MODULE 01:

The original name of ‘international law’ was “law of nations.” In 1789 a famous
jurist “Jeremy Bentham” of England name it as “international law.”
MEANING:
International law is a set of rules, norms, and principles that govern the interactions and
relations between states and other international actors, such as international organizations
and, in some cases, individuals. Its purpose is to maintain order, promote justice, and
provide mechanisms for resolving disputes on the global stage. International law covers
various domains, including human rights, trade, the environment, the use of force, and
diplomacy.
DEFINITIONS:

International Law regulates the relations between or among states. States and only states are subjects
of International Law

 Oppenheim’s Definition: “Law of Nations or International Law is “the name for the body of
customary and conventional rules which are considered legally binding by civilized states in
their inter Course with each other.”

 J. Coleridge’s defined international law as “the law of nations is the collection of

usages which civilized States have agreed to observe in their dealings with
one another.”

 Gray: International Law or the law of nations is the name of a body of rules
which according to the usual definitions regulate the conduct of States in their
intercourse with each other.

 Fenwick: International law may be defined in broad terms as the body of

general principles and specific rules which are binding upon the members of
the international community in their mutual relations.

 Whiteman: International law is the standard of conduct, at a given time, for

States and other entities subject thereto.

 Schwarzenberger: International law is the body of legal rules which apply

between sovereign States and such other entities as have been granted
international personality.
THEORIES OF INTERNATIONAL LAW:

1. Natural Law Theory

Natural law theory is one of the oldest foundations of international law, asserting that certain
principles of law are inherent, universal, and can be derived from human nature, reason, or
morality. According to this theory:

 Basis: Natural law is based on moral principles that are universally applicable to all
human beings, irrespective of cultural or legal differences.
 Application in International Law: Natural law theorists argue that certain
principles, such as respect for sovereignty, non-interference, and fundamental human
rights, are part of a higher moral order that exists regardless of whether states
formally agree to them.
 Critique: Natural law is sometimes criticized for lacking a clear, enforceable basis, as it relies
heavily on abstract concepts of justice and morality rather than codified rules.

2. Positive Law Theory

In contrast to natural law, positive law theory posits that law is created through explicit
agreements and practices among states, not derived from morality or natural order. In the
context of international law:

 Basis: Positive law is based on human-made agreements (such as treaties) and

customary practices that states recognize as binding.
 Application in International Law: According to this theory, international law
consists of rules that states have formally consented to, either through treaties or by
recognizing customary practices as legally binding.
 Historical Context: Positive law became prominent in the 19th century, particularly
with the rise of legal positivism. Scholars like John Austin argued that law is valid
only if it has been laid down by a sovereign authority or agreed upon by states.
 Critique: Positive law theory is sometimes seen as too narrow because it relies solely
on the explicit consent of states, potentially excluding norms that have broad moral
importance or are universally recognized.

3. Grotius' Theory

Hugo Grotius, a 17th-century Dutch jurist, is often considered the "father of international
law" for developing a theory that blended natural and positive law elements:

 Basis: Grotius' theory emphasizes that international law is rooted in both natural law
(universal principles of justice) and the consent of states (through treaties and
custom).
 Application in International Law: Grotius argued that there are universal moral
laws governing state conduct, such as the laws of war and peace, but he also
recognized that states can create binding obligations through their consent. He was
one of the first to argue that international law exists independently of religious or
political authority.
4. Consent Theory

Consent theory is a cornerstone of modern international law, based on the principle that states
are bound by international law only to the extent that they have consented to it:

 Basis: This theory holds that states are sovereign entities and are therefore only bound
by international laws they have explicitly accepted through treaties, agreements, or
customary practices.
 Application in International Law: Consent theory is essential to the structure of
international law, as it upholds state sovereignty while recognizing that states may
enter binding agreements. For example, treaty law depends on the consent of states, as
does customary law, which emerges from consistent state practice combined with a
belief in the legal obligation (opinio juris).
 Critique: While widely accepted, consent theory can be seen as problematic because it
implies that states can opt out of or ignore certain norms if they have not consented to
them, potentially weakening the universality and enforceability of international law.

CODIFICATION OF INTERNATIONAL LAW AND INTERNATIONAL

LAW COMMISSION:

International law has evolved over centuries, reflecting changes in state practices, global
interactions, and international relations. The codification of international law involves
transforming these customary practices and unwritten norms into formal, systematic legal
instruments. This process helps provide clarity, stability, and predictability in international
relations. The International Law Commission (ILC), established in 1947 by the United
Nations General Assembly, plays a pivotal role in this codification process, shaping the
development of international law through both codification and the progressive development
of new legal rules.

The Codification of International Law

Codification refers to organizing and systematizing existing customary international law into
written documents. Historically, international law has been grounded in unwritten norms
derived from state practice, treaties, and customary interactions. By codifying these norms,
the ILC has made them more accessible and precise, thus promoting consistency and
certainty in global affairs. Codified laws serve as a reference for states and international
organizations, reducing ambiguities that could lead to disputes.

The purpose of codification is threefold:

1. Clarity and Predictability: Written laws provide clear standards for states to follow,
promoting stable and predictable international relations.

2. Stability: By reducing uncertainty, codification minimizes potential conflicts between

states.

3. Accessibility: Codified laws are easier to understand and apply, enabling better compliance
with international standards.

Examples of successful codification include the Vienna Convention on the Law of Treaties
(1969) and the Vienna Convention on Diplomatic Relations (1961), both of which are widely
recognized and applied in modern international relations.

The Role of the International Law Commission (ILC)

The ILC was established with a dual mandate: to codify existing international law and to
engage in the progressive development of new legal frameworks. These functions are
essential to the evolution of international law, especially as global challenges continue to
emerge.

1. Codification: The ILC drafts conventions and treaties that organize existing customary
international law. These codified instruments are essential for creating a coherent legal
system that states can follow. For instance, the Vienna Convention on the Law of Treaties is
one of the most recognized examples of codification that governs treaty-making,
interpretation, and enforcement.

2. Progressive Development: The ILC also addresses gaps in the current legal framework by
proposing new rules that reflect changing international dynamics. An example is its work on
State Responsibility, where the ILC developed draft articles that, although not formalized as a
treaty, are widely considered part of customary international law and are frequently cited by
courts and tribunals.
Structure and Functioning of the ILC

The ILC comprises 34 legal experts elected by the UN General Assembly, representing
different regions and legal traditions. These members work on topics ranging from treaty law
to state responsibility and environmental law. The commission works through plenary
sessions, smaller working groups, and the leadership of special rapporteurs who prepare
reports and draft articles.

The drafting process involves detailed deliberation, with the ILC adopting texts in two stages:
a provisional draft and a final draft after considering feedback from states. Commentaries
provided by the ILC offer valuable insights into the context and interpretation of the drafted
articles, aiding courts and states in applying international law.

Key Contributions and Achievements of the International Law Commission (ILC)

The International Law Commission (ILC) has made significant contributions to the
development and refinement of international law through the codification of existing norms
and the progressive development of new legal frameworks. Its work has led to the creation of
several key legal instruments that have shaped international relations and legal processes
across a wide range of fields. Below are the ILC’s most important contributions and
achievements, based on the provided documents:

1. 1958 Geneva Conventions on the Law of the Sea

One of the ILC’s earliest achievements was its contribution to the 1958 Geneva Conventions
on the Law of the Sea. These conventions laid the foundation for modern maritime law,
addressing issues such as territorial waters, the continental shelf, and the high seas. This work
was a precursor to the more comprehensive 1982 United Nations Convention on the Law of
the Sea (UNCLOS), which remains a critical instrument governing maritime activities today.
2. Vienna Convention on the Law of Treaties (1969)

The Vienna Convention on the Law of Treaties (1969) is perhaps the ILC’s most well-known
and influential codification effort. This convention formalized the rules governing the
creation, interpretation, and termination of treaties, which are the primary instruments of
international relations. The convention covers key issues such as treaty interpretation,
invalidity, suspension, and termination. While only 116 states have ratified it, the Vienna
Convention’s principles are widely regarded as reflecting customary international law and are
frequently cited by international courts and tribunals.

3. Draft Articles on State Responsibility for Internationally Wrongful Acts (2001)

Another major contribution is the Draft Articles on State Responsibility for Internationally
Wrongful Acts (2001). These articles codify the principles governing the responsibility of
states for breaches of international obligations. They address critical concepts such as
reparation, countermeasures, and the obligations of states to avoid causing harm to other
states. While these draft articles have not yet been formalized into a binding treaty, they are
widely regarded as reflecting customary international law and have been frequently
referenced by international courts, such as the International Court of Justice (ICJ).

4. Environmental Law and Shared Natural Resources

The ILC has also made significant strides in the area of environmental law, particularly
concerning the management of shared natural resources. Its work on issues such as
transboundary watercourses and international aquifers has contributed to the development of
legal frameworks that promote cooperation between states in managing shared environmental
resources. These efforts are essential for addressing global environmental challenges and
preventing disputes over resources that cross international borders.

In addition, the ILC has been involved in addressing environmental damage caused by states,
particularly in the context of armed conflict. Its ongoing work on the protection of the
environment during armed conflict reflects the growing importance of environmental
considerations in international law.
5. Law of the Sea and Maritime Law

Beyond the 1958 Geneva Conventions, the ILC’s work on maritime law continued to
influence the development of the United Nations Convention on the Law of the Sea
(UNCLOS) in 1982. This treaty is one of the most comprehensive legal frameworks
governing the use of the world’s oceans, covering territorial rights, economic zones, and
navigation rights. The ILC’s foundational work on maritime law helped shape UNCLOS,
which today serves as a critical guide for resolving disputes related to maritime boundaries
and ocean resources.

6. State Immunity and Diplomatic Relations

The ILC’s work also extends to issues of state immunity and diplomatic relations, particularly
in the context of codifying rules that govern how states interact with each other in formal
diplomatic settings. The Vienna Convention on Diplomatic Relations (1961), which codified
the principles of diplomatic immunity, stands as another example of the ILC’s impact on
shaping the conduct of international relations.

7. Crimes Against Humanity

In recent years, the ILC has addressed pressing contemporary issues such as crimes against
humanity. The commission has been working on a draft convention aimed at preventing and
punishing crimes against humanity, addressing the legal gaps left by the lack of a
comprehensive international treaty in this area. This work is particularly important given the
ongoing challenges posed by international crimes and the need for stronger legal frameworks
to hold perpetrators accountable.

Challenges and the Future of the ILC

Despite its achievements, the ILC faces several challenges, including geopolitical dynamics
and the slow pace of codification. Some topics, such as State Responsibility, remain
unconverted into binding treaties, even though they are highly influential. Furthermore,
differing views on the balance between codification and progressive development, along with
varying levels of engagement from states, often slow down the process of treaty adoption.
Another challenge is the interpretation of the ILC’s work by courts and states. The
International Court of Justice (ICJ), for example, has been criticized for relying on early
drafts from the ILC, even when these drafts were not finalized.

To maintain its relevance, the ILC must continue addressing contemporary challenges such as
climate change, cybersecurity, and environmental protection. The commission has already
started engaging with new issues, such as the legal implications of sea level rise and the
protection of the environment during armed conflict.
MODULE 02: SOURCES OF INTERNATIONAL LAWS

In public international law, sources are the legal bases from which rules and principles
governing international relations are derived. They establish the framework for binding
obligations and offer a structured system for resolving disputes, enforcing norms, and
promoting international cooperation. Article 38 of the Statute of the International Court of
Justice (ICJ) is widely recognized as the most authoritative listing of the main sources of
international law.

Sources include:

1. international treaties and conventions

2. international customs
3. general principles of law recognized by civilized nations
4. judicial decisions of international and national courts
5. juristic opinion

1. Treaties (Conventions and Agreements)

Treaties are formal, written agreements between two or more states or international entities.
They are the most explicit and codified source of international law and create binding
obligations for the parties involved.

 Types of Treaties: Treaties can be bilateral (between two parties) or multilateral

(involving multiple parties). Some multilateral treaties, like the United Nations
Charter or the Geneva Conventions, are nearly universal and form a cornerstone of the
international legal system.
 Formation and Binding Nature: Treaties are created through negotiations, followed
by formal consent to be bound by the signing and ratification process (to show their
consent to a binding treaty). Once ratified, treaties impose legally binding obligations
on the parties, and they are expected to adhere to the terms under the principle of
pacta sunt servanda (agreements must be kept).
 Role in International Law: Treaties can address a vast range of topics, including
human rights, trade, environmental protection, and the law of the sea. They are
particularly important in areas where clear, codified rules are essential for
coordination between states.
 Examples:

1. The Treaty on the Non-Proliferation of nuclear weapons (NPT)

2. The Paris Agreement on climate change

3. The United Nations Convention on the Law of the Sea (UNCLOS).

 Hierarchy of Treaties: Generally, all treaties have equal standing in international

law, although certain treaties, like the UN Charter, are given special importance as
"foundational" documents that govern aspects of international relations.
2. Customary International Law

Customary international law consists of practices and norms that have evolved over time and
are generally accepted as legally binding, even if they are not codified in written agreements.
Customary law develops from state practices that are consistently followed due to a sense of
legal obligation.

 Element: Opinio Juris: A belief among states that the practice is legally obligatory,
not merely habitual or based on convenience.

 Binding Nature: Customary international law is binding on all states, even those that
have not explicitly consented, unless they have persistently objected to the rule while
it was developing (the "persistent objector" principle).
 Role in International Law: Customary law is crucial for filling gaps where treaties
may not exist and for binding states that have not ratified specific treaties. It covers
fundamental principles like the prohibition of genocide, the principle of non-
aggression, and diplomatic immunity.
 Examples: The prohibition on the use of force (except in self-defence), the principle
of state sovereignty, and the protection of civilian populations in times of conflict

3. General Principles of Law Recognized by Civilized Nations

General principles of law are fundamental legal principles that are commonly recognized
across national legal systems and can be applied in the international sphere.

 Basis: These principles are derived from domestic legal systems and are considered
part of international law because they reflect common legal reasoning and fairness.
 Application: General principles are applied by international courts and tribunals to
address issues where no specific treaty or customary law exists. They serve as a "gap-
filler" in international law, helping to ensure justice and consistency across cases.
 Examples:
1. Principles such as res judicata (the matter has already been judged)
2. pacta sunt servanda (agreements must be kept)
3. lex specialis derogat legi generali (specific law overrides general law) are
frequently cited as general principles in international law.
4. Estopple
 Role in International Law: General principles help international courts, such as the
ICJ, develop a coherent body of law and fill gaps where neither treaties nor customary
law provide guidance.
 4. Judicial Decisions

These are not primary sources of international law but are considered authoritative aids that
help clarify and interpret the law. They are considered "subsidiary" sources under Article
38(1)(d) of the ICJ Statute.

 Judicial Decisions:
o Decisions of international courts (e.g., the International Court of Justice,
International Criminal Court, and regional human rights courts) serve as
persuasive precedents.
o While judicial decisions do not create binding rules for all states, they provide
guidance on interpreting and applying international law, and they influence
subsequent cases and state practice.
o Example: ICJ rulings on boundary disputes or the legality of the use of force
have shaped the understanding of international legal norms.

Juristic opinion (also known as doctrinal writings or writings of publicists) is a recognized

subsidiary source of international law that refers to the writings, analyses, and interpretations of
legal scholars, jurists, and experts on international law. These opinions do not create binding
rules but help clarify, interpret, and influence the development of international legal norms.

Essential role of juristic opinion

1. Clarification of legal norms

2. Influence on judicial decision making
3. Development in customary law
4. Provides guidance in unsettled areas
5. Filling gaps in international laws.

 Resolutions and Declarations of International Organizations: Although non-binding,

resolutions from bodies like the United Nations General Assembly can contribute to the
development of international norms, especially when they are widely accepted or reaffirm
existing customary law.
MODULE 03: RELATIONSHIP BETWEEN INTERNATIONAL LAW AND
MUNICIPAL LAW
What is Municipal Law?
Municipal law, also known as domestic law, refers to the body of law that governs the
internal affairs of a specific country or state. It encompasses laws, regulations and legal
principles that apply within the territory of the state, regulating interactions between
individuals and entities within the state, as well as between individuals and the state itself.
Municipal law covers a wide range of legal areas, including criminal law, civil
law, administrative law and constitutional law, among others. It is enforced by the state’s
legal system, with courts interpreting and applying the law in accordance with established
procedures and principles.

What is International Law?

International law is the body of rules and principles that govern the relationships and interactions
between states and other international actors. It is concerned with issues that transcend national
boundaries, such as diplomacy, trade, human rights, and the environment.
International law is based on agreements and treaties between states, as well as customary practices
that have evolved over time. It is enforced through diplomatic means, international organisations, and,
in some cases, the International Court of Justice

Theories on the Relationship between International Law and Municipal Law:

 Monism: (monistic theory)

 Principle: Monist theory asserts that international law and municipal law are part of a
single, unified legal system. Monists believe that international law does not require
any special transformation to become part of domestic law and is automatically
applicable.
 Application: In monist states, international law, particularly customary international
law and treaties, is directly applicable without requiring domestic legislation. If there
is a conflict between domestic law and international law, monists often hold that
international law should prevail.
 Example: In countries with a monist approach, like the Netherlands or France,
international treaties are automatically part of national law upon ratification, and
individuals can directly invoke international legal rights in domestic courts.

 Dualism

 Principle: Dualist theory treats international law and municipal law as two separate
legal systems. Under this approach, international law is not automatically applicable
within the domestic legal system and must be explicitly "transformed" into national
law through legislation.
 Application: In dualist states, international treaties and customary rules must be
incorporated into domestic law through a formal legislative process before they can
affect individuals or be enforced by domestic courts.
  Example: The United Kingdom follows a dualist approach; treaties ratified by the UK
government do not automatically become part of UK law. Instead, they require
separate enabling legislation by Parliament to have domestic effect.

o Theory of transformation:

The Theory of Transformation in international law is a perspective on how

international law is incorporated into a state's municipal (domestic) legal system.
According to this theory, international legal obligations must be "transformed" into
domestic law to have effect within a state.

1. Separate Legal Systems: The theory assumes that international law and domestic
law are distinct, independent legal systems. As such, international law cannot
automatically apply within the domestic sphere.
2. Necessity of Legislative Action: International treaties and customary norms need to
be formally adopted into domestic law through specific legislative or governmental
actions. Without such transformation, they are not legally enforceable at the
domestic level.
3. Role of National Sovereignty: The transformation theory respects state sovereignty
by emphasizing that states have the authority to determine how and when
international law is implemented domestically. States retain control over which
international obligations become part of their legal system.
4. Dualist Approach: This theory aligns with the dualist approach in international law,
which argues for a clear separation between international and municipal law. Under
dualism, transformation is necessary to bridge the gap between the two systems.
5. Example of Treaties: In countries that follow the transformation theory, international
treaties signed by the government do not automatically become part of domestic
law; instead, they require an act of Parliament or a similar legislative process.

Theory of delegation:

This theory is evolved with the criticism of the previous theory and the critics of transformation
theory, monists have brought forward this theory that each state or sovereign has complete right
constituted by international law called “constitutional rules of international law or treaty” which
permits the states or sovereigns to adapt the extend of international law applicable in the state.
Meaning the states can decide when and to hat extend international la are to be implemented in the
state and on their people depending upon its incorporation in the municipal law.

o The Monists support this theory.

o According to this theory international law will apply to municipal law without any specific
delegation.
o According to this theory there is no transformation of international law into municipal law.
o The process of creation of municipal law is prolongation of one single act of creation i.e.
creation of international norms.
o The theory, therefore, attaches primacy to international law over municipal law
 Specific adoption theory:
The Specific Adoption Theory (also known as the Adoption Doctrine) in international law is
a principle within the dualism framework that deals with how international law is
incorporated into a state’s domestic legal system. According to this theory, international rules
or obligations do not automatically become part of domestic law; rather, they require a
specific act of adoption or "transformation" by the domestic legal system before they can
take effect within a state's borders.
Theory of specific adoption was made applicable to Vienna convention 1972 and Tokyo
convention of 1975.
 MODULE 04: SUBJECTS OF INTERNATIONAL LAW

DEFINITION AND MEANING OF STATE:

Article 1 of the Montevideo Convention on the Rights and Duties of States defines a state as
a person of international law that has the following qualifications:

• A permanent population

• A defined territory

• A government

KINDS OF DIFFERENT STATES IN INTERNATIONAL LAW:’

1. Sovereign states:
means supreme authority or such states which are not under the domination of
other states in international law. They are independent states or we can say
they work freely and not under any state or without the interventions of others.
Such states enjoy two types of freedom that is freedom of internal and external
affairs. In the context of international laws, the states are independent and free
up to an extent that they act within the boundaries of the international relations
determined by the international laws.

2. Semi-sovereign states:
Semi-sovereign states in international law are political entities that possess certain
elements of sovereignty but lack full independence or complete sovereign powers.
These entities, also referred to as quasi-sovereign, partially sovereign, or dependent
states, are usually subject to limitations on their sovereignty due to legal or political
arrangements with other states. These limitations may affect their ability to conduct
foreign relations, exercise complete control over their territory, or make decisions free
from external oversight.

Characteristics of semi sovereign states:

1. Restricted sovereignty
2. Dependence on another state
3. Limited international recognition
4. International legal status
3. Protectorate:
Such states come into existence when they, under some treaty, surrender
themselves under the protection of some powerful states. Such states are not
fully sovereign states but they enjoy certain immunities. Such states, though
fully not sovereign but are free to perform all such functions and enjoy rights
which have not been surrendered by them.

4. Vassal: there are such states which are dominated by other states. At
international level, such states have got no importance because their freedom
is controlled by other states. Their foreign affairs are settled by other states.
 5. Trust territories: Trust territories are also known as trustee territories. They are
not sovereign States, but power of sovereignty is exercised over them by
executive officers. Under this category, such territories were kept which were
not so developed that they can be made independent. Therefore, the League of
Nations has decided that such states should be kept under the domination of
others. Later, when U.N.O. came into existence, the trusteeship system was
started and such States were kept under such system.
6. Special types of states: (holy states and neutralized states)
Neutralised state is that state whose independence is collectively accepted by big powers
through some agreement. Neutralised state is permanent in nature.
Vatican City is also known as Holy see'. It is such city state where the Christan religious king
Pope reside. This is very small Sovereign state which is having neutral statue (neutral state).
Vatican City is not a member of United Nations. Conclusively, it can be said that Vatican City
is an international entity and enjoys full sovereignty in international matters.
 MODULE 05: RECOGNITION OF STATES

A new state is born out from an existing State or an old State which
disappeared and comes with a new name or by splitting an existing
State into two States. If a new state enjoys certain rights, privileges,
and obligations then it must get recognition as a state, which is very
essential. However, there are some minimum criteria required
before a State is a State. A State must get the De Jure (when a state
is legally recognized) recognition for considering a State as a
sovereign State.
“In recognizing a state as a member of international community, the
existing states declare that in their opinion the new state fulfils the
conditions off statehood as required by International
law” (Oppenheim).
According to Kelsen
The country to be recognized as an international person must be:-
1. Politically organized
2. Have control over a definite territory.
3. Which tends towards permanence.
4. And must be independent.
Essentials for recognition as a state under
Public International Law
Under the International Law, Article 1 of the Montevideo Conference,
1933 defines the state as a person and lays down following
essentials that an entity should possess in order to acquire
recognition as a state:
 Population;
 Territory;
 Government;
 Sovereignty;
 Control should tend towards permanency.
If these conditions are fulfilled, then the State can be recognized.
Legal effects of state recognition in Public
International Law

1. It acquires the capacity to enter into diplomatic relations with

other states.
2. It acquires the capacity to enter into treaties with other states.
3. The state is able to enjoy the rights and privileges of
international statehood.
4. The state can undergo state succession.
5. With the recognition of state comes the right to sue and to be
sued.
6. The state can become a member of the United Nations
organisation.

Theories of recognition in international law

The recognition of a new entity as a sovereign state is based on two
main theories:
 Consecutive Theory
 Declaratory Theory

1. Constitutive Theory: According to this theory, a state only becomes a

true international legal person with rights and obligations once other
states recognize it. Under this view, recognition is essential to achieving
full legal statehood in the international community.
2. Declaratory Theory: This theory holds that a state’s existence and
sovereignty are independent of recognition by others, if it meets the basic
criteria of statehood under international law, namely a defined territory, a
permanent population, an effective government, and the capacity to enter
relations with other states. Recognition is thus seen as a political act
rather than a legal requirement.

Types of Recognition
1. De Jure Recognition: This is formal, legal recognition of a state’s sovereignty and
status under international law. De jure recognition is more durable and implies full
acceptance of the state’s sovereignty. For example, once a state is recognized de jure,
it can usually engage in diplomatic relations, enter into treaties, and claim rights under
international law.
2. De Facto Recognition: De facto recognition is a provisional acknowledgment of a
state’s existence and control over territory, often limited to practical dealings without
fully recognizing it as a permanent state under international law. This is often used
when there is uncertainty about the stability or legitimacy of the new state’s
government.
Recognition of Insurgency and Belligerency in international law refers to acknowledging
conflicts within a state that involve organized opposition groups. Recognition has specific
implications for how other states and international actors interact with these groups. Here’s a
brief overview:

1. Recognition of Insurgency

 Definition: Insurgency involves an organized group rebelling against the existing

government, typically without control over significant territory.
 Purpose of Recognition: Recognition is limited and acknowledges the group’s
existence without extending full legal status under international law.
 Effects:
o Allows states to remain neutral without violating international obligations.
o Permits limited engagement with the insurgent group, often for humanitarian
reasons.
o Does not confer legal rights or obligations on the insurgents.

2. Recognition of Belligerency

 Definition: Belligerency occurs when an insurgent group gains substantial control

over territory and operates a quasi-government with effective control.
 Purpose of Recognition: Recognizes the group as a legitimate party to the conflict,
similar to a warring state.
 Effects:
o Activates the laws of war and international humanitarian law, obliging both
sides to adhere to rules of armed conflict.
o Enables third-party states to adopt a neutral stance or even engage
diplomatically with the belligerent group.
o May lead to the belligerent’s participation in peace negotiations as a
recognized entity