Category: International Law

Short Essay on the International Law – Peace and security are important for human development and an environment of calm and mutual cooperation has to be developed for peaceful international co-existence.International law is a term given to such laws that are mutually agreed upon by the sovereign nations of the world. However, one feature which is a part of all other laws except International Law is the element of applicability of domestic law.In other words, there is no authority in the world that can enforce International Law the way domestic laws are enforced across the, globe. United Nations is a body constituted primarily to ensure world peace and observance of International Law has stood helpless on numerous occasions, the most recent instance being the Iraq war. Image Source: nationofchange.org ADVERTISEMENTS:…

Obviously the urgent and fundamental needs of the peoples are freedom from war and from fear of war. The first purpose of the United Nations is defined as the maintenance of international peace and security.The organisation is to employ all peaceful means to prevent or remove threats to peace and suppress acts of aggression and other breaches of peace. ADVERTISEMENTS: It is required to adjust or settle in accordance with justice and international law, international disputes and situations which may lead to conflict. To achieve these results, the United Nations was required to take effective measures.The second aim of the United Nations is to adopt means to develop friendly relations among the peoples of all nations so as to cement the ties of international brotherhood. This friendship among nations should…

No foreign rule of limitation shall be a defence to a suit instituted in India on a contract entered into with a foreign country, unless the foreign rule has extinguished the contract (i.e., has extinguished the obligation of the right itself) and parties were domiciled in such country during the prescribed period by such rule.It is a general rule of international law that a contract with reference to its form, validity, interpretation and the rights and liabilities of the parties to it, is governed by the lex loci contracts the law of the place where the contract is made) while all matters of procedure are governed only by lex fori (law of the forum in which the action is brought). Questions of limitation of actions are governed by the lex…

In his practical work a lawyer has to tackle new and difficult problems which might appear to him insoluble without knowledge of jurisprudence that trains the mind into legal ways of thought and enables him to bring to bear on his work that legal acumen which is so essential for his task.A question might arise as to whether on account of lapse of time prescriptive rights have or have not been acquired in respect of a certain property. It will be the province of Jurisprudence to elucidate the meaning or prescription and its relation to ownership and actions.Jurisprudence thus provides a precise and unambiguous terminology, which enables a lawyer to have clear con­ception of the subject. It is only by an understanding of the nature of law and of legal…

The words “valuable security” denote a document, which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not certain legal right. Image Source: bwh-koffer.deIllustration: ADVERTISEMENTS: A writes his name on the back of a bill-of-exchange. As the effect of this endorsement is to transfer of the right to the bill to any person who may become the lawful holder of it, the endorsement is a ‘valuable security’ (Section 30).Elements of valuable security:Valuable security requires certain things which are as follows:(i) Valuable security is a document. ADVERTISEMENTS: (ii) It is such a document whereby any legal right is created, extended, transferred, restricted or extinguished.(iii) It is a document…

The Code applies to all persons who may be guilty of any act or omission contrary to its provisions anywhere in India. Section 2 says that every person shall be liable to punishment under the Code and not otherwise for any act or omission contrary to the provisions thereof which he shall be guilty within India (Section 2). Image Source: keywestbrewfest.comSection 2 of the Code recognises the general principle of criminal jurisdiction over persons with reference to the locality after offence committed by them being within India. The use of the phrase “every person” in Section 2 as contrasted with the use of the phrase “any person” in Section 3 as well as Section 4(2) of the Code is indicative of the idea that to the extent that the guilt…

Trial has not been defined in the Code of Criminal Procedure. In general terms, trial is the examination in a Court of law by judge or jury, of issues presented in the due course of procedure.The issues are generally issues of fact, but may include issues of law as well. The trial seeks to establish the merits of a controversy or the guilt or innocence of the defendant in a criminal prosecution. Image Source: az734552.vo.msecnd.net ADVERTISEMENTS: In fair trial, examination of issues of fact is made in a just and honourable manner in accordance with justice or the rules of law by hearing what the prosecutor and accused has to say in defence of their claim or conduct.As per Section 4 of the Criminal Procedure, all offences under the Indian…