Public International Law (introduction)

Public international law is a law, including the legal rights, duties, and powers, governing the behavior of sovereign states to each others . One of the most challenging and important questions concerning public international law is one that has been continually raised, but not so far conclusively answer to general satisfaction, does public international law actually exist? If it is really exist, then what is the proof or there is any sources described about public international law?

The sources of public international law are described in Article 38 of the Statute of the International Court of Justice as follows:

Article 38. 1. The court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

(a) International conventions, whether general or particular, establishing rules expressly recognized by the contesting States
(b) International custom, as evidence of a general practice accepted as law
(c) The general principals of law recognized by civilized nations
(d) Subject to the provision of Article 59, (which states, ‘The decision of the court has no binding force except between the parties and in respect of the particular case’), judicial decision of the various nations, as subsidiary means for the determination of rules of law.

In Oxford Dictionary of Law 6th Edition, United Nation (UN) means, an International Organization, based in New York and Geneva, set up by the United Nations Charter in 1945 to replace the League of Nations. The main aims of the UN are, to maintain international peace and security and to bring about settlement of international disputes by peaceful means and also to develop friendly relations among nations. Moreover, the aim of the UN is to archive international cooperation in solving international problems of an economic or cultural nature and in promoting respect for human rights.
General assembly is one of the systems under United Nations system. The General Assembly is the only principle organ which is composed of all the members of the United Nations under Article 9 of the Charter of the United Nations.
According to Article 10, ‘The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 12, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters .
Decision in the General Assembly are made by a two-thirds majority of those present in voting for important question and simple majority for others matters. Important questions are listed in Article 18 (2), but the enumeration is not exhaustive. The vote in the General Assembly can be by ‘acclamation’ or by show of hands or, if demanded, by roll-call; secret ballots are also used in certain cases, notably for elections. In practice, many decisions were taken by ‘consensus’, without formal voting.
The Charter sets out certain fundamental principles, which include the undertaking to refrain from using or threatening forces against the territory or political independence of any state. The Charter established six principal organs, of which the most importance is the General Assembly, The Security Council, The Economic and social Council, and The International Court of Justice. The General Assembly is the debating forum of the UN, consisting of all member states; it can pass resolutions, but this are not legally binding upon member states. The Security Council has five permanent members (China, France, Russia, the UK and the USA), and ten temporary members elected for two year periods. Its resolution are binding on members states, but each permanent member has right to veto a resolution. It is empowered, under certain conditions, to make recommendations and take measures to maintain the peace, including establishment of peacekeeping military forces in sensitive areas.
Declaration can be defined as ‘solemn statement by a government or a group of government, in the UN the term is usually applied to a statement of principle annexed to a resolution . According to Ian Brownlie, the law-making role of organizations is considered further in Chapter 31, section 10. In general these resolutions are not binding on member states, but, when they are concerned with general norms of international law, then acceptance by a majority vote constitutes evidence of the opinions of the governments in the widest forum for the expression of such opinions. Even when they are framed as general principles, resolutions of this kind provide a basis for the progressive development of the law and the speedy consolidation of customary rules. In some cases a resolution may have direct legal effect as an authoritative interpretation and application of the principles of the charter.
In general each individual resolution must be assessed in the light of all the circumstances and also by reference to other evidence of the opinions of states on the point in issue . The concerning by United Nation about pollution had been developing year by year. If in 1992, the UN General Assembly adopted a Declaration Condemning the Pollution of the Oceans by Dumping Waste or Other Means, but in 2003, A new international treaty under which companies will be required to publicly disclose information on their output of pollutants will be adopted and signed at the Fifth Ministerial Conference 'Environment for Europe' in Kiev, Ukraine . This is a good development in United Nation about the prevention of the pollution of the oceans.
Meanwhile, the International Court of Justice is a court at The Hague, consisting of 15 judges elected for 9-year terms of office, that has power to determine disputes relating to Court of International Justice, and all members of the UN are automatically parties to proceedings unless it has accepted its jurisdiction, either by agreement in a particular dispute with another state accepting the general jurisdiction to the Court. The Court may also give advisory opinions, which is not bind the parties but are of great persuasive authority .-:>