International
Law for Judiciary
Twenty-four chapter notes covering public international law as it appears in Indian judicial practice — sources of international law, treaties, subjects of international law, jurisdiction, State responsibility, the law of the sea, the United Nations system, and the relation between international law and Indian municipal law. Source first, treaty second, leading case third.
International law as Indian courts read it.
International law — the body of rules that governs relations between States and other international actors — enters Indian judicial practice in two ways. First, through Article 51(c) of the Constitution, which directs the State to foster respect for international law and treaty obligations. Second, through the rule that treaty obligations bind India only when given domestic effect by Parliament under Article 253 — the dualist tradition modified by the Supreme Court’s willingness to read international instruments into Indian law.
These notes anchor every chapter to a doctrine and a leading case where one exists. The most-tested doctrines are the sources of international law under Article 38 of the ICJ Statute, the law of treaties under the Vienna Convention 1969, the principles of State responsibility, and the relation between international law and Indian municipal law as worked out in Vishakha, Nilabati Behera, and Vellore Citizens Welfare Forum.
Each chapter is designed to be read in twelve to fifteen minutes and to leave the reader with the doctrine, the treaty or customary basis, the Indian constitutional interface, the leading authority, and the distinctions from cognate concepts.
How to read these notes
Start with the source.
Every chapter opens with the source of the rule under Article 38 ICJ Statute — international convention, customary international law, general principles, judicial decisions, juristic writings. Read the source first. Citing a doctrine without identifying its source is incomplete.
Apply the constitutional interface.
Every international-law question that comes before an Indian court runs through Articles 51, 73, 246, and 253 of the Constitution. Has Parliament given the treaty domestic effect? Is the rule customary international law binding ipso facto? Can the Supreme Court read the international instrument into Indian law via Vishakha? The answer depends on the constitutional posture, not just the international rule.
Test on the leading case.
If you can restate the holding of Vishakha v. State of Rajasthan, Vellore Citizens Welfare Forum v. Union of India, or Nilabati Behera v. State of Orissa in two sentences, you understand the chapter. If not, return to the statutory section and rebuild from there.
All 24 chapters, in 6 groups
Sequenced through the natural structure of the subject — every chapter sits in a doctrinal cluster.Foundations & Sources
Article 38 ICJ Statute — where international law comes from
The definition of international law, the distinction between public and private international law, the historical evolution from the Peace of Westphalia. The five sources under Article 38 of the ICJ Statute — international conventions, customary international law, general principles of law recognised by civilised nations, judicial decisions, and juristic writings.
Treaties — Formation, Interpretation, Termination
Vienna Convention on the Law of Treaties 1969
The Vienna Convention on the Law of Treaties 1969 as the customary code on treaties. Treaty formation including signature, ratification, accession, reservations. Pacta sunt servanda as the foundational principle. Rules of treaty interpretation including textual, contextual, and purposive readings. Termination of treaties including material breach, supervening impossibility, fundamental change of circumstances (rebus sic stantibus).
Subjects, Recognition & Jurisdiction
Who international law binds and how
States as primary subjects, international organisations and their derived personality, individuals as limited subjects after Nuremberg and the Rome Statute. The doctrine of recognition of States and Governments. The bases of jurisdiction — territorial, nationality, protective, universal, passive personality. State immunity and the restrictive doctrine.
State Responsibility & Use of Force
Wrongful acts and self-defence
The Articles on State Responsibility — attribution, breach, circumstances precluding wrongfulness. The Caroline test for self-defence. The Article 2(4) prohibition on the use of force in the UN Charter and the Article 51 right of self-defence. Humanitarian intervention and the responsibility-to-protect doctrine.
International Criminal Law — ICC, Crimes Against Humanity
IL · 14Settlement of International Disputes — ICJ, Arbitration
IL · 15International Organisations — UN System (UNGA, UNSC, ECOSOC, ICJ)
IL · 16Specialised UN Agencies — WHO, ILO, UNESCO, UNICEF, UNHCR
IL · 17Regional Organisations — SAARC, ASEAN, EU, AU
Specialised Regimes
Sea, air, space, environment, human rights
The law of the sea under UNCLOS 1982 including territorial sea, contiguous zone, EEZ, and continental shelf. Air law including the Chicago Convention and freedoms of the air. Outer space treaties. International environmental law including the precautionary and polluter-pays principles. International human rights law including the UDHR and the two Covenants.
United Nations & Indian Interface
UN system + Article 51(c) + reference
The structure of the United Nations — General Assembly, Security Council, ICJ, ECOSOC, Trusteeship Council. The veto power and the P5. The relation between international law and Indian municipal law under Article 51(c) and Article 253. The Vishakha doctrine of reading international instruments into Indian law. The landmark Supreme Court decisions.