Aqeel Ahmad

  State succession      State succession refers to the merging of two or more States. It is different from government succession in the sense that in government succession there’s a change of government whereas in State succession the State loses control over its partial or whole territory.  Art 2(1)(b)  of the Vienna Convention on the succession of States in respect of treaties in 1978 defines the term State succession as ‘the replacement of one State by another in the responsibility for the international relations of territory’. In essence, it deals with the succession of one state with another and the transfer of rights and obligations. This concept has assumed greater importance since World War II owing to its effects on the legal obligations of the States.  Circumstances of State Succession      State succession can arise in a number of defined circumstances, which mirror the ways in which political sovereignty may be acquired. They...

  Relationship between International Law and Municipal Law Law is the element of the society which helps to develop a framework within which rights and duties can be established. World order today requires a method whereby interstate relations could be conducted, and International law fills this gap. The United Nations developed this body of International law for the purpose of promoting international peace and security. Countries come together to make binding rules that they believe benefit their citizens. International laws promote peace, justice, common interests and trade. States work together to strengthen International law because it plays an important role in society. It is directly and strongly influenced, although not made, by the writings of jurists and publicists, instructions to diplomatic agents, by important conventions even when they are not ratified, and by arbitral awards. Theories on the relationship between International law and Municipal law The two principal th...

  Recognition of States      Under International Law, recognition of a State can be defined as: A state acknowledgment or acceptance as an international personality by the existing State of the international community. The declaration to fulfill certain essential conditions of Statehood as required by International Law. Essentials of Recognition of a State Population; Territory; Government; Sovereignty; Control should tend towards permanency. If these conditions are fulfilled, then the State can be recognized. Kelson’s view on the recognition of states For a state to be recognized the following conditions must be fulfilled- Must be politically organised. Have control over definite territory. Must be permanent. Must be independent. Process of Recognition State is not only an institution with international legal standing but they are the primary subjects of International Law and possess the greatest range of rights and obligations. Mixture of fact and law and the estab...

  Definition and concept of International Law            Every society, irrespective of its population, makes a legal framework (law) under which it functions and develops. It is permissive in nature as it allows individuals to form legal relations with rights and duties and restrictive in nature as it punishes the wrong-doers. These laws are referred to as Municipal laws. The world today requires a framework through which interstate relations can be developed. International Laws fill the gap for this. The term ‘International law’, also referred to as Laws of Nations was first coined by Jeramy Bentham in 1780. Every country is referred to as ‘state’ in International Law. Meaning      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.  Internati...