Public International Law Undergradutae

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Transcript of Public International Law Undergradutae

Page 1: Public International Law Undergradutae

GALGOTIA UNIVERSITYSCHOOL OF LAW

SYLLABUS

Course Title: Public International Law Course Code: LLB 204

LLB Semester II

1.0 Course Description

Public international law concerns the structure and conduct of sovereign states; analogous

entities, and intergovernmental organizations. International law also may affect multinational

corporations and individuals, an impact increasingly evolving beyond domestic legal

interpretation and enforcement. Public international law has increased in use and importance

vastly over the twentieth century, due to the increase in global trade, environmental

deterioration on a worldwide scale, awareness of human rights violations, rapid and vast

increases in international transportation and a boom in global communications. The field of

study combines two main branches: the law of nations (jus gentium) and international

agreements and conventions (jus inter gentes), which have different foundations and should

not be confused. In its most general sense, international law "consists of rules and principles

of general application dealing with the conduct of states and of intergovernmental

organizations and with their relations inter se, as well as with some of their relations with

persons, whether natural or juridical.

2.0 Course Objective

This course is intended to attain the understanding of concepts , theories and judicial

response with regard to public International Law. It primarily aims to:

To understand Nature of International Law- Is International law True Law

To identify basis of International law

To know sources of PIL

To understand concept of Recognition, Succession, Intervention, Extradition,

Asylums

To understand the role of International Organisation

3.0 Course Outcome

After completion of this paper student will be in a position to appreciate the role of Public

International Law. He will understand the importance of International Law & Organisations.

4.0 Evaluation Scheme

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(A) Continuous Evaluation:

(i) CAT I and CAT II 10 +10

(ii) Projects

(15 marks for projects+5 marks for presentation) 20

(B) End- Semester Examination 60

Total 100

5.0 Pedagogy

A various learning methods will be used which will emphasize a cooperative learning format.

Student led discussions and presentations will be combined with instructor facilitated

experiences and lectures. Specific methods include:

Class Room Discussion

Presentations

Case Laws

Case Observation

Projects

Seminar

6.0 Syllabus

Module 1

Introduction

1.1 Nature of International Law, Basis of International Law

1.2 Evolution and Development of International Law, Codification of International Law

1.3. Relation between International Law and Municipal Law

1.4. Subjects of International Law

Module 2

Sources of International Law

2.1 General

2.2 Custom

2.3 Treaties

2.4 The General Principles of Law

2.5 Judicial Decisions

2.6 Juristic Work on International Law

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2.7 General Assembly Resolutions and Declarations

Module 3

Recognition and Succession

3.1. Recognition of States- Concept, Modes of Recognition

3.2. Theories of Recognition, Recognition of Belligerency, Insurgency, Legal Effects

of recognition

3.3. Doctrines of recognition, Indian Practice Relating to Recognition

3.4. State Succession- Meaning, Kinds of Succession, Theories of State Succession

Module 4

Intervention

4.1. Concept of Intervention, Grounds of Intervention

4.2. Global Practices Regarding Intervention

4.3 Intervention under League of nation and UN

Module 5

Extradition and Assylum

5.1. Concept of Extradition

5.2. Basis and Principles of Extradition

5.3. Meaning of Asylum and Rights

5.4. Extra territorial and Diplomatic asylum

Module 6

Law of Sea-

6.1. Introduction and Problems

6.2. Exclusive Economic Zone

6. 3. Continental Shelf

6.4. High Seas and law of Sea

6.5. Contiguous Zone

Module 7

International Organisation- Origin, Structure and Function

7.1. Origin, Purpose and Principles of UN

7.2. General assembly composition, Function and Power

7.3 Security council, Composition, Function and power

7.4. Ecosoc , Composition, Function and power

7.5. Trusteeship Council Composition, Function and power

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7.6International Court of Justice References:

1. Akehust’s Modern Introduction to International Law, Ed. By Peter Malanczuk, 7th

Edition, (Revised)

2. Alina Kacxorowska, Public International Law 150 Leading Cases, Old Bailey Press,

2002.

3. Bowett D.W., The Law of International Institutions, 4th Edition, 2003, Universal.

4. Brownlie, Ian (2003) Principles of Public International Law, Oxford University Press,

6th Edition.

5. David D. Caron, Cases & Materials on International Law.

6. Oppenheim, International Law (Vol. I & II)

7. Starke J.G., Introduction to International Law.

8. M.P. Tandon, Public International Law, 16th Edition, (2005), Allahabad Law Agency.