Course Title: Public International Law Course Code: Law 212
Course Credit: 3 Total Marks: 100
Rationale: Students will get the full concept about the application of international law at the national level.
Objectives: The specific objectives of the course are:
1. Providing a clear understanding and appreciation of the origin, nature, importance and development of international law;
2. A comprehensive understanding of the theories as to basis of International Law;
3. Introducing students with different perspectives to international law;
4. Locating the significance of international law for Bangladesh;
5. A fair concept of the dispute settlement mechanism at the international level.
Course Content: The course will focus Defining international law from different perspective, Third World Approach to International Law (TWAIL), Marxist Approach to International Law (MAIL), and Feminist Approach to International Law (FAIL). Then it will look at Subject of International Law, States, Criteria of Statehood & Government, Recognition of State, and Unilateral Declaration of Independence (UDI). Sources of International Law, The relationship between National and International law, Application of International Law at the national level, Domestication of international obligations, Status of International Law in the Constitution.
Dispute Settlement Mechanism in International Law, Bangladesh’s engagement with international courts and tribunals.
Course Assessment Plan:
The performance of a student in the course is evaluated on the basis of a schedule of continuous assessment. The distribution of marks (except Advanced Legal Research and Writing) for a course is as follows:
Class Participation 7 % Assignment 5%
Presentation 8 %
Class Test 15 %
Mid-term Examination 25 % Course Final Examination 40 %
………
Total: 100%
Grading system:
A student may earn five-letter grades on the basis of his/her performance of the course. The letter grades A, B, C, and D are considered passing grades and also acceptable to continuing of grades.
Grade F is the failing grade. Daffodil International University is maintaining Uniform Grading system as per instruction of University Grants Commission of Bangladesh as follow:
Marks obtained out of 100
Grade Grade point Equivalent
Remarks
80% and above A+ 4.00 Outstanding
75% to less than 80% A 3.75 Excellent 70% to less than 75% A- 3.50 Very Good 65% to less than 70% B+ 3.25 Good 60% to less than 65% B 3.00 Satisfactory 55% to less than 60% B- 2.75 Above Average 50% to less than 55% C+ 2.50 Average
45% to less than 50% C 2.25 Below Average 40% to less than 45% D 2.00 Pass
Less than 40% F 0.00 Fail
References:
1. Antony Aust, Handbook of International Law, 2nd edn. Cambridge University Press, 2011 2. James Crawford, Public International Law, Oxford University Press, 2009
3. Starke: An Introduction to International Law (4th Edition).
4. Jan Brownlies: Principles of Public International Law.
5. Malcolm N Shaw, International law, 6th Edition, Cambridge Books.
Module 1 to 10:
Public International Law vs. Private International Law, Why do we need International Law?
History of International Law in line with Ideas and State Practice, Different Branches of Public International Law.
Theories as to the Basis of International Law, Is International Law True Law? Third World Approach to International Law (TWAIL), Marxist Approach to International Law (MAIL), Feminist Approach to International Law (FAIL), Islamic Perspective to International Law.
Subject of International Law, States, Criteria of Statehood & Government, Recognition of State, Unilateral Declaration of Independence (UDI), State Sovereignty, Right to Self- Determination of Peoples, Prohibition of Use of Force, State Responsibility, International Organizations, Legal personality of IGOs, Functionalism and growing role of IGOs, IGOs as law-makers, United Nations as the global parliament, Organs of UN, the Individual and the International Legal System, NGOs/MNCs/Non-State Actors and International Law.
Sources of International Law, Custom as a source of International Law-state practice and opinio juris, Treaty as a source of International Law-signature and ratification of treaties, Interpretation of treaties, Jus cogens, Obligations erga omnes.
The relationship between National and International law, Application of International Law at the national level, Domestication of international obligations, Status of International Law in the Constitution of Bangladesh, Bangladeshi courts and International Law.
Dispute Settlement Mechanism in International Law, Bangladesh’s engagement with international courts and tribunals, Jurisdiction of ICJ, Complementarity of ICC and the prosecution of 1971 war criminals by the Bangladesh’s national tribunals.
