Jurisdiction of Civil Courts

(Sections 9 to 21-A of the Civil Procedure Code, 1908 – Pakistan)

1. Introduction

Jurisdiction means the legal power or authority of a court to hear and decide a case. If
a court doesn’t have jurisdiction, any decision it gives is invalid. In civil law,
understanding which court can hear a case is the first and most important step.

2. Types of Jurisdiction

A. Subject-Matter Jurisdiction (Section 9)

This tells us what kind of cases a court can hear.

Civil courts can try all civil suits, unless specifically barred.

If a law says a case must go to a special tribunal, civil court cannot interfere.

Example: If a law says family matters must go to a Family Court, the civil court has
no jurisdiction.

B. Territorial Jurisdiction (Section 15 to 20)

This tells us where a case can be filed.

A suit must be filed in the court which has jurisdiction over the:

Place where defendant lives, or

Place where cause of action arose (the event that led to the case), or

Place where the property is located (in property cases).

C. Pecuniary Jurisdiction

This is about how much money is involved in the case.

Courts are divided into categories (e.g., Civil Judge Class I, II, etc.) based on
monetary limits.

A lower court cannot hear a case involving a higher value than its limit.

D. Jurisdiction by Law (Special Bars)

Some laws directly say civil courts cannot hear certain types of cases.

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 Example: Income tax, election disputes, or military matters – special laws apply.

3. Objection to Jurisdiction (Section 21)

If a party thinks the court does not have jurisdiction, they must raise this at the
earliest stage.

If not raised early, they may lose the right to object later.

4. Transfer of Cases (Sections 22–24)

If needed, a higher court can transfer a case from one court to another for fairness or
convenience.

5. Consequences of Lack of Jurisdiction

A decision made by a court without jurisdiction is void.

It can be challenged and set aside even if both parties agreed.

6. Landmark Case Example

Abdul Rahim v. Fazal Muhammad (PLD 1989 SC 616)

Held: If the civil court has no jurisdiction under special law, its decree is null and void.

7. Conclusion

Jurisdiction is the foundation of a case. A civil court must have the right kind of
authority, over the right subject, in the right place, and within the right value range.
Without it, the case cannot proceed lawfully.

“Jurisdiction is the life of all judicial proceedings.”

Would you like the next topic now (e.g., Institution of Suit and Plaint), or do you want a
quick MCQ/summary for revision of this one first?

add this command too,extend the length of answer to 1000 words strictly;
Institution of Suit and Plaint

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Certainly! Below is a 1000-word, detailed, and easy-to-understand answer on the topic
of Institution of Suit and Plaint under the Civil Procedure Code, 1908 (Pakistan). This
answer is structured for LLB, judicial, and competitive law exams, especially for
beginners to the subject.

Institution of Suit and Plaint

(Sections 26–32 and Orders I to VII of CPC, 1908 – Pakistan)

1. Introduction
The institution of a suit is the first formal step in initiating civil litigation. It means to
officially bring a case before a civil court for redressal of a civil wrong. For this, the
plaint (a written complaint by the plaintiff) plays a central role. The law prescribes a
systematic and structured procedure for this under Sections 26 to 32 and Orders I to
VII of the Civil Procedure Code (CPC), 1908.

Understanding this topic is essential for every law student, not only to succeed in exams
but also to understand the life cycle of a civil case.

2. Legal Basis for Institution of Suit

A. Section 26 – Institution of Suits

“Every suit shall be instituted by the presentation of a plaint or in such other manner
as may be prescribed.”

This section sets the foundation. It means:

A plaint is mandatory to file a civil case.

The Code and its Orders I to VII prescribe the steps and formats to be followed.

B. Order IV – Institution of Suit

Order IV of the CPC deals specifically with:

Numbering of suits.

Registering the suit upon presentation of the plaint.

Giving a suit number for tracking and process.

3. Essentials of a Valid Suit

To institute a suit validly, certain conditions must be fulfilled:

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(i) Competent Court

The suit must be filed in a court having jurisdiction (subject-matter, pecuniary,

territorial).

(ii) Proper Plaint

A plaint must be drafted according to Order VII requirements.

(iii) Cause of Action

The suit must be based on a civil wrong, with facts showing a legal injury.

(iv) Court Fee

Appropriate court fee stamp must be affixed as per Court Fee Act.

(v) Parties to Suit

There must be a plaintiff and defendant(s) (Order I defines this clearly).

4. The Plaint – Its Meaning and Importance

A plaint is the written complaint or statement by the plaintiff, setting out the facts, relief
sought, and legal cause of action.

It is the backbone of the entire civil suit.

5. Contents of a Plaint (Order VII, Rule 1)

A plaint must contain the following:

1. Name of the Court.

2. Name, description, and address of the plaintiff.

3. Name, description, and address of the defendant.

4. The facts constituting the cause of action.

5. The facts showing the court’s jurisdiction.

6. The relief claimed.

7. If any interest is claimed, the basis of such claim.

8. Valuation of the suit for court fee and jurisdiction.

9. Signature and verification by the plaintiff or authorized person.

Example:

If a person is wrongfully dispossessed from their house, the plaint must clearly show:

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 Ownership of the house.

How the dispossession occurred.

That the court where the case is filed has jurisdiction.

6. Rejection of Plaint (Order VII, Rule 11)

A plaint can be rejected by the court if:

It doesn’t disclose a cause of action.

The relief claimed is undervalued or unstampable.

It is barred by law.

The plaint is not properly signed or presented.

Important Case:

PLD 1985 SC 407 – A plaint that does not state a legal cause of action is liable to be
rejected at the initial stage.

7. Joinder of Parties (Order I – Parties to Suit)

This order deals with who can be joined in a suit:

A. Plaintiffs (Order I, Rule 1)

All persons with a common interest or grievance can jointly file a suit.

B. Defendants (Order I, Rule 3)

Any person against whom a legal right or claim is made can be made a defendant.

C. Misjoinder and Non-Joinder

Misjoinder: Wrongly including someone in the suit.

Non-joinder: Failing to include someone necessary.

The court may ask the plaintiff to correct this by adding or removing parties under Rule
10.

8. Frame of Suit (Order II)

A suit must include the whole claim related to the cause of action (Rule 2).

If part of a claim is omitted, it cannot be sued later.

The goal is to avoid multiple suits.

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9. Pleadings (Order VI)

“Pleadings” include plaint and written statement.

They must state:

Material facts only, not evidence.

Must be clear, precise, and consistent.

10. Filing of Written Statement (Order VIII)

The defendant files this to respond to the plaint.

Must admit or deny each point raised.

Can also raise set-off or counterclaim.

11. Verification of Pleadings (Order VI, Rule 15)

The plaintiff must verify that facts stated are true to their knowledge or belief.

This is usually done at the end of the plaint and written statement.

12. Service of Summons (Section 27 & Order V)

After the plaint is accepted, the court sends a summons to the defendant.

This is the official notice to appear and reply.

13. Appearance of Parties (Order IX)

If the plaintiff doesn’t appear, the case is dismissed for default.

If the defendant doesn’t appear, the case can proceed ex parte.

14. Amendment of Plaint (Order VI, Rule 17)

The court may allow changes in the plaint for:

Adding new facts.

Correcting errors.

Adjusting legal claims.

The goal is to do complete justice.

15. Consolidation of Suits (Section 151)

Court can combine multiple suits with common issues.

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 This helps in saving time and avoiding contradictory judgments.

16. Role of Registry and Filing Process

Plaint is first filed at the civil court's registry.

The registry checks whether all documents, court fee, and formalities are
complete.

Then it is placed before the judge.

17. Practical Importance of a Good Plaint

A strong plaint can lead to quick grant of temporary injunctions or other relief.

It helps the judge understand the case early.

A vague or weak plaint delays justice.

18. Conclusion

The institution of a suit begins the journey of civil justice. A valid suit, supported by a well-
drafted plaint, forms the foundation of the case. The CPC lays down a complete and
detailed procedure to ensure that:

The court has the power to hear the case.

The facts are clearly stated.

The defendants get proper notice.

Both sides get an equal chance to plead.

A plaintiff must strictly comply with all these legal and procedural requirements, or else
the suit can be dismissed or delayed.

“Justice begins not with the judgment, but with a properly instituted suit.”

Would you like a similar 1000-word answer on the next CPC topic like Res Judicata,
Execution of Decrees, or Appeals & Revisions?

Res Judicata and Res Sub Judice

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Certainly! Here's a full-length 1000-word answer on the topic of Res Judicata and Res
Sub Judice under the Civil Procedure Code (CPC) of Pakistan, 1908. This explanation
uses simple vocabulary, is exam-oriented, and is ideal for beginners preparing for
LLB, judicial exams, and CSS.

Res Judicata and Res Sub Judice

(Sections 10 and 11 of CPC, 1908 – Pakistan)

1. Introduction

Res Sub Judice and Res Judicata are two important legal doctrines that prevent the
abuse of court process by controlling how and when civil suits can be filed. These
principles promote judicial efficiency, consistency in judgments, and finality in litigation.

Both doctrines are based on the principle that a person should not be harassed twice
for the same cause and that there should not be two parallel trials on the same
matter.

Res Sub Judice (Section 10): Prevents two pending suits on the same issue.

Res Judicata (Section 11): Prevents re-litigation of the same issue already
decided by a competent court.

2. Res Sub Judice – Section 10

Meaning

"Res Sub Judice" is a Latin term that means "a matter already under judicial
consideration."

Purpose

To prevent multiple suits on the same subject matter being tried at the same time in two
different courts, which can lead to conflicting decisions.

Section 10 of CPC

“No Court shall proceed with the trial of any suit in which the matter in issue is also
directly and substantially in issue in a previously instituted suit between the same
parties... in a court having jurisdiction.”

3. Essentials of Res Sub Judice

For Section 10 to apply, the following conditions must be fulfilled:

1. Two suits must be filed – one earlier and one later.

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 2. The matter in issue in both suits must be directly and substantially the same.

3. The parties in both suits must be the same or represent the same interest.

4. The previously instituted suit must be pending in a competent court.

5. The court in which the later suit is filed must also be competent to try the earlier
suit.

Example:

If a person files a suit for property ownership in Karachi and later files another suit for the
same property in Hyderabad against the same party, the second suit will be stayed under
Res Sub Judice.

4. Effect of Section 10

The court cannot proceed with the trial of the second suit.

It doesn’t stop the filing of a suit but only stays the trial.

The second court must wait until the first suit is decided.

Case Reference:

PLD 1991 SC 1021

The Supreme Court of Pakistan ruled that if the matter is already pending in another
court, the later court must stay proceedings.

5. Exceptions to Res Sub Judice

Summary suits and interlocutory applications may continue.

If the first court lacks jurisdiction, Section 10 may not apply.

6. Res Judicata – Section 11

Meaning

"Res Judicata" is a Latin term meaning "a matter already judged."

It prevents parties from re-filing a suit on the same issue that has already been
decided by a court.

Purpose

To ensure finality of litigation and avoid waste of judicial resources. Once a matter is
settled, it should not be reopened.

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 “No court shall try any suit or issue in which the matter directly and substantially in
issue has been directly and substantially in issue in a former suit... and has been
heard and finally decided by such court.”

1. Same parties or their legal representatives.

2. The matter in issue in the second suit must be the same as in the former suit.

3. The matter must have been finally decided.

4. The former suit must have been decided by a competent court.

5. The issue must have been directly and substantially in issue in the previous suit.

The issue was directly raised and decided.

The issue could have been raised in the earlier suit but was not.

Illustration:
A sues B for property possession and does not claim rent, though he could. Later,
he sues for rent. The court may apply constructive res judicata and bar the second
suit.

1. Fraud or misrepresentation in the earlier case.

2. If the court lacked jurisdiction, the earlier decision is not binding.

3. Change in law or new cause of action.

4. Pure questions of law may be reopened.

Feature Res Sub Judice (Sec 10) Res Judicata (Sec 11)

Nature Pending suit Decided suit

Timing Before decision After decision

Purpose Avoid simultaneous trial Avoid repeated trial

Effect Stay second suit Bar second suit

Court action Cannot proceed Cannot entertain

11. Importance in Civil Litigation

Prevents parallel litigation.

Saves judicial time and resources.

Ensures consistency of judgments.

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 Protects parties from harassment by repeated litigation.

12. Landmark Case Law on Res Judicata

Abdul Ghani v. Muhammad Ramzan (PLD 1985 SC 167)

The court ruled that once a matter is finally decided, it cannot be reopened even if
a party feels the judgment was wrong.

Shahnaz Begum v. Abdul Rauf (PLD 1972 SC 71)

Reinforced that Res Judicata applies even to issues decided by implication.

13. Practical Examples

If A sues B for declaring him as owner of land and loses, he cannot file another
suit on the same grounds, even under a different title.

If a tenant files a case for illegal eviction and loses, he cannot later file another
eviction suit against the same landlord on the same issue.

14. Criticism of Res Judicata

Can sometimes deny justice if the earlier judgment was wrong.

Rigid application may punish careless plaintiffs who forget to raise certain claims.

15. Doctrine of Restitution and Finality

Both Res Judicata and Res Sub Judice are based on the principle of finality of
litigation – once the court decides, the matter must end unless appealed.

16. Conclusion

Res Sub Judice and Res Judicata are two pillars of civil litigation under the CPC that
ensure:

No wastage of judicial time,

No double trials or harassment,

Proper respect to final court decisions.

They serve the broader goals of judicial economy, legal certainty, and fairness.

“It is in the interest of the public that litigation must come to an end.” – Lord
Coke

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These doctrines also reflect the ethical commitment of law to stability, justice, and non-
repetition. Every law student and legal practitioner must understand these concepts
deeply, as they are frequently asked in exams and constantly applied in courtrooms.

Would you like the next full-length answer on Execution of Decrees, Injunctions, or
Appeals & Revisions next?

Summons and Appearance

Here's a complete 1000-word, exam-focused answer on “Summons and

Appearance” under the Civil Procedure Code (CPC), 1908 – Pakistan, written in
simple English, ideal for LLB, judiciary, and CSS competitive law exams.

Summons and Appearance

(Sections 27–32 & Order V–IX, Civil Procedure Code 1908 – Pakistan)

1. Introduction
The concepts of summons and appearance are crucial to the fair functioning of the civil
court system. The issuance of summons is how a court officially informs a party
(usually the defendant) that a suit has been filed against them and gives them an
opportunity to appear and defend themselves.

Without a valid summons and the appearance of parties, no fair trial can occur. These
rules are meant to ensure natural justice, where both parties have the right to be heard.

2. What is a Summons?

A summons is a legal notice issued by a court to a person, typically the defendant,

requiring them to appear in court on a particular date in response to the suit filed by the
plaintiff.

It contains:

The name of the court

Name and address of parties

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 Date of appearance

Instructions regarding written statement or defense

3. Legal Provisions on Summons

Section 27 – Institution of Suit and Service of Summons

"When a suit has been duly instituted, the court shall issue a summons to the
defendant to appear and answer the claim..."

This means:

After the plaint is admitted, summons must be issued to the defendant.

This gives the defendant a fair chance to reply.

Section 28 to 32 – Modes and Enforcement of Summons

These sections deal with:

Service of summons within Pakistan (Sec 28)

Service outside Pakistan (Sec 29)

Substituted service (Sec 30)

Personal or postal service (Sec 31)

Consequences of non-appearance (Sec 32)

4. Order V – Issue and Service of Summons

Order V provides detailed rules about:

Who can serve summons

How and where to serve it

What to do when the defendant is missing, avoiding, or abroad

How to do substituted service

5. How Summons are Served

A. Personal Service (Order V, Rule 10–15)

Delivered directly to the defendant by a court officer or process server.

Defendant signs an acknowledgment.

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B. Service by Post or Courier (Rule 9A)

With court’s permission, summons may be sent by registered post or courier.

Delivery report acts as proof.

C. Substituted Service (Order V, Rule 20)

When personal service is not possible (e.g., defendant hides, avoids, or moves):

Summons can be published in newspapers

Affixed on the main door of the house

Court must record reasons for allowing substituted service

6. Time for Appearance

The summons mentions a specific date when the defendant must appear.

Normally, a minimum of 10 days’ notice is given.

If served by post, some extra time is granted for delays.

7. Contents of Summons (Order V, Rule 1)

Summons must include:

Name of court

Names and addresses of parties

Date of hearing

Order to appear and file a written statement

Consequences of non-appearance (like ex parte proceedings)

8. What is Appearance?

Appearance means that the defendant or his lawyer presents themselves in court on
the scheduled date to respond to the plaintiff's claim.

There are two types of appearances:

A. Personal Appearance

Defendant physically comes to court.

B. Through Pleader (Lawyer)

Defendant authorizes a legal counsel to appear on their behalf.

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9. Legal Provisions on Appearance

Order IX – Appearance of Parties

This order provides rules about:

What happens if plaintiff or defendant does not appear

When cases can be dismissed or decided ex parte

Rules for restoring dismissed suits

Situation Result

Plaintiff absent, defendant Suit dismissed under Order IX, Rule 8

present

Defendant absent, plaintiff Ex parte decree may be passed under Order IX,
present Rule 6

Both parties absent Suit dismissed under Order IX, Rule 3

11. Restoration of Dismissed Suit or Ex Parte Decree

A. Application under Order IX, Rule 9 (Dismissed for default)

Plaintiff can apply to restore suit by giving sufficient reason.

B. Application under Order IX, Rule 13 (Ex parte decree)

Defendant can apply to set aside decree by showing:

No proper summons was served, or

There was sufficient cause for absence

12. Appearance by Several Defendants

If there are multiple defendants, each must be served separately, and each must file
their own appearance and written statement unless represented jointly.

13. Defendant’s Response: Written Statement (Order VIII)

After appearance, the defendant is expected to:

File a written statement within 30 days.

Deny or accept the claims made by the plaintiff.

May also file set-off or counterclaim.

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14. Importance of Summons and Appearance

A. For Plaintiff

Ensures defendant is notified properly.

Helps court proceed in a just and legal manner.

B. For Defendant

Protects the right to be heard.

Gives chance to defend or settle the matter.

C. For Court

Maintains the integrity of the judicial process.

Prevents ex parte injustice.

15. Case Laws on Summons and Appearance

PLD 1985 Karachi 350

Court held that substituted service should only be allowed if all other methods have
failed.

2001 SCMR 838

Supreme Court ruled that a decree passed without proper service of summons is not
binding and can be set aside.

16. Service on Government or Corporate Defendants

If the defendant is the government, service must be made on the concerned

officer.

For companies, service must be made on a director, principal officer, or at the

registered office.

17. Special Rules for Minor and Mentally Unsound Defendants (Order
XXXII)
A must be appointed.

Summons is served on the guardian.

18. Digital or Electronic Summons (Modern Trend)

Although CPC 1908 doesn’t directly cover it, modern courts in Pakistan are gradually:

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 Allowing email summons or SMS intimation in special cases.

This trend is aimed at speed and efficiency, especially during COVID-19 times.

19. Amendment or Correction of Summons

If any detail in the summons is incorrect (wrong name, date, or address), the court can
amend and reissue the summons.

20. Conclusion

The procedure of summons and appearance is not just technical—it's fundamental to

the principle of natural justice. Every party must be notified properly and fairly, and
the trial must begin only after the party has had a chance to appear and reply.

“Audi Alteram Partem” – Let the other side be heard.

This principle lies at the heart of summons and appearance under CPC. Failure to follow
proper procedure may result in dismissal, setting aside decrees, or miscarriage of
justice. That’s why courts, lawyers, and litigants must pay close attention to this first
stage of civil litigation.

Would you like the next topic on Execution of Decrees, Interim Injunctions, or Appeals
and Revisions?

Written Statement and Set-Off

Here is a full-length 1000-word answer on "Written Statement and Set-Off" under the
Civil Procedure Code (CPC) of Pakistan, 1908, written in simple English for law
students, CSS candidates, and judicial aspirants.

Written Statement and Set-Off

(Order VIII, Civil Procedure Code 1908 – Pakistan)

1. Introduction

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The written statement is a formal reply by the defendant to the claims made by the
plaintiff in a civil suit. It is the first defense document, where the defendant admits,
denies, or clarifies the allegations.

A set-off is a counter-claim made by the defendant against the plaintiff in the same suit.
It helps reduce or nullify the plaintiff’s claim.

Both are governed primarily by Order VIII of the CPC and are crucial components of
civil litigation.

2. What is a Written Statement?

A written statement is a pleading by the defendant that responds to the plaint

(plaintiff’s written complaint). It must deny or admit every allegation and may include
legal objections, facts, or evidence that supports the defense.

3. Legal Basis

Order VIII of CPC covers rules related to:

Filing of written statement

Time limit

Denial of allegations

New facts by the defendant

Set-off and counter-claim

4. Time Limit for Filing Written Statement

Rule 1 of Order VIII: The defendant should file a written statement within 30 days
from the date of service of summons.

Courts may allow an extension if there is sufficient cause.

Note: Some High Courts in Pakistan have amended the CPC to make the time
strictly 30 or 45 days to discourage delay tactics.

5. Contents of Written Statement (Rules 3–5)

The written statement must contain the following:

a. Specific Denial

The defendant must specifically deny each allegation in the plaint.

A general denial is not enough.

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 Example: If the plaintiff claims the defendant took a loan of Rs. 1 lakh, the
defendant must deny or explain the amount and nature of the transaction.

b. Admission

If the defendant admits any part of the claim, the court may pass a judgment for
the admitted part immediately.

c. New Facts

The defendant may include new facts that show the suit is not maintainable.

Examples: Payment already made, set-off, fraud, or lack of jurisdiction.

d. Legal Objections

Defendant can raise legal defenses like:

Limitation

No cause of action

Suit is barred by law (e.g., res judicata)

6. Effect of Not Filing a Written Statement

If the defendant fails to file a written statement:

The court may proceed ex parte (without defendant).

The court may pass a decree in favor of the plaintiff based on available
evidence.

Case Reference: PLD 2005 SC 418 – Failure to file a written statement can result
in losing the right to defend.

7. Verification of Written Statement (Order VI, Rule 15)

The written statement must be:

Signed by the defendant

Verified by a declaration that the contents are true and correct to the best
of his knowledge

8. What is Set-Off?

Set-off is a legal claim made by the defendant stating that the plaintiff also owes money
to the defendant, and therefore, the plaintiff's claim should be reduced or cancelled.

It is a form of defensive counter-claim where both parties owe money to each other.

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 "Where in a suit for the recovery of money, the defendant claims to set off any
ascertained sum legally recoverable from the plaintiff, he may claim a set-off
against the plaintiff's demand."

1. Both parties must sue/be sued in the same capacity.

Example: Person A cannot claim a set-off against person B in a personal

capacity if B sues A as a trustee.

2. Money must be legally recoverable from the plaintiff.

3. The amount must be ascertained and due on the date of suit.

4. Set-off must not exceed the plaintiff’s claim.

5. The defendant must mention the set-off in the written statement.

Recognized under Order VIII Rule 6.

Based on a specific legal claim, where both amounts are definite and certain.

Example: Plaintiff sues for Rs. 50,000. Defendant claims Rs. 20,000 already owed
to him by the plaintiff.

Not mentioned directly in CPC but recognized by courts under principles of equity.

Arises out of the same transaction even if the amount is not definite.

Example: Plaintiff sues for rent; the defendant claims damages for poor
maintenance.

Point Legal Set-Off Equitable Set-Off

Recognized in CPC Yes (Rule 6) No (based on equity)

Amount Must be certain Can be unascertained

Connection No need for same Must arise from same

transaction transaction

Requires No Yes, by court's discretion

permission

Point Set-Off Counter-Claim

Only in money suits? Yes No, can include property or damages

Must arise before suit? Yes Can arise before or after suit

Mentioned in written statement? Yes Yes

Independent suit possible? Not always Yes

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14. Judgment on Set-Off

If the court accepts the set-off, it can pass a judgment for balance.

If both claims cancel each other, the suit may be dismissed.

15. Importance in Civil Litigation

Saves time and resources by avoiding multiple suits.

Allows the defendant to assert rights in the same proceeding.

Makes the litigation process more efficient and fair.

16. Case Laws

PLD 1996 SC 84 – Hashwani Hotels v. Pakistan Hotels Corp.

Set-off allowed where both parties had mutual monetary claims arising from the
same contract.

PLD 1998 Karachi 21

Court held that set-off cannot be claimed for unliquidated or uncertain amounts.

17. Practical Example

Case: A landlord sues his tenant for Rs. 100,000 in unpaid rent. The tenant files a written
statement admitting rent was due but also claims Rs. 40,000 as damages for leaking
water pipes and poor maintenance. The court can adjust the amounts and order
payment of the balance.

18. Consequences of False Written Statement

If the court finds that the defendant has filed a false written statement, it may:

Reject the defense.

Impose penalty or costs.

Initiate contempt or perjury proceedings in serious cases.

19. Amendment of Written Statement

The defendant may seek permission from the court to amend the written
statement if needed.

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 Courts allow amendment if:

No new trial is needed.

No prejudice is caused to the plaintiff.

The amendment is not meant to delay the case.

20. Conclusion

The written statement is a powerful defensive tool that gives the defendant a chance
to challenge the plaintiff’s claims. Through set-off, the defendant can also claim what
is rightfully due from the plaintiff.

“Justice should not only be done, but should be seen to be done.”

Thus, both written statement and set-off reflect the fundamental principles of natural
justice, fair hearing, and legal equality. Every defendant should use these rights
responsibly, and every student of law must understand their significance in ensuring
balance and fairness in civil proceedings.

Let me know if you'd like a full answer next on Execution of Decrees, Appeals &
Revisions, or Interim Injunctions.

injuction

Here is a full 1000-word answer on "Injunction under the Civil Procedure Code
(CPC) of Pakistan, 1908", written in clear, simple English, suitable for LLB students,
judicial service candidates, and CSS aspirants.

Injunction under Civil Procedure Code 1908 – Pakistan

(Sections 94–95 and Order XXXIX CPC)

1. Introduction

An injunction is a judicial order that restrains a person from doing something or

requires them to do something. It is a type of interim or preventive relief used in civil
cases to protect the rights of a party before the final judgment is given.

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Under the Civil Procedure Code (CPC), 1908, injunctions are mainly governed by:

Section 94 and 95

Order XXXIX (Rules 1 to 5)

It is a discretionary remedy granted by the court to preserve the subject matter of the
suit and prevent irreparable harm.

2. Meaning of Injunction

An injunction is an order by a civil court that either:

Restrains (stops) a person from doing a wrongful act (called a prohibitory

injunction), or

Compels a person to do a specific act (called a mandatory injunction)

Example: A landlord wants to demolish a building, but a tenant files a suit and gets
an injunction to restrain the demolition until the dispute is resolved.

3. Types of Injunctions

A. Temporary Injunction (Interim Relief)

Granted during the pendency of the suit

Purpose: To maintain status quo

Governed by Order XXXIX Rules 1–2

B. Permanent (Perpetual) Injunction

Granted at the end of the trial as part of the final judgment

Enforces or restrains an act permanently

Governed by Specific Relief Act, 1877 (not CPC)

C. Mandatory Injunction

Requires a party to do a particular act (e.g., repair a wall, remove construction)

Rare and given only when justice demands

4. Legal Provisions in CPC

A. Section 94 – Supplemental Proceedings

Allows the court to grant:

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 Arrest before judgment

Attachment of property

Temporary injunction

Appointment of receiver

B. Section 95 – Compensation for Wrongful Injunction

If it turns out the injunction was wrongfully obtained, the court may award
compensation up to Rs. 50,000

C. Order XXXIX Rules 1–5: Procedure for Temporary Injunction

5. When Can Temporary Injunction Be Granted? (Order XXXIX Rule 1)

Court may grant a temporary injunction in any of the following three cases:

1. Property in dispute is in danger of being wasted, damaged, or alienated by any

party.

2. Defendant intends to remove or dispose of property to defeat the claim of the

plaintiff.

3. Defendant threatens to do an act that will injure the plaintiff regarding the
disputed property.

6. Application for Temporary Injunction (Rule 2)

Plaintiff must file a written application along with an affidavit.

Must show:

1. Prima facie case (Initial proof of a valid claim)

2. Irreparable loss (Harm that cannot be compensated by money)

3. Balance of convenience is in favor of the plaintiff

7. Ex-Parte Injunction (Rule 3)

In urgent cases, the court can grant an injunction without hearing the defendant,
known as ex-parte injunction.

Court must record reasons in writing.

Defendant must be served immediately, and hearing must be held soon after.

8. Procedure After Grant of Injunction

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 Defendant can file objections and request vacation (cancellation) of injunction.

Both parties present their arguments.

Court can confirm, modify, or cancel the injunction.

9. Grounds for Refusal of Injunction

Court may refuse to grant injunction when:

Plaintiff has unclean hands (bad faith)

Injunction affects public interest

There is adequate alternative remedy

The act is already completed

The plaintiff delayed unreasonably in filing suit (doctrine of laches)

10. Principles Governing Grant of Injunction

A. Prima Facie Case

Plaintiff must prove that there is a reasonable chance of winning the case.

B. Irreparable Injury

If the injury cannot be compensated in money, then injunction is proper.

C. Balance of Convenience

Court compares hardship to both parties and chooses the option that causes less
injustice.

11. Consequences of Violation

If a party disobeys the injunction, the court may:

Attach the property of the wrongdoer

Fine or imprison the person for contempt

Dismiss the defense or claim

12. Important Case Laws

PLD 1972 SC 271 – Abdul Ghani v. Haji Muhammad

The court ruled that temporary injunction should only be granted when all three
conditions (prima facie case, irreparable harm, balance of convenience) are fulfilled.

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1995 SCMR 2364 – Syed Ali Abbas v. Shahid Ali

Held that injunction should not be granted to stifle legal rights of the opposite
party.

13. Injunction Against Government or Public Acts

Courts are usually reluctant to grant injunction against government actions,

especially in public interest matters.

Exception: If the act is unlawful, illegal, or arbitrary, court may grant relief.

14. Injunctions in Property Disputes

Most common civil injunctions involve:

Stay against illegal possession

Stopping demolition

Restraining sale or transfer

Maintaining status quo in landlord-tenant cases

15. Appeal and Revision

An order granting or refusing injunction is appealable under Section 104 read

with Order XLIII Rule 1(r) of CPC.

If no appeal lies, party may file revision under Section 115 CPC.

16. Role of Plaintiff’s Undertaking

When seeking injunction, plaintiff usually gives an undertaking to compensate the

defendant if the case fails and the injunction is found to be wrongful.

Prevents unfair advantage

Protects status quo

Saves property and rights from being irreversibly harmed

Ensures justice is meaningful by freezing action until final decision

Situation Type of Injunction

A is about to sell disputed property Temporary Injunction (Rule 1)

B builds illegally on land claimed by C Mandatory Injunction (via Specific Relief Act)

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 Situation Type of Injunction

D threatens to demolish a boundary Prohibitory Injunction

wall

19. Injunction in Commercial Disputes

Modern courts also grant injunctions in:

Contract enforcement

Business restraint violations

Protection of trademarks and intellectual property

20. Conclusion

An injunction is a protective tool used by civil courts to prevent injustice during trial.
It gives immediate relief and ensures that by the time the case is decided, the situation
has not worsened.

The courts exercise great caution and balance in granting injunctions, as they affect
the legal rights of both parties before the final decision.

“Equity aids the vigilant, not those who slumber on their rights.”
– Maxim of Equity

Therefore, a party seeking injunction must act swiftly, truthfully, and fairly to get the
protection of this equitable remedy.

Let me know if you'd like the next topic on Execution of Decrees, Appeals and
Revisions, or Res Judicata vs Res Sub Judice with similar depth.

Here is a complete, detailed 1000-word answer on the topic of Execution of Decree

under the Civil Procedure Code (CPC) of Pakistan, 1908. It is written in simple and
clear language to help law students, judicial exam aspirants, and CSS candidates
understand it fully.

Execution of Decree under CPC 1908 – Pakistan

1. Introduction

A civil case does not end with the court’s judgment. The winning party must ensure that
the decision is actually implemented. This implementation process is called execution
of decree.

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In legal terms, execution means enforcing or giving effect to the judgment or decree
of a civil court. If the losing party (judgment-debtor) does not voluntarily obey the court’s
order, the winning party (decree-holder) can ask the court to use legal tools to enforce the
decision.

2. Legal Framework for Execution

Execution proceedings in Pakistan are governed by:

Sections 36 to 74 of the Civil Procedure Code (CPC), 1908

Order XXI of the First Schedule of CPC (Rules 1 to 106)

These provisions explain:

Which court can execute a decree

What methods can be used

Rights and objections during execution

3. What is a Decree?

As per Section 2(2) of CPC:

Decree means a formal expression of an adjudication which conclusively

determines the rights of parties regarding the matters in controversy.

So, when a court finally decides a civil matter (e.g., possession of land, recovery of
money, injunction), that decision is written as a decree.

4. Parties in Execution Proceedings

Decree-Holder: The person in whose favor the decree has been passed.

Judgment-Debtor: The person against whom the decree has been passed and
who must fulfill its terms.

5. Which Court Executes the Decree?

a. Court Which Passed the Decree – Section 37

Normally, the court that passed the decree has the authority to execute it.

b. Transferee Court – Section 39

The decree can be sent to another court (e.g., where the judgment-debtor lives or
has property).

The transferee court can execute the decree as if it had passed it.

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6. Modes of Execution (Section 51)

A decree can be executed in one or more of the following ways:

1. Delivery of possession (movable or immovable property)

2. Attachment and sale of property

3. Arrest and detention in civil prison

4. Appointment of a receiver

5. Any other manner the court deems fit

The court must ensure that execution is fair, proportionate, and effective.

7. Application for Execution (Order XXI, Rule 10)

The decree-holder must file an execution application, which includes:

Certified copy of decree

Prayer for execution (which mode is required)

Details of judgment-debtor and property (if any)

Affidavit and verification

8. Notice to Judgment-Debtor (Order XXI, Rule 22)

If the application is made after 2 years or if the decree is to be executed against legal
heirs of the debtor, the court must issue a notice to show cause why the decree should
not be executed.

9. Arrest and Detention (Section 55–59)

A judgment-debtor can be arrested and detained in civil prison for failure to pay a
money decree.

This is only allowed if the court is satisfied that the debtor has the means to pay
but is deliberately avoiding payment.

Detention period:

Up to 3 months for decrees of less than Rs. 2,000

Up to 6 months for larger amounts

Women cannot be arrested in execution of money decrees.

10. Attachment and Sale of Property

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a. Movable Property – Rule 43 to 49

Court officers can seize movable property of the judgment-debtor (e.g., car,
equipment).

After notice and valuation, the property is auctioned to recover the amount.

b. Immovable Property – Rule 54 onwards

Court orders attachment of land, house, or building.

Public notice is issued, and if the debtor does not satisfy the decree, the property is
auctioned.

Exempted Property: Basic living items and tools of trade cannot be attached
(Section 60 CPC).

11. Objections by Judgment-Debtor or Third Parties

Objections to execution can be filed under Order XXI Rule 58 and Section 47.

Grounds:

Decree is already satisfied

Execution is not legal or proper

Property attached does not belong to the debtor

The executing court must decide the objections before proceeding.

Type of Decree Mode of Execution

Decree for money Attachment of property or arrest

Decree for possession of land Delivery through court officers

Decree for injunction Compel compliance or take steps to enforce

Decree for restitution Restoration of possession or compensation

13. Limitation Period for Execution

According to the Limitation Act, the execution application must be filed within 3 years
from:

The date of decree, or

The last step taken in execution

14. Stay of Execution (Section 47 and Order XXI Rule 26)

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The court can stay execution:

If an appeal is filed

If execution causes hardship or injustice

If the decree is being challenged on valid grounds

The stay can be conditional (e.g., deposit of partial amount).

15. Fraudulent Transfers by Judgment-Debtor

If a judgment-debtor sells or hides property to avoid execution, the court can:

Declare the transfer void under Section 53 of Transfer of Property Act

Attach the property even if it is in someone else’s name

16. Resistance or Obstruction in Execution

If the judgment-debtor resists or obstructs the decree-holder:

Decree-holder may apply under Rule 97–101

Court can pass orders to remove obstruction and punish for contempt

17. Execution in Foreign Judgments

Foreign decrees can be executed in Pakistan under Section 44-A CPC, provided:

The foreign country is reciprocating

Decree is final and conclusive

Decree is not against public policy

18. Important Case Law

a. PLD 1991 SC 102 – Fazal Karim v. Yaqoob Ali

Held that execution court cannot go behind the decree; it can only interpret and
implement it.

b. 2006 SCMR 828 – Mst. Azra v. Mehmood

Judgment-debtor must show genuine inability to pay before arrest is ordered.

19. Importance of Execution

It ensures that justice is not only declared but also delivered.

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 Without execution, the decree becomes a mere piece of paper.

It maintains respect for the legal system and trust in courts.

20. Conclusion

Execution is the final and most important stage of a civil case. The CPC provides
detailed procedures to ensure that the decree-holder gets the benefit of the court’s
judgment through legal means. It balances the rights of both parties and ensures that
execution is carried out fairly, lawfully, and effectively.

“Justice delayed is justice denied. But justice unenforced is justice destroyed.”

Therefore, understanding execution is essential for every law student and legal
practitioner who wants to see the practical working of civil justice in Pakistan.

Let me know if you want similar 1000-word notes on Appeals & Revisions, Res
Judicata & Res Sub Judice, or Interim Orders.

Appeals, Review, and Revision

Here is a full-length (1000 words), well-structured, and simple explanation on the

topic of Appeals, Review, and Revision under the Civil Procedure Code (CPC), 1908
of Pakistan, specially designed for law students, judicial exam aspirants, and CSS
candidates.

Appeals, Review, and Revision under CPC 1908 – Pakistan

1. Introduction

The legal system guarantees that justice should not only be done but should also appear
to be done. Therefore, if a person is aggrieved by a court’s judgment, the law provides
remedies such as appeal, review, and revision. These allow higher or the same courts
to correct mistakes made in the earlier judgments or proceedings.

The Civil Procedure Code, 1908 governs all these corrective processes in civil cases
through specific sections:

Appeal – Sections 96–112, Orders XLI–XLV

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 Review – Section 114, Order XLVII

Revision – Section 115

2. Appeal – Rehearing by a Higher Court

Meaning

An appeal is a legal remedy where a party requests a higher court to examine the
correctness of the decision of a lower court.

“An appeal is a continuation of the original proceedings.”

– Supreme Court of Pakistan

Types of Appeals

1. First Appeal (Section 96)

2. Second Appeal (Section 100)

3. Appeal from Orders (Section 104)

4. Appeal to Supreme Court (Section 109)

3. First Appeal (Section 96)

Lies from original decree passed by a court exercising original jurisdiction.

Can be on question of fact and law.

Filed before the District Court or High Court, depending on the value of the case.

Time Limit: 30 to 90 days depending on the court.

Example: If a Civil Judge passes a decree in a property case, the aggrieved party
can file a first appeal before the District Judge.

4. Second Appeal (Section 100)

Lies to the High Court.

Only on substantial questions of law, not on facts.

More limited in scope than the first appeal.

Case Example: If the lower appellate court misunderstood a legal provision, the
aggrieved party may file a second appeal.

5. Appeal from Orders (Section 104)

Certain appealable orders are listed in Order XLIII Rule 1, such as:

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 Order refusing to grant temporary injunction

Order of arrest or attachment before judgment

Rejection of plaint (Order VII Rule 11)

Non-appealable orders can only be challenged through revision or writ petition.

6. Appeal to Supreme Court (Section 109)

A party may appeal to the Supreme Court of Pakistan if:

The case involves a substantial question of law of public importance,

And the High Court certifies that it should be heard by the Supreme Court.

7. Procedure of Appeal (Order XLI)

Appeal must be filed within the limitation period.

Memorandum of appeal is filed along with a copy of the judgment and decree.

Parties are notified, and the appeal is heard in open court.

Appellate court can:

Confirm, reverse, or modify the decree

Remand the case

Order a new trial

8. Powers of Appellate Court (Section 107)

The appellate court can:

Take additional evidence

Frame new issues

Remand the case

Pass any judgment or decree

9. Review (Section 114, Order XLVII)

Meaning

A review is a remedy where the same court which passed the decree reconsiders its
decision.

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When Can Review Be Filed?

1. Discovery of new evidence which could not be produced earlier

2. Mistake or error on the face of the record

3. Any other sufficient reason

Who Can File?

Only a party aggrieved by the judgment.

30 days from the date of judgment or decree.

Example: If a judgment has a clerical error or a crucial document was not

considered, a review can be requested.

Ground Explanation

New Evidence Must be material and not available despite due diligence

Error Apparent Mistake must be visible and obvious, not debatable

Sufficient Reason Court’s discretion; covers rare situations

11. Powers of Court in Review

May reject or accept the review

May recall or modify its own judgment

Review does not lie against an order of appellate court

Important: No review of an order passed by the Supreme Court.

12. Revision (Section 115)

Meaning

A revision is filed before the High Court to correct jurisdictional errors of a

subordinate court where no appeal lies.

When Can Revision Be Filed?

Subordinate court exercised jurisdiction not vested in it

Failed to exercise jurisdiction which it had

Acted illegally or with material irregularity

Purpose

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To supervise and correct errors in the exercise of jurisdiction by lower courts.

Time Limit

90 days from the date of the order.

Example: If a Civil Judge decides a case that was not within their legal authority,
the aggrieved party may file a revision in the High Court.

Point Appeal Review Revision

Authority Higher court Same court High Court

Purpose Re-hearing Reconsideration Supervision

Scope Fact + Law Error on record Jurisdiction only

Who files? Aggrieved party Aggrieved party Aggrieved party

Time Limit 30–90 days 30 days 90 days

14. Principles Applied by Courts

Doctrine of Finality: Repeated litigation must end somewhere.

Error Apparent on Face: Only clear and evident errors are correctable in review.

No Appeal from Appeal: Unless allowed by statute, second appeal is restricted.

Supervisory Nature of Revision: Not for correcting every small mistake.

15. Important Case Laws

PLD 1963 SC 382 – Muhammad Ishaq v. The State

Reaffirmed that review cannot be used as an appeal in disguise.

2006 SCMR 828 – Mst. Azra v. Mehmood

Revision is not maintainable against purely interlocutory orders unless jurisdiction is

misused.

PLD 1970 SC 1 – Province of West Pakistan v. Muhammad Yar

A clerical error that affects judgment substantially is a good ground for review.

16. Conclusion

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Appeal, review, and revision are cornerstones of fair justice in civil law. They allow
courts to correct errors, ensure fairness, and maintain consistency in judgments.
However, these remedies are not automatic rights; they are governed by strict legal
conditions and must be used responsibly.

“To err is human, but to correct it through law is justice.”

Every law student and legal practitioner must master these concepts, as they are
frequently tested in exams and are essential in actual legal practice.

Let me know if you would like similar in-depth notes on Res Judicata, Jurisdiction, or
Institution of Suit and Plaint next!

top 8 topic in international law as per exam perspective?

Here are the top 8 most frequently asked and important topics in International Law
from the exam perspective in Pakistan — including CSS, LLB, and judicial exams.
These topics are selected based on their practical significance, recurrence in past
papers, and relevance to international current affairs:

✅ 1. Sources of International Law

Importance: Foundational question in almost every paper.

Key Areas:

Article 38(1) of ICJ Statute

Customary law

Treaties

General principles of law

Judicial decisions & writings of jurists

Soft law

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 Exam Trend: Usually asked as “Discuss the sources of international law with
examples” or “Evaluate the role of custom and treaties in the formation of
international law.”

✅ 2. Recognition of States and Governments

Importance: Tested regularly with both theory and case-based questions.

Key Areas:

De facto vs De jure recognition

Constitutive vs Declaratory theories

Legal consequences of recognition

Case studies: Taiwan, Palestine, Taliban govt.

Exam Trend: “Explain recognition in international law. What are the consequences
of non-recognition?”

✅ 3. State Sovereignty and Jurisdiction

Importance: Highly conceptual and applied topic.

Key Areas:

Territorial, personal, and universal jurisdiction

Immunities of states (Sovereign and diplomatic)

Limits of jurisdiction (Lotus case)

Exam Trend: “Discuss the different types of jurisdiction in international law. How do
immunities limit state jurisdiction?”

✅ 4. Law of Treaties (Vienna Convention 1969)

Importance: Treaties are central to modern international law.

Key Areas:

Treaty formation, reservations, invalidity

Termination and suspension

Pacta sunt servanda vs rebus sic stantibus

Exam Trend: “Discuss the law of treaties with reference to the Vienna Convention
on the Law of Treaties, 1969.”

✅ 38/79
✅ 5. International Law and Use of Force
Importance: Very frequently asked due to contemporary conflicts (e.g., Ukraine,
Gaza).

Key Areas:

UN Charter (Article 2(4), Chapter VII)

Right of self-defense (Article 51)

Humanitarian intervention

Responsibility to Protect (R2P)

Exam Trend: “Is humanitarian intervention legal under international law?” or

“Discuss the use of force in international law.”

✅ 6. Law of the Sea

Importance: One of the most practical areas of law.

Key Areas:

UNCLOS 1982

Territorial waters, EEZ, continental shelf

High seas and piracy

Maritime boundary disputes

Exam Trend: “Discuss the legal regime of Exclusive Economic Zone under
UNCLOS.”

✅ 7. International Humanitarian Law (IHL) & Human Rights

Importance: Critical after conflicts like Iraq, Palestine, Ukraine.

Key Areas:

Geneva Conventions (1949), Additional Protocols

Distinction between IHL and human rights law

ICC and war crimes

Exam Trend: “Differentiate between international human rights and humanitarian

law. Discuss their application during armed conflict.”

✅ 8. Relationship Between International Law and Municipal Law

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 Importance: Frequently tested to examine understanding of implementation.

Key Areas:

Monism vs Dualism

Treaty implementation in domestic law

Pakistan’s position on international law

Exam Trend: “Explain the relationship between international law and municipal law
with reference to Pakistani legal framework.”

Bonus Topics (also worth reviewing):

State Responsibility in International Law

Subjects of International Law (especially individuals and NGOs)

Peaceful Settlement of Disputes (ICJ, arbitration, negotiation)

Recognition and Succession of States

Let me know if you’d like short notes or 1000-word structured answers on any of the
topics above — I can prioritize them based on your syllabus or past paper analysis.

answer under the similar command i have given for the cpc answers;
sources of interntional law

Certainly! Below is a 1000-word, simple yet exam-focused, and well-structured

answer on the topic of Sources of International Law, following the same style as your
CPC answers — especially designed for law students, CSS candidates, and judicial
exam aspirants in Pakistan.

Sources of International Law – A Complete Explanation (1000

Words)

1. Introduction

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International law governs the relations between states, international organizations, and, to
a growing extent, individuals. Just like any legal system, international law also requires
recognized sources from which rules emerge. The sources of international law refer
to the origins from which binding rules and principles governing the conduct of states
and other international actors are derived.

The most authoritative reference to these sources is Article 38(1) of the Statute of the
International Court of Justice (ICJ), which is universally accepted as reflecting the
general sources of international law.

Quote: "International law is the vanishing point of jurisprudence." – Jeremy

Bentham, but it still rests on clear legal sources, as listed in Article 38 of ICJ
Statute.

2. Article 38(1) of the ICJ Statute – Main Sources

According to Article 38(1), the Court shall apply:

1. International conventions (treaties)

2. International custom

3. General principles of law

4. Judicial decisions and teachings (as subsidiary means)

Each of these is explained below with clarity, examples, and exam-worthy insights.

3. Treaties and International Conventions

Definition: Treaties are written agreements between states or international

organizations that are legally binding under international law.

Examples:

United Nations Charter (1945)

Vienna Convention on the Law of Treaties (1969)

Geneva Conventions (1949)

Legal Importance:

Based on pacta sunt servanda: "Agreements must be kept."

Governed by the Vienna Convention on the Law of Treaties, which outlines treaty
formation, validity, interpretation, and termination.

Case: North Sea Continental Shelf Case (1969) – ICJ emphasized the binding
power of treaty law.

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Exam Tip: Always quote the Vienna Convention 1969 when discussing treaties in
international law questions.

4. International Custom (Customary International Law)

Definition: Customary international law consists of rules that emerge from:

Consistent state practice, and

Opinio juris – belief that such practice is legally obligatory.

Examples:

Immunity of foreign diplomats

Freedom of the high seas

Prohibition of genocide or torture

Case Reference:

The Asylum Case (1950) – The ICJ stressed that regional custom must show
consistent practice and legal obligation.

Nicaragua v. USA (1986) – Customary norms were applied even in absence of

treaties.

Features:

Unwritten

Binding on all states (even those not party to specific treaties)

Often fills gaps where no treaties exist

5. General Principles of Law

Definition: These are principles that are:

Recognized by the civilized nations

Common to the domestic legal systems of major legal traditions

Examples:

Principle of good faith

Equity and justice

Res judicata (finality of judgment)

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 No one can be judge in his own cause (nemo judex in causa sua)

Purpose:

Used when neither treaties nor customs offer guidance

Helps the ICJ to ensure fairness and legal logic in its decisions

Case: Chorzów Factory Case (1928) – The principle of reparation as a general principle
was affirmed.

Quote: “Where there is a right, there must be a remedy” – reflects such general
principles.

6. Judicial Decisions and Teachings of Jurists (Subsidiary Sources)

These are not primary sources, but they help in:

Interpreting and applying the primary sources

Finding the state of international law on complex issues

Judicial Decisions:

Decisions of the International Court of Justice (ICJ)

Arbitral tribunals, e.g., Permanent Court of Arbitration

National courts dealing with international matters

Do They Bind?

ICJ decisions bind only the parties to the case (Article 59, ICJ Statute)

However, they have persuasive authority

Teachings of Publicists:

Recognized jurists like Hugo Grotius, Oppenheim, Shaw, Brownlie

Useful in understanding evolving principles

Quote: "Judicial decisions and scholarly writings are the fertilizer of international
law." – Hersch Lauterpacht

7. Other Emerging or Controversial Sources

Though not listed in Article 38, modern scholars and courts have recognized some new
sources:

(a) Resolutions of International Organizations

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 E.g., UN General Assembly Resolutions like the Universal Declaration of
Human Rights (1948)

These are not binding, but may become evidence of customary law or lead to new
treaty law

(b) Soft Law

Instruments like codes of conduct, declarations, guidelines

Non-binding but carry moral and political weight

Example: Paris Agreement on Climate Change (2015) initially was partly soft law in
implementation.

8. Hierarchy of Sources – Is There Any?

Unlike national legal systems, international law does not strictly rank its sources.
However:

Treaties and custom are seen as primary

General principles are secondary

Judicial decisions and teachings are tools for interpretation

Still, jus cogens (peremptory norms) override all other sources:

These are rules like prohibition of genocide, torture, slavery

No state can derogate from them

9. Pakistan’s Perspective

Pakistan follows dualism, so treaties are not self-executing unless implemented

through domestic legislation.

Customary law is recognized if not contrary to national interest.

Pakistan has signed various key treaties, including:

UN Charter

Geneva Conventions

Vienna Convention on Diplomatic Relations

10. Conclusion

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Understanding the sources of international law is crucial because they form the legal
foundation for regulating behavior between nations. As international law grows more
complex and intertwined with domestic systems, these sources continue to evolve with
new forms like soft law and institutional norms.

Final Quote: “International law is not a body of rules imposed upon states from
without, but a body of rules to which states have agreed to be bound.” – Prof.
Malcolm Shaw

A clear grasp of the treaty law, customs, and general principles, combined with cases
and ICJ interpretations, is essential for success in exams and for future legal practice in
international matters.

Let me know if you'd like the next 1000-word answer on “Recognition of States” or
any other topic from the top 8 list!

Recognition of States and Governments

Certainly! Below is a 1000-word, fully exam-ready answer on the topic of Recognition of

States and Governments, written in simple language, with clear structure, relevant
cases, and Pakistan-specific insights, perfect for CSS, LLB, and judicial exams.

Recognition of States and Governments – A Complete 1000-Word

Answer

1. Introduction

Recognition of states and governments is one of the most important topics in international
law. It refers to the formal acknowledgment by one state that another entity qualifies as
a state or legitimate government, and it is willing to enter into relations with it. While
international law does not require a state to grant recognition, such recognition can
have significant legal, political, and diplomatic consequences.

Recognition becomes especially important when new states are formed, governments
are changed through revolutions, or when a state wants to withdraw or withhold
diplomatic relations due to political reasons.

2. Recognition of States

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2.1 Definition

Recognition of a state means the acknowledgment by existing states that a particular

political entity fulfills the criteria of statehood under international law and is capable of
entering into relations as a sovereign state.

2.2 Criteria for Statehood – Montevideo Convention (1933)

According to Article 1 of the Montevideo Convention, a state must possess:

1. A permanent population

2. A defined territory

3. A government

4. Capacity to enter into relations with other states

These criteria are accepted worldwide, even by states not party to the Convention.

Example: When South Sudan became independent in 2011, it was quickly

recognized after it met the above four criteria.

3. Theories of Recognition

There are two main theories in international law regarding recognition:

3.1 Declaratory Theory

According to this theory, a state becomes a legal entity when it fulfills the
Montevideo criteria, regardless of recognition by other states.

Recognition is only a political act, not necessary for statehood.

Case: Tinoco Arbitration Case (1923) – Recognition is not essential for the
existence of a state or government if it is effective internally.

3.2 Constitutive Theory

According to this theory, a state becomes internationally legal only when other
states recognize it.

Until recognition, it cannot claim full rights under international law.

Example: Taiwan meets the Montevideo criteria but is recognized by only a few
states, so its international legal status is limited.

4. Recognition of Governments

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Recognition of a government is the acknowledgment that a particular regime is the
legitimate authority representing a state, especially after a coup, revolution, or civil
war.

4.1 Types of Recognition of Governments

1. De Facto Recognition:

Temporary and conditional

Recognizes control but not legitimacy

Can be withdrawn easily

2. De Jure Recognition:

Full and legal recognition

Granted when a government shows permanence, effectiveness, and

legitimacy

Example: After the Taliban takeover of Afghanistan in 2021, most countries

withheld both de facto and de jure recognition due to human rights and
legitimacy concerns.

5. Modes of Recognition

Express: Direct official statement or declaration by a state

Implied: Through diplomatic relations, signing treaties, or state visits

Example: If Country A signs a trade deal with Country B's new government, it may
be considered implied recognition.

6. Legal Effects of Recognition

6.1 Recognition of States

Establishes diplomatic relations

Allows entry into international organizations

Grants right to sue or be sued in foreign courts

Case: Luther v. Sagor (1921) – British court upheld Soviet acts only after the UK
recognized the Soviet government.

6.2 Recognition of Governments

Allows new government to access state assets abroad

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 Legitimizes signing of treaties

Provides legal standing in international and domestic courts

7. Non-Recognition and Its Consequences

States may refuse recognition for political or moral reasons.

Example 1:
The U.S. did not recognize the Soviet government until 1933 due to ideological
differences.

Example 2:
Israel is not recognized by many Muslim countries, including Pakistan, due to
political and religious factors.

Legal Impact:

No diplomatic relations

No embassies or consulates

Difficult to enforce legal rights across borders

8. Collective Recognition and Non-Recognition

8.1 Collective Recognition

Sometimes, international organizations like the UN collectively recognize or refuse to

recognize entities.

Example: When South Sudan was admitted to the UN in 2011, it was collectively
recognized by the global community.

8.2 Collective Non-Recognition

When an entity is declared illegally formed, states may collectively refuse recognition.

Example:

Rhodesia (now Zimbabwe) under Ian Smith in 1965

Declared illegal regime by the UN Security Council

9. Recognition under Pakistan's Foreign Policy

Pakistan follows a selective recognition policy.

It recognized Palestine, but not Israel.

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 It did not recognize Bangladesh immediately after 1971, only doing so in 1974
under pressure from Islamic nations.

Afghanistan (Taliban): Pakistan maintains a working relationship but has not

officially recognized the Taliban government.

Exam Tip: Always mention Pakistan’s stance on Afghanistan, Palestine, and Israel
when asked about recognition in exams.

10. Recognition vs Succession

Recognition is about acknowledging a new entity, while succession deals with legal
consequences when a state transforms or splits.

Example: After the Soviet Union disintegrated, Russia was recognized as the
successor state. Other former republics like Ukraine were given fresh recognition
as new states.

11. Recognition and the UN Membership

Being a UN member is a strong form of recognition.

However, it is not mandatory for statehood.

Vatican City is a state but not a UN member.

Kosovo is partially recognized and not yet a UN member due to opposition from
Russia and China.

12. Conclusion

Recognition plays a vital role in international relations by determining whether an entity

can act as a state or government in global affairs. Though international law does not
oblige states to recognize one another, the act of recognition carries serious legal and
diplomatic consequences. While declaratory theory dominates modern practice, the
political realities often align with the constitutive theory, especially in cases like
Palestine, Kosovo, or Taiwan.

Final Quote: "Recognition is a political act with legal consequences." – Prof. Ian
Brownlie

A clear understanding of statehood criteria, types and modes of recognition, legal

effects, and Pakistan’s stance helps students perform excellently in exams and in
practical international law applications.

Would you like the next topic — State Sovereignty and Jurisdiction — also written in
this full 1000-word style?

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 State Sovereignty and Jurisdiction

Absolutely! Below is a 1000-word, CSS and LLB exam-focused, simple and clear
answer on State Sovereignty and Jurisdiction in international law — complete with
structure, real-life examples, relevant case law, and Pakistan’s position.

State Sovereignty and Jurisdiction – A Complete 1000-Word

Answer

1. Introduction

State sovereignty is a fundamental principle of international law. It refers to the

supreme authority of a state to govern its own affairs without external interference.
This includes making laws, enforcing them, managing internal and foreign policy, and
exercising control over people, property, and territory within its borders.

Connected closely to sovereignty is the concept of jurisdiction, which refers to the legal
power of a state to make and enforce laws. Jurisdiction is a manifestation of
sovereignty — it shows where and how a state exercises its authority, even beyond its
borders in some cases.

2. Definition of Sovereignty

Sovereignty means that a state:

Is independent

Has supreme authority over its territory

Is equal to other states

Is not legally bound by the will of another state unless it consents

Quote: “Sovereignty is the supreme will of the state within its territory.” – Jean
Bodin

3. Legal Basis of Sovereignty in International Law

Sovereignty is recognized by:

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 United Nations Charter

Article 2(1): “The Organization is based on the principle of the sovereign

equality of all its Members.”

Article 2(7): Prohibits UN from interfering in matters essentially within

domestic jurisdiction

Montevideo Convention (1933): Defines statehood and affirms sovereignty

Customary International Law

4. Attributes of Sovereignty

1. Territorial Sovereignty
– A state has full control over its land, airspace, territorial waters

2. Internal Sovereignty
– Supreme authority to make laws, maintain order, and run government institutions

3. External Sovereignty
– Power to engage in foreign relations, treaties, and defend independence

4. Equality of States
– No state is legally superior to another; all have equal rights under international law

5. Definition of Jurisdiction

Jurisdiction refers to the legal competence of a state to:

Prescribe law (make laws)

Adjudicate law (apply laws through courts)

Enforce law (implement or punish)

Quote: "Jurisdiction is an aspect of sovereignty — a state exercises it when it

regulates behavior through legal rules." – Prof. Malcolm Shaw

6. Types of Jurisdiction

There are three main types of jurisdiction a state can exercise:

6.1 Territorial Jurisdiction (Primary Type)

A state has full legal authority within its borders

Includes land, airspace, and territorial waters (12 nautical miles from baseline)

Example: Pakistan has full jurisdiction over its entire territory, including landlocked
areas, cities, and territorial waters.

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6.2 Extra-Territorial Jurisdiction (Exceptional)

Sometimes states exercise jurisdiction beyond their borders in the following situations:

A) Nationality Principle

A state can try its citizens for acts done outside the country

Example: Pakistan can punish a Pakistani citizen for committing a crime abroad

B) Passive Personality Principle

A state claims jurisdiction if its citizen is a victim of a crime abroad

Example: If a Pakistani tourist is attacked abroad, Pakistan may claim limited

jurisdiction

C) Protective Principle

A state can act against acts abroad that threaten its security or core interests

Example: Terrorism, sedition, counterfeiting currency abroad affecting Pakistan

D) Universality Principle

Certain crimes are universally punishable, regardless of where committed

Applies to piracy, genocide, slavery, war crimes, torture

Any state can prosecute

Example: Germany prosecuted a Syrian officer in 2021 under universal jurisdiction

for war crimes committed in Syria

7. Limitations on Sovereignty and Jurisdiction

While sovereignty is supreme, it is not unlimited. It is restricted by:

1. International Law Obligations

States must respect human rights, treaty commitments, and UN obligations

Example: No state can commit genocide within its borders claiming

sovereignty

2. Sovereignty of Other States

A state cannot interfere in the internal matters of another sovereign state

Example: One country cannot send its police or troops into another country
without consent

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 3. Diplomatic Immunity

Foreign diplomats and embassies are immune from local laws

Based on Vienna Convention on Diplomatic Relations (1961)

4. Consent-Based Jurisdiction

International courts (e.g., ICJ) cannot decide a case unless the state
consents to jurisdiction

8. Sovereignty in the Modern World – A Shifting Concept

Modern realities have redefined sovereignty in many ways:

Globalization: States are interdependent; their decisions affect each other

Humanitarian Interventions: Sometimes, international community intervenes in a

state (e.g., Libya, Syria) due to humanitarian crises

International Organizations: States give up partial sovereignty (e.g., WTO, IMF,

EU)

Cyber Jurisdiction: New questions arise in internet crimes crossing borders

Quote: “Sovereignty today means responsibility, not just control.” – Kofi Annan

9. Relevant Case Laws

1. Lotus Case (France v. Turkey) – 1927

Held that states are free to act unless prohibited by international law

Turkey exercised jurisdiction over a French ship in high seas — Court allowed
it

2. Nicaragua v. United States – 1986

US was condemned for interfering in Nicaragua’s sovereignty by supporting

armed rebels

Reaffirmed non-intervention as a sovereign right

3. Island of Palmas Case – 1928

Sovereignty is exercised through continuous and peaceful display of state

authority

10. Pakistan’s Position on Sovereignty and Jurisdiction

Pakistan is a sovereign Islamic republic, defined under its Constitution (Article 1)

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 Has full internal jurisdiction under its judicial system, based on Constitution,
statutory law, and Islamic law

Respects sovereignty of others but strongly upholds non-intervention (especially in

Kashmir issue)

Drone strikes by the US in tribal areas have been frequently condemned by

Pakistan as violations of sovereignty

Pakistan’s Supreme Court has ruled in many cases defending national sovereignty
(e.g., missing persons cases involving foreign agencies)

11. Conclusion

State sovereignty and jurisdiction are cornerstone principles of international law. While
sovereignty ensures the independence and equality of states, jurisdiction is the legal
tool through which this power is exercised. However, in today’s interconnected world,
absolute sovereignty is no longer practical. States must balance their rights with
international responsibilities. At the same time, they must respect others’
sovereignty, avoid unlawful interference, and uphold rule-based international order.

Final Quote: “Sovereignty is no longer a license to kill or oppress. It is a duty to

protect and be accountable.” – UN Secretary-General Ban Ki-Moon

Let me know if you'd like the next 1000-word topic: Subjects of International Law or
Jurisdiction of the International Court of Justice — both are top exam questions.

Law of Treaties (Vienna Convention 1969)

Certainly! Below is a 1000-word, exam-focused, and easy-to-understand answer on

the Law of Treaties under the Vienna Convention on the Law of Treaties (1969) —
ideal for CSS, LLB, or judicial service exams in Pakistan.

Law of Treaties (Vienna Convention 1969) – A Complete 1000-Word

Answer

1. Introduction

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The Law of Treaties governs how agreements between states are formed, interpreted,
applied, and terminated under international law. Treaties are considered the most
important source of international law, shaping everything from peace and trade to
human rights and environmental protection.

The Vienna Convention on the Law of Treaties (VCLT) 1969 codifies the rules
regarding treaties. It is often called the "treaty on treaties" and is considered customary
international law, meaning its rules apply even to non-signatory states in many cases.

Quote: “A treaty is the fundamental tool through which states bind themselves to
international obligations.” – Prof. Malcolm Shaw

2. Definition of Treaty (Article 2 VCLT)

According to Article 2(1)(a) of the VCLT:

“A treaty means an international agreement concluded between states in written

form, governed by international law, whether embodied in a single instrument or in
two or more related instruments.”

So, key features of a treaty are:

Written form

Between states

Governed by international law

Example: The UN Charter (1945) is a multilateral treaty among 193 states.

3. Vienna Convention on the Law of Treaties (1969)

Adopted on: 23 May 1969

Entered into force: 27 January 1980

Drafted by: International Law Commission (ILC)

Applies only to: Treaties between states

Does not cover: Treaties involving international organizations (covered under the
1986 convention)

Pakistan is a signatory and follows most provisions as customary international law.

4. Classification of Treaties

1. Bilateral Treaties – between two states

e.g., Pakistan-China Border Agreement 1963

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 2. Multilateral Treaties – among several states

e.g., Paris Climate Agreement 2015

3. Plurilateral Treaties – between a limited group of like-minded states

e.g., treaties between regional blocs

5. Formation of Treaties (Articles 6–18 VCLT)

5.1 Capacity to Conclude Treaties (Art. 6)

Only sovereign states can conclude treaties.

5.2 Full Powers (Art. 7)

A person (like a foreign minister, head of state, or ambassador) must have full powers to
represent a state.

5.3 Consent to be Bound (Art. 11–17)

Consent may be expressed by:

Signature

Ratification

Accession

Acceptance or approval

Example: Pakistan ratified the Convention on the Rights of the Child (CRC) in
1990.

6. Entry into Force (Art. 24)

A treaty enters into force on the date agreed by the parties or upon a fixed number of
ratifications.

7. Pacta Sunt Servanda (Art. 26)

This is the most important principle in the law of treaties:

“Every treaty in force is binding upon the parties and must be performed by them in
good faith.”

This means states must not violate treaties once signed and ratified.

Example: Violation of WTO rules can trigger legal and economic consequences.

8. Invalidity of Treaties (Articles 46–53)

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A treaty is void or invalid if:

A) Ultra Vires (Art. 46)

The representative did not have the legal authority to conclude the treaty.

B) Error (Art. 48)

A state made a mistake on a fact essential to the treaty.

C) Fraud (Art. 49)

One party deceived the other.

D) Corruption (Art. 50)

The representative was bribed.

E) Coercion (Art. 51–52)

Use of force or threats on the representative or the state itself.

F) Conflict with Jus Cogens (Art. 53)

If a treaty violates a peremptory norm (jus cogens), it is void.

Jus cogens includes prohibitions against genocide, slavery, torture, and

aggression.

9. Interpretation of Treaties (Articles 31–33)

Treaties must be interpreted using:

A) Ordinary Meaning (Art. 31)

Words should be given their normal, plain meaning.

B) Context and Object/Purpose

The whole treaty and its purpose must be considered.

C) Supplementary Means (Art. 32)

If needed, preparatory work (travaux préparatoires) and circumstances of the treaty can
help interpret it.

Case: Namibia Advisory Opinion (ICJ, 1971) emphasized good faith interpretation.

10. Amendment and Modification (Articles 39–41)

Treaties can be amended:

With consent of all parties

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 Through a new protocol or an agreed procedure

Example: The Kyoto Protocol was amended by the Doha Amendment (2012).

11. Termination and Suspension of Treaties (Articles 54–64)

A treaty can end due to:

A) Mutual Consent (Art. 54)

All parties agree to end it.

B) Breach of Treaty (Art. 60)

A material violation by one party can lead others to terminate.

C) Impossibility of Performance (Art. 61)

Due to destruction of an object essential to the treaty.

D) Fundamental Change of Circumstances (Art. 62)

Called Rebus Sic Stantibus — allowed in rare situations

E) Conflict with Emerging Jus Cogens (Art. 64)

If a new peremptory norm arises, any conflicting treaty becomes void.

Example: A treaty allowing slave trade would now be void under Article 64.

12. Reservations to Treaties (Articles 19–23)

Reservation means a state agrees to a treaty but excludes or modifies certain

provisions.

Reservations are allowed unless:

Prohibited by the treaty

Against the object and purpose of the treaty

Example: Pakistan ratified CEDAW with reservations regarding provisions not

compatible with Islamic law.

13. Role of the United Nations

The UN Secretary-General often acts as depository for multilateral treaties

The UN Treaty Collection keeps records of signatories and ratifications

The International Law Commission (ILC) helps develop treaty law

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14. Treaties and Pakistan

Pakistan is party to over 300 multilateral treaties

Examples include:

Geneva Conventions

UN Charter

Convention Against Torture

Convention on Nuclear Safety

Treaties must be ratified by the federal cabinet, not just signed

The Supreme Court of Pakistan has ruled that treaties do not override the
Constitution unless implemented by Parliament (e.g., Shehla Zia case on
environment)

15. Importance of the Vienna Convention

Brings clarity, uniformity, and rule of law in global diplomacy

Helps avoid misuse of international agreements

Recognizes both the rights and responsibilities of states

Reflects modern legal standards while respecting state sovereignty

16. Conclusion

The Vienna Convention on the Law of Treaties (1969) is one of the most foundational
instruments in international law. It provides a comprehensive framework for the
creation, interpretation, implementation, and termination of treaties. Whether resolving
trade issues, defining borders, or upholding human rights, treaties help maintain order,
stability, and cooperation among nations. For Pakistan and other countries, mastering
this law is essential in an era of increasing global interdependence.

Final Quote: “Treaties are the written expression of the international rule of law.” –
Sir Ian Sinclair

Would you like the next topic — Subjects of International Law or State Responsibility
— written in the same 1000-word style?

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 international law and the use of force

Certainly! Below is a 1000-word, exam-optimized, clearly structured answer on

International Law and the Use of Force – ideal for CSS, LLB, and other competitive
exams in Pakistan. It includes definitions, legal frameworks, real examples, key
articles, case law, and Pakistan’s perspective, all in simple language.

International Law and the Use of Force – 1000 Words

1. Introduction

The use of force is one of the most sensitive and vital issues in international law.
Historically, war was used as a legitimate tool of state policy. However, after World War II,
the United Nations Charter (1945) fundamentally changed the legal status of war and
armed force. Today, international law prohibits the use of force, with only a few strictly
defined exceptions.

Quote: “The use of force is the antithesis of international law, which is based on
peaceful co-existence.” – Prof. Malcolm Shaw

2. What Is Use of Force in International Law?

“Use of force” refers to any military or physical coercion by one state against
another, including:

Armed attacks

Invasions

Bombing campaigns

Military occupation

Support to rebel groups

3. Legal Framework Prohibiting Use of Force

The UN Charter, especially Article 2(4), is the main legal source.

Article 2(4) – General Prohibition

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 “All Members shall refrain in their international relations from the threat or use of
force against the territorial integrity or political independence of any state…”

This means:

No aggression is allowed.

All states must respect others' sovereignty.

Even threat of force is illegal.

This rule is also considered jus cogens (a peremptory norm of international law that
allows no derogation).

4. Exceptions to the Prohibition on Use of Force

There are only two legal exceptions under the UN Charter:

A. Self-Defense (Article 51)

“Nothing in the present Charter shall impair the inherent right of individual or
collective self-defense if an armed attack occurs…”

Conditions:

1. There must be an armed attack.

2. Response must be necessary and proportionate.

3. Self-defense must be reported immediately to the UN Security Council.

Example: After 9/11, the US attacked Afghanistan under the right of self-defense
(backed by UN Security Council Resolutions 1368 and 1373).

B. UN Security Council Authorization (Chapter VII)

The UN Security Council can authorize the use of force when:

There is a threat to international peace.

Peaceful measures have failed.

Example: In 1991, the UNSC authorized force against Iraq (Resolution 678) after
Iraq invaded Kuwait.

5. Controversial and Unlawful Uses of Force

Some uses of force remain legally contested or clearly unlawful:

A. Humanitarian Intervention (Without UN Authorization)

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Military intervention to stop human rights violations (e.g., genocide, ethnic cleansing)
without Security Council approval is controversial.

Example: NATO bombing of Serbia in 1999 (Kosovo war) — no UNSC approval,

but claimed humanitarian need.

Legal Status: Not fully accepted under current law, though some scholars argue for an
“emerging norm.”

B. Preemptive and Preventive Strikes

Preemptive strike: Attacking first to stop an imminent attack.

Preventive strike: Attacking to stop a possible future threat.

Example: 2003 US invasion of Iraq — claimed threat from weapons of mass

destruction (WMDs), but no evidence found.

Legal Status: Highly debated and generally not considered lawful unless the threat is
immediate.

C. Use of Force Against Non-State Actors

With rising terrorism, states have used force against non-state groups in foreign
countries.

Example: US drone strikes in Pakistan’s tribal areas to target terrorists.

Legal Issue: Whether such actions violate state sovereignty or fall under Article 51 self-
defense is debated.

6. Important Case Law

1. Nicaragua v. United States (ICJ, 1986)

US supported rebels (Contras) in Nicaragua.

ICJ ruled this was illegal use of force.

Reaffirmed that arming rebels is a violation of international law.

2. Oil Platforms Case (Iran v. USA, 2003)

US attacked Iranian oil platforms, claiming self-defense.

ICJ held no sufficient evidence of armed attack to justify self-defense.

3. Armed Activities Case (DRC v. Uganda, 2005)

Uganda intervened in Congo.

ICJ ruled Uganda’s actions were aggression, not lawful self-defense.

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7. Emerging Doctrines (Unsettled Law)

A. Responsibility to Protect (R2P)

Developed in early 2000s, this doctrine says:

If a state fails to protect its population from genocide, war crimes, or ethnic
cleansing, the international community must intervene — peacefully or forcefully.

However, R2P requires UN approval, so it doesn’t override Article 2(4).

B. Expanding Self-Defense to Non-State Actors

Post-9/11, many countries claim they can use force against terrorists across borders
without state permission.

But critics argue:

It violates sovereignty of states.

It risks abuse of power and civilian harm.

8. Pakistan’s Perspective on Use of Force

Pakistan supports:

The prohibition on use of force under Article 2(4).

UN-led peacekeeping missions (Pakistan is a top troop contributor).

The right to self-defense, especially in Kashmir and anti-terrorism efforts.

Pakistan has consistently condemned US drone strikes inside its territory as

violations of sovereignty and unlawful use of force.

9. Enforcement and Challenges

UN Security Council is responsible for enforcement but often paralyzed by

vetoes (e.g., Russia in Syria, US on Israel).

ICJ rulings are binding but unenforceable without state consent.

Use of force is often justified by political interests, weakening legal protections.

Quote: “The law is clear, but the world is not always willing to obey it.” – Antonio
Cassese

10. Conclusion

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The prohibition on the use of force is a cornerstone of international peace and order,
firmly established by the UN Charter. However, new threats, such as terrorism,
humanitarian crises, and cyber warfare, are testing its limits. While states must defend
themselves, the use of force must always remain the last resort, used legally,
proportionately, and with international oversight.

As global politics evolve, the international community must uphold the rule of law over
power politics to preserve peace and prevent future wars.

Final Quote: “Peace cannot be kept by force; it can only be achieved by

understanding.” – Albert Einstein

Would you like the next 1000-word answer on Recognition of Belligerency and
Insurgency, Subjects of International Law, or State Responsibility?

Law of the Sea

Certainly! Below is a 1000-word, exam-ready, and easy-to-understand answer on the

Law of the Sea, especially useful for CSS, LLB, and judicial exams in Pakistan. It
covers all key aspects from definitions and zones to Pakistan’s maritime claims and
global disputes.

Law of the Sea – 1000 Words

1. Introduction

The Law of the Sea governs the rights and responsibilities of states in the world’s
oceans. It sets rules for navigation, fishing, resource exploitation, environmental
protection, and maritime boundaries. The modern law of the sea is primarily codified in
the United Nations Convention on the Law of the Sea (UNCLOS), 1982.

UNCLOS is often referred to as the “Constitution of the Oceans” and is one of the
most comprehensive treaties in international law.

Quote: “The Law of the Sea represents the triumph of order over chaos in global
maritime affairs.” – Prof. Hugo Caminos

2. Background and Importance

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 Before the 20th century, the sea was governed by the freedom of the seas
principle—states could navigate and exploit it freely.

This led to conflicts over fishing rights, oil, and minerals.

To resolve these disputes, the United Nations held three conferences, resulting in
UNCLOS (1982), which came into force in 1994.

As of 2024, over 160 states have ratified UNCLOS, including Pakistan.

3. Maritime Zones Under UNCLOS

UNCLOS divides the sea into several zones, each with specific rights and duties for
coastal states. The zones are measured from the baseline, usually the low-water mark
along the coast.

A. Territorial Sea (up to 12 nautical miles)

Coastal state has full sovereignty, like land territory.

Foreign ships have the right of innocent passage (non-threatening, no spying or

weapons testing).

Pakistan’s Claim: 12 nautical miles from its baseline.

B. Contiguous Zone (12 to 24 nautical miles)

The coastal state may enforce laws on customs, immigration, sanitation, and
fiscal matters.

It acts as a buffer zone against illegal entry or smuggling.

C. Exclusive Economic Zone – EEZ (up to 200 nautical miles)

Coastal state has exclusive rights to:

Explore and exploit natural resources

Set up artificial islands, research stations, etc.

Other states can still navigate and fly over the EEZ.

Pakistan’s EEZ: 200 nautical miles in the Arabian Sea, extended to 350 nautical
miles in 2015 by UN Commission approval (under Article 76 of UNCLOS).

D. Continental Shelf (up to 200–350 nautical miles)

Coastal states have rights over the seabed and subsoil, including oil, gas, and
minerals.

Can extend beyond 200 miles if the geological shelf continues.

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E. High Seas (Beyond 200 nautical miles)

Open to all states (flag states), whether coastal or landlocked.

Activities include: navigation, overflight, fishing, laying submarine cables.

Governed by the principle of freedom of the seas.

4. Internal Waters

Waters inside the baseline (e.g., bays, ports, harbors).

These are part of the state’s territory.

No right of innocent passage for foreign vessels.

5. Archipelagic States (e.g., Indonesia, Philippines)

Have special rights to draw archipelagic baselines connecting their outer islands.

Foreign vessels must use designated sea lanes for passage.

6. Navigation Rights

UNCLOS balances freedom of navigation and coastal state security:

Innocent Passage: For peaceful purposes through territorial seas.

Transit Passage: Through straits used for international navigation (e.g., Strait of
Hormuz).

Archipelagic Passage: Through archipelagic sea lanes.

7. Deep Seabed (The “Common Heritage of Mankind”)

Seabed beyond national jurisdiction is called “The Area”.

Regulated by the International Seabed Authority (ISA), based in Jamaica.

Resources (like polymetallic nodules) in The Area belong to all humanity.

No private or national ownership allowed.

8. Protection of the Marine Environment

UNCLOS requires states to:

Prevent pollution (e.g., from ships, land-based sources)

Protect biodiversity

Cooperate on climate-related sea changes

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 Example: Pakistan faces challenges like marine pollution from Karachi’s coast.

9. Marine Scientific Research

States must:

Get consent of the coastal state for research in EEZ and continental shelf.

Share findings and cooperate scientifically.

10. Settlement of Maritime Disputes

UNCLOS provides four mechanisms:

1. International Tribunal for the Law of the Sea (ITLOS)

2. International Court of Justice (ICJ)

3. Arbitration (Annex VII of UNCLOS)

4. Special Arbitration (Annex VIII)

Example: Bangladesh v. Myanmar (2012) – ITLOS resolved a maritime boundary

dispute peacefully.

11. Piracy and Illegal Activities

UNCLOS defines piracy as illegal acts of violence or detention on the high seas for
private ends.

All states have universal jurisdiction over piracy.

Pakistan Navy participates in anti-piracy patrols near Somalia and the Gulf of
Aden.

12. Pakistan and the Law of the Sea

Pakistan ratified UNCLOS in 1997.

Its Maritime Zones Act 2020 governs domestic implementation.

Pakistan’s EEZ was extended to 350 nautical miles in 2015 after a successful
claim to the UN Commission on the Limits of the Continental Shelf.

Pakistan Navy and the Pakistan Maritime Security Agency (PMSA) enforce laws
in Pakistan’s maritime zones.

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 Major projects include:

Gwadar Port

Blue Economy Policy

Participation in CPEC maritime routes

13. Maritime Boundary Disputes in South Asia

A. Pakistan–India Dispute

The maritime boundary near the Sir Creek region remains unresolved.

It causes frequent arrests of fishermen and naval tensions.

Resolution is needed for clear EEZ demarcation.

B. South China Sea Dispute

China, Philippines, Vietnam, and others claim overlapping EEZs.

In Philippines v. China (2016), the PCA ruled against China, but China rejected the
decision.

14. Importance of the Law of the Sea

Preserves sovereignty of coastal states.

Facilitates global trade (90% of trade is maritime).

Encourages peaceful dispute resolution.

Protects marine environment and biodiversity.

Promotes scientific exploration and cooperation.

Quote: “The law of the sea is the great equalizer of nations, offering the same rules
to all.” – Tommy Koh, Chair of UNCLOS Conference

15. Challenges Ahead

Climate change causing rising sea levels

Illegal fishing and depletion of fish stocks

Undersea mining and environmental risks

Geopolitical militarization of key straits and seas

Ambiguities in EEZ enforcement by smaller states

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16. Conclusion

The Law of the Sea, under UNCLOS 1982, is a landmark achievement in international
law. It establishes a delicate balance between sovereign rights and international
freedoms, offering a peaceful framework for resolving complex maritime issues. For a
state like Pakistan with a strategic coastline and economic potential, effective
implementation of maritime law is vital to national interest, security, and development of
the blue economy.

Final Quote: “Whoever commands the sea commands trade; whoever commands
trade commands the world.” – Sir Walter Raleigh

Would you like the next topic — such as Air and Space Law, International
Environmental Law, or Recognition of States and Governments — written in this
same format and depth?

International Humanitarian Law (IHL) & Human Rights

Here is a 1000-word, well-structured, and exam-oriented answer on International

Humanitarian Law (IHL) and Human Rights, written in clear, simple language suitable
for CSS, LLB, and Judicial exams in Pakistan. It covers definitions, differences,
sources, conventions, and Pakistan’s relevance with real examples and key quotes.

International Humanitarian Law (IHL) and Human Rights – 1000

Words

1. Introduction

International Humanitarian Law (IHL) and International Human Rights Law (IHRL)
are two distinct but complementary branches of international law. Both aim to protect
human beings, but they apply in different contexts.

IHL governs the conduct of parties during armed conflict.

Human Rights Law protects the dignity and rights of all individuals at all times,
both in peace and war.

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Understanding both is essential for modern legal practice, especially in conflict-prone
regions like South Asia, and in matters of refugees, terrorism, military operations,
and civil liberties.

Quote: “Even wars have limits. Even in conflict, humanity must prevail.” – ICRC

2. What is International Humanitarian Law (IHL)?

Definition: IHL is a set of rules that seek to limit the effects of armed conflict by:

Protecting civilians, prisoners of war, and wounded combatants

Restricting the means and methods of warfare

It is also known as the Law of Armed Conflict or Law of War.

3. What is International Human Rights Law (IHRL)?

Definition: IHRL is the body of international rules that protect the fundamental rights
and freedoms of individuals from abuse by governments or other authorities, both in
peacetime and conflict.

Examples: Right to life, right to fair trial, freedom from torture, right to education, freedom
of speech.

Feature IHL Human Rights Law

Applies in Armed conflict (international Peace and conflict times

or not)

Sources Geneva Conventions, Hague UN Treaties like ICCPR, ICESCR,

Laws UDHR

Focus Protection during war Dignity of all persons at all times

Can be No – applies strictly in war Some rights can be derogated in

derogated? emergency

Enforcement ICRC, International tribunals UN bodies, regional courts (ECHR,

etc.)

5. Sources of International Humanitarian Law

1. Geneva Conventions (1949) – Four treaties governing:

Wounded/sick soldiers (GC I, II)

Prisoners of war (GC III)

Civilians during war (GC IV)

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 2. Additional Protocols (1977) – Protect victims in both international and non-
international conflicts.

3. Hague Conventions (1899, 1907) – Rules on conduct of war (e.g., weapons,

military occupation).

4. Customary International Humanitarian Law – Evolved through state practice.

6. Sources of Human Rights Law

1. Universal Declaration of Human Rights (UDHR, 1948)

2. International Covenant on Civil and Political Rights (ICCPR, 1966)

3. International Covenant on Economic, Social and Cultural Rights (ICESCR,

1966)

4. Convention Against Torture (CAT, 1984)

5. Convention on the Rights of the Child (CRC, 1989)

6. Regional instruments (not applicable in Pakistan, but worth knowing: ECHR,

ACHPR, etc.)

7. Key Principles of International Humanitarian Law

A. Principle of Distinction

Parties must distinguish between combatants and civilians.

Attacks must only target military objectives.

B. Principle of Proportionality

Incidental civilian harm must not be excessive in relation to military advantage.

C. Prohibition of Unnecessary Suffering

Weapons that cause superfluous injury (e.g., chemical weapons) are banned.

D. Humane Treatment

All persons not taking part in hostilities must be treated humanely.

Torture and degrading treatment are absolutely prohibited.

8. Enforcement and Accountability

IHL violations are called war crimes (e.g., targeting civilians, torture of POWs,
starvation of populations).

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 Tried by:

International Criminal Court (ICC)

International tribunals (e.g., ICTY, ICTR)

National courts under universal jurisdiction

Human rights violations can be raised before:

UN Human Rights Council

Treaty bodies (e.g., UNHRC for ICCPR)

Special rapporteurs

National courts and constitutional petitions

9. Interaction Between IHL and IHRL

In armed conflict, both bodies apply.

IHL is lex specialis (more specific law) in times of war.

However, non-derogable human rights like right to life, prohibition of torture

remain applicable.

ICJ Opinion (2004): In Legal Consequences of the Wall, the ICJ held that human
rights law does not cease in wartime and complements IHL.

10. IHL and Human Rights in Contemporary Conflicts

A. Syria Civil War

Massive violations of IHL: barrel bombs, starvation sieges, attacks on hospitals.

UN documented war crimes and crimes against humanity.

B. Israel–Palestine Conflict

Disputes over proportionality and protection of civilians.

Alleged IHL violations investigated by UN bodies.

C. Russia–Ukraine War (2022–)

Targeting of civilian infrastructure.

Use of banned weapons reported.

11. Pakistan and International Humanitarian Law

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 Pakistan is a signatory to the Geneva Conventions (1949) and several other IHL-
related treaties.

Pakistan’s armed forces follow Military Law Manuals based on IHL.

Pakistan Red Crescent Society works with ICRC for IHL education.

Challenges include:

Internal conflicts (e.g., operations in tribal areas)

Border skirmishes (e.g., India–Pakistan)

Drone strikes by foreign powers (debated under IHL)

Relevant Example:

The APS Peshawar attack (2014) was an IHL violation—attacking civilians,

especially children, is a war crime.

12. Pakistan and Human Rights Law

Pakistan is party to:

ICCPR, ICESCR

CRC, CEDAW, CAT

Constitutional protections under Articles 8–28

National Human Rights Commission established

Key concerns:

Enforced disappearances

Freedom of speech restrictions

Women and minority rights

Example: Pakistan’s Supreme Court has taken suo moto actions in human rights
cases, including enforced disappearances and honor killings.

13. Role of International Organizations

International Committee of the Red Cross (ICRC) – guardian of IHL, provides

training and support.

United Nations Human Rights Council (UNHRC) – investigates human rights

abuses.

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 Amnesty International and Human Rights Watch – document and report
violations.

14. Challenges to Enforcement

Lack of political will and selective justice (powerful states avoid accountability)

Difficulty in proving intent behind war crimes

Limited jurisdiction of ICC and dependence on state cooperation

Hybrid warfare (cyberattacks, drones) creating legal grey zones

15. Conclusion

IHL and Human Rights Law serve as twin pillars of global legal order and humanity.
While IHL protects people during the horrors of war, human rights law ensures dignity and
justice in all circumstances. The strength of these legal systems lies not only in treaties
and courts but in their universal moral authority.

For countries like Pakistan, facing security threats and internal unrest, implementing
and promoting these laws is essential for stability, justice, and international legitimacy.

Final Quote: “Law must protect humanity, especially where humanity is at its most
vulnerable—in conflict.” – Fatou Bensouda, former ICC prosecutor

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difference between international law and muncipal law

Here is a 1000-word, exam-oriented, clear, and well-structured answer on the

difference between International Law and Municipal Law, written in simple language
for CSS, LLB, and Judicial exams in Pakistan.

Difference Between International Law and Municipal Law

(Exam-Ready 1000-Word Answer)

1. Introduction

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International Law and Municipal Law (also called Domestic or National Law) are two
distinct legal systems. While international law governs relations between states and
international entities, municipal law regulates the conduct of individuals and institutions
within a specific state.

Despite being separate in nature, these two legal systems often interact and overlap,
especially in areas like treaties, human rights, war crimes, and environmental regulation.

Quote: “International law begins where municipal law ends – but often, the line is
blurred.” – Prof. Malcolm Shaw

2. Definitions

A. International Law

International Law is a body of rules recognized as legally binding between sovereign

states and other international actors, like international organizations. It includes:

Treaties

Customs

General principles of law

Judicial decisions and scholarly writings

Example: The United Nations Charter, Geneva Conventions, and Law of the Sea

B. Municipal Law

Municipal Law is the internal law of a sovereign state that governs individuals,
corporations, and state institutions. It includes:

Constitutional law

Criminal and civil law

Administrative and procedural laws

Example: Constitution of Pakistan, Pakistan Penal Code, Civil Procedure Code

Aspect International Law Municipal Law

Source of Consent of sovereign states Constitution or legislative

Authority (through treaties, customs) authority of a state

Who Makes States collectively (e.g. UN, treaties) Parliament or legislative body
It? of a country

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 Aspect International Law Municipal Law

Enforceability Often depends on political will and Fully enforceable through

international mechanisms national courts and police

International Law: States, international organizations, and, in certain cases,

individuals (e.g. for war crimes).

Municipal Law: Individuals, companies, government departments, and other

internal entities.

Example: ICC can prosecute an individual for war crimes under international law,
while a local court may try the same person for theft under municipal law.

Criteria International Law Municipal Law

Territorial Applies between states and Applies within the territory of the state
Scope globally

Function Maintains international Regulates daily life, governance, and

order and peace justice within the state

6. Enforcement Mechanisms

International Law

Weak enforcement mechanism

Depends on:

State cooperation

UN Security Council

International Court of Justice (ICJ)

International Criminal Court (ICC)

Example: If a country violates a treaty, enforcement depends on diplomatic

pressure or sanctions.

Municipal Law

Strong enforcement mechanism

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 Backed by:

Police

Judiciary

Executive branch

Example: A court can imprison someone for violating a domestic law.

7. Conflict between International and Municipal Law

Sometimes, international and municipal laws conflict. This raises the question: which law
prevails?

There are two main theories to address this:

A. Monism

International and municipal laws are part of one legal system.

If there's a conflict, international law prevails.

No need to transform treaties; they automatically apply.

Practiced in: Netherlands, France (to some extent)

B. Dualism

International and municipal laws are two separate systems.

International law must be formally incorporated (transformed) into municipal law

to be effective.

Practiced in: United Kingdom, Pakistan

Example: Pakistan signed the Convention Against Torture (CAT), but for it to have
legal force, it needed domestic legislation.

8. Role of Judiciary

In International Law

International Court of Justice (ICJ) settles disputes between states.

International Criminal Court (ICC) tries individuals for crimes like genocide.

In Municipal Law

Domestic courts apply national law.

In some countries, courts may interpret international law if incorporated.

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 Example: The Supreme Court of Pakistan can refer to international treaties only if
they are part of Pakistani law.

9. Pakistan’s Position on International vs. Municipal Law

Pakistan follows the dualist approach:

International treaties or conventions signed by Pakistan are not directly

enforceable unless enacted by Parliament.

The Superior Courts of Pakistan have held that:

Treaties can be used for interpretation of domestic law.

But they do not override domestic statutes unless incorporated.

Case Law Example:

In Shehla Zia v. WAPDA (1994), the Supreme Court referred to international
environmental principles to support Article 9 (right to life), but did not enforce any
treaty directly.

10. Interaction and Cooperation

Today, the distinction between international and municipal law is increasingly

narrowing, especially in areas like:

Human rights (e.g., ICCPR, CEDAW)

Environmental law

Terrorism

Trade law (e.g., WTO agreements)

Cybersecurity and data protection

Example: Pakistan passed the Anti-Terrorism Act 1997 in light of global

obligations to counter terrorism.

11. Examples of Conflict and Harmony

Conflict Example:

US v. Medellín (2008): The US Supreme Court held that decisions of the ICJ were
not binding domestically without Congressional implementation.

Harmony Example:

European Convention on Human Rights is directly applicable in many European

states’ courts due to monist systems.

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12. Why Understanding the Difference Matters

Helps in treaty implementation

Important for judicial reasoning

Essential for diplomatic negotiations

Key for constitutional interpretation and fundamental rights protection

Quote: “International law speaks softly. Municipal law acts swiftly.” – Prof. Ian
Brownlie

13. Conclusion

In conclusion, International Law and Municipal Law differ in origin, scope, enforcement,
and subjects. While international law governs interstate relations and global
obligations, municipal law deals with internal order and justice. However, with
increasing global interdependence, the line between them is thinning. A modern legal
practitioner must be fluent in both, especially as courts, governments, and civil societies
increasingly look toward international norms for guidance.

Final Thought: As the world becomes a legal community, the dialogue between
international and domestic law is no longer optional—it is essential.

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Belligerency, or Nationality and Statelessness in international law?

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