PUBLIC INTERNATIONAL LAW (AMBEDKAR UNIVERSITY)

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 BA, BBA LLB 5th semester Public International Laws (ALU)

 

PAPER 5.5. PUBLIC INTERNATIONAL LAW–I

 

SCHEME OF PAPER: MAX. MARKS: 100 MIN. PASS MARKS: 36 This paper shall consist of following two parts: (a) Written paper — 70 marks (b) Internal examination — 30 marks (15+10+5) Mid Semester Test: 15 marks Project/Assignment:10 marks Presentation: 05 marks The candidate must pass in part (a) and (b) separately. For passing, he shall be required to obtain 36 percent marks in each part, i.e. 25 marks out of 70 and 11 marks out of 30 marks. (1) The question paper shall be divided into two (02) Parts viz. Part – A and Part – B. (2) Part – A shall consist of five (05) compulsory questions of two (02) marks each whereas Part – B shall consist of seven (07) questions. The Candidate is required to attempt any four (04) questions. All questions carry equal marks. (3) The prescribed syllabus includes latest amendments in the subject wherever applicable.

 

OBJECTIVES OF THE COURSE: The objective of teaching this subject is to equip the students of Trans National Law that applies to States in their inter relations and evolved world order, aim to make a better, cooperative, peaceful and developing world. Outcome will be better understanding of intrastates‘ relations, working and importance of world Institutions.

 

UNIT-I Nature and Scope of International Law; Definition, Significance an Difference Between Private and Public International Law; Sources of International Law; Subjects of International Law;Means of Acquisition of Territory;

 

UNIT-II Concept of Nationality and Treatment of Aliens; Recognition of States; International Law and Municipal Law; Concept of State; Essential Ingredients and Kinds of States; Territory of State; War, its Legal Character and Effects; The Law of Neutrality: Basis, Role, Rights and Duties of Neutral States;

 

UNIT-III Asylum, Extradition, Diplomatic agents, Counsels, Classification and Function of Diplomatic Agents; Privileges and Immunities with reference to Vienna Convention on Diplomatic Relation, 1961; Treaties: Definition, Basis, Classification and Formation of Treaties, Interpretation and Revision of Treaties, Principles of Jus Cogens and Pacta Sunt Servenda, Termination of Treaties, Vienna Convention on the Law of Treaties, Pacific and Compulsive means of Settlement of International Disputes;

 

UNIT-IV Law of the Sea: Concepts of Mare Liberum and Mare Clausum; The Anglo Norwegian Fisheries Case and Its After Math; The Technological Revolution and the Utilization of the New Resources of the Sea; Population Explosion and Its Impact; Changing Concepts of Maritime Frontiers: Territorial Sea, Contiguous Zone, Continental Shelf& Exclusive Economic Zone, High Seas; Territorial Waters and Contiguous Zone; Principles for Determination of Maritime Frontiers And Maritime Boundaries under the Customary and Conventional Law; Exploitation of Deep Sea: Bed Resources: International Sea Bed Authority; UNIT-V War, its Legal Character and Effects, Enemy Character, Armed Conflicts and other hostile relations; Belligerent Occupation, War crimes, Termination of War and Doctrine of Post Liminium and Prize Courts; War Pacific and Compulsive Means of Settlement of Disputes Rules of Warfare; Neutrality; War Crimes;

 

LEADING CASES*: 1) Civil Air Transport Inc. v. Central Air Transport Corporation, Judicial Committee of the Privy Council, (1953) AC 70. 2) Corfu Channel case (French: Affaire du Détroit de Corfou) International Court of Justice (ICJ) between 1947 and 1949 3) Colombia v Peru 1950 ICJ 6 (Asylum Case) International Court of Justice. 4) North Sea Continental Shelf Case, ICJ Report 1969, P. 39 5) Nuremberg Trial - The International Military Tribunal – Nuremberg, 1946 41 AJL 1947, P. 12. 6) Re Castioni Case (1891) Q.B. 149 7) S.S. Lotus Case (1927) PCIJ Series A No. 10\ 8) South West Africa Cases, 1949 - 1971 9) United Kingdom v. Norway (Anglo-Norwegion Fisheries Case (ICJ Report) (1951) 116 10) Zamora Case (1916) 2 AC 77