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Showing posts with the label Public International Law

UNO & It's Agencies

🌐 The United Nations Organization and its Specialized Agencies: The Architecture of Global Governance I. Introduction: The Legal Foundation of the Post-War Order The  United Nations Organization (UNO) , formally established in 1945 following the devastations of World War II, stands as the most significant institutional structure in Public International Law (PIL).  The UNO is a subject of PIL in its own right, possessing international legal personality.   Its mandate extends beyond simple diplomacy to maintaining global peace, fostering economic and social cooperation, and developing international law. A. The Constitutional Basis The UNO is founded upon the  Charter of the United Nations , a multilateral treaty signed in San Francisco. 5 The Charter is the foundational constitutional instrument of the international community, outlining: The Purposes and Principles of the Organization (Articles 1 and 2). The legal powers and functions of its six principal organs. The ...

Concept of Recognition

🗺️ The Concept of Recognition in Public International Law: Theories and Modes I. Introduction: Defining Recognition and International Personality Recognition  is a formal act in  Public International Law (PIL)  by which an existing State acknowledges the existence of a new State, a new government, or certain specific conditions (like belligerency), and signifies its willingness to treat the recognized entity as a full member or participant in the international community. The core of recognition is tied to  International Legal Personality —the capacity to possess rights and obligations under international law. Without recognition from existing members of the international community, a new entity, even if it fulfills all factual requirements, struggles to enter into diplomatic relations, sign treaties, or enjoy sovereign immunities in foreign courts. The Standard Criteria The factual benchmark for recognizing a State is often drawn from the  Montevideo Convention...

Treaty and Types of Treaties

🤝 The International Treaty: Definition and Differentiated Classifications in PIL I. Introduction: The Foundation of Conventional International Law International treaties are the most formal and explicit source of  Public International Law (PIL) , representing the direct, voluntary consent of sovereign States to undertake mutual obligations.   In a legal system that lacks a centralized legislative body, treaties serve as the primary written source for creating, codifying, and modifying global legal norms. The core legal framework governing the creation, application, and termination of treaties is the  1969 Vienna Convention on the Law of Treaties (VCLT) , which is often referred to as the "treaty on treaties." The Binding Principle The binding nature of every treaty is rooted in the oldest principle of international law:  Pacta Sunt Servanda (agreements must be kept).   As codified in  VCLT Article 26 , this principle ensures the stability and predictabilit...