Public International Law
Guru Ghasidas Vishwavidyalaya · LL.B. Semester 7 · LAIGTT3N
Unit I — Introduction and Nature of Public International Law
Meaning, nature, characteristics, · Historical development and Evolution of Public International Law · Differences between Public and Private International Law · Theoretical foundations: Natural law, Positivism, and Realism and other contemporary theory
Unit II — Source of International Law
Traditional sources (Art. 38 of the ICJ Statute): · International Treaties · International Customs · General Principles of Law · Judicial Decisions and Juristic Writings · Emerging and Subsidiary Sources: Resolutions, Declarations, and Soft Law · Codification and Progressive Development of International Law
Unit III — Relationship between International Law and Municipal Law
Theoretical Approaches: · Monism and Dualism · Transformation and Specific Adoption Theories · Delegation Theory, and Harmonization Approach · Application in national jurisdictions: Focus on Indian Constitutional and Judicial practice
Unit IV — States in International Law and Recognition of States and Government
States as Subjects of International Law · Definition and essential attributes (Montevideo Convention) · Modes of acquisition and loss of statehood · Right of Self-Determination · Classification: Sovereign, Non-Sovereign States; Trust Territories, Mandates, and Protectorates · Special cases : Palestine, Kosovo, Taiwan, Vatican City · Territorial Sovereignty: Scope: Land, Maritime Zones, Airspace, Subsoil, Outer Space · Recognition of States and Governments · Concept, Importance, and Theories (Constitutive and Declaratory) · Types and effects: De jure, De facto, Explicit, Implicit, Conditional, Collective · Recognition of Belligerency and Insurgency · Withdrawal and non-recognition · Consequences and implications of recognition for international relations and legal status
Unit V — Jurisdiction, State Responsibility, and State Succession
State Jurisdiction · Concept and Types: Legislative, Executive, Judicial · Civil and Criminal Jurisdiction · Bases of criminal jurisdiction: Territorial, Nationality, Passive Personality, Protective, Universality · Civil Jurisdiction and Limitation · Immunities Under International Law: Diplomatic, Sovereign Immunity and Functional · State Responsibility · Nature and Origin of State Responsibility · Internationally wrongful acts and State Responsibility · Rules of attribution, circumstances precluding wrongfulness · Consequences, Remedies and Reparations · State Succession · Concept, Causes and Types (Universal and Partial) · Principles of State Succession: Continuation and Clean Sate · Right and Duties arising out of State Succession: Treaties, Public Property, Debts and Archives
Unit VI — Individuals Under International Law: Nationality, Statelessness, Asylum, and Extradition
Nationality: Meaning, Acquisition, Loss, Dual Nationality · Statelessness: Causes, Impact and and international conventions (1954, 1961) · Asylum: Meaning and Definition; Types of Asylums: Territorial, Diplomatic, and Political Asylum; Distinction between Asylum seekers and Refugees · Extradition: Definition, Purpose, Principles (Dual criminality, Rule of Speciality), Exceptions (Political Offence, Humanitarian Grounds etc.) · Indian legal framework: Extradition Act, 1962 and relevant case laws
Unit VII — Law of International Treaty
Definition, Nature and Classification of Treaties · Treaty-Making Process · Vienna Convention on the Law of Treaties, 1969 · Key Principles: Pacta Sunt Servanda, Jus Cogens, Rebus Sic Stantibus · Reservations, Amendments, and Modifications · Invalidity, Termination and Suspension of Treaties and their Grounds
Unit VIII — Settlement of International Disputes
Introduction · Nature and Classification of Disputes: Legal versus Political · Importance of dispute resolution in international order · Peaceful (Pacific) Means of Settlement (as recognized under Article 33 of the UN Charter) · Negotiation – direct dialogue between disputing parties · Mediation – third-party assistance with active participation · Good Offices – third-party facilitation without active involvement · Conciliation – fact-finding and proposals by a neutral commission · Arbitration – binding decision by an agreed-upon tribunal · Judicial Settlement – adjudication by permanent judicial bodies (e.g., ICJ, ITLOS) · Compulsive (Coercive) Means of Settlement (used outside or in absence of peaceful resolution) · Retorsion – lawful but unfriendly retaliatory acts · Reprisals – Otherwise unlawful acts taken in response to prior illegal acts · Embargo – Restriction or Prohibition on trade or movement · Pacific Blockade – Naval Blockade without a State of War · Intervention –Legal Prohibition and Exceptions · Institutional Framework · Role of the United Nations: Security Council and General Assembly · Regional Arrangements (UN Charter Chapter VIII) · Role of ICJ and other Tribunals