Teaching Documents by Niraj Pandey
DETAILED NOTES ON COMPANY LAW FOR LAW SEMESTERS EXAMINATION SUITABLE FOR BOTH UNDERGRADUATE AND P... more DETAILED NOTES ON COMPANY LAW FOR LAW SEMESTERS EXAMINATION SUITABLE FOR BOTH UNDERGRADUATE AND POSTGRADUATE LAW STUDENTS.
Detailed Notes On International Trade Law provided by e-PG Pathshala an initiative of the MHRD un... more Detailed Notes On International Trade Law provided by e-PG Pathshala an initiative of the MHRD under its National Mission on Education through ICT (NME-ICT) being executed by the UGC. For educational and academic purpose only.
DETAILED NOTES ON CONSTITUTIONAL LAW
The course includes the study of general principles of international law including law of Peace. ... more The course includes the study of general principles of international law including law of Peace. Third world concerns in respect of security and development and the role of U.N. and International Agencies in structuring solutions in the context of changing balance of powers are also to be appreciated. Course contents: UNIT-I Nature, definition, origin and basis of International Law; Sources of International Law; Relationship between Municipal and International Law; Subjects of International Law. UNIT-II States as subjects of International Law: States in general; Recognition; State territorial sovereignty. UNIT-III State Jurisdiction: Law of the sea; State Responsibility; Succession to rights and Obligations. UNIT-IV State and Individual-Extradition, Asylum and Nationality; the agents of international business; diplomatic envoys, consuls and other representatives; the law and practice as to treaties. UNIT-V The United Nations Organization-Principal organs and their functions; World Trade Organization-Main features; International Labour Organization. Key topics on Public international Law UNIT I 1. Origin and development of International Law. 2. Difference between Municipal law and International Law Definitions of International Law-Traditional Definitions of International Law International Law regulates the relations between or among states. States and only states are subjects of International Law Exponents: Oppenheim, J.L. Brierly and Hackworth Oppenheim's Definition: "Law of Nations or International Law is "the name for the body of customary and treaty rules which are considered legally binding by civilized states in their inter Course with each other" Key components in this definition are (a) It is a body of rules governing the relations between states; (b) States regard these rules as binding on them in their relation with one another. and (c) those rules are derived from customs and treaties. Criticism of Oppenheim's definition: including human rights are non-self executing treaties and in that context English practice of domestic application of international treaties is completely different from U.S. where treaties are regarded as supreme law of the land. However customary international law is regarded as part and parcel of the law of land in both England and U.S. country herein the host and represent his or her government's commercial interests and assist in the welfare of its citizens in that host country. Their functions are varied and include the protection of the sending states and its nationals, development of economic, cultural relations, issuing of passports among other functions .The current term consul began use in the 18th century and is based upon law rather than the general usage. There is a special treaty known as theVienna Convention on Consular Relations of 1963 A consul must have the authority of sending state and authorization of receiving state which must give consular officials and premises special protection Consular Immunity Analysis Company Limited (Belgium v. Spain) case. In that case, the court stated: Essential distinction should be drawn between the obligations of a State towards the international community as a whole, and those arising vis-à-vis another State in the field of diplomatic protection. By their very nature the former are the concern of all States. In view of the importance of the rights involved, all States can be held to have a legal interest in their protection. 8) Incorporation of treaty into State Law: Incorporation of the treaty into State Law: The final stage of the treaty is actual incorporation in the multiple law of the Contracting State where such incorporation is necessary in order to assume a binding character. Conclusion: A treaty is an agreement or contract entered between two or more States whereby they undertake to carry out obligations imposed on each of them. there are eight Stages in the formation of treaties.
CONTRACT LAW NOTES FOR SEMESTER EXAMINATION
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Teaching Documents by Niraj Pandey