Legal Talks by Desikanoon – Details, episodes & analysis

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Legal Talks by Desikanoon

Suyash Verma, Saurabh Kumar

Government

News

Education

Frequency: 1 episode/6d. Total Eps: 202

This show talks about the general legal news and affairs taking place in India as well as the world, analysis of interesting case-laws and upcoming fields of law. The aim is to make legal aspects as simple as possible so that everybody could understand.

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🇬🇧 Great Britain - Government
29/01/2026
#79

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Difference between Municipal Law and International Law | Monism and Dualism in International Law

Episode 202

Monday, July 3, 2023 • Duration 09:54

This episode discusses the concepts of Monism and Dualism and also the differences between Municipal Law and International Law. Sources of International Law - https://youtu.be/xxCGE8fpVE0

Law of Treaties Simplified

Episode 201

Saturday, July 1, 2023 • Duration 10:26

Opinio Juris - https://www.youtube.com/watch?v=TkR4j43Qmms

Pacta Sunt Servanda - https://www.youtube.com/watch?v=CPftp4WnmVQ

Sources of International Law - https://youtu.be/xxCGE8fpVE0

Telegram: https://t.me/Legal_Talks_by_DesiKanoon

YouTube Channel: https://www.youtube.com/channel/UCMmVCFV7-Kfo_6S42kPhz2w

Apple Podcasts: https://podcasts.apple.com/us/podcast/legal-talks-by-desikanoon/id1510617120

Spotify: https://open.spotify.com/show/3KdnziPc4I73VfEcFJa59X?si=vYgrOEraQD-NjcoXA2a7Lg&dl_branch=1&nd=1

Google Podcasts: https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS84ZTZTcGREcw?sa=X&ved=2ahUKEwiuz4ifzpLxAhVklGMGHb4HAdwQ9sEGegQIARAD

Amazon Music: https://music.amazon.com/podcasts/4b89fb71-1836-414e-86f6-1116324dd7bc/Legal-Talks-by-Desikanoon

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Sources of International Law Explained

Episode 200

Thursday, June 29, 2023 • Duration 14:07

Opinio Juris - https://www.youtube.com/watch?v=TkR4j43Qmms

Pacta Sunt Servanda - https://www.youtube.com/watch?v=CPftp4WnmVQ

Telegram: https://t.me/Legal_Talks_by_DesiKanoon

What is Jus Cogens in International Law?

Episode 199

Tuesday, June 27, 2023 • Duration 07:19

This episode discusses the concept of Jus Cogens in International Law.

What is Pacta Sunt Servanda?

Episode 198

Tuesday, June 27, 2023 • Duration 06:32

This Episode explains the meaning of the Oldest Doctrine in Public International Law, Pacta Sunt Servanda, its relevance and exceptions.

What is the Meaning of Opinio Juris in International Law?

Episode 197

Friday, June 23, 2023 • Duration 07:37

Latin Term – Meaning – “Opinion that an act is necessary by rule of law” or opinion of law. It is considered to be a belief that the practice is obligatory. This belief in the mandatory nature the conduct or practice may be termed Opinio Juris.

Importance and Relevance – To decide whether a custom has become a source of International Law or not.

What is Custom?

‘Custom’ is one of the many sources of International Law. It means a long established and commonly adopted practice that has acquired the force of law.

Also finds mention in Article 38 (b) of the ICJ Statute that states that International Courts must apply international customs in their decisions, wherever possible and wherever it is a general practice accepted as law either in domestic laws or treaties or international agreements.

Three types – general, regional and local.

General Customs are followed in most of the places and jurisdictions.

Regional Customs are followed in a particular region. North America may have its own Regional Customs distinct from South America or Asia.

Local Customs have limited influence in a geographical area. India Pakistan and Sri Lanka may have a local custom that may not be followed anywhere else.

The existence of a custom can be deduced from the practice and behaviour of states. Such custom becomes part of International Law when it is a State Practice and opinio juris.

State Practice + Opinio Juris = New Customary Rule of International Law

Important International Organizations and Treaties of 20th Century

Episode 196

Friday, June 23, 2023 • Duration 11:31

1. 1958 – The United Nations Office for Outer Space Affairs (UNOOSA) is an office of the U.N. Secretariat that promotes and facilitates peaceful international cooperation in outer space. It is part of the UN that was established in the year 1945. If aliens actually visit the Earth, this will be the competent organization to deal with the same. Visionary approach of United Nations.

2. 1960 – Establishment of Latin American Free Trade Association (LAFTA) by the Treaty of Montevideo. This treaty provided for new foreign investment rules and restrictions on operations of foreign firms in Latin American countries. It was later transformed into Latin American Integration Association. Currently, it has 13 member states.

3. 1967 – Establishment of Association of Southeast Asian Nations (ASEAN) initially as a security association since at that point of time, entire Southeast Asia was beset with conflicts. It is currently a political and economic union of 10 member states including Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines and Singapore.

4. 1967 – Signing of the Outer Space Treaty or the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. Currently, there are 113 parties to this convention. Key provisions of the Outer Space Treaty include prohibiting nuclear weapons in space; limiting the use of the Moon and all other celestial bodies to peaceful purposes; establishing that space shall be freely explored and used by all nations; and precluding any country from claiming sovereignty over outer space or any celestial body.

5. 1969 – Adoption of Vienna Convention on the Law of Treaties (VCLT) that introduced the concept of ‘jus cogens’ in International Law. VCLT is one of the most important treaties in International Law. Currently, there are 116 parties to this convention.

6. 1972 – United Nations Conference on the Human Environment at Stockholm, Sweden. The United Nations Environment Programme (UNEP) was created as a result of this conference. Around 122 countries attended it. Its success lies in the fact that in 1972, environmental governance was not seen as an international priority and still it was able to bring on board so many countries.

History of Modern International Law in 19th and 20th Centuries

Episode 195

Wednesday, June 21, 2023 • Duration 08:39

1. 1815 – Congress of Vienna – Series of international diplomatic meetings to discuss a new European order post the downfall of Napoleon that led to agreements on national boundaries within Europe, Neutrality Pacts, freedom of navigation.

2. 1823 – Monroe Doctrine by James Monroe, then President of US - Any intervention by external powers in the politics of the Americas is a potentially hostile act against the US.

3. 1824 – Calvo Doctrine – Jurisdiction in international investment disputes lies with the country in which the investment is located. (Carlos Calvo, Argentine Jurist). Used mostly in International Investment Law.

4. 1842 – Treaty of Nanking – Ended the First Opium War between Britain and Qing Dynasty – Its provisions involved cession of Hong Kong to the crown. Was considered an unequal treaty.

5. 1864 – First Geneva Convention for the Amelioration of the Condition of the Wounded in Armies in the Field.

6. 1865 – Establishment of International Telegraph Union to deal with international interconnection, standardization of equipment, tariffs etc.

7. 1871 – Sino-Japanese Friendship and Trade Treaty – Mutual pledge for friendship and cooperation, exchange of ambassadors, trade related provisions.

8. 1899 – First Hague Peace Conference – Establishment of Permanent Court of Arbitration.

9. 1914-1918 – First World War

10. 1919 – Treaty of Versailles – Disarmament of Germany, payment of reparations by Germany, territorial concessions etc.

11. 1920 – Paris Peace Conference – Establishment of League of Nations – a worldwide intergovernmental organization to maintain world peace.

12. 1920 - Establishment of Permanent Court of International Justice.

13. 1923 - Establishment of the Hague Academy of International Law

14. 1928 – Kellogg-Briand Pact – International Agreement on peace – was aimed at preventing the second world war.

History of Modern International Law - Part I

Episode 194

Tuesday, June 20, 2023 • Duration 12:13

History of Modern International Law till the end of 18th century

Authority of the Organized Church was beginning to be challenged as there were constant struggles between religious authorities and rulers known as Crusades (12th and 13th centuries).
Introduction of Modern Printing in the 15th Century disseminated knowledge undermining feudalism.
Renaissance – 15th Century
Treaty of Tordesillas – 1493 – Between Isabella I of Castile, Ferdinand II of Aragon and John II, King of Portugal establishing a new boundary or demarcation line.
Development of Concept of ‘Sovereignty’ by scholars like Bodin, Machiavelli, Hobbes etc. (15th and 16th centuries).
Increase in the number of independent states led to formation of customary rules of International Law involving diplomatic relations. Earlier, International Law was called ‘Law of Nations’.
Treaty of Amasya establishing peace – 1555 – Between Ottomans and Safavids after their war.
International Law was influenced by Natural Law (Inherent Law or Higher Law based on God, Nature and Reason) (15th and 16th centuries). Important scholars like Vittoria, Belli, Brunus, Suarez, Gentilis were present during this period.
Formation of Dutch East India Company – 1602 – Colonial Expansion.
Establishment of lex mercatoria by Britain as international trade was increasing at a frantic pace.
The greatest of the early writers is Hugo Grotius and is often called the father of International Law (16th and 17th centuries).
De Jure Belli ac Pacis (1625) by Grotius dealt with actual customs that were followed by the states of the day.
The concept of Freedom of Seas was also explained and put forth by Grotius through his work Mare Liberum (1609).
Peace of Westphalia – 1648 – Two treaties signed in the Westphalian cities of Osnabruck and Munster ending the thirty years war that brought peace to the Holy Roman empire.
Peace of Utrecht – 1715 – Series of treaties – Between Great Britian, France, Portugal and Spain for end of War of the Spanish Succession.

Early History and Roots of International Law

Episode 193

Monday, June 19, 2023 • Duration 08:22

S. No.

Timeline

Treaty Between/Reign

Treaty Regarding/Remarks

2600 BC

Rulers of Ancient Sumerian Cities of Lagash and Umma (Modern Iraq) Border treaty defining boundary marks, found on a stone block.

1200 BC

Egyptian–Hittite Peace Treaty between

Pharaoh Ramesses II of Egypt and King Ḫattušili III of the Hittites

Establishment of Peace, Respect for Territorial Integrity, No State Aggression, Defensive Alliance

800 BC

Prophet Isaiah of Ancient IsraelHe said that Agreements must be respected, even when made with the enemy.

Around same time

Hellenistic/Greek CivilizationNumerous treaties linked the city-states together in a network of commercial and political associations

Around 30 BC to 476 AD

Roman Empire

Jus civile – Early Law that applied only to Roman citizens.

Jus gentium – Simplified rules to govern the relations between foreigners and citizens. (Instrument – Preator Peregrinus)

Later on, jus gentium became the norm and jus civile took the backseat.

Natural Law was incorporated in the Roman Law to serve as the ultimate justification for jus gentium (rational principles common to all civilized nations).

Early Islamic World

Legal Talks by Desikanoon – Details, episodes & analysis

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Legal Talks by Desikanoon – Details, episodes & analysis

Podcast details

Recent rankings

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