Public International Law Notes | B.B.A. LL.B. (Five Years) Semester 9 | SPPU | munotes

Contents

Module 01 Preliminary

1. What International Law Is, and Where It Came From 1
2. Defining International Law 11
3. Is International Law Really Law? 18
4. Holland's View: International Law as "the Vanishing Point of Jurisprudence", and Its Criticism 25
5. Theories of the Basis of International Law 29
6. Subjects of International Law 36
7. The State: Its Elements, Its Kinds, and Its Rights and Duties 43
8. The Sources of International Law 52
9. Custom 58
10. Treaties as a Source 66
11. General Principles of Law Recognised by Civilised Nations 73
12. Judicial Decisions and the Writings of Jurists 79
13. Equity 85
14. Resolutions of the General Assembly 91
15. What a Treaty Is, and Its Kinds 97
16. Making a Treaty: From Full Powers to Entry Into Force 103
17. Reservations to Treaties 112
18. Validity of Treaties, and Jus Cogens 120
19. Termination and Suspension of Treaties 129
20. International Law and Municipal Law 138
21. The Specific Adoption and Delegation Theories, and the Practice of the USA, the UK, China, Russia and India 144
22. International Law in Indian Courts 149

Module 02 Recognition of States

1. Recognition of States 155
2. Recognition of Governments 162
3. Modes and Legal Effects of Recognition 167
4. Is There a Legal Duty to Recognise a New State? 173

Module 03 State Responsibility

1. State Responsibility 176
2. Original and Vicarious Responsibility, the Theories of State Responsibility, and Its Fields 184
3. Circumstances Precluding Wrongfulness, and Reparation 189
4. Treatment of Aliens and Diplomatic Protection 198

Module 04 State Succession

1. State Succession 205
2. Universal and Partial Succession, and the Theories of State Succession 211

Module 05 State Jurisdiction

1. State Jurisdiction 217
2. The Agents of International Business: Heads of State, Governments and Foreign Ministers 225
3. Special Missions and the Other Representatives of States 233
4. Innocent Passage, and Straits 240
5. Extradition 249
6. Asylum 256

Module 06 Law of Diplomatic Immunity and Consular Relations

1. Immunity from Jurisdiction 263
2. Diplomatic Envoys: Classes, Appointment, Functions and the End of a Mission 271
3. Diplomatic Privileges and Immunities 280
4. Consuls: Their Classes, Functions, Privileges and Immunities 292

Module 07 Settlement of Disputes

1. Pacific Settlement of Disputes 302
2. The Meaning of a Dispute, and the Coercive Means of Settlement: Retorsion, Reprisal, Embargo and Pacific Blockade 309
3. Intervention, and the Monroe Doctrine 314

Module 08 United Nations Organization

1. The United Nations: Purposes, Principles and Membership 322
2. The General Assembly 331
3. The Security Council: Composition, Voting and the Veto 339
4. The Use of Force and Collective Security 346
5. The Economic and Social Council 355
6. The International Court of Justice 363
7. The Secretariat and the Secretary-General 375
8. The Trusteeship System and the Trusteeship Council 382