LL. B. II Term

Paper : LB - 205 Public International Law I (Law of Peace)

Prescribed Books 1. Gurdip Singh, International Law (2nd ed., 2011) 2. Robert Jennings and Arthur Watts (eds.), Oppenheims International Law

[Vol. I Peace] (9th ed., 1996) 3. I. Brownlie, Principles of Public International Law (7th ed., 2008) 4. I.A. Shearer, Starkes International Law (1st Indian ed., 2007) 5. D.J. Harris, Cases and Materials on International Law (7th ed., 2010) 6. Malcolm N. Shaw, International Law (6th ed., 2008)

Prescribed Treaties 1. Charter of the United Nations 2. Statute of the International Court of Justice

Topic 1 : Nature and Development of International Law

1.1 Definition of International Law 1.2 International Law as Law 1.3 Basis of International Law - Jurisprudential Theories 1.4 Codification of International Law 1.5 Sanctions of International Law 1.6 Subjects of International Law 1.7 Approach of Developing Countries towards International Law

Topic 2 : Sources of International Law

2.1 Statute of the International Court of Justice, 1945 (Article 38) 2.1.1 International Treaties and Conventions 2.1.2 International Custom

1. Lotus Case (France v. Turkey), PCIJ, Ser. A, No. 10 (1927) 2. North Sea Continental Shelf Cases, ICJ Rep. 1969, p. 3 3. Right of Passage over Indian Territory (Merits) 1

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(Portugal v. India), ICJ Rep. 1960, p. 6 4. Asylum Case (Columbia v. Peru), ICJ Rep. 1950, p. 266 8 5. Libya v. Tunisia Continental Shelf Case, ICJ Rep. 1982, p. 17 6. Libyan Arab Jamahiriya v. Malta, ICJ Rep. 1985, p. 35

2.1.3 General Principles of Law Recognized by Civilized Nations

7. Advisory Opinion of ICJ on the Effect of Awards of Compensation made by the United Nations Administrative Tribunal , 1954 International Law Reports 310

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8. Island of Palmas Case (Netherlands v. United States) (1928) Permanent Court of Arbitration, 2 R.I.A.A. 829

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9. Temple of Preah Vihear Case (Merits) (Cambodia v. Thailand), ICJ Reports 1962, p.6

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2.1.4 Judicial Decisions, Juristic Opinion 2.1.5 Ex aequo et bono

2.2 Other Sources of International Law 2.2.1 Resolutions of General Assembly 2.2.2 Resolutions of Security Council 2.2.3 Advisory Opinions of PCIJ and ICJ

10. Advisory Opinion of ICJ on the Legality of the Threat or Use

of Nuclear Weapons, 35 International Legal Materials 809 (1996)

33 11. Advisory Opinion of ICJ on Namibia, ICJ Rep. 1971, p. 16 12. Advisory Opinion of ICJ in Western Sahara Case, ICJ Rep.

1975, p. 12 13. Advisory Opinion of ICJ in Accordance with International Law of the

Unilateral Declaration of Independence in Respect of Kosovo Case, 2010

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Topic 3 : Relationship Between International Law and Municipal Law

3.1. Theories 3.1.1 Monistic Theory 3.1.2 Dualistic Theory

3.2 Practice of States: India, United Kingdom, United States of America

14. In Re Berubari Union No. (I), AIR 1960 SC 845 : (1960) 3 SCR 250

41

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15. Ram Kishore Sen v. Union of India (1966) 1 SCR 430 : AIR 1966 SC 644

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16. Jolly George Varghese v. Bank of Cochin, AIR 1980 SC 470 (1980) 2 SCC 360

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17. Gramophone Company of India Ltd. v. Birendra Bahadur Pandey, AIR 1984 SC 667 : (1984) 2 SCC 534

18. Union of India v. Sukumar Sengupta, AIR 1990 SC 1692 : 1990 Supp. SCC 545

19. Vellore Citizens Welfare Forum v. Union of India (1996) 5 SCC 647

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20. Vishaka v. State of Rajasthan, AIR 1997 SC 3011 : (1997) 6 SCC 241

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21. Gaurav Jain v Union of India & Ors, AIR 1997 SC 3021 7522. CIT v. P.V.A.L. Kulandagan Chettiar (2004) 6 SCC 235 8423. Committee of US Citizens Living in Nicaragua v. Reagan, US Court

of Appeals District of Columbia Circuit 1988, 859 Fed. Rptr. 2d 929

Topic 4 : State Responsibility

4.1 Basis of International Responsibility 24. Corfu Channel Case, ICJ Rep. 1949, p. 4 25. Nicaragua Case (Nicaragua v. USA) ICJ Rep.1986, p. 14 86

4.2 Constituent Elements of International Responsibility

4.2.1 Damage Theory 4.2.2 Fault Theory 4.2.3 Absolute Liability and Risk Theory

4.3 The Act of State (Rules of Attribution) 26. LaGrand Case (Germany v. United States of America)

ICJ Reports 2001, p. 466 97

27. Case concerning Avena and other Mexican Nationals (Mexico v. United States of America) ICJ Reports 2004, p. 12

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4.4 International Crimes and Delicts 4.5 Forms of Reparation

4.5.1 Restitution 4.5.2 Indemnity 4.5.3 Satisfaction 4.5.4 Guarantee against Repetition

4.6 Expropriation of Property of Aliens

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4.6.1 Calvo Clause 4.6.2 Position of Shareholders and Nationality of Corporation

28. Barcelona Traction, Light and Power Co. Ltd. Case, ICJ Rep.1964, p. 6

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4.6.3 Nationality by Naturalisation 29. Nottebohm (Liechtenstein v. Guatemala) Case,

ICJ Rep. 1955, p. 4

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4.6.4 Rule of Exhaustion of Local Remedies 4.7 ILC Draft Code on Responsibility of States for Internationally

Wrongful Acts, 2001 134

Topic 5 : Law of the Sea

5.1 Maritime Zones 5.1.1 Territorial Sea

30. Anglo-Norwegian Fisheries Case (United Kingdom v. Norway), ICJ Rep. 1951, p. 116

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31. Corfu Channel Case, ICJ Rep. 1949, p. 4 1525.1.2 Contiguous Zone 5.1.3 Continental Shelf 5.1.4 Exclusive Economic Zone 5.1.5 High Seas

5.2 Delimitation of Adjacent and Opposite Maritime Boundaries 32. North Sea Continental Shelf Cases, ICJ Rep. 1969, p. 3 16133. Libya v. Tunisia Continental Shelf Case, ICJ Rep. 1982, p. 17 17434. Libyan Arab Jamahiriya v. Malta, ICJ Rep. 1985, p. 35 18235. Maritime Delimitation and Territorial Questions between Qatar and

Bahrain (Qatar v. Bahrain),ICJ Rep. 2001, p. 40

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5.3 Concept of Common Heritage of Mankind Relating to the Resources of

International Seabed Area 5.4 International Seabed Mining Parallel System of Mining 5.5 Indian Maritime Interests, Policy and Law 5.6 International Tribunal for the Law of the Sea

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Treaties and Statutes

1. Geneva Convention on Territorial Waters and Contiguous Zone, 1958 2. Geneva Convention on Continental Shelf, 1958 3. Geneva Convention on Conservation of Fishing Resources, 1958 4. Geneva Convention on High Seas, 1958 5. United Nations Convention on Law of the Sea, 1982 6. Agreement relating to the Implementation of Part XI of the United Nations Convention of 1994 on the Law of the Sea of 10 December 1982 7. The Territorial Waters, Continental Shelf, Exclusive Economic Zone and other

Maritime Zones Act, 1976

Topic 6 : Human Rights

6.1 Human Rights: Concept, Basis and Evolution 6.2 Traditional Human Rights

6.2.1 Civil and Political Rights 6.2.2 Economic, Social and Cultural Rights

6.3 Third Generation Human Rights (Solidarity Rights) 6.4 Implementation of Human Rights at International Level 6.5 Human Rights Council 6.6 European Convention on Human Rights 6.7 Protection of Human Rights in India 36.

Vishaka v. State of Rajasthan, AIR 1997 SC 3011

37. Gaurav Jain v Union of India & Ors.,AIR 1997 SC 3021

Treaties and Statutes

1. Universal Declaration on Human Rights, 1948 2. International Covenant on Civil and Political Rights, 1966 3. International Covenant on Economic, Social and Cultural Rights, 1966 4. Optional Protocol of International Covenant of Civil and Political Rights, 1966 5. European Convention on Human Rights, 1950, Protocol 9 of 1990 and Protocol 11 of

1994 6. The Protection of Human Rights Act, 1993 (India)

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IMPORTANT NOTE: 1. The students are advised to read only the books prescribed above along with legislations

and cases. 2. The topics and cases given above are not exhaustive. The teachers teaching the course

shall be at liberty to add new topics/cases. 3. The students are required to study the legislations as amended up-to-date and consult the

latest editions of books. LL.B. II Term Examinations, April-May, 2008

Note: Answer five questions including Question No. 1 which is compulsory. All questions carry equal marks.

1. Attempt briefly any four of the following:- (a) Status of individuals in International Law. (b) General Principles of Law Recognized by Civilized Nations (c) Resolutions of the United Nations General Assembly. (d) Treaties as a source of law (e) Legal regime of International Seabed Mining

2. It is contrary both to the contemporary juristic thought and the state of present day International Law, with its increasing corpus of substantive rules on matters of common concern to the International community, to deny its legal character. Discuss.

3. Discuss the constituent elements of a customary rule of International Law with reference to judicial decisions.

4. Compare and contrast the state practice of Britain and India with respect to incorporation of International Law (both treaty and customary law) into the law of their land. In case of a conflict between a rule of International Law and municipal law, which law would the municipal courts of these countries apply?

5. (a) What are the characteristics essential for the formation of state responsibility? (b) What is the scope of the rule pertaining to the exhaustion of local remedies? 6. Discuss the scope of passage of foreign ships (including war ships) through the territorial

waters (including straits) of a nation.

7. Define continental shelf and analyse, with the help of cases, the principles and considerations to be taken into account for delimitation of a common continental shelf between opposite and adjacent coastal states.

8. International cooperation and the U.N.s activity in the field of human rights has resulted in recommendations, covenants and conventions incorporating the principles and norms of human rights.

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Discuss briefly and appraise the mechanism(s) provided for in the 1966 Covenants and the optional protocol for the protection of human rights.

LL.B. II Term (Supplementary) Examinations, Aug.-Sept. 2008

Note: Answer five questions including Question No. 1 which is compulsory. All questions carry equal marks.

1. Attempt briefly any four of the following: (a) What is the meaning of opino juris sive necessitates? (b) What do you understand by ex aequo et bono Spell out its significance in sources of

international law. (c) Is legislation required in India to implement a treaty between India and Pakistan

involving cession of Indian territory in favour of Pakistan? (d) What do you understand by Common heritage of mankind in relation to the resources

of International Seabed Area? (e) What are Third Generation Human Rights (Solidarity Rights)?

2. International law is not law since there is no international legislature to make it, no international executive to enforce it and no effective international judiciary to develop it or resolve disputes about it. Do you agree? Evaluate critically.

3. (a) Do individuals have international personality in view of the expanding procedural capacity of the individuals to enforce their claims in international law.

(b) Do resolutions of U.N. General Assembly constitute an independent source of international law? Discuss in the light of decided cases.

4. What are general principles of law recognized by civilized nations? The Secretary General of the United Nations discharged certain employees of the Secretariat of United Nationals from service. On complaints, the United Nations Administrative Tribunal made awards in their favour. Discuss whether U.N. General Assembly is bound to comply with the awards of the Tribunal. Discuss in the light of the advisory opinion of International Court of Justice.

5. Do you agree with Blackstones theory that international custom is deemed automatically to be part of English Law? What is the legal status of Blackstones theory in India? Does it apply in Indian courts with modifications? Discuss with reference to relevant constitutional provisions and decided cases.

6. State responsibility arises not only in connection with the treatment of aliens but also as result of unlawful acts of a state which cause damage to another state. Discuss and spell out clearly the constituent elements of state responsibility.

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7. What is Straight Baseline system for measuring territorial waters? Discuss with reference to Anglo-Norwegian Fisheries case decided by the International Court of Justice. Can India follow this system for measuring its territorial waters?

8. Can an individual file a petition in the Human Rights Committee for violation of his rights by the state of his nationality? What are the measures to implement Human Rights contained in the International Covenant on Civil and Political Rights, 1966 and its optional protocol as well as international covenant on Economic, Social and Cultural Rights 1966? Discuss.

LL.B. II Term Examinations, May-June 2009

Note: Attempt five questions including Question No. 1 which is compulsory. All questions carry equal marks.

1. Attempt briefly any four of the following: (a) Consent as the basis of International Law. Discuss. (b) Reservation in a Treaty. (c) Contribution of International Law Commission to the codification of International

Law. (d) Human Rights as an integral part of contemporary International Law. (e) Territorial waters and Land Locked States.

2. (a) Critically analyse the view that International Law is not a true law, in the light of the state of present day International Law.

(b) Discuss briefly the status of individuals in International Law. 3. Before a usage may be considered as amounting to a customary rule of International Law,

the material and psychological element involved in the formation of a customary rule must be established.

Discuss the reference to relevant cases. 4. Prepare a comprehensive note on General Principles of law recognized by Civilized Nations

including its importance as a source of International Law. 5. Critically examine the state practices of Indian and U.S.A. with regard to the enforcement of

customary International Law and convention within their municipal legal system. Do they follow the Blackstonian principle of incorporation of International Law in municipal law as followed in U.K.? Discuss.

6. (a) Discuss the constituent elements of State Responsibility. (b) Critically examine the principles in relation to expropriation of foreign property situated

within a state. 7. (a) Although there can be a continental shelf where there is a no exclusive economic zone

there cannot be an exclusive economic zone, without a corresponding continental shelf. Critically examine this statement.

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(b) Delimitation of the continental shelf. Discuss briefly. 8. Prepare notes on: (a) Definition and evolution of the concept of Human Rights. (b) Reporting as an implementation technique in the International covenants on Human

Rights.

LL.B. II Term (Supplementary) Examinations, July-August 2009

Note: Attempt five questions including Question No. 1 which is compulsory. All questions carry equal marks.

1. Attempt briefly any four of the following: (a) Salient features of Groatian School as to the basis of International Law. (b) Decisions of International Court of Justice as a source of international law. (c) What do you understand by Rule of exhaustion of Local Remedies? (d) Sea piracy on the High Seas under United Nations Convention on Law of the Sea,

1982. (e) Functions of Human Rights Council.

2. How has the definition of international law given by Oppenheim in the year of 1905 changed in 1992? Critically analyse.

3. Explain the ingredients of international custom as the course of international law. Two States A and B submitted their dispute on a subject matter X before International Court of Justice (I.C.J.). There is no treaty on X between A and B. A contends that there has been a customary practice between A and B on the subject matter X. B contends that bilateral customary practice cannot be regarded as a source of international law. Can the IC.J. recognize such bilateral customary practice as a source of international law? Decide.

4. Indias practice on implementation of treaties resembles, to a great extent, with that of United Kingdom and the United State of America.

Comment explaining the similarities and points of differences on the basis of decided matters by the Supreme Court of India.

5. In what ways a state can discharge responsibility for the breach of an international obligation by causing injury to another state? Discuss them on the basis of judicial decisions.

6. (i) Explain the importance of the resolutions adopted by General Assembly of the United Nations as a source of International Law.

(ii) Discuss the essential requirements to be qualified for becoming Pioneer Investor. 7. What are the rights and duties of a coastal state in the continental shelf as recognized by

United Nations Convention on Law of the Sea, 1982? Explain the difference between

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continental shelf, continental slope and continental rise and then determine the limits of continental shelf.

8. What have been the changes in the European Convention on Human Rights and Fundamental Freedoms, 1950 with respect to protection of human rights of individuals in the last twenty years? Explain. Do you agree that the mechanism provided under this Convention to protect human right are more effective than those in international human rights instruments?

LL.B. II Term Examinations, MayJune, 2010

1. Attempt briefly any four of the following:- (Compulsory question) (a) ex aequo et bono as a source of international law; (b) Relevance of Damage Theory in State Responsibility for Internationally Wrongful

Acts; (c) Indias status as Pioneer Investor in international seabed mining; (d) Solidarity Rights; (e) Functions of Human Rights Council.

2. (a) What are sanctions of international law ? Discuss with special reference to the peace enforcement operations of the United Nations. (b) Do you agree that individuals have acquired status of subjects of international law in view of the fact that they can be prosecuted in International Criminal Court ?

3. What are essential tests for the existence of international custom ? Discuss with special reference to the judgement of International Court of Justice in the North Sea Continental Shelf cases. Spell out the relevance of Time Factor to establish the existence of international custom.

4. (a) Do the resolutions of UN General Assembly constitute an independent source of international law ? Discuss with special reference to the Advisory Opinion of International Court of Justice on the Legality of the Threat or Use of Nuclear Weapons. (b) What is straight baseline system for measuring territorial sea ? Can India adopt straight baseline system for measuring her territorial sea ?

5. How far international treaties and conventions bind Indian Courts ? Can India Courts decide cases on the basis of international treaties without even referring to India law ? Do double taxation avoidance treaties entered into by India with other countries bind Indian Courts despite the fact the such treaties conflict with Indian Income Tax Act ? Discuss in the light of decided cases.

6. What are forms of reparation for breach of an international obligation by a State ? Spell out the relevant provisions of the Draft Code for International Law Commission on Responsibility of States for Internationally Wrongful Acts, 2001. Refer to decided cases, if any.

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7. What is legal concept of continental shelf as distinguished from its geological concept? Spell out the nature of rights of the coastal states and other states in the continental shelf. Discuss with reference to Geneva Convention on continental Shelf, 1958; UN Convention on the Law of the Sea, 1982; and Indian Maritime Zones Act, 1976.

8. Discuss the mechanisms to implement human rights contained in International Covenant on Civil and Political Rights, 1966 and International Covenant on Economic, Social and Cultural Rights, 1966. Can individuals file petitions in the Human Rights Committee for violation of Civil and Political Rights and Committee on Economic, Social and Cultural rights for violation of Economic, Social and Cultural Rights ? Refer to Optional Protocol of International Covenant on Civil and Political Rights, 1966 and Optional Protocol to International Covenant on Economic, Social and Cultural Rights adopted in the year 2008.

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LL.B. II Term

Public International Law - I (Law of Peace)

Cases and Materials Selected & Edited by Gurdip Singh

Veena Bakshi V.K. Ahuja Pinki Sharma Raman Mittal Poonam Dass Anupam Jha Gunjan Gupta L. Pushpakumar Meena S. Panickar

FACULTY OF LAW UNIVERSITY OF DELHI, DELHI-110007

January, 2012