Tribhuvan University, Public International Law, Law 303, Year: 1, Full Marks: 100, Pass Marks: 35, LL.B., Compulsory Subject.
Course Objectives
The main objectives of this course are:
- to impart an understanding of Public International Law and its meaning, basis, historical background and general principles of law to the students.
- to enable the students to make critical appraisal of the contemporary international issues at the backdrop of International law vis-a-vis municipal law, case law and practices including that of Nepal.
Unit-1: Introduction
1.1 Definition
1.2 Origin and importance
1.3 Nature and basis of International law
1.4 General Principles and Rules of Public International law
1.5 The relation between International Law and Municipal Law shall be appraised at the backdrop of Nepal Treaty Act
Unit - 2: Sources of Internatinal Law and Codification
2.1 Treaties
2.2 Custom
2.3 General principles of law
2.4 Judicial Decision
2.5 Writings of the publicists
2.6 Resolution of the General Assembly and Security Council.
2.7 Draft Conventions
2.8 Modern trends (including consideration of Humanity Unilateral Declaration)
Unit -3: Subject of International Law
3.1 Concept of State and Sovereignty
3.2 Modes of Acquiring an Losing State Territory
3.3 International institutions
3.4 Individuals
Unit-4: Recognition
4.1 Meaning and Nature of Recognition
4.2 Recognition of Government and State
4.3 Effect of Recognition and Non-recognition
44 Defacto and Dejure Recognition
Unit-5: Nationality
5.1 Meaning, Importance and Function
5.2 Modes of Acquiring and Losing Nationality
5.3 Statelessness/Migration/IDPs/Refugees/Aliens
5.4 Double nationality (Non-resident Nepali Act)
5.4.1 Asylum
i) Meaning and Function
ii) Types of Asylum
iii) Right and Duties of Asylum-Seekers vis-a-vis. Asylum Granting State.
5.4.2 Extradition
i) Meaning and Function
ii) Basis of Extradition as Developed by International Law vis-a-vis Nepal Extraditio Act.
iii) Mutual Legal Assistance Treaty
5.5 State Responsibility
5.5.1 Conditions for International Responsibility
5.5.2 Consequences of an Internationally Wrongful Act
5.5.3 Diplomatic Protection of Nationals
5.5.4 Treatment of Aliens
5.5.5 Exhaustion of Local Remedies
Unit-6: Jurisdiction
6.1 Concept of Jurisdiction
6.2 Territorial Jurisdiction
6.3 Personal Jurisdiction
6.4 Maritime Jurisdiction
6.5 Jurisdiction in Aero-space
Unit-7: Immunities and Privilege
7.1 Diplomatic Privilege and Immunities
7.2 Consular Privilege and Immunities
7.3 Privilege and Immunities of Special Missions
7.4 Privilege and Immunity of Foreign States
7.5 Immunity and Privileges of International Organization
7.6 Limitations on Immunities
7.7 Nepalese Context
Unit-8: Statehood and State Succession
8.1. Theory of State Succession
8.2 Succession of State
8.3 Succession of Government
8.4 Succession of International Organization
Unit-9: Treaties
9.1 Meaning and Importance of Treaties
9.2 Concept of Jus Cogens, PactaSuntServanda and Rebus Sic Stantibus
9.3 Types of Treaties
9.4 Conclusion and Entry into Force of Treaties
9.5 Reservation of Treaties
9.6 Ratification of Treaties
9.7 Interpretation of Treaties and Travaux Preparatoires
9.8 Invalidity, Termination or Suspension of the Operation of Treaty
9.9 Effects of War on Treaties
9.10 Treaty making power under the Constitution of Nepal and Nepal Treaty Act.
Unit 10: Settlement of International Disputes
10.1 Peaceful means
10.1.1 Inquiry and Negotiations
10.1.2 Mediation and Good offices
10.1.3 Conciliation
10.1.4 Arbitration
10.1.5 Judicial settlement
10.1.6 Efforts of UN and Regional Organizations
10.2 Compulsive means
10.2.1 Retortion, Retaliation and Reprisals
10.2.2 Embargo and Pacific Blockade
Unit-11: Use of Force and War
11.1 Definition of War
11.2 Attempts for an Outlawry of War
11.3 Principles on prohibition of use of force under the UN Charter
11.4 Definition of Aggression
11.5 Self-defense and Collective Security
11.6 Intervention by Invitation
Unit-12: International Humanitarian Law
12.1 Meaning, Nature, Principles, Scope and Sources of IHL
