Public International Law and International Human Rights
Maharshi Dayanand Saraswati University · LL.B. Semester 4 · LL.B/401
Unit 1 — Introduction
A. Definition · B. Distinction between Public International law and Private International law · C. Nature and Basis of International law · D. Sources of International Law · E. Relationship between International law and Municipal law · F. Codification of International law · G. Subjects of International law
- Nature, Origin and Historical Development of International Law
- Definitions of International Law
- Fundamentals of International Law — Theories and Doctrines in International Laws
- Sources of International Law
- Relationship between International Law and Municipal Law, Monistic Theory, Dualistic Theory)
- Definition, meaning and scope of private international law
Unit 2 — State
A. Concept of State and its essential ingredients · B. State Territory- Concept, Territory of State- Land, Water and Air, Acquisition and loss of state territory · C. Law of the Sea: Maritime belt, Contiguous Zone, Continental Shelf,, Exclusive Economic Zone, The High Seas, Land Locked States, · International Tribunal for the Law of the Sea, Piracy, and Outer space: · Various theories, Aerial Navigation, Outer Space Treaty, 1967 · D. State Jurisdiction- Territorial and Extra -territorial jurisdiction and its limitations · E. Recognition of State- Definition of State Recognition, Recognition of Government, Theories of Recognition, De Jure and De Facto Recognition, Legal effect of Recognition, Collective Recognition, Withdrawal of Recognition, Retroactive effect of Recognition, Recognition of Belligerency, Recognition of Insurgency · F. State succession- Definition and Kinds of Succession, Consequences of State Succession, Succession in respect of International Organization · G. State Responsibility- Kinds, Consequences
Unit 3 — Individual and International Law
A. Place of Individual in International Law · B. Extradition- Definition, Purpose, Legal duty, Extradition of Political Offenders, Doctrine of Double Criminality, Rule of Speciality · C. Asylum- Meaning, Right of Asylum, Types of Asylum · D. Human Rights- Concept of Human Rights, Convention and Covenant of Human Rights · E. Nationality- Acquisition, Loss, Statelessness · F. Individual Criminal Responsibility
- Definition of Nationality, Concept of Double Nationality, Distinction between Nationality and citizenship
- Human Rights: Concept, Definition, Evolution, Characteristics, Need, Limitations, Theories of Development of Natural Rights, Theories of Utilitarianism, Idealism, Socialism and Positivism
- The UN Human Rights System and UDHR
- International Covenant on Civil and Political Rights, First Optional Protocol, Second
Unit 4
A. Intervention- Definition, and its Prohibition, Grounds of Intervention, Intervention by Invitation · B. Diplomatic Envoys, Consuls and other representatives- Classification, Function, Immunities, and Privileges, Waiver of Immunity · C. U.N.O. - General Assembly, Security Council, International Court of Justice · D. The Law and Practice as to Treaties- concept of treaties, kinds of treaties, Binding force of treaties, Pacta Sunt Servanda, Jus cogens, Rebus Suc Stantibus , Parties of a treaty, Formation of Treaty, Reservations, Invalidity and Termination of Treaties etc. · E. Environment and International Law
Unit 5
A. War, Laws of War, War Crimes, Aggression · B. Belligerent occupation: Neutrality, Blockade and central · C. Settlement of Dispute · D. International Terrorism · E. Disarmament · F. Air Craft hijack