The Implementation of Public International Law in India

Prof. Charles Henry Hyde defines international law as that law concerned with the conduct of states and international organizations and with their relations interse, as well as some of their relations with persons, whether natural or personal, cited in Q.C. J.G. Starke , “An Introduction to International Law,” Butterworths, London, 1972, pp. 1–3.

The same practical approach has been adopted by courts, which have decided questions of international law. Article 38(1) of the ICJ is directed to apply the following: international treaties, international customs as evidence of a general practice accepted as law, the general principles of law recognized by civilized nations, judicial decisions and the teachings of the most highly qualified publicists of the various countries as subsidiary means for the determination of rules of law.

(1970) 3 SCC 400.

Kent in his commentaries (Vol. 1, page 175, 10th edition)

Wade and Philips, Constitutional law, 7th edition, pp. 274–275.

Air 1994 Bom 323.

Supra n. 3.

AIR 1980 SC 180.

(1997) 3 SCC 433.

This is based on an extract form the paper Plant Varity Protection and TRIPs presented by Khare Rajiv , Assistant Professor NLIU, in a seminar on “Human Rights to Health: TRIPs and its Impact on the Pharmaceutical Industry in India” organized by NLIU, Bhopal, March 2000.

A consultation paper for generating debate and eliciting reactions and opinion.