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Course Manual 2

This course outline provides details for a Public International Law course, including administrative details, subject weighting, student workload, delivery mode, prerequisites, learning outcomes, and session-by-session topics. The course is a core subject offered over one semester for 5-year BBA LLB and 3-year LLB programs. It is worth 2 credit points and students can expect a total weekly workload of 9 hours, including 4 hours of class time and 5 hours of personal study. Topics will be covered over 10 class hours across 3 sessions in the first unit on the nature, definition, origin and sources of international law.

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0% found this document useful (0 votes)
65 views14 pages

Course Manual 2

This course outline provides details for a Public International Law course, including administrative details, subject weighting, student workload, delivery mode, prerequisites, learning outcomes, and session-by-session topics. The course is a core subject offered over one semester for 5-year BBA LLB and 3-year LLB programs. It is worth 2 credit points and students can expect a total weekly workload of 9 hours, including 4 hours of class time and 5 hours of personal study. Topics will be covered over 10 class hours across 3 sessions in the first unit on the nature, definition, origin and sources of international law.

Uploaded by

Sammy D'Souza
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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COURSE OUTLINE

Name of Course
Public International Law

SECTION 1 – GENERAL INFORMATION


1.1 Administrative details
Associated higher Duration Subject Coordinator/s
education awards

5 years BB.A LL.B Semester – VIII (one


3 years LL.B semester) of B.B.A.LL.B.
AMAN KUMAR
Semester - IV (one
semester) LL.B.

1.2 Core or elective subject


Indicate if the subject is a
Core subject
Elective subject
Other (please specify below):

1.3 Subject weighting


Using the table below, indicate the credit point weighting of this subject
Subject credit points

02 credit points (ECTS) equivalent to 4 KSLU Credits

1.4 Student workload


Using the table below, indicate the expected student workload per week for this
subject.
No. timetabled hours No. personal study Total workload hours per
per week* hours per week** week***
(including Group
Work)
4 hours 5 hours 9 hours
* Total time spent per week at lectures, tutorials, clinical and other
placements etc.
** Total time students are expected to spend per week in studying, completing
assignments, etc.
*** That is, * + ** = workload hours.
1.5 Delivery mode
Tick all applicable delivery modes for the subject:
Face to face on site

1
E-learning (online)
Intensive (provide details)

Block release (provide details)

Work-integrated learning activity


Mixed/blended
Distance/independent learning
Full-time
Part-time
External
Fast track (provide details)

Other (please specify)

1.6 Pre-requisites and co-requisites


Are students required have undertaken a prerequisite or co-requisite subject for
this subject?
Yes No
If YES, provide details of the prerequisite or co-requisite requirements below.

1.7 Other resource requirements


Do students require access to specialist facilities and/or equipment for this
subject (for example, special computer access, and physical education
equipment)?
Yes No
If YES, provide details of specialist facilities and/or equipment below.

1.8. Career Track


Probably, the most neglected yet the most significant branches of law is International
Law. Despite affecting almost every aspect of our life, the subject is not dealt with
properly in the law schools in India. This introductory course aims to fulfill that gap. It

2
will sensitize the students about the different aspects of international law. Students will
learn the meaning, nature and origin of the subject. They will learn how international
law affects domestic laws and how the Indian courts deal with the subject. They will
also develop an understanding of international organisations like the United Nations,
World Trade Organisation, International Labour Organisation etc. Successful
completion of this course will prepare students to work for these international
organisations. It will also equip them with knowledge which can be used in domestic
trials and cases.
1.9. Alignment with Learning Goals and Learning Objectives
Aligned to:
GLG 1.1: Oral Persuasive Communication,
GLG 1.4: Critical Analysis of Contemporary Issues,
GLG 1.3: Teamwork,
GLG 5.2: Visualisation of Situation
GLG 5.3: Articulation of Situation
GLG 5.4: Knowledge of Legal Recourse
GLG 5.5: Proficiency in Advocacy tools

Assessment: Mid/End Term Exams and Internal Activity

3
SECTION 2 – ACADEMIC DETAILS
Learning outcomes for Assessment tasks
Course
Type When assessed – Weighting
year, session and (% of total marks
week for subject)
Understanding
the relationship
Judgment During the Semester 10%
between
international Discussion
law and
municipal law
Case Studies During the Semester 10%
Understanding Mock Trials During the Semester 10%
how states
Mid Term & 40% and 30%
exercise their End of Course
End Term Exam respectively
territorial
jurisdiction

Understanding
the law
governing the
Seas

Understanding
how
international
law governs
individuals
Total 100%
Understanding
the functioning
of United
Nations, World
Trade
Organisation
and
International
Labour
Organsiation

4
2.1 Session Wise Details1

Pre-session
Session Topic Pedagogy
Readings
Each Module has a structure that will be followed right through the course. For case sessions, it is
mandatory to come prepared to class after reading, discussing within your respective groups and
analysing the cases. Pre-reads and cases specified for the relevant sessions should be read before
each class.

1
Subject to modification throughout the semester

5
Pre-session
Session Topic Pedagogy
Readings

Unit I : Nature, Definition, Origin of International Law 2.5 Weeks (10


Hours)

Nature and Definition of Martti Lecture


International Law Koskenneimi,
2 Hours
What is
International
Law for?, in
Malcolm D
Evans,
International
Law, pp. 89-114
Christopher G.
Weeramantry,
"International
Law and the
Developing
World: A
Millennial
Analysis--
Keynote
Address,"
Harvard
International
Law Journal 41,
no. 2 (Spring
2000), pp. 277-
286
James
Crawford,
International
Law as
Discipline and
Profession,
Proceedings of
the Annual
Meeting
(American
Society of
International
Law), Vol.106
(Mar. 28, 2012),
pp. 471-486

2 Hours Origin and Basis of International Stephen C Neff, Lecture


Law A Short History
of International
Law, in
Malcolm D

6
Pre-session
Session Topic Pedagogy
Readings
Evans,
International
Law, pp. 31-58

2 Hours Sources of International Law Hugh Thirlway, Lecture


The Sources of
International
Law, in
Malcolm D
Evans,
International
Law, pp. 117-
144
M Akehurst, ‘The
Hierarchy of the
Sources of
International Law’
(1975) British
Yearbook of
International Law
(1975) 273.

2 Hours A. Chandra, Lecture


Relationship between International India and
Law an Municipal Law international law
- formal dualism,
functional
monism, Indian
Journal of
International
Law, 57(1-2),
2017, pp. 25–45
V. G. Hegde
(2010). Indian
Courts and
International
Law. Leiden
Journal of
International
Law, 23, pp 53-
77
Vishakha and
Ors. v State of
Rajasthan and
Ors., AIR 1997
SC 3011
2 Hours Case study on Relationship Gramophone Lecture
Company of
7
Pre-session
Session Topic Pedagogy
Readings

Unit II : Subjects of International Law, Recognition and Territorial Sovereignty

3.5 Weeks (14


Hours)

2 Hours Subjects of International Law Robert Kolb, “Theory Lecture


of International Law”,
Hart (2016), The
Subjects of
International Law, pp.
183-192
2 Hours States as Subjects of International Lecture
Law
2 Hours States in General Gerry Simpson, Lecture
Something to do
with States, in
Anne Orford and
Florian
Hoffmann
(Eds.), “The
Oxford
Handbook of the
Theory of
International
Law”, OUP,
2016, pp. 603-
622

2 Hours Recognition Colin Warbrick, Lecture


States and
Recognition in
International
Law, in
Malcolm D
Evans,
International
Law, pp. 205-
268
2 Hours State Territorial Sovereignty Quincy Wright, The Lecture
Goa Incident,
American Journal of
International Law ,
Jul., 1962, Vol. 56, No.
3, pp. 617-632
2 Hours In Focus: On Palestine Status as a Decision on the Lecture
State ‘Prosecution request
On ICC’s judgment in the Situation pursuant to article
in Palestine 19(3) for a ruling on
the Court’s territorial
jurisdiction in

8
Pre-session
Session Topic Pedagogy
Readings
Palestine’, ICC-01/18,
Pre-Trial Chamber-I, 5
February 2021
2 Hours In Focus: On the UN involvement Clyde Eagleton, The Lecture
regarding Hyderabad and Case of Hyderabad
Bangladesh’s status as a State Before the Security
Council, American
Journal of International
Law , Apr., 1950, Vol.
44, No. 2, pp. 277-302

9
Pre-session
Session Topic Pedagogy
Readings

Unit III : State Jurisdiction, Law of The Seas, State Responsibility, Succession to Rights
and Obligations
3.5 Weeks (14
Hours)
2 Hours State Jurisdiction Lecture

4 Hours Law of the Sea R. P. Anand, Tyranny Lecture


of Freedom of Seas
Doctrine, International
Studies

Bay of Bengal
Maritime Boundary
(Bangladesh-India)
4 Hours State Responsibility Chittharanjan Felix Lecture
Amerasinghe, The
Essence of the
Structure of
International
Responsibility, pp. 3-6
and Julio Barboza,
Legal Injury: The Tip
of the Iceberg in the
Law of State
Responsibility?, pp. 7-
22 in Maurizio Ragazzi
(ed.), “International
Responsibility Today
Essays in Memory of
Oscar Schachter”,
Martin Nijhoff, 2005
2 Hours Succession to Rights and China’s Case Lecture
Obligations Yugoslavia’s Case
Russia’s Case
2 Hours In Focus: Discussion on Enrica The 'Enrica Lexie' Mock Trial
Lexie Case Incident (Italy v.
India), PCA Case No.
2015-28

Unit IV: State and the Individual, Law and Practice as to Treaties 3.5 Weeks
(14 Hours)

2 Hours State and Individual Lecture

4 Hours Extradition, Asylum, Nationality Lecture

10
Pre-session
Session Topic Pedagogy
Readings
2 Hours Agents of International Business, Arthur Eyffinger, Lecture
Diplomatic Envoys, Consuls and Diplomacy, pp.
Other Representatives 814-840, in
Bardo
Fassbender and
Anne Peters
(eds.), “The
Oxford
Handbook of the
History of
International
Law”, OUP,
2012
4 Hours Malgosia Lecture
Law and Practice as to Treaties Fitzmaurice, The
Practical
Working of the
Law of the
Treaties, in
Malcolm D
Evans,
International
Law, pp. 173-
201
David Armitage,
Treaties in
Danger?
Contemporary
Crises of
International
Order in
Historical
Perspective, in
Ricerche di
storia politica, 24
(2021)
2 Hours In Focus: Discussion and Mock M. J. Polak, The Mock
Trial on Jadhav Case (ICJ) Jadhav case and Trial
the right to
consular
assistance -
“confessions,
spies, and
remedies in
international
law, Indian
Journal of
International
Law, 57(3-4),
2017, pp. 385–
409
11
Pre-session
Session Topic Pedagogy
Readings

Unit V: United Nations, World Trade Organisation, International Labour Organisation

2.5 Weeks (10


Hours)

United Nations UN Charter, Lecture


Articles 1, 2,
6 Hours
Chapter IV,
Chapter V,
Chapter VI,
Chapter VII
2 Hours World Trade Organisation Rémi Bachand, Lecture
What’s Behind
the WTO Crisis?
A Marxist
Analysis,
European Journal
of International
Law, 2020
Manoj Mate, The
WTO and
Development
Policy Space in
India, The Yale
Journal of
International
Law, Vol 45:2,
2020, pp. 285-
334
1 Hours International Labour Organisation Jan Klabbers, Lecture
Theorizing
International
Organizations,
in Anne Orford
and Florian
Hoffmann (Eds.),
“The Oxford
Handbook of the
Theory of
International
Law”, OUP,
2016, pp. 660-
676
1 Hours
Conclusion and Review of the
Course

12
2.2 Prescribed and Recommended Readings

Textbooks (available in the IFIM Library as of 01 March 2021)


 Robert Jennings and Arthur Watts, Oppenheim’s International Law, Volume I, Peace, 9th
ed., 1st Impression, 2015, Oxford University Press
 Malcolm N Shaw, International Law, 6th ed., 2016, Cambridge University Press
 Paola Gaeta, Jorge E. Vinuales & Salvatore Zappala, Cassese’s International Law, 3rd ed.
2020, Oxford University Press
 I A Shearer, Starke’s International Law, 11th ed., Reprint, 2017
 James Crawford, Brownlie’s Principles of Public International Law, 8th ed., 2012, Oxford
University Press
 M P Tandon, Public International Law, 18th ed, 2017, Allahabad Law Agency
 H O Agarwal, International Law and Human Rights, 21st ed., Reprint 2017, Oxford
University Press
Other Books/Book Chapters

13
 David Lefkowitz, Philosophy and International Law: A Critical Introduction, Cambridge
University Press,
 Jean d’Aspremont and Sahib Singh (eds.), Concepts for International Law Contributions
to Disciplinary Thought, Edward Elgar, 2019
 Jessie Hohmann and Daniel Joyce, International Law’s Objects, OUP, 2018
 R. P. Anand, Origin and Development of the Law of the Seas, Martin Nijhoff, 1982
 Robert Kolb, “Theory of International Law”, Hart (2016)
 Anne Orford and Florian Hoffmann (Eds.), “The Oxford Handbook of the Theory of
International Law”, OUP, 2016
 Jean D’Aspremont, Towards a New Theory of Sources in International Law, in Anne
Orford and Florian Hoffmann (Eds.), “The Oxford Handbook of the Theory of
International Law”, OUP, 2016
 Jean d’Aspremont, A Worldly Law in a Legal World, in Andrea Bianchi & Moshe Hirsch
(eds), International Law’s Invisible Frames (OUP, 2021)
Journal Articles
 R. P. Dhokalia, The Teaching of International Law and International Institutions in the
Indian Universities, Journal of the Indian Law Institute , Vol. 13, No. 3 (July-September
1971), pp. 305-325
 Hans J. Morgenthau, Positivism, Functionalism, and International Law, The American
Journal of International Law, Vol. 34, No. 2 (Apr., 1940), pp. 260-284
 George Rodrigo Bandeira Galindo and Cesar Yip, Customary International Law and
the Third World: Do Not Step on the Grass, (2017) 16 Chinese Journal of International
Law 251.
 Onuma Yasuaki, International Law in and with International Politics: The Functions of
International Law in International Society, EJIL 14 (2003) 105-139

Date: 27 February 2021


Partial Copyright © Aman Kumar, Assistant Professor, IFIM Law School

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