theory + MCQ of UGC NET Law Unit -3 PUBLIC INTERNATIONAL LAW AND IHL

Q&A International Law offers a lifeline to students revising for exams. It provides clear guidance from an experienced examiner on how best to tackle exam questions, and gives students the opportunity to practise their exam technique and assess their progress.

The fourth edition of Public International Law provides a very readable, lively, detailed and easily understood introduction to the fundamental principles and structures of international law without compromising on analysis and depth of coverage. Whilst the traditional topics of public international law are central to this book, new developments including the impact of Kosovo’s unilateral declaration of independence from Serbia, the fight against terrorism, the implications of cases currently pending before the International Court of Justice on State immunity and the exercise of universal jurisdiction by States are also detailed. In addition, new actors on the international stage such as non-governmental organisations, multinational corporations and terrorist groups, are identified, examined and commented upon. The entire stance of the book allows the reader to appreciate the historic perspective and the evolving nature of public international law. This fourth edition includes an enhanced layout and student-friendly features such as advice on further reading, highlighted cases, aides-memoire chapter outlines and summaries.

This book investigates the legitimacy deficits of two potentially conflicting legal systems, namely Public and Islamic international law. It discusses the challenges that Public international law is being presented within the context of its relationship with Islamic international law. It explores how best to overcome these challenges through a comparative examination of state practices on the use of force. It highlights the legal-political legacies that evolved surrounding the claims of the legitimacy of use of force by armed non-state actors, states, and regional organizations. This book offers a critical analysis of these legacies in line with the Islamic Shari‘a law, United Nations Charter, state practices, and customs. It concludes that the legitimacy question has reached a vantage point where it cannot be answered either by Islamic or Public international law as a mutually exclusive legal system. Instead, Public international law must take a coherent approach within the existing legal framework.

A sound understanding of public international law is indispensable for any lawyer, whether working in an international or domestic context. It is therefore important that students have a thorough theoretical understanding of international law issues, and are able to apply the relevant international legal rules to a given set of facts, so as to arrive at a legally coherent conclusion. This practical aspect of learning international law is often neglected in favour of more theoretical aspects - which is where this book comes in. The book offers a series of hypothetical practical cases in public international law, including some of its specialised branches, such as international human rights law and international criminal law. It challenges students to practise and familiarise themselves with the methodology and to write solutions to practical international legal questions. The book is in two parts: part one contains practical (exam-like) questions, while part two contains the solutions. The practical questions in part one are organised by subject, such as treaty law or state responsibility. One chapter is dedicated to more complex 'interconnected' cases, where students are asked to tackle problems which span multiple potential cases and topics. ENDORSEMENT 'An extremely interesting and innovative text that students studying Public International Law should find invaluable.' Associate Professor Joanne Sellick Associate Dean for Teaching and Learning, University of Plymouth

The past two hundred years have seen the transformation of public international law from a rule-based extrusion of diplomacy into a fully-fledged legal system. Landmark Cases in Public International Law examines decisions that have contributed to the development of international law into an integrated whole, whilst also creating specialised sub-systems that stand alone as units of analysis. The significance of these decisions is not taken for granted, with contributors critically interrogating the cases to determine if their reputation as 'landmarks' is deserved. Emphasis is also placed on seeing each case as a diplomatic artefact, highlighting that international law, while unquestionably a legal system, remains reliant on the practice and consent of states as the prime movers of development. The cases selected cover a broad range of subject areas including state immunity, human rights, the environment, trade and investment, international organisations, international courts and tribunals, the laws of war, international crimes, and the interface between international and municipal legal systems. A wide array of international and domestic courts are also considered, from the International Court of Justice to the European Court of Human Rights, World Trade Organization Appellate Body, US Supreme Court and other adjudicative bodies. The result is a three-dimensional picture of international law: what it was, what it is, and what it might yet become.

This work is primarily aimed at the law student, although it may also be of relevance to those studying international relations. It covers the main topics of public international law and is designed to serve both as a textbook and as a case and materials book.

This book contains excerpts "in extenso from leading cases in general international law, and seeks to provide a greater volume of case law than that currently available on the market. It contains no editorial commentary and no secondary literature, as these are widely available in other works. It can serve either as a principal text or as a supplement to other standard books. It is thoroughly up to date, including recent ICJ judgments on the Bosnia case, the Gavcmkovo-Nagymaros Project, the Advisory Opinion on Nuclear Weapons, and the Lockerbie case. It will be of inestimable value to all libraries of international law, large and small, institutional and private. No student or practitioner in the field should be without it.