KIIT LAW SCHOOL

KIIT University, Bhubaneswar-751024

COURSE: B.A.LL.B, B.B.A.LLB & B.Sc.LL.B (SEMESTER V)

(Subject: International Law)

Paper: Public International Law [LW3013]

COURSE DESIGNED BY
Mr. Anirudha Choudhury
Assistant Professor, KIIT Law School,
Mr. Kumarjeeb Pegu,
Assistant Professor, KIIT Law School
&
Mrs. Madhuri Meelee
Assistant Professor, KIIT Law School

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 MECHANICAL DATA

1. Course: B.A. LL.B., B.Sc. LL.B. & B.B.A. LL.B. (Semester V)

2. Subject: International Law
3. Nature of the subject: Compulsory
4. Paper: Public International Law
5. Paper Code: LW-3013
6. Subject Overview: The course covers the major areas of general international law and is
not over-specialised. It will cover the traditional major topics in this field such as the sources
and subjects of international law, the jurisdiction of states, international law and the use of
force, and the relationship between international law and the internal law of states. It will also
address newer themes in international law such as the international law of human rights and
international criminal law. The course will review and discuss a number of international law
cases decided by national and international tribunals, as well as certain treaties, resolutions
and other international legal instruments of importance. The primary focus of this course is
upon public international law, which is traditionally considered to encompass the binding
normative rules and principles dealing with the conduct of states and of international
organizations and with their relations inter se.
7. Name of the Principal teacher: Mrs. Madhuri Meelee
8. Name of the supporting teacher: Mr. Anirudha Choudhury & Mr. Kumarjeeb Pegu.
9. Room No:

OBJECT:

This course is intended to introduce students to the basic concepts and problems of public
international law, international legal system and of the international legal order. The subject
has very considerable practical significance, particularly for persons who consider entering
the service of international organizations, NGOs, foreign ministries of their countries, or
specialized private practice (particularly in the areas of commercial law and of human rights).

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OBJECTIVE:

 The course will familiarize to the students the traditional major topics in this field
such as the sources and subjects of international law, the jurisdiction of states,
international law and the use of force, and the relationship between international law
and the domestic law of states.
 The course will also address newer themes in international law such as the
international law of human rights, international institutions, intervention and
international criminal law.

TEACHING LEARNING METHODOLOGY

Case studies and case analysis is one of the methods of discovering law in books to support
the law in action. Similarly problem oriented studies is ideal for generating interest among
the students. So teaching will be by lecture method supplemented by class room discussions,
tutorials and problem solving. The lectures will give the students an overall view of the topic.
The tutorial will provide an opportunity for discussion. All doubts regarding the subject
could be raised in the class. The teacher will clear the doubts then and there. If the question
cannot be answered at that point of time, it will be dealt with later on as decided by the
teacher.

The teacher will be available in the campus throughout the working hours. The teacher can
be approached for clarification of any doubt regarding the subject even after the class hours.
The lecture will be mainly on the topics mentioned in the course outline. Students are
expected to attend the lectures regularly and actively participate in the discussions. They are
expected to read the portions from the text books and come to the class. Necessary reading
materials will be provided to the students on the subject to the maximum possible extent. No
doubts should be left unclarified and the teacher should be consulted for that purpose.

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EVALUATION SYSTEM

The performance of the students will be assessed on the basis of 100 marks. The 100 mark is
divided into 50 marks for the Internal Assessment and 50 marks for the End Semester
Examination. The question for End Semester Examination will be of long answers, problems
and short notes.

S. No. Mode of Assessment Marks

1 Internal Assessment 20 + 30 = 50
- Mid – Semester Examination (20
marks)
- 3 internal Assessments (30 marks)
2. End Semester 50
Total Marks 100

DISPUTE RESOLUTION

Once the valuation is completed the marks will be shown to the students and also publish on
the notice board. Any student who is not satisfied with the marks can approach the subject
teacher.

ANNEXURE I:

DETAILED SYLLABUS

The syllabus of this course is divided into eight modules.

Module 1: Theory, purpose, and making of international law

1.1 Theories of international law

1.2 What is international law?

1.3 Sources of International Law

- Article 38(1) ICJ Statute

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Module 2: The relationship between international and national law

2.1 Different conceptions of the relationship between international and national law
-Dualism

-Monism
- An alternative approach
2.2 National law in international law
-International law is supreme in its domain
- The application of national law within international law
- Use of national law by international tribunals to resolve disputes
-Use of national law to resolve a state’s position on a question of international law
2.3 International law in national law
2.4 Different approaches to the implementation of international law in national law
-Transformation

- Incorporation

Module 3: Recognition & State Responsibility

3.1 Recognition
-Political recognition of statehood
-Declaratory and constitutive theories of recognition
-De facto and de jure recognition
-Current recognition practice
3.2. Nature of State Responsibility

Module 4: State Jurisdiction

4.1. Introduction
4.2. Territorial jurisdiction
4.3. Extra-territorial jurisdiction
4.4. Universal jurisdiction
4.5. Quasi-universal jurisdiction
4.6. Immunity
-Diplomatic immunity
-State immunity

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Module 5: Law of International Transaction
5.1 Introduction
5.2 Definition and Conclusion of Treaties
5.3 Reservations
5.4 Observance of Treaties
5.5 Invalidity, Termination, and Suspension of Treaties

Module 6: Prohibition of Force and Non-Intervention

6.1. The scheme under UN Charter

6.2. Categories of Force
 Retorsion
 Reprisals
 The right of Self-Defense
 The protection of nationals abroad
 Collective Self-Defense
6.3. Intervention

Module 7: Law of the Sea

7.1. The territorial sea
7.2. The exclusive economic zone
7.3. The continental shelf
7.4. Jurisdiction on the high seas

Module 8: Individual criminal responsibility in International law

8.1. International Humanitarian Law
-international armed conflict
-non-international armed conflict
8.2. International Criminal Court & Tribunals
-International Criminal Tribunal for Yugoslavia
- International Criminal Tribunal for Rwanda
- The International Criminal Court

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 ANNEXURE II:

READINGS
Akehurst, Michel, Modern introduction to International Law, 5th ed (George Allen and
Unwin, London, 1984).
Brierly, J. L., Law of Nations: An Introduction to the Law of Peace, 6th ed (Oxford
University Press, London, 1998).
Harris, D. J., Cases and Materials on International Law, 6th ed (Thomson and Sweet and
Maxwell, London, 2004).
Shaw, M. N., International Law (Cambridge University Press, New York, 2005).
Starke, J. G., Introduction to International Law,( 10th ed Butterworth’s, London, 1992).
Parlett Kate., The Individual in the International Legal System: Continuity and Change in
International Law, (Cambridge University Press, UK, 2011)
Leonard Weinberg, Global Terrorism: A Beginner's Guide, (one world publications, 2005)
Gus Martin, Understanding Terrorism challenges, Perspective and Issues (Sage Publications,
2006)
Bruce Hoffman, Inside Terrorism (Colombia University press, 1954)

Journals and Reports:

There are several journals of good repute which can be referred. The following are the most
important sources which are recommended.
 American journal of International Law;
 International Legal Materials;
 International Law Reports

Websites
 www.un.org
 www.ohchr.org
 www.refworld.org
 Lexis Nexis

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 Westlaw
 JSTOR
 HEINONLINE