Comprehensive Overview of Public International Law and Its Key Dimensions

Introduction

Every society, irrespective of its population, makes a legal framework (law) under which it functions and develops. It is permissive in nature as it allows individuals to form legal relations with rights and duties and restrictive in nature as it punishes the wrong-doers. These laws are referred to as Municipal laws. The world today requires a framework through which interstate relations can be developed. International Laws fill the gap for this.

The term ‘International law’, also referred to as Laws of Nations was first coined by Jeramy Bentham in 1780. Every country is referred to as ‘state’ in International Law.

Meaning

The modern international law system is a product of only the past four hundred years bearing witness to the influence of various writers and jurists of sixteen to eighteenth century, who formulated some of its most fundamental principles. 

International laws are a set of rules, agreements and treaties that are binding between countries. Countries come together to make binding rules that they believe will benefit the citizens. It is an independent system of law existing outside the legal framework of a particular state.

What is the aim of International law?

The existence of international law is the result of increased interstate engagement. It mainly aims to maintain international peace and security among different states. It also helps in: 

promotion of friendly relations among the member states (members of the International community, for example, United Nations),

providing for basic humanitarian rights,

to solve International problems through international cooperation, 

to refrain the state from using threat or force over the territory of any other state to provide for right to self-determination to people, and

to use peaceful methods to settle international disputes are few of its functions.

Who are the subjects of International Law?

It is referred to as entities who have a legal personality, with certain rights and duties under the international legal system.

State is considered to be the primary and original subject of international law. However, it also regulates the actions of other entities:

Individuals – Common people of any state are also believed to be the subject of international law.

International Organizations – It is an association of states, established by a treaty between two or more states. International Organizations too have a legal personality and are considered to be the subject of international law. For example, the United Nations.

Multinational Companies – They own and operate their corporate entities in at least one other country aside from the place where it was incorporated, therefore it is established in more than one nation. 

All are considered to be subjects of international law and are enshrined with both rights and duties.

However, in the past, states were the only subjects of the international law but with the increase in the scope of the international law, many other entities like the one discussed above have been given international personality. So now the question arises, whether they may be treated as the subjects of international law and if they are given the international personality, what is the criteria determining their qualification to be the subject of the international law. So there are different theories for determining the same. The most prominent of them are:

Realist Theory

According to this theory, only the Nation/States are considered to be the subject of the international laws. It relies on the principle that it is for the nation/state that the concept of international law came into existence. These nations/states are distinct and separate entities, capable enough to have their own rights, obligations and duties, possessing the capability to maintain their rights under international law. 

Prof. L. Oppenheim being the strong supporter of this theory believes that as the law of nations is primarily a law between the states, to that extent, subjects of the law should be nations only.

However, the theory has been criticized on the fact that it fails to explain the case of slaves and pirates as under international law, slaves have been conferred with some rights, while the pirates are treated as enemies of mankind. 

Fictional Theory 

Supporters of this theory suggest that the subjects of international law are the individuals only and that legal order is for the well-being of the individuals. They firmly believe that the Nation/state are nothing but aggregate of individuals as subjects. 

Prof. Kelsen is the supporter of the theory and believes that the duties of the states are ultimately the duty of the individuals of the states and there is no difference between the international law and municipal law and have been made to be applicable on the individuals only.

Even if the theory of Kelsen appears logically sound, it is seen that the international law’s primary concern is with the rights and duties of the states. 

Functional Theory

Both the Realist and the Fictional Theory take on an extreme course of opinion, but, according to Functional Theory, neither state nor individuals are the only subjects. They both are considered to be the subjects of modern International law as they both have recognized rights, duties and obligations. Along with them, several other entities, like African Union, have been accepted as subjects of international law.

In the present times, individuals have been conferred with certain rights and duties, for example, International Covenant on human rights. Moreover, it is agreed that international organisations are also the subjects of international law. The International Court of Justice held that the United Nation is an international person and is a subject of international law, capable of having rights and duties.

Branches of International Law

Jus Gentium

Referred to as ‘laws of nations’ in Latin, considered to be those set of rules part of those portions of law mutually governing a relationship between two nations and do not form part of a legal code or a statute.

Jus Inter Gentes

Referred to as ‘law between the peoples’, considered to be those agreements and treaties, mutually accepted by both countries.

International Covenant on Economic, Social and Cultural Rights (ICESCR) and Directive Principles of State Policy (Part IV of COI) 

The ICESCR is a multilateral treaty which mainly focuses on social and cultural rights like food, health, education, shelter etc. India ratified this covenant on April 10, 1979. Most of the provisions in this covenant are found in Part IV (DPSPs) of the Indian Constitution.  

Provisions of ICESCR along with corresponding provision of Constitution of India are as follows: 

Brief Description of Provision	ICESCR	COI
Right to work	Article 6(1)	Article 41
Equal Pay for equal work	Article 7(a)(i)	Article 39(d)
Right to living wage and descent standard for life.	Article 7(a)(ii) & (d)	Article 43
Humane conditions of work and maternity leave.	Article 7(b) and 10(2)	Article 42
Faculties and opportunities to children for prevention against exploitation.	Article 10(3)	Article 39(f)
Improving public health and raise level of nutrition and standard of living.	Article 11	Article 47
Compulsory education for children	Article 13(2)(a)	Article 45
Protection of interests of minorities	Article 27	Article 29(1) & 30

Unremunerated Fundamental Rights 

A number of rights that were available in the covenant were not available as fundamental rights at the time of enactment of Constitution. The judicial interpretations have widened the scope of fundamental rights available in the Indian Constitution. 

In the court of A.D.M. Jabalpur v. Shivkant Shukla, the apex court had observed that the law of land does not recognize any natural or common law rights other than specifically provided in the Indian Constitution. 

Later, in the case of Maneka Gandhi v. Union of India, J. Bhagwati observed; “The expression ’personal liberty’ in article 21 is of the widest amplitude and it covers a variety of rights, which go to constitute the personal liberty of man and some of them have been raised to the status of distinct fundamental rights and given additional protection under Article 19. No person can be deprived of his right to go abroad unless there is a law made by the State prescribing the procedure for so depriving him, and the deprivation is effected strictly in accordance with such procedure.”

After the present case, the apex court came up with the “theory of emanation” in order to make fundamental rights active and meaningful. Also, relaxation to the rule of ‘locus standi’ was given by the court. Some of the major judicial interpretations of Fundamental Right are as follows:

Right	Case Law
Right to live with Human Dignity	PUCL & Anr. v. State of Maharstra & Ors.
Right to Clean Air	M.C. Mehta (Taj Trapezium Matter) v. Union of India
Right to Clean Water	M.C. Mehta v. Union of India & Ors
Right to freedom from Noise Pollution	In Re: Noise Pollution
Right to Speedy Trial	Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar
Right to Free Legal Aid	Khatri And Others v. State of Bihar & Ors.
Right to Livelihood	Olga Tellis & Ors. v. Bombay Municipal Corporation
Right to Food	Kishen Patnayak v. State of Odisha
Right to Medical Care	Pt. Parmanand Katara v. Union of India &Ors.
Right to Clean Environment	Rural Litigation And Entitlement Kendra v. State Of U.P. & Ors
Right to Privacy	K .S. Puttaswamy & Anr. v. Union of India & Ors

Conclusion 

Human Rights are the basic rights which form the essential part of his/her development as human being. Constitution acts as a protector of those basic rights as Fundamental Rights and DPSPs. More emphasis has been given to the fundamental rights and they are directly enforceable in the court of law. From a deep study of the Part III and Part IV of the Indian Constitution, it is easily evident that almost all of the rights provided in UDHR (Universal Declaration on Human Rights) are covered in these two parts.

Judiciary has also taken great steps such as relaxing rules of ‘locus standi’ and now any other person in place of the ones affected can approach Court. The apex court has interpreted the Fundamental Rights available to a citizen and now rights like right to privacy, right to clear environment, right to free legal aid, right to fair trail etc. also find place in the Fundamental Rights.

International Labour Organization (ILO) – History

The ILO was established as an agency for the League of Nations following World War I. 

• It was established by the Treaty of Versailles in 1919.
• Its founders had made great strides in social thought and action before the establishment of the organization itself.
• It became the first specialised agency of the United Nations (UN) in the year 1946.
• The ILO has played a significant role in promoting labour and human rights. It had held a significant position during the Great Depression (1930s) for ensuring labour rights.
• It played a key role in the decolonization process and in the victory over apartheid in South Africa.
• The organization got the Nobel Peace Prize in 1969, for its efforts to improve peace amongst the classes, and for promoting justice and fair work for the workers.

International Labour Organization (ILO)

The International Labour Organization (ILO) is a United Nations agency dealing with labour issues, particularly international labour standards, social protection, and work opportunities for all. 

International Labour Organization (ILO) Objective

The ILO is the only tripartite U.N. agency. The ILO is a meeting point for governments, workers and employers of ILO’s member States to set labour standards, improve upon policies and create programs that promote decent work for people. The four strategic objectives at the heart of the Decent Work agenda are:

• To develop and effectuate standards, fundamental principles, and fundamental rights at work.
• To ensure that men and women have equal access to decent work while enhancing opportunities for the same.
• To magnify the coverage and effectiveness of social protection for everyone.
• To strengthen Tripartism and social dialogue.

International Labour Organization (ILO) – Structure

The basis of the ILO is the tripartite principle. The ILO comprises the International Labour Conference, the Governing Body, and the International Labour Office.

• International Labour Conference: 

• The progressive policies of the ILO are set by the International Labour Conference. 
• The Conference is an annual event, which happens in Geneva, Switzerland. The conference brings together all the representatives of the ILO.
• Function: It is a panel for the review of the important issues regarding labour.
• Governing Body:
  • The Governing Body is the executive body of the International Labour Organization.
  • The governing body meets in Geneva. It meets three times annually.
  • The Office is the secretariat of the Organization.
  • It is composed of 56 titular members, and 66 deputy members.
  • Functions: 

• Makes decisions regarding the agenda and the policies of the International Labour Conference.
• It adopts the draft Programme and Budget of the Organization for submission to the Conference.
• Election of the Director-General.
• International Labour Office: 
  • It is the permanent secretariat of the International Labour Organization. 
  • Functions: It decides the activities for ILO and is supervised by the Governing Body and the Director-General.
  • The ILO member States hold periodically regional meetings to discuss the relevant issues of the concerned regions.
  • Each of the ILO’s 183 Member States has the right to send four delegates to the Conference: two from government and one each representing workers and employers, each of whom may speak and vote independently.T

To know more headquarters of the Important Organisations of the World, visit the linked article.

International Labour Organization (ILO) Functions

The ILO plays an important role in the formulation of policies which are focussed on solving labour issues. The ILO also has other functions, such as:

• It adopts international labour standards. They are adopted in the form of conventions. It also controls the implementation of its conventions.
• It aids the member states in resolving their social and labour problems.
• It advocates and works for the protection of Human rights.
• It is responsible for the research and publication of information regarding social and labour issues.
• The Trade Unions play a pivotal role in developing policies at the ILO, thus the Bureau for Workers’ Activities at the secretariat is dedicated to strengthening independent and democratic trade unions so they can better defend workers’ rights and interests.
• The ILO also assumes a supervisory role: it monitors the implementation of ILO conventions ratified by member states.

• The implementation is done through the Committee of Experts, the International Labour Conference’s Tripartite Committee and the member-states. 
• Member states are obligated to send reports on the development of the implementation of the conventions they have approved. 
• Registration of complaints: The ILO registers complaints against entities that are violating international rules.
  • The ILO, however, does not impose any sanctions on the governments.
  • Complaints can also be filed against member states for not complying with ILO conventions that have been ratified.
• International Labour Standards: The ILO is also responsible for setting International Labour Standards. The international labour conventions which are set by the ILO are ratified by the member states. These are mostly non-binding in nature.
  • But once a member state accepts conventions, it becomes legally binding. The conventions are often used to bring national laws in alignment with international standards.
• ILO Global Commission on the Future of Work: The formation of an ILO Global Commission on the Future of Work marks the second stage in the ILO Future of Work Initiative.
  • The Commission outlines a vision for a human-centred agenda that is based on investing in people’s capabilities, institutions of work and decent and sustainable work.
  • It also describes the challenges caused by new technology, climate change and demography and appeals for a collective global response to the disturbances being caused in the world of work.

International Labour Organization – Mission

The ILO’s mission is to promote decent work for all workers. This is accomplished by promoting social dialogue, protection, and employment generation.

• The ILO provides technical support along with the support of development partners to multiple countries in order to achieve this mission.

International Labour Organization – Declaration on Fundamental Principles and Rights at Work

The Declaration was adopted in 1998, and it mandates the member states to promote the eight fundamental principles and rights. The Fundamental Principles and Rights are categorized into four classes. They are:

• Freedom of Association and the Right to Collective Bargaining (Conventions 87 and 98)
• Elimination of forced or compulsory labour (Conventions No. 29 and No. 105)
• Abolition of child labour (Conventions No. 138 and No. 182)
• Elimination of discrimination in respect of employment and occupation (Conventions No. 100 and No. 111).
• As part of the Follow-up to the Declaration, the ILO Director-General also submits a Global Report on one of the four categories of fundamental principles and rights at work to the tripartite International Labour Conference.

International Labour Organization – Core Conventions

The eight fundamental conventions form an indispensable part of the United Nations Human Rights Framework, and their sanction is an important sign of member States’ commitment to human rights. Overall, 135 member States have ratified all eight fundamental conventions.

The eight-core conventions of the ILO are:

• Forced Labour Convention (No. 29)
• Abolition of Forced Labour Convention (No.105)
• Equal Remuneration Convention (No.100)
• Discrimination (Employment Occupation) Convention (No.111)
• Minimum Age Convention (No.138)
• Worst forms of Child Labour Convention (No.182)
• Freedom of Association and Protection of Right to Organised Convention (No.87)
• Right to Organise and Collective Bargaining Convention (No.98)
• The conventions are highly relevant due to the economic challenges faced by workers all around the world.

International Labour Organization and India

India is a founding member of the ILO. It became a permanent member of the ILO Governing Body in 1922. The first ILO Office in India was inaugurated in 1928.

• India has ratified six fundamental conventions.
• India has not ratified Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
• As the two conventions involve the granting of certain rights that are prohibited under the statutory rules for government employees.