Prescribed Books:
1. Robert Jennings and Arthur Watts (eds.), Oppenheim’s International Law
[Vol. I – Peace] (9th ed., 1996)
2. I. Brownlie, Principles of Public International Law (7th ed., 2008)
3. I.A. Shearer, Starke’s International Law (2007)
4. D.J. Harris, Cases and Materials on International Law (6th ed., 2004)
5. Gurdip Singh, International Law (2003)
Topic I : Nature and Development of International Law
Definition of International Law; International Law as “Law”; Basis of International
Law - Jurisprudential Theories; Codification of International Law; Sanctions of
International Law; Subjects of International Law; Approach of Developing Countries
towards International Law
Topic II : Sources of International Law
1. Statute of the International Court of Justice, 1945, Article 38 – (a) International
Treaties and Conventions; (b) International Custom; (c) General Principles of Law
Recognized by Civilized Nations; (d) Judicial Decisions, Juristic Opinion; (e) Ex
aequo et bono
2. Other Sources of International Law: (a) Resolutions of General Assembly; (b)
Resolutions of Security Council
1. Lotus Case (France v. Turkey), PCIJ, Ser. A, No. 10 (1927)
2. North Sea Continental Shelf Cases, ICJ Rep. 1969, p. 3
3. Right of Passage over Indian Territory (Merits)
(Portugal v. India), ICJ Rep. 1960, p. 6
01
4. Asylum Case (Columbia v. Peru), ICJ Rep. 1950, p. 266 05
5. Libya v. Tunisia Continental Shelf Case, ICJ Rep. 1982, p. 17
6. Libyan Arab Jamahiriya v. Malta, ICJ Rep. 1985, p. 35
7. Advisory Opinion of ICJ on the Legality of the Threat or Use
of Nuclear Weapons, 35 International Legal Materials 809 (1996)
8. Advisory Opinion of ICJ on the Effect of Awards of
Compensation made by the United Nations Administrative
Tribunal , 1954 International Law Reports 310
08
9. Island of Palmas Case (Netherlands v. United States) (1928)
ii
Permanent Court of Arbitration, 2 R.I.A.A. 829
10. Temple of Preah Vihear Case (Merits)
(Cambodia v. Thailand), ICJ Reports 1962, p.6
16
11. Advisory Opinion of ICJ on Namibia, ICJ Rep. 1971, p. 16
12. Advisory Opinion of ICJ in Western Sahara Case, ICJ Rep.
1975, p. 12
Treaties
1. Charter of the United Nations
2. Statute of the International Court of Justice
Topic III : Relationship Between International Law and Municipal Law
1. Theories : (a) Monistic Theory (b) Dualistic Theory
2. Practice of States : India, United Kingdom, United States of America
13. In Re Berubari Union No. (I), AIR 1960 SC 845 :
(1960) 3 SCR 250
14. Ram Kishore Sen v. Union of India (1966) 1 SCR 430 :
AIR 1966 SC 644
15. Jolly George Varghese v. Bank of Cochin, AIR 1980 SC 470
(1980) 2 SCC 360
16. Gramophone Company of India Ltd. v. Birendra Bahadur
Pandey, AIR 1984 SC 667 : (1984) 2 SCC 534
17. Union of India v. Sukumar Sengupta, AIR 1990 SC 1692 :
1990 Supp. SCC 545
18. Vellore Citizens’ Welfare Forum v. Union of India
(1996) 5 SCC 647
19
19. Vishaka v. State of Rajasthan, AIR 1997 SC 3011 :
(1997) 6 SCC 241
23
20. CIT v. P.V.A.L. Kulandagan Chettiar (2004) 6 SCC 235 30
21. Committee of US Citizens Living in Nicaragua v. Reagan, US Court
of Appeals District of Columbia Circuit 1988, 859 Fed. Rptr. 2d 929
Topic IV : State Responsibility
1. Basis of International Responsibility
2. Constituent Elements of International Responsibility: Damage Theory; Fault
Theory; Absolute Liability and Risk Theory
3. The Act of State (Rules of Attribution)
4. International Crimes and Delicts
5. Forms of Reparation : (a) Restitution; (b) Indemnity; (c) Satisfaction; (d)
Guarantee against Repetition
6. Expropriation of Property of Aliens: Calvo clause; Position of Shareholders and
Nationality of Corporation; Nationality by Naturalisation; Rule of Exhaustion of
Local Remedies
7. ILC Draft Code on Responsibility of States for Internationally Wrongful
Acts, 2001 32
22. Nottebohm (Liechtenstein v. Guatemala) Case,
ICJ Rep. 1955, p. 4
42
23. Barcelona Traction, Light and Power Co. Ltd. Case,
ICJ Rep.1964, p. 6
44
24. Corfu Channel Case, ICJ Rep. 1949, p. 4
25. Nicaragua Case (Nicaragua v. USA) ICJ Rep.1986, p. 14 46
26. LaGrand Case (Germany v. United States of America)
ICJ Reports 2001, p. 466
27. Case concerning Avena and other Mexican Nationals (Mexico v.
United States of America) ICJ Reports 2004, p. 12
61
Topic V : Law of The Sea
1. Maritime Zones: Territorial Sea, Contiguous Zone, Continental Shelf, Exclusive
Economic Zone and the High Seas
2. Delimitation of Adjacent and Opposite Maritime Boundaries
3. Concept of “Common Heritage of Mankind” Relating to the Resources of
International Seabed Area
4. International Seabed Mining – Parallel System of Mining
5. Indian Maritime Interests, Policy and Law
6. International Tribunal for the Law of the Sea
28. Anglo-Norwegian Fisheries Case
(United Kingdom v. Norway), ICJ Rep. 1951, p. 116
77
29. North Sea Continental Shelf Cases, ICJ Rep. 1969, p. 3 83
30. Libya v. Tunisia Continental Shelf Case, ICJ Rep. 1982, p. 17 89
31. Libyan Arab Jamahiriya v. Malta, ICJ Rep. 1985, p. 35 94
32. Maritime Delimitation and Territorial Questions between Qatar and
Bahrain (Qatar v. Bahrain), ICJ Reports 2001, p. 40
97
Treaties and Statutes
1. Geneva Convention on Territorial Waters and Contiguous Zone, 1958
2. Geneva Convention on Continental Shelf, 1958
3. Geneva Convention on Conservation of Fishing Resources, 1958
4. Geneva Convention on High Seas, 1958
5. United Nations Convention on Law of the Sea, 1982 114
6. Agreement relating to the Implementation of Part XI of the United Nations
Convention of 1994 on the Law of the Sea of 10 December 1982 127
7. The Territorial Waters, Continental Shelf, Exclusive Economic Zone and other
Maritime Zones Act, 1976 131
Topic VI : Human Rights
1. Human Rights: Concept, Basis and Evolution
2. Traditional Human Rights: Civil and Political Rights: Economic, Social and
Cultural Rights
3. Third Generation Human Rights (Solidarity Rights)
4. Implementation of Human Rights at International Level
5. Human Rights Council
6. European Convention on Human Rights
7. The Protection of Human Rights Act, 1993
33.
34. Vishaka v. State of Rajasthan, AIR 1997 SC 3011
Chairman, Rly. Board v. Chandrima Das (2000) 2 SCC 465
137
Treaties and Statutes
1. Universal Declaration on Human Rights, 1948
2. International Covenant on Civil and Political Rights, 1966
3. International Covenant on Economic, Social and Cultural Rights, 1966
4. Optional Protocol of International Covenant of Civil and Political Rights, 1966
5. European Convention on Human Rights, 1950, Protocol 9 of 1990 and Protocol
11 of 1994
6. The Protection of Human Rights Act, 1993 (India)
IMPORTANT NOTE:
1. The students are advised to read only the books prescribed above along with
legislations and cases.
2. The topics and cases given above are not exhaustive. The teachers teaching the course
shall be at liberty to add new topics/cases.
3. The students are required to study the legislations as amended up-to-date and consult
the latest editions of books.
4. The Question Paper shall include one compulsory question consisting of five parts out
of which four parts will be required to be attempted. The question papers set for the academic years 2007-08 and 2008-09 are printed below for guidance.
LL.B. II Term Examinations, April-May, 2008
Note: Answer five questions including Question No. 1 which is compulsory.
All questions carry equal marks.
1. Attempt briefly any four of the following:-
(a) Status of individuals in International Law.
(b) ‘General Principles of Law Recognized by Civilized Nations’
(c) Resolutions of the United Nations’ General Assembly.
(d) Treaties as a source of law
(e) Legal regime of International Seabed Mining
2. “It is contrary both to the contemporary juristic thought and the state of present day
International Law, with its increasing corpus of substantive rules on matters of common
concern to the International community, to deny its legal character.” Discuss.
3. Discuss the constituent elements of a customary rule of International Law with reference
to judicial decisions.
4. Compare and contrast the state practice of Britain and India with respect to incorporation
of International Law (both treaty and customary law) into the law of their land. In case of
a conflict between a rule of International Law and municipal law, which law would the
municipal courts of these countries apply?
5. (a) What are the characteristics essential for the formation of ‘state responsibility’?
(b) What is the scope of the rule pertaining to the exhaustion of local remedies?
6. Discuss the scope of “passage” of foreign ships (including war ships) through the
territorial waters (including straits) of a nation.
7. Define “continental shelf” and analyse, with the help of cases, the principles and
considerations to be taken into account for delimitation of a common continental shelf
between opposite and adjacent coastal states.
8. International cooperation and the U.N.’s activity in the field of human rights has resulted
in recommendations, covenants and conventions incorporating the principles and norms
of human rights.
Discuss briefly and appraise the mechanism(s) provided for in the 1966 Covenants
and the optional protocol for the protection of human rights.
LL.B. II Term (Supplementary) Examinations, Aug.-Sept. 2008
Note: Answer five questions including Question No. 1 which is compulsory.
All questions carry equal marks.
1. Attempt briefly any four of the following:
(a) What is the meaning of “opino juris sive necessitates”?
(b) What do you understand by “ex aequo et bono” Spell out its significance in sources
of international law.
(c) Is legislation required in India to implement a treaty between India and Pakistan
involving cession of Indian territory in favour of Pakistan?
(d) What do you understand by “Common heritage of mankind” in relation to the
resources of International Seabed Area?
(e) What are Third Generation Human Rights (Solidarity Rights)?
2. “International law is not law since there is no international legislature to make it, no
international executive to enforce it and no effective international judiciary to develop it or
resolve disputes about it.”
Do you agree? Evaluate critically.
3. (a) Do individuals have international personality in view of the expanding procedural
capacity of the individuals to enforce their claims in international law.
(b) Do resolutions of U.N. General Assembly constitute an independent source of
international law? Discuss in the light of decided cases.
4. What are general principles of law recognized by civilized nations? The Secretary General of the United Nations discharged certain employees of the Secretariat of United Nationals from service. On complaints, the United Nations Administrative Tribunal made awards in their favour. Discuss whether U.N. General Assembly is bound to comply with the awards of the Tribunal. Discuss in the light of the advisory opinion of International Court of Justice.
5. Do you agree with Blackstone’s theory that international custom is deemed automatically to be part of English Law? What is the legal status of Blackstone’s theory in India? Does it apply in Indian courts with modifications? Discuss with reference to relevant constitutional
provisions and decided cases.
6. “State responsibility arises not only in connection with the treatment of aliens but also as
result of unlawful acts of a state which cause damage to another state.”
Discuss and spell out clearly the constituent elements of state responsibility.
7. What is Straight Baseline system for measuring territorial waters? Discuss with reference to Anglo-Norwegian Fisheries case decided by the International Court of Justice. Can India
follow this system for measuring its territorial waters?
8. Can an individual file a petition in the Human Rights Committee for violation of his rights by the state of his nationality? What are the measures to implement Human Rights contained in the International Covenant on Civil and Political Rights, 1966 and its optional protocol as
well as international covenant on Economic, Social and Cultural Rights 1966? Discuss.
LL.B. II Term Examinations, May-June 2009
Note: Attempt five questions including Question No. 1 which is compulsory.
All questions carry equal marks.
1. Attempt briefly any four of the following:
(a) Consent as the basis of International Law. Discuss.
(b) Reservation in a Treaty.
(c) Contribution of International Law Commission to the codification of International
Law.
(d) Human Rights as an integral part of contemporary International Law.
(e) Territorial waters and Land Locked States.
2. (a) Critically analyse the view that “International Law is not a true law”, in the light of
the state of present day International Law.
(b) Discuss briefly the status of individuals in International Law.
3. ‘Before a usage may be considered as amounting to a customary rule of International
Law, the material and psychological element involved in the formation of a customary
rule must be established.
Discuss the reference to relevant cases.
4. Prepare a comprehensive note on ‘General Principles of law recognized by Civilized
Nations including its importance as a source of International Law.
5. Critically examine the state practices of Indian and U.S.A. with regard to the enforcement
of customary International Law and convention within their municipal legal system. Do
they follow the Blackstonian principle of incorporation of International Law in municipal
law as followed in U.K.? Discuss.
6. (a) Discuss the constituent elements of ‘State Responsibility’.
(b) Critically examine the principles in relation to expropriation of foreign property
situated within a state.
7. (a) “Although there can be a continental shelf where there is a no exclusive economic
zone there cannot be an exclusive economic zone, without a corresponding
continental shelf.” Critically examine this statement.
(b) ‘Delimitation of the continental shelf.’ Discuss briefly.
8. Prepare notes on:
(a) Definition and evolution of the concept of Human Rights.
(b) Reporting as an implementation technique in the International covenants on
Human Rights.
LL.B. II Term (Supplementary) Examinations, July-August 2009
Note: Attempt five questions including Question No. 1 which is compulsory.
All questions carry equal marks.
1. Attempt briefly any four of the following:
(a) Salient features of Groatian School as to the basis of International Law.
(b) Decisions of International Court of Justice as a source of international law.
(c) What do you understand by “Rule of exhaustion of Local Remedies”?
(d) Sea piracy on the High Seas under United Nations Convention on Law of the Sea,
1982.
(e) Functions of Human Rights Council.
2. How has the definition of international law given by Oppenheim in the year of 1905
changed in 1992? Critically analyse.
3. Explain the ingredients of international custom as the course of international law.
Two States ‘A’ and ‘B’ submitted their dispute on a subject matter ‘X’ before
International Court of Justice (I.C.J.). There is no treaty on X between A and B. A
contends that there has been a customary practice between A and B on the subject matter
X. B contends that bilateral customary practice cannot be regarded as a source of
international law. Can the IC.J. recognize such bilateral customary practice as a source of
international law? Decide.
4. “India’s practice on implementation of treaties resembles, to a great extent, with that of
United Kingdom and the United State of America.”
Comment explaining the similarities and points of differences on the basis of decided
matters by the Supreme Court of India.
5. In what ways a state can discharge responsibility for the breach of an international
obligation by causing injury to another state? Discuss them on the basis of judicial
decisions.
6. (i) Explain the importance of the resolutions adopted by General Assembly of the United
Nations as a source of International Law.
(ii) Discuss the essential requirements to be qualified for becoming “Pioneer Investor”.
7. What are the rights and duties of a coastal state in the continental shelf as recognized by
United Nations Convention on Law of the Sea, 1982? Explain the difference between
continental shelf, continental slope and continental rise and then determine the limits of
continental shelf.
8. What have been the changes in the European Convention on Human Rights and
Fundamental Freedoms, 1950 with respect to protection of human rights of individuals in
the last twenty years? Explain. Do you agree that the mechanism provided under this
Convention to protect human right are more effective than those in international human
rights instruments?
* * * * *
ix
LL.B. II Term
Public International Law - I
(Law of Peace)
Cases and Materials Selected & Edited by
Gurdip Singh
Veena Bakshi V.K. Ahuja
Pinki Sharma Anupam Jha
Gunjan Gupta Lalit Mohan Gautam
FACULTY OF LAW
UNIVERSITY OF DELHI, DELHI-110007
January, 2010
