Public International Law

Version: 2.0 Course Code: SLL 2707

Credits: 4 LTP: 400

Course Objectives:
 To teach and discuss the important doctrines of international law.
 To help students understand and comprehend both the legal and political aspects of
international decisions and events.
 To encourage students to think more analytically, write more clearly, and present
themselves effectively in class discussions and presentations.
 To improve student’s presentation skills in this class and help them become better at
explaining and defending their ideas to a group.

Learning Outcomes:
This course will enable the students to:
 Be able to articulate principles of international law. Students will discuss the issues
surrounding international law.
 Learn the role of international law in modern world and will be able to discuss the
relative importance of international law in managing the actions of states.
 Acquire competency at legal textual analysis through oral presentations, papers and
exams that will be conducted during the course period.
 Think critically, analytically and synthetically- in class discussions, writing and
course readings, students will practice analyzing and evaluating the logic and
arguments used in international legal decisions themselves and discussions of
international legal issues.

Scheme:
This course is comprised of about 60 lectures of 50 minutes’ duration divided into 6 units
with 8-10 lectures in each unit.

Prescribed International Official Documents:

1. United Nations Charter, 1945
2. Universal Declaration on Human Rights, 1948
3. International Covenant on Civil and Political Rights, 1966
4. International Covenant on Economics, Social and Cultural Rights, 1966
5. Optional Protocol of International Covenant of Civil and Political Rights, 1966
6. United Nations Convention on Law of the Sea, 1982
7. Draft Code of International Law Commission on State Responsibility in respect of
Matters other than Treaties, 1995

Course Contents:
UNIT I: Perspective of International Law

 Introduction, Origin, Nature and Significance

 Basis- Theories, Is International Law a true ‘law’?
 Subjects of International Law:
 International Personality, states as primary subjects, International
Organizations, Status of individuals under International law, other entities.

UNIT II: Sources of International Law

 Treaties and Convention

 Customary Principles of International Law
 General Principles of International Law
 Judicial decision and Juristic Writings
 General Assembly Resolutions
 Non-governmental Bodies and International Law Making

UNIT III: Relationship between International Law and Municipal Law

 Theories – Monistic and Dualistic Theories

 State Practice- U.K., U.S.A. and India

UNIT VI: State Territory and Recognition

 The concept of territory in international law

 Recognition of states
 Recognition of governments
 De facto and de jure recognition

UNIT V: State Responsibility

 Elements of State Responsibility

 Exhaustion of Local Remedies: The Calvo Clause
 The Theory of Permanent Sovereignty over natural resources
 Draft Articles on Responsibility of States for Internationally Wrongful Acts

UNIT VI: State Succession

 Succession to Treaties
 Succession with respect to matters other than treaties

UNIT VII: Jurisdiction

 The principle of domestic jurisdiction

 Extraterritorial jurisdiction
 Immunities from jurisdiction
 the Vienna Convention on Consular Relations, 1963

UNIT VIII: The Law of Treaties

 The Making of Treaties

  The Termination of Treaties
 Vienna Convention on the Law of Treaties, 1969

UNIT IX: Law of the Sea

 Maritime Zones: Territorial Sea, Contiguous Zone, Continental Shelf,

Exclusive Economic Zone and the High Seas
 Delimitation of Adjacent and opposite Maritime Boundaries
 The International Seabed
 Dispute Settlement Mechanisms
 Indian Maritime Interests, Policy and Law

UNIT X: Human Rights

 A Brief History of International Human Rights Law

 Introduction to Human Right Treatise: Civil and Political Rights and
Economic, Social and Cultural Rights
 Reservations to Human Rights Treaties
 Human Rights Regime in India

Examination Scheme:

FA-
Component of Evaluation FA-I EE
II
Weightage (%) 20 20 60

Suggested Readings:

 SK Verma, An Introduction to Public International Law, Satyam Publications

 James Crawford, Brownlie's Principles of Public International Law, Oxford
University Press
 M.P. Tondon and V.K. Anand, International Law and Human Rights, Allahabad Law
Agency
 I.A. Shearer, Starke's International Law, Butterworths
 Martin Dixon, Textbook on International Law, Oxford University Press
 Malcolm Evans, International Law, Oxford University Press
 Andrew Clapham, Human Rights: A very Short Introduction, Oxford University Press
 Malcolm N. Shaw, International Law, Cambridge University Press

Pedagogy:

The application of specific pedagogy is motivated from the fact that strong foundations need
to be developed. However, it is to be kept in mind that implied understanding also needs to be
developed on current issues relating to legal scenario in India. Pedagogy for the module has
to take care of two things. Firstly, a constant interaction among students and tutor is required,
involving students in active and participative manner. Secondly, an instructive strategy is
required to understand implications emphasising learning by doing. Thus, in this module
following pedagogical approaches are adopted:
 Student Lecture and Presentation: To support the development of theoretical construct.
 Case study Method: Better understanding of the case structure and practical aspects of
law and procedure.