This document contains a list of readings for PIL (Public International Law) organized by topic and priority. The priority one section focuses on three key areas: 1) the role of domestic courts and their relationship to international law with two Indian readings; 2) subjects of international law dealing with international organizations and individuals with four readings; and 3) state responsibility examined through one reading on the Nicaragua and Tadic tests. The overall document categorizes numerous readings covering major PIL issues by topic, author, and priority.
This document contains a list of readings for PIL (Public International Law) organized by topic and priority. The priority one section focuses on three key areas: 1) the role of domestic courts and their relationship to international law with two Indian readings; 2) subjects of international law dealing with international organizations and individuals with four readings; and 3) state responsibility examined through one reading on the Nicaragua and Tadic tests. The overall document categorizes numerous readings covering major PIL issues by topic, author, and priority.
This document contains a list of readings for PIL (Public International Law) organized by topic and priority. The priority one section focuses on three key areas: 1) the role of domestic courts and their relationship to international law with two Indian readings; 2) subjects of international law dealing with international organizations and individuals with four readings; and 3) state responsibility examined through one reading on the Nicaragua and Tadic tests. The overall document categorizes numerous readings covering major PIL issues by topic, author, and priority.
1. Module 1 and 2 Third World Approaches to B.S. Chimni International Law: A Manifesto Feminist Approaches to International Hilary Law Charlesworth et al. What is TWAIL? Makau Mutua International Law and the Developing Christopher G. World: A Millennial Analysis— Weeramantry Keynote Address The Supreme Court of India and Prabhash Ranjan International Law: A Topsy-Turvy Journey from Dualism to Monism Indian Courts and International Law V.G. Hegde 2. General Principles Report 1 on GPL 2019 Marcelo of International Vazquez- Law Bermudez Report 2 on GPL 2020 Marcelo Vazquez- Bermudez Report 3 on GPL 2022 Marcelo Vazquez- Bermudez 3. Subjects of International Organizations and P.K. Menon International Law Individuals as Subjects of International Law Reparation for Injuries Suffered in the Advisory Service of the United Nations Opinion ICJ The Role of the Individual in Andrew Clapham International Law The Position of the Individual in Alexander International Law Orakhelashvili Tools to do the Job: The ICRC’s Legal Els Debuf Status, Privileges and Immunities 4. State Recognition Recognition of States in International H. Lauterpacht Law Recognition in International: Hans Kelsen Theoretical Observations Accordance with International Law of Advisory the Unilateral Declaration of Opinion ICJ Independence in Respect of Kosovo 5. Use of Force International Law and its Oona A. Transformation through the Outlawry Hathaway and of War Scott J. Shapiro Who Killed Article 2(4) or: Changing Thomas M. Norms Governing the Use of Force by Franck States Kellogg-Briand Pact 1928 Use of Force as Self Defence against Srinivas Burra Non-State Actors and TWAIL Considerations: A Critical Analysis of India’s State Practice The Use of Force in the Nicaraguan William Schabas Cases From Humanitarian Intervention to the Gareth Evans Responsibility to Protect The Indian Way of Humanitarian Gary J Bass Intervention The Ukraine War and the Prohibition Claus Kreß of the Use of Force in International Law 6. State The Nicaragua and Tadic Tests Antonio Cassese Responsibility Revisited in Light of the ICJ Judgement on Genocide in Bosnia Consent Precluding State Ademola Abass Responsibility: A Critical Analysis The Various Control Tests in the Law Stefan Talmon of State Responsibility and the Responsibility of Outside Powers for Acts of Secessionist Self Defence as a Circumstance Federica I Precluding Wrongfulness: Paddeu Understanding Article 21 of the Articles on State Responsibility
PIL READINGS [PRIORITY WISE]
PRIORITY ONE S. NO. NAME OF TOPIC READING AUTHOR 1. Module 1 and 2 The Supreme Court of India and Prabhash Ranjan International Law: A Topsy-Turvy (25) Journey from Dualism to Monism Indian Courts and International Law V.G. Hegde (25) 1. Subjects of International Organizations and P.K. Menon (67) Individuals as Subjects of International Law International Law Reparation for Injuries Suffered in the Advisory Service of the United Nations Opinion ICJ (19) The Role of the Individual in Andrew Clapham International Law (6) The Position of the Individual in Alexander International Law Orakhelashvili (36) Tools to do the Job: The ICRC’s Legal Els Debuf (26) Status, Privileges and Immunities 2. State The Nicaragua and Tadic Tests Antonio Cassese Responsibility Revisited in Light of the ICJ (20) Judgement on Genocide in Bosnia
S. NO. NAME OF TOPIC READING AUTHOR
1. Module 1 and 2 Third World Approaches to B.S. Chimni International Law: A Manifesto Feminist Approaches to International Hilary Law Charlesworth et al. What is TWAIL? Makau Mutua International Law and the Developing Christopher G. World: A Millennial Analysis— Weeramantry Keynote Address The Supreme Court of India and Prabhash Ranjan International Law: A Topsy-Turvy (25) Journey from Dualism to Monism Indian Courts and International Law V.G. Hegde (25) 2. General Principles Report 1 on GPL 2019 Marcelo of International Vazquez- Law Bermudez Report 2 on GPL 2020 Marcelo Vazquez- Bermudez Report 3 on GPL 2022 Marcelo Vazquez- Bermudez 3. Subjects of International Organizations and P.K. Menon International Law Individuals as Subjects of International Law Reparation for Injuries Suffered in the Advisory Service of the United Nations Opinion ICJ The Role of the Individual in Andrew Clapham International Law The Position of the Individual in Alexander International Law Orakhelashvili Tools to do the Job: The ICRC’s Legal Els Debuf Status, Privileges and Immunities 4. State Recognition Recognition of States in International H. Lauterpacht Law (75) Recognition in International: Hans Kelsen Theoretical Observations Accordance with International Law of Advisory the Unilateral Declaration of Opinion ICJ Independence in Respect of Kosovo 5. Use of Force International Law and its Oona A. Transformation through the Outlawry Hathaway and of War Scott J. Shapiro Who Killed Article 2(4) or: Changing Thomas M. Norms Governing the Use of Force by Franck States Kellogg-Briand Pact 1928 Use of Force as Self Defence against Srinivas Burra Non-State Actors and TWAIL Considerations: A Critical Analysis of India’s State Practice The Use of Force in the Nicaraguan William Schabas Cases From Humanitarian Intervention to the Gareth Evans Responsibility to Protect The Indian Way of Humanitarian Gary J Bass Intervention The Ukraine War and the Prohibition Claus Kreß of the Use of Force in International Law 6. State The Nicaragua and Tadic Tests Antonio Cassese Responsibility Revisited in Light of the ICJ Judgement on Genocide in Bosnia Consent Precluding State Ademola Abass Responsibility: A Critical Analysis The Various Control Tests in the Law Stefan Talmon of State Responsibility and the Responsibility of Outside Powers for Acts of Secessionist Self Defence as a Circumstance Federica I Precluding Wrongfulness: Understanding Article 21 of the Paddeu Articles on State Responsibility
PIL SYLLABUS
S.NO. TOPIC SOURCE
1. Nature of International Law 2. Legal Personality PK Menon 3. Feminist Approach to International Law 4. Application of International Law in India Prabhash Ranjan + Hegde 5. Sources of International Law Notes + Summary of GPL Reports 6. Third World Approach to International TWAIL Doc Law 7. State Creation + State Recognition + Malcolm Show Different Theories 8. Territory Notes 9. Use of Force Notes + Readings 10. State Responsibility Notes + Antonio Cassese
PUBLIC INTERNATIONAL LAW END TERMS GUIDELINES
1. Definition and nature of IL
2. Municipal law and IL 3. Subject of IL 4. Sources of IL 5. State Creation 6. State Recognition 7. Territory 8. State Responsibility 9. Use of Force - In case of application based questions: if they used force against terrorist activity, you had to evaluate the actions of the other state. You could have discussed humanitarian intervention. - There is a high chance that a question will come from sources of intrenational law, and there is ahigh chance that a question will be asked to you such that questions may be repeated. To bring you on the same level, you could be asked the same questions again (such as section a can receive section b question and vice versa) - The division may be: 15 + 5 or 10 + 10 – for 20 marks. - There will be 2 application and 3 theory. - Keep track of every recent happening, maybe security council, Russia-Ukraine, UNGA etc. - If a question is asked on the recognition of Taliban, it is recognition of government not state recognition. – States believe it is the domestic issue of the internal matter of the state concerned. Many states could believe that if its an nternational issue, it is not the states business, it should in fact not be brought to international regime. There are states which have shown a recognition on the different states. State practice – different states like China (when a govt comes in control it is customary practice to give recognition), USA, Russia have recognized Taliban. There was Moscow declaration, where a group of states said they will recognize Taliban. Bring the concept of rival control. Thus, you needed to establish effective control. Apart from states, there are certain step taken by IO. Security Council said it respects human rights and even issued a statement on Taliban. Structure of answer Handwriting should be clear 1. Give introduction, background and 2. Then law at hand 3. Critically analyzed – current law – ALWAYS DISCUSS FROM BOTH SIDE – BOTH!!!!!!!!!!!!!!! – ONLY AND ONLY IF I MENTION GIVE PERSONAL OPINION THEN – OTHERWISE ALWAYS ARGUE FROM BOTH SIDES! 4. How it’s being misused, how it’s being widely interpreted
PIL MEETING
• For CA4, Doctrine of Necessity
• Rushdie violated VCCR • Accused were not given any chance to present their case or contact home state • From State of Usmania, the railway attack was harming civilians • Necessity could be invoked to preclude wrongfulness • It was attack on sovereign property • Paragraph 14 and 15 of Article 25 • Thoroughly do the readings with full detail • For example, • R2P • Humanitarian intervention • Who killed Article 2(4) • Focus more on these • Subjects of international law, few articles have been discussed • For topics like relationship between international law and municipal law, there will be direct questions • How does international law apply in India • Prabhash Ranjan and VG Hedge- READ THOROUGHLY • Proportionality, necessity- should be knowing • Tadic, Nicaragua- READ CASES • Genocide Convention case • Critically analyse- present both sides • Critically analyse R2P- give recent examples • Those who get average marks and better marks- the difference is supplanting answers with the help of recent cases and recent case laws • Use of force- MENTION RUSSIA UKRAINE • Whatever topic you are studying- have recent examples • Recognition of State- Kosovo, Palestine • When you write answers, highlight important points • State responsibility- focus on commentary- don’t read all articles- just have to know IWA, circumstances precluding wrongfulness and the consequences • Use of Force- EVERYTHING IS IMPORTANT- new world order, old world order, Caroline, Nicaragua, Kellog Pact • Territory- burkina faso • State recognition • International legal personality • Nature of International Law
The Law of the United Nations as Applied to Intervention Within the Frame Work of Article 2, Paragraph 7 of the Un Charter: A Comparative Analysis of Selected Cases to Establish the Underpinning Reality of the Danger of the Principles of Sovereign Equality and Domestic Jurisdiction Against Un Mandate for Total Humanity's Peaceful Co - Existence and Prosperity.