MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

Course Outline

BAL5.1 INTERNATIONAL LAW

B.A.LL.B. (Honours) Five-Year Integrated Degree Course

Academic Year: 2024-25
II YEAR, SEMESTER–III

Designed and Developed by:

Dr. Shilpa Jain
Associate Professor of Law

Course Instructor:
Abhirup Das
Assistant Professor of Law

July 2024
(Strictly for private circulation)
 INTERNATIONAL LAW

Semester- III July- Dec, 2024

Course Code BAL5.1
Course Credit 4
Maximum Marks 100
Teaching Hours 64
Presentation Hours 12-15
Medium of Instruction English
Course Compulsory
Introduction
The subject is intended to introduce students to the basic concepts and problems of
international law and of the international legal system. international law, which is traditionally
considered to encompass the binding normative rules and principles dealing with the conduct
of states and of international organizations and with their relations inter se.
International law is about trying to control the world and everything in it. It brings a lot of
concepts to mind, from war and settlement of disputes between States, protection of the
environment, responsibilities and obligations, to human rights protection between citizens,
refugees of different States and corporations. Globalization has forced us to interact with each
other, making it essential to have common rules to guide and sustain relationships (of trade,
investment, technology, etc.) between individuals and States from different regions and
continents. Now, many of domestic laws are highly influenced and molded by the rules of
international law. International law provides mandatory principles, norms and rules that
regulate the relations between States as well as with other non-State actors, like international
organizations and individuals
This subject will introduce the students to the structures, processes, and rules of the
international legal order. We will explore how, by whom, and with what results law has been
used to shape or attempt to shape the world in which we live. We are concerned, in this
subject, not with any domestic legal order but with the law formed by and governing the
conduct of states and other international actors. In this course particular attention will be
given to sources of international law, subjects and objects, treaty making and related rules,
state system, position of individuals, dispute settlement system and some newer and
emergingareas of public international law. Due to the limitation of the fixed duration of a
semester, this course structure has been designed to cover the important aspects of Public
International Law.

Course Objectives
The objective of the subject will not only be to develop the knowledge and understanding of
the basics of Public International Law but will also focus on developing the subject specific
Intellectual and Research skills. The students will not only be made familiar with the basic
traditional concepts of the subject so that they can express and assess the limitations of
international law in a state-centered system facing the challenges posed by political
considerations to the rule of law in international affairs but the teaching will also be done with
an emphasis to help them learn the drafting of memorials, treaty documents, special
agreements, etc. The main focus will be:

 To develop conceptual understanding and analytical skills to assess relevant issues of

public international law and develop an appreciation of the political, institutional and
economic context of international law and the interplay of the various factors, including
 ethical considerations, and actors involved;
 To develop an understanding of the nature, theory, rules, principles of international law
and the processes by which the law is made and applied;
 To understand the subjects of International Law and State Succession, Recognition
and Responsibility;
 To understand the laws and procedures governing Diplomatic Relations and Treaties;
and
 To study the International Institutions and the mechanism for Settlement of
International Dispute .
Teaching Methodology
Maharashtra National Law University, Nagpur has framed its own teaching methodology
to train the students in learning and understanding of legal problems. The Teaching pedagogy
which will be used for this course will be a blend of various methods, tools and techniques.
The course will be taught involving Case Study Method, Lecture, and Discussion methods
of teaching etc.Further, the course will also involve a pragmatic approach along with a
theoretical understanding of the course.
Course Evaluation Method
The Course is assessed for 100 Marks in total. There shall be a Mid-Semester Exam for
20 Marks and End Semester Exam for 50 Marks. 25 Marks are allotted for the Project work
which includes 20 Marks for written research work and 5 Marks for presentation of Project.
5 Marks are allotted for attendance. The question papers shall be designed on a decided or
under-trial case based; therefore, students are advised to take classroom exercise seriously
and to develop their own application-based skills.
Course Outcomes
The course will cover the traditional major topics in the field of public international law
such as the sources and subjects of international law, the jurisdiction of states, and the
relationship between international law and the internal law of states. The subject will review
and discuss a number of international law cases decided by national and international
tribunals, as well as certain treaties, resolutions and other international legal instruments of
importance. After completion of the syllabus, students will be able to demonstrate knowledge
and understanding of:
 How and why it is that, political realities often constrain the application of
international law and marginalise it, where it might have been at its clearest and most
significant application;
 The relationship between international and national law and an appreciation of the
significant differences and similarities of international law and domestic law, sources
of International law and its development through these sources;
 The subjects of International Law and the concept of State Succession, Recognition
and Responsibility;
 The privileges and immunities that are enjoyed by the diplomats and counsels and
the laws and procedures for concluding and governing a Treaty; and
 The International Institutions and the mechanism for Settlement of International
Dispute employed under Public International Law

***
 COURSE CONTENTS

Module-I: Introduction to International Law [Teaching Hours 16]

1.1 Nature, Theories and Basis of International Law: Is International Law Real Law;
International Law: A Positive Morality; Debate amongst International Relations Theorists-
Realism, Liberalism; Theories that form the basis of International Law- Naturalist School,
Positivist School and Eclectic or Grotian Theory; International law in the Third World.
1.2 Evolution, Sources and Codification of International Law: Early Origins- Greek and
Roman Civilizations; The Middle Ages and Renaissance; Modern International Law- Grotius
and Nineteenth Century Developments; Distinction between Customary International Law,
Treaty Law, Jus Cogens and Erga Omnes Obligations.
1.3 Definitions of International Law: Oppenheim’s 8th Edition Definition; Oppenheim’s 9th
Edition Definition; Modern Definitions of International Law
1.4 Sanctions in International law and Weakness of International Law: Evolution of
Sanctions in International Law; Significance of Sanctions- Achieved through the Common
Consent of States, Re-establishment of Legal Order; Sanctions under the UN Charter; Lack
of Binding Character; A Fragmented International Legal System; Varying Dispute Resolution
Mechanisms; Absence of a Sovereign Authority; Outdated Legal Principles.
1.5 Relationship between International Law and Municipal Law: Monism; Dualism; Article
51(c) Constitution of India; Article 253 Constitution of India; Practice in U.K, USA and India.
Judicial References
Solomon v. Commissioners of Customs and Excise (1967) 2 Q.B.116
Ostime v. Australian Mutual Provident Society (1960)A.C 459
International Tin Council Case (J.H. Rayner Ltd
v. (Mining Law) Dept. of Trade and Industry (1990) 2.A. C. 418
Fothergill v. Monarch Airlines Ltd. (1981) A. C. 251
Philippson v. Imperial Airways Ltd. (1939) A. C. 332
Anglo Norwegian Fisheries Case: United Kingdom v Norway (1951) ICJ Rep 116
North Sea Continental Shelf Case: Netherlands and Denmark
v. West Germany ICJ.1969
Nicaragua Case : Nicaragua v. U.S.A. ICJ. 1986
Icelandic Fisheries Case : U.K. v. Iceland ICJ.1974
Malta-Libya Continental Shelf Case ICJ.1985
South China Sea Arbitration (Merits) Philippines v. China, PCA, 2016
Right of Passage over Indian Territory (Portugal v India) ICJ Reports 1960

Compulsory Readings
 Malcolm N. Shaw, International Law, 8th ed., Cambridge University Press, 2017, pp.
1-154.
 James Crawford, Brownlie’s Principles of Public International Law, 8th ed., Oxford
University Press, 2012, pp. 3-110.
 Martin Dixon (et al), Cases and Materials on International Law, 6th Ed, Oxford
University Press, 2016, pp. 1-54, 103-135.
 Shilpa Jain, Introduction to Public International Law, First Edition, Eastern Book
Company, 2016 pp.1-76.
 I.L.C. Draft Conclusions on Customary Law, UN Doc. A/CN.4/L.872 (2016)
Suggested Readings
 James F. Hogg, “What is International Law?” Readings in international law from the
Naval War College review, 1947-1977: role of international law and an evolving
 ocean law by Moore, John Norton, 1937- available at
https://archive.org/details/readingsinintern61moor
 L. Eslava, ‘Istanbul Vignettes: Observing the Everyday Operation of International Law’
(2014) 2 London Review of International Law 3. Available on SSRN at:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2385658
 R. McCorquodale, ‘Defining the International Rule of Law: Defying Gravity?’ (2016)
65:2 International and Comparative Law Quarterly 277.
 J. Katz Cogan, ‘The Regulatory Turn in International Law’ (2011) 52 Harvard
International Law Journal 322.
 Ahmadou Sadio Diallo (Republic of Guinea v. Democratic Republic of the Congo)
Merits, 2010 ICJ Reports 639, paras. 1 – 4; 15 – 25; 49 – 52; 63 – 69.
 S. Neff, Justice Among Nations (Harvard University Press, 2014).
 Oliver,J Lissitzyn, International Law To-day and Tomorrow (Oceana Publications Inc.
Dobbs Ferry Newyork, 1965)
 W.Friedman , The Changing Structure of International Law (1964)
 Myres McDougal “International Law and Social Science : A mild plea in Avoidance”,
A.J.I.L Vol 66
 Starke’s International Law, Eleventh Edition, Butterworth

Module-II: Subjects of International Law and State Succession, Recognition and

Responsibility [Teaching Hours 18]
2.1 Subjects of International law: Theories regarding subjects of international law- Realist
Theory, Fictional Theory, Functional Theory; States as subjects of International Law- Legal
Definition of a State; Non-state entities- The Sovereign Order of Malta, The Holy See and
the Vatican City, Insurgents and Belligerents, National Liberation Movements, International
Public Companies, Transnational Corporations; International Organizations.
2.2 Position of Individuals under International law: Asylum- Territorial or Internal Asylum,
Political Asylum, Refugee Asylum, General Asylum, Extra-territorial or External Asylum;
Extradition- Principle of Non-extradition of Nationals, Political Offence Exception, Double
Criminality, Principle of Specialty; Nationality; Statelessness; Rights and Duties of States
with regard to Aliens- Rights and Duties of Aliens upon Admission, Expulsion and
Reconduction of Aliens.
2.3 State Succession: Introduction to State Succession; Circumstances under which Succession
takes place; Types of State Succession- Universal Succession, Partial Succession; Theories
of State Succession; Effect of State Succession on United Nations Membership ; Succession
to treaties; Specific Issues concerning Succession to Treaties; Succession with respect to
matters other than treaties.
2.4 State Recognition: Recognition of States and its Legal Effects - Element of National
Interest, Legal effects of recognition, International effects of recognition ,Internal Effects of
Recognition; Recognition of Governments- Effective Control Doctrine,Doctrine of
Legitimacy, Estrada Doctrine; Theories of Recognition- Constitutive Theory, Declaratory
Theory; Modes of Recognition-De Facto and De Jure Recognition; Other forms of
Recognition- Collective Recognition, Pre-mature Recognition, Express Recognition,
Implied Recognition; Non-recognition and its Consequences.
2.5 State Responsibility: Nature of State Responsibility- Act or Omission resulting in the
Breach of International Obligations, State Responsibility is effectuated through acts
committed by Natural Persons, Responsibility arising out of wrongful acts of other States;
Question of fault- Fault or Subjective Theory, Risk or Objective Theory, Absolute Liability
Theory, Eclectic Theory of Responsibility; Invocation of State Responsibility; Breaches of
Peremptory Norms (Jus Cogens); Breach of Treaty Obligations and Contractual Obligations.
Judicial References
Tinoco Concessions Case (1923) 1 RIAA 369
Republic of Somalia v Woodhouse Drake Carey Suisse S.A. (1993) Q.B 54
Luther v Sagor (1921)3K.B.532
Civil Air Transport Inc v Central Air Transport Corporation (1953)AC
70
Federal Republic of Germany v Denmark; Federal Republic
of Germany v Netherlands (1969) ICJ Rep 3
Haile Selassie v Cable and Wireless Ltd (No.2) [1939]
ALB vAustrain Federal Ministry for the Interior (1922) 1 ILR 20
Military and Paramilitary Activities in and against Nicaragua
(Nicaragua v. United States of America), Merits, Judgment ICJ Reports
1986
Gabˇcíkovo-Nagymaros Project (Hungary v Slovakia) ICJ. Reports 1997
Reparation for Injuries Suffered in the Service of the
United Nations, Advisory Opinion ICJ. Reports 1949
Corfu Channel, Merits, Judgment ICJ. Reports 1949
United States Diplomatic and Consular Staff in Tehran, Judgment ICJ. Reports 1980
Nicaragua v United States of America ICJ. Reports 1986

Compulsory Readings
 Malcolm N. Shaw, International Law, 8th ed., Cambridge University Press, 2017, pp.
155-209, 329-409, 483-521, 589-639, 523-587.
 James Crawford, Brownlie’s Principles of Public International Law, 8th ed., Oxford
University Press, 2012, pp. 115-157, 447-486, 539-580, 509-533, 634-667.
 Martin Dixon (et al), Cases and Materials on International Law, 6th Ed, Oxford
University Press, 2016, pp. 136-182, 244-310, 399-449.
 Shilpa Jain, Introduction to Public International Law, First Edition, Eastern Book
Company, 2016 pp.77-127.
 ILC, “Draft articles on Responsibility of States for Internationally Wrongful Acts, with
commentaries 2001”, Yearbook of the International Law Commission, 2001, Vol. II,
Part Two.
Suggested Readings
 Georg Schwarzenberger and Edward D.Brown , A Manual of International Law ,6th Edn.
1976
 Crawford James, Brownlie’s Principles of Public International Law, 8th Edn., 2012,
Oxford University Press
 David Harris, Cases and Materials on International Law (2010)
 Mark Weston Janis, “Individuals as Subjects of International Law” 1984, Cornell
International Law Journal available at SSRN
 Cai, ‘New Great Powers and International Law in the 21st Century’(2013) European
Journal of International Law.
 Brad R.Roth, “Succession, Coups and the International Rule of Law: Assessing the
decline of the effective control doctrine”. Wayne State University Law School Research
Paper No 10-15. Available at SSRN
 Martin Dixon, “Recent development in United Kingdom Practice concerning the
recognition of states and governments”
 J. Vidmar, 'Explaining the Legal Effects of Recognition' (2012) 61International and
Comparative Law Quarterly.
  D.J. Devine, ‘The Requirements of Statehood Re-Examined’ (1971) Modern Law
Review.
 Stefan A.G Tolman, “The Constitutive versus the Declaratory doctrine of Recognition:
Tertium Non Datur?”(2004) 75 British Yearbook of International Law.
 Oscar Schachter, ‘The Decline of the Nation-State and its Implications for International
Law’ 36 Columbia Journal of Transnational Law 7-23, 1998
 R Cohen, ‘The Concept of Statehood in United Nations Practice’ (1961) University of
Pennsylvania Law Review.
 Martti Koskenniemi, ‘The Wonderful Artificiality of States’ in Proceedings of the Annual
Meeting (American Society of International Law) vol.88, p.22-29.
 T.D. Grant, ‘Territorial Status, Recognition, and Statehood: Some Aspects of the
Genocide Case (Bosnia and Herzegovina v. Yugoslavia)’ (1997) Stanford Journal of
International Law 305.
 Sir Robert Jennings & Sir Arthur Watts, Oppenheim’s International Law, Vol. 1, 502
(Pearson Education Ltd., Singapore, 9th Edn.- 1996)
 Hans Kelsen, General Theory of Law and State, 359 (The Lawbook Exchange Ltd., New
Jersey, Third Printing 2009).
 Alexandre Kiss, “State Responsibility and Liability for Nuclear Damage”, Denv. J. Int’l
L. & Pol’y, Vol. 35:1, (2006 )
 Antonio Cassese, International Law, 242 (Cambridge University Press, UK, 2nd Edn. -
2005).
 P Allott, “State Responsibility and the Unmaking of International Law” (1988) 29
Harvard Int’l L J 1
 James Crawford, The International Law Commission's Articles on State Responsibility:
Introduction, Text and Commentaries,1(Cambridge University Press, UK, 2002).
 Eduardo Jimenez de Arechaga & Attila Tanzi, “International State Responsibility”, in
Mohammed Bedjaoui (ed.), International Law: Achievements and Prospects, 347
(Martinuss Nijhoff Publishers, USA, 1991).
 Eduaro Fimenez de Arechaga, “International Responsibility”, in Max Sorensen (ed.),
Manual of Public International Law 531-604 (Macmillan, London, 1968).
 Antonio Cassese, Self-Determination of Peoples: A Legal Reappraisal 176 (Cambridge
University Press, 1995)
 F.V. Garcia- Amador, Louis B. Sohn, & Richard R. Baxter, Recent Codification of the
Law of State Responsibility for Injuries to Aliens, 14 (Library of Congress Publication
Data., USA, 1974).
 Professor Edwin M. Borchard, “Theoretical Aspects of the International Responsibility
of States”.
 Derek Jinks, “State Responsibility for the Acts of Private Armed Groups” (March 2003)
4 Chicago Journal of International Law.

Module-III: Diplomatic Relations and Law of Treaties [Teaching Hours 14]

3.1 Diplomats and Diplomatic Relations: Meaning; Classification and Functions of
Diplomats-Diplomatic Envoys -Classification of Diplomatic Envoys, Appointment of
Diplomatic Envoys; Rights, Privileges, and Immunities of Diplomatic Envoys- Basis of
Diplomatic immunity and privileges, Inviolability of Diplomatic Agents, Inviolability of
Premises, Staff and family Members, Waiver of Immunity; Termination of Diplomatic
Missions.
3.2 Consuls and Special Missions- Rights and Privileges of Consuls; Special Missions;
Difference between Diplomats and Consuls.
3.3 Treaties: Nature and Functions of Treaties; Distinction between Treaty, Convention,
Declaration and International Agreements; Types of Treaties- Bilateral Treaties and
 Multilateral Treaties; Treaty Formation- Formalities in Treaty Formation, Consent, Stages
involved in the Process of Treaty Formation; Parties to Treaties- Assignment of treaty rights
and obligations, Novation, Express or Necessary Implication.
3.4 Assent, Ratification and Entry into Force: Assent; Consent; Signature; Exchange
Instruments; Ratification; Consequences of non-ratification of a Treaty;Entry into Force.
3.5 Reservations, Revision, Amendment, Interpretation and Termination of Treaties:
Reservation by state parties; Amendment and modification; General Principles with respect
to Interpretation of Treaties- Grammatical Interpretation, and the Intention of the Parties,
Object and Context of Treaty, Reasonableness and Consistency, The Principle of
Effectiveness, Recourse to Extrinsic Material, Agencies of Interpretation, Instruments of
Interpretation; Suspension and Termination of treaties.

International Instruments
Vienna Convention on Diplomatic Relations,1961
Vienna Convention on Consular Relations,1963
Vienna Convention on the Law of Treaties,1969

Judicial References
United States Diplomatic and Consular Staff in Tehran
(United States of America v Iran), Judgment, ICJ. Reports 1980
Congo v Uganda. ICJ Reports 2005
La Grand Case (Germany v United States of America) ICJ Reports 2001
Fisheries Jurisdiction Case (1973) ICJ
Reports1973
Gabcikovo-Nagymaros Project (Hungary v. Slovakia) (1997) ICJ Reports1997
Military and Para Military Activities in and against Nicaragua
(Nicaragua v. U.S.A.(1986) ICJ Reports 1986

Compulsory Readings
 Malcolm N. Shaw, International Law, 8th ed., Cambridge University Press, 2017, pp.
684-723.
 James Crawford, Brownlie’s Principles of Public International Law, 8th ed., Oxford
University Press, 2012, pp. 367-394.
 Martin Dixon (et al), Cases and Materials on International Law, 6th Ed, Oxford
University Press, 2016, pp. 55-102.
 Shilpa Jain, Introduction to Public International Law, First Edition, Eastern Book
Company, 2016 pp. 129-162
Suggested Readings
 Wali Ullah, “The Treaty Making Power under the Constitution of India” (1971) 2 SCC J-
20
 W.E Conklin, ‘Peremptory Norms of the International Community’ (2012) 23:3 European
Journal of International Law
 Hameed, ‘Unravelling the Mystery of Jus Cogens in International Law’ (2014) 84 British
Yearbook of International Law 52.
 O. Corten & P. Klein (eds), The Vienna Conventions on the Law of Treaties (OUP 2011),
2 vol. (article by article commentary)
 W.M. Reisman, ‘Unratified Treaties and Other Unperfected Acts in International Law:
Constitutional Functions’ (2002) 35 Vanderbilt Journal of Transnational Law 729
 J. Klabbers, Concept of Treaty in International Law (Kluwer 1996)
  Orakhelashvili, ‘The Impact of Peremptory Norms on the Interpretation and Application
of United Nations Security Council Resolutions’ (2005) 16 EJIL 59
 J.E. Alvarez, ‘The New Treaty Makers’ (2002) 25:2 Boston College International and
Comparative Law Review 213
 ILC, Guide to Practice on Reservations To Treaties, UN Doc. A/66/10 (2011), para. 75.
 Pellet, ‘The ILC Guide to Practice on Reservations to Treaties: A General Presentation by
the Special Rapporteur’ (2013) 24:4 EJIL 1061.
 U. Linderfalk. On the Interpretation of Treaties. The Modern International Law as
Expressed in the 1969 Vienna Convention on the Law of Treaties (Springer, 2007).
 R. Gardiner, Treaty Interpretation (OUP, 2008).
 M.E. Villiger, The 1969 Vienna Convention on the Law of Treaties – 40 Years Later
(Chapter V: Interpretation of Treaties), Recueil des Cours (Académie de Droit
International de La Haye) vol. 344 (2011), 113-34.
 J. Arato, 'Subsequent Practice and Evolutive Interpretation: Techniques of
Treaty Interpretation' (2010) 9 Law & Practice of International Courts and Tribunals 443.
 D.J. Bederman, ‘Medellin’s New Paradigm for Treaty Interpretation’ (2008) 102 AJIL
529.
Module-IV: International Institutions and Settlement of International Dispute
[Teaching Hours 16]
4.1 International Institutions: Definition and Functions; Evolution- The concert of Europe,
The Hague System; Relationship between International organizations and International Law.
4.2 United Nations: Events leading to the formation of the United Nations, Failure of the
League of Nations, Declaration of St. James Palace (June 1941), Atlantic Charter (August
1941), Declaration by United Nations (1 January 1942), Moscow Declaration (October
1943) and Tehran Conference (December 1943), Dumbarton Oaks and Yalta Conference
(1944 - 1945),San Francisco Conference (1945);Purposes and Principles guiding the United
Nations; Principle of Non-intervention and its Exceptions.
4.3 Organs of the United Nations: The General Assembly- Functions and Powers of United
Nations General Assembly; The Security Council- Role of the United Nations Security
Council, Functions and powers of the United Nations Security Council; The Economic and
Social Council- ECOSOC Functions; The Trusteeship Council-Present status; The
Secretariat; The International Court of Justice- Composition, Ad hoc judges, Chambers,
Jurisdiction, Incidental Jurisdiction, Advisory Opinion.
4.4 Settlement of Disputes through the International Court of Justice: Pacific means-United
Nations Charter, Chapter VI, Arbitration, Judicial Settlement, Negotiation, Good Offices,
Mediation, Conciliation, Inquiry, Settlement under the aegis of the United Nations;
Compulsive means- Complaints, Retorsion, Reprisals-Hostile Embargo and Pacific
Blockade, Intervention.
4.5 International Institutions: Judicial Settlement: The Characteristics of the Judicial
Settlement of International Disputes; The Limits of the Principle of Consent to the Judicial
Settlement of International Disputes; Common Characters of the Judicial and the Arbitral
Settlements of International Disputes-The Independence and Impartiality of the Members of
the Deciding Body, Adversarial Proceedings and Equality between the Parties , A Decision
Binding upon the Parties, A Decision Usually Based upon International Law.

International Instruments
Charter of the United Nations, 1945
Statute of International Court of Justice, 1945
 Judicial References
Anglo Norwegian Fisheries Case: United Kingdom v. Norway ICJ Report1951
Asylum Case : Colombia v Peru ICJ Report 1950
North Sea Continental Shelf Case: Netherlands and
Denmark v. West Germany ICJ Reports
1969
Nicaragua Case : Nicaragua v. U.S.A. ICJ Reports
1986
Icelandic Fisheries Case : U.K. v. Iceland ICJ Reports
1974
Malta-Libya Continental Shelf Case ICJ Reports
1985
South China Sea Arbitration (Merits) Philippines v. China PCA, 2016
Right of Passage over Indian Territory (Portugal v India) ICJ Reports 1960
Corfu Channel Case (Merits) : United Kingdom v Albania, ICJ, 1951
Barcelona Traction Light and Power Company, Limited (Belgium v Spain)
Qatar v. Bahrain case ICJ Reports
1994
Democratic Republic of Congo v. Uganda
(Armed Activities in the territory of Congo) ICJ Reports
2005

Compulsory Readings
 Malcolm N. Shaw, International Law, 8th ed., Cambridge University Press, 2017, pp.
764-775, 803-849.
 James Crawford, Brownlie’s Principles of Public International Law, 8th ed., Oxford
University Press, 2012, pp. 718-743.
 Martin Dixon (et al), Cases and Materials on International Law, 6th Ed, Oxford
University Press, 2016, pp. 650-688.

Suggested Readings
 J. Collier V. Lowe, The Settlement of Disputes in International Law, Oxford University Press,
Oxford
 J. Marrills, International Dispute Settlement, Cambridge University Press, Cambridge
 A.K. Kaul, Dispute Settlement under WTO, Satyam Books Publication, New Delhi
 The Convention on Recognition and Enforcement of Foreign Arbitral Awards, 1958
(New York Convention)
 Permanent Court of Arbitration, Arbitration Rules 2012
 Declaration on Principles of International Law concerning Friendly Relations and
Cooperation among States in accordance with the Charter of the UN, 1971 ( G. A. Res.
2625, XXV of 24th October 1970).

List of Cases
1. Obligations Concerning Negotiations Relating to Cessation of the Nuclear Arms Race
and to Nuclear Disarmament (Marshall Islands v. India), 2014.
2. Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory, Order of 19 December 2003, I.C.J. Reports 2003, p. 428
3. Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium)
Judgment of 14 February 2002 ICJ Reports 2002, p. 3.
4. Case concerning Maritime delimitation and territorial questions between Qatar and
Bahrain Judgment of 16 march 2001, ICJ Reports 2001, p. 40.
5. LaGrand Case (Germany v. United States of America) Judgment of 27 June 2001, ICJ
Reports 2001, p. 466.
6. Aerial Incident of 10 August 1999 (Pakistan v. India) Jurisdiction of the Court,
Judgment of 21 June 2000. ICJ Reports 2000, p. 12.
7. Legality of Use of Force (Yugoslavia v. Belgium) Request for the Indication of
Provisional Measures Order of 2 June 1999, ICJ Reports 1999, p. 988.
8. Legality of Use of Force (Yugoslavia v. United States of America), Request for the
Indication of Provisional Measures, Order of 2 June 1999, ICJ Reports 1999, p. 916.
9. Kasikili/Sedudu Island (Botswana/Namibia) Judgment of 13 December 1999, ICJ
Reports 1999, p. 1045.
10. Land and Maritime Boundary between Cameroon and Nigeria, Preliminary Objections,
Judgment, I.C.J. Reports 1998, p. 275.
11. Application of the Convention on the Prevention and Punishment of the Crime of
Genocide (Bosnia and Herzegovina v. Yugoslavia) Counter Claims, Order of 17
December 1997, I.C.J. Reports 1997, p. 243.
12. Case Concerning Gabçíkovo-Nagymaros Project, (Hungary / Slovakia) Judgment of 25
September 1997 I.C.J. Reports 1997, p. 7.
13. Legality of the Use by a State of Nuclear Weapons in Armed Conflict (Request by
WHO) Advisory Opinion of 8 July 1996, I.C.J. Reports 1996, p. 66.
14. Application of the Convention on the Prevention and Punishment of the Crime of
Genocide (Bosnia and Herzegovina v. Yugoslavia), Preliminary Objections, Judgment
of 11 July 1996, I.C.J. Reports 1996, p. 595.
15. Legality of the Threat or Use of Nuclear Weapons Case Advisory Opinion, 1996 I.C.J.
Reports 1996, p. 226.
16. East Timor case (Portugal v. Australia) Judgment - 30 June 1995, ICJ Reports 1995 p.
90.
17. Maritime Delimitation and Territorial Questions between Qatar and Bahrain,
Jurisdiction and Admissibility, Judgment, I.C.J. Reports 1994, p. 112.
18. Application of the Convention on the Prevention and Punishment of the Crime of
Genocide, Provisional Measures, Order of 13 September 1993, I.C.J. Reports 1993, p.
325.
19. Maritime Delimitation in the Area between Greenland and Jan Mayen, Judgment, I.C.J.
Reports 1993, p. 38.
20. S.S Elizabeth Case, SCC (1993), Supp. (2)
21. Territorial Dispute (Libyan Arab Jamahiriya/Chad), Judgment, I.C.J. Reports 1994, p.
6.
22. Questions of interpretation and application of the 1971 Montreal Convention arising
from the aerial incident at Lockerbie (Libyan Arab Jamahiriya v. United States)
(provisional measures), Order of 14 April 1992, ICJ Reports p. 114.
23. U.S. v. Alvarez Machain, 112 S.Ct. 2188 (1992)
24. Land, Island and Maritime Frontier Dispute (El Salvador/Honduras: Nicaragua
intervening), Judgment of 11 September 1992, I.C.J. Reports 1992, p. 351.
25. Arbitral Award of 31 July 1989, Judgment, I.C.J. Reports 1991, p. 53. Rainbow Warrior
(New Zealand/France), UNRIAA, vol. XX, p. 217 (1990).
26. Applicability of the Obligation to Arbitrate under Section 21 of the United Nations
Headquarters Agreement of 26 June 1947 Advisory Opinion of 26 April 1988
I.C.J.Reports 1988, p. 12.
27. Border and Transborder Armed Actions (Nicaragua/Honduras), Jurisdiction and
Admissibility, Judgment, I.C.J. Reports 1988, p. 69.
28. Case Concerning Elettronica Sicula S.p.A. (ELST) (U.S. v. Italy), [1989] I.C.J. Reports
p. 15.
29. Applicability of Article VI, Section 22, of the Convention on the Privileges and
 Immunities of the United Nations, Advisory Opinion of 15 December 1989 I.C.J.
Reports 1989, p. 177.
30. United Nations Secretary-General: ruling on the Rainbow Warrior affair between
France and New Zealand 26 I.L.M. 1346 (1987).
31. Military Activities in and Against Nicaragua, [1986] I.C.J. Rep. 14.
32. Case Concerning the Frontier Dispute (Burkina Faso/Mali), [1986 I.C.J. Reports 1986,
p. 554.
33. Continental Shelf (Libyan Arab Jamahiriya/Malta), I.C.J. Reports 1985, p. 13.
34. Filartiga v. Peña-Irala, 630 F.2d 876 (2d Cir. 1980); 19 I.L.M. 966.
35. U.S. Diplomatic and Consular Staff in Tehran Case, [1980] I.C.J. Reports 1980, p. 3.
36. Texaco v. Libya (1977) 53 I.L.R. 389; 17 Int. Leg. Mat. 1
37. Western Sahara Case Advisory Opinion, [1975] I.C.J. Reports 1975, p. 12.
38. Fisheries Jurisdiction Case (United Kingdom v. Iceland) (merits) judgment of 25 July
1974, ICJ Reports 1974, p. 3.
39. Nuclear Test Cases (Australia v. France & N.Z. v. France), [1974] I.C.J. Reports 1974,
p. 253.
40. Namibia Case Advisory Opinion, 1970 I.C.J. Reports 1971, p. 16
41. Barcelona, Traction Light and Power Co. Case, Belgium v. Spain [1970] I.C.J. Reports
1970, p. 3.
42. North Sea Continental Shelf Cases (FRG v. Denmark & Netherlands), [1969] I.C.J.
Reports 1969, p. 3.
43. Rann of Kutch Arbitration, India and Pakistan, award dated February 19, 1968.
44. Case concerning the temple of Preah Vihear (Merits), Judgment of 15 June 1962, ICJ
Reports 1962, p. 6.
45. Certain Expenses of the United Nations (Article 17, paragraph 2, of the Charter),
Advisory Opinion, I.C.J. Reports 1962, p. 157.
46. Attorney General of Israel v. Eichmann (1961), 36 I.L.R. 277 (Israel Sup. Ct.).
47. Right of Passage over Indian Territory Case, [1960] I.C.J. Reports 1960, p. 6.
48. Interhandel Case (Switzerland v. the United States of America), (Interim Protection)
Order of 24 October 1957, ICJ Reports 1957. p. 125.
49. Nottebohm Case (Second Phase) Principality of Liechtenstein v Republic of
Guatemala, [1955] I.C.J. Reports 1955, p. 4.
50. Minquiers and Ecrehos Case the United Kingdom and France, Judgment of 17
November 1953, ICJ Reports 1953, p. 47.
51. Reservations to the Convention on Genocide Case Advisory Opinion, [1951] I.C.J.
Reports 1951, p. 15.
52. Fisheries Case United Kingdom of Great Britain and Northern Ireland v. Norway,
Judgment of 18 December 1951, ICJ Reports 1951, p. 116.
53. Asylum Case (Columbia v. Peru), [1950] I.C.J. Reports 1950, p. 266.
54. Competence of the General Assembly for the admission of a state to the United Nations,
Advisory Opinion of 3 March 1950, ICJ Reports 1950, p. 4.
55. Interpretation of Peace Treaties with Bulgaria, Hungary and Romania, First Phase,
Advisory Opinion, I.C.J. Reports 1950, p. 71.
56. Reparation for injuries suffered in the service of the United Nations, Advisory Opinion,
[1949] I.C.J. Reports 1949, p. 174.
57. Corfu Channel Case (Merits) (U.K. v. Albania), [1949] I.C.J. Reports 1949, p.
58. Conditions of Admission of a State to Membership in the United Nations (Article 4 of
Charter) Advisory Opinion of 28 May 1948, ICJ Reports 1948, p. 57.
59. Diversion of Water from the Meuse Case (1937), P.C.I.J. (Ser A/B) No. 70.
60. Legal Status of Eastern Greenland Case (Denmark v. Norway), (1933) P.C.I.J. Rep.
(Ser. A/B) No. 53.
61. Exchange of Greek and Turkish Populations, Advisory Opinion, PCIJ, 1930, Ser B. No.
 10.
62. Clipperton Island Arbitration, France and Mexico (1931).
63. Trail Smelter Arbitration (U.S. v. Canada) (1931-41), 3 R.I.A.A. 1905.
64. Attorney General for Canada VS. Attorney General for Ontario (1937 A.C. 326.
65. Naulilaa Arbitration (Portugal v. Germany), (1928) 2 RIAA 1012.
66. Island of Palmas (Miangas) Case, Netherlands v. United States, Permanent Court of
Arbitration (1928), 2 U.N. Rep. Int'l Arbitral Awards 829.
67. Case Concerning the Factory at Chorzow Germany v. Poland, 1927 07 26: Judgment
No. 8 (PCIJ, Ser. B., No. 3, 1925.)
68. Steamship Lotus (France v. Turkey) (1927), P.C.I.J. (Ser. A) No. 10
69. Certain German Interests in Polish Upper Silesia, PCIJ, Ser. A., No. 6, (1925).
70. Mavrommatis Palestine Concessions Case (1924) P.C.I.J., Ser. A No. 2
71. S.S. Wimbledon case, UK, France, Italy, Japan v. Germany, 1923 06 28: Order
(Intervention) (PCIJ, Ser. A., No. 1, 1923)
72. Nationality Decrees Issued in Tunis and Morocco (French Zone) on November 8th,
1921, 1923 2 07: Advisory Opinion No. 4 (PCIJ, Ser. B., No. 4, 1923)
73. Tinoco Arbitration (Great Briton v. Costa Rica) (1923) 1 R.I.A.A. 375
74. International Commissions of Inquiry: Germany-Netherlands: Tubantia Inquiry, March
30, (1921).
75. International Commissions of Inquiry: France-Italy: Tavignano, Canouna and Galois
Inquiry, May 20, (1912).
76. International Commissions of Inquiry: Great Britain - Russia: North Sea Incident
Inquiry, November 25, (1904).
77. The Paquete Habana, 175 U.S. 677 (1900).
78. Arbitral Award of 14 September 1872 in the Alabama case between Great Britain and
the United States.
79. The Caroline (1837) 2 Moore 409.