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DEFINITON OF PIL - Coggle Diagram
DEFINITON OF PIL
Until the WW2, 'PIL' defined as - law governing the relations between States.
J.L. Brierly: Law of Nations/Ir. Law - body of rules & principles of action, binding upon civilized states in their relations with 1 another.
Torsten Gihl: Body of rules of law, applies within Ir. Community / Society of States
Queen v. Keyn (1876): Law of nations - collection of usages, civilized States have agreed to observe in dealings with another.
MODERN DEFINITION
a) Oppenheim
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Ir. organisations and to some extent, individual may be subjects of rights conferred & duties imposed by Ir. law.
b) Von Glahn
A body of PRINCIPLE, CUSTOMS & RULES recognised as effectively binding obligations by sovereign States
c) Starke
Body of law - composed for its greater part of the principles and rules of conduct which States feel bound to observe in their relations with other.
i. Rules of law - relating to - function of ir. institutions / organisations, - relations with each other & between states and individuals
ii. Certain rules of law - relating to individuals & non-state entities (for as long as the rights or duties of them are the concern of the ir. community)
CONCLUSION
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b) Legal rules - the functioning of ir. organizations, their relations with others and relations between States and individuals;
c) Legal rules - individuals & non-state entities as long as rights & duties of these subjects are in the concern of the ir. community