Course Curriculum


Public International Law | 6 Credits |

Session: July – Nov. 2019 | Faculty: Mr. Sarthak Mishra

Class: B.A./BBA.LLB. SEMESTER - V

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A. INTRODUCTION

Public International Law is composed of the laws, rules, and principles of general
application that deal with the conduct of nation states and international organizations
among themselves as well as the relationships between nation states and international
organizations with persons, whether natural or juridical. Public International Law is
sometimes called the "law of nations" or just simply International Law. It should not
be confused with Private International Law, which is primarily concerned with the
resolution of conflict of laws in the international setting, determining the law of which
country is applicable to specific situations

In this course, we will explore how international law works. We will provide students
with an understanding of the system of public international law which regulates
relations between actors on the global stage. We will consider what international law
actually entails, the history and future, the purpose it serves, its interpretation and
application, and its relationship with domestic law, thereby analysing the international
legal system and its substantive aspects.

B. COURSE OUTCOME

At the end of the course, students will be able to:

[CO.1]. To understand the basic principles and doctrines of Public International Law
and to attain in-depth knowledge of the sources of international, subjects of
international law, the institutional framework and dispute resolution framework.
[CO.2]. To research on the emerging challenges in Public International Law
[CO.3]. To critically examine the operation and application of international law in
practical contexts and address contemporary real world challenges in Public
International Law.
[CO.4]. To gain important skills in evaluating sources, researching, writing, normative
analysis of text, as well as some oral argumentation.

C. PROGRAM OUTCOMES

[PO.1]. Demonstrate the ability to think like a lawyer and basic proficiency in
professional lawyering skills to perform competent legal analysis, reasoning, and
problem solving in domestic and international law contexts;
[PO.2]. Demonstrate communication skills, including effective listening and critical
reading, writing in objective and persuasive styles, and oral advocacy and other oral
communications;
 [PO.3]. Demonstrate the ability to conduct domestic and international legal research
and collaborate effectively with others in a variety of legal settings and contexts;
[PO.4]. An appreciation, understanding, and inculcation of the moral, ethical, and
professional values and application of knowledge of professional ethics to
representation of clients, performance of duties as an officer of the courts, and behaves
in a sensitive manner toward clients and colleagues of all cultures and backgrounds;
[PO.5]. Reviews and critically appraises legal literature and evidence for the purpose
of ongoing improvement of the practice of law and exhibits commitment and aptitude
for life- long learning and continuing improvement;
[PO.6]. Understand the impact of professional lawyering skills in societal and
environmental contexts, and demonstrate the knowledge of, and need for sustainable
development.
[PO.7]. Using technology in legal practice
[PO.8]. Equip with knowledge, passion and drive to excel as leaders in the legal
profession, judiciary, public service, non-profit & non-governmental organizations,
entrepreneurships, and corporate entities
[PO.9]. Explore and understand specific issues relating to workplace such as time
management, discipline, workplace culture, team work, giving and receiving feedback,
and achieving balance in one’s life in a multidisciplinary environment.

D. ASSESSMENT PLAN

Criteria Description Weightage

4 Test (best 3 will be considered)

[3 (Three) Written Test, 1 (One) 20 %

Assignment]

CRE 10 %
Continuous Assessment

Project

20 %
Written Submissions (10 marks)

Viva (10 marks)

Closed Book 50 %
End Term Exam
E. CURRICULUM

Topic 1: Introduction
 International Law as ‘Law’
 The Problem of defining International Law
 The scope of International Law
 Characteristics of International Law

Topic 2: History Development

 Peace of Westphalia and formation of European International Law
 Development during and post World Wars
 Development of the Law of Nations

Topic 3: Sources of International Law

 The codification of International Law
 Statute of the International Court of Justice
 Treaties
 International Customs
 General Principles of Law
 Judicial Decisions
 Jurists
 Other Material Sources
 The hierarchy of the sources

Topic 4: International Law and Domestic Law

 Theoretical Approaches
 Relationship between national law and International law
 International Law in Common Law traditions
 International Law in Civil Law traditions
 International Law in India – Customary and Treaty Law

Topic 5: Subjects under International Law

 Established Legal persons under International Law
 Special Types of Personality

Topic 6: Creation and Incidence of Statehood

 Legal Criterion for Statehood
 Issues with Statehood
 Secession and Self Determination
 Identity and Continuity of States

Topic 7: Recognition
 Recognition of states and governments
 De facto and De Jure Recognition
 Types of Recognition
 Non Recognition and Sanctions
  The Legal Effects of Recognition

Topic 8: Territory
 The Concept of Territory
 Determination and Displacement of Title
 Territorial Sovereignty and Peremptory Norms
 Modes of Acquisition of Territory
 Acquiescence, Recognition and Estoppel
 The Doctrine of Uti Possidetis
 Extent of Sovereignty
 Further Problems Regarding Status of Territory
 State Succession

Topic 9: State Responsibility

 The Nature, Basis and Character of State Responsibility
 Invocation of State Responsibility
 Imputability
 Breach of an International Obligation
 Circumstances Precluding Wrongfulness
 Consequences of International Wrongful Act
 Countermeasures and Dispute Settlement

Topic 10: State Jurisdiction

 Concept of Domestic Jurisdiction
 Civil Jurisdiction
 Criminal Jurisdiction
 Conflicts of Jurisdiction
 Extradition
 Privileges and Immunity from Jurisdiction

Topic 11: Nationality and Related Concepts

 Effective Link and Nottebohm Case
 Application of Rules of International Law
 Functional Approach to Nationality
 Nationality of Corporation and Assets

Topic 12: The Law of Treaties

 The Making of Treaties
 Conclusion and Entry into Force of Treaties
 Application of Treaties
 Amendment and Modification of Treaties
 Treaty Interpretation
 Invalidity, Suspension and Termination of Treaties

Topic 13: International Law and Use of Force

 Historical Overview
 Charter Prohibition on Use or Threat of Force
 The Right of Self Defense
  Intervention
 Continuing Sources of Controversy under the Charter

Topic 14: International Institutions and Dispute Resolution

 Jurisdiction and Admissibility
 Diplomatic Methods of Dispute Settlement
 Binding Methods of Dispute Settlement
 Diplomatic Protection
 International Court of Justice
 Other International Courts and Tribunals

F. TEXT BOOKS/ REFERENCE BOOKS

 Malcolm N Shaw, International Law, 7th Edition, Cambridge University Press,

Cambridge, 2014.
 D J. Harris, Cases and Materials on International Law, 7th Edition, Sweet & Maxwell,
2010
 Ian Brownlie, Principles of Public International Law, 8th Edition, Oxford University
Press, 1998
 Antonio Cassese, International Law, 1st Edition, Oxford University Press, 2001
 Peter Malanczuk, Akehurst’s Modern Introduction to International Law, 7th Revised
Edition, Routledge, 2002.

* The faculty shall disseminate pertinent reference materials for each lecture as and when
needed. These reference materials may consist of articles, videos, books etc.

Lecture Plan:

Lecture No. Topics Mode of Delivery

1-3 Introduction Lecture & Interaction

4-5 History and Theory Lecture & Interaction

6-9 Sources of International Law Lecture & Interaction

10-12 International Law and Domestic Law Lecture & Interaction

13-17 Subjects of International Law Lecture & Interaction

 18-22 Creation and Incidence of Statehood Lecture & Interaction

23-27 Recognition Lecture & Interaction

28-32 Territory Lecture & Interaction

33-39 State Responsibility Lecture & Interaction

40-46 State Jurisdiction Lecture & Interaction

47-52 Nationality and Related Concepts Lecture & Interaction

53-58 The Law of Treaties Lecture & Interaction

59-65 International Law and Use of Force Lecture & Interaction

International Institutions
66-70 Lecture & Interaction
and Dispute Resolution

Total Hours: 88
Lecture Hours: 70
CRE: 14 Hrs
Continuous Assessment: 4 Hrs