Principles of International Law - Insights and Reflections from Pakistan.

Format:

Book

Author/Creator:

Ghouri, Ahmad.

Series:

Brill's Asian Law Series

Brill's Asian Law Series, Vol. 17

Language:

English

Physical Description:

1 online resource (642 pages)

Edition:

1st ed.

Place of Publication:

Boston : BRILL, 2026.

Summary:

How does a postcolonial state like Pakistan apply and shape international law in practice? This book answers that question by examining Pakistan’s legal experience across global regimes - from human rights and trade to territorial disputes and diplomatic protection. Readers will discover how Pakistan engages with international institutions, adapts global legal standards to domestic governance, and responds to real-world challenges in courts and policymaking. Featuring case law, legislative developments, and original commentary, this volume is essential reading for scholars, practitioners, and students seeking grounded, comparative insights into how international law operates in the Global South.

Contents:

Intro

Half Title Page

Series Page

Title Page

Copyright

Contents

Figures and Tables

Tables

Cases

Statutes

Introduction to Principles of International Law: Insights and Reflections from Pakistan

1 Positioning Pakistan in Global Legal Epistemologies

2 Pakistan's Engagement with International Law

3 Significance and Key Contributions of This Book

4 Intended Audience of This Book

5 Concluding Remarks

Part 1 Structure of International Law

Chapter 1 History, Nature, and Sources of International Law

1 Introduction

2 History of International Law

2.1 Understanding the History of International Law

2.2 International Law in Relations between Early Communities

2.3 Natural Law and Religious Influences in International Law

2.4 Classical Theorisation: Fading Naturalism and Emerging Positivism

2.5 Modern International Law: Proliferation of War and International Organisation

3 Nature of International Law

3.1 Understanding the Nature of International Law

3.2 Salient Features of the International Legal System

3.3 The Evolving Nature of International Law

3.4 Critical Approaches to Understanding International Law

4 Sources of International Law

4.1 Treaties

4.2 Customary International Law

4.3 General Principles of Law

4.4 Judicial Decisions and Academic Literature

4.5 Soft Law

5 Perspectives from Pakistan on International Law

6 Conclusion

Further Reading

1 Books

2 Book Chapters

3 Journal Articles

Chapter 2 International Law and Municipal Law

2 The Philosophical Problem

3 The Application of Municipal Law in International Law

4 The Application of International Law in Municipal Law

5 International Law in Pakistani Courts.

6 Conclusion: International Law and Municipal Law in a Globalised World

Bibliography

Part 2 Subjects of International Law

Chapter 3 States as Subjects of International Law

2 Concept of Statehood

2.1 Montevideo Convention on the Rights and Duties of States

2.1.1 Permanent Population

2.1.2 Defined Territory

2.1.3 Government

2.1.4 Capacity to Enter into Relations with Other States

2.1.5 Non-state Actors and the Changing Discourse of Statehood

2.1.6 Additional Criteria

2.2 Recognition of States and Governments: Theory and Practice

2.2.1 Constitutive Theory

2.2.2 Declaratory Theory

2.2.3 Theory versus Practice

2.3 De Jure and De Facto Recognition

2.4 UN Charter and the Concept of Statehood

2.5 Recognition of Non-State Entities and Governments-in-Exile

3 Legal Personality of States

3.1 Sovereignty

3.1.1 Sovereignty in Internal Matters

3.1.2 Sovereign Equality

3.1.3 Right to Enter into International Agreements

3.2 Not Subject to Compulsory Jurisdiction

3.3 Derogation Not Presumed (Lotus Presumption)

3.4 Sovereignty and Independence: Contestation by Non‑state Actors

4 Pakistan as a Subject of International Law

4.1 Bangladesh

4.2 Israel

4.3 Armenia

5 Conclusion

2 Journal Articles

Chapter 4 Self-Determination and Recognition in International Law

2 Self-Determination

2.1 Historical Background

2.2 Self-Determination in the Modern Era

2.3 Emergence of Pakistan

2.4 Kashmir

3 Recognition

3.1 Statehood

3.1.1 Permanent Population

3.1.2 Territory

3.1.3 Government

3.1.4 Independence in Foreign Relations

3.1.5 Self-Determination

3.2 Recognition of a State or Government

3.2.1 Recognition and the UN Membership.

3.2.2 Recognition of Non-state Entities

3.2.3 De Facto and De Jure Recognition

3.2.4 Non-recognition

4 Succession

5 Secession

Chapter 5 Territory in International Law

2 Acquisition of Territory

2.1 Occupation of a Terra Nullius

2.2 Prescription

2.3 Cession

2.4 Accretion

2.5 Conquest

3 Pakistan's Territory

3.1 Boundaries with India

3.1.1 International Border

3.1.2 Working Boundary

3.1.3 Line of Control (LoC)

3.1.4 Actual Ground Position Line

3.2 Territorial Disputes with India

3.2.1 Siachen

3.2.2 Rann of Kutch

3.3 Boundary with China

3.4 Boundary with Afghanistan

3.5 Boundary with Iran

3.6 Gwadar

4 Conclusion

Part 3 International Law in Operation

Chapter 6 The Law of Treaties

2 Defining Treaty

3 Differentiating Treaties from Contracts and MOUs

3.1 Treaties and Contracts

3.2 Treaties and MOUs

4 Vienna Convention on the Law of Treaties

5 Forms and Functions of Treaties

5.1 Forms of Treaties

5.2 Functions of Treaties

6 Formation of Treaties

6.1 Negotiations and Full Powers

6.2 Adoption and Authentication

6.3 Signature

6.4 Ratification

7 Reservations, Declarations, and Objections to Treaties

8 Registration of Treaties

9 Domestic Application of Treaties

10 Pacta Sunt Servanda

11 Interpretation of Treaties

12 Invalidity of Treaties

12.1 Breach of Law

12.2 Error

12.3 Jus Cogens

12.4 Fraud, Threat or Coercion

12.5 Consequences of Invalidity

13 Withdrawal and Termination

13.1 Express Provision

13.2 Supervening Impossibility of Performance

13.3 Fundamental Change of Circumstances

14 Law and Practice of Treaties in Pakistan.

14.1 Dualist State

14.2 Treaty Implementation Cells

15 Treaty-Making Process in Pakistan

15.1 Negotiation, Signature, and Ratification

15.2 Incorporation of Treaties into Domestic Law

15.3 Consequences of Non-incorporation

15.4 Parliamentary Supervision over Treaty-Making

15.5 Effect of the 18th Constitutional Amendment on Treaty Process

16 Interpretation of Treaties in Pakistan

17 Conclusion

Chapter 7 State Jurisdiction in International Law

2 Types of Jurisdiction

2.1 Theoretical Dilemma in the S.S. Lotus Case

2.2 Resolving Conflicts of Jurisdiction

3 Prescriptive Jurisdiction: The Principles of Jurisdiction

3.1 Territorial Jurisdiction

3.2 Nationality Jurisdiction

3.3 Passive Personality Jurisdiction

3.4 Protective Jurisdiction

3.5 Universal Jurisdiction

4 Enforcement Jurisdiction

Chapter 8 Immunities and Privileges of the State and State Personnel

2 State Immunity

3 Development of the Law of State Immunity

4 Customary International Law Norm and Codification

5 Scope of State Immunity

5.1 Distinction between Acta Jure Imperii and Acta Jure Gestionis

5.2 Exceptions to the General Rule of Immunity

5.2.1 Commercial Transactions

5.2.2 Employment Contracts

5.2.3 Non-commercial Torts

6 Who Can Claim Immunity?

6.1 Heads of State and High-Ranking Government Officials

6.2 Political Sub-divisions

6.3 Armed Forces

7 Limitations on State Immunity for Acts Contrary to International Law

8 Waiver of Immunity

9 Immunity against Enforcement of Judgement

10 Diplomatic and Consular Immunities and Privileges

11 The Vienna Convention on Diplomatic Relations (VCDR).

11.1 Inviolability of Premises

11.2 Diplomatic Asylum

11.3 Inviolability of Documents, Archives, and Correspondence

11.4 The Diplomatic Bag

12 Inviolability of the Diplomatic Agent

12.1 Premises, Correspondence, and Property

13 Immunity from Jurisdiction

13.1 Criminal Jurisdiction

13.2 Civil Jurisdiction

14 Duration of Immunities

15 Immunity from Execution

16 Waiver

17 Consular Staff

17.1 Raymond Davis Incident

18 Special Missions

19 Specific Issue: Vehicular Accidents

19.1 How Does International Law Deal with Such Instances?

20 Conclusion

Chapter 9 State Responsibility in International Law

2 Historical Evolution of State Responsibility

2.1 Early Work on Codification

2.2 The Distinction between Primary and Secondary Obligations

2.3 Final Form of the Articles

2.4 Controversies

2.5 The Basic Concepts

2.6 Does Responsibility Require Fault?

2.7 Should We Hold States Responsible?

2.8 Lack of a Dispute Resolution Mechanism

2.9 Can States Be Held Criminally Responsible?

3 Attribution

3.1 State Organs under Article 4

3.2 De Facto Organs

3.3 State Agents under Article 8

3.4 De Facto Agents

3.5 Attribution for Terrorist Acts

4 Circumstances Precluding Wrongfulness

4.1 Consent

4.2 Self-Defence

4.3 Force Majeure

4.4 Distress

4.5 Necessity

4.6 Countermeasures

5 Consequences of Internationally Wrongful Acts

5.1 Cessation and Non-repetition

5.2 Continued Duty of Performance

5.3 Reparation

5.3.1 Restitution

5.3.2 Compensation

5.3.3 Satisfaction

6 Invocation of Responsibility

6.1 Article 42

6.2 Article 48

7 Serious Breaches of Peremptory Norms

7.1 Obligation of Non-recognition

7.2 Collective Countermeasures?.

7.3 Obligation Not to Render Aid or Assistance.

Notes:

Description based on publisher supplied metadata and other sources.

ISBN:

9789004763012