Public International Law

Mahatma Jyotiba Phule Rohilkhand University · LL.B. Semester 3

Unit 1

International Law; Nature & Definition · i. Public International Law: Nature & Historical Development, Relationship between International Law and International Politics · ii. Definitions of Public International Law · iii. Sources of Public International Law. · iv. Relationship and difference between Public International Law and Municipal Law · v. Subjects of Public International Law: States, Individuals and international organization. · vi. Sanctions in International Law. · vii. Enforcement of International Law. viii. Sovereignty in International Law: Historical development and Recent Challenges (Sovereignty as Responsibility, Subsidiary and the impact of Globalization)

Unit 2

Succession, Intervention, Jurisdiction · i. Recognition-Definition of State Recognition, Recognition of Government, Theories of Recognition, Recognition De Jure and De Facto, The Duty to Recognize, Legal Effect of Recognition, Withdrawal of Recognition, Retroactive effect of Recognition. · ii. States Succession: Definition and Kinds of Succession, Consequences of States Succession, Succession in respect of International organization. · iii. Intervention: Definition, Grounds of Intervention, Intervention by Invitation, Prohibition on Intervention, Humanitarian Intervention, and Responsibility to Protect (R2P). · iv. Jurisdiction: Meaning, Nature, Difference between sovereignty and jurisdiction. v. State Responsibility

Unit 3

International Organizations · i. International Organization: Historical Development, Kinds, Approaches, Legal Personality, Capacity to enter into international treaties. · ii. Relevancy of Perpetual Peace Models in the Development of International Organizations. · iii. Comparative Study of Covenant of League of Nations and UN Charter.

Unit 4

United Nations Charter · i. Establishment of UN Charter. · ii. Preamble of UN Charter. · iii. Purposes and Principles of the UN Charter · iv. Membership: Admission, Suspension, and Expulsion, with drawl from UN Charter. · v. Functions and powers of General Assembly, Security Council, Economic and Social Council, Trusteeship Council, Secretariat. · vi. Amendments to UN Charter (Art 108 and 109 of UN Charter).

Unit 5

Dispute Settlement · i. Pacific Settlement of Disputes: Negotiation, Arbitration, Conciliation, Mediation, Good offices, Chapter VI of UN Charter, Judicial Settlements of Disputes by International Courts and Tribunals: Difference between Dispute and Situation, Difference between Permanent Court of International Justice and International Court of Justice, International Court of Justice: Composition, Jurisdiction and Basic Principles. · ii. Sanctions under Chapter VII of the UN Charter. · iii. Collective Security under the UN Charter.