Public International Law

Jamia Millia Islamia · LL.B. Semester 4

Unit I — INTRODUCTION

Definition, Nature and Origin of International Law · Theories as to the Basis of International Law-Relations between International Law & Municipal Law-Sources of International Law-Statute of the International Court of Justice (Article 38)-General Concepts-Pacta Sunt Servanda, Rebus Sic Stantibus, Jus Cogens · Relationship between International Law & Municipal Law: Theories, State Practice – UK, USA and India. · Codification and Progressive Development of International Law

Unit II — LAW OF PEACE-I

Subjects of International Law: Concept of Subject of Law and of Legal Personality and Classification of Subjects · State: Condition of Statehood-Territory and Underlying Principles- Sovereignty- Concept, Right and Duties under International Law; Recognition of States: Meaning & Definition-Theories-Modes: De jure & De facto-Legal Effects of Recognition-Withdrawal of Recognition. · International Organisation: Concept, Rights and Duties under International Law · Individuals as subjects of International Law: Individual Criminal Responsibility – International Criminal Courts and Tribunals, International Crimes; Other Non-State Actors

Unit III — LAW OF PEACE-II

State Jurisdiction: Territory – Acquisition and Loss of Territory, Principle of Exercise of Jurisdiction, Criminal Jurisdiction, Hijacking, Extradition and Asylum · State Responsibility: Elements of International Responsibility, Concept of ‘Denial of Justice’ by a State, State Responsibility in respect of the Protection of Lives and Property Claims, Nationality of Claims, 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, 2001 · State Succession: Continuity and Succession, Succession of Treaties, Succession with Respect to Matters other than Treaties · Settlement of International Disputes: Legal and Political Disputes, Pacific and Coercive Means

Unit IV — LAW OF SEA

Maritime Belt (or Territorial Waters)-Contiguous Zone-Continental Shelf- Exclusive Economic Zone (EEZ) · High Seas · International Sea-Bed Area · International Maritime Organization (IMO)-International Tribunal for the Law of the Sea

Unit V — INTERNATIONAL TRANSACTION & ORGANIZATION

Diplomatic Agents: Classification & Functions-Immunities and Privileges of Diplomatic Agents-Theoretical Basis of Immunities-Termination of Diplomatic Mission and Refusal to Accept Diplomatic Agents · International Treaties: General Concept & Allied Issues · United Nations on War and War Crimes-Permanent Organs of UN-General Assembly-Security Council & International Court of Justice · International Criminal Court (Rome Statute)