COURSE MANUAL

Public International Law

Spring 2024
Academic Year 2023 -2024
B.A., LL. B/B.B.A, LL.B – 2021

From: Joe Sacco, The Hague in Journalism

Course Instructors:
Aashish Yadav, Abhimanyu Singh, Abhishek Rana, Akmal Handi Ansari, Akshata A.
Ahire, Anuj Chand, Biswanath Gupta, Neha Singh, Piergiuseppe Pusceddu, Pratik
Purswani, Sanitya Kalika, Srinjoy Sarkar

Course Coordinator
Srinjoy Sarkar
 Jindal Global Law School, Spring 2023

O. P. JINDAL GLOBAL UNIVERSITY

PART - I

General Information

General Information on Public International Law, offered by Jindal Global Law School
(JGLS) for Spring 2024 in the Academic Year 2023-2024

The following information contains the official record of the details of the course.

This document is illustrative and contains general guidelines and readings for the
course. The instructor retains the right to modify the course (without tampering its basic
framework and objectives) for its effective implementation and reception.

Course Title: Public International Law

Course Code: L-CT-0024

Course Duration: One Semester (15 weeks)

Number of credits: 4

Level: Five Year Degree Programme

Medium of Instruction: English

Pre-requisites: Nil

Equivalent courses: Nil

A note of acknowledgements

This course manual has been finalized by the course instructors who are grateful to the
previous instructors of the course at JGLS on whose work this manual has been
incrementally built over semesters. The course instructors would also like to thank
Aditya Roy, Amlan Mishra, Farhan Ahmad, Raghavi Vishwanath, Shubhangi
Agarwalla, Swati Singh Parmar, and some good people of Twitter-verse for their
comments, inputs, and suggestions. Besides that, the course instructors would also like
to thank the people behind course manuals of other law schools in India and beyond
that they could refer.

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PART II

a. Course Description
In times of today, it’s tough to, especially for law students, to have not heard of public
international law and have some views on it. Often, not without reason.

Considering this, some of the biggest resistance one faces with public international law
teaching in India is the skepticism that comes with it - around its operability (and, thus
effectiveness of implementation), relatability or even its existence. 1 To that end, we hope
that this course gives one an avenue to understand, and appreciate if public
international law “exists”, and much like (or unlike) domestic law, how it has
implications on everyday experiences2 particularly in spaces that we inhabit (accounting
both for our positions of privilege and the lack of it) 3 - sometimes in ways hard to
imagine or relate to.4 Take for instance, COVID: be it the causes, the crisis, the
vaccination policy – international law interacts with each of this. Even many things that
we see as “internal” issues (or are made to see so) in today’s world!5

This, of course, is not to romanticize the relevance of international law. While not losing
sight of the point above, the course does not want to ignore how international law has a
questionable history, how the law plays out (in terms of its making, in terms of its
effectiveness, or how its practice, like any discipline of law, responds to power), or how
universal it is, or even how aware are its practitioners of its own shortcomings.

1 See Rohini Sen, “International Law in Indian Law Schools - What remains invisible?” (December 2020)
available at: http://rsrr.in/2020/12/24/international-law-in-indian-law-schools/#_ftnref23 (Rohini
Sen)
2 A Conversation with Luis Eslava: International Law and Everyday Life (Part I, II, and III) available at:
https://internationallawandtheglobalsouth.com/a-conversation-with-luis-eslava-international-law-and-
everyday-life-part-i-of-iii/; Also see, ASIL, International Law: 100 ways it shapes our lives (2018)
available at: https://www.asil.org/sites/default/files/100Ways/100Ways.pdf.
3 See graphic art by Mohsen al Attar, and Mia Koning titled “Education for Emancipation”, 3 Trade L. &
Dev. 257 (2011); Srinivas Burra, Teaching Critical International Law: Reflections from the
Periphery,March 2021 available at: https://twailr.com/teaching-critical-international-law-reflections-
from-the-periphery/#easy-footnote-2-3588
4 See Rohini Sen: “Students in India understand international law to either be a ‘boutique subject’ or one
that leads to ‘being employed at the United Nations’ and hence, outside the immediate domain of
relevance. Any benefit of the subject for the outcome-oriented law student lies in academic opportunities
and scholarship. And, the scope of participation in the motions of International Organizations, are
usually perceived as far removed from their ecosystem. This ‘deficit’ of international law teaching-
learning is not just located in a ‘lack of relatability’ for students. It is deeply rooted in how international
law is constructed, taught and understood in these places.” Antony Anghie, “Critical Pedagogy
Symposium: Criticial Thinking and Teaching as Common Sense- Random Reflections”, (Augiust 2020)
OpinioJuris, available at http://opiniojuris.org/2020/08/31/critical-pedagogy-symposium-critical-
thinking-and-teaching-as-common-sense-random-reflections/; See, Gerry Simpson, On the Magic
Mountain: Teaching Public International Law, EJIL 10 (1999), 70–92 available at:
http://www.ejil.org/pdfs/10/1/579.pdf.
5 See Rohini Sen, Ibid on the insides, and the outsides of international law.

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 Jindal Global Law School, Spring 2023

Sum of it all - as people who have landed to learn law (by choice or otherwise), some
working knowledge of international law that this course aims at will surely help us be
familiar with a vocabulary that has become very pervasive, 6 and help one be better
equipped to look and respond to things around. Also, considering the number of myths
around international law, we really hope this course will give us a good time to both
learn and “unlearn” things about it.

To that end, this course is a modest start. The course introduces the basic understanding
of public international law, focusing on nature, sources, and subjects of international
law, and touches upon concepts of state sovereignty, state recognition, jurisdiction, state
responsibility and state succession. While doing this, it attempts to introduce and
critique some of the principles that supposedly form the bedrock of modern
international law: such as equal rights and self- determination of peoples; sovereign
equality of states; non-use of force; peaceful settlement of disputes; non-intervention;
good faith etc. Towards the later part of the course, the course also aims to cover dispute
settlement mechanisms which includes diplomatic means of dispute settlement as well
as judicial means. It also attempts to introduce other international tribunals and courts.

Though interspersed through the modules, in the concluding week the course aims to
actively reflect on the critical study of international law that actively breaks from
reading international law that has conditioned imperialism, patriarchy, capitalism, and
other forms of hegemony into it.7

b. Course Aims

By the end of the course students should be able to:

● Understand and apply the sources of public international law.

● Understand the nature of the international legal system, actors in the international
legal system and the concept of international legal personality.

6 Luis Eslava, Public International Law – Syllabus available at:

https://www.academia.edu/8220302/Public_International_Law_Syllabus.
7 A wider focus could have indeed been better but as Antony Anghie (Critical Pedagogy Symposium:
Critical Thinking and Teaching as Common Sense—Random Reflections available at:
http://opiniojuris.org/2020/08/31/critical-pedagogy-symposium-critical-thinking-and-teaching-as-
common-sense-random-reflections/), and Ata R Hindi (A Palestinian Perspective on Teaching
International Law, available at: https://twailr.com/a-palestinian-perspective-on-teaching-international-
law/) point out – there has to be some balance between cannon and critique. This is just a start, and some
chipping away has been made possible. As Christine Schwobel-Patel says, “Decolonising is a process and
we will never have a 'finished' product” (See,
https://twitter.com/CSchwobelPatel/status/1317053712733536256). Hopefully, we will make more
changes as we move along.

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 Jindal Global Law School, Spring 2023

● Understand and apply methods, theories and doctrines of traditional/mainstream

interpretations of PIL and be aware of the critiques advanced by Third World
Approaches to International Law (TWAIL), feminist critiques and other CLS lenses.
● Understand how PIL operates in practice. That is, how it is applied in litigation and
in legal opinions provided to States, international organisations and non-
governmental organisations (NGOs)
● Have a working knowledge of the relationship between PIL and the domestic legal
systems, in particular, the Indian legal system
● Understand the manner in which disputes between States can be resolved peacefully
within the framework of PIL
● Have knowledge of the jurisdiction and selected jurisprudence of the International
Court of Justice and other relevant international courts and tribunals
● Apply PIL to current affairs – particularly ones closer home, and develop critical
awareness on how such affairs impact international law8;

c. Intended Learning Outcomes

Intended Learning Weight Teaching and Assessment

Outcomes Learning Tasks/ Activities
Activities

Analytically and critically 50% Reading of End-of-course

describe and explain relevant course examination (50%
important legal concepts, materials and of marks)
doctrines associated with cases in addition
different streams of public to involving
international law especially themselves in Internal 50% will be
the topics to be covered in the research decided for each
syllabus. section by the
faculty concerned
Students will
acquire knowledge
on public Students’ ability to
international law describe, explain
in general. and apply the
Particularly gain general principles of
8 See, International Law and Current Affairs Syllabus by Christine Schwöbel-Patel available at:
https://www.academia.edu/30732582/INTERNATIONAL_LAW_IN_CURRENT_AFFAIRS_syllabus_2
018

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 Jindal Global Law School, Spring 2023

familiarity with international Law to

doctrines/ the given factual
concepts situation will be
associated with tested by
different streams assessment
of public tasks/activities.
international law
covered in the
syllabus through:

1. Lectures

Students will be
given guidance on
their reading and
research for their
lectures and
tutorials.

2. Discussions
and
Assignments

Students will, by
responding to
questions and
performing
exercises, develop
their analytical
and critical
capabilities to
discuss important
issues on Public
International Law.

Analyse and critically Variable Lectures Same as above.

evaluate fundamental issues weight (at
and concerns in the field of faculty Students will be
public international law discretion, introduced to
issues and

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 Jindal Global Law School, Spring 2023

for each concerns and

section aspects of Public
The competing entitlements taught) International Law
available in international
law-

Assignments and
● the emergence of new
Preparation for
concepts and their theses:
implications in
relation to change in Assignments will
the content of law be weaved in ways
where students
● the new scrutinise, analyse
and evaluate
jurisprudential
issues and
thinking on the social
concerns in the
roots of International
field of Public
Law
International Law.

Apply different aspects of Variable Lectures Same as above

international law to weight (at
contemporary problems by: faculty Students will be
discretion, shown how legal
for each problems can be
section approached from
● researching issues in taught) various rules of
international law; international law
by citing
appropriate case
● analysing and
laws and conduct
innovating to resolve of States.
problems concerning
issues in international
law; and
Assignments and
Preparation for
● communicating their
theses:
solutions orally and in
writing clearly, Assignments will
coherently, and be weaved in ways

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 Jindal Global Law School, Spring 2023

accurately. to attain the

outcome.

d. Grading of Student Achievement 9,10

To pass this course, students must obtain a minimum of 40% in the

cumulative aspects of coursework, for example, moot, and final
examination. End of semester exam will carry 50 marks out of which
students have to obtain a minimum of 15 marks to fulfil the requirement of
passing the course.
The details of the grades as well as the criteria for awarding such grades are provided
below.

Letter Grade Percentage

Grade Definitions
Grade Value Of marks

Outstanding work with strong

evidence of knowledge of the
subject matter, excellent
O 8 80% and above Outstanding organizational capacity, ability
to synthesize and critically
analyse and originality in
thinking and presentation.

Sound knowledge of the subject

matter, thorough understanding
A+ 7.5 75 to 79.75% Excellent
of issues; ability to synthesize
critically and analyse

A 7 70 to 74.75% Good Good understanding of the

subject matter, ability to identify
issues and provide balanced
9 Under extraordinary circumstances, the JGU Academic Council or the JGU Deans’ Council can suspend
Clause D or make it optional. If Clause D is suspended, the policy which will be framed by the School
based on the decision of the said bodies will supersede Clause D. However, whether a situation is
extraordinary or not will be decided by the said bodies only.
10 Due to the COVID 19 pandemic, the Office of Academic Affairs may suggest changes/amendments or
suspend certain policies relating to the number of assessments and other examination related policies.

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 Jindal Global Law School, Spring 2023

solutions to problems and good

critical and analytical skills.

Adequate knowledge of the

subject matter to go to the next
A- 6 65 to 69.75% Adequate
level of study and reasonable
critical and analytical skills.

Limited knowledge of the

subject matter, irrelevant use of
B+ 5 60 to 64.75% Marginal
materials and poor critical and
analytical skills.

Poor comprehension of the

subject matter; poor critical and
B 4 55 to 59.75% Poor
analytical skills and marginal
use of the relevant materials.

“Pass” in a pass-fail course. “P”

indicative of at least the basic
B- 3 50 to 54.75% Pass
understanding of the subject
matter.

Pass 1: Pass with Basic

P1 2 45 to 49% Pass 1 understanding of the subject
matter.

Pass 2: Pass with Rudimentary

P2 1 40 to 44% Pass 2 understanding of the subject
matter.

Fail: Poor comprehension of the

subject matter; poor critical and
analytical skills and
F 0 Below 40% Fail
marginal use of the relevant
materials. Will require repeating
the course.

NEW COURSE LETTER GRADES AND THEIR INTERPRETATION

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Letter Percentag Grade

Interpretation
Grade e of Marks Points

Pass 1: Pass with Basic understanding of the

P1 45 - 49 2
subject matter.

Pass2: Pass with Rudimentary

P2 40 - 44 1
understanding of the subject matter.

Fail: Poor comprehension of the subject

matter; poor critical and analytical skills and
F Below 40 0
marginal use of the relevant materials. Will
require repeating the course.

‘P’ represents the option of choosing between

Pass/Fail grading system over the CGPA
grading system in the COVID 19 semester in
P Pass Spring 2020. The option is provided when
students attain a minimum of 40 percentage
marks under the current grading structure in a
given subject.

Extenuating circumstances preventing the

student from completing coursework
assessment, or taking the examination; or
where the Assessment Panel at its discretion
I Incomplete
assigns this grade. If an "I" grade is assigned,
the Assessment Panel will suggest a schedule
for the completion of work, or a supplementary
examination.

PART - III

a. Keyword Syllabus

International Law, Public International Law, International Legal Theory, Critical Approaches to
International Law

b. Course/Class Policies

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Academic Integrity and Plagiarism

Learning and knowledge production of any kind is a collaborative process. Collaboration

demands an ethical responsibility to acknowledge who we have learnt from, what we
have learnt, and how reading and learning from others have helped us shape our own
ideas. Even our own ideas demand an acknowledgement of the sources and processes
through which those ideas have emerged. Thus, all ideas must be supported by citations.
All ideas borrowed from articles, books, journals, magazines, case laws, statutes,
photographs, films, paintings, etc., in print or online, must be credited with the original
source. If the source or inspiration of your idea is a friend, a casual chat, something that
you overheard, or heard being discussed at a conference or in class, even they must be
duly credited. If you paraphrase or directly quote from a web source in the examination,
presentation or essays, the source must be acknowledged. The university has a
framework to deal with cases of plagiarism. All forms of plagiarism will be taken
seriously by the University and prescribed sanctions will be imposed on those who
commit plagiarism.

Disability Support and Accommodation Requirements

JGU endeavors to make all its courses accessible to students. All students with any
known disability needing academic accommodation are required to register with the
Disability Support Committee [email protected]. The Committee has so far identified the
following conditions that could possibly hinder student’s overall well-being. These
include: physical and mobility related difficulties; visual impairment; hearing
impairment; medical conditions; specific learning difficulties e.g. dyslexia; mental
health.

The Disability Support Committee maintains strict confidentiality on the matters under
its purview. Students should preferably register with the Committee during the month
of June/January as disability accommodation requires early planning. DSC will
coordinate all disability related services such as appointment of academic mentors,
arranging infrastructural facilities, and course related requirements such as special
lectures, tutorials and examinations.

All faculty members are requested to refer students with any of the above-mentioned
conditions to the Disability Support Committee for getting them disability-related
accommodation. Faculty members are also requested to be sensitive to the needs of such
students and cooperate with Disability Support Committee and the School, extending
students the necessary support by maintaining utmost confidentiality of the matter

Safe Space Pledge

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This course may discuss a range of issues and events that might result in distress for
some students. Discussions in the course might also provoke strong emotional
responses. To make sure that all students collectively benefit from the course, and do
not feel disturbed due to either the content of the course or the conduct of the
discussions. Therefore, it is incumbent upon all within the classroom to pledge to
maintain respect towards our peers. This does not mean that you need to feel restrained
about what you feel and what you want to say. Conversely, this is about creating a safe
space where everyone can speak and learn without inhibitions and fear. This
responsibility lies not only with students, but also with the instructor.

P.S. The course instructor, as part of introducing the course manual, will discuss the
scope of the Safe Space Pledge with the class.

Policies around attendance, teaching plan and methodology, internal assessments,

office hours, use of gadgets etc. will be set by the faculty teaching the relevant section.

PART - IV

WEEKLY COURSE OUTLINE WITH READINGS

Week Topic and Description Reading Materials

1 Introduction to Basic reading:

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 Jindal Global Law School, Spring 2023

International Law

● Jan Klabbers, International Law, Cambridge (2013),

• Initial questions Chapter 1 - “The Setting of International Law”

• What does public

● Charter of the United Nations, 1945, Articles 1, 2
international law cover?
(the inside and the
outside) ● Declaration on Principles of International Law
concerning Friendly Relations and Co- operation
• Why “public”? Why
among States in accordance with the Charter of the
“international”?
United Nations, 1970, United Nations General
• Is it law? What are the Assembly Resolution 2625 (XXV) of 24 October
main characteristics of 1970.
the normative structure?

• Why should we care

Recommended readings and sources:
about international law?

• What all does it touch?

& Who all does it touch?
● Rohini Sen, International Law in Indian Law Schools
• Who makes the law? - What remains invisible? (December 2020) available
How does it work? at: http://rsrr.in/2020/12/24/international-law-in-
indian-law-schools/#_ftnref23
• Questions about the nature
& development of
● Anthony Anghie, History, and International Law
International Law
(December 2016),
• Basic introduction and https://legal.un.org/avl/ls/Anghie_IL.html
critique to common
principles: equal rights and ● Monica Hakimi, Why Should We Care About
self- determination of
International Law?, 118 Mich. L. Rev. 1283 (2020)
peoples; sovereign equality
available at:
of states; non-use of force;
https://repository.law.umich.edu/mlr/vol118/iss6/1
peaceful settlement of
7
disputes; non-intervention;
good faith; co-operation.
● HLA Hart, The Concept of Law, Chapter- X, pp. 208-
31 (Also see, Mehrdad Payandeh, The Concept of
International Law in the Jurisprudence of H.L.A.
Hart, European Journal of International Law,

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Volume 21, Issue 4, November 2010, Pages 967–995,

https://doi.org/10.1093/ejil/chq065)

2 Sources of International Basic readings:

Law - I

● Brief overview: Christopher Greenwood, ‘Sources

● Overview of various sources of International Law: An Introduction’ (2008)
of international law unpublished LSE notes, pages 1-5

● Treaties ● Alain Pellet, ‘Article 38’ in The Statute of the

International Court of Justice: A Commentary (eds.
○ Definition A. Zimmermann, C. Tomuschat and K. Oellers-
Frahm), Oxford, 2006, p. 735 - 792
○ Conclusion

○ Treaty-making ● Anthony D’Amato’s lecture on ‘Sources of

international law’ https://legal.un.org/avl/ls/D-
○ Signature Amato_IL.html
○ Ratification

○ Accession Treaty provisions and cases:

○ Reservations

○ Grounds for challenging

● Statute of the International Court of Justice, Article
○ Pacta sunt servanda 38(1)

○ Termination
● Vienna Convention on the Law of Treaties 1969,
available at:
http://legal.un.org/avl/ha/vclt/vclt.html

● Treaty Handbook, United Nations (Reprinted

2006) available at:
https://treaties.un.org/doc/source/publications/T
HB/English.pdf

● Reservations to the Convention on the Prevention

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and Punishment of the Crime of Genocide, ICJ

Advisory Opinion, 1951 (pages 4-19)

● Gabčíkovo-Nagymaros Project (Hungary/Slovakia),

ICJ Judgment of 25 September 1997 (On
termination, paras 89-115)

3 Sources of International Basic readings:

Law- II

● Brief overview: Christopher Greenwood, ‘Sources

● Customary international of International Law: An Introduction’ (2008)
law unpublished LSE notes, pages 1-5

○ Two elements - state

● Gleider Hernandez, International Law (2nd ed),
practice and opinio juris
Chapter 2 - Sources of International law (p. 31-44)
○ How to identify the
elements? ● Alain Pellet, ‘Article 38’ in The Statute of the

○ Persistent objector International Court of Justice: A Commentary (eds.

A. Zimmermann, C. Tomuschat and K. Oellers-
○ Regional/local custom Frahm), Oxford, 2006, p. 735-792

Cases and Opinions:

● The Case of the S.S. “Lotus” (France v Turkey),

PCIJ, 1927 (page 28)

● Military and Paramilitary Activities in and against

Nicaragua (Nicaragua v. United States of America),
Merits, Judgment, 1986 pp. 97-102,108-109 (paras.
183-190, 193, 207).

● North Sea Continental Shelf Cases

(Netherlands/Germany) (Denmark/Germany),

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 Jindal Global Law School, Spring 2023

1969, pp. 41-47 (paras. 70-80, 81, 85). [Also see,

Proclamation 2667, of September 28, 1945: Policy
of the United States with Respect to the Natural
Resources of the Subsoil and the Seabed of the
Continental Shelf:
https://www.gc.noaa.gov/documents/gcil_proc_26
67.pdf]

● Legality of the Threat or Use of Nuclear Weapons,

Advisory Opinion ICJ 1996 (paras 65 to 73; along
with Dissenting Opinion of Judge Weeramantry)

● Right of Passage over Indian Territory (Portugal v.

India), Judgment of 12 April 1960 (pages 39-40,
along with Dissenting Opinion of Judge M.C.
Chagla, pages 119-120)

● Asylum Case (Colombia v. Peru), 1950 (pages 276-

278)

Recommended readings and sources:

● ILC Draft conclusions on identification of

customary international law with commentaries,
2018:
https://legal.un.org/docs/?path=../ilc/texts/instru
ments/english/commentaries/
1_13_2018.pdf&lang=EF

● First Report (April 2019) & Second Report (June

2020) ILC Reports on General Principles of
International Law:
https://legal.un.org/ilc/guide/1_15.shtml

● Michael P Scharf, Customary International Law in

Times of Fundamental Change: Recognizing

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Grotian Moments, Chapter 3: Theoretical

Underpinnings (eds 2013)

● Anthony D'Amato, Trashing Customary

International Law, The American Journal of
International Law, Vol. 81, No. 1 (January, 1987),
pp. 101-105

● B. S. Chimni, ‘Customary International Law: A

Third World Perspective’, American Journal of
International Law, Volume 112, Issue 1, February
2004, Pages 1–46

● David Kennedy, ‘The Sources of International Law’

American University International Law Review
2(1) (1987): 1-96 available at:
https://digitalcommons.wcl.american.edu/auilr/vo
l2/iss1/1/

4 Sources of International Basic readings:

Law - III

● General Principles of Law

● Brief overview: Christopher Greenwood, ‘Sources
of International Law: An Introduction’ (2008)
● Judicial Decisions
unpublished LSE notes, pages 1-5

● Resolutions of International ● Gleider Hernandez, International Law (2nd ed)

Organizations
o Chapter 2 - Sources of International law (p. 46-
● Jus cogens & erga omnes 57)

o Chapter 3 - Hierarchy of norms in international

● Hierarchy of Sources law (58-77)

Cases:

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● Barcelona Traction, Light and Power Company

Case, 1970 ICJ (case summary and paras 3 & 33-35)
[on erga omnes]

● Application of the Convention on the Prevention

and Punishment of the Crime of Genocide (The
Gambia v Myanmar), Order of January 2020 (paras
39- 42; also see Separate Opinion of Judge Xue
paras 4-6) [on erga omnes partes]

● Application of the Convention on the Prevention

and Punishment of the Crime of Genocide in the
Gaza Strip (South Africa v. Israel), Order of 26
January 2024 (paras 33-34; also see Declaration of
Judge Xue para 4) [on erga omnes partes]

Recommended readings and sources:

● Hugo Thirlway, Specialities: Jus Cogens,

Obligations Erga Omnes, Soft Law, in The Sources
of International Law (2nd ed 2019)

5 International Legal Basic Readings:

Personality - I

● James Crawford, ‘State’, Max Planck Encyclopedias

● Subjects of International of International Law [MPIL]
Law

● States as Traditional Treaties and Resolutions:

International Legal Persons

● Montevideo Convention on the Rights and Duties of

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States, 1933
● Statehood

● UN General Assembly Resolution 67/19 on the

● State Sovereignty
Question of Palestine (29 November 2012)

● State Recognition ● UN Security Council, Official Records (Third Year;

No. 128; 2 December 1948) - discussion on Israel’s
membership to the UN, pages 8-14 (Jessup’s
submission)

Suggested case study:

● The Pint sized Nation of the English Coast:

https://www.theatlantic.com/international/archive
/2019/08/sealand-outlaw-ocean-tiniest-nation/
596074/

Recommended readings and sources:

● Security Council debate on membership of Israel to

the UN:
https://digitallibrary.un.org/record/637527/files/S
_PV-383-EN.pdf (item 3)

● Arbitration Commission of the Conference on

Yugoslavia - Opinion 1, 2, 4 10: http://www.pf.uni-
lj.si/media/skrk_mnenja.badinterjeve.arbitrazne.k
omisije.1_.10.pdf

● Matthew Craven, and Rose Parfitt, Statehood, Self-

Determination and Recognition available at:
https://core.ac.uk/download/pdf/132197302.pdf

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6 International Legal Basic Readings:

Personality - II

● International Organizations ● James Crawford, Brownlie's Principles of Public

International Law (9th Edition), Chapter 7 –
○ Definition International Organisations.

○ Rights and duties of IO ● Rosanna van Alebeek, ‘Diplomatic Immunity’ Max

under international law
Planck Encyclopedias of International Law (MPIL)
(link)
● Diplomatic immunity

Treaties and Cases:

● Reparation for Injuries Suffered in the Service of

the United Nations, ICJ Advisory Opinion, April
1949

● UN Charter, Articles 104 and 105

● General Convention on the Privileges and

Immunities of the United Nations, Article 1

● Vienna Convention on Diplomatic Relations,

Articles 22, 23, 27, 29, 31, 34

Suggested Case Study:

● UN Concedes Role in Haiti Cholera Crisis, The

Daily Beast, August 17, 2016
http://www.thedailybeast.com/cheats/2016/08/17
/u-n-admits-to-role-in-haiti-cholera-

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 Jindal Global Law School, Spring 2023

outbreak.html?via=desktop&source=copyurl

● Yale Law School’s Transnational Development

Clinic’s report on “Peacekeeping without
Accountability: The United Nations’ responsibility
for the Haitian cholera epidemic”, Executive
Summary, pages 1-5

● Dapo Akande on the Devyani Khobragade incident,

Part 1 (link) and Part 3 (link), EJIL:Talk

● Fabia Veçoso, ‘International Law, Diplomatic

Immunity and Julian Assange’ Pursuit: University
of Melbourne, available at
https://pursuit.unimelb.edu.au/articles/internatio
nal-law-diplomatic-asylum-and-julian-assange

Recommended readings and sources:

● Article CVIII, of the Final Act of the Congress of

Vienna, 1815

● Central Commission for the Navigation of the

Rhine, Leaflet:
https://ccnr.eu/files/communication/flyerCCNR20
16_en.pdf

● Dapo Akande, ‘Ecuador Seeks to Confer Diplomatic

Status on Julian Assange: Does this Oblige the UK
to Allow Him to Leave the Embassy & Is the Matter
Headed to the ICJ?’ EJIL: Talk available
athttps://www.ejiltalk.org/does-ecuadors-
appointment-of-julian-assange-oblige-the-uk-to-
allow-him-to-leave-the-embassy-and-is-the-matter-

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headed-to-the-icj/

● United States of America v. Devyani Khobragade

(Indictment), United States District Court,
Southern District of New York
<https://www.justice.gov/sites/default/files/usao-
sdny/legacy/2015/03/25/Khobragade%2C
%20Devyani%20Indictment.pdf>

● Anne Peters, Novel practice of the Security Council:

Wildlife poaching and trafficking as a threat to the
peace, February 2014 available at:
http://www.ejiltalk.org/novel-practice-of-the-
security-council-wildlife-poaching- and-trafficking-
as-a-threat-to-the-peace/

● Fleur Johns, Theorizing the Corporation in

International Law, in A. Orford, A. and F.
Hoffmann, The Oxford Handbook of the Theory of
International Law (OUP, 2016)

7-8 Self-determination Basic Readings:

● Internal self-determination ● Victor Kattan, Self-determination as ideology: The

Cold War, the end of empire, and the making of UN
● External self-determination General Assembly Resolution 1514 (14 December
1960) available at:
http://victorkattan.com/work/self-determination-
● Remedial secession as-ideology/

● International Human Rights Law: Cases, Materials,

Commentary by Olivier De Schutter, Chapter 7, part
5 (3rd eds)

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Cases, Opinions, Treaty provisions, and Resolutions:

● UN Charter Article 1, Chapters XI-XIII

● Common Article 1 to ICCPR and ICESCR, and

Human Rights Council, General Comment 12

● UNGA Res 1514, 1541, 1803 and 2625

● Vienna Declaration and Action for Programme,

1993 available at:
https://www.ohchr.org/en/professionalinterest/pa
ges/vienna.aspx

● United Nations Declaration on the Rights of

Indigenous Peoples, 2007 available at:
https://www.un.org/development/desa/indigenous
peoples/declaration-on-the-rights-of-indigenous-
peoples.html

● Legal Consequences for States of the Continued

Presence of South Africa in Namibia (South-West
Africa) Notwithstanding Security Council
Resolution 276 (1970), Advisory Opinion of 21 June
1971, (para 52)

● Accordance with International Law of the

Unilateral Declaration of Independence in Respect
of Kosovo, ICJ Advisory Opinion of 22 July 2010
(case summary along with Separate Opinion Judge
Yusuf, para 16)

● Legal Consequences of the Construction of a Wall in

the Occupied Palestinian Territory, 2004 (paras,
88, 119 to 122, and 159)

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● Legal Consequences of the Separation of the Chagos

Archipelago from Mauritius in 1965, Advisory
Opinion of 25 February 2019 (paras 132-182)

● Supreme Court of Canada – Reference re Secession

of Quebec

● St UNGA request from 19 January 2023 (public

hearing on 19 February 2024)

Suggested Case Studies:

● The Legal Status of Palestine

o Victor Kattan, A critical assessment of the

Government of Israel’s memorandum to the ICC
(January 2020) – Part I (available at:
https://www.ejiltalk.org/a-critical-assessment-of-
the-government-of-israels-memorandum-to-the-
icc-part-i/)and Part II
(https://www.ejiltalk.org/a-critical-assessment-
of-the-government-of-israels-memorandum-to-
the-icc-part-ii)

o Victor Kattan, Muddying the Waters: A Reply to

Kay and Kern on the Statehood of Palestine and
the ICC – Part I, Part II and Muddying the Waters
Still Further: A Response to Steven Kay and
Joshua Kern, August 2020 available at:
http://opiniojuris.org/author/victor-kattan/

● Bougainville Explained: How the world’s newest

country might bloom out of protests against a
copper mine:
https://indianexpress.com/article/explained/boug
ainville-explained-how-the-worlds-newest-country-

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 Jindal Global Law School, Spring 2023

might-bloom-out-of-protests-against-a-copper-
mine-6132284/

Recommended readings and sources:

● Shrimoyee Nandini Ghosh, Acknowledging the

‘question of self-determination’ that OHCHR
Kashmir report raises will be path-breaking, June
2018 available at:
https://www.theleaflet.in/acknowledging-the-
question-of-kashmiri-self-determination-ohchr-
report-path-breaking/

● Matthew Craven, and Rose Parfitt, Statehood, Self-

Determination and Recognition available at:
https://core.ac.uk/download/pdf/132197302.pdf

● Life is Waiting: Referendum and Resistance in

Western Sahara | Documentary available at:
https://www.youtube.com/watch?
v=9QzRzm4uFxU

● Vasuki Nesiah, Placing International Law: White

Spaces on a Map (Leiden Journal of International
Law2003) available at:
https://www.academia.edu/6937435/Placing_Inte
rnational_Law_White_Spaces_on_a_Map

● Bangladesh: See, Ved P. Nanda, Self-Determination

in International Law: The Tragic Tale of Two
Cities--Islamabad (West Pakistan) and Dacca (East
Pakistan), The American Journal of International
Law Vol. 66, No. 2 (Apr., 1972), pp. 321-336.

● Tibet: Surya P Subedi, 'The Right of Self-

determination and the Tibetan People' in Dino.

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Kritsiosis (ed), Self-determination: Cases of Crisis

9 Settlement of Basic Readings:

International Disputes -
International Court of
Justice
● Basis of the Court’s jurisdiction: https://www.icj-
● Jurisdiction of the ICJ cij.org/basis-of-jurisdiction

○ Contentious jurisdiction
Cases, Opinions, Treaty provisions, and other material:
○ Advisory jurisdiction

● UN Charter: Articles 2(3), 33, 36-38, 92, 94, 96

● Statute of the International Court of Justice:

Articles 34, 36

● UN General Assembly Resolution 49/75K:

https://digitallibrary.un.org/record/193267?ln=en
or https://www.icj-cij.org/public/files/case-
related/95/7646.pdf

● Norwegian Loans Case: official summary

● Nicaragua vs USA: focus on the Jurisdiction phase

o Jurisdiction Phase

o Nicaragua’s optional clause declaration, 1929

o President Truman’s Optional Clause Declaration,

1948

o George Shultz Amendment, 1984

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 Jindal Global Law School, Spring 2023

Recommended readings and sources:

● John Collier & Vaughan Lowe, The Settlement of

Disputes in International Law: Institutions &
Procedures, Oxford University Press (2000),
Chapter 7, 8

10 Use of Force & Law of Basic Readings:

Armed Conflict:

● International Law Association Final Report on Use

● Jus ad bellum
of Force (2018) available at https://www.ila-
hq.org/images/ILA/DraftReports/DraftReport_Us
● International law governing eOfForce.pdf
prohibition of use of force
● Dapo Akande, Prohibition and Exception:
● Exceptions to Prohibition https://legal.un.org/avl/ls/Akande_PS.html (both
lectures)
○ Self-defence: necessity
and proportionality ● Adil Ahmad Haque, The United Nations Charter at

○ Individual and collective 75: Between Force and Self-Defense — Part One
self-defence and Part Two (June 2020) available at:
https://www.justsecurity.org/70985/the-united-
○ Attack by non-state nations-charter-at-75-between-force-and-self-
actors and right to self- defense-part-one/ and
defence https://www.justsecurity.org/70987/the-united-
nations-charter-at-75-between-force-and-self-
○ Pre-emptive and defense-part-two/
anticipatory self-defence

○ Humanitarian
intervention

○ R2P doctrine Treaty provisions, Resolutions, relevant Cases and

incidents:

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 Jindal Global Law School, Spring 2023

● UN Charter: Article 2, and Chapter VII

● UNGA Resolution 2625

● UNSC Resolutions 217, 253, 660, 661, 678, 1368

and 1973

● Caroline incident of 1837, Communications

available at:
https://avalon.law.yale.edu/19th_century/br-
1842d.asp

● Legality of the Threat or Use of Nuclear Weapons,

Advisory Opinion ICJ 1996 (case summary, and
para 41-42, 47)

● Military and Paramilitary Activities in Nicaragua

(Merits), ICJ 1986 (paras 187-201, 227-238)

● Oil Platforms (Iran v USA), ICJ 2003 (paras 50-77)

● Armed Activities on the Territory of the Congo

(DRC v. Uganda), ICJ 2005 (case summary and
para 143)

● Legal Consequences of the Construction of a Wall

in the Occupied Palestinian Territory, Advisory
Opinion ICJ 2004 (paras 138-141; also see
summary of the separate opinion of Judge
Koogimans, Koroma and Higgins, and Declaration
of Judge Buergenthal)

● Report of the Independent Commission on

Intervention and State Sovereignty, The

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 Jindal Global Law School, Spring 2023

Responsibility to Protect, 2001, Chapters 1, 2, and 4

Recommended readings and sources:

● Chatham House: Principles of International Law on

the Use of Force by States in Self Defence, 2005
available at:
https://www.chathamhouse.org/sites/default/files
/publications/research/2005-10-01-use-force-
states-self-defence-wilmshurst.pdf

● Adil Ahmad Haque, Self-Defense Against Non-State

Actors: All Over the Map - Insights from UN
Security Council Arria-Formula Meeting, March
2021, available at:
https://www.justsecurity.org/75487/self-defense-
against-non-state-actors-all-over-the-map/

● Anne Orford, What kind of law is this? Libya and

International Law, March 2011 available at:
https://www.lrb.co.uk/blog/2011/march/what-
kind-of-law-is-this

● Claus Kress, On the Principle of Non-Use of Force

in Current International Law, September 2019
available at:
https://www.justsecurity.org/66372/on-the-
principle-of-non-use-of-force-in-current-
international-law/

11 State Responsibility Basic Readings:

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● General Principles ● James Crawford, State Responsibility, Max Planck

Encyclopedias of International Law (link)
● Acts giving rise to State
Responsibility: ● Draft Articles on Responsibility of States for
Internationally Wrongful Acts, with commentaries
○ Conduct 2001:
https://legal.un.org/ilc/texts/instruments/english/co
○ Attribution
mmentaries/9_6_2001.pdf
○ Breach

● Circumstances precluding Cases and incidents:

wrongfulness

● Obligations resulting from ● United States Diplomatic and Consular Staff in

wrongful conduct Tehran (United States of America v. Iran) ICJ

● Countermeasures (Chapter o Provisional measures (15 December 1979)

II, ARSIWA) o Judgment on jurisdiction (24 May 1980)

12 State Jurisdiction Basic Readings:

● Prescriptive and
Enforcement Jurisdiction ● James Crawford, 'State Jurisdiction', in James
Crawford (ed) Brownlie's Principles of Public
● Principles of Jurisdiction
International Law (9th ed, OUP)
○ Territoriality

○ Active Personality Cases:

○ Passive Personality

○ Protective
● Nottebohm (Liechtenstein v. Guatemala), ICJ
○ Universal
● The case of S.S. “Lotus” (France v. Turkey) PCIJ.

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 Jindal Global Law School, Spring 2023

● Corfu Channel case (UK v Albania), ICJ 1949

● Enrica Lexie Award, PCA and Republic of Italy and

Ors. v Republic of India and Ors., Judgment of the
Supreme Court of India, dated 18 January 2013

Recommended readings and sources:

● Article 5, United Nations Convention against

Torture, 1985

● Treaty of Canterbury (Channel Tunnel treaty), 1991

● Article VI, Convention on the Prevention and

Punishment of the Crime of Genocide, 1948

● Valeria Eboli & Jean Paul Pierini, The “Enrica Lexie

Case” and the Limits of the Extraterritorial
Jurisdiction of India, (2012) Online Working Paper
2012/n.39 at
<http://www.cde.unict.it/sites/default/files/39_20
12.pdf>

● The Adolf Eichmann Story:

o Attorney General v. Adolf Eichmann, District

Court of Jerusalem, Criminal Case No. 40/61,
December 1961 available at:
https://www.asser.nl/upload/documents/Dom
CLIC/Docs/NLP/Israel/Eichmann_Judgement
_11-12-1961.pdf

o Letter from Argentina to UNSC in 1960

regarding the arrest of Adolf Eichman by Isareli
Mossad:

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 Jindal Global Law School, Spring 2023

https://www.un.org/en/sc/repertoire/59-63/Ch
apter%208/59-63_08-7-Complaint%20by
%20Argentina.pdf

● The story of John Demjanjuk:

o State of Israel v Demjanjuk, Supreme Court of

Israel, Israel, Case no. 347/88, 1993 available at:
http://www.internationalcrimesdatabase.org/C
ase/191/Demjanjuk/

o The Devil Next Door (available on Netflix)

● Princeton University Program in Law and Public

Affairs, The Princeton Principles on Universal
Jurisdiction 28 (2001) available at:
http://hrlibrary.umn.edu/instree/princeton.html.

● Lockerbie Incident and questions regarding

jurisdiction, Related - US v Libya, ICJ Preliminary
Objections

13 Interaction between Basic Readings:

International Law &
Domestic Law

● Monist System ● Lavanya Rajamani, International law and the

Constitutional Schema in Oxford Handbook of the
● Dualist System Indian Constitution (Eds. Sujit Choudhry, Madhav
Khosla, and Pratap Bhanu Mehta, 2016)

● Implementation of ● Aparna Chandra, India and international law:

international law into formal dualism, functional monism, Indian Journal
Indian law of International Law (2017)

● Constitution of India, Articles 51(c), 53, 73, 273

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 Jindal Global Law School, Spring 2023

Suggested Case Study:

● Mohammad Salimullah v. Union of India, W. P. (C)

NO. 793 OF 2017

Recommended readings and sources:

● See sources from other Asian contexts from TRILA

Database of Asian Cases and Reading Materials
available at: pages 28-41, 47-53.

● Gutierrez, Carlos Jose, “Conflict between Domestic

and International Law,” The American University
Law Review, Vol. 30: 147

● Maganbhai Ishwarbhai Patel vs. Union of India

(1970) Supreme Court Cases 400

● B.S. Chimni, ‘India’, in The Oxford Handbook of

International Law in Asia and the Pacific (Eds.
Simon Chesterman, Hisashi Owada, Ben Saul,
2019)

14 Critiques of International Basic Readings:

Law

● Luis Eslava, TWAIL Coordinates (2019),

● Third World Approaches to https://grojil.org/2019/04/01/twail-coordinates/
International Law
● James Thuo Gathii, The Promise of International
● Feminist Critiques of Law: A Third World View (June 25, 2020), Grotius
Lecture Presented at the 2020 Virtual Annual

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 Jindal Global Law School, Spring 2023

International Law Meeting of the American Society of International

Law, Available at SSRN available at: The Promise of
● Introduction to other International Law: A Third World View
critical approaches by ...papers.ssrn.com › sol3 › papers. Or hear at:
https://www.youtube.com/watch?v=neGcxJgRogE

● Mohsen Al Attar, Out of Place? Being Anti-Colonial

in Law School, June 2021 available at:
http://opiniojuris.org/2021/06/25/out-of-place-
being-anti-colonial-in-law-school/.

● Vasuki Nesiah, ‘The Ground Beneath Her Feet:

“Third World" Feminisms’ Journal of International
Women's Studies (2003) 4(3), 30-38.

Recommended readings and sources:

● Makau Mutua, Critical Race Theory and

International Law: The View of an Insider-Outsider,
45 Vill. L. Rev. 841 (2000) available at:
https://digitalcommons.law.villanova.edu/vlr/vol4
5/iss5/2

● Rosa Brooks, “Feminism and International Law: An

Opportunity for Transformation.” Yale Journal of
Law & Feminism 14 (2002): 345-361.

● P.Weil, ‘Towards Relative Normativity in

International Law’

15 Review & Revision

A word of caution on online readings

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 Jindal Global Law School, Spring 2023

Online sources can be classified into reliable, unreliable and outright bogus. The
Internet is an open domain in which all and sundry can create web pages and indulge in
propaganda, falsification or misrepresentation of events. The few sources that can help
you with basic information and which are fairly unbiased are: websites of established
newspapers, magazines and journals. Students should always consult with the
instructors about the veracity and authenticity of a particular web site and its suitability
for researching topics covered in this syllabus.

Textbook

There is no prescribed textbook for the course, and one is expected to rely on the
suggested readings above.

If at all, despite concerns with writing in any textbook, 11 students at JGLS (and at many
law schools in India and in South Asia) have relied on Malcolm Shaw, International
Law (CUP) as a possible option for its traditional and characteristic mode of
argumentation.

Students may rely on:

● Jan Klabbers, International Law, Cambridge (2013)

● Malcolm D. Evans, International Law, Oxford (2003)

Useful Internet Links

- http://untreaty.un.org/cod/avl/intro.html
- http://untreaty.un.org/ilc/summaries/summaries.htm
- http://ials.sas.ac.uk/flare/flare.htm
- http://www.un.org/law/riaa/
- http://digitalcommons.law.yale.edu/
- http://www.mpepil.com/
- http://www.asil.org/

Useful blogs
www.https://ilg2.org
http://opiniojuris.org
https://www.ejiltalk.org
https://www.justsecurity.org
https://twailr.com
11 For instance, see concerns by Prabhakar Singh, Foreword in, Swati Singh Parmar & Adithya Variath,
An Introduction to International Law (Thomson Reuters, Forthcoming) available at:
https://jgu.academia.edu/PrabhakarSingh.

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 Jindal Global Law School, Spring 2023

***

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