Title LB-703 PUBLIC INTERNATIONAL LAW.pdf ✅

HIMACHAL PRADESH NATIONAL LAW UNIVERSITY, SHIMLA (Established by Himachal Pradesh National Law University Act, 2016 (Act No. 16 of 2016) Course Outline & Teaching Plan PUBLIC INTERNATIONAL LAW (LB-703) B.A. LL.B/B.B.A. LL.B. (Hons.) Five Year Integrated Programme Semester VII; Session – 2024-2025 The Course Outline& Teaching Plan Designed by: Chandreshwari Minhas Nutan Kanwar Reading Material Edited and Compiled by: Chandreshwari Minhas Nutan Kanwar 16 Mile, Shimla-Mandi National Highway, Ghandal District: Shimla-171014, Himachal Pradesh (India) Ph.0177-2779803.Fax: 0177-2779802 Website: http://hpnlu.ac.in
Himachal Pradesh National Law University, Shimla Semester- VII Academic Session 2024-25 Paper Code: LB 703 Page 1 PUBLIC INTERNATIONAL LAW Course Outline: Public International Law is concerned with both the relations between States and with the relationship between individuals, international organisations and States. This module enables the learner to understand and evaluate Public International Law and its role, potential and limitations in International affairs. It enables learners to identify the sources of Public International Law and develop their ability to apply these appropriately to a range of actual and theoretical situations. The module examines the operation of international organisations such as the United Nations and their impact on the wider principles of International Law. Learners gain an understanding of the formation and formalisation of international treaties and an awareness of the principles of State sovereignty. The module addresses a number of current legal issues in the development of international law and Learners become familiarised with the treaties on which International Law is based, the rules of Customary International Law and knowledge of the institutions which apply International Law. Course Objectives: The primary objectives of this course are: 1. To understand the fundamental principles and sources of International law. 2. To analyse key international treaties, conventions, and legal instruments. 3. To explore the roles and functions of international organizations. 4. To examine the mechanisms for the resolution of international disputes. 5. To discuss contemporary issues and challenges in International Law. Learning Outcome: On the completion of the course, students will be able to: 1. Critically analyse and evaluate Public International law and the philosophical and political structures underpinning it 2. Able to apply advanced theoretical knowledge and in-depth critical thinking to suggest credible and creative solutions to various Public International legal problems 3. Understand and apply the sources of Public International Law. 4. Develop knowledge of how international law influences the development and adaptation of India’s domestic law through legislative, executive and judicial action.

Himachal Pradesh National Law University, Shimla Semester- VII Academic Session 2024-25 Paper Code: LB 703 Page 3 S.No. Sub- modules Number of Lectures Content Covered Module: 1 General Introduction 1.1 Meaning, Definitions, Nature and Legality of International Law 3 Definitions given by Oppenheim, Hackworth, Brierly, Hall, and Charles G. Fenwick will be discussed; The case of Queen v. Keyn Lord Coleridge, West Rand Central Gold Mining Ltd., Co. v. R, S.S. Lotus Case will be the part of discussion for the purpose of meaning and definitions of international law. 1.2 Theories as to the Basis of International Law 2 Natural Law Theory (Views of main exponents such as, Hugo Grotius, Francisco de Vitoria , Grotious shall be discussed); Positivist Theory ( Views of main exponents viz., John Austin, Hans Kelsen will be discussed); Eclectic Theory,; Some other theories and principles such as theory of consent, Auto-Limitation theory, Pacta Sunt Servanda and theory of Fundamental Rights will also be discussed. The application and limitation of each theory shall also be the part of discussion. 1.3 Developmen t of International Law 2 Under this the development of international law through various historic stages, namely ancient age, medieval age, early renaissance period, late renaissance period to modern period, twentieth century and beyond, role of developing countries in the development of international law and international law in the present context will be highlighted. Along with this, legality and binding nature of international law will also be the part of discussion. 1.4 Subjects of International 3 Meaning of subject of international law, theories viz., realist theory, fictional theory,