecting state sovereignty. However,
treaty provisions may become part of customary law if widely accepted and practiced.

In the North Sea Continental Shelf Cases, the ICJ held that treaty provisions do not bind
non-parties unless they have become customary law through general practice and opinio juris.

Treaties offer clarity and certainty, but they may face challenges such as reservations,
non-compliance, and lack of universal participation.

Critical Analysis:

While treaties provide precision, their effectiveness depends on state consent and political will.

Conclusion:

Treaties are the primary and most reliable source of international law, reflecting cooperation
among states.

UNIT 6: SOURCES – JUDICIAL

DECISIONS & WRITINGS

(a) Judicial Decisions

Judicial decisions are recognized as subsidiary sources of international law under Article
38(1)(d) of the ICJ Statute. Unlike domestic law, international law does not follow strict
precedent, so decisions are not binding in future cases but have persuasive value.
Judicial decisions play a vital role in interpreting treaties, identifying customary law, and
developing legal principles. Courts like the International Court of Justice rely on past judgments
to ensure consistency and clarity.

In Nicaragua v United States, the ICJ clarified the principles of non-intervention and the
prohibition of use of force, thereby strengthening customary law.

Critical Analysis:

Though not binding, judicial decisions influence state behavior and contribute to legal
development.

Conclusion:

Judicial decisions serve as authoritative interpretations and help shape international law.

(b) Writings of Publicists

The writings of highly qualified publicists are also subsidiary means for determining rules of
international law. These include academic works, commentaries, and textbooks.

Scholars like Hugo Grotius, Oppenheim, and Malcolm Shaw have significantly contributed to the
development of international law.

These writings are used to interpret legal rules, identify customary law, and fill gaps where law is
unclear. However, they are not binding and derive authority from the reputation of the author.

Critical Analysis:

Publicists play an important role but may introduce subjectivity.

Conclusion:

Writings of publicists are persuasive authorities that aid in understanding and developing
international law.

SUPER-FAST REVISION (EXAM

READY)
 ● Monism vs Dualism → Unity vs Separation

● India → Dualist + Harmonious interpretation

● Enforcement → UN, ICJ, sanctions, self-help

● Custom → Practice + opinio juris

● Treaties → Consent + binding

● Judicial Decisions → Persuasive

● Publicists → Academic guidance

TOPPER TIP (VERY IMPORTANT)

To score extra marks, always add:

✔ 1 theory

✔ 1 case

✔ 1 criticism

✔ 1 conclusion

This converts your answer from average → distinction level

If you want, I can next give you:

Flowcharts (for 1-day revision)

Case law IRAC (VERY important for problem questions)

Previous year questions with answers