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Master of Laws (LL.M.)
(Duration -2 years)
MISSION STATEMENT
The mission of the VBU Law College is to advance the study of law-
through interdisciplinary academic study, through commitment to excel in
liberal and professional education, through cooperative study involving
teachers, researchers, members of Bar and Bench, civil society organizations
and theorists.
OBJECTIVE
The objectives of the Master of Laws programme are as follows:
The students not only know the law but also can to use it in the
best interest of multicultural society
Build analytical foundation of the students to enter into the
theoretical world of legal discourse. Thus enable them to critically
examine the existing dogmas and belief and create new
foundations.
GENERAL INSTRUCTIONS
The Master of the Laws (LL.M.) course running under the aegis of
Vinoba Bhave University Law College will be a full time course of study
spreading over a period of four (4) academic semesters each of 6 months
duration. The course cannot be pursued simultaneously with any other full‐time
course or employment.
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ADMISSION SCHEDULE
Admission to the LL.M. course shall be ordinarily made in the
first semester at the beginning of each academic year. The
admission notification and advertisement for the same is expected
in the first week of April.
ELIGIBILITY CRITERIA
A candidate seeking admission to the course must possess a
Bachelor Degree in the field of law with a minimum of 45% marks
or equivalent grade / CGPA. The same for SC/ST/PH candidates
shall be 45%. Rounding off of marks will not be allowed.
Only such candidates, who possess a bachelor degree of law for
many recognized Indian or foreign University incorporated by any
law for the time being in force or such other examinations has
been recognized equivalent, shall be considered for admission.
Candidates appearing for bachelor degree (law) examination or
those awaiting for result, are also legible. However, if such a
candidate secures a seat, his/her admission shall be provision a
land will be confirmed only when all the prerequisites for
admission are fulfilled within the stipulated time frame as decided
by the University.
DISTRIBUTION OF SEATS
The total number of candidates to be admitted in the LL.M. shall
be Forty (40) with the distribution as per the reservation policy of
the University.
The University reserves the right to make special provision for
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admission to candidates belonging to any other disadvantaged
group/s.
ADMISSION PROCESS
Admission will be made purely on the basis of candidate’s
performance in the VBU Law College test either in form of
written/merit for the concerned course.
Details regarding Admission Notification, Mode of Application,
Last Date for receiving application forms, Application Fee,
Entrance Examination Syllabus, Exam Date, Test Centres,
Publication of Result and Counseling shall be followed in
accordance to the schedule and guidelines of VBU Law College.
Admission Deadlines shall be notified accordingly.
Classes shall commence from the 1st or 2nd week of July at the
VBU Law College Campus, Hazaribagh.
IMPORTANT INSTRUCTIONS
The medium of instruction, examination, viva-voce, interview or
any other academic activity relating to the course shall be English.
A student admitted to the course must attend a minimum of 75%
of the lectures, seminars and tutorials conducted in the VBU Law
College. Apart from this, field work or library visits also form a
mandatory part of the course. Failure in fulfilling these
requirements nullify the entitlement of a candidate for appearing
in the written examination or viva-voce or both.
If at any time, it is discovered that a candidate has made false or
incorrect statement(s) or any fraudulent means have been used for
securing admission his/her name shall be immediately removed
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from the rolls of the University. The VBU Law College may also
recommend for removal of the name of a student from the course
on the basis of unsatisfactory performance or indiscipline or on
grounds of medical unfitness or any other activity deemed
unsuitable or erroneous.
Ragging is totally banned at the VBU Law College campus
including its departments/centres, constituent units, all its premises
(academic, residential, sports, canteenetc.) whether located within
the campus or outside and in all means of transportation of
students whether public or private, and anyone found guilty of
ragging and/or abetting ragging is liable to be punished including
immediate cancellation of admission or suspension.
CHOICE BASED CREDIT SYSTEM (CBCS)
Under the Choice Based Credit System of education, students apart from
their corecourses, have the freedom to opt and study any other course offered
by the VBU law College of their choice as long as they fulfill the
prerequisites for that course.
According to established norms of the UGC and incorporated in the VBU
Law College :
OneCreditisequalto15 hours of instruction per semester either in
the form of lecture or tutorial and it shall include time devoted in
field study or library visit during the writing of Dissertation.
The VBU Law College, LL.M. programme will follow the Choice
Based Credit System (CBCS) of education and shall be divided as
follows:
Core Course :
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Core courses are those, knowledge of which is deemed essential
for students registered for a particular programme. Core courses
shall be mandatory and a student must pass in all the core courses.
Each core course shall be of 4 credits (3 Lecture+ 1Tutorial).
Research Dissertation shall carry 8 credits (2 Tutorial+6
Practical).
Elective Course:
Elective courses are intended to allow students to specialize in one or
more branches of the broad subject area or acquire knowledge and skill in a
related area that may have applications in the broad subject area or bridge any
gap in the curriculum and enable acquisition of essential skills or help pursue
an area of interest of the student.
The VBU Law College elective courses shall be classified in two
categories i.e. Human Rights Law and Environment Law
SCHEME OF EXAMINATION AND EVALUATION
The LL.M. programme shall consist of 12 courses along with
compulsory submission of are search dissertation at the end of the final
semester. For evaluating the enrolled students GRADING SYSTEM shall be
followed.
THE ORITICAL COURSES
For every theoretical course (either core or elective), there shall be an
End Semester Exam at the completion of every semester. Prior to that, there
shall be a sessional test. The sessional test would carry 30% weight age where
as the End Semester Exam will account for there maining 70% of the
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evaluation.
End Semester Exam :
There shall be one End Semester Examination of 3 hours duration
carrying 70% evaluator weight age for each theoretical course. It shall cover
the entire syllabus prescribed for the course.
Sessional Tests :
For every theoretical course, there shall be a sessional test. The sessional
test shall not be limited to questions and answer format. The concerned faculty
may incorporate innovative methods to test the analytical skills of the students. It
may include book reviews, term papers, presentation etc.
DISSERTATION COURSES
Every student enrolled in the LL.M. programme, shall have to
mandatorily submit a concisere search dissertation (not exceeding 150 pages) at
least a fortnight before the commencement of end semester examination of the
4th semester. The dissertation shall carry weight age equivalent to two
theoretical papers.
Before final submission of dissertation, every student shall present a
synopsis of there search topic at the department. The faculty members shall
ensure that overlapping of the research topic be strictly avoided. Dissertation
shall be in the area of the specialization.
The dissertation shall be evaluated jointly by the supervisor and one
external examiner. In the course of evaluation 60% weight age will be awarded
for assessing the quality of dissertation, 20% for its presentation and 20% for
viva-voce/ interview concerning the topic of dissertation.
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Master of Laws (LL.M.)
(Duration -2 years)
COURSE STRUCTURE AND CREDIT DISTRIBUTION
SEMESTER -I
Sl. NAME OF THE COURSECREDIT DISTRIBUTION
TOTALLecture Tutorial Practical
1.Philosophical Foundation of Indian
Constitution3 1 0 4
2. Foundations of International Law 3 1 0 4
3. Jurisprudence 3 1 0 4
4. Research Methodology 3 1 0 4
GRAND TOTAL 16
SEMESTER –II
Sl. S NAME OF THE COURSECREDIT DISTRIBUTION
TOTALLecture Tutorial Practical
1. General Themes and
Principles of
International Human
Rights Law3 1 0 4
2.Climate Change Law
and Policy
International
Humanitarian Law3 1 0 4
3.Natural Resources
Conservation Law
Human Rights and
Duties in India3 1 0 4
4.
Global Environment
Governance
Law and Social
Transformation in
India
3 1 0 4
GRAND TOTAL 16
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SEMESTER –III
Sl. S NAME OF THE COURSECREDIT DISTRIBUTION
TOTALLecture Tutorial Practical
1.Biological Diversity and
Legal Order
Human Rights
Law and Tribal
Peoples
3 1 0 4
2.Prevention and Control
of Pollution
Refugee Law3 1 0 4
3.Trade and Environment
Human Rights Law and
Tribal Peoples
Women and
Human Rights and
Duties
3 1 0 4
4.Environmental Dispute
Resolutions
Working Class and
Human Rights 3 1 0 4
GRAND TOTAL 16
SEMESTER –IV
Sl. SUBJECT
CODE
NAME OF THE COURSECREDIT DISTRIBUTION
TOTALLecture Tutorial Practical
1. Library Study/ Field Work
based Dissertation0 2 6 8
GRAND TOTAL 8
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PHILOSOPHICAL FOUNDATION OF INDIAN CONSTITUTION
Theory of Constitutionalism : Concept Context and Content;
Constitutionalism in India
Federalism: Concept of Federalism, Indian Constitution and its
Federal Nature, Comparative Study with USA and Australian
pattern,, Comparative Federalism.
Distribution of Legislative Power: The scheme of the distribution
of legislative powers in India and a comparative study of the
scheme of U.S.A. and Australia. The judicial approach and the
present position in Indian Context. Recommendation of Sarkaria
Commission & Venkatachaliah Commission, Punchhi Commission
The Judiciary: Independence of Judiciary and the Nature of
Judicial Process, Decision Making in the Supreme Court, Judicial
Activism , Accountability
Right to Equality: Scope of the right to Equality. New approach
of Article 14. Equality of opportunity in matters of public
employment and in admission to educational institutions.
Freedom of Speech and Expression: The area of freedom and its
limitation. Freedom of Press and challenges of new scientific
development.
Emerging regime of new Fundamental Rights: The changing
dimension of right to life and Personal Liberty. Reading Directive
Principles and Fundamental Duties into Fundamental rights.
Right to Freedom of Religion: The scope of the freedom and the
State Control. Secularism and religious fanatism.
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Suggested Readings :
U. Baxi, The Indian Supreme Court and Politics (1980), Eastern,
Lucknow.
H.M. Seervai, Constitutional Law of India (1991), Tripathi,
Bombay.
Sudha Bhatnagar, Union-State Financial Relations and Finance
Commissions, (1979)
Ashok Chandra, Federalism in India, (1965)
V.D. Sebastian, Indian Federalism: The Legislative Conflicts Chs.
6-7 and 8 (1980).
Chandrapal, Centre-State Relations and Cooperative Federalism,
Chs. 5 and 8 (1983)
G.C.V. Subba Rao, Legislative Powers in Indian Constitution Law,
Chs. 37, 38, 39 (1982)
Richard M. Pious, The American Presidency, 293-331, Ch. 9
(1979)
Daniel J. Elazar, American Federalism, Chs. 3 and 4 (1984)
K.P. Krishna Shetty, The Law of Union-State Relations and the
Indian Federalism Ch.
M.P. Jain, Indian constitutional Law (1994), Wadhwa.
Judicial Activism in India : Transgressing Borders and Enforcing
Limits : S. P. Sathe, OUP India, Paperback-November 6, 2003.
The Indian Constitution : Cornerstone of a Nation (Law in India
S.) : Granville Austin, OUP India, Paperback-October 1999.
Subverting the Constitution : G. G. Mirchandani, Abhinav
Publications, Paperback-June 16, 2003.
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Justice V. R. Krishna Iver on Fundamental Rights and Directive
Principles : S. Chander, Deppt & Deep Publications. Hardcover-
September 1, 2002.
The Constitution of India : V. Grover, Deep & Deep Publications,
Hardcover-Septemver 1, 2002
The Indian Constitution and International law (International Law in
Asian Perspective) : P. Chandrasekhara rao, Brill, Hardcover-
January 1995.
Fifty Years of the Supreme Court of India : Its Grasp and Reach :
Indian Law Institute (Editor), OUP India, Hardcover-November
2000
FOUNDATION OF INTERNATIONAL LAW
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Historical Introduction an introduction to the international legal system,
The use of force and development and enforcement of international law
Sources of International Law formation and ascertainment of customary
international law; treaties and other special commitments; general
principles; acts of international organisations; unilateral acts; hierarchy of
and relation between sources of law (obligations ergaomnes, peremptory
norms (jus cogens), etc).
International Law in Domestic Courts the constitutional framework;
justifiability and act of state doctrine; treaties and customary international
law in the cases before the domestic courts; international law in specific
domestic practice areas (with special reference to Indian Judicial
Approach).
Persons Statehood (creation, continuity and extinction); governments;
representation of people; recognition; international organisations (status
and personality); self-determination; other subjects of international law
(groups, individuals, etc); continuity of legal personality.
Jurisdiction and Immunity extent and limits on state jurisdiction;
exclusivity of jurisdiction; enforcement jurisdiction and its alternatives
(intervention, etc); jurisdiction over international spaces; immunities from
jurisdiction
Responsibility basis of responsibility; the ILC Articles on State
Responsibility; claims; remedies, especially countermeasures;
responsibility of international organisations.
Suggested Readings :
Arend, Anthony Clark and Robert J. Beck, International Law and
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the Use of Force:Beyond the UN Charter Paradigm (Routledge,
New York, 1993).
Arend, Antony, Clark and Robert J. Beck, International Law and
the Use of Force: Beyond the UN Charter Paradigm (Routledge,
New York, 1993).
Anghie, Antony, Imperialism, Sovereignty, and the Making of
International Law (Cambridge University Press, Cambridge, UK,
2004).
Balkrishna, Rajgopal, International Law from Below:
Development, Social Movements and Third World Resistance
(Cambridge University Press, UK, 2004).
Brierly, J. L., Law of Nations: An Introduction to the Law of
Peace, 6th ed (Oxford University Press, London, 1998).
Brownlie, Ian, Principles of International Law, 5th ed (Oxford
University Press, London, 1998).
Chesterman, Simon, Just War or Just Peace? Humanitarian
Intervention & International Law (Oxford university press, 2001)
Chimni, B. S., International Law and Wrold Order: A Critique of
Contemporany Approaches (Safe, New Delhi, 1993)
Conforti, Benedetto, The Law and Practice of the United Nations
(Martinus Nijhoff Publishings, 2005).
Cherhine, North and Fawcett, James, Private International Law
(Carruther Jawrr, Oxford, 2008). 21. Dixit, R.K. & Jayaraj, C,
Dynamics of International Law in the New Millennium (Manak
Publications, New Delhi,
Dixit, R.K. , Shankardass, R.K.P., Jayaraj, C & Sinha, Manoj K.,
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International Law: Issues and Challenges( ISIL & Hope India
Publications, New Delhi, 2009)
Govindraj, V. C., Conflict of Laws in India-Interterritorial and
Inter-personal Conflicts (Oxford University Press, New Delhi,
2011)
Green, L. C., International Law through the Cases, 3rd ed (Stevens
and Sons, London, 1970).
Harris, D. J., Cases and Materials on International Law, 6th ed
(Thomson and Sweet and Maxwell, London, 2004).
Nirmal B C, The right to self-determination in international law:
evolution, U.N. law and practice, new dimensions, Deep & Deep
Publications, , 2007,
JURISPRUDENCE
Introduction :
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Jurisprudence: Definitions, Difficulties in Defining
Jurisprudence; Legal Theory: Its Definition, Law and Ethics, Law
and Morality, Law and Justice; Jurisprudence and Legal Theory:
Similarities and Dissimilarities
Nature and Scope of Jurisprudence
Natural Law School :
Basic Tenets of the Natural Law School
Thomas Aquinas, John Finnis, Lon Fuller
The Analytical School :
Legal Positivism
John Austin, Jeremy Bentham, H. L. A. Hart, Hans Kelson.
Dworkin
The Historical School :
Basic Tenets of the School
Fried rich Karl Von Savigny, Henry Maine
The Sociological School :
Basic Tenet Sociological School
Roscoe Pound
The Realist School :
Basic Tenet of the School
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Challenges to Traditional Legal Theory
Critical Legal Theory
Post Modernism
Feminist Jurisprudence
Concept of Justice : Rawls, Amartya Sen, Nozick
Concept of Rights and Duties: Hohfeld’s Analysis
Suggested Readings :
Agarwal, K. B., Sociological Jurisprudence and Legal Philosophy,
Universal Book Company, Jaipur, 1993.
Agarwal, Nomita, Jurisprudence: Legal Theory, Eight Edition,
Central law Publications, Allahabad, 2010.
Austin, John, The Province of Jurisprudence Determined,
Universal Publishing Company, Delhi, 2005.
Austin, John, The Province of Jurisprudence Determine and the
Uses of the Study of Jurisprudence, Weidenfeld and Nicolson,
London, 1954.
Bhargava, Rajeev, Michael Dushe, Helmut Reifieldet. al., Justice-
Political, Social, Juridical, Sage Publications Inc., New Delhi,
2008.
Bentham, Jeremy, A Fragment of Government; or, A Commenton
the Commentaries, Second Edition, W. Pickering, London, 1823.
Bix, Briann, Jurisprudence: Theory and Context, Sweet and
Maxwell, London, 2006.
Boderheimer, Edgar, Jurisprudence the Philosophy and Method of
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the Law, Universal Law Publications, New Delhi, 2006.
Buyse, Antoine, Michael Hamilton, et.al., Transitional
Jurisprudence and the ECHR- Justice, Politics and Rights,
Cambridge University Press, New York, 2011.
Coleman, Jules, The Practice of Principles: In Defense to
Pragmatic Approachto Legal Theory, Oxford University Press,
Oxford University Press, Oxford, 2001.
Detmold, M. J., The Unity of Law and Morality: A refutation of
Legal Positivism, Routeledge and Kegan Paul, London, 2001.
Dhyanni, S.N., Fundamentals of Jurisprudence-The Indian
Approach, Third Edition, Central Law Agency, Allahabad, 2011.
Dickson, Julie, Evaluation and Legal Theory, Hart Publishing,
Oxford,2011.
Doherty, Michael, Jurisprudence-The Philosophy of Law, Old
Bailey Press, London, 2011.
Dwivedi, S.P., Jurisprudence and Legal Theory, Fifth Edition,
Central Law Publications, 2007.
Freeman, M. D. A., Lloyd’s Introduction to Jurisprudence, Sweet
and Maxwell, London, 2001.
George, Robert, PI (Ed.) The Autonomy of Law: Essayon Legal
Positivism, Clarendon Press, Oxford, 1995.
Hart, H.L.A., The Concept of Law, Second Edition, Oxford
University Press, New Delhi, 2010.
Holland, K.C. Thomas Erskine, The Elements of Jurisprudence,
Thirteenth Edition, Universal Law Publications, New Delhi,
Central Law Publications, Allahabad, 2011.
Koul, Avtar Krishen, A Text book of Jurisprudence, Satyam Law
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International, New Delhi, 2009.
Paranjpee, N.V., Studies in Jurisprudence and Legal Theory, Sixth
Edition, Central LawAgency, Allahabad, 2011.
Paton, G.W., Text Book on Jurisprudence, Oxford University
Press, New Delhi, 2007.
Ratnapala, Suri, Jurisprudence, Cambridge University Press India
Private Limited, New Delhi, 2011.
Rawls, John, A Theory of Justice, Universal Law Publishing
Company Private Limited, Delhi-2011.
Simmonds, Nige lE., Central Issues in Jurisprudence, Third
Edition, Sweet and Maxwell Limited, London, 2010.
Tebbit, Mark, Philosophy of Law, Second Edition, Routledge, New
York, 2005.
Tiwari, G. S., A Textbook of Jurisprudence, Second Edition,
Central Law Agency, 2010.
Tonapi, Neena Madhav, Textbook on Jurisprudence, Universal
law Publishing Company Private Limited, 2010.
GENERAL THEMES AND PRINCIPLES OF INTERNATIONAL
ENVIRONMENTAL LAW
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Introduction:
Environment Law –An Overview
Sources of Environment Law:: Law of Treaties, Customary
International Law, General Principles of Law, Judicial Decisions
and Qualified Teachings
Sovereignty over Natural Resources
Obligation Notto Cause Damage
Principles of Preventive Actions and Precaution
Polluter Pay Principles and Equitable Sharing of Cost
Public Trust Doctrine
Sustainable Development
Equitable Utilization
Common but Differentiated Responsibilities
Access to and Benefit Sharing regarding Natural Resources
Common Heritage and Common Concern of Humankind
Good Governance
Suggested Readings :
Birnie, P. and Boyle, A. E.(2002) International Law and the
Environment, 2nd edition, Oxford: Oxford University Press.
Sands Phillppe, Jacqueline Peel, Adriana Fabra Aguila ,
(2012), Principles of International Environmental Law,
Oxford: Oxford University Press.
WEISS, EDITH BROWN. "INTERNATIONAL ENVIRONMENTAL
LAW: CONTEMPORARY ISSUES AND THE EMERGENCE OF A
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NEW WORLD ORDER." GEORGETOWN LAW JOURNAL, VOL.
81, NO. 3 (MARCH, 1993): PP. 675-710.
PETSONK, CAROL ANNETTE. "ROLE OF THE UNITED NATIONS
ENVIRONMENT PROGRAMME (UNEP) IN THE DEVELOPMENT OF
INTERNATIONAL ENVIRONMENTAL LAW." AMERICAN UNIVERSITY
JOURNAL OF INTERNATIONAL LAW AND POLICY, VOL. 5, NO. 2
(1990): PP. 351-392.
Schrijver Nico, Sovereignty Over Natural Resources
Balancing Rights and Duties , Cambridge University Press
(2008).
Robinson F Daniel, Biodiversity, Access and Benefit-
Sharing: Global Case Studies, Routledge (2015)
RESEARCH METHODOLOGY
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Research:
Conceptual Understanding and Objectives
Types of Research- Fundamental, Applied, Empirical, Conceptual,
Exploratory and Explanatory
Approaches of Research-Qualitative, Quantitative, Pragmatic,
Participatory
Doctrinal and Non-Doctrinal Research
Key Factors in Socio-Legal Research :
Etic and Emic Perspective in Research
Reflexivity in Social Research
Relevance of Cultural Relativism in research
Avoiding Ethnocentrism in Research
Ethics and Moral in Conducting Research-Intellectual Property
Right Issues, Informed Consent, Confidentiality and Privacy,
Plagiarism and other malpractices
Jurimetrics : Concept and Aspects
Research Techniques :
Inductive and Deductive Method of Research
Cross-Cultural Comparison
Historical Method
Triangulation Technique
Survey: Concept, Types, Difference with ethnographic
research methods, Merits and Demerits
PRA/PLA and RRA
Projective Testing Techniques
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Judicial Impact Assessment
Research Design :Basic Concept and Types, Major Steps in
formulating Research design
Sampling: Basic Understanding, Merits, Demerits and its basic
types
Data Collection Techniques: Observation, Interview, Schedule,
Questionnaire, Case study, Library Method, Genealogical Table
Method
Quantative Analysis of Data
Qualitative Analysis of Data
Research Methodology :
Hypothesis: Concept and its importance in research
Pilot Study
Concept Mapping
Rapport Establishment
Relevance of Bibliographical and Literature Review (including
juristic literature and decisional material which have not been
over-ruled)
Report Writing :
Key factors that must be taken in to consideration while preparing
dissertation/research report.
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Ahuja, Ram: Research Methods, Rawat Publications, Jaipur, India.
Bernard, H Russell: Research Methodsin Anthropology:
Qualitative And Quantitative Approaches, Rowman Altamira.
Bernard, H. Russell: Social Research Methods: Qualitative and
Quantitative Approaches, SAGE Publications.
Colman, Andrew M. and Briony D. Pulford: A Crash Course in
SPSS for Windows: Updated for Versions 14, 15, and 16, John
Wiley & Sons.
Cooley, Linda: Dissertation Writing in Practice-Turning Ideas Into
Text, Hong Kong University Press.
Danda, Ajit K.: Research methodology in anthropology, Inter-India
Publications.
Ember, Carol R. and Melvin Ember: Cross-Cultural Research
Methods, Rowman Altamira.
Fischer, Michael D.: Applications in Computing for Social
Anthropologists, Routledge Publication.
Goode, William Josiah and Paul K. Hatt: Methods in Social
Research, Mc Graw Hill.
Hinton, Mark Justice :Windows 7 For Seniors For Dummies, John
Wiley & Sons.
Johnson, Steve: Microsoft Windows 7: Complete, Cengage
Learning.
Kirkpatrick, Lee A. and Brooke C. Feeney: A Simple Guide to
SPSS: For Version 17.0, Cengage Learning.
Lecompte, Margaret D. and Jean J. Schensul: Designing &
Conducting Ethnographic Research: An Introduction, Rowman
Altamira.
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Madrigal, Lorena : Statistics for Anthropology, Cambridge
University Press.
Mc Conville, Michael and Wing Hong Chui: Research Methods
for Law, Edinburgh University Press.
Mills,W. R.: Microsoft Windows 7a Beginner's Guide, Author
House.
Murray Michael D. and Christy Hallam De Sanctis: Legal research
methods, Foundation Press.
Murray, Robert Thomas and Dale L. Brubaker: Theses and
Dissertations-A Guide to Planning, Research, and Writing, Green
wood Publishing Group.
Murray, Rowena :How to Writea Thesis, McGraw-Hill
International.
Pallant, Julie: SPSS Survival Manual: A step by step guide to data
analysis using SPSS, Mc Graw-Hill International.
Pelto P. Jand G. HPelto: Anthropological Research: The Structure
of Inquiry, Cambridge University Press.
Poggie, John J. and Billie R. De Walt: Anthropological Research:
Processand Application, SUNY Press.
Shelly, Gary B. and Misty E. Vermaat: Microsoft Office 2010-
Introductory, Cengage Learning.
Shoup, Kate : Office 2010 Simplified, John Wiley & Sons.
Stanek,William:Windows 7: The Definitive Guide, O'Reilly Media,
Inc.
Starr, June and Mark Goodale: Practicing Ethnography in Law:
New Dialogues, Enduring Methods, Palgrave Macmillan.
Swetnam, Derek: Writing Your Dissertation-Howto Plan, Prepare
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and Present Your Work Successfully, How To Books Ltd.
Wang,Wallace:Office2010 For Dummies, John Wiley & Sons.
Young, V. Pauline : Scientific Social Surveys And Research, Phi
Learning.
CLIMATE CHANGE LAW AND POLICY
Introduction:
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The Science of Climate Change, Climate Change Problem. The
International Legal Regime of Climate Change
The Vienna Convention for the Protection of the Ozone Layer
1985 and the Montreal Protocol on the Substance that Deplete the
Ozone Layer
The Emergence of IPCC
The United Nation Framework Convention on Climate Change :
the historical background, objective, Conference of Parties (COP),
Subsidiary Bodies,
Kyoto Protocol: Legal Aspects of Carbon Trading
Kyoto and Beyond
UN REED programme
Global Environment Fund
National Law and Policy on Climate Change :
Status under International Environmental Law
Climate Change Impacts in India
Laws on Climate Change: The Environment Protection Act ; The
Air Act of 1981; The Ozone Depleting Substance (Control and
Regulation) Rules, 2010, Recycled Plastics Manufacture and Usage
Rules, 1999
National Action Plan on Climate Change 2008
India: Taking on Climate Change – Post Copenhagen Domestic
Actions, 30 June 2010
India’s 12th Five-Year Plan, October 2011
National Electricity Plan, January 2012
Integrated Energy Policy Report, 2006
India: Greenhouse Gas Emissions, 2007
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National Solar Mission (consequence of National Action Plan on
Climate Change), June 2010
Incentives for Wind Power, 2009, ceased March 2012
Solar Power Generation Based Incentive, 2008
Energy Conservation Building Code, 2007
Ethanol Production Incentives, 2007
Tariff Policy, 6 January 2006, amended 2011
National Electricity Policy, 3 February 2005
National Auto Fuel Policy, 2003
Suggested Readings :
Verheyen Roda, Climate Change Damage and International Law:
Prevention Duties and State Responsibilty, Martinus Nijhoff
Publishers (2007)
Lavanya Rajamani & Shibani Ghosh, India, in CLIMATE
CHANGE LIABILITY, 139-77 (Richard Lord et al. eds.,
Cambridge University Press 2011).
Indian Climate Change Policy (Exploring a Co-Benefits Based
Approach)
Dubash, Navroz K., D. Raghunandan, Girish Sant, and Ashok
Sreenivas. "Indian Climate Change Policy Exploring a Co-Benefits
Based Approach." Economic and Political Weekly (n.d.): n.
pag. Epw.in. Economic and Political Weekly, 1 June 2013. Web.
The Challenge of Environmental Regulation in India
Mejia, Robin. "The Challenge of Environmental Regulation in
India." Environmental Science and Technology (2009): n.
pag. Pubs.acs.org. ACS Publications, 9 Nov. 2009. Web.
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A Review of Energy Conservation Initiatives by the Government
of India
Nandi, P., and S. Basu. "A Review of Energy Conservation
Initiatives by the Government of India." Renewable and
Sustainable Energy Reviews 12.2 (2008): 518-30. Print.
Adaption to Climate Change in India
Ganguly, Kaushik, and Gyana Ranjan Panda. "Adaptation to
Climate Change in India: A Study of Union
Budgets." Oxfamindia.org. Oxfam, May 2010. Web.
U.S.-India Partnership to Advance Clean Energy: A Progress
Report (June 2012)
India’s Response to Climate Change: The 2009 Copenhagen
Summit and Beyond
Saha, Autri, and Karan Talwar. India's Response to Climate
Change: The 2009 Copenhagen Summit and Beyond. 2009. 159-
90. HeinOnline. Web.
Rosencranz, Armin, Dilpreet Singh, and Jahnavi G. Pais. “Climate
Change Adaptations, Policies, and Measures in India.” Climate
Change Adaptations, Policies, and Measures in India. N.p.:
Georgetown Environmental Law Review, 2010. 575-
90. HeinOnline. Web.
Wold, Chris, David Hunter, and Melissa Powers. "India’s Evolving
Climate Change Strategy." Climate Change and the Law. Newark,
NJ: LexisNexis Matthew Bender, 2009. N. pag. Print.
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NATURAL RESOURCE CONSERVATION LAW
Introduction: Resource Conservation-historical concerns in India,
Resource management problems in India.
Constitution and Common Law Principles: Right to Environment,
Recommendation of NCRWC, Law in relation to Nuisance, Criminal and
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Civil law principles relating to Environment protection, The Rule in
Ryland Vs Fletcher , Non-natural User
Water Conservation: Legal Issues and Challenges-Water Scarcity: Ground
Realities; Water Laws in India , Water Rights and the Indian Judiciary,
International Legal Regime on Water Conservation, New Water
Conservation Law: Possibilities and Challenges
Forest: Legal Issues and Conservation Strategies-National Forest Policy
1952, Forest Law and Policy, The Indian Forest Conservation Act, 1927,
Forest Conservation Act, 1980 Forest and Wildlife Protection Act, 1972,
Biological Diversity and Resource Conservation, Specific Rights of Forest
Dwellers, Joint Management of Forest: State’s- People approach,
International Law on the Issue of Forest Conservation.
Suggested Readings :
Bhat Sairam, Natural Resource Conservation Law, Sage : New
Delhi (2010)
Philippe Cullet, “Water Law in India: Overview of Existing
Framework and Proposed Reform”, Working Paper Series,
International Environmental Law Research Centre.
‘Canal Irrigation, Water User Associations and Law in India-
Emerging Trends in Rights Based Perspective’, in P. Cullet, A.
Gowlland-Gualtieri, R. Madhav, and U. Ramanathan (eds) Water
Governance in Motion, Cambridge University Press, New Delhi.
(2010)
Water Law and the Poor’ in Nandini Sundar (ed.), Legal Grounds’,
Oxford University Press, New Delhi (2009)
Upadhya Videh , “Water Rights and the New Water Laws in India:
P a g e | 31
Emerging Issues and Concerns in Right Based Perspective ",
Indian Infrastructure Report (2011)
T.N. Godavarman Cases Analysis laws on forest Conservation.
GLOBAL ENVIRONMENT GOVERNANCE
Introduction and History :
Empirical issues of relevance; history of global environmental
politics
Critical Perspectives on ‘One World’ Discourses on Environmental
Governance
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International Environmental Regimes :
International environmental agreements from an institutionalist /
legal perspective.-history of environmental policy-making since the
1970s; overview of key environmental agreements; legal and
political aspects of environmental treaty-making; elements of
environmental agreements (monitoring, compliance, enforcement,
savings clauses etc.); and regime effectiveness.
Intergovernmental Organization:
Expectations of intergovernmental organisations; United Nations
Environment Programme; UN Commission on Sustainable
Development.
Transnational Corporations :
‘Greening of business’; transnational corporations’ operations;
business lobbying in international negotiations
Non-Profit Organisations :
NGOs and their role in Global Environmental Governance
Suggested Readings :
G. Evelyn Hutchinson, “The Biosphere,” Scientific American
223(3):45- 53, 1970
World Commission on Environment and Development, Our
P a g e | 33
Common Future (Oxford: Oxford), 1987, Chapter 1. A Threatened
Future.
William C. Clark, “Managing Planet Earth,” Scientific American
261(3): 47-54, 1989.
Anil Agrawal, “A Southern Perspective on Curbing Global Climate
Change,” in S. Schneider, A. Rosencranz, and J. Niles, eds.,
Climate Change Policy: A Survey (Island Press: Washington, DC,
2002).
Wolfgang Sachs, Planet Dialectics (New York: Zed Books, 1999),
chapters 6 and 7. One World – Many Worlds? and The Blue
Planet.
Jennifer Clapp and Peter Dauvergne, ‘Peril or Prosperity? Mapping
Worldviews of Global Environmental Change (Chapter 1)’, Paths
to a Green World: The Political Economy of the Global
Environment, Second Edition (Cambridge, MA: MIT Press, 2011),
pp. 1-18, 251-255 – CR
Pamela S. Chasek, David L. Downie and Janet Welsh Brown, (part
of) ‘Actors in the Environmental Arena’ (Chapter 2), Global
Environmental Politics, Fourth Edition (Boulder, CO: West view
Press, 2006), pp. 41-51, 284-285 – CR.
Maria Ivanova, ‘UNEP in Global Environmental Governance:
Design, Leadership, Location’, Global Environmental Politics
(Vol. 10, No. 1, February 2010), pp. 30- 59 – CR.
Stine Madland Kaasa, ‘The UN Commission on Sustainable
Development: Which Mechanisms Explain Its Accomplishments?’,
Global Environmental Politics (Vol. 7, No. 3, August 2007), pp.
107-129 – CR.
P a g e | 34
Robert Falkner, ‘Global Firms in International Environmental
Politics’ (Chapter 1), Business Power and Conflict in International
Environmental Politics (Basingtoke: Palgrave McMillan, 2008),
pp. 3-15 – CR
Desai, Bharat H. , International Environmental Governance :
Towards UNEPO , Brill Publication (2014)
BIOLOGICAL DIVERSITY AND LEGAL ORDER
Biodiversity and its Necessity :
Definition; Meaning and Importance, Role of Flora and Fauna in
maintaining Biodiversity
Need for Biodiversity protection.
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Legal Frame Work For Protection and Conservation For Biological
Diversity
International Law: The Convention on Biological Diversity 1992;
The Bonn Convention on the Conservation of the Migratory
Species of Wild Animals 1979 & 1994; Convention on
International Trade in Endangered Species 1973; The Ramsar
Convention; United Nations Aarhus Convention; UN Convention to
Combat Desertification.
National Laws: The Biological Diversity Act 2002; Protection of
Plant Varieties and Farmer Rights Act, 2001 (relevant provision);
Schedule Tribe and Other Forest Dwellers (Recognition of Forest
Dwellers ) Act, 2006 (relevant provision)
Legal Framework for the protection and development of
Sanctuaries, National Parks and Biosphere
Biological Diversity and Tribal Peoples of India :
The legal discourse on ABS: International and National Effort.
Suggested Readings :
Arjun Prasad Nagore, Bibliogical Diversity and International
Environmental Law (1`996) A.P.H. Publishing Corporation, New
Delhi.
Project Large, Plant Variety Protection and Plant Biotechnology –
Options for India (1999),
Allied. Wild Genetic Resources, Earthscan Press Briefing
P a g e | 36
Document No.33, Earthscan, London (1982)
K.L.Mehta and R.L.Arora, Plant Genetic Resources of India; Their
Diversity and Conservation (1982),
National Bureau of Plant Genetic Resources, New Delhi. P.N. Bhat
et.al., Animal Genetic Resources in India (1981)
P.N.Bhat, “Conservation of Animal Genetic Resources in India,
“Animal Genetic Resources, Conservation and Management FAO,
Rome, (1981).
Gillespie A., Conservation, Biodiversity and International Law,
Edward Elgar Publication (2011)
Venkataraman, K. 2006. Biodiversity legislations in likeminded
mega diversity countries. pp.79-92. In: D.D. Verma, S. Arora &
R.K. Rai (eds.) Perspectives in Biodiversity. Ministry of
Environment and Forests, Govt. of India, New Delhi.
PREVENTION AND CONTROL OF POLLUTION
Environmental Pollution :
Meaning; Nature and Scope
Classification of Pollutants
Various Types of Pollution and their effects
P a g e | 37
Pollution Control Laws in India :
Constitutional Mandate and Environment with special reference to
Article 32 and 226. (emphasis shall be given on use of PIL as a tool
to provide environmental justice)
Comparative Study of Water Act, 1974, the Air Act, 1981 and the
Environment (Protection) Act, 1986 with special reference to
authorities mechanism and sanctions
Efficacy of Remedies – Section 133 Criminal Procedure Code,
Public Liability Insurance Act, 1991, National Environmental
Tribunal Act, 1995, National Environment Appellate Authority
Act, 1997, Citizens’ Suit provisions, remedies under Civil
Procedure Code, 1908.
Specific Environmental Problems and Legal Responses- special
emphasis shall be placed on rules and notification framed under the
Environment (Protection) Act, 1986. (Rules and Notifications shall
be prescribed each year)
Environment Impact Assessment and People’s Participation, EIA
and Public Hearing under the Environment Protection Act, 1986.
Suggested Readings :
Inconvenient Forum and Convenient Catastrophe : The Bhopal
Case (1986).
Armin Rozencranz, et.al. (eds.), Environmental Policy and Law in
India (2000), Butterworths India.
Leelakrishnan, P. et.al. (eds.), Law and Environment (1990),
Eastern, Lucknow.
P a g e | 38
Leelakrishnan, P., The Environmental Law in India (1999),
Butterworths, India.
Department of Science and Technology, Government of India,
Report of the Committee for Recommending Legislative Measures
and Administrative Machinery for Ensuring Environmental
Protection (1980) (Tiwari Committee Report).
Indian Law Institute, Environment Protection Act : An Agenda for
Implementation (1987).
Indian Journal of Public Administration, Special Number on
Environment and Administration, July-September 1988, Vol.
XXXV, No. 3.
Findley, R. W. and Farber, D. A., Environmental Law.
David Hughes, Environmental Law (1990), Butterworths, London.
19. Armin Rozencranz, et. al. (eds.), Environmental Policy and
Law in India (2000), Oxford.
Kailash Thakur, Environmental Protection Law and Policy in India
(1997), Deep & Deep Publications (New Delhi).
Enid. M. Barson and llga Nielson (eds.), Agriculture and
Sustainable Use in Europe (1998), Kluwer.
John F. Mc. Eldownery and Sharron Mc. Eldowney,
Environmental Law and Regulation (2000).
Leelakrishnan, P. et.al. (eds.), Law and Environment (1990).
Leelakrishnan, P., The Environmental Law in India (1999),
Butterworths.
Frodorick A. Anderson, et.al. Environmental Improvement
Through Economic Incentives (1977). 7. David Hughes,
P a g e | 39
Environmental Law (1999), Butterworths, London. 8. Daniel R.
Mandekar, Environmental and Land Controls Registration (1976),
Bobbs-Merrill, New York. 9. Indian Law Institute, Mass Disasters
and Multinational Liability : The Bhopal Case (1986).
TRADE AND ENVIRONMENT
1. Introduction : Impact of trade on environment and environment on
trade; globalization and trade-and-environment debate; pollution in a
small open economy; scale, composition, and technology effects;
endogenous pollution policy
2. Trade and Effects on South Equilibrium pollution and Environmental
Kuznet’s curve – income and threshold effects; increasing returns to
P a g e | 40
abatement; pollution havens models of international trade; free trade
versus environment – empirical assessment; case studies: effects of
environmental regulations on oil exporting countries
3. Trade in Endangered Species and Hazardous Waste Bio-prospecting;
CITES – non-compliance; trade in genetic resources; recycling and trade
of hazardous material; international treaties governing hazardous waste
trade; case studies
4. Trade in Emissions Tradable permits for emission reduction – theory;
sulphur trading and the US experience; carbon markets – the European
and the US experience; European ETS – general framework, allocation
rules and emission reduction; carbon price signals from the European
ETS; clean development mechanism and emerging trading units
5. Trade Laws Regional agreements; international trade regimes – WTO;
leading issues in the WTO negotiations; dispute settlement mechanisms;
trade and foreign direct investment
Books :
1. Copeland, B.R. and M.S. Taylor, Trade and the Environment: Theory and
Evidence, Princeton University Press, 2005.
2. Hunter, D., J. Salzman, and D. Zaelke, International Environmental Law
and Policy, Foundation Press, 2006
3. Environment and Trade: A Handbook, Second Edition. International
Institute for Sustainable Development, 2005.
4. Reeve, R., Policing International Trade in Endangered Species: The
CITES Treaty and Compliance, Royal Institute of International Affairs,
2004
P a g e | 41
ENVIRONMENTAL DISPUTE RESOLUTIONS
Introduction :
The Nature of Environmental Dispute ; Common Characteristics of
Environmental Conflicts and Disputes
International Judicial Bodies and Environment Disputes (emphasis will be
given to these institutions vis a viz environmental disputes)
International Court of Justice
P a g e | 42
International Tribunal for the Law of the Sea (ITLOS)
Dispute Settlement of Bodies of the WTO
International Criminal Court
Alternative Dispute Resolution and Environment Conflict Resolution
The Discussion on Need of World Court: Viability and Chalenges
Environment Dispute Resolution in India
The Role of PIL and Indian Supreme Court
The National Environment Appellate Authority Act (shortcoming)
The National Green Tribunal Act
Suggested Readings :
Lawrence S. Bacow , Environmental Dispute Resolution, Plenum
Press: Newyork (1984)
Daniel Bodansky (et. al, 2012), The Oxford Handbook of
International Environmental Law.
James Crowfoot, Julia M. Wondolleck, Environmental Disputes:
Community Involvement In Conflict Resolution, Island Press
1990
Joel P. Trachtman, The Domain of WTO Dispute Resolution, 40
Harv. Int'l L.J. 333 (1999)
Alan Boyle, Environmental Dispute Settlement, Max Planc
Institute (2009)
Raghav Sharma, GREEN COURTS IN INDIA:
STRENGTHENING ENVIRONMENTAL GOVERNANCE?,
LEAD Journal available at
http://www.lead-journal.org/content/08050.pdf
P a g e | 43
Bharat H. Desai and Balraj Sidhu, On the Quest for Green Courts
in India, Journal of Court Innovation, Volume 3 Number 1 Winter
2010
INTERNATIONAL HUMAN RIGHTS LAW
Introduction:
(i) The Historical Development of Human Rights Law
(ii) Human Rights Concepts and Discourse
(iii) Human Rights Movements
(iv) Rights, Duties and Dilemmas of Universalism .
International Human Rights Organisations:
(i) The UN Human Rights System
P a g e | 44
(ii) Treaty Bodies
(iii) Regional Arrangements (Comparison of Universal and Regional
Systems, The European Convention System, Inter American
System and the African System
(iv) The Role of the High Commissioner for Human Rights
Normative Foundation of International Human Rights:
Universal Declaration of Human Rights, International Covenant on
Civil and Political Rights and International Covenant on Economic,
Social and Cultural Rights
Culture and Human Rights:
Cultural Relativism and the Critique of Universal Human Rights-
Conceptions of Rights and cultural values, Idea of Universal Rights based
on values common to all cultures, ideas of ‘Duties’ in Non-Western
Human Rights Theories
Globalisation, Cosmopolitanism and Human Rights:
Globalisation and Economic, Social and Cultural Rights -
Globalisation, Hegemony and Cultural Identity - Cosmopolitanism vs.
Communitarianism - Universalism vs. Relativism
Suggested Readings :
Aiyar, S. P., and Raju, S.V., (ed.), Fundamental Rights of the
Citizen (Academic Books Limited, New Delhi, 1972).
Alston, Philip (ed.), The United Nations and Human Rights: A
Critical Appraisal (Clarendon Press, Oxford, 1992).
. ___________, The United Nations and Human Rights (Clarendon
Press, Oxford, 1955)
Anand, R. P., Sovereign Equality of States in International Law
(Hope Publication, New Delhi, 2008).
P a g e | 45
Ando, Nisuke (ed.), Towards Implementing Universal HR
(Martinius NijhoffPublishings, London, 2004).
Ankumab, Evelyn, A., The African Commission on Human Rights
People ‘s Rights: Practice and Procedures (Martinus Nijhoff, The
Hague, 1996).
AN-Na’zm, A. and Deng, Francis (ed.), Human Rights in Africa:
Cross Cultural Perspect
Clark, R. S., A, United Nation& High Commissioner for Human
Rights (Martinus Nijhoff, The Hague, 1972).
Cotler, Irwin and Eliadis, F. P. (ed.), International HR Laws,
Theory and Practice (The Candian HR Foundation, Montreal,
1992).
Cranston, M., What are Human Rights (Bodley Head, London,
1973). 20. Drzemczewski, A., European Human Rights Convention
in Domestic Law (OUP, Oxford, 1983).
Sinha, Manoj Kumar, Enforcement of Economic, Social and
Cultural Rights: International and National Perspectives (Manak
Publishers, New Delhi, 2006).
INTERNATIONAL HUMANITARIAN LAW
Historical & Philosophical Background :
The historical concept of war and how can war have laws? the
imperial notions of ‘Just Wars’; the emergence of modern humanitarian
law in 19th centaury; Customary Law and the regulation of war
Modern IHL:
The foundations of modern international humanitarian law looking
in detail at early codes and principles that underpinned the modern legal
P a g e | 46
regime, in particular the Lieber Code. Building on that foundation, the St
Petersburg Declaration, the 1899 and 1907 Hague Conferences are
reviewed. The legal regulation of warfare the followed the First and
Second World Wars. The two 1977 Protocols to the Geneva Conventions;
differences between international and non-international armed conflict;
‘situations of internal disturbances and tensions’; relationship of the laws
of war to the ‘law of peace’ (UN Charter).
The Regulation of International Armed Conflict
Prohibitions & Non-International Armed Conflicts:
General introduction to prohibitions; When can a non-international
armed conflict be said to exist?; Article 3 common to all four Geneva
Conventions of 1949; 1977 Protocol II; threshold distinctions between a
non-international armed conflict and situations of internal disturbances
and tensions; criminal liability for breaches in non-international armed
conflicts.
The Protection of Defenseless:
The General Obligations of Humane Treatment — Role of ICRC
—Wounded, Sick and Shipwrecked persons ; Combatant Status ;
Protection of POW’s ;. Women and Children and Other Vulnerable
Groups including Refugees
Accountability for Violations of Humanitarian Law:
Trials after the First World War; the lead-in to Nuremberg;
offences tried at Nuremberg; conduct of Nuremberg trials; problems of
Nuremberg – the ‘victors’ justice’ argument; trials under Control Council
Order No. 10; repression of breaches in the 1949 Geneva Conventions;
additions in 1977 Protocol I; implications for amnesties. The origins of
the International Criminal Tribunal on the Former Yugoslavia (ICTY);
P a g e | 47
complexity of its legal basis – role of UN Security Council; legal basis
for International Criminal Tribunals on Yugoslavia and Rwanda (ICTR);
procedural aspects; case-law; introduction to the ‘peace v. accountability’
debate.
Suggested Readings :
Cahill, Kavin M., Basics of International Humanitarian Missions
(NY: Fordham University Press, 2003).
Geza, Herczegh, Developments of International Humanitarian Law
(Akademiai Kiado, Budapest, 1984).
Henckaerts, Jean-Marie and Beck-Doswald, Louise, Customary
International Humanitarian Law (Cambridge University Press, UK,
2005).
Hingorani, R. C., Humanitarian Law (OUP, New Delhi, 1987). 5.
Lattimer, Mark and Sands, Philippe (ed.), Justice for Crimes
Against Humanity (Hart Publishing, USA, 2003).
Sinha, Manoj Kumar, Humanitarian Intervention by the United
Nations (Manak Publishers, New Delhi, 2002).
Teson, Fernando, R., Humanitarian Intervention: An Enquiry into
Law and Morality (Transnational Publishers, New York, 1997).
Welsh, Kavin M., Humanitarian Interventions and International
Relations (Oxford University Press, New York, 2004).
P a g e | 48
HUMAN RIGHTS, DUTIES IN INDIA
Laws and Human Rights :
i) Concepts of law
ii) Objective of law
iii) Pattern and nature of law: Right to vote, health, education, labor,
information, consumerism, etc.
Role of Government and Non- Government Organization on protection of
Human rights
The Protections of Human Rights Act 1993 :
P a g e | 49
NHRC-constitution, function and Power; State Human Rights
Commission, Human Rights Court
Implementing Mechanism :
(i) Judiciary Activism
(ii) Law enforcement agencies: police, Anti-Corruption Bureau and
other Investigating Agencies
(iii) Legislative policy
(iv) Executive power
Constraints on Human Rights Implementation in India :
(a) Abuse and misuse of power by police, bureaucrats, legislators, etc.
(b) Flaws in Laws
(c) Inter-castes, inter-religion ,inter-community tension, etc.
(d) Violence in politics
(e) Assault on Indian social, cultural, ethical values
(f) Paid media: Script and electronic
(g) Lack of human rights course in school, college and university
education.
(h) Dominant Caste, religious conversion, minority and majority,
debate over the concept of minority
Suggested Readings :
Mieczyslaw Maneli, 2002, Juridical Positivism and Human rights,
Hippocrene Books, New York.
D.D.Basu, 1994, Human Rights in Constitutional law, Prentice
Hall of India, New Delhi.
P a g e | 50
Prof. Mani, 2007, Humanitarian Law, Indian Society for
International Law.
Dr. Meharaj Begum (ed), 2000, Human Rights in India, Issues and
Perspectives, A.P.H, Publishing Corporation, New Delhi.
M.M. Rehman, Kanta Rehman, Poonam, S. Chauhan, Syed
Begum, 2000, Human Rights Human Development Concepts and
Contexts, Manak Publications, New Delhi.
Aftab Alam, 2000, Human rights in India, Issues and Challenges,
Raj Publications, Delhi.
Jack Donnelly, 2005, Universal Human Rights in theory and
Practice, Manas Publications, New Delhi.
Dr. Janak Raj Jai, 1996, Emergency Excesses A Daylight robbery
of Human Rights, Regency Publication, New Delhi.
LAW AND SOCIAL TRANSFORMATION IN INDIA
1. Law and social change :
Law as an instrument of social change.
Law as the product of traditions and culture.
Criticism and evaluation in the light of colonization and the
introduction of common law system and institution in India and its
impact on further development of law and legal institution in India.
2. Religion and the law :
Religion as a divisive factor.
P a g e | 51
Secularism as a solution to the problem Reform of the law on
secular lines: Problems. Freedom of religion and non-
discrimination on the basis of religion.
Religious minorities and the law
3. Language and the Law :
Language as a divisive factor: Formation of linguistic states.
Constitutional guarantees to linguistic minorities. Language policy
and the constitution: Official language, multi-language system.
Non-Discrimination on the ground of language
4 Community and the law :
Caste as a divisive factor Non-discrimination on the ground of
caste Protective discrimination: Scheduled castes, tribes and
backward classes.
Reservation: Statutory commissions, Statutory Provisions.
5. Regionalism and the law :
Regionalism as a divisive factor Concept of India as one unit Right
of movement, residence and business; impermissibility of state or
regional barriers. Admission to educational institutions: Preference
to residents of a state
6. Law and Gender Justice
7. Modernization and the law :
Modernization as a value: Constitutional Modernization of social
institutions through law
8. Alternative approaches to law The jurisprudence of Sarvodaya –
Gandhiji, Vinoba Bhave, Jayprakash Narayan – Surrender of dacoits;
P a g e | 52
Concept of Grama Nyayalayas. Socialist thought on law and justice: An
enquiry through constitutional debates on the right to property.
9. Indian Marxist critique of law justice.
10. Naxalite movement: causes and cure
Suggested Readings :
March Galanter (ed.), Law and Society in Modern India (1997),
Oxford
Robert Lingat, The Classical Law of India (1998), Oxford.
U.Baxi, The Crisis of the Indian legal system (1998) Vikas, New
Delhi.
U. Baxi, (ed) Law and Poverty Critical Essays (1988), Tripathi,
Bombay
Munushi, A. Journal about Women and Society • Duncan Derret,
The State, Religion and Law in India (1996) Tripath
HUMAN RIGHTS LAW AND TRIBAL PEOPLES
Introduction :
The Concept of “Tribes” and “Indigenous”, the debate over Tribes as
Indigenous.
Centre lIssues in Indigenous and Tribal Peoples Rights :
Definition Debate
Sovereignty and Self-Determination
Land and Natural Resource Rights
Cultural Rights
Right to Health and Food Security
P a g e | 53
International Organisations and Indigenous Peoples :
UnitedNation-
OrganizationalStructure,PermanentForumonIndigenousIssues
United Nations Declarationon Rights of Indigenous Peoples
ILOconvention107 and 169 regarding rights of indigenous people
UN Committee on the Elimination of Racial Discrimination
(CERD)-General Recommendation No.23
World Bank Operational Policy 4.10
Constitution of India and the Tribals :
Constitution of India: Introduction and its basic structure
(Preamble, Parts, Articles, Schedules, Appendices and
Amendments)
Process for Scheduling / De-Schedulinga Tribe
Tribal Administration: 5th and 6th Schedule, Special Provisions for
Scheduled Areas
Prominent Legislations concerning tribals in India :
Prevention of Atrocities Act, 1989
The73rd Constitutional Amendment
Panchayats Extension to Scheduled Areas Act1996
State/ Union Territory Minor Forest Produce (Ownership of
Forest Dependent Community) Act, 2005
Concept of Eminent Domain and The L and Acquisition,
Rehabilitation And Resettlement Act, 2011 (Including recent
Amendment through Ordinace)
P a g e | 54
National Forest Policy, National Forest Commission.
The Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights)Act, 2006
Governmental bodies concerning Tribal People in India :
Ministry of Tribal Affairs (MoTA)
Ministry of ment of North Eastern Region (MDONER)
National Commission for Scheduled Tribes (NCST)
Tribes Advisory Council (TAC)
National Council for Tribal Welfare
National Commission for Denotified, Nomadic and Semi-Nomadic
Tribe
Suggested Readings :
A.C. Mittal :Tribal education, administration and development,
Radha Publications.
Amir Hasan : Tribal administrationin India, B.R. Pub. Corp.
Atul Chandra Talukdar: Political transition in the grassroots in
tribal India, Omsons Publications.
B. K. Roy Burman: Panchayati Rajand Tribals, Institute of Social
Sciences.
Committee for A Democratic Far Eastern Policy: A lay man looks
at the constitution of India
Cynthia Price Cohen :The Human Rights of Indigenous Peoples,
Transnational Publishers.
P a g e | 55
D.N. Gupta :Decentralization: Need For Reforms, Concept
Publishing Company.
D.N. ThakurandD. Thakur: Tribal Law An Administration
(Volume 7 of Tribal life in India), Deep and Deep Publications.
Deepak Kumar Behera and Georg P feffer-Contemporary Society:
Tribal situation in India (Volume 6 of Contemporary Society:
Tribal Studies)
Devendra Thakur: Tribal Life in India: Tribal law and
administration (Volume7of Tribal Life in India), Deep & Deep
Publications.
Durga Das Basu: Shorter Constitution of India, Prentice Hall.
Florencia Roulet: Human Rights and Indigenous Peoples: A Hand
book on the Un System, Volume 92 of IWGIA document, IWGIA.
George Mathew- Panchayati Raj: From Legislation to
Movement,Concept Publishing Company.
G. S. Ghurye :The Scheduled Tribes of India, Transaction
Publishers.
J.K. Das: Human Rights And Indigenous Peoples, APH Publishing.
Kunj Behari Srivastava: Panchayats in scheduled areas:
Ananalysis of provisions of the panchayats (extensionto the
scheduled areas) act, National Institute of Rural Development.
Lalita Prasad Vidyarthi and Binay Kumar Rai: The Tribal Culture
of India, Concept Publishing Company.
Laura Westra: Environmental Justice and the Rights of Indigenous
Peoples: International and Domestic Legal Perspectives, Earthscan
Publishers.
LolaGarcía-Alix (International Work Group for Indigenous
P a g e | 56
Affairs): The Permanent Forumon Indigenous Issues, Volume 109
of IWGIA document, IWGIA.
M. Hidayatullah: The fifth and sixth schedules to the Constitution
of India, Ashok Publishing House.
M. R. Biju : Human Rights In A Developing Society, Mittal
Publications.
Michel Streich: Declaration on the Rights of Indigenous Peoples,
Allen & Unwin Publishers.
P.S.K.Menonand Bakshi D. Sinha: Panchayati Rajin Scheduled
Areas: A Critical Study, Institute of Social Sciences.
P.S.K. Menon, Bakshi D. Sinha: Panchayati Rajin Scheduled
Areas: A Critical Study, Institute of Social Sciences.
PaulJoffe, Jackie Hartley and Jennifer Preston: Realizing the UN
Declarationon the Rights of Indigenous Peoples: Triumph, Hope,
and Action, Purich Publishers.
Pralhad Balacharya Gajendragadkar: The Constitution of India: its
philosophy and basic postulates, Gandhi memorial lectures,
Oxford University Press.
Pratap Chandra Swain : Panchayati Raj, APH Publishing House.
Prem Kumar Shinde (Ed.)- Dalits and Human Rights (in 3
volumes), Gyan Publishing House.
Purushottam Kumar: History and administration of tribal
Chotanagpur (Jharkhand), Atma Ram & Sons.
R.N. Mishra: The Scheduled Castes and the Scheduled Tribes, Hind
Publishing House.
Rajib Lochan Panigrahy : Panchayati Raj Institutions: Issues and
Challenges, Discovery Publishing House.
P a g e | 57
Rann Singh Mann, K. Mann: Tribal Cultures and Change, Mittal
Publications.
Ruth Thompson (University of Saskatchewan): The Rights of
indigenous peoples in international law: selected essays on self-
determination, University of Saskatchewan, Native Law Centre.
S Baluchamy: Panchayati Raj Institutions, Mittal Publications.
S.Rajneesh S.L.Goel: Panchayati RajInIndia (2nd Rev. & Enlarged
Edn.), Deep and Deep Publications.
S.N. Bagga: Constitution of India: as amended up to date, with use
ful appendices and exhaustive index, Law Book Co.
Sairam Bhat: Natural Resources Conservation Law, SAGE
Publications Ltd.
Savyasaachi: Tribal Forest- Dwellers and Self-Rule: The
Constituent Assembly Debates on the Fifth and Sixth Schedules,
Indian Social Institute.
Sharad Singh Negi: Tribal welfare development and
administration, International Book Distributors.
Shriram Maheshwari: Dictionary of Public Administration, Orient
Blackswan.
Shyam Nandan Chaudhary: Dalit And Tribal Leadership In
Panchayats, Concept Publishing Company.
Sri Kanta Ghosh :Law Enforcement in Tribal Areas, APH
Publishing.
Stanley Meisler :United Nations: A History, Grove Press.
T.R. Naval: Law Of Prevention Of Atrocities On The Scheduled
Castes And Scheduled Tribes, Concept Publishing Company.
T.R. Naval: Legally Combating Atrocities On Scheduled Castes
P a g e | 58
And Scheduled Tribes, Concept Publishing Company.
Thodupuzha M. Joseph: Local Governance in India: Ideas,
Challenges, and Strategies, Concept Publishing Company.
Thodupuzha M. Joseph: Local Governance in India: Ideas,
Challenges, and Strategies, Concept Publishing Company.
United Nations Publications: Basic Facts about the United
Nations, United Nations Publications.
United Nations Publications: Permanent Forumon Indigenous
Issues :Report on the Eighth Session (18-29 May 2009), United
Nations Publications.
REFUGEE LAW
Introduction :
Development of International Refugee Law, The Concept, Theories , the
Legal and Institutional Framework for Refugee Protection and its Expansion
via the 1967 protocol. Intern-Relationship between National and International
Protection
Source of International Refugee Law :
The Global Standard of Human Rights, Main Sources of
International Refugee Law. Definition of International Refugee
Law and its Relationship with Human Rights Law, the Main
Features of 1951 UN Convention and the Statute of the UNHCR,
Contemporary Alternative Refugee Definitions in 1969 OAU
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Convention Governing the Specific Aspects of Refugee Problems
in Africa, the 1984 Cartagena Declaration in the Americas,
Europe, Asia and South Asia
The Central Issues In Protection of Refugee:
Principles and Concepts of Refugee Protection, Definition of
Asylum in the Context of International Refugee Law, Non-
refoulement, Non-discrimination, The Principle of Family Unity
and the Right to Family Reunification, Defending Refugee Rights
in Administrative and Judicial Institutions, Durable Solutions and
International Cooperation
Exclusion from the Refugee Status.
Legal Framework for the Protection of Refugee in India :
Passport (Entry into India) Act, 1920.
Passport Act, 1967.
Registration of Foreigners Act, 1939.
Foreigners Act, 1946.
Foreigners Order, 1948.
The Constitutional Protection and the Judicial Approach
Internally Displaced Persons :
Internally Displaced Persons and Refugees: The Conceptual
Differences and Similarities, The Legal Battle of Internally
Displaced Persons, The Institutional Framework of Protection for
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the Internally Displaced, Protection Strategies for the Internally
Displaced Persons, Case Study with reference to India.
Suggested Readings :
Battjes, H. European Asylum Law and International Law. Martinus
Nijhoff Publishers, 2006;
Conclusions on the International Protection of Refugees adopted
by the Executive Committee of the UNHCR Programme, Office of
the United Nations High Commissioner for Refugees, 1995;
ECRE Report “Complementary Protection in Europe”, July 2009;
Feller, Erica, Türk, Volker and Nicholson, Frances (eds), Refugee
Protection in International Law.
Goodwin-Gill, Guy S., McAdam, Jane, The Refugee in
International Law, IIInd rev. edition, Oxford University Press,
2007; 6. Goodwin-Gill, Guy S., The Refugee in International Law,
IInd edition, Clarendon Press, 1996;
Chimni, B.S. (ed.), International Refugee Law: A Reader, Sage:
New Delhi,2000.
Phuong, Catherine, The International Protection of Internally
Displaced Persons, Cambridge University Press, Cambridge, 2005.
Satvinder Singh Juss, Colin Harvey (eds, 2013), Contemporary
Issues in Refugee Law, Edward Elgar Publication
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WOMEN AND HUMAN RIGHTS AND DUTIES
1. Status of Women in contemporary Indian Society :
(a) Poverty, illiteracy, lack of independence, oppressions social
customs and gender justice.
(b) Violence against and abuse of women in public and private
domains; Domestic violence, sexual harassment.
2. International Norms for protection of Women :
(a) UN convention on the Elimination of all forms of Discrimination
against Women
(b) Convention on the Nationality of Married Women
3. Political Rights of Women :
Convention on the Political Rights of Women
P a g e | 62
(i) Universal suffrage,
(ii) Equal Right to Vote,
(iii) Equal Right to be Elected, (iv) Equal Right to hold Public Office
4. Constitution of India and the Status of Women :
(a) Equality provisions in Fundamental rights and Directive Principles
(b) Special provisions for the protection of women Article 15(3),
Article 39(d) & (e), Article 42, Articles 243-D & 243-T
5. Special Laws for Protection of Women :
(a) Prevention of Immoral Traffic Act, 1956
(b) Indecent Representation of Women (Prohibition) Act, 1986
(c) Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition
of Sex Selection) Act, 1994.
(d) Medical Termination of Pregnancy Act, 1971
(e) Maternity Benefit Act, 1961
(f) Equal Remuneration Act, 1976
(g) Dowry Prohibition Act, 1961
(h) Provisions Relating to Women Specially under IPC : Rape, Dowry
Death, Cruelty by Husband or Relatives of Husband.
Suggested Readings :
Nirmal, B C , “Taking Violence Against Women Seriously :
International and Domestic Human Rights Jurisprudence, IN India
and International Law, (Bimal N Patel ed, 2008),Martinus Nijh off
Publishers.
Kaushal, Rachna, (2000), Women and Human Rights in India. New
Delhi: Kaveri Books.
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Khan, Mumtaz Ali, (1998), Women and the Human Rights,
Commonwealth, New Delhi
Kaushik, Vijay (1999), Women’s Movements and Human Rights,
Pointer Publishers Jaipur
Mukhopadhyay, S., (ed.), (1998), In the Name of Justice; Women
and Law in society, Manohar, New Delhi:
Mishra, Jyotsana, (2000), Women and Human Rights, Kalpaz Pub,
New Delhi;.
Nirmal, C.J., (1999), Human Rights in India, Oxford, New Delhi
Pachauri, S.K., (1999), Women and Human Rights, APH
Publications, New Delhi
PAchauri, S.K., (1999), Women and Human Rights, APH
Publications, New Delhi
Saxena, Shobha, (1999), Crimes against Women and Protective
Laws, Deep and Deep, New Delhi:
South Asian HRDC, (2006), Introducing Human Rights: An
Overview including issues of Gender Justice, Environmental and
Consumer Law, OUP, New Delhi:
UN, (1999), Convention on the Elimination of all Forms of
Discrimination against Women, UN Department of Public
Information, New York
P a g e | 64
WORKING CLASS AND HUMAN RIGHTS AND DUTIES
1. Conceptual Issues :
a) Definition; Classification,
b) Working Class Movement,
c) From Laissez Faire to Welfare State,
d) Privatization to Globalization
2. Status of Working Class:Causal Workers, Contract Labour, Bonded
Labour, Agricultural Labour, MigrantWorkers
3. Human Rights of the Workers
4. Labour Welfare Problems :
a) Health Hazards : Accidents, Occupational Diseases,
b) Social Security,
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c) Collective Bargaining,
d) Worker’s Participation in Management,
e) Impact of Technological Developments
5. International Standards
Suggested Readings :
Lina Gonsalves, 2001 Women and Human Rights A.P.H.
Publishing Corporation , New Delhi
Sankar Sen 2002 Tryst with Law Enforcement and Human Rights
A.P.H Publishing Corporation
G.Sharma 2003 Human Rights and Legal Remedies Deep and
Deep Publisher, New Delhi
N.Subramanya 2002 Human Rights and Refugees A.P.H
Publishing, New Delhi
Sankar Sen 2000 Police in Democratic Society Gyan Publishing
House New Delhi
Kumar, Shiv (1994) Labour Welfare & Incentive Plans in Incentive
Plans in Industries; New Delhi : Radha Publications
Lal, D.K. (1991) Personnel Management, Industrial Relations and
Labour Welfare, Das Publication
Mongia, J. N. (1976) Readings in Indian Labour & Social Welfare;
Delhi : Atmaram & Sons
Moorthy, M. V. (1982 Ed.2.) : Principles of Labour Welfare; New
Delhi : Oxford & IBH Publishing Co.
P a g e | 66
Mustafa, M. (1990) Labour Problems & Welfare; New Delhi :
Deep & Deep Publications
Rao, Manju (1995) Labour Welfare Policy in India, Print well 8.
Singa, Ram Chandra (1989) Labour Welfare administration in
India; New Delhi : Deep & Deep Publication
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