PUBLIC INTERNATIONAL LAW

Objectives:
Public International Law traditionally deals with the laws that affect the political relations
among nations. The basic unit in the international system is the state which acts similar
to the way an individual acts under national law. International law derives its nature from
its constituent parts – individual states. Hence, this course analyzes the idea of state
sovereignty and the traditional view of the international legal order as a Westphalian
system of independent and sovereign states, the major subjects of international law –
states and international organizations – and how these subjects are
constituted.Furthermore, it discusses the actions of states, providing the groundwork for
the sources of international law, and the major sources of international law in detail with
an emphasis on the two most important sources, international customary law and treaty
law. It also explores the basic rules in national and international contexts. The course
includes the study of general principles of international law including law of peace. Third
world concerns in respect of security and development and the role of U.N. and
International Agencies in structuring solutions in the context of changing balance of
power are also to be appreciated.
Unit-I
 Definition, Nature, and Basis and Development of International Law, its
relationship with municipal law
 Sources of International Law
• International Conventions and treaty
• International Custom
• General Principles of Law Recognized by Civilized States
• Decisions of Judicial Tribunals
• Juristic works
• Decisions or Determinations of Organs of United Nations
• Other sources
 Subjects of International Law
• States
• Individuals
• Non State Entities
Unit-II
 State
• Definition of State
• State Jurisdiction
 Recognition
 Recognition of states, governments, insurgency and belligerency
 State sovereignty
 Theories
  Modes of recognition
 Legal effects
 Acquisition and loss of territory
• Occupation
• Prescription
• Accretion
• Cession
• Annexation
Unit-III
 Law of Sea
• Territorial Sea
• Contiguous Zone
• Continental Shelf
• Exclusive Economic Zone
 Law of Air and Outer Space
• Air Craft Hijacking under Air Law
• Development of Outer Space Law
 Asylum
 Extradition
Unit-4
 Peaceful settlement of International Disputes
• Negotiations
• Mediation
• Conciliation
• Good Offices
• Arbitration
• Judicial Settlements of Dispute under ICJ
 Modes of Short of War for settlement of International Disputes
• Retortion
• Reprisals
• Intervention
• Embargo
• Pacific Blockade
 War and its Effects

Suggested Readings:
J.G Starke : Introduction to International Law
H. Oppenheim : International Law
J.L. Brierly : Law of Nations
Black Stone : International Law Documents
Dr. S.K. Kapoor : An Introduction to International Law
M.P. Tandon : International Law
Malcom Shaw : International Law
D.J. Harris : Case and Material on International Law
H.O Aggarwal : International Law
 COMPARATIVE CONSTITUTION

This course is designed to examine from a comparative perspective –legal structure and
concepts that are found in Constitutions across the world, percepts such as basic rights,
rule of law, systems of governance, judicial review, to name a few. Comparative
Constitutional Law course is intended to make students familiar with the constitutional
systems of a few countries, in particular the constitution of United States of America and
few other emerging constitutions along with the Indian Constitution. Students will be
benefited from deeper understanding of the doctrines and values underlying the
provisions and principles from various constitutional systems.
Unit-1
 Constitution of State- Introductory
 United kingdom ; general features
 Constitutional conventions
 The crown, parliament, cabinet system
 The rule of law, The party system.
Unit-2
 U.S.A., General features
 Federation, President, Congress
 Federal Judiciary
 Methods of Amendment
 Party system
Unit - 3
 Form and Structure of Switzerland Govt.
 Constitution of Canada
 Constitution of Australia
Unit - 4
 Meaning of the constitution of the fifth republic
 The President and the government
 The national assembly and the senate
 The Judicial system and administrative law
 The party system.

Suggested Readings:
 Vicki C. Jackson and Mark V. Tushnet, Comparative
Constitutional Law, Foundation Press, pp 144-152.
 Donald Kommers, The Value of Comparative Constitutional Law,
9 J. Marshall J. Prac. & Pro. 685 (1976).
 Ernest A. Young, Foreign Law and the Denominator Problem
(2005) 119 Harv. L. Rev. 148.
 Roger P. Alford, In Search of a Theory for Constitutional
Comparativism (2005) 52 UCLA L. Rev. 639.
 Ran Hirschl, The Rise of Comparative Constitutional Law:
Thoughts on Substance and Methods, Indian Journal of
Constitutional Law, (2008).
 Sujit Choudhry, Globalisation in Search of Justification: Toward a
Theory of Comparative Constitutional Interpretation (1999) 74
Ind. L. J. 819.
 Ursula Bentele, Mining for gold: The Constitutional Court of
South Africa’s Experience with Comparative Constitutional Law,
available at http://papers.ssrn.com/sol3/papers.cfm?
abstract_id=1169642
 Jeremy Waldron, Rule of Law and Concept of Law, available at
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1273005.

 V.D.Mahajan
 Prabhu dutt sharma
 A.C.Kapoor
 GATT & W.T.O
This course has been design to provide detail knowledge of working of WTO
AND GATT. After study of this course students would be able to know the various
international trade regulations which are internationally recognized. As present age is an
age of cut throat economic competitions and various International trade disputes are
arising day by day, after knowing the basics of international trade norms one can handle
the international trade problems easily. General agreement on trade and tariff is an
agreement which regulates the international trade transactions on a certain terms and
conditions. After study this course student will be well conversant with the GATT AND
WTO workings.

UNIT-I- INTRODUCTION TO WORLD TRADE LAW

 Meaning of international trade

 Globalization
 Free trade vs. Protectionism
 World Trade law in Domestic and International prerspectives.
 Introduction of GATT and its origin
 Negotiation Rounds of GATT
 The WTO as an institution: Objectives, scope and functions.
UNIT-II- DEVELOPING COUNTRIES IN THE MULTILATERAL TRADING  
     SYSTEM
 Intorduction
 Classification of WTO Members as “Developing” and “Least Developed”
 The role of developing countries in the WTO
 Need for WTO in developing countries
 Disputes Involving Development Issues
India – Quantitative restrictions dispute: GATT Article XVIII
UNIT-III- THE SETTLEMENT OF DISPUTES IN GATT/WTO
 Dispute Settlement in the GATT & WTO
 Basic overview of the DSU process-consultations, panels, Appellate Review,
Implementation, compliance review etc
  Alternatives to Dispute Settlement: Mediation and Arbitration
 Statistics on WTO Dispute Settlement.
 Important Procedural and Systematic Issues: The Complaint, Participation by
WTO Members and Other Interested Group. Panel and Appellate Body Decision
Making, Multilateralism vs Unilateralism
UNIT-IV- TRADITIONAL GATT OBLIGATIONS
 Border Measures: Tariffs and Quotas
 Tariffs : GATT/WTO Tariff Negotiations, GATT rules on Bound Tariffs &
domestic Tariff Administration
 Quotas: Tariff Quotas
 Export Quotas and Export Tariffs
 GATT Exceptions : Bilateral/Regional Trade Agreements(Article XXIV)
 Dumping and Anti-dumping Measures
UNIT-V- TRIMs & TRIPS, Trims
 Introduction: Trade and Investments, International Investment Regulations.
 Uruguay Round Negotiations: The TRIMs Agreement
 Dispute settlement
 International Investment Regulation Outside the WTO context.
 Investment and the Doha Round.
TRIPS
 Introduction and Historical Treatment of Intellectual Property
 General Provisions and Principles.
 TRIPS guidelines for IPRs
SELECTED BIBLIOGRAPHY
 M. L. Jhingan, International trade . an introduction
 Lester, Simon - Bryan: World trade law
 Simon Schnitzer : Understanding International Trade Law
 Mishra and Puri : international trade
 WHITE COLLAR CRIME AND CRIMINAL SOCIOLOGY
Objective: This course deals with a special category of offences known as “White collar
crimes” or socioeconomic offences. These offences have to be understood in terms of the
nature of development of Indian state and society. Their causes partly lie in the ways in
which economic and political development occurs. The costs of such offences are, often,
exorbitant and are borne most acutely by the most vulnerable segments of society.
Combating socio-economic offences is a vital part of achievement of justice in society.

Unit – 1: Introduction
Meaning and Nature of white collar crime, Difference between Crime in General
and White Collar Crime, Kinds of white Collar Crime, Growth of White Collar
Criminality, WCC in India
Unit- 2:
Concept of Criminal Sociology (Various Theories), Indian approach to Socio–
Economic-Political Offences, forms of privileged class deviances, official
deviances [Legislators, Judges, and bureaucrats] professional deviance, upper
class deviances, police deviance, gender based deviances, deviance by religious
leaders and organizations
Unit- 3:
Community, Police and Criminal deviance, Police and Politicians deviance,
Santhanam Committee Report, N.N. Vohra Commission Report; Second
Administrative Reform Commission, Lokpal and lokayukta.
Unit- 4:
Professional deviance-
Medical Profession-The Lentin commission report,
Legal Profession-option of disciplinary committee of B.C.I.
Business, Trade and Commerce etc.
Unit- 5:
Computer Related White Collar Crime
Educational Institution and White Collar Crime
Other contemporary Issues.

Suggested readings
 Upendra Baxi (ed.) Law & Poverty: Critical Essays (1988)
 Upendra Baxi, Liberty and Corruption Antulay case and Beyong (forthcoming 1989)
 P.R.Rajagopoal, Violence and Response: A critique of Indian Criminal Justice System
(1988)
 Law Commission of India, (i) One Hundred and Fifty Fourth report on Code of Criminal
Procedure
 1973, (1996); (ii) One Hundred and Fifty Fifth Report on then Indian Penal Code, 1860
 Humanitarian & Refugee Law
COURSE DESCRIPTION

The two world wars had enough of lessons to teach. But the present scenario shows that
the nations have not learnt any lesson: wars continue to be there. International
Humanitarian Law (IHL)-otherwise known as the law of war or the law of armed
conflict- is a body of rules which tries to make war more humane (though war itself is
inhuman) by protecting individuals who are not or are no longer participating in
hostilities. Human rights do have value only in peace time. War is the negation of all
human rights. Though the United Nations Charter does not permit war, it has shown the
wisdom to regulate the war if one occurs.
The total character of modern war and threat of annihilation due to use of nuclear
weapons have been responsible for a new concern for survival of humanity. To meet this
challenge the United Nations and other voluntary international agencies have been
actively involved in prescribing standards of treatment based upon dictates of humanity
and overseeing their implementation in difficult situations. The underlying purpose is to
ensure a human treatment of all individuals, a minimum standard of treatment which may
not be departed from even under the necessities of war or grave provocation. To this end,
it limits the methods and means of warfare. Its main purpose is to minimize and, if
possible, prevent human misery and suffering in times of war. The rules are to be
observed not only by governments and their armed forces, but also by armed forces and
any other parties to a conflict.
The four Geneva Conventions of 1949 and their two Additional Protocols of 1997
provide the principal instruments for International Humanitarian Law.

The course is intended to provide an introduction to the normative and institutional

frameworks of IHL. It also attempts to give a general overview of the status of individual
criminal responsibility under international law, the applicability of IHL to UN
peacekeeping/peace building/enforcement missions as well as the recent challenges
before IHL
The following syllabus prepared with this perspective will be spread over a period of one
semester.
COURSE OBJECTIVE
On completion of this course, students should be able to:
 Define IHL and explain its objectives as well as the differences between jus ad
bellum or jus contra bellum and jus in bello;
 Indicate the sources of IHL and discuss the relation between IHL and International
Human Rights Laws;
 Trace the antecedents of IHL;
 Make distinction between the different types of armed conflicts, and outline the
factors used to make the distinction;
 Identify protected persons and objects, as well as give a detail account of the
protection given to them;
 Explain the limitations on the means and methods of warfare;
 Discuss the obligations of State Parties to the four Geneva Conventions and their
three Additional Protocols, as well as the role of ICRC in the implementation of rules
of IHL;
 Explain the genesis and current status of individual criminal responsibility;
 Explain the applicability of IHL to UN Peacekeeping/peace enforcement Missions;
and
 Highlight the challenges to IHL as a result of the "war on terror".
Course out Line:
1. General Introduction
a. Purpose and meaning of Humanitarian law
b. International Humanitarian law, International Law and
Human Right Law
c. Historical Development of International Humanitarian law
2. Introduction
a. Defining IHL
b. Objectives of IHL
c. Difference between jus ad bellum or jus contra bellum and jus
in bello
d. Sources of IHL
e. Relation between IHL and International Human Rights Law
(IHRL)
f. Fundamental Principles of IHL
3. Types of Armed Conflicts
a. International and Internationalized Armed Conflicts
b. Non-international Armed Conflict
c. Internal violence
4. Protected Persons and Objects
a. Concept of Protected Persons and Objects
b. Distinction between Civilians and Combatants
c. Wounded, Sick and shipwrecked
d. Religious and Medical Personnel
e. Prisoners of War (POWs)
f. Civilian Population
 g. Spies, mercenaries and saboteurs
h. Military Objects, Civilian Objects and Protected objects
5. Means and Methods of Warfare
a. Prohibited methods of combat
b. Prohibited means of combat
6. Implementation of IHL
a. The Role of the State
b. Role of the ICRC
i. History and Mandate of ICRC
ii. Activities in armed conflicts and Peace time
c. Occupied territory
7. Individual Criminal Responsibility
a. Obligation of States to Prosecute grave breaches of IHL
b. International Crimes
c. International Criminal Tribunals
8. The UN Peacekeeping/peace enforcement Missions
9. Recent Challenges to IHL
10. Law related to Refugee and Illegal immigrants
Reference:

 L. Doswald-Beck, The Value of the 1977 Geneva Protocols for the Protection of
Civilians, in ARMED CONFLICT AND THE NEW LAW: ASPECTS OF THE 1977 GENEVA
PROTOCOLS AND THE 1981 WEAPONS CONVENTION (Michael A. Meyer ed.)
 Dietrich Schindler, The Laws of Armed Conflicts: A Collection of Convention,
Resolutions and Other Documents.
 Louise Doswald-Beck and Sylvian Vite, IHL and IHRL, IRRC NO 293 (1993).
 Hans-Joachim Heintze, The European Court of Human Rights and the
Implementation of Human Rights Standards During Armed Conflict.
 Theodore Meron, Protection of the Human Person under IHRL and IHL.
 GIAD Draper, The Development of IHL, in INTERNATIONAL DIMENSIONS OF
HUMANITARIAN LAW, (Geneva, 1998) pp 67-90.
 Jean Pictet, Development and Principles of IHL (1985).
 Rosemary Abi-Saab, Humanitarian Law and Non-International Armed Conflicts,
ICRC-Graduate Institute Training Seminar on IHL for University Teachers, Geneva
10-15 Aug. 1998.
 Dieter Fleck, Humanitarian Protection against Non-State Actors, available online at
http://edoc.mpil.de/fs/2003/eitel.cfm.
 Waldemar A. Solf, Development of the Protection of the Wounded, Sick and
Shipwrecked under the Protocols Additional to the 1949 Geneva Conventions.
 Theodore Meron, Prisioners of War, Civilians and Diplomats in the Gulf Crisis,
American Journal of International Law, Vol. 85 at 104.
 Gordon Risius & Micheal A. Meyer, The Protection of POWs against Insults and
Public Curiosity
 Habib Slim, Protection of the Red Cross and the Red Crescent Emblems and the
Repression of Misuse.
 Francois Bugnion, Towards a Comprehensive Solution to the Question of the
Emblem (2000).
 ICRC, Model Law Concerning the Use and Protection of the Emblem of the Red
Cross and the Red Crescent (1996).
 ICRC, Development in Relation to Certain Conventional Weapons and New
Weapons Technologies (Geneva, 1991).
 Louise Doswald-Beck & Gerald C. Caudery, The Development of New
Anti-Personnel Weapons.
 ICRC, The Roots of Behaviour in War: Understanding and Preventing
IHL Violations.
 Yves Sandoz, Implementing IHL, in International Dimensions of Humanitarian Law,
UNESCO).
 Improving Compliance with IHL, ICRC Expert Seminar (ICRC, 2003).
 ECOSOC, Human Rights Issues: Terrorism and Human Rights, Second Progress
report (July 17, 2002) (E/CN.4/Sub.2/2002/35).
 Federico Andreu-Guzman, Terrorism and Human Rights No.1 & 2: New Challenges
and Old Dangers (International Commission of Jurists, March 2003).
 ICRC, IHL and the Challenges of Contemporary Armed conflicts (Geneva, 2003).
 Partial Awards of the Ethio-Eritrea Claims Commission.
 The web page of the International Committee of the Red Cross (WWW.ICRC.ORG)
contains a number of useful commentaries and short articles on IHL.
 Commentaries on the four Geneva Conventions and their Additional Protocols.
 You are kindly advised to collect a copy of the four Geneva
Conventions and their Additional Protocols
 PROFESSIONAL ETHICS AND PROFESSIONAL ACCOUNTING SYSTEM

Objective: - Professions are noble. The movement of all professions hitherto has
been from chaos to organisation, organisation to consolidation, consolidation to
autonomy and Monopoly. Same is true for the law profession too. The prime reason for
conforming autonomy and monopoly by the society on the professionals is the fact that
they are a body of learned persons and the interest of society and individuals is safe in
their hands. The Bar council should set enviable standards of ethics and scrupulously
adhere to them also enforce them. The society has a right to expect the professionals with
such ideal behaviors. The course is designed to imbue students with these high values
forming two basis of the profession so that they can line up to these standards in their
professional life.
Note: This is a practical paper and during evaluation student must be evaluated on the
basis of their verbal and non-verbal skills i.e. the assessment should be made in two parts
consisting written examination and viva voce of cases & periodical problems. For the
purpose of case study and periodical problems, a student has to prepare case file
(Practical File) under the supervision of the course teacher. Professional Ethics and
Professional Accounting System shall carry 50 marks for written exam, 45 marks for
project & 5 marks for viva-voce

Unit-I
Legal profession, Responsibilities.
The equipment of the lawyer, professional conduct in general
Privileges of Lawyers,
Salient feature of Advocates Act, 1961. (Enrolment of an Advocate etc.)
Unit-II
Conduct of Lawyer: Duty to the court, Duty to the profession, Duty to the Opponent
Duty to the Client, Duty to the Self, Duty to the public and State. Punishment for
professional or other misconduct
Concept of Bar, Role of Lawyers in Bar Council/Bar association, Bar and Bench
Unit-III
Contempt of court Act, 1972. (Disciplinary Committee opinions (Minimum Fifty) from
different States are mandatory to be discussed)
Selected major judgments of the of the Supreme Court.
 D and an Advocate AIR 1956 SC 102
 PJ Ratnam VS D. Kani Karam, AIR 1964 SC 244
 N.B. Mirzan vs The disciplinary committee of the Bar council of Maharashtra
and another AIR 1972 SC 46
 Bar Council of Maharastraa vs M V Dabholkar etc. AIR 1976 SC 242
 V C Rangaduari vs. D Gopal and others AIR 1979 SC 201
 Chandra Chekher Soni VS Bar council of Rajasthan AIR 1983 SC 1012.
 In Re Viney Chandra Misra 1995 (Vol. I IBR 118)
 Supreme Court Bar Association Vs U.O.I. AIR 1998 SC 1895.
 Ex Capt, Harish Uppal VS U O I AIR 2003, SC 739.
 Other Supreme Court cases with relevant topics
Unit-IV
Accountancy for lawyers Need for Maintenance of accounts books of accounts
that need to be Maintained – Cash Book, Journal Ledger Elementary aspects of book
keeping meaning object, journal, double entry system, closing accounts.

Books
K.V. Krishnamurty Iyar - Advocacy
Dr. B. Malik - Art of Advocacy
B.R. Verma - Law of Contempt of Courts
Oswald - Contempt of Courts
S.P.Gupta/Kailash Rai - Professional Ethics, Accountancy for Lawyers and
Bench Bar Relations
B.S. Raman - Accountancy
Relevant Acts on the subjects