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Important Concepts of International Law

International Law

Treaty

A ‘treaty’ refers to a formally concluded and ratified agreement between States. This term is commonly used to describe instruments that bind international entities, such as States or organisations, under international law.

Ratify/Ratification

 ‘Ratification’ is the act through which a State indicates its agreement to be legally bound by the terms of a specific treaty. To ratify a treaty, the State first signs it and then fulfils its national legislative requirements, incorporating the treaty into its domestic legislation.

Recognition

State recognition denotes the decision of a sovereign state to acknowledge another entity as a sovereign state as well. Recognition can be either explicitly stated or implied and is usually retroactive in its effects. It does not necessarily imply a desire to establish or maintain diplomatic relations.

Extradition

Extradition occurs when a person is surrendered by one country’s government to the jurisdiction of another country that requests this surrender. The requesting country has the authority to prosecute the individual based on its criminal law, provided that the crime was committed within its borders. 

In most cases, extradition requests are governed by bilateral or multilateral extradition treaties between the two concerned countries. If there is no applicable extradition treaty, the concerned individual may not be extradited.

Exclusive Economic Zone (EEZ)

The Exclusive Economic Zone is a maritime zone that exists adjacent to the territorial sea of a coastal state and may extend up to 200 nautical miles from the baselines used to measure the breadth of the territorial sea. Within this zone, the coastal state possesses special sovereign rights and jurisdiction for various purposes.

These rights include the authority to explore, exploit, conserve and manage the natural resources found in the seabed, subsoil and the waters below the surface. These resources encompass both living organisms, such as fish and other marine life, as well as non-living resources like minerals and oil reserves.

Furthermore, the coastal state has the right to engage in economic activities and exploration within the EEZ. This allows the state to utilise the zone’s resources for economic gain and development. However, it’s important to note that the EEZ does not grant sovereignty over the zone itself, only the rights and jurisdiction specified within it. Other states and international entities enjoy the freedom of navigation and overflight in the EEZ, as well as the freedom to conduct scientific research and marine-related activities in accordance with international law.

International Court of Justice (ICJ)

The International Court of Justice is a judicial body that resolves disputes between nations concerning matters of Public International Law. It is located in The Hague, Netherlands. The ICJ is the successor to the Permanent Court of International Justice (PCIJ).

International Criminal Court (ICC)

The International Criminal Court is a permanent institution established to handle cases related to International Criminal Law. It serves as a successor to several international criminal tribunals, including the Nuremberg War Crimes Tribunal, the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). 

The ICC’s primary function is to adjudicate and try individuals accused of committing four major types of crimes: Genocide, War Crimes, Crimes against Humanity and the crime of aggression (which has been under the ICC’s jurisdiction since 2017).

Note: Access complete CLAT Legal Reasoning notes here.


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