Public International Law

Maharashtra National Law University, Aurangabad · LL.B. Semester 5

Unit I — Nature and Development of International Law

Meaning and Definition of International Law, Theoretical Basis of International Law - Natural law Theory, Positive Law Theory, Grotius Theory and Consent theory, Historical perspective of International Law - Codification of International Law, Work of International Law Commission

Unit II — Sources of International Law

Statute of the International Court of Justice, 1945 (Article 38), International Treaties and Conventions, International Custom, General Principles of Law Recognized by Civilized Nations, Judicial Decisions of International and National Courts, and Juristic Opinion Other Sources of International Law - Resolutions of General Assembly, Resolutions of Security Council

Unit III — Relationship between International Law and Municipal Law

Theoretical Perspectives - Monistic Theory, Dualistic Theory, Transformation theory, Delegation Theory, and Specific Adoption theory, Practice of States - United Kingdom, United States of America and India

Unit IV — Subjects of International Law

Meaning and Definition of State, Kinds of Different States in International Law – Sovereign States, Semi Sovereign States, Protectorate, Vassal, Trust Territories, Special type of States - Holy State and Neutralized States, Individuals as subjects and object of Public International Law, Role and Status of Multi-National Companies

Unit V — Recognition of States

Meaning and Significance of Recognition, Theories of Recognition - Constitutive Theory, Declarative Theory, Stimson Doctrine and Estrada Doctrine, Types of Recognition - De-facto, and De-jure.

Unit VI — State Jurisdiction

Territorial Jurisdiction - Civil and Criminal jurisdiction, Universal Jurisdiction, Extraterritorial Jurisdiction of State, State Jurisdiction and State Territory-Land Territory - National Waters, Territorial sea-Contiguous zone-Exclusive Economic Zone—Air and Outer Space – obligations of states under outer space Treaty 1966 Jurisdiction based on Nationality - Modes of Acquiring and Losing, Nationality, Double Nationality, and Nationality of Married Women - Indian position, Meaning and Significance of Statelessness - Role of UNHCR, Meaning and Definition of Extradition - Types of offenders and Process of Extradition, Definition and Significance of Asylum - Territorial and Extra-Territorial Asylum.

Unit VII — Law of Treaties

Meaning and Definition of a Treaty, Types of Treaties, Parties to a treaty - Formation of a Treaty, Significance of Pacta Sunt Servanda, Significance of Jus Cogens, Role of Rebus Sic Stantibus (Changed Circumstances) in Treaties

Unit VII — Settlement of Disputes

Legal and Political Disputes, Pacific Means, Extra-judicial Pacific Means- Negotiation- Good Offices- Mediation-Conciliation- Inquiry- Arbitration, Coercive and Compulsive Measuresaa - Retortion - Reprisals - Embargo - Pacific Blockade - Intervention.

Unit IX — International Institutions

Historical Origin of International Institutions - League of Nations - An Overview, United Nations - Purposes and Principles, Structure, Powers and functions of (a) Security Council, (b) General Assembly, (c) Economic and Social Council, (d) Trusteeship Council, (e) Secretary General - Appointment, Powers and Functions, International Court of Justice - Historical Evolution and Composition, Types of Jurisdiction of the Court – Contentious and Advisory, Law Applied by the Court and Binding Nature of Judgment, Legal Status of International Organizations.