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INTERNATIONAL LAW
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PUBLIC INTERNATIONAL LAW
Guess Paper Unit - 1 Question:- i) Discuss the nature and basis of International Law which source has contributed to the development of International Law? OR ii) Whether the International Law is law in the proper sense of the term. Give reasons for your answer. OR iii) International Law is the vanishing point of jurisprudences. Explain. iv) Discuss the weaknesses of International Law. Or International Law is a weak Law. v) International Law and Municipal Laws are same or not. Explain. Unit-II Question :-2.(i) What do you understand by recognition of a state? What are the theories of recognition? What are the legal effects of recognition and consequences of non- recognition of a state? Discuss. (ii) What is the difference between de facto and de jure recognition. (iii) Discuss the conditional recognition. (iv) What is meant by Intervention? Under what circumstances intervention by one state in the affairs of another state considered justified? Unit-III Question:-3 (i) What are the categories of diplomatic agents? What immunities do diplomat enjoy and how the immunities are lost? (ii) Define Treaty. What do you understand by ratification of a Treaty? Explain? (iii) Define Extradition? Explain the essential conditions for extradition? For which crime extradition cannot be claimed. Discussed (iv) Define Asylum, its essentials and types of asylum. What are the differences between extra territorial asylum and territorial asylum? Unit- IV Question :-4 (i) (v) Critically examine the various amicable and force-able means of settlement of International disputes between the states. (ii) Define war. What are the legal characteristics and effects of a War? (iii) Discuss the rights and duties of neutral state and belligerent states. (iv) Define Prize Court. (v) Distinguish between Neutrality and Neutralization. (vi) Discuss Blockade and right of Angry. Write short note on the followings:-
- What do you mean by ex acquo ET bonod.
receive general consent of the States and no civilized state shall oppose it. Porugal v/s India-1960, ICJ pointed out that when in regard to any matter or practice, two states follow it repeatedly for a long time, it becomes a binding customary rule. Still other resolutions amount to an interpretation of the rules and principles which he charter already contains and which are in binding upon States.
3. General Principles of Law recognised by civilized States: - Art.38 of ICJ provides that the Statute of International Court of Justice lists general principles of law recognised by civilised States as the third source of international law. In the modern period it has become an important source. This source helps international law o adapt itself in accordance with the changing time and circumstances. On the basis of this view the general principle of law recognised by civilized States have emerged as a result of transformation of broad universal principles of law applicable to all the mankind. Following are some important cases relating to the general principles of law recognised by civilized States:-1. R. v/s Keyn-1876 , that I. Law is based on justice, equality and conscience which have been accepted by practice of States. 2. U.S v/s Schooner- held that I. Law should be based on general principles. 4. Decisions of Judicial or Arbitral Tribunals and Juristic Works:- i) International judicial Decisions:- In the modern period international court of justice is the main international judicial tribunal. It was established as a successor of the permanent court of I. justice. Art.59 of the statute of ICJ makes it clear that the decisions of the court will have no binding force except between the parties and in respect of that particular case. While in principle it does not follow the doctrine of precedent. Thus judicial decisions unlike customs and treaties are not direct sources of law; they are subsidiary and indirect sources of international law. State judicial decisions:- These decisions may become rules of international law in the following two ways :- 1. State judicial decisions are treated as weighty precedents. 2. Decisions of the state courts may become the customary rule of I. Law in the same way as customs are. Decisions of International Arbitral Tribunals:- Jurists have rightly too pointed out that in most of the arbitral cases arbitrators act like mediators and diplomats rather than as judges as in Kutch Award-1968. Juristic Works. Juristic Works:- Art.38 of ICJ, the work of high qualified jurists are subsidiary means for the determination of the rules of I. Law. In Paquete Habana and Lola fishing vessels with Spanish flags on them in 1898 during war between America & Spain, held that they could not be seized or apprehended during the state of blockade. 5. Decisions or determinations of the organs of international institutions :- Art.38 of ICJ incorporated these sources and also introduced one new source namely general principles of law. In view of the strong reasons the decisions and determination of organs are now recognised as an important source of I. Law. The resolutions of the organs may be binding on the members in regard to the internal matters. Organs of international institution can
decide the limits of their competence. 6. Some other sources of International Law :- Besides the above sources of I. Law, following are some of the other sources of international law: - 1. International Comity : mean mutual relations of nations. 2. State Paper :-In modern period diplomats send letters to each others for good relations are also the sources of I. Law. 3. State guidance for their officers : Numbers of matters are resolved on the advice of their legal advises. 4. Reasons: has a special position in all the ages.5. Equity & Justice: I t may play a dramatic role in supplementing the law or appear unobtrusively as a part of judicial reasoning. What do you mean by subjects of International Law? Can an Individual be a subject of International Law? If so in what circumstances. INTRODUCTION:-A subject of rules is a being upon which the rules confer rights, capacity and imposes duties and responsibility. Generally it is the State who enters into treaties with each other and is thus bound by its provisions. This does not however mean that other entities or individuals ar outside the scope of international law. International law applies upon individuals and certain non-state entities in addition to states. In the modern era the international law has expanded a lot. Now this law is applied besides States and individuals also. THEORIS REGARDING SUBJECTS OF INTERNATIONAL LAW:- Following are the three main theories prevalent in regard to the subjects of international law:- 1. Only States are the subject-matters of I. Law:- Certain jurists have expressed the view that only International law regulates the behaviour of states hence states are its subject matters. Percy E.Corbett says, “The triumph of positivism in the late eighteenth century made the individual an object not a subject of international law. CRITCISM: - The jurists have bitterly criticised as this theory fails to explain the case of slaves and pirates. The pirates are regarded enemy of humanity and they can be punished by the State for piracy. In international arena by some ordinary treaties community of states have granted certain rights. But those jurists who say that states are the only subject-matter of international law but are object of it. To say that individuals are not the subject but object of the International law seems to be incorrect. Prof. Schwarzenberger, has aptly remarked that this view is controversial. He asserts that he individual who is the base of the society is only an object of the I. Law is not justified.
2. Only individual are the subjects of International law : - Just contrary to the above theory there are certain jurists who have expressed the view that in the ultimate analysis of international law it will be evident that only individuals are the subject of International Law. The main supporter of this theory is Professor Kelson. Before keelson this view was expressed by Westlae, who opined, the duties and rights of the States are only the duties and rights of men who compose them. Kelson has analysed the concept of State and according to him it is a legal
be involved in such acts as may prove detrimental for the good relations among states. A leading case ex parte Petroff-1971 , wherein two persons who were found guilty of throwing explosive substances on the Soviet Chancery were convicted.
- Foreigners : to some extent international law also regulates the conduct of the foreigners. According to international law it is the duty of each state to give to them that right which it confers upon its own citizens.4. War criminals : can be punished under international law. 5. Under some treaties individuals have been conferred upon some rights whereby they can claim compensation or damages.
- 3. Discuss the basis and nature of International Law. Or Whether the International Law is law in the proper sense of the term? Give reasons for your answer. INTRODUCTION : - Austin in his definition of law has given more importance to sanction and fear in compliance of law. In case of International law there is neither sanction nor fear for its compliance hence it is not law in proper sense of the term. But now the concept has changed and International Law is considered as law. There is no consideration of fear or sanction as essential part of law. If fear and sanction are considered necessary then there are sufficient provisions in UNO charter for compliance of the International Law as Law :- According to Bentham’s classic definition international law is a collection of rules governing relations between states. Two of the most dynamic and vital elements of modern international law.
- In its broadest sense, International law provides normative guidelines as well as methods, mechanisms, and a common conceptual language to international actors i.e. primarily sovereign states but also increasingly international organizations and some individuals.
- Although international law is a legal order and not an ethical one it has been influenced significantly by ethical principles and concerns, particularly in the sphere of human rights. International is distinct from international comity, which comprises legally nonbinding practices adopted by states for reasons of courtesy. e.g. the saluting of the flags of foreign warships at sea.) INTERNATIONAL LAW AS REALLY LAW According to Oppenheim , International Law is law in proper sense because:- · In practice International Law is considered as law, therefore the states are bound to follow them not only from moral point of view but from legal point of view also. · When states violate international law then they do deny the existence of international law but they interpret them in such a way so that they can prove their conduct is as per international law. · Starke while accepting International Law as Law has said, “that in various communities law is in existence without any sanction and legal force or fear and such law has got the same acceptance as the law framed and enacted by state Legislative Assemblies. · With the result of international treaties and conventions International Law is in existence.
· U.N.O. is based on the legality of International Law. According to Prof.Briely , “To deny the existence and legal character of International Law is not only inconvenient in practice but it is also against legal thoughts and principles.” · The states who are maintaining the international relations not only accept International Law as code of conduct but has also accepted its legal sanction and force. Prof. Hart , “There are many rules in practice which are honoured by states and they are also bund by them, now the State Government accept the existence of International Law.” According to Jus Cojens, “ International Law may now properly be regarded as a complete system.” It is pertinent to mention here that from the above noted contents it is clear that the following grounds are supportive for accepting the International Law as law:- · Now so many disputes are settled not on the basis of moral arguments but on the basis of International Treaties, precedents, opinions of specialists and conventions. · States do not deny the existence of International Law. On the contrary they interpret International Law so to justify their conduct. · In some states like USA and UK international Law is treated as part of their own law. A leading case on the point is the, Paqueta v/s Habanna-1900. Justice Gray observed that the international law is a part of our law and must be administered by courts of justice.” · As per statutes of the International Court of Justice, the international court of Justice has to decide disputes as are submitted to it in accordance with International Law. · International conventions and conferences also treat international Law as Law in its true sense. · The United Nations is based on the true legality of International Law. · That according to article 94 of UNO charter , the decisions of the International Court of Justice are binding on all Parties (States). · Customary rules of International Law are now being replaced by law making treaties and conventions. The bulk of International Law comprises of rules laid down by various law-making treaties such as, Geneva and Hague conventions. On the basis of above mentioned facts and arguments, the International Law is law in true sense of the term. United States and U.K., treat International Law as part of their law. In a case of West Rand Central Gold Mining Company Ltd., v/s Kind- 1905, the court held the International Law has considered it as a part of their law. From the above analysis it is revealed that the International Law is law. The International Law is law but the question arises as to what are the basis of International Law. There are two theories which support it as real law:-
- Naturalist Theory:- The Jurists who adhere to this theory are of the view that International Law is a part of the Law of the Nature. Starke has written, “States submitted to International Law because their relations were regulated by higher law, the law of Nature of which International Law was but a part.” Law
Austin also subscribes to this view, Justice V.R.Krishna Iyer formally member of Indian Law Commission has also remarked, “It is a sad truism that international law is still the vanishing point of jurisprudence. This view is not correct. It is now generally agreed that Holland’s view that international law is the vanishing point of jurisprudence is not correct. But now it is well settled that International Law is law. It is true that International Law is not enacted by sovereign and has no agency for its enforcement. But it is true that it is a weak law. A majority of International lawyers not subscribe to this view is based on the proposition that there are no sanctions behind international Law are much weaker than their counterparts in the municipal law, yet it cannot be successfully contended that there are no sanctions at all behind international law. The jurists who do-not consider international law as the vanishing point of jurisprudence say that there is difference between state law and International Law. International Law cannot be enacted by the state but still there is agency for its enforcement. According to Dias , “International Law is obeyed and complied with by the states because it is in the interests of states themselves.” For this object they give the following arguments:-
- The judgements of International court of Justice are binding on States.
- If any state does not honour the order/judgement of International court of justice, the Security Council may give its recommendation against that state for action.
- The judicial powers of International Court of justice (Voluntarily and compulsory) have been accepted by the States.
- The judgement of International court of Justice has been followed till date.
- The system of enforcement i.e. sanctions and fear, has been developed. For example :- If there is a threat to international peace and security, under chapter VII of the U.N. Charter, the security council can take necessary action to maintain or restore international peace and security. Besides this the decisions of the International Court of Justice are final and binding upon the parties to a dispute. The gulf war 1991 Iraq trespassed and acquired the whole territory of Quait in her possession by violation of International Law. The Security Council passed a resolution against Iraq and asked her to liberate Quait. But Iraq did not honour the resolution of Security Council; hence therefore may economic and political restrictions were composed against Iraq. But all in vain. Then USA and her allies were permitted to compel Iraq to honour resolution of Security Council. Consequently USA and her allies used force against Iraq and freed Quait. The same action was taken against North Korea and Cango during the year l948 and 1961. The Security Council imposed penalty against Libya for shooting down American Plane in Lockerbie (Scotland) in 1992, consequently two citizens were also killed.
The Security Council forced Libyan Government to surrender two terrorists who were involved in this mishap and Libya obeyed the order of S. Council. The greatest proof of its utility and importance is the fact that its successor the International Court of Justice established under the United Nations charter is based on the Statute of the Permanent Court of International Justice, the United Nations & Security Council Charter possess wide powers to declare sanctions against the states who are guilty of violence of the provisions of the same under chapter-VII Thus International Law is in fact a body of rules and principles which are considered to be binding by the members of International Community in their intercourse with other. The legal character of International Law has also been recognized in 1970 Declaration on the Principle of International Law Concerning Friendly relation and Cooperation among states. Conclusion :- On the basis of above discussion it may be concluded that the International Law is in fact law and it is wrong to say that it the vanishing point of Jurisprudence.
3. Discuss the weaknesses of International Law. What are the suggestions for removing/improving the International Law? INTRODUCTION : - International Law is said to be a “weak Law.” The weaknesses of International Law become evident when we compare it with Municipal Law. Its weaknesses reflected in most of cases when these are compared with the state law. The following are some of the weaknesses of International Law:- WEAKN ESSES l. The greatest shortcoming of International Law is that it lacks an effective executive authority to enforce its rues. 2. Lacks Of effective legislative machinery :- Since the International Laws are based on international treaties and conventions. Therefore these are interpreted by the states according to their self interest. 3. The International court of Justice lacks compulsory jurisdiction in the true sense of the term :- The International court of Justice which is situated in Hague (Netherland) is not authorised to take cases of all states. The cases can be filed in this court with the mutual consent of concerned states. 4. Due lack of effective sanctions, rules of International Law are frequently violated:- There is no sense or fear of sanction in the International Law with the results the laws are violated frequently by the States. 5. Lack in right to intervene in Internal Affairs :- As per article 2(7) of UNO Charter, UNO is not competent to interfere in the domestic matters of states. International law cannot interfere in the domestic matters. Keeping in view these facts in several cases International Law proves to be ineffective and weak. 6. UNCERTAINTY:- There is one more reason behind the weakness of International Law is its uncertainty. It is not certain as the laws of states as well as Municipal law. In addition to this it has not been able to maintain international peace and order.
1. International Law and Municipal Law are the same. Please discuss. Or Discuss the various theories regarding relationship between International Law and Municipal Law. INTRODUCTION : - Certain theories have been propounded to explain the relationship between International Law and Municipal Law. In general it is notionally accepted that the state municipal law control the conduct of individuals within the state while International Law controls the relations of nations. But now this concept has altogether been changed and the scope of International Law has increased and it not only determines and controls the relations of states but also the relations of members of International community. Both the laws have co-hesion with each other and the relations between these two are more prominent. These theories have been put forward to explain the relationship between International Law and State Law. Of all these theories as per following details, the most popular are the Monism and dualism and they are diametrically opposed to each other:- 1. MONISTIC THEORY:- It is also known in the name of Monism theory. According to the exponents of this theory International Law and Municipal Law are intimately connected with each other. International Law and Municipal Law are the two branches of unified knowledge of law which are applicable to human community in some or the other way. All Law are made for individuals. The difference is that municipal law is binding on individual while International Law is binding on states. Conclusively it can be said that the root of all laws is individual. According to Strake , “International Law is part of state Municipal Law and therefore decisions can be given by Municipal courts according to the rules of International Law.” According to O.Kornell , “The objective of all laws is human welfare whether it is state municipal law or International Law.” 2. DUALISTIC THEORY: - In view of the dualistic theory writers, International Law and state Law are two separate laws and contained legal systems. The Monist view of law is part of philosophy according to which totality is a single structure. But within the framework of the unitary universe is diversity of phenomenon. International Law cannot become part of state municipal Law till the principles of International Law are applied under State Municipal Law. According to Strake , “The main foundation of the proponents of dualistic theory is that state Municipal Law and International Law are two different legal systems because the nature of International law is fundamentally different from State Municipal Law.” Angilotti has also recognised both the systems as two different legal systems. According to him the fundamental principle of State Municipal Law in compliance of law enacted by state legislature while principle of International Law is Pacta Sunt Servanda i.e. to honour the agreements executed between the states.” The main basis of separation of these two systems is as follows:-
· The main source of International Law is customs and treaties while in case of Municipal Law are an enactment by sovereign power. · International Law controls the relations between state while state law controls the relations between state and individuals. · The main cause of compliance of state law is fear of sanction while the basis of compliance of International Law is the moral liability and vested interests of states.
3. THEORY OF SPECIFIC ADOPTION : - International Law cannot be directly enforced in the field of State Law. In order to enforce it in the field of Municipal Law it is necessary to make its specific adoption. The theory of adoption is based on Hague convention-1970, Vienna Convention-1972 and Tokyo Convention-1975. In case of Jolly George v/s Bank of Cochin- 1980 : The court held that any agreement does not become part of Indian constitution automatically, but the positive commitment of state parties inspires their legislative action.” The use of International Law in different countries like India, Britain, America and Russia. The rules of International Law and treads have been based in a different ways e.g. · INDIAN ADOPTION :- The International Law has been given important place and mention the customary rules of International Law in Article 51(6) of the Indian constitution with the following strive : i) To increase international peace and security. ii) To maintain just and good relations among states. iii) To increase faith and honour for use of International Law treaty, obligations in natural relations and conduct of organised people. iv) To act as mediator to encourage for settlement of international dispute. Some of the cases in this regard are : i) Shri Krishna Sharma v/s State of west Bengal-1964 : It was decided that whenever the court interprets the domestic Municipal Law, it should be taken into consideration that it does not go against International Law. ii) Magan Bhai, Ishwar Bhai Patel v/s Union of India-1969 :- Court accepted the implementation of Kutch Agreement between India and Pakistan on the basis of correspondence between them. Similarly there are two other case viz: Vishakha v/s State of Rajasthan-1997. And Apparel Export Promotion Council v/s A.K.Chopra-1999 : In both of the cases the court held that the right of sex equality of women has assumed the important rule of International Law and its convention, court said that in cases of violation of human right the court should always consider international documents and conventions and should make them binding. British Adoption : In Britain International customs are treated as part of domestic law. British courts apply international customs subject to the conditions (i) International customary rules are not inconsistent with British Laws (ii) they are accepted by lower courts when the limit of these customary rules are fixed by High Court. For use of treaties, the case of International Tin Council v/s Dep’t., of Trade and Industry-1900 : the Lord Council decided
DEFINITION: - Many of the Jurists has define ‘Recognition’ in different ways. Some of them have opined as under: Prof.L.Oppenheim :- “In recognising a State as member of International community, the existing states declare that in their opinion the new state fulfils the conditions of statehood as required by International Law.” Fenwick: - “That through recognition the members of the International community formally acknowledge that the new state has acquired international personality .” In the words of Phillip C Jessup: - By recognition is such a function of a state by which she accepts that any political unit contains the essential elements of nationality.” According to Prof. Schwarzenberger :- “ Recognition can be absorbed easily by a procedure developing International aw by which the state have accepted the negative sovereignty of each other and willing to develop their legal relations on the basis of their natural relations.” According to Kelson : “A community to be recognised as an International person must fulfil the following conditions:- i) The community must be politically organised. ii) It should have control over a definite territory. iii) This definite control should tend towards performance. iv) The community thus constituted must be independent. Thus the conditions of statehood are, People, a territory, a government and sovereignty.” TYPES OF RECOGNITION Recognition is of two types, De facto and de jure recognition. The practice of States shows that in first stage the State generally give de facto recognition. Later on when they are satisfied that the recognised state is capable of fulfilling International obligations, they confer de jure recognition on it, that is why sometimes it is said that de facto recognition of state is a step towards de jure recognition. The detail of de facto and de jure recognition is as under:- DE FACTO RECOGNITION : - According to Prof.G.Schwarzenberger :- “When a state wants to delay the de jure recognition of any state, it may, in first stage grant de facto recognition.” The reason for granting de facto recognition is that it is doubted that the state recognized may be stable or it may be able and willing to fulfil its obligations under International Law. Besides this it is also possible that the State recognised may refuse to solve its main problems. De facto recognition means that the state recognized possesses the essentials elements of statehood and is fit to be a subject of International Law. According to Prof.L.Oppenheim :- “The de facto recognition of a State or government takes place when the said State is free state and enjoys control over a certain fixed land but she is not enjoying the stability at a deserved level and lacking the competence to bear the responsibility of International Law.”
For example :- De jure recognition had not been given to Russia by America and other countries for a long time because Russia was not having competence and willingness to bear responsibility of International Law. The same position was with China. In view of the Judge Phillips C Jessup , “De facto recognition is a term which has been used without precision when properly used to mean the recognition of the de facto character of a government; it is objectionable and indeed could be identical with the practice suggested of extended recognition without resuming diplomatic relations.” The de facto recognition is conditional and provisional. If the state to which De Facto recognition is being given is not able to fulfil all conditions of recognition then that recognition is withdrawn. DE JURE RECOGNITION De jure recognition is granted when in the opinion of recognizing State, the recognized State or its Government possesses all the essential requirements of statehood and it is capable of being a member of the International Community. According to Prof.H.A.Smith :- “ The British practiced shows that three conditions precedent are required for the grant of de jure recognition of a new State or a new Government. The three conditions are as under:- i) A reasonable assurance of stability and performance. ii) The government should command the general support of the population. iii) It should be able and willing to fulfil its international obligations. Further Recognition de jure results from an expressed declaration or from a positive act indicating clearly the intention to grant this recognition such as the establishment of diplomatic relations. According to Phillips Marshall Brown: - “De jure recognition is final and once given cannot be withdrawn, said intention should be declared expressly and the willingness is expressed to establish political relations.” DISTINCTION BETWEEN DE FACTO AND DE JURE RECOGNITION As observed by Prof.G.Schwarznbeer , “De jure recognition is by nature provisional and may be made dependent on conditions with which the new entity has to comply. It differs from de jure recognition in that there is not yet a formal exchange of diplomatic representatives. De jure recognition is complete implying full and normal diplomatic relations.” De facto recognition
- De facto recognition is conditional and Provisional.
- If the conditions are not
fulfilled by the concerned state then it is withdrawn.
De jure recognition
De jure recognition is final.
De jure recognition cannot be withdrawn once given it is final.
CONCLUSION
Recognition of any state means, that state become a member of International community and acquires International entity. The state becomes entitled to all rights and special rights as a member of the International community. In the absence of recognition any state cannot establish her diplomatic and political relations with any states and also unable to sign any treaty agreement with any state.
2. Define intervention? Under what circumstances intervention by one state in the affairs of another state considered justified. INTRODUCTION: - Intervention in fact principally prohibited under the provisions of International Law. According to International Law no state has the right to intervene in the affairs of another state for the purpose of maintaining or altering the actual condition of thing. All members shall retrain in their international relations from the threat or use of force, against the territorial integrity or political independence of any state or in any other manner inconsistent with the purposes of the United Nations. So in this way when any state interferes in the internal and external affairs of other state, then as per International Law, it becomes a matter of intervention. DEFINITION OF INTERVENTION: - In simple words intervention means to interfere directly or indirectly by one or more states in the internal or external affairs of another state. Prof.L.Oppenheim : “Intervention is dictatorial interference by a state in the affairs of another state or the purpose of maintaining or altering the actual condition of things. Interference pure and simple is no intervention.” Hans Kelson pointed out that , “International Law does not prohibit intervention in all circumstances. He further says that when one state intervenes in the affairs of another state through force, then as a reaction against this violation International Law permits intervention.” TYPES OF INTERVENTIONS:- It can be accessed from the above view of different Jurists regarding types of intervention that there are so many types of Interventions. However some of them are as under:-
- Military interference: It is done with military force.2. Political Interference: is done by giving threatening information.3. Dictatorial Interference: Is done in threatening tone.4. Interference without right: It is done without any purpose & right. 5. Internal Interference: is done in interfering in the internal affairs. 6. External Interference: It is also done in interfering in external affairs. 7. Penal Intervention; 8. Subversive Intervention: is done by another state through exciting the people against the state.9. Economic Intervention: is done by creating obstacles in the trade. BASES OF INTERVENTION: - It is very much pertinent to mention here that what is the basis of doing of intervention and what type of interventions are valid under UNO Charter. However the following have been considered as the main basis of intervention:-
i. On the basis of self defence ii) On the basis of humanity iii) for application of treaty rights iv) to stop illegal intervention v) to maintain balance of power vi) to protect individuals and their property vii) collective intervention viii) to protect International Law ix) at the time internal war. All above basis of intervention have been recognised by the UNO except the followings :- i) for application of treaty rights. ii) to stop illegal intervention iii) to maintain balance of power IV) to protect individuals and their property. V) to protect International Law. Despite all these the following types of intervention are in use and recognised:- i) Intervention for self defence and self protection : - Self defence and self protection is main traditional basis of intervention. The intervention for self defence is rather limited as compared to that self protection. Oppenhein says that the use of power of intervention should have been made when it becomes necessary for self protection.” A famous case, The Caroline-1841: In this case Mr. Webste r declared that the necessity of self defence should be instant overwhelming and leaving no choice of means and no moment for deliberation. Art. 51 of UN Charter provide that the right of intervention is still available. Under this the state has the right to individual and collectively protection. But this right is available only when: - i. There has been attack on any state. ii) No step has been taken by the Security Council for international peace and security.
1. Intervention on the basis of humanity :- Every person on this earth has a right to live with human dignity. The state cannot devoid her of this right. It the state behaves her citizens with cruelty then it is violation of International Law of human rights. The action for intervention by UNO can be taken only in case when the degree of violation of human rights is such that if created danger for maintenance of International peace and security. The best example of such intervention is by UNO in 1991 in Iraq for the protection of Kurds.
- Collective Intervention :- In Chapter 7 of UNO Charter the Security Council is empowered to take action of collective intervention. The collective intervention means just and legal base of Modern times. UNO can intervene for maintenance of world peace and security and to stop or avoid attack on the following conditions:- i) When there is actual danger or possibility of danger for international peace and security. ii) Actual attack has been made by the concerned state. The use of such right was made by UNO in Korea in 1950, Kango in 1961 and Iraq in 1991. 3. Intervention in case of internal war :- When in any state there is possibilities of Internal war, the intervention is considered as legal and just basis because there are strong apprehensions of breach of International peace. Under this situation the Security Council can decision to take collective action under Chapter 7 of UNO Charter. The action taken by UNO in 1961 in Kango is the best example of intervention. This action
