PIL Course Manual Spring 2023

COURSE MANUAL
Public International Law
Spring 2023
Academic Year 2022 -2023
B.A., LL. B/B.B.A, LL.B – 2020
From: Joe Sacco, The Hague in Journalism
Course Instructors:
Abhinav Mehrotra, Biswanath Gupta, Aman, Daniel H. Stein, Piergiuseppe Pusceddu,
Rohit Roy, Srinjoy Sarkar
Assistant Instructors:
Kanika Parmar, Pratik Purswani, Samira Joeanne Mathias, Sanitya Kalika, Shivangi
Priya.
Course Coordinator
Aman
Jindal Global Law School, Spring 2023
O. P. JINDAL GLOBAL UNIVERSITY

PART - I
General Information
General Information on Public International Law, offered by Jindal Global Law School
(JGLS) for Spring 2023 in the Academic Year 2022-2023.
The following information contains the official record of the details of the course.
This document is illustrative and contains general guidelines and readings for the
course. The instructor retains the right to modify the course (without tampering its basic
framework and objectives) for its effective implementation and reception.
Course Title: Public International Law
Course Code: L-CT-0024
Course Duration: One Semester (15 weeks)
Number of credits: 4
Level: Five Year Degree Programme
Medium of Instruction: English
Pre-requisites: Nil
Equivalent courses: Nil
A note of acknowledgements
This course manual has been finalized by the course instructors who are grateful to the
previous instructors of the course at JGLS on whose work this manual has been
incrementally built over semesters. The Course Coordinator would also like to thank
Aditya Roy, Amlan Mishra, Farhan Ahmad, Raghavi Vishwanath, Shubhangi
Agarwalla, Swati Singh Parmar, and some good people of Twitter-verse for their
comments, inputs, and suggestions. Besides that, the Course Coordinator would also
like to thank the people behind course manuals of other law schools in India and
beyond that he could land.
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PART II
a. Course Description
In times of today, it’s tough to, especially for law students, to have not heard of public
international law and have some views on it. Often, not without reason.
Considering this, some of the biggest resistance one faces with public international law
teaching in India is the skepticism that comes with it - around its operability (and, thus
effectiveness of implementation), relatability or even its existence. 1 To that end, we hope
that this course gives one an avenue to understand, and appreciate if public
international law “exists”, and much like (or unlike) domestic law, how it has
implications on everyday experiences2 particularly in spaces that we inhabit (accounting
both for our positions of privilege and the lack of it) 3 - sometimes in ways hard to
imagine or relate to.4 Take for instance, COVID: be it the causes, the crisis, the
vaccination policy – international law interacts with each of this. Even many things that
we see as “internal” issues (or are made to see so) in today’s world! 5
This, of course, is not to romanticize the relevance of international law. While not losing
sight of the point above, the course does not want to ignore how international law has a
questionable history, how the law plays out (in terms of its making, in terms of its
effectiveness, or how its practice, like any discipline of law, responds to power), or how
universal it is, or even how aware are its practitioners of its own shortcomings.
1 See Rohini Sen, “International Law in Indian Law Schools - What remains invisible?” (December 2020)
available at: http://rsrr.in/2020/12/24/international-law-in-indian-law-schools/#_ftnref23 (Rohini
Sen)
2 A Conversation with Luis Eslava: International Law and Everyday Life (Part I, II, and III) available at:
https://internationallawandtheglobalsouth.com/a-conversation-with-luis-eslava-international-law-and-
everyday-life-part-i-of-iii/; Also see, ASIL, International Law: 100 ways it shapes our lives (2018)
available at: https://www.asil.org/sites/default/files/100Ways/100Ways.pdf.
3 See graphic art by Mohsen al Attar, and Mia Koning titled “Education for Emancipation”, 3 Trade L. &
Dev. 257 (2011); Srinivas Burra, Teaching Critical International Law: Reflections from the
Periphery,March 2021 available at: https://twailr.com/teaching-critical-international-law-reflections-
from-the-periphery/#easy-footnote-2-3588
4 See Rohini Sen: “Students in India understand international law to either be a ‘boutique subject’ or one
that leads to ‘being employed at the United Nations’ and hence, outside the immediate domain of
relevance. Any benefit of the subject for the outcome-oriented law student lies in academic opportunities
and scholarship. And, the scope of participation in the motions of International Organizations, are
usually perceived as far removed from their ecosystem. This ‘deficit’ of international law teaching-
learning is not just located in a ‘lack of relatability’ for students. It is deeply rooted in how international
law is constructed, taught and understood in these places.” Antony Anghie, “Critical Pedagogy
Symposium: Criticial Thinking and Teaching as Common Sense- Random Reflections”, (Augiust 2020)
OpinioJuris, available at http://opiniojuris.org/2020/08/31/critical-pedagogy-symposium-critical-
thinking-and-teaching-as-common-sense-random-reflections/; See, Gerry Simpson, On the Magic
Mountain: Teaching Public International Law, EJIL 10 (1999), 70–92 available at:
http://www.ejil.org/pdfs/10/1/579.pdf.
5 See Rohini Sen, Ibid on the insides, and the outsides of international law.
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Sum of it all - as people who have landed to learn law (by choice or otherwise), some
working knowledge of international law that this course aims at will surely help us be
familiar with a vocabulary that has become very pervasive,6 and help one be better
equipped to look and respond to things around. Also, considering the number of myths
around international law, we really hope this course will give us a good time to both
learn and “unlearn” things about it.
To that end, this course is a modest start. The course introduces the basic understanding
of public international law, focusing on nature, sources, and subjects of international
law, and touches upon concepts of state sovereignty, state recognition, jurisdiction, state
responsibility and state succession. While doing this, it attempts to introduce and
critique some of the principles that supposedly form the bedrock of modern
international law: such as equal rights and self- determination of peoples; sovereign
equality of states; non-use of force; peaceful settlement of disputes; non-intervention;
good faith etc. Towards the later part of the course, the course also aims to cover dispute
settlement mechanisms which includes diplomatic means of dispute settlement as well
as judicial means. It also attempts to introduce other international tribunals and courts.
Though interspersed through the modules, in the concluding week the course aims to
actively reflect on the critical study of international law that actively breaks from
reading international law that has conditioned imperialism, patriarchy, capitalism, and
other forms of hegemony into it.7
b. Course Aims
By the end of the course students should be able to:
● Understand and apply the sources of public international law.

● Understand the nature of the international legal system, actors in the international
legal system and the concept of international legal personality.
● Understand and apply methods, theories and doctrines of traditional/mainstream
interpretations of PIL and be aware of the critiques advanced by Third World
Approaches to International Law (TWAIL), feminist critiques and other CLS lenses.
6 Luis Eslava, Public International Law – Syllabus available at:

https://www.academia.edu/8220302/Public_International_Law_Syllabus.
7 A wider focus could have indeed been better but as Antony Anghie (Critical Pedagogy Symposium:
Critical Thinking and Teaching as Common Sense—Random Reflections available at:
http://opiniojuris.org/2020/08/31/critical-pedagogy-symposium-critical-thinking-and-teaching-as-
common-sense-random-reflections/), and Ata R Hindi (A Palestinian Perspective on Teaching
International Law, available at: https://twailr.com/a-palestinian-perspective-on-teaching-international-
law/) point out – there has to be some balance between cannon and critique. This is just a start, and some
chipping away has been made possible. As Christine Schwobel-Patel says, “Decolonising is a process and
we will never have a 'finished' product” (See,
https://twitter.com/CSchwobelPatel/status/1317053712733536256). Hopefully, we will make more
changes as we move along.
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● Understand how PIL operates in practice. That is, how it is applied in litigation and
in legal opinions provided to States, international organisations and non-
governmental organisations (NGOs)
● Have a working knowledge of the relationship between PIL and the domestic legal
systems, in particular, the Indian legal system
● Understand the manner in which disputes between States can be resolved peacefully
within the framework of PIL
● Have knowledge of the jurisdiction and selected jurisprudence of the International
Court of Justice and other relevant international courts and tribunals
● Apply PIL to current affairs – particularly ones closer home, and develop critical
awareness on how such affairs impact international law8;
c. Intended Learning Outcomes
Intended Learning Weight Teaching and Assessment

Outcomes Learning Tasks/ Activities
Activities
Analytically and critically 50% Reading of End-of-course

describe and explain relevant course examination (50%
important legal concepts, materials and of marks)
doctrines associated with cases in addition
different streams of public to involving
international law especially themselves in Internal 50% will be
the topics to be covered in the research decided for each
syllabus. section by the
faculty concerned
Students will
acquire knowledge
on public Students’ ability to
international law describe, explain
in general. and apply the
Particularly gain general principles of
familiarity with international Law to
doctrines/ the given factual
concepts situation will be
associated with tested by
different streams assessment
of public tasks/activities.
international law
8 See, International Law and Current Affairs Syllabus by Christine Schwöbel-Patel available at:
https://www.academia.edu/30732582/INTERNATIONAL_LAW_IN_CURRENT_AFFAIRS_syllabus_2
018
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covered in the
syllabus through:
1. Lectures
Students will be
given guidance on
their reading and
research for their
lectures and
tutorials.
2. Discussions
and
Assignments
Students will, by
responding to
questions and
performing
exercises, develop
their analytical
and critical
capabilities to
discuss important
issues on Public
International Law.
Analyse and critically

Variable Lectures Same as above.
evaluate fundamental issuesweight (at
and concerns in the field of
faculty Students will be
public international law discretion, introduced to
for each issues and
section concerns and
aspects of Public
The competing entitlements taught) International Law
available in international
law-
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● the emergence of new Assignments and

concepts and their Preparation for
implications in theses:
relation to change in
the content of law Assignments will
be weaved in ways
● the new where students
jurisprudential scrutinise, analyse
thinking on the social and evaluate
roots of International issues and
Law concerns in the
field of Public
International Law.
Apply different aspects of Variable Lectures Same as above

international law to weight (at
contemporary problems by: faculty Students will be
discretion, shown how legal
for each problems can be
approached from
● researching issues in section various rules of
international law; taught)
international law
● analysing and by citing
innovating to resolve appropriate case
problems concerning laws and conduct
issues in international of States.
law; and
● communicating their Assignments and

solutions orally and in Preparation for
writing clearly, theses:
coherently, and
accurately. Assignments will
be weaved in ways
to attain the
outcome.
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d. Grading of Student Achievement 9,10
To pass this course, students must obtain a minimum of 40% in the

cumulative aspects of coursework, for example, moot, and final
examination. End of semester exam will carry 50 marks out of which
students have to obtain a minimum of 15 marks to fulfil the requirement of
passing the course.
The details of the grades as well as the criteria for awarding such grades are provided
below.
Letter Grade Percentage

Grade Definitions
Grade Value Of marks
Outstanding work with strong

evidence of knowledge of the
subject matter, excellent
O 8 80% and above Outstanding organizational capacity, ability
to synthesize and critically
analyse and originality in
thinking and presentation.
Sound knowledge of the subject

matter, thorough understanding
A+ 7.5 75 to 79.75% Excellent
of issues; ability to synthesize
critically and analyse
Good understanding of the

subject matter, ability to identify
A 7 70 to 74.75% Good issues and provide balanced
solutions to problems and good
critical and analytical skills.
A- 6 65 to 69.75% Adequate Adequate knowledge of the

subject matter to go to the next
9 Under extraordinary circumstances, the JGU Academic Council or the JGU Deans’ Council can suspend
Clause D or make it optional. If Clause D is suspended, the policy which will be framed by the School
based on the decision of the said bodies will supersede Clause D. However, whether a situation is
extraordinary or not will be decided by the said bodies only.
10 Due to the COVID 19 pandemic, the Office of Academic Affairs may suggest changes/amendments or
suspend certain policies relating to the number of assessments and other examination related policies.
Page 8
level of study and reasonable

critical and analytical skills.
Limited knowledge of the

subject matter, irrelevant use of
B+ 5 60 to 64.75% Marginal
materials and poor critical and
analytical skills.
Poor comprehension of the

subject matter; poor critical and
B 4 55 to 59.75% Poor
analytical skills and marginal
use of the relevant materials.
“Pass” in a pass-fail course. “P”

indicative of at least the basic
B- 3 50 to 54.75% Pass
understanding of the subject
matter.
Pass 1: Pass with Basic

P1 2 45 to 49% Pass 1 understanding of the subject
matter.
Pass 2: Pass with Rudimentary

P2 1 40 to 44% Pass 2 understanding of the subject
matter.
Fail: Poor comprehension of the

subject matter; poor critical and
analytical skills and
F 0 Below 40% Fail
marginal use of the relevant
materials. Will require repeating
the course.
NEW COURSE LETTER GRADES AND THEIR INTERPRETATION
Letter Percentag Grade

Interpretation
Grade e of Marks Points
P1 45 - 49 2 Pass 1: Pass with Basic understanding of the
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subject matter.
Pass2: Pass with Rudimentary
P2 40 - 44 1
understanding of the subject matter.
Fail: Poor comprehension of the subject

matter; poor critical and analytical skills and
F Below 40 0
marginal use of the relevant materials. Will
require repeating the course.
‘P’ represents the option of choosing between

Pass/Fail grading system over the CGPA
grading system in the COVID 19 semester in
P Pass Spring 2020. The option is provided when
students attain a minimum of 40 percentage
marks under the current grading structure in a
given subject.
Extenuating circumstances preventing the

student from completing coursework
assessment, or taking the examination; or
where the Assessment Panel at its discretion
I Incomplete
assigns this grade. If an "I" grade is assigned,
the Assessment Panel will suggest a schedule
for the completion of work, or a supplementary
examination.
PART - III
a. Keyword Syllabus
International Law, Public International Law, International Legal Theory, Critical Approaches to
International Law
b. Course/Class Policies
Academic Integrity and Plagiarism
Learning and knowledge production of any kind is a collaborative process. Collaboration

demands an ethical responsibility to acknowledge who we have learnt from, what we
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have learnt, and how reading and learning from others have helped us shape our own
ideas. Even our own ideas demand an acknowledgement of the sources and processes
through which those ideas have emerged. Thus, all ideas must be supported by citations.
All ideas borrowed from articles, books, journals, magazines, case laws, statutes,
photographs, films, paintings, etc., in print or online, must be credited with the original
source. If the source or inspiration of your idea is a friend, a casual chat, something that
you overheard, or heard being discussed at a conference or in class, even they must be
duly credited. If you paraphrase or directly quote from a web source in the examination,
presentation or essays, the source must be acknowledged. The university has a
framework to deal with cases of plagiarism. All form of plagiarism will be taken
seriously by the University and prescribed sanctions will be imposed on those who
commit plagiarism.
Disability Support and Accommodation Requirements
JGU endeavors to make all its courses accessible to students. All students with any
known disability needing academic accommodation are required to register with the
Disability Support Committee dsc@jgu.edu.in. The Committee has so far identified the
following conditions that could possibly hinder student’s overall well-being. These
include: physical and mobility related difficulties; visual impairment; hearing
impairment; medical conditions; specific learning difficulties e.g. dyslexia; mental
health.
The Disability Support Committee maintains strict confidentiality on the matters under
its purview. Students should preferably register with the Committee during the month
of June/January as disability accommodation requires early planning. DSC will
coordinate all disability related services such as appointment of academic mentors,
arranging infrastructural facilities, and course related requirements such as special
lectures, tutorials and examinations.
All faculty members are requested to refer students with any of the above-mentioned
conditions to the Disability Support Committee for getting them disability-related
accommodation. Faculty members are also requested to be sensitive to the needs of such
students and cooperate with Disability Support Committee and the School, extending
students the necessary support by maintaining utmost confidentiality of the matter
Safe Space Pledge
This course may discuss a range of issues and events that might result in distress for
some students. Discussions in the course might also provoke strong emotional
responses. To make sure that all students collectively benefit from the course, and do
not feel disturbed due to either the content of the course or the conduct of the
discussions. Therefore, it is incumbent upon all within the classroom to pledge to
Page 11
maintain respect towards our peers. This does not mean that you need to feel restrained
about what you feel and what you want to say. Conversely, this is about creating a safe
space where everyone can speak and learn without inhibitions and fear. This
responsibility lies not only with students, but also with the instructor.
P.S. The course instructor, as part of introducing the course manual, will discuss the
scope of the Safe Space Pledge with the class.
Policies around attendance, teaching plan and methodology, internal assessments,

office hours, use of gadgets etc. will be set by the faculty teaching the relevant section.
Page 12
PART - IV
WEEKLY COURSE OUTLINE WITH READINGS
Week Topic and Reading Materials

Description
1 Introduction to Basic reading:

International Law
● Jan Klabbers, International Law, Cambridge

• Initial questions (2013), Chapter 1 -‘The Setting of
International Law
• What does
public ● Malcolm Shaw, International Law, 7th edition,
internation Cambridge University Press (2014), Chapters-
al law 1 and 2.
cover? (the
inside and ● Charter of the United Nations, 1945, Articles 1,
the 2, and Declaration on Principles of
outside) International Law concerning Friendly
Relations and Co- operation among States in
• Why accordance with the Charter of the United
“public”? Nations, 1970, United Nations General
Why Assembly Resolution 2625 (XXV) of 24
“internatio October 1970.
nal”?
• Is it law?
Recommended readings and sources:
What are
the main
characteris
tics of the ● Rohini Sen, International Law in Indian Law
normative Schools - What remains invisible? (December
structure? 2020) available at:
http://rsrr.in/2020/12/24/international-law-
• Why in-indian-law-schools/#_ftnref23
should we
care about ● Anthony Anghie, History, and International
internation Law (December 2016),
al law? https://legal.un.org/avl/ls/Anghie_IL.html
• What all ● Monica Hakimi, Why Should We Care About
Page 13
does it International Law?, 118 Mich. L. Rev. 1283

touch? & (2020) available at:
Who all https://repository.law.umich.edu/mlr/vol118/
does it iss6/17
touch?
● HLA Hart, The Concept of Law, Chapter- X,
• Who pp. 208-31 (Also see, Mehrdad Payandeh, The
makes the Concept of International Law in the
law? How Jurisprudence of H.L.A. Hart, European
does it Journal of International Law, Volume 21,
work? Issue 4, November 2010, Pages 967–995,
https://doi.org/10.1093/ejil/chq065)
• Questions about
the nature &
development of
International Law
• Basic
introduction and
critique to
common
principles: equal
rights and self-
determination of
peoples;
sovereign equality
of states; non-use
of force; peaceful
settlement of
disputes; non-
intervention;
good faith; co-
operation.
2 Sources of Basic readings:

International Law- I
● Alain Pellet, ‘Article 38’ in The Statute of the

● Overview of International Court of Justice: A
various Sources of Commentary (eds. A. Zimmermann, C.
Page 14
International Law Tomuschat and K. Oellers-Frahm), Oxford,

2006, p. 677.
● Treaties: Concept;
conclusion, ● Brief overview: Greenwood, C. ‘Sources of
treaty-making, International Law: An Introduction’ (2008)
reservations, unpublished LSE notes, pages 1-5.
grounds for
challenging, ● Overview: Malcolm Shaw, International Law,
termination 7th edition, Cambridge University Press
(2014), Chapter- 3, 16
Treaty provisions and cases:
● Vienna Convention on the Law of Treaties

1969, available at:
http://legal.un.org/avl/ha/vclt/vclt.html
● Treaty Handbook, United Nations

(Reprinted 2006) available at:
https://treaties.un.org/doc/source/publicati
ons/THB/English.pdf
● Reservations to the Convention on the

Prevention and Punishment of the Crime of
Genocide, ICJ Advisory Opinion, 1951
● Gabčíkovo-Nagymaros Project
(Hungary/Slovakia), ICJ Judgment of 25
September 1997 (On termination, paras 89-
115)
● Maganbhai Ishwarbhai Patel vs. Union of

India (1970) Supreme Court Cases 400.
3–4 Sources of Basic readings:

International Law- II
● Overview: Malcolm Shaw, International Law,

● Focus on 7th edition, Cambridge University Press
Page 15
Customary (2014), Chapter- 3

International
Law, jus cogens & ● Alain Pellet, ‘Article 38’ in The Statute of the
erga omnes International Court of Justice: A
Commentary (eds. A. Zimmermann, C.
● General Tomuschat and K. Oellers-Frahm), Oxford,
Principles of Law 2006, p. 677.
● Judicial Decisions
● Resolutions of Cases, Opinions, and other documents:

International
Organizations
● The Case of the S.S. “Lotus” (France v
● Hierarchy of
Turkey), PCIJ, 1927 (page 28)
Sources
● Right of Passage over Indian Territory
(Portugal v. India), Judgment of 12 April
1960 (pages 39-40, along with Dissenting
Opinion of Judge M.C. Chagla, pages 119-
120)
● Asylum Case (Colombia v. Peru), 1950

(pages 276-278)
● Military and Paramilitary Activities in and

against Nicaragua (Nicaragua v. United
States of America), Merits, Judgment, 1986
pp. 97-102,108-109 (paras. 183,184, 186,
187, 188, 189, 190, 193, 207).
● North Sea Continental Shelf Cases

(Netherlands/Germany)
(Denmark/Germany), 1969, pp. 41-47
(paras. 70-80, 81, 85). [Also see,
Proclamation 2667, of September 28, 1945:
Policy of the United States with Respect to
the Natural Resources of the Subsoil and the
Seabed of the Continental Shelf:
https://www.gc.noaa.gov/documents/gcil_p
roc_2667.pdf]
● Nuclear Weapons Advisory Opinion, 1996
Page 16
(paras 65 to 73; along with Dissenting

Opinion of Judge Weeramantry)
● Barcelona Traction, Light and Power

Company Case, 1970 ICJ (case summary and
para.3 & 33-35) [on erga omnes]
● Application of the Convention on the

Prevention and Punishment of the Crime of
Genocide, Order of January 2021 (paras 39-
42; also see Separate Opinion of Judge Xue
paras 4-6) [on erga omnes partes]
● Jurisdictional Immunities of the State

(Germany v. Italy: Greece intervening)
(paras 92-97)
● ILC Draft conclusions on identification of

customary international law with
commentaries, 2018:
https://legal.un.org/docs/?path=../ilc/texts/
instruments/english/commentaries/
1_13_2018.pdf&lang=EF
● First Report (April 2019) & Second Report

(June 2020) ILC Reports on General
Principles of International Law:
https://legal.un.org/ilc/guide/1_15.shtml
● Thirlway, H., Specialities: Jus Cogens,

Obligations Erga Omnes, Soft Law, in The
Sources of International Law (2nd ed 2019)
● Michael P Scharf, Customary International

Law in Times of Fundamental Change:
Recognizing Grotian Moments, Chapter 3:
Theoretical Underpinnings (eds 2013)
● Anthony D'Amato, Trashing Customary
Page 17
International Law, The American Journal of

International Law, Vol. 81, No. 1 (January,
1987), pp. 101-105
● B. S. Chimni, International Institutions

Today: An Imperial Global State in the
Making, European Journal of International
Law, Volume 15, Issue 1, February 2004,
Pages 1–37 available at:
https://academic.oup.com/ejil/article/15/1/
1/418237
● David Kennedy, "The Sources of

International Law." American University
International Law Review 2, no. 1 (1987): 1-
96. available at:
https://digitalcommons.wcl.american.edu/a
uilr/vol2/iss1/1/
5 International Legal Basic Readings:

Personality- I
● James Crawford, State, Max Planck

● Subjects of Encyclopedias of International Law [MPIL]
International Law
● States as 7th edition, Cambridge University Press
Traditional (2014), Chapter- 5, 9
International
Legal Persons
● Statehood Treaties and Resolutions:
● State Sovereignty
● Montevideo Convention on the Rights and
● State Recognition
Duties of States, 1933
● UN General Assembly Resolution 67/19 on

the Question of Palestine (29 November
Page 18
2012)
Suggested case study:
● The Pint sized Nation of the English Coast:

https://www.theatlantic.com/international/
archive/2019/08/sealand-outlaw-ocean-
tiniest-nation/596074/
● Security Council debate on membership of

Israel to the UN:
https://digitallibrary.un.org/record/637527/
files/S_PV-383-EN.pdf (item 3)
● Arbitration Commission of the Conference

on Yugoslavia - Opinion 1, 2, 4 10:
http://www.pf.uni-lj.si/media/skrk_mnenja
.badinterjeve.arbitrazne.komisije.1_.10.pdf
● Matthew Craven, and Rose Parfitt,

Statehood, Self-Determination and
Recognition available at:
https://core.ac.uk/download/pdf/13219730
2.pdf
6 International Legal Basic Readings:

Personality- II
● International ● James Crawford, Brownlie's Principles of

Organizations: Public International Law (9th Edition),
Definition, Rights Chapter 7 – International Organisations.
and Duties of IO ● Malcolm Shaw, International Law, 7th
Page 19
under edition, Cambridge University Press (2014),

International Law Chapter- 5
● Position of
Individuals in
International Treaties and Cases:
Law,
(Introduction, as
examples - ● Reparation for Injuries Suffered in the
Asylum and Service of the United Nations, ICJ Advisory
Extradition) Opinion, April 1949
● Other Non-state ● Articles 104 and 105, UN Charter

actors
● General Convention on the Privileges and
Immunities of the United Nations, 1946.
Suggested Case Study:
● UN Concedes Role in Haiti Cholera Crisis,

The Daily Beast, August 17, 2016
http://www.thedailybeast.com/cheats/201
6/08/17/u-n-admits-to-role-in-haiti-
cholera-outbreak.html?
via=desktop&source=copyurl
● Yale Law School’s Transnational

Development Clinic’s report on
“Peacekeeping without Accountability: The
United Nations’ responsibility for the
Haitian cholera epidemic”
● Article CVIII, of the Final Act of the

Congress of Vienna, 1815
● Central Commission for the Navigation of

the Rhine, Leaflet:
Page 20
https://ccnr.eu/files/communication/flyerC
CNR2016_en.pdf
● Anne Peters, Novel practice of the Security

Council: Wildlife poaching and trafficking as
a threat to the peace, February 2014
available at: http://www.ejiltalk.org/novel-
practice-of-the-security-council-wildlife-
poaching- and-trafficking-as-a-threat-to-the-
peace/
● Fleur Johns, Theorizing the Corporation in

International Law, in A. Orford, A. and F.
Hoffmann, The Oxford Handbook of the
Theory of International Law (OUP, 2016).
7 Self-determination: Basic Readings:

Internal and
External Self-
determination ● Victor Kattan, Self-determination as
ideology: The Cold War, the end of empire,
and the making of UN General Assembly
Resolution 1514 (14 December 1960)
available at:
http://victorkattan.com/work/self-
determination-as-ideology/

7th edition, Cambridge University Press
(2014), Chapter- 17
Cases, Opinions, Treaty provisions, and

Resolutions:
Page 21
● UN Charter Article 1, Chapters XI-XIII
● Common Article 1 to ICCPR and ICESCR,

and Human Rights Council, General
Comment 12
● UNGA Res 1514, 1541, 1803 and 2625
● Vienna Declaration and Action for

Programme, 1993 available at:
https://www.ohchr.org/en/professionalinter
est/pages/vienna.aspx
● United Nations Declaration on the Rights of

Indigenous Peoples, 2007 available at:
https://www.un.org/development/desa/indi
genouspeoples/declaration-on-the-rights-of-
indigenous-peoples.html
● Legal Consequences for States of the

Continued Presence of South Africa in
Namibia (South-West Africa)
Notwithstanding Security Council
Resolution 276 (1970), Advisory Opinion of
21 June 1971, (para 52)
● Accordance with International Law of the

Unilateral Declaration of Independence in
Respect of Kosovo, ICJ Advisory Opinion of
22 July 2010 (case summary along with
Separate Opinion Judge Yusuf, para 16)
● Legal Consequences of the Construction of a

Wall in the Occupied Palestinian Territory,
2004 (paras, 88, 119 to 122, and 159)
● Legal Consequences of the Separation of the

Chagos Archipelago from Mauritius in 1965,
Advisory Opinion of 25 February 2019 (paras
132-182)
● Supreme Court of Canada – Reference re
Page 22
Secession of Quebec
Suggested Case Studies:
● The Legal Status of Palestine
o Victor Kattan, A critical assessment of

the Government of Israel’s
memorandum to the ICC (January
2020) – Part I (available at:
https://www.ejiltalk.org/a-critical-
assessment-of-the-government-of-
israels-memorandum-to-the-icc-part-
i/)and Part II
(https://www.ejiltalk.org/a-critical-
assessment-of-the-government-of-
israels-memorandum-to-the-icc-part-
ii)
o Victor Kattan, Muddying the Waters:

A Reply to Kay and Kern on the
Statehood of Palestine and the ICC –
Part I, Part II and Muddying the
Waters Still Further: A Response to
Steven Kay and Joshua Kern, August
2020 available at:
http://opiniojuris.org/author/victor-
kattan/
● Bougainville Explained: How the world’s

newest country might bloom out of protests
against a copper mine:
https://indianexpress.com/article/explained
/bougainville-explained-how-the-worlds-
newest-country-might-bloom-out-of-
protests-against-a-copper-mine-6132284/
● Bangladesh: See, Ved P. Nanda, Self-

Determination in International Law: The
Tragic Tale of Two Cities--Islamabad (West
Page 23
Pakistan) and Dacca (East Pakistan), The

American Journal of International Law Vol.
66, No. 2 (Apr., 1972), pp. 321-336.
● Tibet: Surya P Subedi, 'The Right of Self-

determination and the Tibetan People' in
Dino. Kritsiosis (ed), Self-determination:
Cases of Crisis.
● Shrimoyee Nandini Ghosh, Acknowledging

the ‘question of self-determination’ that
OHCHR Kashmir report raises will be path-
breaking, June 2018 available at:
https://www.theleaflet.in/acknowledging-
the-question-of-kashmiri-self-
determination-ohchr-report-path-breaking/
● Matthew Craven, and Rose Parfitt,

Statehood, Self-Determination and
Recognition available at:
https://core.ac.uk/download/pdf/13219730
2.pdf
● Life is Waiting: Referendum and Resistance

in Western Sahara | Documentary available
at: https://www.youtube.com/watch?
v=9QzRzm4uFxU
● Vasuki Nesiah, Placing International Law:

White Spaces on a Map (Leiden Journal of
International Law2003) available at:
https://www.academia.edu/6937435/Placin
g_International_Law_White_Spaces_on_a
_Map
8 State Jurisdiction Basic Readings:
Page 24
● Prescriptive and
Enforcement
Jurisdiction ● Malcolm Shaw, International Law, 7th
edition, Cambridge University Press (2014),
● Principles of Chapter- 12
Jurisdiction:
Territoriality,
Active Cases:
Personality,
Passive
Personality,
● Nottebohm (Liechtenstein v. Guatemala),
Protective &
ICJ
Universality
● The case of S.S. “Lotus” (France v. Turkey)
PCIJ.
● Corfu Channel case (UK v Albania), ICJ 1949
● Enrica Lexie Award, PCA and Republic of

Italy and Ors. v Republic of India and Ors.,
Judgment of the Supreme Court of India,
dated 18 January 2013
● Article 5, United Nations Convention against

Torture, 1985
● Treaty of Canterbury (Chunnel-Tunnel

treaty), 1991
● Article VI, Convention on the Prevention and

Punishment of the Crime of Genocide, 1948
● Valeria Eboli & Jean Paul Pierini, The

“Enrica Lexie Case” and the Limits of the
Extraterritorial Jurisdiction of India, (2012)
Online Working Paper 2012/n.39 at
<http://www.cde.unict.it/sites/default/files/
Page 25
39_2012.pdf>
● The Adolf Eichmann Story:
o Attorney General v. Adolf Eichmann,

District Court of Jerusalem, Criminal
Case No. 40/61, December 1961
available at:
https://www.asser.nl/upload/docume
nts/DomCLIC/Docs/NLP/Israel/Eich
mann_Judgement_11-12-1961.pdf
o Letter from Argentina to UNSC in

1960 regarding the arrest of Adolf
Eichman by Isareli Mossad:
https://www.un.org/en/sc/repertoire
/59-63/Chapter%208/59-63_08-7-
Complaint%20by%20Argentina.pdf
● The story of John Demjanjuk:
o State of Israel v Demjanjuk, Supreme

Court of Israel, Israel, Case no.
347/88, 1993 available at:
http://www.internationalcrimesdatab
ase.org/Case/191/Demjanjuk/
o The Devil Next Door (available on

Netflix)
● Princeton University Program in Law and

Public Affairs, The Princeton Principles on
Universal Jurisdiction 28 (2001) available
at:
http://hrlibrary.umn.edu/instree/princeton.
html.
● Lockerbie Incident and questions regarding

jurisdiction, Related - US v Libya, ICJ
Preliminary Objections
9 State Responsibility Basic Readings:
Page 26
● General Principle
● Acts giving rise to ● James R. Crawford, State Responsibility, Max

State Planck Encyclopedias of International Law
Responsibility:
conduct, ● Overview: Malcolm Shaw, International Law,
attribution, 7th edition, Cambridge University Press (2014),
breach, defences Chapter- 14
● Consequences: ● ILC Articles on Responsibility of States for

New rules Internationally Wrongful Acts, 12 December
governing legal 2001, ILC Yearbook 2001(II)/2, Arts. 4, 7, 10
relationship (codification); Arts. 41, 48 (progressive
between states development).
after establishing ● Draft articles on Responsibility of States for
state Internationally Wrongful Acts, with
responsibility, commentaries 2001:
invocation of https://legal.un.org/ilc/texts/instruments/engli
state sh/commentaries/9_6_2001.pdf
responsibility,
countermeasures
● Diplomatic
protection
10 Interaction between Basic Readings:

International Law &
Domestic Law
● Monist System ● Lavanya Rajamani, International law and the

Constitutional Schema in in Oxford
● Dualist System Handbook of the Indian Constitution (Eds.
Sujit Choudhry, Madhav Khosla, and Pratap
● Implementation
Bhanu Mehta, 2016)
of International
law into domestic ● Aparna Chandra, India and international
law in India law: formal dualism, functional monism,
Indian Journal of International Law (2017)
● Chimni, India, in The Oxford Handbook of
Page 27
International Law in Asia and the Pacific

(Eds. Simon Chesterman, Hisashi Owada,
Ben Saul, 2019 )
Suggested Case Study:
● Mohammad Salimullah v. Union of India, W.

P. (C) NO. 793 OF 2017
● See sources from other Asian contexts from

TRILA Database of Asian Cases and Reading
Materials available at: pages 28-41, 47-53.
● Gutierrez, Carlos Jose, “Conflict between

Domestic and International Law,” The
American University Law Review, Vol. 30:
147
11 Use of Force & Law Basic Readings:

of Armed Conflict:
● International Law Association Final Report

● Jus ad bellum on Use of Force (2018) available at
https://www.ila-hq.org/images/ILA/DraftR
● International law
eports/DraftReport_UseOfForce.pdf
governing
prohibition of use ● Dapo Akande, Prohibition and Exception:
of force https://legal.un.org/avl/ls/Akande_PS.html
(both lectures)
● Exceptions to
Prohibition: Self- ● Adil Ahmad Haque, The United Nations
defence, Charter at 75: Between Force and Self-
humanitarian Defense — Part One and Part Two (June
Page 28
intervention, R2P 2020) available at:

doctrine https://www.justsecurity.org/70985/the-
united-nations-charter-at-75-between-force-
and-self-defense-part-one/ and
https://www.justsecurity.org/70987/the-
united-nations-charter-at-75-between-force-
and-self-defense-part-two/
Treaty provisions, Resolutions, Relevant Cases and

incidents:
● UN Charter: Article 2, and Chapter 7
● UNGA Resolution 2625
● UNSC Resolutions: 217, 253, 660, 661, 678,

1368 and 1973
● Report of the Independent Commission on

Intervention and State Sovereignty, The
Responsibility to Protect, 2001, Chapters 1,
2, and 4
● Caroline incident of 1837, Communications

available at:
https://avalon.law.yale.edu/19th_century/b
r-1842d.asp
● Legality of the Use by a State of Nuclear

Weapons in Armed Conflict, 1996 ICJ (case
summary, and para 41-42, 47)
● Military and Paramilitary Activities in

Nicaragua (Merits), ICJ 1986 (paras 187-
201, 227-238);
● Oil Platforms, Judgment of 6 November

2003, ICJ (paras 50-77)
Page 29
● Armed Activities on the Territory of the

Congo (DRC v. Uganda), 2005 ICJ (case
summary and para 143)
● Legal Consequences of the Construction of a

Wall in the Occupied Palestinian Territory,
ICJ Advisory Opinion of 2004 (paras 138-
141; also see summary of the separate
opinion of Judge Koogimans, Koroma and
Higgins, and Declaration of Judge
Buergenthal).
● Chatham House: Principles of International

Law on the Use of Force by States in Self
Defence, 2005 available at:
https://www.chathamhouse.org/sites/defau
lt/files/publications/research/2005-10-01-
use-force-states-self-defence-wilmshurst.pdf
● Adil Ahmad Haque, Self-Defense Against

Non-State Actors: All Over the Map -
Insights from UN Security Council Arria-
Formula Meeting, March 2021, available at:
https://www.justsecurity.org/75487/self-
defense-against-non-state-actors-all-over-
the-map/
● Anne Orford, What kind of law is this? Libya

and International Law, March 2011 available
at:
https://www.lrb.co.uk/blog/2011/march/wh
at-kind-of-law-is-this
● Claus Kress, On the Principle of Non-Use of

Force in Current International Law,
September 2019 available at:
https://www.justsecurity.org/66372/on-the-
principle-of-non-use-of-force-in-current-
Page 30
international-law/
12 Settlement of Basic Readings:

International
Disputes
● Collier, John & Lowe, Vaughan, The
Settlement of Disputes in International Law:
● Diplomatic Institutions & Procedures, Oxford University
Means of Dispute Press (2000), Chapter 1, 2
Settlement:
Negotiation, ● UN Charter : Chapter VI
Mediation, Good ● UN’s Website - Pacific Settlement of
Offices, Inquiry, Disputes (Chapter VI of UN Charter):
Conciliation https://www.un.org/securitycouncil/conten
● Legal Means of t/pacific-settlement-disputes-chapter-vi-un-
Dispute charter
Settlement:
Arbitration and
Judicial
Settlement
13 International Courts Basic Readings:

and Tribunals
● ICJ’s Website: Basis of the Court’s

● Law and jurisdiction:
Procedure of the https://www.icj-cij.org/en/basis-of-
ICJ: Advisory & jurisdiction
Contentious
Jurisdiction ● Malcolm Shaw, International Law, 7th
edition, Cambridge University Press (2014),
● Introduction to Chapter- 19
other tribunals
Cases, Opinions, Treaty Provisions, and other

material:
Page 31
● UN Charter: Articles 2(3), 33, 36(3), 92, 96
● Statute of the International Court of Justice:

Articles: 34, 36
● UN General Assembly Resolution 49/75K:

https://digitallibrary.un.org/record/193267?
ln=en or
https://www.icj-cij.org/public/files/case-
related/95/7646.pdf
● Norwegian Loans Case: official summary
● Nicaragua vs USA: focus on the Jurisdiction

phase
o Jurisdiction Phase
o Nicaragua’s optional clause

declaration, 1929
o President Truman’s Optional Clause

Declaration, 1948
o George Shultz Amendment, 1984
● Keisuke Iida, Is WTO Dispute Settlement

Effective? 10 Global Governance 207–225
(2004).
● Cryer et al, An Introduction to International

Criminal Law and Procedure (CUP 2010)
144-180
● Collier, John & Lowe, Vaughan, The

Settlement of Disputes in International Law:
Institutions & Procedures, Oxford University
Page 32
Press (2000), Chapter 7, 8
14 Critiques of Basic Readings:

International Law
● Mohsen Al Attar, Out of Place? Being Anti-

● Third World Colonial in Law School, June 2021 available
Approaches to at: http://opiniojuris.org/2021/06/25/out-
International Law of-place-being-anti-colonial-in-law-school/.
● Feminist ● Gathii, James Thuo, The Promise of

Critiques of International Law: A Third World View
International Law (June 25, 2020), Grotius Lecture Presented
at the 2020 Virtual Annual Meeting of the
● Introduction to American Society of International Law,
other critical Available at SSRN available at: The Promise
approaches of International Law: A Third World View by
...papers.ssrn.com › sol3 › papers. Or hear at:
https://www.youtube.com/watch?
v=neGcxJgRogE
● Luis Eslava, TWAIL Coordinates (2019),

https://grojil.org/2019/04/01/twail-
coordinates/
● Mohsen Al Attar, “I can’t breathe”:

Confronting the Racism of International
Law” (October 2020) available at:
https://mohsenalattar.org/i-cant-breathe-
confronting-the-racism-of-international-
law/
● Nesiah, Vasuki (2003). The Ground Beneath

Her Feet: “Third World" Feminisms. Journal
of International Women's Studies, 4(3), 30-
38.
Page 33
● Makau Mutua, Critical Race Theory and

International Law: The View of an Insider-
Outsider, 45 Vill. L. Rev. 841 (2000)
available at:
https://digitalcommons.law.villanova.edu/vl
r/vol45/iss5/2
● Rosa Brooks, “Feminism and International

Law: An Opportunity for Transformation.”
Yale Journal of Law & Feminism 14 (2002):
345-361.
● P.Weil, ‘Towards Relative Normativity in

International Law’
15 Review & Revision
A word of caution on online readings
Online sources can be classified into reliable, unreliable and outright bogus. The
Internet is an open domain in which all and sundry can create web pages and indulge in
propaganda, falsification or misrepresentation of events. The few sources that can help
you with basic information and which are fairly unbiased are: websites of established
newspapers, magazines and journals. Students should always consult with the
instructors about the veracity and authenticity of a particular web site and its suitability
for researching topics covered in this syllabus.
Textbook
There is no prescribed textbook for the course, and one is expected to rely on the
suggested readings above.
If at all, despite concerns with writing in any textbook including this one, 11 students at
JGLS (and at many law schools in India and in South Asia) have relied on Shaw, M. N:
11 For instance, see concerns by Prabhakar Singh, Foreword in, Swati Singh Parmar & Adithya
Variath,An Introduction to International Law (Thomson Reuters, Forthcoming) available at:
https://jgu.academia.edu/PrabhakarSingh.
Page 34
International Law. 7th edition Cambridge University Press, Cambridge

(2014) as a possible option for its traditional and characteristic mode of
argumentation.
One can also experiment with:
● Jan Klabbers, International Law, Cambridge (2013).

● Malcolm D. Evans, International Law, Oxford (2003).
Useful Internet Links
- http://untreaty.un.org/cod/avl/intro.html
- http://untreaty.un.org/ilc/summaries/summaries.htm
- http://ials.sas.ac.uk/flare/flare.htm
- http://www.un.org/law/riaa/
- http://digitalcommons.law.yale.edu/
- http://www.mpepil.com/
- http://www.asil.org/
-https://docs.google.com/document/d/1a678-qh741g96yvEUrd-lhh4U-
JzJcFgmPqU25OKH1M/edit?usp=sharing
Useful blogs
www.https://ilg2.org
http://opiniojuris.org
https://www.ejiltalk.org
https://www.justsecurity.org
https://twailr.com
***
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COURSE MANUAL

Public International Law

From: Joe Sacco, The Hague in Journalism

O. P. JINDAL GLOBAL UNIVERSITY

Course Title: Public International Law

Course Code: L-CT-0024

Course Duration: One Semester (15 weeks)

Level: Five Year Degree Programme

Medium of Instruction: English

Equivalent courses: Nil

By the end of the course students should be able to:

● Understand and apply the sources of public international law.

6 Luis Eslava, Public International Law – Syllabus available at:

c. Intended Learning Outcomes

Intended Learning Weight Teaching and Assessment

Analytically and critically 50% Reading of End-of-course

Analyse and critically

● the emergence of new Assignments and

Apply different aspects of Variable Lectures Same as above

● communicating their Assignments and

d. Grading of Student Achievement 9,10

To pass this course, students must obtain a minimum of 40% in the

Letter Grade Percentage

Outstanding work with strong

Sound knowledge of the subject

Good understanding of the

A- 6 65 to 69.75% Adequate Adequate knowledge of the

level of study and reasonable

Limited knowledge of the

Poor comprehension of the

“Pass” in a pass-fail course. “P”

Pass 1: Pass with Basic

Pass 2: Pass with Rudimentary

Fail: Poor comprehension of the

NEW COURSE LETTER GRADES AND THEIR INTERPRETATION

Letter Percentag Grade

P1 45 - 49 2 Pass 1: Pass with Basic understanding of the

Fail: Poor comprehension of the subject

‘P’ represents the option of choosing between

Extenuating circumstances preventing the

Academic Integrity and Plagiarism

Learning and knowledge production of any kind is a collaborative process. Collaboration

Disability Support and Accommodation Requirements

Safe Space Pledge

Policies around attendance, teaching plan and methodology, internal assessments,

WEEKLY COURSE OUTLINE WITH READINGS

Week Topic and Reading Materials

1 Introduction to Basic reading:

● Jan Klabbers, International Law, Cambridge

• What all ● Monica Hakimi, Why Should We Care About

does it International Law?, 118 Mich. L. Rev. 1283

2 Sources of Basic readings:

● Alain Pellet, ‘Article 38’ in The Statute of the

International Law Tomuschat and K. Oellers-Frahm), Oxford,

Treaty provisions and cases:

● Vienna Convention on the Law of Treaties

● Treaty Handbook, United Nations

● Reservations to the Convention on the

● Maganbhai Ishwarbhai Patel vs. Union of

3–4 Sources of Basic readings:

● Overview: Malcolm Shaw, International Law,

Customary (2014), Chapter- 3

● Resolutions of Cases, Opinions, and other documents:

● Asylum Case (Colombia v. Peru), 1950