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PIL READINGS [GENERAL]

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
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

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