International Law Book By Agarwal Pdf 16
Mayank Anurag Agarwal (born 16 February 1991) is an Indian international cricketer who plays as a right-handed top-order batter. He plays for Karnataka cricket team in domestic cricket. He made his international debut for the India cricket team on 26 December 2018 against Australia at the MCG.
International Law Book By Agarwal Pdf 16
Agarwal practices the meditation technique of Vipassanā, being introduced to it by his father Anurag Agarwal. He is also said to have been inspired by the Joseph Murphy book The Power of the Subconscious Mind.
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The modern international law system is a product of only the past four hundred years bearing witness to the influence of various writers and jurists of sixteen to the eighteenth century, who formulated some of its most fundamental principles.
However, in the past, states were the only subjects of the international law but with the increase in the scope of the international law, many other entities like the one discussed above have been given international personality. So now the question arises, whether they may be treated as the subjects of international law and if they are given the international personality, what is the criteria determining their qualification to be the subject of the international law. So there are different theories for determining the same. The most prominent of them are:
According to this theory, only the Nation/States are considered to be the subject of international laws. It relies on the principle that it is for the nation/state that the concept of international law came into existence. These nations/states are distinct and separate entities, capable enough to have their own rights, obligations and duties, possessing the capability to maintain their rights under international law.
However, the theory has been criticized on the fact that it fails to explain the case of slaves and pirates as under international law, slaves have been conferred with some rights, while the pirates are treated as enemies of mankind.
Supporters of this theory suggest that the subjects of international law are the individuals only and that legal order is for the well-being of the individuals. They firmly believe that the Nation/state are nothing but aggregate of individuals as subjects.
Prof. Kelsen is the supporter of the theory and believes that the duties of the states are ultimately the duty of the individuals of the states and there is no difference between the international law and municipal law and have been made to be applicable on the individuals only.
Both the Realist and the Fictional Theory take on an extreme course of opinion, but, according to Functional Theory, neither state nor individuals are the only subjects. They both are considered to be the subjects of modern International law as they both have recognized rights, duties and obligations. Along with them, several other entities, like African Union, have been accepted as subjects of international law.
In the present times, individuals have been conferred with certain rights and duties, for example, International Covenant on human rights. Moreover, it is agreed that international organisations are also the subjects of international law. The International Court of Justice held that the United Nation is an international person and is a subject of international law, capable of having rights and duties.
It refers to rules and regulations governing international relations between different states and international institutions. It sets rules concerning all mankind: the environment, international business, the ocean, human rights, etc.
For example, an American man and an Indian woman were married in India and now live in Los Angeles. In case they ever want a divorce, the rules of private international law will determine where they will be required to go, either to the US or to an Indian court to get divorced.
For example, the World Food Programme, a part of the UN, which is a subject of international law, is a large humanitarian agency which fights hunger worldwide and delivers food assistance in case of emergencies.
For example, the problem of global warming. Every country emits greenhouse gases which is further contributing to global warming and the impact of the same will be felt by all the countries. So, no country can combat global warming alone and will need international laws and cooperation to curb the problem.
While the modern international system can be traced back to some 400 years, the basic concepts of international law can be discerned in political relationships thousands of years ago. Around 2100 BC, a solemn treaty was signed between the rulers of Lagash and Umma, the city-state situated in the area known to historians as Mesopotamia.
The treaty was inscribed on a block of stone which dealt with the establishment of a defined boundary which has to be respected by both sides. The next major instance of a binding international treaty was concluded over 1,000 years later between Rameses II of Egypt and the King of Hittites for the establishment of eternal peace and brotherhood.
The foundations of international law (or the law of nations) as it is understood today lie firmly in the development of western culture and political organisation. Treaty of Westphalia provides Public International Law, the structure and order, for developing it in terms of the present-day society.
In the middle ages, two sets of international law, namely Lex Mercatoria (Law Merchant) and the Maritime Customary Law were developed to deal with problems that transcended international boundaries. With the revival of trade in the 10th century, merchants started to travel all throughout Europe in order to sell, buy and place orders for various goods. These commercial activities required the establishment of a common legal framework.
The Evolution of Modern International Law was done by a British historical lawyer, Maine. The evolving concepts of separate, sovereign and competing states marked the beginning of what is understood as international law. International law became geographically internationalised through the expansion of the European empires. It became less universal in conception and more, theoretically as well as practically, a reflection of European values.
A Dutch Scholar Hugo Grotius, born in 1583, has been celebrated as the father of International Law. His treatise De Jure Belli ac Pacis has been acknowledged as the most comprehensive and systematic treatise of positivists international law. It is extensive work and includes rather more devotion to the exposition of private law notions than what seems appropriate today.
One central doctrine in Grotius treatise was the acceptance of the law of nature as an independent source of the rule of law of nations apart from customs. His work was continually relied upon as a point of reference and authority in the decisions of courts and textbooks and later writings of standing.
The Hague Conferences of 1899 and 1907 helped in establishing the Permanent Court of Arbitration which dealt with the treatment of prisoners and the control of warfare. Numerous other conferences, conventions and congresses emphasised the expansion of the rules of international law and the close network of international relations. Due to the above actions the development of the law of war and international bodies that adjudicated international disputes occurred.
The Permanent Court of International Justice was established in 1921 after World War I and was succeeded in 1946 by the International Court of Justice. The United Nations founded the International Court of Justice which has now expanded the scope of International Law to include different aspects of the issues that affect a vast and complex area of international rules such as International Crime, Environment law, Nuclear law etc.
The individual has been considered as an entity in international law after many decades. The individual has the least participation in international law during the inception stage. The term individual has a wide legal connotation, it is not something limited to a person, it may be an entity, an enterprise or big business conglomerate. The term individual may be a legal person whose job is to secure the rights of people across the globe. The individual is the basis on which the entire international law works because the objective of international law is to protect the interest of the individuals. All the treaties, regulations and customs have benefitted the individual in many capacities. The objective of the International Law is to achieve global justice and resolve the dispute amicably, that ultimately helps individuals.
The development of many areas in the International Law such as International Human Rights Law with the objective to protect the interest of the individual. The end of World War II led to the establishment of the United Nations Organisation, after which the concept of International Law flourished and went on to cover many areas. The International Law under the head of International Refugee Laws, seeks to achieve the freedom and rights of the refugees from all countries. The United Nations had signed various conventions for the protection of the environment and sustainable development goals. The individuals also play an important role in international law in various capacities.
International Law is comprehensive in nature and due to that it is an amalgamation of various sources, there exists no single system of laws which can interpret and extend the law but international law still exists and is ascertainable.
Primary Sources of International Law are considered formal in nature. They come from official bodies which include Treaties, Customs and principle of Law. Article 38(1)(a-c) of the ICJ statute is widely recognized as the backbone of the formal source of International Law. It is generally regarded as an authoritative statement of the sources of international law. Article 38 of the Statute of the International Court of Justice in The Hague has been treated as a convenient catalogue of international legal sources. 350c69d7ab