Public International Law including Human Rights
Dr. Bhimrao Ambedkar Law University, Jaipur · LL.B. Semester 2 · 2.1
Unit I — Introduction to Public International Law
1.1 Nature and Scope of International Law; Definition and Characteristics of International Law; Distinction between Public and Private International Law; Relationship between International Law and Municipal Law; Theories of International Law (Natural Law, Positivism, Realism) · 1.2 Sources of International Law; Article 38 of the ICJ Statute; Treaties and Conventions; Customary International Law; General Principles of Law Recognized by Civilized Nations; Judicial Decisions and Juristic Writings. · 1.3 Subjects of International Law; State as a Subject of International Law; International Organizations as Subjects; Individuals and Non-State Actors in International Law; Rights and Duties of States; Recognition of States and Governments. · 1.4 International Legal Personality; Concept of Legal Personality in International Law; Criteria for Statehood; Recognition and its Legal Effects; Legal Status of International Organizations; International Legal Personality of Individuals. · 1.5 Jurisdiction and Sovereignty; Territorial Jurisdiction; Extraterritorial Jurisdiction; Principles of Jurisdiction (Nationality, Passive Personality, Protective, Universality); Immunities from Jurisdiction (State Immunity, Diplomatic Immunity); Sovereignty and Its Limitations in International Law.
Unit II — International Dispute Resolution and Law of Treaties
2.1 Peaceful Settlement of Disputes; Diplomatic Methods (Negotiation, Mediation, Conciliation); Legal Methods (Arbitration, Adjudication); Role of the International Court of Justice (ICJ); Advisory Opinions by the ICJ; Regional Mechanisms for Dispute Resolution. · 2.2 Use of Force and Collective Security; Prohibition of the Use of Force (Article 2(4) of the UN Charter); Exceptions to the Prohibition: Self-Defense, UN Security Council Authorization; Collective Security under the United Nations; Peacekeeping Operations; Responsibility to Protect (R2P). · 2.3 Law of Treaties; Vienna Convention on the Law of Treaties (1969); Formation and Conclusion of Treaties; Reservations, Ratification, and Accession; Interpretation of Treaties; Termination and Suspension of Treaties. · 2.4 International Responsibility; Concept of State Responsibility; Attribution of Conduct to the State; Breach of International Obligations; Consequences of Internationally Wrongful Acts; Reparations (Restitution, Compensation, Satisfaction). · 2.5 International Humanitarian Law; Principles of International Humanitarian Law; Geneva Conventions and Additional Protocols; Distinction between Combatants and Non- Combatants; Protection of Civilians and Prisoners of War; War Crimes and Accountability Mechanisms.
- Peaceful Settlement of Disputes
- Functions and Role of ICJ in Peaceful Settlement of Disputes– Case laws
- Chapter VII of the UN Charter — Coercive Methods of Settlement of Disputes
- UNSC as Global Enforcement Agency
- Law of Treaties Definition, kinds and essentials Inception, interpretation of treaties
- State Responsibility 2.2
Unit III — International Human Rights and Humanitarian Law
3.1 Introduction to International Human Rights Law; Evolution of Human Rights in International Law; Universal Declaration of Human Rights (UDHR); International Covenant on Civil and Political Rights (ICCPR); International Covenant on Economic, Social, and Cultural Rights (ICESCR); Regional Human Rights Systems (European, Inter-American, African) · 3.2 Human Rights Treaties and Enforcement Mechanisms; Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); Convention on the Rights of the Child (CRC); International Convention on the Elimination of All Forms of Racial Discrimination (ICERD); UN Human Rights Council and Special Procedures; Role of Non-Governmental Organizations (NGOs) in Human Rights Enforcement. · 3.3 Introduction to Human Rights in India; Historical Development of Human Rights in India; Constitutional Framework for Human Rights: Fundamental Rights and Directive Principles of State Policy; Role of the Judiciary in the Protection of Human Rights; Judicial Activism and Public Interest Litigation (PIL) in Human Rights. · 3.4 Protection of Marginalized Communities; Rights of Scheduled Castes, Scheduled Tribes, and Other Backward Classes; Legal Provisions Against Discrimination: The Scheduled Castes and the Scheduled; Tribes (Prevention of Atrocities) Act, 1989; Protection of Minorities: Constitutional Safeguards and Statutory Provisions; Social Justice and Affirmative Action Policies in India. · 3.5 National Human Rights Institutions; Role of the National Human Rights Commission (NHRC) and State Human Rights Commissions; Powers and Functions of the NHRC; Effectiveness of Human Rights Commissions in Protecting Human Rights; Challenges Faced by National Human Rights Institutions in India.
- Human Rights: Concept, Definition, Evolution, Characteristics, Need, Limitations, Theories of Development of Natural Rights, Theories of Utilitarianism, Idealism, Socialism and Positivism
- Human Rights in India, the tradition of Human Rights in Indian context: ancient, medieval and modern
- The UN Human Rights System and UDHR
- International Covenant on Civil and Political Rights, First Optional Protocol, Second
- Human Rights Protection of Vulnerable Groups The Convention on Elimination of all forms of Discrimination Against Women (CEDAW), 1979
- Indian Constitution and Human Rights: Fundamental Rights and Directive Principles
- The Protection of Human Rights Act, 1993
- National Commission for Minorities: Constitution, Role and Responsibilities
- National Commission for Scheduled Castes: Constitution, Role and Responsibilities
- National Commission for Scheduled Tribes: Constitution, Role and Responsibilities
- Role of Judiciary in Protection of Human Rights in India
Unit IV — Law of the Sea and International Economic Law
4.1 Law of the Sea; United Nations Convention on the Law of the Sea (UNCLOS); Maritime Zones (Territorial Sea, Contiguous Zone, Exclusive Economic Zone, Continental Shelf); Rights and Duties of Coastal and Landlocked States; Dispute Settlement under UNCLOS; Protection of Marine Environment and Resources. · 4.2 International Air and Space Law; Principles of International Air Law; Regulation of Air Space and Outer Space; International Civil Aviation Organization (ICAO); Liability for Damage Caused by Space Objects; Peaceful Use of Outer Space. · 4.3 International Economic Law; Introduction to International Economic Law; World Trade Organization (WTO): Principles, Agreements, and Dispute Resolution; International Monetary Fund (IMF) and World Bank: Roles and Functions; Bilateral Investment Treaties (BITs) and Investor-State Dispute Settlement (ISDS); Challenges in Global Economic Governance · 4.4 International Investment Law; Principles of International Investment Law; Protection of Foreign Investments; Expropriation and Compensation; Investor-State Dispute Settlement (ISDS); Role of Multinational Corporations in International Law. · 4.5 International Environmental Law; International Legal Framework for Environmental Protection; Sustainable Development and International Law; Legal Responses to Climate Change; Protection of the Ozone Layer and the Montreal Protocol; Transboundary Environmental Issues and Disputes.
- The Law of the Sea: (Law of Sea Convention, 1982)
- Maritime Zones
- International Laws on Air and Space Rights
- WTO
- General Principles of International Trade Laws, UNCITRAL, International Arbitration Laws and TRIPS
- Environment Protection from International Perspectives — Stockholm Conference, Rio Declaration and Johannesburg Declaration