International Law-I

This course provides students with an introduction to law in its global context in this age of trans-national and inter-jurisdictional practice, with particular focus on public international law and its role in shaping the international legal order. The course commences with an introduction to the development and nature of public international law as well as distinctive elements of international legal reasoning. It then addresses key features of international law, with topics chosen from: the sources of international law with emphasis on customary international law and the law of treaties; international fact finding; the structure of the international community and participants in the international legal system; the peaceful settlement of international disputes; state responsibility; jurisdiction and immunity; international maritime law and the law of the sea; the use of force; international human rights; the law of armed conflict and International Space Law.

Learning outcomes

On successful completion of this course, students will be able to:

1. Identify the nature of international law and the structure of the international legal system and explain the basic elements of public international law. Undertake legal research using primary and secondary material to resolve practical and theoretical problems.
2. Apply international law in practical contexts, including the law surrounding the use of force, space law and human rights.
3. Construct legal argument, and analyse and communicate issues of international law, both orally and in writing.
4. Create and defend a principled and ethical argument.
5. Analyse the impact of international law on diverse peoples, and critique the operation of international law from a range of ethical perspectives.
6. Reflect on and justify a legal position in a social context. Use feedback to inform individual improvements.

Contents:

1. Course Introduction (Objectives, Structure & Content)/Nature of International Law
   Sources of International Law – Customary International Law
2. Sources of International Law – Treaties, General Principles, Subsidiary Sources and ‘Soft Law’
3. Subjects of International Law
4. Relation between International Law & Municipal Law
5. Statehood, Sovereignty and Territory
6. Recognition of State
7. State Territory
8. State Responsibility
9. State Succession
10. State & Individual
11. Maritime Jurisdiction and Law of the Sea

Assessment Criteria:

1. Sessional: 20%
2. Attendance and Class Participation: 10%

1. 75% attendance would be mandatory to take the final term exams. Students are encouraged to participate in class discussion. Cell phones must be turned off.
2. Every student is required to submit a short-term paper ranging from 2000 to 3000 words on the assigned topic: 5%
3. Presentations: 5%
4. Mid Term Examination: 30%
5. Final Term Examination: 50%

Recommended Books

• Aust, Anthony, Handbook of International Law (Cambridge, UK: Cambridge University Press, 2005).
• Wolfrum, Rüdiger, Volker Röben (eds.), Developments of International Law in Treaty Making (Berlin: Springer, 2005).

Suggested Books

• Wolfrum, Rüdiger, Volker Röben (eds.), Developments of International Law in Treaty Making (Berlin: Springer, 2005).
• Arend, Anthony Clark, Robert J. Beck, International Law and the Use of Force: Beyond the UN Charter Paradigm (New York: Routledge, 1993).
• Byers, Michael, War Law: Understanding International Law and Armed Conflicts (New York: Grove Press, 2006).
• Clark, Ian, Legitimacy in International Society (Oxford, UK: Oxford University Press, 2005).
• Chesterman, Simon, Just War or Just Peace? Humanitarian Intervention and International Law (New York: Oxford University Press, 2001).