Public International Law

Public International Law (PIL) is one of the most important subjects in the BA LL.B curriculum, especially in the sixth semester. The course BL-6004 aims to provide students with a deep understanding of the legal rules, norms, and principles that govern relations between States, international organizations, and other global actors. As the world becomes more interconnected, PIL plays a crucial role in addressing global problems such as war, terrorism, climate change, human rights abuses, and international trade disputes. This course equips law students with conceptual clarity, analytical skills, and an understanding of how international law influences national legal systems.

Public International Law is often described as a system of rules created by States to regulate their conduct in the international community. It covers a wide range of areas: the law of treaties, state responsibility, state recognition, the law of the sea, human rights law, environmental law, and the peaceful settlement of disputes. Historically, international law developed through customs and agreements between sovereign States, but after the establishment of the United Nations in 1945, PIL evolved into a more structured and institutionalized system.

1. Nature, Purpose, and Evolution of Public International Law
The course begins with an introduction to the nature, definition, and historical development of PIL. Students learn about classical international law, which was limited mainly to European States, and how modern international law expanded to include all States after decolonization. The evolution of PIL from the Peace of Westphalia (1648) to the League of Nations and then the United Nations is discussed. The purpose of international law—to maintain international peace, promote cooperation, protect human rights, and regulate global commons—is explained in detail.

2. Sources of Public International Law
A major part of BL-6004 is devoted to the study of the sources of international law as mentioned in Article 38(1) of the Statute of the International Court of Justice (ICJ). These include:

• International conventions or treaties
• International custom
• General principles of law recognized by civilized nations
• Judicial decisions
• Juristic writings of publicists

Students learn how treaties are negotiated, signed, ratified, and enforced. Customary law is discussed using examples such as diplomatic immunity and the freedom of the high seas. The importance of judicial decisions from the ICJ, ICTY, ICC, and other tribunals is highlighted. The role of publicists like Hugo Grotius is also explained.

3. Relationship Between International Law and Municipal Law
The course explores theories like Monism and Dualism, explaining how international law interacts with domestic legal systems. Important case laws such as the Charming Betsy Rule, Jolly George Varghese case, and Vishaka v. State of Rajasthan are discussed to show how Indian courts incorporate international legal principles.

4. Subjects of International Law
Traditionally, only States were considered subjects of PIL. However, the course highlights the modern expansion of international personality. Today, international organizations (like the UN, WHO, IMF), multinational corporations, NGOs, individuals (especially in human rights law), and even liberation movements enjoy limited international personality. The distinction between rights, duties, and capacities of international actors is explained.

5. Recognition of States and Governments
Students learn the difference between recognition of a State and recognition of a government. Theories of recognition—Declaratory and Constitutive—are discussed. Concepts like de facto and de jure recognition, collective recognition, and the legal consequences of non-recognition (as in the cases of Taiwan and Palestine) are explained with examples.

6. State Responsibility and Immunities
The course covers the rules that hold States legally responsible for internationally wrongful acts. Students understand when a State becomes liable, the types of breaches, and the consequences such as restitution, compensation, and satisfaction. The principle of sovereign immunity and diplomatic immunity (Vienna Convention on Diplomatic Relations, 1961) are included.

7. Law of Treaties
PIL students study the Vienna Convention on the Law of Treaties (1969). The process of treaty formation—negotiation, adoption, authentication, signature, ratification, accession—is taught in detail. Rules on interpretation, reservations, amendment, termination, and invalidity of treaties are covered with relevant examples.

8. United Nations and Its Organs
The course gives a deep understanding of the structure, powers, and functions of the UN. Students learn about the General Assembly, Security Council, Economic and Social Council, International Court of Justice, and Secretariat. They study topics like collective security, peacekeeping missions, sanctions, and the UN’s role in human rights through the Universal Declaration of Human Rights (UDHR) and other treaties.

9. Peaceful Settlement of International Disputes
One of the most important components of PIL is the mechanism for resolving disputes peacefully. Students examine negotiation, mediation, conciliation, arbitration, and judicial settlement. Relevant cases of the ICJ such as Nicaragua v. USA, North Sea Continental Shelf Case, and Corfu Channel Case are discussed. Differences between arbitration and judicial settlement are highlighted.

10. Law of the Sea
Under the United Nations Convention on the Law of the Sea (UNCLOS), the course covers territorial waters, the exclusive economic zone (EEZ), the continental shelf, high seas freedom, marine pollution, and maritime dispute resolution. Famous disputes like India–Bangladesh maritime boundary case are included.

11. International Human Rights Law
Students study major human rights instruments such as the UDHR, ICCPR, ICESCR, CEDAW, and CRC. The role of bodies like the Human Rights Council and regional courts like the European Court of Human Rights are explained.

12. International Humanitarian Law and Use of Force
This section includes the Geneva Conventions, rules of war, protection of civilians, and war crimes. The UN Charter’s provisions on self-defense (Article 51) and prohibition of the use of force (Article 2(4)) are covered with examples such as the Iraq War and Russia-Ukraine conflict.

13. Contemporary Issues in PIL
The course also addresses modern challenges like terrorism, cyber warfare, environmental protection, climate change agreements (Paris Agreement), refugee law, and global trade governance through the WTO.