Outcomes

• The purpose of this course is to examine the history, development, structure and efficacy of international human rights law. Beginning with a consideration of the philosophical origins of the concept of human rights, the course will examine the process by which sovereign nation-states have come to recognize an increasing number of human rights instruments and doctrine as part of positive international law, sometimes with binding effect on their domestic legal systems. This course will also look at the relationship between domestic legal systems and international human rights law, as well as existing and proposed regional and international human rights regimes. In addition to this, students will investigate the legal framework of the United Nations and regional systems relating to the protection and promotion of, inter alia, the rights of minorities and indigenous peoples, women’s rights, the rights of migrants and refugees, cultural rights, and the emerging field of environmental rights. Students will assess the remedies that exist for violations of human rights law in the various systems and examine practical case studies where relevant. This module provides a platform through which students can explore international human rights norms thematically mostly on different treaty based bodies such as: Human Rights Committee (HRC); Committee on Economic Social and Cultural Rights (CESCR); Committee on the Elimination of Racial Discrimination (CERD); Committee on the Elimination of Discrimination Against Women (CEDAW); Committee Against Torture (CAT); Committee on Rights of Child (CRC); Committee on Migrant Workers (CMW). Numerous organs of the United Nations those involved in human rights promotion and protection; United Nations High Commissioner for Refugees (UNHCR); Office for the Coordination of Humanitarian Affairs (OCHA); Inter-Agency Internal Displacement Division; International Labour Organization (ILO); United Nations Educational, Scientific and Cultural Organization (UNESCO); United Nations Population Fund ( UNFPA); United Nations Children’s Fund UNICEF); United Nations Development Fund for Women (UNIFEM); United Nations Development Programme; Food and Agriculture; Organization of United Nations (FAO); United Nations Human Settlement Programme; United Nations Mine Action.

References

• 1. Philip Alston (Author), Ryan Goodman (Author), Harry J. Steiner (ed), International Human Rights in Context: Law, Politics, Morals, (3rd edn, OUP 2007). 2. Jack Donnelly, Universal Human Rights in Theory and Practice, (Cornell University Press 2003). 3. Michale O’ Flaherty, Human Rights and the UN: Practice before the Treaty Bodies, Murtinus Nijhoff Publishers, Second Edition,2002

Outcomes

• IHL forms a major part of public international law and comprises the rules which, in the times of armed conflict, seek to protect people who are not or are no longer taking part in the hostilities, and to restrict the methods and means of warfare employed. IHL is also known as the law of the armed conflicts or law of war. The following topics will be discussed in detail: . Introductory Chapter: Definition and concept of IHL, Objectives and purpose of IHL, Fundamental principle of IHL, Sources of IHL, Distinction between IHL and HRL (Human Rights law), Implementation of IHL General Concepts: Definition of war, Principles regarding war (Jus ad bellum and Jus in bello), Hague Conventions of 1907, Geneva Conventions 1949 & Additional Protocols, Armed conflict (International and Non-International Armed conflict) Protection Of Defenceless Person & Objects During Armed Conflict: Definition of protected person (Wounded and sick; Prisoner of war; Civilian; Horse de combat); Protection of wounded, sick person in the Armed Conflict; Protection of Prisoners Of War in the Armed Conflict; Protection of Civilian and Civilian objects Means and Method of Warfare: Limitation of the means and method of warfare; Prohibition of Perfidy; Prohibition of ‘reprisal’; Ruses in war; Misuse of distinctive emblem; Attack (Definition, Widespread and systematic attack, Superfluous injury, Indiscriminate attack) Responsibility: Superior responsibility, Individual responsibility, Joint Criminal Enterprise Supervisory Clause: ICRC; Historical background, ICRC as a guardian of IHL, ICRC role during armed conflict

References

• 1. Rosenblad, E. International Humanitarian Law of Armed Conflict, Henry Dunant Institute, Geneva, 1979. 2. Jean Pictet, Development and Principles of International Humanitarian Law, Martinus Nijoff Publishers,1985. 3. F de Mulinen, Hand Book on the Law of War for Armed Forces, ICRC 1987 4. UNESCO, International Dimensions of Humanitarian Law, Henry Dunant Institute, Geneva, 1988. 5. L.C. Green, “Civilians” in the contemporary Law of Armed Conflict, Manchester, 1993 6. Howard S. Levie, Terrorism in War, the Law of War Crimes, Dobbs Ferry, NY: Oceana 1993. 7. Hans –Peter Gasser, International Humanitarian Law: An Introduction, Henry Dunant Indtitute,1993 8. International Law concerning the conduct of hostilities, ICRC, Revised and updated edition,1994,1996 9. M.K Balachandran, Rose Varghese (eds) Introduction to International Humanitarian Law, ICRC Regional Delegation, New Delhi, 1997 10. Timothy L.H McCormark and Grey Simpson, The Law of War Crimes: National and International Approaches,Kluwer,1997 11. Marco Sassoli, Antoine A. Bouvier, How does Law Protect in War, ICRC 1999. 12. Adam Roberts and Richard Gue (eds.), Documents on the Laws of War, Oxford 2000. 13. Frist Kalshoven, Liesbeth Zegveld, Constraints on the Waging of War: An Introduction to Humanitarian Law, International Committee of Red Cross, 2001. 14. ISIL Year Book of International Humanitarian and Refugee Law, Indian Society of International Law, New Delhi, 2002 - . 15. Frist Kalshoven, Belligerent Reprisals, Martinus Nijoff Publishers,2005 16. Publo Antonio Fernandez-Sanchez, (ed.) The New Challenges of Humanitarian Law in Armed Conflict, MartinusNijoff Publishers, 2005. 17. Customary International Humanitarian Law, Edited by Jean-marie Henckaerts and Louise Doswald Beck, ICRC and Cambridge University Press, 2005. 18. Commentaries on All Four Geneva Conventions 1949 and Two Additional Protocols 1977, ICRC. 19. Hague Conventions of 1899 and 1907, Geneva Conventions of 1949 and Protocols Additional to the Geneva Conventions of 1977 and 2005. 20. All other relevant Treaties/Documents/Reports. 1. Rosenblad, E. International Humanitarian Law of Armed Conflict, Henry Dunant Institute, Geneva, 1979. 2. Jean Pictet, Development and Principles of International Humanitarian Law, Martinus Nijoff Publishers,1985. 3. F de Mulinen, Hand Book on the Law of War for Armed Forces, ICRC 1987 4. UNESCO, International Dimensions of Humanitarian Law, Henry Dunant Institute, Geneva, 1988. 5. L.C. Green, “Civilians” in the contemporary Law of Armed Conflict, Manchester, 1993 6. Howard S. Levie, Terrorism in War, the Law of War Crimes, Dobbs Ferry, NY: Oceana 1993. 7. Hans –Peter Gasser, International Humanitarian Law: An Introduction, Henry Dunant Indtitute,1993 8. International Law concerning the conduct of hostilities, ICRC, Revised and updated edition,1994,1996 9. M.K Balachandran, Rose Varghese (eds) Introduction to International Humanitarian Law, ICRC Regional Delegation, New Delhi, 1997 10. Timothy L.H McCormark and Grey Simpson, The Law of War Crimes: National and International Approaches,Kluwer,1997 11. Marco Sassoli, Antoine A. Bouvier, How does Law Protect in War, ICRC 1999. 12. Adam Roberts and Richard Gue (eds.), Documents on the Laws of War, Oxford 2000. 13. Frist Kalshoven, Liesbeth Zegveld, Constraints on the Waging of War: An Introduction to Humanitarian Law, International Committee of Red Cross, 2001. 14. ISIL Year Book of International Humanitarian and Refugee Law, Indian Society of International Law, New Delhi, 2002 - . 15. Frist Kalshoven, Belligerent Reprisals, Martinus Nijoff Publishers,2005 16. Publo Antonio Fernandez-Sanchez, (ed.) The New Challenges of Humanitarian Law in Armed Conflict, MartinusNijoff Publishers, 2005. 17. Customary International Humanitarian Law, Edited by Jean-marie Henckaerts and Louise Doswald Beck, ICRC and Cambridge University Press, 2005. 18. Commentaries on All Four Geneva Conventions 1949 and Two Additional Protocols 1977, ICRC. 19. Hague Conventions of 1899 and 1907, Geneva Conventions of 1949 and Protocols Additional to the Geneva Conventions of 1977 and 2005. 20. All other relevant Treaties/Documents/Reports. 1. Rosenblad, E. International Humanitarian Law of Armed Conflict, Henry Dunant Institute, Geneva, 1979. 2. Jean Pictet, Development and Principles of International Humanitarian Law, Martinus Nijoff Publishers,1985. 3. F de Mulinen, Hand Book on the Law of War for Armed Forces, ICRC 1987 4. UNESCO, International Dimensions of Humanitarian Law, Henry Dunant Institute, Geneva, 1988. 5. L.C. Green, “Civilians” in the contemporary Law of Armed Conflict, Manchester, 1993 6. Howard S. Levie, Terrorism in War, the Law of War Crimes, Dobbs Ferry, NY: Oceana 1993. 7. Hans –Peter Gasser, International Humanitarian Law: An Introduction, Henry Dunant Indtitute,1993 8. International Law concerning the conduct of hostilities, ICRC, Revised and updated edition,1994,1996 9. M.K Balachandran, Rose Varghese (eds) Introduction to International Humanitarian Law, ICRC Regional Delegation, New Delhi, 1997 10. Timothy L.H McCormark and Grey Simpson, The Law of War Crimes: National and International Approaches,Kluwer,1997 11. Marco Sassoli, Antoine A. Bouvier, How does Law Protect in War, ICRC 1999. 12. Adam Roberts and Richard Gue (eds.), Documents on the Laws of War, Oxford 2000. 13. Frist Kalshoven, Liesbeth Zegveld, Constraints on the Waging of War: An Introduction to Humanitarian Law, International Committee of Red Cross, 2001. 14. ISIL Year Book of International Humanitarian and Refugee Law, Indian Society of International Law, New Delhi, 2002 - . 15. Frist Kalshoven, Belligerent Reprisals, Martinus Nijoff Publishers,2005 16. Publo Antonio Fernandez-Sanchez, (ed.) The New Challenges of Humanitarian Law in Armed Conflict, MartinusNijoff Publishers, 2005. 17. Customary International Humanitarian Law, Edited by Jean-marie Henckaerts and Louise Doswald Beck, ICRC and Cambridge University Press, 2005. 18. Commentaries on All Four Geneva Conventions 1949 and Two Additional Protocols 1977, ICRC. 19. Hague Conventions of 1899 and 1907, Geneva Conventions of 1949 and Protocols Additional to the Geneva Conventions of 1977 and 2005. 20. All other relevant Treaties/Documents/Reports.

Outcomes

• The concept of Intellectual property, Is IP a property?, Justifications for protection of IP, Major forms of IP: Copyright, Patent, Trade Marks, Designs, Geographic indication, Semi-conductors, Plant varieties, Major international documents relating to the protection of IP: Berne Convention, Paris Convention, TRIPS Copyright: Meaning and historical development of copyright Subject matter of Copyright, Original literary, dramatic, musical, artistic works, Cinematograph films, Sound recordings, Ownership of copyright, Term of copyright, Rights of owner, Economic Rights, Moral Rights, Assignment and licence (including compulsory licence)of rights, Performers rights, Infringement of copyright, Exceptions of infringement, Remedies: Civil, Criminal, Administrative, Registration of Copyright Patents: Meaning and historical development, Criteria for obtaining patents: Novelty, Inventive step, Utility; Non patentable inventions, Procedure for registration: Application, Specification, Publication, Examination, Opposition; Grant of patent, Term of patent, Rights of patentee, Compulsory licence, Revocation, Government use of patent, Infringement of patents, Exceptions to infringement, Remedies, Patent office and Appellate Board Trade Marks: Meaning and historical development of marks, Functions of marks, Commercial aspect, Consumer aspect, Concept of distinctiveness, Absolute grounds of refusal, Relative grounds for registration, Doctrine of honest concurrent user, Procedure for registration: Application, Advertisement, Opposition, Registration; Term of mark, Rights of holder, Assignment and licensing of marks, Infringement, Passing Off, Trade Marks Registry and Appellate Board Designs, GI and other forms of IP: Meaning and evolution of design protection, Concept of novel, Concept of original, Registration, Term of protection, Rights of holder, Unregistered designs; Concept of Utility models and its protection, Geographical Indication: Meaning and evolution of GI, Difference between GI and Trade Marks, Registration, Rights, Authorized user, New plant varieties, Genetic Resources and Traditional Knowledge, Protection of Farmer’s right.

References

• 1. Abbot Cottier Gurry: International Intellectual Property in an Integrated World Economy, 2nd edition (2008), Aspen Publishers, New York, USA 2. P. Narayanan : Intellectual Property Law (2009), Eastern Law House 3. WIPO Publication: WIPO Intellectual Property Hand Book, 2008 4. Blanco White: Industrial Property and Copyright – London, Stevens, 1962 5. V K Ahuja: Law relating to Intellectual Property Rights Lexis Nexis Butterworhts, London (2007). 6. R K Nagaranhan: Intellectual Property Law, Allahabad Law Agency, India (2006 7. Craig Allen Nard: The Law of Patents, USA (2010) 8. Article 4 No. 6 of the Constitution of 1867 (German)' Hastings Law Journal, Vol. 52, p. 1255, 2001 9. Merges, Robert P.; Menell, Peter S.; Lemley, Mark A. (2007). Intellectual Property in the New Technological Age (4th rev. ed.). New York: Wolters Kluwer. 10. Levine, David; Michele Boldrin (2008-09-07). Against intellectual monopoly (PDF). Cambridge University Press 11. Richard T. De George, "14. Intellectual Property Rights," in The Oxford Handbook of Business Ethics, by George G. Brenkert and Tom L. Beauchamp, vol. 1, 1st ed. 12. Gowers, Andrew. "Gowers Review of Intellectual Property". Her Majesty's Treasury, November 2006 13. Lai, Edwin. "The Economics of Intellectual Property Protection in the Global Economy". Princeton University. April 2001 14. Lindberg, Van. Intellectual Property and Open Source: A Practical Guide to Protecting Code. O'Reilly Books, 2008. 15. Miller, Arthur Raphael, and Michael H. Davis. Intellectual Property: Patents, Trademarks, and Copyright. 3rd ed. New York: West/Wadsworth, 2000. 16. Burk, Dan L. and Mark A. Lemley (2009). The Patent Crisis and How the Courts Can Solve It. University of Chicago Press.

Outcomes

• General Concept: Concepts-Emergence-Organizations of the International Organizations. Its General Characteristics, nature-importance-its relation with international law-legal personality of International Organization-organic structure and classification of International Organizations- membership, decision making and dissolution of the International Organizations. Organizations: The League of Nations-its origin-Principal Institutions-Failures evaluation; The United Nations’ Organizations-Its background-Objectives-Purposes-Principal organs -Future and Prospects of the United; UN Charter-General Characteristics, Objective and Functions of the Regional Organizations-its classification. Regional Organizations:; Some of the significant present day regional organization-the Arab League- The Organization of the American States-The African Union (AU)- The European Union(EU)-the Association of the South East Asian Nations(ASEAN)-The South Asian Association for the Regional Co- operation(SAARC) -the North Atlantic Treaty Organization(NATO)-ANZUS; ADB. Special Organizations: Specialized agencies of the UN-Common features-Its relations with UN- compositions, Powers and functions of the specialized agencies of the UN, UNESCO, UNICEF, The Commonwealth-The Non Aligned Movement-The Organization of the Petroleum Exporting Countries- The Organization of Islamic Cooperation; GATT and WTO as International Economic Organization and their Impacts on the Development of Modern International Economic Relations; WIPO-Its basic features, Characteristics and functions; WHO; FAO; World Bank; IMF, International Atomic Energy Agency, ILO,NATO. Judicial institutions beyond United Nations: Permanent Court of Arbitration, Permanent Court of International Justice, ITLOS, International Criminal Court: Its formation, power, Jurisdiction, functions and procedure.

References

• 1. Bowatt, D. W : The Law of International Institutions, 4th edition, The London Institute of World Affairs, London , November 1983 2. Good Speed, S.S: The Nature and Function of International Organization, 2nd Edition, 24 September 2015 3. A le Roy Bennett: International Organization, Principles and Issues, 7th edition, Prantice– Hali Inc. New Jersey, USA 2002. 4. Amerasinghe, C. F., Principles of the Institutional Law of International Organizations, Cambridge (2005). 5. Barkin, J.S., International Organization: Theories and Institutions, New York (2006) 6. Gupta Sant Prasad: International Organization, 2nd Edition, Allahabad Law Agency, 2001. 7. Samar Sen: United Nations and the Global Challenge, New Delhi, 1996. 8. Zillur R Khan: SAARC, Challenges and opportunities, New Delhi, 1994 9. S.J.R. Bilgrami: International Organization, Calcutta, 1983 10. Morumer Sellers: The New World Order, Berg Publications, Oxford Washington D.C, 1996. 11. Dr.M. Robiul Hussain: Fundamentals of International Organizations, 2nd Edition, Shams publications, 2013.

Outcomes

• The Global Population Movements in Historical Retrospect, Introduction to Terms & Terminologies of International Refugee Law, The Origin and Development of International Refugee Principles & International Refugee Law, The Evolution of Refugee Status in International Law, The Legal and Institutional Framework for Refugee Protection under the 1951 UN Convention Relating to the Status of Refugees (UNCSR) and its Expansion via 1967 Protocol (UNCSR Protocol), The Main Features of 1951 UN Convention and the Statute of the UNHCR, The Concept of Migrant, Immigrant, Theories of Migration and Emergence of Forced Displacement and Forced Migration, Inter-Relationship between National and International Protection and Summation. Refugees defined: Inclusion, exclusion and cessation clauses, definition in International instruments, refugees under 1951 Convention, 1967 Protocol relating to the Status of Refugees, refugees under the statute of UNHCR, refugees and international obligations; Determination of refugee status: Determination by UNHCR and States Parties, preliminary analysis of definition; Persecution: Grounds for persecution, ways and means of persecution, persecution and lack of protection; Loss and denial of refugee status and its benefits: Voluntary acts of the individual, change of circumstances, protection by other States or UN agencies, undeserving cases, serious non-political crimes; Asylum and non-refoulement: General concept, asylum in international conventions, principle of non-refoulement, scope of the principle of non-refoulement, measures not amounting to refoulement, non-refoulement and asylum in cases of mass influx; International protection: Protection of refugees in general international law, refugees and human rights, protection under 1951 Convention and 1967 Protocol, international institutions (UNHCR, IOM, UNWRA, RED CROSS, NGOs); General protection issues: Detention, access, personal security, women refugees, child refugees, asylum seekers, internally displaced people; Solution and prevention: Voluntary repatriation, safe return, resettlement, assistance and development, preventive protection, international cooperation; Migration: concept and background, forms of migration, regular, irregular, forced migration, causes of migration, migration as a fundamental right, the need for international human rights standards, international instruments protecting rights of migrant workers, UN Migrant Workers Convention 1990, key features, ILO standards protecting rights of migrant workers; Nationality and statelessness: Concept and definition, Convention relating to the Status of Stateless Persons 1954, Convention on the Reduction of Statelessness 1954, protection measures;

References

• 1. Guy S. Goodwin-Gill, The Refugee in International Law, Clarendon Press, Oxford (2nd edition 1996 or 3rd edition 2007). 2. Corinne Lewis, UNHCR's Contribution to the Development of International Refugee Law: Its Foundations and Evolution, International Journal of Refugee Law, vol.17 (2005), pp.67-90. 3. B.S. Chimni, International Refugee Law: A Reader, Sage Publications, New Delhi, 2000. 4. David Weissbrodt, Refugees-The Human Rights of Non-citizens, Oxford, OUP, 2008, pp. 110- 133 5. James Hathaway, The Rights of Refugees under International Law, Cambridge University Press, 2005. 6. Anne F. Bayefski, Human Rights and Refugees, Internally Displaced Persons and Migrant Workers, Martinus Nijhoff, The Hague, 2006. 7. Guy S. Goodwin-Gill, International Law and the Movement of Persons between States, Clarendon Press, Oxford, 1978. 8. Kate Jastram and Marilyn Achiron, Refugee Protection: A Guide to International Refugee Law, Inter-Parliamentary Union, Switzerland, 2000. 9. Harun-ur-Rashid, Refugee Law with Case Laws and Materials, Dhaka, 2000. 10. OmprakashMisra and Anindyo J. Majumdar, The Elsewhere People: Cross Border Migration, Refugee Protection and State Response, Lancer’s Books, New Delhi, 2003. 11. Matthew, Gibney J., The Ethics and Politics of Asylum: Liberal Democracy and the State Response to Refugees, Cambridge University Press, 2004. 12. Relevant international law instruments and scholarly articles (to be referred by the course teacher).

Outcomes

• Constitutional Law of the US: The American Political Tradition, Essentials of the American Constitution, The Presidency, The Cabinet and the Executive Departments, Congress: Structure and Composition, Congress: Functions and Powers, Federal Judiciary, Political Parties, The American Political System. Constitutional Law of the UK: Nature and Content of the Constitution, The British Political Tradition, The King and the Crown, Privy Council, Ministry and Cabinet, The Machinery of Government, Parliament, Law and the Judicial System in England, Political Parties in England, Local Government. Constitutional Law of India: Preamble, Nature of Indian Constitution and the Form of Government, Fundamental Rights, Directive Principles of State Policy, Fundamental Duties, The President: Powers and Functions, Cabinet: The Prime Ministers, Council of Ministers, Parliament: Lok-Sabha and RajyaSabha, The Supreme Court, High Courts and Indian Judiciary, Amendments of the Constitution. Constitutional Law of Australia: Parliamentary Form of Government, The Executive, Federal Executive Council, Nature of Federal System, The Crown, The Cabinet, Prime Minister, The Commonwealth Parliament, The Senate, House of Representatives, The Judiciary, Federal Supreme Court (High Court of Australia), Queen in Council, Alteration of the Constitution, State Governments, Political Parties. Constitutional Law of Canada: History and Development of the Constitution, Canadian Charter of Rights and Freedoms, Sources of the Constitution, System of Government, Bicameral Parliament: Senate and House of Commons, Constitutional Conventions, Royal Prerogatives, Division of Powers Judicial Independence, The Supreme Court of Canada and the Justice System, Fundamental Justice, Due Process and Natural Justice, Amendments formula and Amendments of the Constitution, Miscellaneous; The Swiss Constitution: Introductory, Characteristics of the Constitution, The Federal Executive, President of the Confederation, The Federal Legislature, The National Council, The Council of States, Powers and Functions of Federal Assembly, Relations between two Houses, Federal Assembly and Council, The Federal Tribunal of Court, Direct Legislation, Referendum and Initiative, Merits and Demerits of Direct Legislation.

References

• Develop a comparative understanding of major constitutional systems (USA, UK, India, Australia, Canada, and Switzerland), focusing on their historical evolution, structure, and core principles. Analyze the organization and functions of key state institutions, including the executive, legislature, and judiciary, across different constitutional frameworks. Evaluate fundamental constitutional concepts, such as separation of powers, federalism, rule of law, judicial independence, and protection of rights and freedoms. Assess the role of political processes and constitutional mechanisms, including political parties, elections, amendments, and direct democracy tools like referendums and initiatives, in shaping governance.

Outcomes

• This course explores the principles and policies underlying modern family law as well as the differences and commonalities in the conceptualization and legal treatment of families across different legal systems or in different religions. A comparative approach is adopted for most topics and the increasingly relevant international dimension in family law is also explored. It also focuses on the relationship between blood and family, and sex and family, analyzing how different countries or religions or legal systems shape family law using those two concepts. In addition to comparing how different countries or religions or systems deal with different issues on family law, the course also explores the role of international courts and international law in the shaping of family law in areas such as marriage and cohabitation, parenting, violence, and property, among others.  The substantive areas to be covered in this course are expected to be the following: 1. Introductory meeting: overview of the course 2. Introduction and Definitions: Family laws applicable to Muslims, Hindus and Christians in Bangladesh, Analysis from comparative perspective systems of regulation of domestic relationships and family laws under different personal laws 3. Comparative analysis of laws relating to family matters, including statutory laws applicable to Muslims, Christians and Hindus in the Sub-Continent 4. Comparative studies of reforms made to Islamic family laws in varied countries 5. Study of secular family laws applicable in relevant modern States and issues of contemporary importance, including uniform personal laws, in the field of family law 6. Study of reforms introduces to Hindu law in India and the Muslim law in Bangladesh and Pakistan 7. Comparative study of relevant issues related to family and domestic relationships including domestic and spousal violence 8. Topics to be covered: Marriage, Dissolution of marriage, Maintenance 9. Child custody and guardianship, Adoption, Succession and other modes of property devolution, Domestic violence, Family courts and personnel involved in the administration of domestic relation law

References

• • Ali, Syed Amir. Mohammadan Law, Vol. I & II (4th Edition) Calcutta, 1912, reprint New Delhi, 1985 • Fyzee, Asaf A.A. Outlines of Muhammadan Law, (4th Edition), New Delhi, 1974 • Hodkinson, Keith. Muslim Family Law: A Source Book, London and Canberra, 1984 • Pearl, David and Menski, Werner, A Text Book on Muslim Law, London, 2004. • Monsoor, Taslima. From Patriarchy to Gender Equality: Family Law and its Impact on Women in Bangladesh, Dhaka, 1999 • Rahman, Md. Mojibur. Muslim O’Paribarik Ain Parichiti, Dhaka, 1989 • Rahman, Tanzi-ur. Code of Muslim Personal Law, Vol.I, II & III, Karachi, 1978 • Rahim, Abdur. Principles of Muhammadan Jurisprudence, Madras,1911 • Schacht, Joseph. An Introduction to Islamic Law, Oxford, 1964 • Badruddin, Faiz. Principles of Muhammadan Law, (2nd Edition), Calcutta, 1919 • Menski, F. Werner. Hindu Law, Oxford et al, 2003 • Diwan, Paras. Modern Hindu Law, Allahabad, 1993 • Mayne. Treatise on Hindu Law and Usage, New Delhi, 1995 • Mulla. Principles of Hindu Law, Bombay, 1990 • Pereira, Faustina. The Fractured Scales—The Search for a Uniform Personal Code, Dhaka, 2002 • Zafar, Emmanuel. Christian Law of Inheritance & Succession, Lahore, 2005 • Agnes, Flavia. Law and Gender Inequality—The Politics of Women’s Rights in India, Oxford et al, 2004

Outcomes

• The course provides an overview of the foundational principles of the law of the sea and a case study of a selection of international treaties concerning the use, exploitation and management of the resources of the seas and oceans of the world. Convention: It will focus on the 1982 UN Convention on the Law of the Sea. It will also cover the evolution of the international law of the sea, international efforts to regulate the delimitation of the maritime zones and exploitation of the resources therein, a selection of other international treaties relating to the management, conservation, exploitation of the resources of the seas and the case law developed by various international courts and tribunals. Foundation and Sources of law: All of the main areas of the law of the sea will be addressed including the foundations and sources of the law, the nature and extent of the maritime zones, the delimitation of overlapping maritime boundaries, the place of archipelagic and other special states in the law of the sea, navigational rights and freedoms, marine resources and conservation issues including fisheries, marine environmental protection and the dispute settlement. Health of marine ecosystem: It will also address how declines in the health of marine ecosystems can be addressed through new and strengthened legal regimes, and how the law of the sea can regulate ocean space in the Polar Regions, as global warming opens up new possibilities for resource exploitation. Leading cases: The course will also examine some leading cases decided by international courts and tribunals concerning the law of the sea especially the dispute settlement between Bangladesh and Myanmar and the dispute settlement between Bangladesh and India. The ultimate aim is to provide a thorough understanding of the current regime of the law of the sea and the interplay between law and politics in Asia as well in the whole world.

References

• 1. Alexander, LM (ed): The Law of the Sea Offshore Boundaries and Zones, 2014, Ohio State University Press. 2. Amador, FG: The Exploitation and Conservation of the Resources of the Sea, 2011, Sijthoff. 3. C Robbin& L Vaughan: The Law of the Sea (2015), Manchester University Press 4. Dupuy, RJ: The Law of the Sea – Current Problems (1974), Oceana 6. Lumb, RD: The Law of the Sea and Australian Off-Shore Areas (1978), University of Queensland Press 7. Rahman, MH: Delimitation of Maritime Boundaries, 1991, Rajshahi 8. Rahman, MH: Legal Regime of Marine Environment in the Bay of Bengal (2007), Atlanta, New Delhi 9. R Donald &Tim S: The International Law of the Sea (2016), Hart Publishing 10. T Yoshifumi: The International Law of the Sea (2015), Cambridge University Press 11. Yoshifumi Tanaka, The International Law of the Sea (2015), Second edition, Cambridge University Press 12. Waldock, H: The International Court and the Law of the Sea (1979), Asser Institute. 13. Wenk, EZ: The Politics of the Oceans (1992)

Outcomes

• International Trade Law is an elective course offered to LLM students. The objective of the course is to provide a broad overview of what is an extremely large and complex area of law on that particular topic; international trade law, together with a more detailed consideration of certain key topics as follows: Theories related to International Trade: In this module students would be introduced with the different views, theories and issues relating to regulation of international trade. On the one hand there are free trade economists, arguing for minimization of governmental intervention on the ground that it leads to specialization and prosperity. On the other hand there are Marxists who feel that the idea of free market and specialization leads to colonialism. The module would also include discussion of reasons which induce or compel the governments to intervene in the trading activity in their jurisdiction. 1. The theories that would mainly be discussed would be: Mercantilism, Theory of absolute advantage of Adam Smith, Theory of comparative advantage of David Ricardo and its developments, Marxist notions affecting International Trade International Sale of Contracts: CIF - Obligation of the CIF seller; Duties of the buyer; duties of the seller of CIF contract; FOB Contract - Duties and obligation of the parties; INCO Terms in the Law of International Trade; Other forms of contract in international trade; Bill of Exchange; Documentary Credits- Letter of credit, issuing bank and corresponding Bank; Bill of Lading; Carriage of Goods by Sea; Insurance against contract in international trade; Conflict of Laws; Arbitration; UN Convention on Contract for the International Sale of Goods; GATT/WTO and International Trade, National Trade laws: Bills of Lading Act 1856, Carriage of Goods by Sea Act 1925, The Hague-Visby Rules, Freight, General and Particular Average. Carriage of Goods by Land, Railways and Air: Introduction, Common Carriers Act 1865, Railways Act 1890, Carriage by Air Act 1934, United Nations Sale Convention 1980 (CISG), Scope and application of the Convention, General principles of uniformity in the Convention, Buyer’s and seller’s duties, Avoidance, exemption and remedies for breach. Law of Insurance: Introduction, Insurable Interest, Proposal, Cover Note, Acceptance, Uberimae Fidei, Premium, Policy, Loss, Doctrine of Proximate Cause, Claim, Payment, Subrogation. Law of Negotiable Instruments: Introduction, Holder and Holder in Due Course, Negotiation, Capacity of Parties, Liability of Parties, Maturity, Presentment, Payment, Dishonor, Discharge.

References

• 1. Clive M. Schmitthoff, Schmitthoff’s Export Trade: The Law & Practice of International Trade, Published by Sweet & Maxwell 01/10/1999 (1999) 2. Indira Carr, International Trade Law Statutes and Conventions 2008-2009 Published by Routledge-Cavendish 20/10/2003 (2003). 3. D.M Day, The Law of International Trade Law, Butterworths, 1981 4. Pamela Sellman and Judith Evans, 150 leading Cases: Law of International Trade, Old Baily Press, Publication City/Country London, United Kingdom, Publication date 01 Aug 2002 5. Simone Schnitzer, Understanding International Trade Law, Law Matters, Universal Law Publishing, 2007. 6. Nicholas Konladis, Principles of Law Relating to International Trade, Springer, 2006. 7. J. Trebilcock, the Regulation of International Trade, Routledge, 2005. 8. Avtar Singh, Principles of Mercantile Law, Eastern Book Co., 7th edition, Lucknow, 2000. 9. Avtar Singh, Law of Carriage (Air, Land, & Sea), Eastern Book Co., 3d edition, Lucknow . Eastern Book Co. : Allahabad, India . Supplied by Law Publishers, (c)1993. Amrita Narlikar, the World Trade Organization: A Very Short Introduction, Oxford University Press, 2005. 10. Gilligan, Colin and Hird, Marin; International Marketing: Strategy and Management (1st ed, 1986) 11. Goode Ray et al.; Transnational Commercial Law – International Instruments and Commentary (1st, 2004)

Outcomes

• Introduction: Why arbitrate? Litigation v arbitration: Advantages of arbitration, Disadvantages; Other methods of ADR. The Arbitration Agreement: Commercial; Formation; Interpretation; ambiguous arbitration clauses; Validity; Enforcement: role of court. Choice of Law in International Arbitration: Substantive & Procedural, Uncitral Model Law of Arbitration, Arbitrability. Ad-hoc and Institutional Arbitration: Ad-hoc arbitration: advantages v disadvantages, UNCITRAL Rules of arbitration, Role of PCA Secretary General, Designating Authority, Appointment of arbitrator. Institutional Arbitration: advantages v disadvantages; Role of Institutions: PCA, ICC, LCIA, AAA, CIETAC, HIAC, SIAC, ICA, ICSID. The Arbitral Process: Constitution and composition of the tribunal: Extent of tribunal’s authority, Independence and impartiality of arbitrators, Challenge on jurisdiction, Removal of arbitrators, Place of arbitration, Language of arbitration, Choosing rules of arbitration, Evidence in arbitration, Procedural orders, Awards, Costs. International Arbitration Awards: Is there an Award?, Finality, Correction and Interpretation of the Award, Setting aside of award, Recognition and Enforcement. Miscellaneous: Confidentiality in Arbitration, Assistance and Supervision by courts, Provisional/Interim measures in International Arbitration, Multi-party issues in International Arbitration, Arbitration and Human rights, Environmental Arbitration – PCA rules.

References

• 1. Várady, Barceló & von Mehren, International Commercial Arbitration: A Transnational Perspective (West: 4 edition, 2009); 2. S Roberts & M. Palmer, Dispute Processes: ADR and the Primary Form of Decision-Making, Cambridge, 2005. 3. S Goldberg, F Sander & N Rogers, Dispute Resolution, Little Brown, 2nd edn, 1992. 4. J Murray, A Rau, & E Sherman, Processes of Dispute Resolution, Foundation Press, 2nd edn, 1996. 5. A Guide to the UNCITRAL Arbitration Rules, C. Croft, C. Kee and J. Waincymer (2013) 6. Gary B. Born, International Commercial Arbitration, Second Edition (Three Volume Set) 2nd Edition 7. A Practical Guide to International Arbitration in London, H. Heilbron (2008) 8. Arbitration Advocacy in Changing Times, A. J. van den Berg (2011) 9. W. Michael Reisman, W. Laurence Craig, William Park, & Jan Paulsson, International Commercial Arbitration: Cases, Materials and Notes on the Resolution of International Business Disputes (Westbury, NY: Foundation Press, Inc., 1997 10. The Roster of International Arbitrators (New York; London: Juris Pub.; Sweet & Maxwell, 1997) (Parker School guides to international arbitration)(Rev. ed. of: Guide to International Arbitration and Arbitrators). 1149p. 11. Rules of National Arbitral Institutions (2d ed., Yonkers, NY; London: Juris Publishing; Sweet & Maxwell, 1998) (Parker School guides to international arbitration; v. 2). 2v. loose leaf. 12. Pieter Sanders, Quo Vadis Arbitration? Sixty Years of Arbitration Practice, A Comparative Study (The Hague; Boston: Kluwer Law International, 1999). 13. Ruben Santos Belandro, Arbitraje comercial Internacional (3d ed., Mexico, D.F.: Oxford University Press, c2000) 14. Jorge Alberto Silva Silva, Arbitraje commercial internacional en México (2d ed., Mexico, D.F.; New York: Oxford University Press, c2001). 15. TiborVárady, John J. Barceló III, & Arthur T. von Mehren, International Commercial Arbitration: A Transnational Perspective (2d ed., St. Paul, Minnesota: Thomson/West, 2003)

Outcomes

• No outcome found!

References

• No reference found!

Outcomes

• No outcome found!

References

• No reference found!