International Context

About this unit

This unit introduces international law – the rules that govern relations between states and, increasingly, international organisations and individuals. It covers the sources of international law, the major international institutions including those protecting human rights, the relationship between international law and India's domestic (municipal) law, and the ways international disputes are settled through bodies such as the International Court of Justice and the International Criminal Court.

Key ideas

• Article 38(1) of the ICJ Statute lists the sources of international law: treaties, custom, general principles, and judicial decisions and teachings.
• Treaties bind parties under the principle pacta sunt servanda.
• The United Nations, founded in 1945, has six principal organs.
• Monism and dualism explain how international law enters national law; India largely follows dualism for treaties.
• The ICJ settles disputes between states; the ICC tries individuals for the gravest crimes.

How to prepare

Learn the Article 38(1) list in order, the six UN organs, and the differences between the ICJ and ICC. Remember Articles 51(c) and 253 of the Indian Constitution and cases such as Vishaka and Jolly George Varghese.