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International Law and Human Rights School Notes

International Law consists of rules governing relations between countries, sourced from treaties, customary law, and judicial decisions. The International Court of Justice resolves disputes and provides advisory opinions, while India incorporates international law into its legal framework. Human Rights are fundamental rights ensuring dignity and freedom, with India protecting these rights through its Constitution and the National Human Rights Commission.

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56 views2 pages

International Law and Human Rights School Notes

International Law consists of rules governing relations between countries, sourced from treaties, customary law, and judicial decisions. The International Court of Justice resolves disputes and provides advisory opinions, while India incorporates international law into its legal framework. Human Rights are fundamental rights ensuring dignity and freedom, with India protecting these rights through its Constitution and the National Human Rights Commission.

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manonmitag22
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International Law & Human Rights – School Notes

What is International Law?


Rules and principles governing relations between countries. Ensures peace, cooperation, and fair
conduct globally.

Sources of International Law


1 Treaties and Conventions (written agreements between countries)

2 Customary International Law (consistent practice accepted as law)

3 General Principles of Law recognized by civilized nations

4 Judicial decisions & writings of legal scholars (secondary source)

International Court of Justice (ICJ)


1 Principal judicial organ of the United Nations

2 Settles disputes between countries

3 Gives advisory opinions

4 Judgments are binding but ICJ has no direct enforcement power

Important Case: North Sea Continental Shelf Case


Clarified that customary law requires consistent state practice + belief that it is legally obligatory
(opinio juris).

International Law & India


1 Article 51: India promotes international peace & respects treaties

2 Article 253: Parliament can make laws to implement treaties

3 Courts use international law unless it conflicts with Indian laws

4 Case: Vishaka v State of Rajasthan – Used CEDAW for women’s safety rules

Human Rights – Basics


Rights guaranteed to every person for dignity, freedom, and equality.

Universal Declaration of Human Rights (UDHR)


1 Adopted in 1948 after World War II
2 Right to life & liberty, equality, dignity, education, and work
3 Not legally binding but basis of global rights laws

Important Human Rights Treaties


1 ICCPR – Civil & political rights

2 ICESCR – Economic, social & cultural rights

3 Convention against Genocide

4 Convention against Racial Discrimination

Non■derogable Rights (cannot be suspended)


1 Right to life
2 Freedom from torture
3 Freedom from slavery

Human Rights in India


1 Fundamental Rights in Constitution protect human rights
2 Article 21: Right to life & dignity
3 Article 32: Right to constitutional remedies (PIL allowed)

National Human Rights Commission (NHRC)


1 Established in 1993

2 Investigates human rights violations

3 Can recommend compensation & action

4 Has powers similar to civil courts

Important Indian Cases


1 Maneka Gandhi v Union of India – Expanded Right to Life
2 Vishaka v State of Rajasthan – Sexual harassment guidelines

Quick Summary
1 International Law = rules between countries

2 Human Rights = dignity & freedom for all

3 India respects international law but follows Constitution first

4 NHRC protects human rights in India

End of Notes ■

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