LL.M./M.C.L.

, 2/3 Year Course (I Term)

[2009-10]

Paper – LM – 1013 : International Organization and Human Rights

Note : 1. The following course content should not be treated as exhaustive. The
questions may be set from any topic which the examiner feels relevant to the subject.
2. There shall be one written examination of three hours’ duration in each subject
at the end of each Term. One question paper shall be set in each of the subjects
prescribed for study and examination. Each paper shall carry 100 marks out of which 20
marks will be for valuation of term paper and 80 marks for written examination. The
minimum pass marks in each subject shall be 50%.
3. Every student of this course is required to present a paper in the class for
discussion on a topic assigned by the concerned teacher. No student shall be permitted
to appear in the examination unless a certificate is issued by the teacher that the paper
presented by the student was to his satisfaction.
OBJECTIVE
The objective of this course is to understand and analyse the growth and development of
International Organization and particularly that of United Nations. It is also necessary to
understand the way how these organizations have contributed to the growth and
development of international law relevant for purposes of regulating the inter-state
relations of member countries. Further a critical analysis of the working of these
organizations needs to be undertaken. The second part of this course id designed to study
and anlyse critically the development of Human Rights through United Nations and other
Regional Organizations. Simultaneously it is worthwhile to study various approaches to
Human Rights as espoused by different Blocs.

PRESCRIBED BOOKS
1. D.J. Harries, Case and Materials on International Law (2004)
2. D.W. Bowett. International Organizations
3. Malcolam J. Shah
4. M. Sorensen, Mannul of International Law
PART – I
TOPIC I INTERNATIONAL ORGANIZATIONS IN GENERAL
1. Concept of International Organizations
2. Growth and Development of International Organizations.
3. Types of International Organizations.
4. International Organizations and State Sovereignty.
5. United Nations; Brief Overview.
6. United Nations and League of Nations Compared.
7. Legal Personality of United Nations.
8. United Nations; An appraisal.
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Recommended Readings:
1. William R. Slomanson, Fundamental Perspectives on International Law (2003)
Chapter 3, pp 105-157
2. B.S. Chimney, “International Institutions Today: An Imperial Global State in the
Making” EJIL 15 (2004) 1-37.
3. Reparations for injuries suffered in the service of the united nations, International
Court of Justice, Advisory Opinion, April 11, 1949, I.C.J. Reports, 1949, 174.
4. L. Sohan

TOPIC – II CHAPTER OF UNITED NATIONS (UN) AND USE OF FORCE

1. Defining Force under Internationals Law.
2. Permissible/Impermissible Use of Force.
3. UN Charter Principles and Use of Force.
4. Individual and Collective Self Defence under UN Charter.
5. Collective Enforcement and UN Charter.
6. Regional Organizations and Use of Force.

Recommended Readings:
1. L. Oppenheim, International Law: A Treatise, Vol. II (Disputes, War and Neutrality)
(1952).
2. William W. Bishop, JR, International Law (1954) 559-72.
3. Ian Brownline, International Law and the Use of Force by States (1963) Chapters
13-17.
4. T. Ehrlich & M.O. ‘Connel, International Law and the Use of Force (1993).
5. J.N. Singh, Use of Force Under International Law (1984).
6. T.H. Frank, “Who Killed Art.2 (4)” AJIL (1971) 80.
7. Military and Paramilitary Activities in and against Nicaragua (Merits), Nicaragua v.
United State, I.C.J. Reports (1986) 14.
8. Legality of the Threat or Use of Nuclear Weapons Case, Advisory Opinion of the
I.C.J. (1997) 35 I.L.M. 809, 1343.

TOPIC – III UNITED NATIONS AND NEW DEVELOPMENTS

1. Intervention
2. Collective intervention
3. Humanitarian Intervention
4. United Nations Peace Keeping Operations
5. Unilateral Use of Force
6. Challenges before United Nations
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Recommended Readings:
1. William R. Slomanson, Fundamental Perspectives on International Law (2003)
461-67.
2. Yoram Dinstein, War, Aggression and Self-Defence (2005)
3. Military and Paramilitary Activities in and against Nicaragua (Merits), Nicaragua v.
United States, I.C.J. Report (1986) 14.
4. U.N. “Uniting For Peace” Resolutions, General Assembly, Nov. 3 1950.
5. J. Andressy, “Uniting for Peace” 50 AJIL (1956) 35.
6. Kofi Anan, “Our Mission Remains Vital” The Wall Street Journal, www.opinion
journal.com/forms/print
7. P. Diehl, International Peacekeeping (1993).

TOPIC – IV INTERNATIONAL COURT OF THE JUSTICE (ICJ)

1. Pacific Settlement of Disputes.

2. Judicial Settlement of Disputes.
3. Composition of ICJ.
4. Jurisdiction of ICJ.
5. Optional Clause.
6. Advisory Jurisdiction.
7. ICJ: Assessment and Reforms.

Recommended Readings:
1. S. Rossene, The law and practice of international court of justice
2. V.S. Mani, International Adjudication: Procedural Aspects (1980)
3. P.S. Rao, “Reservation to the Optional Clause under Article 36, paragraph 2, of the
International Cour of Justice”, 46 Indian Journal of International Law (2006) no. 4,
636-40.

PART – II
TOPIC - I HUMAN RIGHTS AND UNITED NATIONS
1. Concept of Human Rights.
2. Human Rights Development under UN.
3. Role of UN in Strengthening National Human Rights Institutions.
4. International Human Rights Treaties.
5. Enforcement Mechanism under Various Treaties.
6. High Commissioner for Human Rights.
7. Promotion of Human Rights through Specialized Agencies.
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8. India’s Response towards Human Rights Treaties.

Recommended Readings:
1. P. Alston (ed), The United Nations and Human Rights: A Critical Appraisal (1992).
2. Manoj Kumar Sinha, Basic Documents on International Human Rights (2001).
3. T. Buergenthal, International Human Rights in a Nutshell (1995).
4. J.L. Kaul (ed), Human Rights: Issues and Perspectives (1995).
5. Journal of the Indian Law Institute, Human Rights Special Issue 40 (1998) Numbers
1-4.
6. ECOSOC, Commission on Human Rights, 62nd Session (2006).
7. Ghanea Nazila, “From UN Commission on Human Rights to UN Human Rights
Council: One Step Forward or Two Steps Sideways?” 55 International and
Comparative Law Quarterly (2006) no. 3, 694-705.

TOPIC - II HUMAN RIGHTS AND REGIONAL ORGANIZATIONS

1. Regional Human Rights Approaches.

2. European Convention on Human Rights, 1950.
3. European Court of Human Rights.
4. Enforcement Mechanism under ECHER.

Recommended Readings:
1. European Convention on Human Rights (1950) Basic Text
2. D. Lawson, Encyclopedia of Human Rights (1996)

TOPIC - III HUMAN RIGHTS AND INTERNATIONAL CRIMINAL LAW

1. Human Rights and International Criminal Law.

2. Charter of the International Military Tribunal, 1945.
3. Convention on the Prevention and Punishment of The Crime of Genocide (1948).
4. Geneva Conventions of 1949 and Additional Protocols.
5. Rome Statute of International Criminal Court 1998.
6. International Criminal Court and Human Rights.

Recommended Readings:
1. Summary of Geneva conventions of 1949 and Additional Protocols.
2. Text of Convention on the Prevention and Punishment of the Crime of Genocide
(1948).
3. Judgement of the Nuremberg International Military Tribunal, (1947) 41 A.J.I.L. 1972.
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4. Rome Statute of International Criminal Court 1998.

5. Abdul Ghafar Hamida @ Khin Maung Sein & Hanud Abia Kadouf, “Immunity
versus International Crimes: The Impact of Pinochet and Arrest Warrant Cases”, 46
Indian Journal of International Law (2006) no. 4, 495-516.

Question Paper 2007

Attempt any FOUR questions. All questions carry EQUAL marks.

1. A general limitation on the powers of the U.N. emanates from the normal principle of
the law of treaties, pacta tertiis nec nocent nec prosunt (the Charter as a treaty cannot
bind non-members). However, Article 2(6) of the U.N. Charter provides that ‘the
organization shall ensure that states which are not members of the U.N. Act in
accordance with these principles so far as may be necessary for the maintenance of
international peace and security.”

How do you resolve this contradiction? Discuss in the light of past experience such as
the one leading to imposition of economic sanctions against Rhodesia.

2. Critically examine the role and relevance of the U.N. Security Council in maintaining
world peace keeping in view such events as the American interventions in
Afghanistan and Iraq.

3. How far ICJ has proved to be an effective mechanism under the International Law in
resolving disputes among the member states? In the light of past experience, what
corrective measures, if any, would be necessary in order to enhance its utility to the
International Community. Substantiate your answer giving reasons.

4. While, no doubt, the adoption of a separate and independent International Covenant

on Economic, Social and Cultural Right augured well with the aspirations of the
majority in the developing world reeling in extreme poverty, ignorance, illiteracy,
mal-nutrition, disease and sufferings, little in fact has been achieved in terms of
International Cooperation in securing these rights for the deprived millions in over
four decades since its adoption. Comment.

5. Unlike Africa, the American and Europe, Asia has stead-fastly resisted the idea of
adoption of regional conventions and regional framework for the protection and
promotion of Human Rights despite severe criticism from the west for their
deplorable human rights record. Instead, the ASEAN group of countries with their
stupendous economic recoveries have assumed leadership role in redefining human
rights in cultural contexts throwing a formidable challenge to the universality of
human right as enunciated in the Universal Charter.

Explain the examine its implications for the protection and promotion of Human
Rights in countries in the Asian region.
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6. Write briefly, explaining any two of the following:

(i) Right to Development as a Human Right;
(ii) International Criminal Court and Human Rights;
(iii)U.N. Peace Keeping Operations;
(iv) Unilateral Use of Force

Question Paper 2008

Attempt any FOUR questions. All questions carry EQUAL marks.

1. “United Nations Charter did try to put general and particular limitations on the use of
force by the States. However, over the years, as some of the recent conflicts suggest,
these limitations have either proved illusory or States have wantonly disregarded
these limitations, giving rise to a patent irrelevance to the law of UN Charter on use
of force”.

Critically examine the above statement, in the light of provisions of the UN Charter
and some recent conflicts.

2. “The rise of the present International Institutions has rendered some of conservative
concepts of international law like sovereignty and domestic jurisdiction illusory.
Instead these institutions have started exercising powers germane to internal
constitutional powers of the member states”.. Analyze this statement in the light of
the growth of modern international institutions and the powers being exercised by
them.
3. Write brief but critical notes on any two of the following:
(i) United Nations Peace Keeping operations
(ii) National Human Rights Commission of India
(iii)Reform of UN Security Council
4. “Compulsory jurisdiction of the ICJ was a step forward towards a mandated judicial
settlement of disputes between the member states of the UN. However, the working
of ‘compulsory jurisdiction clause’ of the Statute of ICJ has belittled the high
aspirations of the compulsory clause”.
5. Write a brief critical essay on the enforcement on human right under the United
Nations Charter. What reforms, if any, would you suggest in this regard? Also discuss
India’s response to International Human Rights treaties.
6. Write brief but critical essay on the following :-
(i) International Criminal court
(ii) Humanitarian Intervention