Name of Institution

Nature of IL
IL is not law Austin Hobbes Holland Jethro brown

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Pub Int Law

Name of Institution

Nature of IL
Prof Satark IL is weak law Present : IL IS LAW BECOUSE STATE RECOGNISE IT

15 May 2013

Pub Int Law

Name of Institution

Nature of IL
IL is not law: lack of Superior political authority Effective legislative machinary Sanctions Executive powers to enforce the decisions ICJ Potent Judiciary Quasi law
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Name of Institution

Nature of IL
IL is not law: criticism applicable only for criminal laws Law of sovereign so sanction is there a. A community b. b. body of rules c. c. common consent of the community..There contents it have

15 May 2013

Pub Int Law

Name of Institution

Nature of IL
IL is a real law Arguments : 1. Not compulsory for law to made by sovereign 2. Sanction is there 3. Laws are based on treaties 4. England common law..common law 5. ICJ decide the dispute
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Name of Institution

Nature of IL
IL is a real law Arguments : 6. Intr. Conferences and conventions also treat as real law 7. Frequent violation ( legality and enforcement)

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Pub Int Law

Name of Institution

Difference: IL and ML
Difference Legislative power Sovereignty Similarity ICJ Security council (peace and security not for enfocement)
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Name of Institution

Difference: PIL & Pvt IL

SN 1 2 3 4
PIL Deals with state Not part of ML Same for all state There is no problem of personal laws PVT IL Deals with individuals Part of municipal law Different at different state If there is foreign element Pvt lL decide which law will applicable

5 6
7

No particular jurisdiction of court Framed by relations of the states

Recognized by state

Decide the court jurisdiction Framed by the legislature of the state

Not so

15 May 2013

Pub Int Law

Name of Institution

Basis of IL
1. theories as to natural law : Grotus, Vattel, Pufrndorf, Christian Thomous 2. Posotivism: source trties, customes, will of the state Bynker shoek, Anzilotti

15 May 2013

Pub Int Law

Name of Institution

Basis of IL
1. 2. 3. 4. 5. 6. Theory of consent:Anzilotti, Triepel Auto limitation theory: Jellinck Pecta sunt servanda: Anzilotti Theory of FR Morality is the basis of law: broyarly Sociological basis: Duguit
Pub Int Law
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15 May 2013

Name of Institution

Thank You
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