UNIVERSITY OF IRINGA
FACULTY OF LAW
DEPARTMENT OF PUBLIC AND PRIVATE LAW
COURSE NAME: PUBLIC INTERNATIONAL LAW
LECTURER’S NAME: DR. FRANCIS MAGARE
NATURE OF WORK: GROUP ASSIGNMENT
DUE DATE: 13 November, 2024
NAME REG NO: SIGNATURE
S/N
1. WASATU NGIBOMBI BURITO LLB-33526
2. ISACK NZIKU LLB-34547
3. RIDHIWAN RAJABU LLB- 33469
4. PARTRICIA SEVERINE LLB- 35372
5. LUCY LUSAM BO LLB- 33396
6. JUDITH J. MASAWE LLB - 34626
7. HAMIDA AHMADI MADODI LLB - 33993
8. JOYCE H. MATONANGE LLB - 33452
9. YEMIMA EDWARD NZOWA LLB - 34124
10. BUKANU M. MATALUMA LLB - 34894
11. LISA COSMAS LLB -33393
12. VICTORIA N. HILARY LLB - 34489
13. ROBERT N. MARCO LLB – 34892
Question
The landscape of international law as involved from state centric to include devis actors with
valid level of recognition and responsibility. This shift reflect the complexity and dynamism of
modern international discuss.
According to Starke, international law defined as that body of law which is composed for its
greater part of the principles and rules of conduct which states feel themselves bound to observe,
and therefore do commonly observe in their relations with each other and which includes also, ;
Certain rules of law relating to individuals and non-state entities so far as the right or duties of
such individuals or non-state entities are the concern of international community 1.
International law is a system of law whose main function is to regulate relations among nations.
This was a notion developed since the 16 th century, and it was more expounded in the Lotus case
(case of 1927 court of international justice.
Development and operation of public international laws
Public international law cannot be properly understood without some knowledge of its history.
The accepted view among scholars is that, the subject of public international law began to
emerge in western Europe in the 16 th century, and that this emergency is associated with the
evolution of the modern nation state.
The period until 1500
The consensus among scholiast is that, a recognize corpus of international law is no more than
500years old. However, even before that, some international practices were already taking place.
For example, states were involved in the concluding of treaties and sending of ambassadors even
from the time of ancient Egypt of records of Greek city
The 16th Century, in this period most notable development in Western Europe that had an
impact on international law was the general thinking about the source of the secular power. .
Thus, he started pondering on two important things namely how the prince (ruler) should retain
power within the state and how he might conduct himself visa a visa his fellow’s ruler. Also, said
is that, the fracturing of Christendom and the Roman Empire created a gap or vacuum which
gave birth to international law2.
The 17th Century, in this century marlins a transition from natural law theories to secular
positivism. The most significant writer was HUGO GROTIUS (1583- 1645). HUGO
1
Dr. Ferdinand Marcel Temba, PhD in Law - University of Dar es Salaam
2
Niccolo Machiavelli (1469 – 1527)
GROTIUS is sometimes referred to as ״the founder of international law ״Mare Liberum (1609)
and this argued for the freedom of the seas and De Jure Belli ac Paci (1625). Grotius argued that,
human beings were both competitive but at having a desire for harmony. Also, a secular form of
natural law would demonstrate how states could live together without conflict3
The 18th Century, the development in the law of nations in the 128th century took place against
the background of alignment. This was the period of rise of freedom of thinking. Public
international law cannot be properly understood without some knowledge of its history. The
accepted view among scholars is that, the subject of public international law began to emerge in
western Europe in the 16th century, and that this emergency is associated with the evolution of
the modern nation state.
The period until 1500, the consensus among scholiast is that, a recognize corpus of international
law is no more than 500 years old. However, even before that, some international practices were
already taking place. For example, states were involved in the concluding of treaties and sending
of ambassadors even from the time of ancient Egypt of records of Greek city states found
evidence pertaining to the conduct of relations and declaration of war.
Challenges of public international law
The increase of NGOS in the world lead to the conflict of the state to state such as Russia and
Ukraine where Ukraine wand to join with NATO and left the previous NGOS, this lead to the
fighting against the Russia state and this NGOS has their own principles and rule which every
member of that must follow.
Political interest of supper power that political realism theory of international relations in the
effort to give the work trajectory narrative Russia violated the sovereignty of Ukraine the fore
violated the rule of the international laws, and as super power nation the global community
seems confused or carefully handling the world in order to void the currency world war
QUESTION No 04 A SEMINAR QUESTION
3
James Crawford-Brownlie’s Principles of Public International Law-Oxford University Press (2012)
The meaning of non-state actors are the institutions that does not controlled by government
like INGO, Terrorist organization religious actors’ diasporas and ethnic actors and state actors
are the actors in international relation with their own sovereignty all other actors relay their
abilities to act from state actors such as north Atlantic treaty organization called NATO.
International law addresses non-state actors compared to state actors as follows
International law applies to both state actors and non-state actors in a variety of ways,
including:
Human rights
States have obligations to protect individuals' human rights from non-state actors, even when
the violations are committed by those actors. States may also be directly responsible for human
rights violations committed by non-state actors. Even non-state actors will be liable for the
offence committed by non-state organization
International criminal law
Members of non-state armed groups (NSAGs) can be prosecuted for violating international
criminal law. Superior members of NSAGs may also be responsible for war crimes committed by
their subordinates. For instance, Libya under the president Gadaffi was prosecuted to the
international criminal court for the violation of human rights.
International humanitarian law
International humanitarian law imposes obligations on armed non-state actors (ANSAs).
However, there is debate about the extent to which other bodies of international law apply to
ANSAs.
International agreements
International agreements between non-state actors can be a source of international law. All
those actors are bound with the law of international law that governing the human right to be
protected so all these lead to the international law.
Global governance Non-state actors like transnational corporations (TNCs) and international
non-governmental organizations (INGOs) have become important players in global governance.
The United Nations Charter also establishes a system of collective security and prohibits the use
of force. The Charter also enshrines the duty of states to cooperate in solving international
problems and promoting human rights4. Hhps//wbsche.wb.gov.in 05:00 am
QUESTION NO 04 B SEMINAR QUESTION
World War I and World War II had a significant impact on the development of modern
international law, including the creation of the United Nations and the establishment of human
rights protections as follows;
United Nations, the trauma of World War II, particularly the atrocities committed by Hitler, led
to the creation of the United Nations as a bulwark against war and to preserve peace. The UN
Charter, adopted in 1945, established the core system of human rights promotion and protection.
Collective security, the League of Nations and the United Nations' systems of collective security
have brought the maintenance of peace into the arena of active diplomacy.
International consensus, World War I and World War II helped to establish international
consensus on the importance of international law.
Consequences of World War I
World War I created consequences that led to World War II, including the creation of weak new
states in Eastern Europe that were ripe for the taking by Hitler.
Generally most of this war they violated the human right by killing people
4
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