Contents
PART I—INTERNATIONAL LAW
CHAPTER 1
Definition and Concept of International law
Definition
Public International Law and Private International Law
General International Law and Particular International Law
Nature of International Law
International Law is a True Law
International Law is a Weak Law
International Law is the Vanishing point of Jurisprudence
Basis of International Law
Functions of International Law
Sanctions in International Law
CHAPTER 2
Sources of International Law
Custom
Treaties
General Principles of Law Recognised by the Civilized Nations
Judicial Decisions
Writings of Jurists
Equity
Resolutions of the General Assembly
CHAPTER 3
Historical Development of International Law
International Law in Ancient Period
Ancient India and International Law
International Law in Middle Ages
Grotius
Three Schools of International Law
International Law in Nineteenth Century
International Law in Twentieth Century
CHAPTER 4
Relationship of International Law
and Municipal Law
Dualistic Theory
Monistic Theory
Practice of States Regarding Relationship
CHAPTER 5
Codification of International Law
Work of the First and Second Hague Peace Conference
Codification Under the League Of Nations
Codification Under the United Nations
International Law Commission (ILC)
United Nations Commission for International Trade Law (UNCITRAL)
General Assembly
Specialized Agencies
CHAPTER 6
Subjects of International Law
Realist Theory
Fictional Theory
Functional Theory
CHAPTER 7
Population
Territory
Government
Capacity to enter into Relations with Other States
Kinds of States
Sovereign States
Not-Fully Sovereign States
Protectorate States
Vassal States
Federal States
Commonwealth
Associated States
Trust Territories
Not-Typical States
Holy See
Neutralized States
Free Cities
Rights and Duties of States
Economic Rights and Duties of States
CHAPTER 8
Recognition
RECOGNITION OF STATES
Law on Recognition of States
Theories of Recognition
Forms of Recognition
Modes of Recognition
Recognition of Government-in-exile
Pre-mature or Precipitate Recognition
Conditional Recognition
Consequences of Recognition
Is Recognition a Duty of a State
Withdrawal of Recognition
Retroactive Effects of Recognition
Recognition of Governments
Recognition of Belligerency
Recognition of Insurgency
CHAPTER 9
State Territory
Land Territory
National Waters
Rivers
Canals
Straits
Bays
Lakes and Land-Locked Seas
Territorial Sea
Air Space
Subsoil Under Earth
CHAPTER 10
Law of The Sea
First and Second United Nations Conference on the Law of the Sea
Third United Nations Conference on the Law of the Sea (UNCLOS III)
Convention on the Law of the Sea, 1982
Territorial Sea (formerly called the Territorial Waters)
Innocent Passage
Contiguous Zone
Continental Shelf
Exclusive Economic Zone : (EEZ)
Waters of the Archipelagic States
High Seas
Freedom of the High Seas
Piracy
Land-locked States
Deep Sea Mining
International Sea-bed Area
International Sea-bed Authority
Mining System
Settlement of Disputes
International Tribunal for the Law of the Sea (ITLOS)
The M/V Saiga Case
Developments after the Adoption of the Convention of 1982
Preparatory Commission
Pioneer Investors
Provisional Understanding
CHAPTER 11
Outer Space, The Moon and Antarctica
Outer Space
Law on Outer Space
Outer Space Treaty (1967)
The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (1968)
The Convention on International Liability for Damage Caused by Space Objects (1971)
The Convention on the Registration of Objects Launched into Space for the Exploration or Use of Outer Space (1974)
Draft Principles on Remote Sensing of the Earth from Outer Space
Prevention of Arms Race in Outer-Space
The Moon and other Celestial Bodies
Star Wars
Antarctica
CHAPTER 12
Acquisition and Loss of State Territory
Modes Of Acquisition of State Territory
Occupation
Annexation
Accretion
Prescription
Cession
Cession and Lease
Award
Plebiscite
Modes of Loss of State Territory
Secession
Grant of Independence by the Metropolitan State
Dereliction (or Abandonment or Relinquishment)
Vanishment (or Disappearance)
CHAPTER 13
State Succession
Kinds of State Succession
Universal Succession
Partial Succession
State Succession—Voluntary and by Revolt
Succession of State and Government
Theories of State Succession
Law of State Succession
International Law Commission
Consequences of State Succession
Treaties
Membership of International Organizations
Public Property
State Archives
Public Debt
Contracts
Torts
Laws
Nationality
Private Rights
State Succession and India
CHAPTER 14
State Jurisdiction
Territorial Jurisdiction
Civil Jurisdiction
Criminal Jurisdiction
Jurisdictional Immunity of States
Jurisdiction on the High Seas
Jurisdiction on Aircraft
Jurisdiction on Antarctica and Outer-space
CHAPTER 15
State Responsibility
Law on State Responsibility
Kinds of State Responsibility
Direct State Responsibility
Indirect State Responsibility
State Responsibility for the Acts of Corporations
Calvo clause
State Responsibility to Other Subjects of International Law
Consequences of States Responsibility
CHAPTER 16
Place of Individuals in International Law
Rights of Individuals
Duties of Individuals
CHAPTER 17
Nationality
Definition
Nationality and Citizenship
Modes of Acquisition of Nationality
Modes of Loss of Nationality
Double Nationality
Nationality of Married Women
Statelessness
Nationality and India
Overseas Citizenship of India (OCI)
CHAPTER 18
Aliens
Admission of Aliens
Rights of Aliens
Exhaustion of Local Remedies Rule
Duties of Aliens
Expulsion of Aliens
Expulsion en masse of Aliens
Expropriation of Alien Property
Aliens and India
CHAPTER 19
Extradition
Definition
Purpose of Extradition
Is Extradition a Legal Duty of a State ?
Extradition and Deportation
Law of Extradition
Extradition Treaties
Extradition of Political Offenders
Doctrine of Double Criminality
Rule of Speciality
Prima Facie Evidence
Time-barred Crimes
Extradition of Own Nationals
Military Offenders
Extradition for an Offence of Fiscal Character
Extradition of Foreign Nationals for Crimes committed in Foreign Countries
Extradition and Human Rights Violations
Extradition Law in India
Asylum
Definition
Law on Asylum
Basis of Asylum
Reasons for Asylum
Is Asylum a Right of a person?
Forms of Asylum
Territorial Asylum
Extra-Territorial Asylum
Indian View on Diplomatic Asylum
Asylum in the Premises of International Institutions
Asylum and Extradition
CHAPTER 21
Diplomatic Agents
Law on Diplomatic Agents
Classification of Diplomatic Agents
Staff of a Diplomatic Mission
Functions of Diplomatic Agents
Diplomatic Immunities
Basis of Diplomatic Immunities
Immunities and Privileges of Diplomatic Agents
Waiver of Immunity
Immunities During Armed Conflict
Duration of Immunities
Immunities to Diplomatic Agents and Third States
Termination of Diplomatic Mission
Termination of the Head of the Mission
Termination of the Mission as a whole
Suspension of the Diplomatic Relations
Diplomatic Agents and India
Consuls and Special Missions
Consuls
Classification of Consuls
Functions of Consuls
Privileges and Immunities of Consuls
Special Missions
CHAPTER 23
Definition
Kinds of Treaties
Who Can be Parties to a Treaty?
Formation of a Treaty
Certain General Principles of Treaties
Pacta Sunt Servanda
Free Consent of the Parties
Reservations
Pacta Tertis Nec Nocent Nec Prosunt
Jus Cogens
Part Performance of a Treaty
Rebus Sic Stantibus
Invalidity of Treaties
Termination of Treaties
International Organisations
Definition
Kinds of International Organisations
Law of International Organisations
Legal Personality of the Organisations
Legal Functions of the Organisations
Evolution of International Organisations
League of Nations
United Nations Organisation
Declaration of St. James Palace (1941)
Atlantic Charter (1941)
United Nations Declaration (1942)
Moscow Declaration (1943)
Tehran Declaration (1943)
Dumbarton Oaks Conference (1944)
Yalta Conference (1945)
San Francisco Conference (1945)
Preamble of the United Nations
Purposes of The United Nations
Principles of the United Nations
Membership of the United Nations
Original Members
Subsequent Members (Admission of a Member)
Suspension of a Member
Expulsion of'a Member
Withdrawal From the Organisation
Observer and Permanent Observer Status
Self-Defence
Regional Arrangements
Amendments
Legal Status of the United Nations
Peace-keeping Operations
Standby Arrangement System (SAS)
Declaration on the Occasion of the 50th Anniversary of the United Nations
2005 World Summit Outcome
Achievements of the United Nations
Nobel Peace Prize to the United Nations and its Organisations and Individuals
Reforms in the United Nations
Organs of the United Nations
CHAPTER 26
General Assembly
Composition
Voting System
Functions and Powers
Effect of the Resolutions of the General Assembly
Structure of the General Assembly
CHAPTER 27
Security-Council
Composition
Expansion of the Membership of the Security Council
India’s case for the Permanent Seat in the Security Council
Voting System
Veto Power
The So-called ‘Double Veto’
Functions of the Security Council
Collective Security
Use of Force by the United Nations
Collective Action in
Gulf Crisis Gulf War II (2003)
Military Operation in Somalia
Military Operation in Rwanda
Invasion of Haiti
Military operation in Libya
Economic and Social Council
Composition
Voting System
Powers and Functions
Functions Relating to ‘Specialized Agencies’
Functional Commissions
Regional Commissions
Trusteeship Council
Trusteeship Council
Achievements Of The Trusteeship Council
Suspension of the Operation of the Trusteeship Council.
Independence of Namibia
The Secretariat
Composition
Appointment of the Secretary-general
Functions of the Secretary-General
Appointment of Deputy Secretary-General.
International Court of Justice
Successor to the Permanent Court of International Justice
Composition of the Court
Access to the Court
States
International Organizations
Individuals
Jurisdiction of the Court
Contentious Jurisdiction
Advisory Jurisdiction
Law Applied by the Court
Judgment of the Court
Enforcement of the Judgment
Third State and the Decision of the Court
Evaluation of the Court
Role of the Court In the Development of International Law
CHAPTER 32
Specialized Agencies
(1) International Labour Organisation (ILO)
(2) Food and Agriculture Organisation (FAO)
(3) United Nations Educational, Scientific and Cultural Organisation (UNESCO)
(4) World Health Organisation (WHO)
(5) International Bank for Reconstruction and Development (IBRD)
(6) International Finance Corporation (IFC)
(7) International Development Association (IDA)
(8) International Monetary Fund (IMF)
(9) International Civil Aviation Organisation (ICAO)
(10) Universal Postal Union (UPU)
(11) International Telecommunication Union (ITU)
(12) World Meteorological Organisation (WMO)
(13) International Maritime Organisation (IMO)
(14) International Fund for Agricultural Development (IFAD)
(15) World Intellectual Property Organisation (WIPO)
(16) United Nations Industrial Development Organisation (UNIDO)
(17) World Tourism Organisation (WTO)
CHAPTER 33
Settlement of Disputes
Legal and Political Disputes
Amicable Means (Pacific Means)
Extra-Judicial Peaceful means
Negotiation
Good Offices and Mediation
Conciliation
Inquiry
By the United Nations
Judicial Settlement
Arbitration
International Court of Justice
Compulsive or Coercive Means
Retortion
Reprisals
Embargo
Pacific Blockade
Intervention
CHAPTER 34
Intervention
Definition
Intervention by Invitation or on Request
Kinds of Intervention
Justification of Intervention
Intervention by a State (Individual Intervention)
Prohibition on Intervention
Collective Intervention
Humanitarian Intervention
Intervention in Civil War
Monroe Doctrine
Drago Doctrine
CHAPTER 35
War
Definition of War
Declaration of War
Legal Regulations on War
War and the United Nations
Effects of the Outbreak of War
CHAPTER 36
Enemy Character
Enemy Character of Individuals
Enemy Character of Corporation
Enemy Character of Goods
Enemy Character of Ships
CHAPTER 37
Laws of Warfare
Laws of Land Warfare
Combatants and Non-Combatants
Treatment of Wounded and Sick Members of the Armed Forces
Treatment of Civilian Persons in Time of War
Prisoners of War
Laws of Maritime Warfare
Laws of Aerial Warfare
Legality of Nuclear War
Belligerent Occupation
Definition
Consequences of Occupation
Rights of the Occupant
Duties of the Occupant
Termination of Occupation
Occupation of Kashmir by Pakistan
Israeli-Occupied Territories
CHAPTER 39
War Crimes
Responsibility for War Crimes
War Crimes During Second World War
Nuremberg Trial
Tokyo Trial
National War Crimes Tribunals
Other War Crimes Tribunals
Mai Lai Trial
Trial of Pakistani War Criminals
International Criminal Tribunal for Former Yugoslavia (ICTY)
International Tribunals for Rwanda (ICTR)
Special Court for Sierra Leone (SCSL)
Special Tribunal for Lebanon
War Crimes and the United Nations
CHAPTER 40
Neutrality
Definition
Neutrality in Armed Conflicts
Development of Neutrality
Neutrality Under the United Nations
Rights and Duties of Neutral States
Kinds of Neutrality
CHAPTER 41
Blockade
Definition
Law on Blockade
Establishment of Blockade
Breach of Blockade
End of Blockade
So-called ‘Long-distance Blockade’
CHAPTER 42
Definition
Kinds of Goods
Destination
The Doctrine of Continuous Voyage
Consequences of Carriage of Contraband
CHAPTER 43
Prize Courts
Definition
Functions of The Prize Courts
Law Applied by The Prize Courts
Effect of the Decisions of The Prize Courts
Prize Courts in India
CHAPTER 44
Unneutral Service
Unnatural Service
Right of Visit And Search
CHAPTER 45
Right of Angary
Definition
CHAPTER 46
Postliminium
Limitations of Postliminium
CHAPTER 47
Aggression
Definition of Aggression
Acts Qualifying Aggression
Legal Consequences of Aggression
Effect of the Definition of Aggression
CHAPTER 48
International Terrorism
Definition
Terrorism Committed by States
Terrorism Committed by Individuals and Groups of Individuals
Forms of International Terrorism
Legal Control on International Terrorism
Aircraft Hijacking
Acts Against Internationally Protected Persons
Taking of Hostages
Convention to Ensure the Safety and Security of the United Nations and Associated Personnel (1994)
Convention for the Suppression of Terrorist Bombings (1997)
Convention for the Suppression of the Financing of Terrorism (1999).
Convention for the Suppression of Acts of Nuclear Terrorism (2005)
Terrorism and the United Nations
Terrorism and National Measures
Terrorism and Human Rights
CHAPTER 49
Aircraft Hijacking
Definition
Tokyo Convention (1963)
The Hague Convention (1970) and its Protocol (2010)
Montreal Convention (1971)
Protocol to the Montreal Convention (1988)
Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991)
Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation (2010)
Destruction of Pan American and UTA Flights
Destruction of World Trade Center and Pentagon
Aircraft Hijacking and India
CHAPTER 50
Disarmament
Disarmament under the League of Nations
Disarmament and the United Nations
Multilateral Treaties on Arms Limitation And Disarmament
Disarmament in Specific Zones and Areas
Bilateral Treaties on Disarmament
CHAPTER 51
Comprehensive Test-Ban Treaty
Historical Background
Main Provisions of the CTBT
Preparatory Commission for the CTBT Organisation (CTBTO)
Entry into force
Measures Against Non-ratifying States
CHAPTER 52
Genocide
Meaning of Genocide
Punishment for the Crime of Genocide
Application of the Genocide Convention in Bosnia-Herzegovina
Application of the Genocide Convention in Croatia
Application of the Genocide Convention in Kashmir (India).
Application of the Genocide Convention in Myanmar.
CHAPTER 53
International Criminal Court
Efforts for the Creation of the International Criminal Court
Draft Statute of the Court
Statute of the International Criminal Court
Constitution of the Court
Composition of the Court
Presidency
Chambers
The Office of the Prosecutor
The Registry
Jurisdiction of the Court
Penalties
Law Applied by in Court
Admissibility of a Case
Pre-Trial Chamber
The Trial Chamber
The Appeals Chamber
PART II—HUMAN RIGHTS
CHAPTER 54
Concept of Human Rights
Meaning of Human Rights
Importance of Human Rights
Kinds of Human Rights
Is Human Right a legal right?
Sources of International Human Rights Law
Evolution of the Concept of Human Rights
International Human Rights Law
Human Rights Under the U.N. Charter
Promotion and Protection of Human Rights by the United Nations
Human Rights Bodies under the U.N. System
Human Rights Council
Office of the United Nations High Commissioner for Human Rights (OHCHR)
Commission on the Status of Women
Implementation and Monitoring of Human Rights
CHAPTER 55
Universal Declaration of Human Rights
International Bill of Rights
Preparation of the Universal Declaration of Human Rights
Preamble of the Universal Declaration
Enumeration of Rights in the Declaration
Legal Effect of the Declaration
Influence of the Universal Declaration
India and the Universal Declaration
Universal Declaration as Customary International Law
CHAPTER 56
International Covenants on Human Rights
Preparation of the Drafts of the Two Covenants
Adoption of the Two Covenants
Covenant on Civil and Political Rights
Covenant on Economic, Social and Cultural Rights
Implementation of the Covenants
Covenant on Civil and Political Rights
Implementation of the Covenant on Economic, Social and Cultural Rights
CHAPTER 57
International Conventions on Inhuman Acts
Genocide
Apartheid
Apartheid in Sports
Torture and Other Cruel Inhuman or Degrading Treatment or Punishment
Optional Protocol on Convention Against Torture
Slavery and Slave Trade
Forced or Compulsory Labour
Traffic in Persons and Prostitution
Racial Discrimination
Death Penalty
CHAPTER 58
Vulnerable Groups and Human Rights
Women
Child
Migrant Workers
Refugee
Internally Displaced Persons (IDPs)
Stateless Persons
Disabled Persons
Enforced Disappearance
Indigenous Peoples
Older Persons
Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
CHAPTER 59
International Conferences on Human rights
International Conference on Human Rights (Tehran Conference) (1968)
World Conference on Human Rights (Vienna Conference) (1993)
Helsinki Final Act (1975)
CHAPTER 60
Regional Conventions on Human Rights
Regional Arrangements on Human Rights
European Convention on Human Rights
European Court of Human rights
European Social Charter
American Convention on Human Rights
African Charter on Human and Peoples’ Rights
African Court on Human and People’s Rights
Arab Charter on Human Rights
Association of South East Asian Nations (ASEAN)
CHAPTER 61
International Humanitarian Law
Application of Humanitarian Law
Historical Development of Humanitarian Law
Character of Humanitarian Law
Kargil Conflict and International Humanitarian Law
International Days Relating to International Law & Human Rights
APPENDICES
Charter of the United Nations
Statute of the International Court of Justice
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