Background

The subject ‗international law‘ is generally referred to ―that body of law which is composed for
its greater part of the principles and rules of conduct which states feel themselves bound to
observe, and therefore, do observe in their relations with each other‖. Of course, the subject
also deals with rules and regulations governing international institutions and, in certain
circumstances, even individuals.

In the modern context at least, law making at the international level is by and large
accomplished through entering into treaty, either multilateral or bilateral, relationships.
However, there are other reference points-international custom, general principles of law
recognized by modern legal systems, juristic works [(See Article 38 of the Statute of the
International Court of Justice (ICJ)] - creating obligations for states. Not to ignore the ‗General
Assembly Resolutions‘, unilateral declarations made and decisions taken in international
conferences, subject of course to the contents of and the level of state participation.

Methodology

The course is essentially based on primary source materials such as UN documents

supplemented by secondary source materials and adopts lecture-cum interactive mode of
learning through an analysis of case laws. Given di"erent approaches to the study of
international law, there is no single textbook prescribed for the course. However, students are
advised to refer to the following texts: (1) Peter, Malanczuk, ―Akehurst’s Modern Introduction
to International Law (2002), 7th edition;(2) V. S. Mani, Basic Principles of Modern International
Law (Lancer's Book, New Delhi) 1993.

Objective

The course has set the following objectives: (1) to make students understand various
approaches to the study of international law; (2) to help students to understand the basic
principles of international law from di"erent perspectives, and; (3) to train them to become
international/transnational lawyers.

 Faculty : Govindraj Hegde, Harisankar, Ashna

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 General

Announcements

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 Guidelines to Students
O#ce Hours will be scheduled in due course of time

 Module 1: Introduction to International Law

This Module‘ will focus on the evolution, transformation, function and relevance of the discipline of international law in the
international community.

Week 1:

Session 1- (2 hours)

R. P. Anand, ―Development of Modern International Law and India‖ (Indian Society of International Law, New Delhi, 2006),
pp. 1-3 and pp. 62-74. - Click here to view

Session 2- (2 hours)

Martti Koskenniemi, ―Histories of International Law: Dealing with Eurocentrism‖ (Special Lecture, Universiteit Utrecht, 16
November, 2011, pp. 1-33. - Click here to access

Session 3- (2 hours)

Legality of The Threat or Use of Nuclear Weapons Case I.C.J Reports (1996) pp. 478-482); - Click here to access
B S Chimni ‗International Law And World Order: A Critique Of Contemporary Approaches‘, Cambridge University Press, 2017
p.10-30. - Click here to view

 Module 2: Making of International Law

Module 2 addresses the subject of sources of international law.

Week 2

Session 4- (2 hours)

Article 38(1) of the Statute of the International Court of Justice;

Peter Malanczuk, ―Akehurst‟s Modern Introduction to International Law‖ (Rutledge, 7th Revised edition, 2002), Ch. 3.
Sources of international law, pp. 36-61. - Click here to view

Session 5- (2 hours)

Richard Falk, On the Quasi- Legislative Competence of the General Assembly; AJIL Vol 60, 1966, p. 782-91; - Click here to
view
B. S. Chimni, Customary International Law: A Third World Perspective [article] American Journal of International Law. Vol.
112, Issue 1 (January 2018), pp. 1-46. - Click here to view

Session 6- (2 hours)

The Lotus case (France v. Turkey) PCIJ, Series A, No. 10 1927); - Click here to access
Asylum Case (Columbia v. Peru), ICJ Rep. 1950, p.226; - Click here to access
The North-Sea Continental Shelf Cases, ICJ Rep. 1969, p.3; - Click here to access
Anglo-Norwegian Fisheries Case, ICJ Rep. 1957, p. 9; - Click here to access
The Nicaragua Case, ICJ Rep. 1986 p. 14 - Click here to access

 Module 3: Implementation of International Law

This module is concerned with the theoretical assumptions and practical implications of the question how international law
norms are implemented at the domestic level.

Week 3

Session 7- (2 hours)

Peter Malanczuk, ―Akehurst‟s Modern Introduction to International Law‖ (Rutledge, 7th Revised edition, 2002), Ch. 4.
International Law and Municipal Law, pp. 64-74. - Click here to view

Session 8-(2 hours)

Articles 51, 73, 246, 253 and Item 14 of the Union List under the Indian Constitution;

V. S. Mani, ―E"ectuation of International Law in the Municipal Legal Order: The Law and Practice
in India‖, Asian Yearbook of International Law, vol. 5, 1995, pp. 145-74; - Click here to view
V G Hegde, ―Indian Courts and International Law‖, Leiden Journal of International Law, vol.23 ,
Issue 1 , March 2010, pp. 53 – 77 - Click here to view

Session 9- (2 hours)

Brazilian Loans Case, PCIJ Rep. Series A, No. 21, 1929; - Click here to access
Trendtex Trading Corporation v. Central Bank of Nigeria [(1977) 2 W L R, 356]; - Click here to view
Gramophone Company of India Ltd vs Birendra Bahadur Pandey & Ors, 1984 AIR 667, - Click here
to view
M. V Elizabeth Case (AIR 1993 SC 1014); - Click here to view
M/s Entertainment Network (India) Ltd.vs M/s Super Cassette Industries Ltd. (2008)13 SCC 30, - Click here to view
Union of India vs. Agricas LLP, [2020]14 SCR 372.- Click here to view

 Module 4: Concepts of Legal Personality, Jurisdiction and Immunities

The present ̳Module‘ is concerned with the discussion on entities that are regarded as subjects of international law.

Week 4

Session 10-(2 hours)

The Reparations Case, ICJ Rep. 1949, p. 174; - Click here to view
Jurisdiction of the Courts of Danzig (Pecuniary Claims of Danzig Railway O#cials who have Passed into the Polish Service,
against the Polish Railways Administration), Advisory Opinion, (1928) PCIJ Series B No 15; Charters of IMT and IMTFE -
Click here to access

Session 11-(2 hours)

Mani, V. S., ―Unilateral Impositions of Sanctions through Extra Territorial Application of Domestic Laws: A Tale of Two US
 Statutes‖, IJIL Vo. 38, 1998 pp. 1-27; - Click here to view
UN Convention on Jurisdictional Immunities of States and Their Property, 2004; - Click here to access
Vienna Convention on Diplomatic Relations 1961; - Click here to access
Vienna Convention on Consular Relations, 1963; -Click here to access
The Lotus Case; Click here to access
I Congreso Del Partido Case [1983] 1 All E R p. 658; Click here to view
Germany v. Italy Case, ICJ Rep. 1990, p. 117; Click here to access
US Diplomatic and Consular Case, ICJ Rep.1980, p. 3; Click here to access
Attorney-General of the Government of Israel v. Eichmann, (1961) 36 ILR p. 5; Click here to access
The Arrest Warrant Case, ICJ Rep.2002, p.3. Click here to view

Session 12-(2 hours)

Kulbhushan Jadhav Case (India v. Pakistan) (ICJ, 2019); - Click here to view
Enrica Lexie Case (Italy v. India), PCA 2015. - Click here to view

 Module 5: Law of Treaties

Treaties are the most important means by which states undertake international obligations. This module deals with the VCLT,
1969.

Week 5

Session 13-(2 hours)

Vienna Convention on Law of Treaties, 1969; - Click here to view

Peter Malanczuk, ―Akehurst‟s Modern Introduction to International Law‖, pp. 131- 146. - Click here to view

Session 14-(2 hours)

International Guide to Practice on Reservations to Treaties, 2011; - Click here to access

Reservations to the Genocide Convention case, ICJ Rep. p. (1951) - Click here to access

Session 15-(2 hours)

Ambatielos (Jurisdiction) Case, ICJ Rep. 1956, p. 23; - Click here to access
Qatar v. Bahrain Case, ICJ Rep. 1994, p. 112. - Click here to access

 Module 6: Law of the Sea

The module discusses the rights and duties of states under UNCLOS III, 1982.

Week 6

Session 16-(2 hours)

Articles 2-5, 7, 17-21 of UNCLOS) III, 1982.

Session 17-(2 hours)

Articles 34, 38-39, 55-59, 61-62, 73—74, 76-78 & 83 of UNCLOS III, 1982;
Anglo-Norwegian Fisheries Case, ICJ Rep. 1951, p. 116; - Click here to view
The Continental Shelf Cases, ICJ Rep. 1969, p. .3; - Click here to access
Case Concerning the Continental Shelf (Tunisia v. Libya), ICJ Rep. 1982, p. 18. - Click here to view

Session 18-(2 hours)

Articles 87-91, 94, 97, 101 & 111 of UNCLOS III, 1982;
Enrica Lexi Case, PCA 2015. - Click here to view
 Module 7: Treatment of Aliens

The subject of treatment of nationals of other states has always been controversial because of the di"erent approaches which
states have adopted in connection with expropriation of alien‘s property.

Week 7

Session 19-(2 hours)

UN GA Res. 1803 on PSNR, 1962;

The Charter of Economic Rights and Duties of States, 1974; - Click here to access
Amoco International Finance Corporation v. Iran (1987); - Click here to view
Texaco v. Libya , 1978 ILM., vol. 17. p. 1; - Click here
Aminoil Case, 1982 ILM, vol. 21, p. 976. - Click here to access

Session 20-(2 hours)

ILC Draft Articles on Diplomatic Protection, 2006; - Click here to access

Mavrommatis Palestine Concessions Case (Jurisdiction), PCIJ 1924; - Click here to access
Neer Claim (1926); Nottebohm Case, ICJ Rep.1955, p. 4. - Click here to access

Session 21-(2 hours)

Barcelona Traction, Light and Power Co., Case, ICJ Rep. 1970, p. 3; - Click here to access
Diallo Case (Guinea v. Democratic Republic of the Congo, ICJ (Preliminary Objections, 2007). - Click here to access

 Module 8: State Responsibility

The module discusses the concept of state responsibility which is as old as the subject of modern international law and is one of
the thrust areas of international law.

Week 8

Session 22-(2 hours)

ILC Draft Articles on State Responsibility for Internationally Wrongful Acts, 2001;- Click here to access
Chorzow Factory (Indemnity) (Merits) Case (PCIJ Series A, No. 17. 1928). - Click here to access

Session 23-(2 hours)

Corfu Channel Case, ICJ Rep. 1949, p.4); - Click here to access
Nicaragua Case (Merits), ICJ Rep. 1986, p. 14.- Click here to access

Session 24-(2 hours)

Guiding Principles on Shared Responsibility in International Law, 2020;

B. S., Chimni, ―The Articles on State Responsibility and the Guiding Principles of Shared Responsibility: A TWAIL
Perspective‖, 31 EJIL, p.1211, 2020. - Click here to access

 Module 9: The UN Charter, Use of Force, and Self-Defence

The United Nations is the principal international organization and has, among others, the primary responsibility of
maintaining international peace and security.

Week 9

Session 25-(2 hours)

 The Pact of Paris, 1928;
Articles 1-5 & 10-14 of the UN Charter;
The Nicaragua Case, ICJ 1984, p. 14. - Click here to access

Session 26-(2 hours)

Articles 23-24, 39-44 & Articles 51-53;

The Caroline Case (1837, 1841); - Click here to access
Oil-Platforms Case (Merits), (ICJ Rep. 2003, p. 161; - Click here to access
The Armed Activities Case, ICJ Rep. 2005, p. 168; - Click here to view
The Invasion of Kuwait (1990). - Click here to view

Session 27-(2 hours)

The Kosovo Incident (1999);

Nuclear Weapons Case, ICJ Rep. 1996, p. 226. - Click here to access

 Module 10: Settlement of International Disputes: ICJ

The principle ‗states shall settle their disputes by peaceful means and not by resort to force‘ is one of the basic principles of
international law.

Week 10

Session 28-(2 hours)

Article 33 UN Charter;
Articles 2, 3, 36, 38,41and 65 of the Statute of the ICJ;
The East Timor case, ICJ Rep. 1995 - Click here to access

Session 29-(2 hours)

V. G., Hegde, ―India and International Settlement of Disputes‖, IJIL, vol. 56, 2016, p. 1, at pp. 23-32; - Click here to view
The Nicaragua Case, ICJ Rep. 1984; -Click here to access
Corfu Channel case, ICJ Rep. 1947. - Click here to access

Session 30-(2 hours)

Status of Eastern Carelia, PCIJ (1923); - Click here to access

Legal Consequences of the Construction of a Wall Case, ICJ, 2004, p. 136. - Click here to access

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