PAPER 2.5. PUBLIC INTERNATIONAL LAW AND HUMAN RIGHTS (QUESTION-ANSWER SERIES)

PAPER 2.5. PUBLIC INTERNATIONAL LAW AND HUMAN RIGHTS

UNIT - I Definitions; Development and Nature; Public and Private International Law; Legality of International Law: Positive Morality; Basic Theories: Naturalist, Positivist, Grotius and Consent Theory; Sources and Subjects of International Law; Theories: Realistic, Fictional, Functional, Monistic, Dualistic; Specific Adoption Theory; Transformation Theory; Delegation Theory; 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 - II State Recognition and Succession: De Facto and De Jure; Theories of Recognition: Recognition of Government, Belligerency and Insurgency; Collective Recognition; State Jurisdiction; Territorial Sovereignty; Responsibility of States: Original and Vicarious; State Responsibility for various Acts: State Succession: Theories of State Succession; Rights and Duties arising out of State Succession; Law of Treaties: Concept and Kinds of Treaties; Binding Force of Treaties; Pacta Sunt Servanda; Jus Cogens; Clausula Rebus Sic Stantibus; Parties of a Treaty; Formation of a Treaty; Reservations; Invalidity and Termination of Treaties; Vienna Convention on the Law of Treaties;

UNIT - III Compromise, Reconstruction, Amalgamation and Mergers: Compromise, Arrangements and Amalgamations; Sanction, Duties and Powers of National Company Law Tribunal; Power to Compromise or Make Arrangements with Creditors and Members; Reconstruction and Amalgamation of Companies; Modes of Reconstruction; Declaration and Payments of Dividends in Above Cases; Fast Track Mergers; Amalgamation of Companies by Central Government in Public Interest; Accounts of Company: Books of Accounts, etc., System of Maintenance of Accounts in Company; Audit and Auditors; Protection of Minority Share Holders; Prevention of Oppression and Mismanagement; Removal of Names of Companies from Register of Companies; Revival and Rehabilitation

UNIT - IV Winding up Process: Meaning and Kinds of Winding Up; Procedures for Winding Up; Winding Up process by the Tribunal; Consequences of Winding up Order; Company Liquidators and their Appointments; Report of the Liquidator; Custody of Company‘s Property; Company Dissolution; Voluntary Winding Up; Declaration of Insolvency; Procedure for Voluntary Winding Up; National Company Law Tribunal (NCLT), National Company Law Appellate Tribunal (NCLAT) and Special Court: Constitution of National Company Law Tribunal; Appellate Tribunal; Selection of Members, Terms of Office, Salary; Removal of Members; Orders of Tribunal; Powers of Tribunal; Appeal from orders of Tribunal; Establishment of Special Courts; Offences-Trial by Special Courts; Meditation and Conciliation Panel; Corporate Social Responsibility

UNIT - V The Competition Act, 2002: History and Development of Competition Law; Salient Features of the Competition Act; The Competition Act, 2002 differentiated with the MRTP Act, 1969; Prohibition of Certain Agreements, Abuse of Dominant Position and Regulation of Combinations; Competition Commission of India; Duties, Powers and Functions of the Commission; Duties of Director General; Penalties; Competition Advocacy; Finance, Accounts and Audit; Appellate Tribunal; Miscellaneous; Judicial Responses; LEADING CASES: 1) Foss v. Harbottle (1845) Ch. 319. 2) Salomon v. Salomon & Co., Ltd. (1897) A.C. 22 (H.L.) (1895-95) All ER Rep. 33 3) Daimler Co., Ltd. v. Continental Tyre and Rubber Co. (Great Britain), Ltd., 1916 AC 307 (1916-17) All ER Rep. 191 4) Gilford Motor Co., Ltd. v. Horne (1933) 1 Ch. 935 5) Ashbury Railway Carriage and Iron Co. Ltd. v. Riche (1875) L.R.7 H.L.: (1874-80) All ER Rep. 2219 (HL) 6) Royal British Bank v. Turquand (1856) 119 ER 886 (1843-60) All ER Rep. 435 7) Shanti Prasad Jain v. Kalinga Tubes Ltd., AIR 1965 SC 1535 8) Seth Mohan Lal v. Grain Chambers Ltd., AIR 1968 SC 772 9) Hindustan Lever Employees‘ Union v. Hindustan Lever Ltd. AIR 1995 SC 470 10) Miheer H. Mafatlal v. Mafatlal Industrial Ltd. AIR 1997 SC 506 

UNIT - III 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 - IV Individuals under International Law and International Institutions: Position of Individuals; Nationality and Citizenship; Diplomatic Agents: Powers and Functions; Theories and Immunities; Asylum; Extradition; Relationship and difference between Extradition and Asylum; International Institutions: United Nations (U.N.): History and Formation of U.N., Charter of U.N.: Preamble, Purpose and Principles; Organs of United Nations: Powers and Functions; Jurisdiction and Contribution towards Development of International Law; Specialized Agencies: International Labour Organization (ILO); International Monetary Fund (IMF); World Health Organization (WHO); International Criminal Court (ICC);

UNIT – V Human Rights: Meaning, Concept, Classification, Historical Evolution and Theories; Basic Components of Human Rights: Value, Dignity, Equality, Justice, Morals, Ethics and Significance; International Bill of Human Rights (UDHR, ICCPR, ICESCR): Nature And Significance; Human Rights of Vulnerable and Disadvantaged Groups; Enforcement Mechanism of International Human Rights Commissions: Constitution, Powers and Functions; Human Rights Enforcement in India: The Protection of Human Rights Act, 1993; Judicial Responses;

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