Introduction to sources of international law.
General Principles of Law.
Judgments discussing Different concepts recognised as general principles.
Customs.
Difference between usage and customs.
Legal Value of Customs.
Judicial decisions discussing customs as a source of law.
Treaties as source of international law
Types of treaties at the international level
Cases discussing the relevance of treaties in international law
Decisions of judicial and arbitral tribunals
Kinds of tribunals and courts at the international level
Value of judgments in international law
Cases discussing the relevance of judicial decisions
Juristic works as a source of international law
Peremptory norms of international law
Monism
Dualism
Harmonization Theory
British, American and Indian practice of application of International Law at the Municipal Level.
Elements of statehood
Micro States
Trust Territories
Doctrine of basic rights and duties of the states
Cases discussing the rights and duties of the states
Duty of state to not intervene in the affairs of another state;
Reasons for intervention and effects of intervention on the international community;
Classification of intervention;
Instances of intervention.
British Practice with regards to Exercise of Jurisdiction
Lotus Case
Exercise of Jurisdiction over Ports and Foreign Vessels
Technical Extension of the Principle of Jurisdiction (Subjective and Objective Theory)
Jurisdiction over Multinational Corporations
Diplomatic Immunity
Doctrine of Sovereign Immunity
Envoys and Ambassadors
Vienna Convention on Diplomatic Relations, 1961
The Convention on Offences and Certain Other Acts Committed on Board Aircraft (Tokyo Convention)
Definition of State Responsibility
Liability of the States
Act or Ommission as a cause of liability
Limits between International Law and Municipal Laws relating to state responsibility
Defences/ Justifications of State Responsibility
State Responsibility for breach of treaties
State Responsibility for breach of contracts
State Responsibility for expropriation of property
Nationalization of foreign property
Compensation under state responsibility
Calvo Clause and Drago Doctrine
Decisions relating to state responsibility
Injuries and corresponding liability unconnected with contractual obligations
Acts of government agencies and Attributability
Acts of private parties and Attributability
Delegation of government power and Attributability
Protection of citizens abroad
Exhaustion of local remedies as a pre-requisite to state responsibility
Discussion of the case of Saddam Hussain's annexation of Quwait.
Fault Theory in state responsibility
Claims of victims in case of state responsibility
Circumstances where local remedies are not effective
Assessment of damages
Attempts to establish international institutions prior to the league.
Treaty of Versailles and the League of Nations
League of Nations - Organs and Objectives
League of Nations - Achievements and Failure.
Events leading to the establishment of United Nations. The Charter, its objectives
Organs of UN.
Security Council:
Voting procedure
Powers: Pacific Settlement of International Disputes
Enforcement Action
Reasons for its weakness
The General Assembly
- Composition
- Voting Rights and Patterns
Powers and Functions of The General Assembly
- Important Conventions and Resolutions
- Quasi Legislative Competence
- Promotion of International Peace and Security
- Certain Expenses Case
- Peace Observer Commission
- Interim Committee of the General Assembly
- Powers of Appointment
The Economic and Social Council
- Historical Background
- Purpose and object
- Composition, Powers and Functions
- Criticism
Secretariat of the United Nations
- History
- Composition
- Office of the Secretary General of the United Nations
- Powers and Functions
International Court of Justice (World Court)
- History
- Appointment, term and qualifications of the judges
- Who can be a Party before the ICJ
- Implementation of the ICJ Judgments
- Jurisdiction of the ICJ
- Reference of a dispute to the ICJ
- Advisory Jurisdiction of the ICJ
- Types of matters referred to the ICJ
- Development of International Law by the ICJ
Cases decided by the ICJ
- Reparations case, 1949
- Anglo Norwegian Fisheries Case, 1950
- Certain Expenses Cases, 1952
- The case relating to effect of the awards of Administrative Tribunals, 1954
- South-west Africa Case
- Nicaragua Case
- Barcelona Traction Case
- Pulp Mills Case
Indian Representation at the ICJ
History of the Convention of Law of Treaties
State Practice regarding Law of Treaties
What is a Treaty?
Scope of Vienna Convention on Law of Treaties
Status of International Treaties in Municipal Jurisdictions
Third Party Treaty Obligations
Forms of Treaties
- Between Heads of states
- Between Governments
- Between States
- Between Department of the state
- Between Ministries of the Government
Is it necessary for treaties to be in written form?
- Eastern Greenland Case, 1932
- Nuclear Test Case
Terminologies used under Law of Treaties
- Convention
- Procès - Verbal
- Declarations
- Modus Vivendi
- Exchange of notes
Parties to the Treaties
Treaty Obligations
Treaties Crafting Universal Rules of International Law
Negotiation and Signing of Treaties
Ratification of Treaties
Effect of Signing and Ratifying the Treaties
Effect of International Treaties on non-signatories
Act of Accession
Act of Adhesion
Registration and Publication of Treaties
Reservations regarding Treaty Provisions
Revision and Amendment of Treaties
Inconsistent Treaties
Termination of Treaties
Interpretation of Treaties
Historical Development of the Law of Seas
- Idea of Freedom of Seas as propounded by Roman Jurists
- The debate between Hugo Grotius and Gentili regarding the concept of freedom of seas
- Cannon Shot Rule
- Alabama Arbitration, 1872 (Principle of Neutrality)
- Sovereignty over Sea
- Franconia Case, 1876
- League of Nations Conference Regarding Breadth of Territorial Sea, 1930
- Development of the concept of continental shelf
- Corfu Channel Case, 1949
- Anglo-Norwegian Fisheries Case, 1951
- Geneva Convention on Law of Seas, 1958
- Conference on Transit trade of Land-locked states, 1959
- Treaty of Antarctica, 1959
- Concept of Common Heritage of Mankind
- Torrey Canyon Oil Spill
Inadequacy of the Geneva Convention on Law of Seas, 1958 to deal with new issues.
North Sea Continental Shelf case and the development of the equitable principles
Seabed and Arms Control Treaty, 1971
Third Conference on the Law of Seas, 1982
United Nations Convention on Law of Seas, 1982
Provisions relating to United Nations Convention on Law of Seas, 1982
- Measurement of the territorial sea
- Internal Waters
- Freedom of Innocent Passage
- Jurisdiction of Coastal States over Territorial Water
- Contiguous Zone
- Sanitary Provision
- Exclusive Economic Zone
- Doctrine of Hot Pursuit
- Exploration and Exploitation of Sea Resources
- High Seas
- Freedoms relating to the High Seas
- Piracy
- Continental Shelf
- International Seabed Authority
- Law of the Seas Tribunal
- Conservation of Marine Resources
02.11.2020 (Monday)
(The first of many. Students may attempt it on this or on any of the other dates to be announced later.)
5.11.2020 (Thursday)
5.00 pm to 9.00 pm