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SYLLABUS AND LECTURE PLAN OF INTERNATIONAL LAW, 2014 ASMATULLAH KAKAR

UNIVERSITY LAW COLLEGE, QUETTA

TABLE OF CONTENTS:

1. HEC Prescribed Syllabus…………………………………………...………..1

2. Redesigning of Syllabus by Tutor…….…………………………………...…2

3. Recommended Books Books………………………………………..……….3

4. Lecture Plan…………………………..……………………………….. ……4

1. HEC PRESCRIBED SYLLABUS:

Following is the syllabus of International Law, to be taught to the students of LL.B. I prescribed by HEC.

Chapter 1: Nature, origin and Basis of International Law

Chapter 2: Material Sources of International Law

Chapter 3: Subjects of International Law

Chapter 4: Relation between International and State law

Chapter 5: States in General

Chapter 6: Recognition

Chapter 7: State Territorial Sovereignty

Chapter 8: State Jurisdiction

Chapter 9: State Responsibility

Chapter 10: Succession to Rights and obligations

Chapter 11: The State and the Individual

Chapter 12: The State and the economic interest

Chapter 13: Diplomatic Envoys, Councils and other Representatives

Chapter 14: The Law and Practice as to Treaties

Chapter 15: The International Disputes

Chapter 16: War, Armed Conflicts and other Hostilities

Chapter 17: Neutrality

Chapter 18: International Humanitarian Law

Chapter 19: International Institutions including International Criminal Court

Note: For the Academic Session, 2014, I want to skip the following Chapters:

Chapter 1: State Responsibility

Chapter 2: Succession to Rights and Obligations

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Chapter 3: The State and Economic Interest

Chapter 4: War, Armed Conflict and Hostilities

Chapter 5: International Institutions including International Criminal Court

Chapter 6: Diplomatic Envoys, Councils and other Representatives

Chapter 7: International Institutions

Therefore, the revised Syllabus may be redesigned as under:

2. REDESIGNING OF SYLLABUS BY TUTOR:

However, looking at the psychology, mode and level of students, I I would redesign the syllabus as under:

PART – I INTRODUCTION

Unit 1: What is International Law?

Meaning, Definition, Kinds, Basis of International Law, Weaknesses of International Law, Sanctions in International Law.

Unit 2: Nature of International Law Schools of International Law, Whether International Law a Law in the True sense or not? International Law is a Law in True Sense. International is not Law in True Sense. International is a Law but a Weak Law. International Law is a mere Positive Morality.

Unit 3: Subjects of International Law International Legal Personality-Meaning and Definition, Subjects of International Law, Theory Regarding Subjects of International Law, Place of Individual in International Law.

Unit 4: Relationship between International Law and Municipal Law Theories: Monism, Dualism and Harmonization, Specific Adoption Theory, Transformation Theory and Delegation Theory.

Unit 5: Sources of International Law Sources: Meaning and Nature, International Customs, Treaties, General Principles of Law Recognized by Civilized Nations, Decisions of Judicial or Arbitral Tribunals, Juristic Works, Decisions or Determinations of the Organs of the International Institutions, ex aequo et bono, Equity and Justice, Order of the Use of Sources of International Law, Other Possible Sources of International Law: The International Law Commission, Other Bodies, Unilateral Acts.

PART – II STATE AND CONCEPTS RELATING TO STATE

Unit 6: States in General State: Definition, Nature and Brief History, Essentials of a State, Functions of State, Types of State

Unit7: Recognition Meaning, Definition, Essentials, Theories, Modes of Recognition, Difference between De jure and De facto Recognition. Recognition of Insurgency, Recognition of Belligerency, Impacts of Recognition, Consequences of Non-Recognition.

Unit 7: State Territorial Sovereignty Concept of Territory, Territorial Sovereignty, Acquisition and Loss of State Territory, Types of State Territory, Territorial Sovereignty.

Unit 8: State Jurisdiction

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Meaning, Distinction between Exercise and Basis of Jurisdiction, Civil Jurisdiction, Criminal Jurisdiction and its Principles, Extra-territorial Jurisdiction.

Unit 9: The State and the Individual Place of Individual under International Law, Rights of Individual under International Law, Obligations of Individual, Nationality, Domicile and Citizenship

PART – III: INTERNATIONAL DISPUTES

Unit 10: Introduction to International Disputes Meaning and origin, Effects, Means of Settlement of International Disputes.

Unit 11: International Humanitarian Law (IHL) Meaning, Nature, Scope and Brief History, jus ad bellum and jus in bello, Sources, Types of Conflicts, Characteristic of IHL.

Unit 12: International Judicial Forums ICJ, ICC and Permanent Court International Arbitration – Their scope, Nature, Composition and Jurisdiction.

3. RECOMMENDED BOOKS:

1. BROWNIE, I., PRINCIPLES OF PUBLIC INTERNATIONAL LAW, 2ND ED., (OXFOR:1973,

REP. 1977), OXFORD UNIVERSITY PRESS.

2. OPPENHEIM, L., INTERNATIONAL LAW-A TREATIES, (LAUTHERPACHT ED.), VOL

1&II, 8TH ED., 8TH IMPRESSION, 3RD REP., (LAHORE), ALAMEEN PUBLICATIONS

PRESS

3. INTRODUCTION TO INTERNATIONAL LAW BY J G STARKE.

4. BRIERLY, J.L., THE LAW OF NATIONS, (NEW DEHLI: 2007) COSMO PUBLICATIONS

5. TANDON, L.N., S.K. KAPOOR, INTERNATIONAL LAW, 5TH REVISED ED., (LAHORE),

MANSOOR BOOK HOUSE

6. HARRIS, DJ, CASES AND MATERIALS ON INTERNATIONAL LAW, 6TH ED. (INT’L

STUDENTS ED.), (RAWALPINDI) T.S. PRINTERS, NATIONAL BOOK FOUNDATION.

ISLAMABAD.

7. LEVI, WERNER, CONTEMPORARY INTERNATIONAL LAW – A CONCISE

INTRODUCTION, (USA: 1979), WESTVIEW PRESS

8. CASSESE, ANTONIO, INTERNATIONAL IN A DIVIDED WORLD, (NEW YORK:1986),

OXFORD UNIVERSITY PRESS

9. SHAW, N. MALCOLM, INTERNATIONAL LAW, 4TH ED.

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4. LECTURE PLAN:

Academic session, 2014 is starting formally from 1st June and may end in the last week of

October. Therefore, there would be 20 weeks in this academic session. However, there are

public holidays, festivals and summer vacations. This lecture plan is designed in

accordance with the number of 17 total weeks reserving three weeks for holidays etc. The

course is assessed to be completed along with revision in 17th working week of the

academic session provided that in Class time table two periods, each of 40 to 50 minutes,

have been allocated to International Law per week. It is important to mention here, that this

timeline is crucial and if due to any reason the estimated classes could not be obtained it

will directly affect the completion of the syllabus.

However, for LL.B. II (Morning Session) there are 3 three classes. The third class on Friday

may entitled as Tutorial of International Law, where we will discuss the tutorial topic

concerning International Law. The details of which shall be provided weekly.

The lectures plan is as under:

L. No.*

Topic Weak L. No.*

Topic Weak 1 Orientation Lecture 1st

17 Territorial Sovereignty – II 9th

2 What is International Law? 1st

18 Territorial Sovereignty – III 9th

3 What is International Law? (Continue)

2nd 19 State Jurisdiction – I 10th

4 Nature of International Law: Schools, Is it a Law?

2nd 20 State Jurisdiction – II 10th

5 Nature of International Law: Law, Not Law, Weak Law

3rd 21 The State and the Individual – I

11th

6 Nature of International Law: Mere Positive Morality

3rd 22 The State and the Individual – II

11th

7 Subjects of International Law

4th 23 The State and the Individual – III

12th

8 Relationship between Int’l & Municipal Law: Legal Personality, Theories

4th 24 Introduction to Int’l Disputes – I

12th

9 Relation b/w Int’l & Municipal Law: Place of Individual in Int’l Law

5th 25 Introduction to Int’l Disputes - II

13th

10 Sources of Int’l. Law - I 5th

26 IHL – I 13th

11 Sources of Int’l. Law – II 6th

27 IHL – II 14th

12 Sources of Int’l. Law – III 6th

28 IHL – III 15th

13 States in General 7th

29 IHL – IV 15th

14 Recognition – I 7th

30 Int’l Judicial Forums - I 16th

15 Recognition – II 8th

31 Int’l Judicial Forums – II 17st

16 Territorial Sovereignty – I 8th

32 Int’l Judicial Forums - III 17st

Lecture Number