International Law

Foreign judgment is given recognition in International law on the basis of principle of reciprocity and comity that gives rise to rights and obligations.

General rule is that the provisions of a treaty are not automatically incorporated into the municipal law and a country's legislature must pass legislation to implement them

High Court observed that courts in Pakistan are required to interpret and apply every statute, so far as its language admits, in accordance with the principle of comity of nations and the recognized norms of international law, even in situations where no such law has been enacted.

International law unless in direct conflict with municipal law ought to be applied and respected by municipal courts in deciding matters arising therefrom.

Every State was duty bound to take necessary measures to ensure that the persons belonging to minorities may exercise fully/effectively all their human rights and fundamental freedoms without any discrimination and in full equality before law

States were required to create favourable conditions to enable minorities to express their characteristics and to develop their culture, language, religion, traditions and customs, except where specific practices were in violation of national law and contrary to international standards.

State, due to its commitments under International Law, has the duty/obligation to ensure dignity of a girl/woman.

General rule is that the provisions of a treaty are not automatically incorporated into municipal law and a country's legislature must enact law to implement them

In Pakistan, even where such legislation has not been passed, the courts are required to interpret and apply every statute, as far as its language admits, in accordance with the principles of comity of nations and established rules of international law.

Article 15 of the 1948 Universal Declaration of Human Rights declares that everyone has the right of nationality.

Enforceable domestically (in a country) only if incorporated in the municipal law (of that country).

International law unless in direct conflict with municipal law, ought to be applied and respected by municipal courts in deciding matters arising therefrom.

There is no international obligation upon sovereign State to accept request for extradition of a person within its territorial jurisdiction

Sovereignty of a State has legal authority over people within its territorial borders

Host State has to enter into arrangements with other sovereign States, whereby it may divest some of its sovereign powers including power to try a person for offence or to allow that person to remain within its territorial jurisdiction and to allow his extradition to other State to face trial.

When international obligations and bilateral commitments come in conflict with municipal laws, the latter are to prevail.

Where a contract is entered into with a foreign national or a foreign company, it is governed by the municipal laws of the country where the contract is executed subject to any special provision to the contrary incorporated in the contract.

Long-standing practices and customs, in absence of express statutory provisions, would be regarded as an essential source of law

Principles stated.

Interaction of a State as a whole with other Nations undoubtedly is based upon mutual respect and confidence and this stands true for the judicial organ as well

When world has squeezed into a global village, it has become expedient that principles of comity should be strictly applied, adhered and resorted to all levels of the State institutions

Upon such principle, Court of one jurisdiction, subject to condition that orders do not contravene any domestic law of country should give the effect to judicial decisions of Courts of another State, as a matter of deference and mutual respect, even if no obligation exists to do so

It should be based upon willingness on part of judiciary of one civilized State to grant privilege and respect to orders of foreign jurisdiction-It is the matter of mutual accommodation, shown to the orders of each other, especially which are passed in proper exercise of jurisdiction

Such respect is founded and structured upon rules of courtesy, civility, affability, amity, consideration, gesture of goodwill and good fellowship to the orders passed by the Court of other country.

Implications.

Rules of International Law should be accommodated in the Municipal 'Law even without express legislative sanction provided they do not run into conflict with Acts of Parliament

Doctrine of incorporation

Connotation

Obligation of Courts in cases of conflict between the International Law and the Municipal Law.

Agent should spend Pakistan rupees for obtaining the determined and ascertained amount of dollars for payment to the parent company even in case of devaluation of Pakistan currency meanwhile.

When a country recognizes a new State it relates back retrospectively to the date when the new State was created.

Pakistani Courts are not entitled to take note of the factum of violation of any provision of International agreement or law, in the absence of any provision in the relevant law??Courts in Pakistan are bound to give effect to the municipal laws as they are.

Jurisdiction- Personal jurisdiction or jurisdiction over parties when lies-Civil Procedure Code (V of 1908), S. 20 (c).-[Jurisdiction].

Words "due fulfilment" occurring in treaty-Treaty containing a clause making Trade Representation responsible for "due fulfilment" of contract

Words "due fulfillment of contract"-Held, mean fulfilment of part of their obligation undertaken by them voluntarily or by execution through courts of lex situs, i. e., Pakistan Courts Such interpretation consistent with Articles 4 to 7 of Statute concerning trade mission and trade agencies of U. S. S. R.. abroad.