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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY

(Formerly Uttarakhand Technical University, Dehradun Established by Uttarakhand State Govt. wide Act no. 415 of 2005)
Suddhowala, PO-Chandanwadi, Premnagar, Dehradun, Uttarakhand (Website- www.uktech.ac.in)

SYLLABUS
For
Master of LAW Programmes
(LLM)

(For admission in 2022-23 and onwards)

Syllabus of LLM. in VMSB Uttarakhand Technical University, Dehradun for admissions in (2022-23) and onwards PAGE 1
VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

ONE YEAR LL.M SYLLABUS

(CONSTITUTIONAL AND ADMINISTRATIVE LAW)

FIRST SEMESTER

COMPULSORY PAPERS

i. Research Methods and Legal Writing


ii. Comparative Public Law
iii. Law and Justice in a Globalizing world

OPTIONAL PAPERS

i. Center-State Relations and Constitutional Governance


ii. Fundamental Rights and Directive Principles

SECOND SEMESTER

i. Local Self-Government & Federal Governance


ii. Administrative Law
iii. Media Law
iv. Minorities Law
v. Dissertation

The examination, evaluation and other norms of improvement of grades will be governed as per
the norms of the credit system of the University Departments.

Syllabus of LLM in VMSB Uttarakhand Technical University, Dehradun for admissions in (2022-23) and onwards Page 1
VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-I
SYLLABUS
RESEARCH METHODS AND LEGAL WRITING (LPG-101)

L:T:P:: 3:1:0 Credits-3

Objectives-
The main objective of this course is to acquaint the student of law with the scientific method of
social science research. This course is expected to provide knowledge of the technique of
selection, collection and interpretation of primary and secondary data in socio-legal research.
Emphasis would be laid on practical training in conducting research in this course. They should
be able to design and execute small-scale research problems. The practical skill in conducting
research will be evaluated on their performance in field research and workshops/seminars.

Learning Outcomes:
i. Recognise primary and secondary sources of legal research material.
ii. Use and apply secondary sources, case law and legislation using both paper based and
online resources to a research problem.
iii. Develop correct research strategies to critically evaluate the relevance, quality, authority
and currency of the research materials.

UNIT-I: Introduction 8 Hours


i. The science of research and scientific methodology.
ii. Interrelation between speculation, fact and theory building-some fallacies of scientific
methodology with reference to socio-legal research.
iii. Inter-disciplinary research and legal research models.
iv. Armchair hair research vis-a-visempirical research.
v. Legal research-common law and civil law legal systems

UNIT- II: Research Design7 Hours


i. Workable Hypothesis-formulation and evaluation.
ii. Major steps in research design

UNIT-III: Research Techniques 7 Hours


i. Sampling
ii. Survey and Case Study method
iii. Scaling and Content Analysis

Syllabus of LLM in VMSB Uttarakhand Technical University, Dehradun for admissions in (2022-23) and onwards Page 2
VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

UNIT-IV:Research Tools and Data Processing 7 Hours


i. Observation
ii. Interview and schedule
iii. Questionnaire
iv. Socio-metrics and jurimetrics
v. Data processing (deductions andInductions) analysis and interpretation of data

UNIT- V: Legal writing 7 Hours


i. Report/article writing in legal research
ii. Use of definitions, maxims, concepts, principles, doctrines in legal research
iii. Citation methodology
iv. Book review and case comments

BIBLIOGRAPHY/REFERENCES
1. Robert Watt- Concise book on Legal Research
2. Ram Ahuja-Research Method
3. Good and Hatt- Research Methodology
4. Pauline Young- Research Methodology
5. Earl Babbie- Research Methodology
6. AnwarulYaqin-Legal Research Methodology
7. Wilkinson Bhandarkar-Research Methodology
8. SelltisJohoda-Research Methodology
9. Stott D.-Legal Research
10. Robert Watt and Francis Johns- Concise Legal Research

Syllabus of LLM in VMSB Uttarakhand Technical University, Dehradun for admissions in (2022-23) and onwards Page 3
VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-I
SYLLABUS
COMPARATIVE PUBLIC LAW (LPG-102)
L:T:P:: 3:1:0 Credits-3

Objectives- This paper focuses on analytical and theoretical scrutiny of Public Administrative
Law, Constitutional Law and Criminal Law and its component in a comparative manner to
enable the students and develop amongst them a proper understanding of the subject.

Learning Outcomes:

i. Understand the similarities and differences between leading (Western) constitutional


traditions in key areas (sovereignty, separation of powers etc.).

ii. Have an improved understanding of their own legal system.

iii. Understand how the States studied have developed and applied constitutional principles,
especially in the light of processes of globalization and democratization.
UNIT-I: Introduction 8 Hours
i. Meaning and definition of Public Law
ii. Concept of Public Law
iii. Globalisation of Comparative Public Law

UNIT- II: Tools of Comparative Public Law 7 Hours


i. Constitutional Law - Common Law, Civil Law
ii. Legislative Mechanism - Common Law, Civil Law
iii. Typology of Federalism - USA, India

UNIT- III: Public Interest Litigation - US, India 7 Hours


i. Locus standi
ii. Judicial Activism
iii. Judicial Accountability

UNIT- IV: Comparative Criminal Law - Common law, Civil law 7 Hours
i. Domestic Violations - International, National
ii. Provisions relating to Rape
iii. Plea Bargaining - US A, India
iv. White Collar Crimes
v. Juvenile Justice

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

UNIT- V: Ombudsman 7 Hours


i. Ombudsman in Scandinavian countries
ii. International Scenario - Common law and Civil law
iii. Indian Scenario
iv. Lokpal (Ombudsman)
v. Lokayukta

BIBLIOGRAPHY/REFERENCES
1. H. W. Wade - Administrative Law,
2. DeSmith - Judicial Review of Administrative Action.
3. Garner - Administrative Law.
4. D. D. Basu - Comparative Administrative Law.
5. Wade and Philips - Constitutional Law
6. Dicey - Introduction to Law of the Constitution.
7. Hood Philips - Constitutional Law and Adminstrative Law.
8. M. P. Jain, S. N. Jain - Principles of Administrative Law.
9. M. P. Jain - The Evolving Indian Administrative Law.
10. B, Schwartz - An Introduction to American Administrative Law.
11. K. S. Shukla and S. S. Singh - Lokayukta- A socio legal study.
12. Ivor Jennings - Law and the Constitution.
13. Neville L. Brown and J. F. Garner - French Administrative Law.
14. Peter H. Schuck - Foundations of Administrative Law.
15. P. P. Craig - Administrative Law.
16. Alex Carol - Constitution and Administrative Law.

Syllabus of LLM in VMSB Uttarakhand Technical University, Dehradun for admissions in (2022-23) and onwards Page 5
VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-I
SYLLABUS
LAW AND JUSTICE IN A GLOBALIZING WORLD (LPG-103)
L:T:P:: 3:1:0 Credits-3

Objectives- The main objective of the course is to enable students to understand and seek
solutions to pressing problems in the domain of global justice. By the end of the term, students
are expected to have become familiar with the multiple dimensions of the theoretical literature
and be able to critically evaluate the liberal, republican, and discursive democratic attempts to
make sense of, and to ameliorate, prevailing instances of injustice in the world. This will be
imparted through theoretical and philosophical debates advanced by various scholars and the
institutional mechanism that need to be accelerated to achieve the objectives of global justice.

Learning Outcomes:

i. Multiple strata at which law, justice and society interest.

ii. The process of globalization; and

iii. The implications of globalization on law and legal theory.

UNIT- I: Introduction 8 Hours


i. Meaning and significance of Globalization
ii. Concept of Global Justice
iii. Global Justice and Right to Development

UNIT- II: Theoretical Prepositions of Global Justice 7 Hours


i. Realism
ii. Particularism
iii. Nationalism
iv. Cosmopolitanism

UNIT- III:Historical and Central Challenges to Global Justice 7 Hours


i. Global Poverty- Role of International Mechanism
ii. Armed Conflict
iii. Nationalist practices
iv. Crimes against Humanity
v. Environment and Health
vi. Oppressive Policies- Threat of Terrorism, Global Politics

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

UNIT- IV: Role and Reformation of Global Institutions 7 Hours


i. States, sovereignty and Transnational Law
ii. Economic and Trade Institutions-MNC's
iii. Structural reforms of United Nations-Security Council
iv. International Judicial Institutions

UNIT- V: Models to Achieve Global Justice 7 Hours


i. Social Contract and Social Justice
ii. Sarvodaya Model of Justice
iii. Multi Culturalism and Cosmopolitanism
iv. Significance of Human Rights Education
v. Global Justice and Global Rule of Law

BIBLIOGRAPHY/REFERENCES

1. Springer: Encyclopedia of Global Justice 2012


2. Brian Barry, Culture and Equality. Cambridge: Polity, 2001!
3. Duncan Bell (ed.) Ethics and World Politics. Oxford 2010.
4. Allen Buchanan. Justice, Legitimacy, and Self-determination: Moral Foundations for
International Law. Oxford 2004.
5. Simon Caney, Justice Beyond Borders.Oxford:, 2005
6. Martha Nussbaum, Frontiers of Justice. Cambridge, Mass:Harvard University Press.
7. Thomas Pogge, World Poverty and Human Rights.Cambridge: Polity, 2002.
8. John Rawls, the Law of Peoples. Cambridge, Mass.: Harvard University Press, 1999
9. Amartya Sen, Development as Freedom. Oxford: 1999
10. Amartya Sen: Global Justice

Syllabus of LLM in VMSB Uttarakhand Technical University, Dehradun for admissions in (2022-23) and onwards Page 7
VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-I
SYLLABUS
CENTER-STATE RELATIONS AND CONSTITUTIONAL GOVERNANCE (LPG-112)

L:T:P:: 2:1:0 Credits-2

OBJECTIVE- The main objective of the course is to enable students to understand and seek
solutions to pressing problems in the domain of Constitutional law. By the end of the term,
students are expected to have become familiar with the multiple dimensions of the theoretical
literature and be able to critically evaluate the liberal, republican, and discursive democratic
attempts to make sense of, and to ameliorate, prevailing instances of relation between Center and
State.

Learning Outcomes:

i. Understand the theoretical and practical issues surrounding the making and the
amendment of constitutions.
ii. Understand how the States studied have developed their administrative structure and
iii. how they solve the conflicts between the State and the citizens.

UNIT- I: Indian Federalism 5 Hours


i. Conceptual position of Federalism
ii. Nature of the Indian Constitution
iii. Cooperative Federalism
iv. Relationship of trust and faith between the center and state
v. Challenges before the Indian Federalism.

UNIT- II: Distribution of Legislative Powers 5 Hours


i. The Scheme of the distribution of legislative powers in India the judicial approach and
the present position.
ii. Recommendation of Sarkaria Commission & Venkatachahah Commission.

UNIT- III: a. Restrictions of Fiscal Power 5 Hours


i. Fundamental Rights, Inter-Government Tax Immunities, Difference between Tax and
Fee.
b. Distribution of Tax Revenues: 5 Hours
i. Tax-Sharing under the Constitution, Finance Commission - Specific Purpose Grants
(Article 282).

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

UNIT- IV: Administration Relations: 5 Hours


i. Distribution of Executive Power.
ii. Centre- State administrative coordination.
iii. Power to carry on Trade.
iv. All India Services.
v. Center's Power to direct State.

UNIT- V: Emergency 4 Hours


i. Parliamentary power to legislate laws on state subjects’ list during emergency
ii. Failure of Constitutional Machinery in State (Article 356)
iii. Report of Different commission on Article 356

SUGGESTED READINGS
1. M.P.Jain, Indian Constitutional Law
2. D.D.Basu, Commentary on the Constitution of India
3. A.P.Datar, Commentary on the Constitution of India
4. H.M. Seervai, Constitutional Law of India
5. M.P. Singh, Constitution of India
6. Brolmann, C. and others, eds., Peoples and Minorities in International Law
7. Phillips, A. and A. Rosas, eds., The UN Minority Rights Declaration
8. Reddy, Jagmohan, Minorities and the Constitution
9. Sheth, D.L. and GurpreetMahajan, ed., Minority Identities and the Nation State
10. Thornberry, Patrick, International Law and the Rights of the Minorities

Syllabus of LLM in VMSB Uttarakhand Technical University, Dehradun for admissions in (2022-23) and onwards Page 9
VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-I
SYLLABUS
FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES (LPG-111)

L:T:P:: 2:1:0 Credits-2


Objectives- Learner will be able to understand the concept of Fundamental rights and directive
principles of state policies. Learner can initiate his /her case effectively before the court based on
violation of fundamental Rights.
LEARNING OUTCOMES:
i. Appraise The Fundamental Concepts, Principles, Theories, and Terminology used in the
main Branches of Constitutional law.
ii. Assess Needs of Different Groups in Society.
iii. Apply Disciplinary Principles and Practices to New or Complex Environments

UNIT- I: Right to Equality 5 hours


i. Scope of the right to Equality
ii. New approach of Article 14
iii. Equality of opportunity in matters of public employment and in admission to educational
institutions

UNIT- II: Freedom of Speech and Expression 5 Hours


i. The area of freedom and its limitation.
ii. Freedom of Press and challenges of new scientific development.

UNIT- III: Emerging Regime of New Fundamental Rights 5 Hours


i. The changing dimension of right to life and Personal Liberty.
ii. Reading Directive Principles and Fundamental Duties into Fundamental rights.

UNIT- IV: Right to Freedom of Religion 5 Hours


i. The scope of the freedom and the State Control.
ii. Secularism and religious finalism

UNIT- V: Directive Principles of State Policy 4 Hours


i. Ambedkar's thoughts
ii. Gandhian thoughts
iii. Socio-Economic thoughts

BIBLIOGRAPHY/REFERENCES
1. Seervai H.M., Constitutional Law of India (1996)
2. Basu, D.D. Shorter Constitution of India (1996)
3. Jain M.P, Outlines of Indian Legal History
4. Kashyap S.C. Our constitution

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-II
SYLLABUS
LOCAL SELF-GOVERNMENT & FEDERAL GOVERNANCE (LPG-213)

L:T:P:: 2:1:0 Credits-2

Objectives-The main objective of the course is to enable students to understand the basic concepts
of Local Self Government. By the end of the term, students are expected to have become familiar
with the multiple dimensions of the theoretical literature and be able to critically evaluate the role
of judiciary in interpreting the Local Self Government.

LEARNING OUTCOMES:
i. To create amongst students an understanding of the relevant constitutional freedoms,
legal issues and ethical principles pertaining to press and media
ii. To understand the legal framework that is shaping the convergence of old media
industries and the emergence of new ones.
iii. To appraise students with how the law is shaped, including the delicate balancing with
changing dimensions of time and social values.

UNIT- I: Historical 5 Hours

i. Early period
ii. Gram Swaraj-the Gandhian concept

UNIT- II: Constitutional Scheme 5 Hours


i. Directive Principles
ii. Structure and powers of local bodies

UNIT- III: Legislative Powers 5 Hours


i. Direct democracy and grass root planning,
ii. Municipalities and corporation,
iii. Gram Sabha

UNIT- IV: Quasi-legislative andFinancial Powers 5 Hours


i. Rulemaking power of the State Government
ii. Regulations and Byelaws
iii. Levying taxes
iv. Licensing power
v. Financial resources and powers

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

UNIT- V: Miscellanies 4 Hours


i. Judicial and Quasi-judicial powers of the Local Bodies
ii. Election to Local Bodies
iii. Conduct of Meetings - Corporation, Municipal Council, Panchayat Committee and
Gram Sabha
iv. Institutional and Judicial Control

SUGGESTED READINGS
5. M.P.Jain, Indian Constitutional Law
6. D.D.Basu, Commentary on the Constitution of India
7. A.P.Datar, Commentary on the Constitution of India
8. H.M. Seervai, Constitutional Law of India
9. M.P. Singh, Constitution of India
10. Brolmann, C. and others, eds., Peoples and Minorities in International Law
11. Phillips, A. and A. Rosas, eds., The UN Minority Rights Declaration
12. Reddy, Jagmohan, Minorities and the Constitution
13. Sheth, D.L. and GurpreetMahajan, ed., Minority Identities and the Nation State
14. Thornberry, Patrick, International Law and the Rights of the Minorities

Syllabus of LLM in VMSB Uttarakhand Technical University, Dehradun for admissions in (2022-23) and onwards Page 12
VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-II
SYLLABUS
Administrative Law (LPG-214)

L:T:P:: 2:1:0 Credits-2

OJECTIVES:The main objective of the course is to enable students to understand the basic
concepts of Administrative Law. By the end of the term, students are expected to have become
familiar with the multiple dimensions of the theoretical literature and be able to critically evaluate
the role of judiciary in interpreting the Administrative law.

LEARNING OUTCOMES:
iv. Appraise The Fundamental Concepts, Principles, Theories, and Terminology used in the
main Branches of law
v. Assess the Administrative Needs of Different Groups in Society.
vi. Apply Disciplinary Principles and Practices To New or Complex Environments.

UNIT- I: Introduction 5 Hours


i. Importance and Scope of Administrative Law.
ii. Rule of Law.
iii. Separation of Powers.

UNIT- II: Delegated Legislation 5 Hours


i. Constitutionality.
ii. Judicial Control.
iii. Parliamentary Control.
iv. Procedural Control

UNIT- III: Ombudsman in India 5 Hours

i. Origin and History Ombudman

ii. Lokpal Act in India

iii. Role of Judiciary

UNIT-IV:Role of Judiciary 5 Hours


i. Judicial Review of Discretionary Power.
ii. Writ of Mandamus.
iii. Writ of Certiorari.

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

iv. Writ of Prohibition


v. Writ of Quo-warranto

UNIT- V: Principles of Natural Justice 4 Hours


i. Natural Justice
ii. Administrative Tribunals

BIBLIOGRAPHY/REFERENCES
15. Seervai H.M., Constitutional Law of India (1996)
16. Basu, D.D. Shorter Constitution of India (1996)
17. Jain M.P, Outlines of Indian Legal History
18. Kashyap S.C. Our constitution

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-II
SYLLABUS
MEDIA LAW (LPG-215)

L:T:P:: 2:1:0 Credits-2

Objectives-This paper deals with the interaction between law and mass media. This paper
examines the major laws, regulations and court decisions affecting the media.

Learning Outcomes:
i. Understand the theoretical and practical issues surrounding the making and the
amendment of constitutions.
ii. Understand how the States studied have developed their administrative structure and
iii. How they solve the conflicts between the State and the citizens.

UNIT I- Introduction 5 Hours


i. Evolution of Media
ii. Types of media:
a. Print
b. Electronic
iii. E-Media — Free Flow of Information beyond boundaries and barriers
iv. Difference between Visual and non- Visual Media - impact on People

UNIT- II: Freedom of Speech and Expression Article 19(f) (a) 5 Hours
i. An introduction to Freedom of expression
ii. Evolution of Freedom of Press
iii. Restrictions under Constitution
iv. Article 19(2)
v. Government Power to legislate - Article 246 read with the Seventh Schedule.
vi. Power to impose Tax -licensing and licence fee.
vii. Advertisement & Ethics: Misleading Advertisement vis-a-vis Consumers rights

UNIT- Ill-Law of Defamation and Obscenity 5 Hours


i. Defamation
ii. Libel
a. Slander
b. Obscenity
iii. Sedition

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

UNIT- IV: Development of Laws Relating to Mass Media vis a vis International
Regime 4 Hours
i. Censorship of films
ii. Censorship under Constitution
iii. Censorship under the Cinematograph Act.
iv. Pre-censorship of films

BIBLIOGRAPHY/REFERENCES
1. M.P. Jain, Constitutional Law of India (1994) Wadawa, Nagpur.
2. H.M. Seervai, Constitutional Law of India 2002 Vol. 1 Universal.
3. Justice E.S. Venkaramiah, Freedom of Press: Some Recent Trends (1984).
4. D.D. Basu, The Law of Press of India (1980)
5. Rajeev Dhavan, "On the Law of the Press in India" 26 J.I.L.L 288 (1984).
6. Rajeev Dhavan, "Legitimating Government Rhetoric: Reflections on Some Aspects of the
Second Press Commission" 26 J.I.L.L 391 (1984).
7. Soli Sorabjee, Law of Press Censorship in India (1976).

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-II
SYLLABUS
MINORITIES LAW (LPG-216)

L:T:P:: 2:1:0 Credits-2

Objectives- To make the students aware of the importance of rights of minorities, to familiarize
them with the constitutional provisions related to minorities, to acquaint them with the rights of
minority educational institutions and exposition of the subject matter in detail with the help of
legislative, judicial and other materials.

Learning Outcomes:

i. To instill not just a bare understanding of but a perspective on constitutional


developments in Indian Constitutional Law.
ii. To understand the system of Government and the fundamental principles governing its
organization.
iii. To understand the detailed analysis of fundamental freedoms guaranteed under the Indian
Constitution.

UNIT- I: Minorities in Indian Society 5 Hours


i. Concept of Minorities
ii. Linguistic Minorities
iii. Religious Minorities
iv. Secularism
UNIT- II: International Norms for Protection of Minorities 5 Hours
i. Human Rights of Minorities
ii. Minority Rights under the International Covenant on Civil and Political Rights
iii. Non-discrimination provisions of the United Nations Charter 1945
Declaration on Rights of Minorities

UNIT- III: Minority Rights 5 Hours


i. Right to religion
ii. Linguistic rights
iii. Right to culture and traditions
iv. National Commission for Minority

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UNIT- IV: Rights of Minority Educational Institutions 5 Hours


i. Educational rights of Minorities
ii. Right to administer Minority educational institution

UNIT- V: Rights of Minority Educational Institutions 4 Hours

i. Aided and Unaided Minority Educational Institutions and Governmental Controls


ii. National Commission for Minority Educational Institutions

SUGGESTED READINGS
19. M.P.Jain, Indian Constitutional Law
20. D.D.Basu, Commentary on the Constitution of India
21. A.P.Datar, Commentary on the Constitution of India
22. H.M. Seervai, Constitutional Law of India
23. M.P. Singh, Constitution of India
24. Brolmann, C. and others, eds., Peoples and Minorities in International Law
25. Phillips, A. and A. Rosas, eds., The UN Minority Rights Declaration
26. Reddy, Jagmohan, Minorities and the Constitution
27. Sheth, D.L. and Gurpreet Mahajan, ed., Minority Identities and the Nation State
28. Thornberry, Patrick, International Law and the Rights of the Minorities

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ONE YEAR LL.M SYLLABUS


CORPORATE AND COMMERCIAL LAW

FIRST SEMESTER

COMPULSORY PAPERS

i. Research Methods and Legal Writing


ii. Comparative Public Law
iii. Law and Justice in a Globalizing world

OPTIONAL PAPERS

i. Competition Law
ii. Banking and Insurance Law

SECOND SEMESTER
i. Labour / Employment Law
ii. Company Law
iii. Intellectual Property Law
iv. Cyber Law
v. Dissertation

The examination, evaluation and other norms of improvement of grades will be governed
as per the norms of the credit system of the University Departments.

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER – I
SYLLABUS
RESEARCH METHODS AND LEGAL WRITING (LPG-101)

L:T:P:: 3:1:0 Credits-3

OBJECTIVES-The main objective of this course is to acquaint the student of law with
the scientific method of social science research. This course is expected to provide
knowledge of the technique of selection, collection and interpretation of primary and
secondary data in socio-legal research. Emphasis would be laid on practical training in
conducting research in this course. They should be able to design and execute small-scale
research problems. The practical skill in conducting research will be evaluated on their
performance in field research and workshops/seminars.

OUTCOMES-
1. Learners will be able to recognize primary and secondary sources of legal research
material.
2. Learners will be able to use and apply secondary sources, case law and legislation
using both paper-based and online resources to a research problem.
3. Learners will be able to develop correct research strategies to critically evaluate the
relevance, quality, authority and currency of the research materials.
4. Learners will be able to demonstrate good legal writing skills, including an
understanding of the use and preparation of legal research material in legal writing
and the correct methods of legal referencing.

UNIT- I: Introduction 8 Hours


i. The science of research and scientific methodology.
ii. Interrelation between speculation, fact and theory building-some fallacies of scientific
methodology with reference to socio-legal research.
iii. Inter-disciplinary research and legal research models.
iv. Armchair hair research vis-a-vis empirical research.
v. Legal research-common law and civil law legal systems

UNIT- II: Research Design 7 Hours


i. Workable Hypothesis-formulation and evaluation.
ii. Major steps in research design

UNIT-III: Research Techniques 7 Hours


i. Sampling
ii. Survey and Case Study Method
iii. Scaling and Content Analysis
UNIT- IV:Research Tools and Data Processing 7 Hours

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

i. Observation
ii. Interview and schedule
iii. Questionnaire
iv. Socio-metrics and jurimetrics
v. Data processing (deductions andInductions) analysis and interpretation of data

UNIT- V: Legal writing 7 Hours

i. Report/article writing in legal research


ii. Use of definitions, maxims, concepts, principles, doctrines in legal research
iii. Citation methodology
iv. Book review and case comments

BIBLIOGRAPHY/REFERENCES
1. Robert Watt- Concise book on Legal Research
2. Ram Ahuja-Research Method
3. Good and Hatt- Research Methodology
4. Pauline Young- Research Methodology
5. Earl Babbie- Research Methodology
6. Anwarul Yaqin-Legal Research Methodology
7. Wilkinson Bhandarkar-Research Methodology
8. SelltisJohoda-Research Methodology
9. Stott D.-Legal Research
10.Robert Watt and Francis Johns- Concise Legal Research

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SEMESTER-I
SYLLABUS
COMPARATIVE PUBLIC LAW (LPG-102)

L:T:P:: 3:1:0 Credits-3

OBJECTIVE- This paper focuses on analytical and theoretical scrutiny of Public


Administrative Law, Constitutional Law and Criminal Law and its component in a
comparative manner to enable the students and develop amongst them a proper
understanding of the subject.

OUTCOMES

1. Understand the similarities and differences between leading (Western)


constitutional traditions in key areas (sovereignty, separation of powers etc.).

2. Have an improved understanding of their own legal system.

3. Understand how the States studied have developed and applied constitutional
principles, especially in the light of processes of globalization and democratization.

4. Understand the theoretical and practical issues surrounding the making and the
amendment of constitutions.

5. Understand how the States studied have developed their administrative structure
and how they solve the conflicts between the State and the citizens.

UNIT-I: Introduction 8 Hours


i. Meaning and definition of Public Law
ii. Concept of Public Law
iii. Globalization of Comparative Public Law

UNIT- II: Tools of Comparative Public Law 7 Hours


i. Constitutional Law - Common Law, Civil Law
ii. Legislative Mechanism - Common Law, Civil Law
iii. Typology of Federalism - USA, India

UNIT- III: Public Interest Litigation - US, India 7 Hours


i. Locus standi
ii. Judicial Activism
iii. Judicial Accountability

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UNIT- IV: Comparative Criminal Law - Common law, Civil law 7 Hours
i. Domestic Violations - International, National
ii. Provisions relating to Rape
iii. Plea Bargaining - US A, India
iv. White Collar Crimes
v. Juvenile Justice

UNIT- V: Ombudsman 7 Hours


i. Ombudsman in Scandinavian countries
ii. International Scenario - Common law and Civil law
iii. Indian Scenario
iv. Lokpal (Ombudsman)
v. Lokayukta

BIBLIOGRAPHY/REFERENCES
1. H. W. Wade - Administrative Law,
2. DeSmith - Judicial Review of Administrative Action.
3. Garner - Administrative Law.
4. D. D. Basu - Comparative Administrative Law.
5. Wade and Philips - Constitutional Law
6. Dicey - Introduction to Law of the Constitution.
7. Hood Philips - Constitutional Law and Adminstrative Law.
8. M. P. Jain, S. N. Jain - Principles of Administrative Law.
9. M. P. Jain - The Evolving Indian Administrative Law.
10. B, Schwartz - An Introduction to American Administrative Law.
11. K. S. Shukla and S. S. Singh - Lokayukta- A socio legal study.
12. Ivor Jennings - Law and the Constitution.
13. Neville L. Brown and J. F. Garner - French Administrative Law.
14. Peter H. Schuck - Foundations of Administrative Law.
15. P. P. Craig - Administrative Law.
16. Alex Carol - Constitution and Administrative Law.

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SEMESTER-I
SYLLABUS
LAW AND JUSTICE IN A GLOBALIZING WORLD (LPG-103)
L:T:P:: 3:1:0 Credits-3

OBJECTIVES- The main objective of the course is to enable students to understand and
seek solutions to pressing problems in the domain of global justice. By the end of the term,
students are expected to have become familiar with the multiple dimensions of the
theoretical literature and be able to critically evaluate the liberal, republican, and
discursive democratic attempts to make sense of, and to ameliorate, prevailing instances of
injustice in the world. This will be imparted through theoretical and philosophical debates
advanced by various scholars and the institutional mechanism that need to be accelerated
to achieve the objectives of global justice.

OUTCOMES

i. Learners shall be able to multiple strata at which law, justice and society interest;
process of globalization; the implications of globalization on law and legal theory.

ii. Understand the similarities and differences between leading (Western)


constitutional traditions in key areas (sovereignty, separation of powers etc.).

iii. Have an improved understanding of their own legal system.

UNIT- I: Introduction 8 Hours


i. Meaning and significance of Globalization
ii. Concept of Global Justice
iii. Global Justice and Right to Development

UNIT- II: Theoretical Prepositions of Global Justice 7 Hours


i. Realism
ii. Particularism
iii. Nationalism
iv. Cosmopolitanism

UNIT- III:Historical and Central Challenges to Global Justice 7 Hours


i. Global Poverty- Role of International Mechanism
ii. Armed Conflict
iii. Nationalist practices
iv. Crimes against Humanity
v. Environment and Health
vi. Oppressive Policies- Threat of Terrorism, Global Politics

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UNIT- IV: Role and Reformation of Global Institutions 7 Hours


i. States, sovereignty and Transnational Law
ii. Economic and Trade Institutions-MNC's
iii. Structural reforms of United Nations-Security Council
iv. International Judicial Institutions

UNIT- V: Models to Achieve Global Justice 7 Hours


i. Social Contract and Social Justice
ii. Sarvodaya Model of Justice
iii. Multi Culturalism and Cosmopolitanism
iv. Significance of Human Rights Education
v. Global Justice and Global Rule of Law

BIBLIOGRAPHY/REFERENCES
1. Springer: Encyclopedia of Global Justice 2012
2. Brian Barry, Culture and Equality. Cambridge: Polity, 2001!
3. Duncan Bell (ed.) Ethics and World Politics.Oxford 2010.
4. Allen Buchanan. Justice, Legitimacy, and Self-determination: Moral Foundations
for International Law. Oxford 2004.
5. Simon Caney, Justice Beyond Borders.Oxford:, 2005
6. Martha Nussbaum, Frontiers of Justice. Cambridge, Mass:Harvard University
Press.
7. Thomas Pogge, World Poverty and Human Rights.Cambridge: Polity, 2002.
8. John Rawls, the Law of Peoples. Cambridge, Mass.: Harvard University Press,
1999
9. Amartya Sen, Development as Freedom. Oxford: 1999
10. Amartya Sen: Global Justice

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SEMESTER-I
SYLLABUS
COMPETITION AND CONSUMER PROTECTION LAWS (LPG 121)

L:T:P:: 2:1:0 Credits-2

OBJECTIVES -In most countries of the world that competition plays a key role to play in
ensuring productive, efficient, innovative and responsive markets. The consumers have
ensuredthe availability of 'goods' and 'services' in an abundance of acceptable quality at
affordable prices. Competition law and policy also result in equity among producers and
reduce rent-seekingbehaviour on their part. In tune with the international trend and to cope
with changing realities, India has reviewed the Monopolies and Restrictive Trade Practices
Act, 1969 and has enacted the Competition Act, 2002 (the Act) w. e. f. l4.1.03.

Learning Outcomes:
i. Understand the goals of competition law
ii. Understand, explain and apply the two main prohibitions of Competition Law; the
prohibitions of anti-competitive agreements and abuse of a dominant position.
iii. Understand and explain the rules on enforcement and sanctions in Competition
Law.

UNIT- I: Introduction 5 Hours


i. Basic economic and legal principles
ii. Restraint of Trade under the Indian Contract Act
iii. Monopolistic Trade Practices
iv. Restrictive Trade Practices

UNIT- II: Development of law from MRTP to Competition Act 2002 5 Hours
i. Aims, Objects and Salient features
ii. Comparison between MRTP Act and Competition Act
iii. Anti-Competitive Agreement
iv. Abuse of Dominant Position
v. Combination
vi. Protection of consumers

UNIT- III: Competition Commission of India 5 Hours


i. Structure and function of CCI
ii. Regulatory role

UNIT- IV: Competition Appellate Tribunal- 5 Hours


i. Composition, Functions, Powers and Procedure

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ii. Award Compensation


iii. Power to punish for contempt
iv. Execution of orders

UNIT- V: Consumer Protection Act, 1986 and its applicability to Competition Law
4 Hours
i. Definition of Consumer
ii. Definition of Service
iii. Deficiency in Services
iv. Unfair Trade Practices

BIBLIOGRAPHY/REFERENCES

1. K.S. Anantaranan : Lectures on Company Law and MRTP


2. Dr. R.K. Singh: Restriction Trade Practices and Public Interest
3. Suzan Rab- Indian Competition Law- An International Perspective
4. S.M. Dugar's MRTP Law, Competition Law and Consumer Protection
5. Report of the Monopolies Inquiries Commission, Govt, of India 1965 (Dr. Hazari
Report)
6. 1980 and other related work
7. A.E. Rodrigues, Ashok Menon- The limits of Competition Policy, the shortcomings
ofEconomics
8. Taxmann's competition Law and Practice

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SEMESTER-I
SYLLABUS
BANKING AND INSURANCE (LPG-122)

L:T:P:: 2:1:0 Credits-2

OBJECTIVE-To have basic institutional and practical knowledge supported by text book
including uptodate basic information in the field of Banking and Insurance Sector.

Learning Outcomes:
i. To express their opinions about Banking and Insurance in Written and oral forum
based on the basic knowledge and skills aquire.
ii. To have consciousness about universality of social rights , Social Justice , Quality
and cultural values , protection of Environment , occupational health and safety

UNIT- I: 5 Hours
A. Introduction
i. Nature and Development of Banking.
ii. Functions of Banking
iii. Global Banking Institutions
iv. The Banking (Regulation) Act, 1949. Its main provisionsare social control, and the
nationalization of Banks.

UNIT- II 5 Hours
i. Bank and Customer Relationship,
ii. Banking Operations: Lending by Banks, Collection and Payments of Cheques,
Negotiable Instrument & their characteristics, Cheques, Dishonor of Cheques, and
Appropriation of payments.
iii. Interference by third parties.
iv. Attachment, Mareva Injunctions, Bank and Garnishee, set off.

UNIT- -III 5 Hours


i. Social Banking
ii. Basal II norms
iii. Letter of Credit
iv. Recovery of Debts Due to Banks.
v. Banking Ombudsman Scheme 2002. Debt Recovery Tribunal Act.
vi. Recent Trends of Banking System in India.

UNIT- IV: 5 Hours


i. The Evaluation of Banking Services and its History in India
ii. History of Banking in India

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iii. Bank nationalization and social control over banking.


iv. Various types of Banks and their functions.
v. Contract between banker and customer: their rights and duties.
vi. Role and functions of Banking Institutions

UNIT- V: Lending by Banks and Recent Trends of Banking System 4 Hours


i. Advances, Loans and Securities.
ii. Direct, collateral and miscellaneous Securities.
iii. Default and recovery.
iv. Bank Debt Recovery Tribunals.
v. The Securitization and Reconstruction of Financial Assets and Enforcements of
Security Interest Act, 2002 (Definitions, Section 13 - Enforcement of security
interest, Section 17 Right to appeal.)

BIBLIOGRAPHY/REFERENCES

1. Basu, A.: Review of Current Banking Theory and Practice (1998) Mac
Miilan
2. M. Hapgood (ed.): Paget"slawof Banking (1989) Butterworths, London
3. R. Goode: Commercial Law, (1995) Penguin, London
4. Ross Cranston: Principles of Banking Law (1997) Oxford
5. L.C. Goyle: The Law of Banking and Bankers (1995) Eastern
6. M.L. Tannan:Tamnan's Banking Law and Practice in India (1997), India
Law House. New conti and Hamaui (eds.): Financial Markets Liberalization
and the Role of Banks'
7. Cambridge University Press, Cambridge (1993)
8. J. Dermine (ed.): European Banking in the 1990's (1993) Blackwell, Oxford
9. K. Subrahmanyan Banking Reforms in India (1997), Tata McGraw Hill,
New Delhi
10. R.S. Narayanna: The Recovery of Debts due to Banks and Financial
Institution Act, 1993 (51of 1993), Asia Law House, Hyderabad
11. M.A. Mir: The Law Relating to Bank Guarantee in India (1992)
Metropolitan Book, New Delhi
12. Mitra: The Law Relating to Bankers' Letters of Credit and Allied Laws
(1998), UniversityBook Agency, Allahabad

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SEMESTER-II
SYLLABUS
LABOUR AND EMPLOYMENT LAWS(LPG-223)
L:T:P:: 3:1:0 Credits-2

OBJECTIVE-By the end of this course, students should be able to understand the nature
and scope of labor laws and also the rationale of labor laws in organizations.

OUTCOMES

i. To identify all aspects of Labour Law practiced in India.


ii. To exhibit a comprehensive theoretical and practical understanding of Labour Law
iii. To demonstrate an intellectual capacity for solving industrial disputes.

UNIT- I: Introduction 5 Hours


i. Workers’ Rights as Human Rights-Constitutional edifice and reflections of ILO
Standards in the Indian legal System.
ii. Concept of employment, non-employment, termsof employment and conditions
of labour.
iii. Challenges and Issues with reference labour management relations in 21s
Century

UNIT- II: Social Security Labour Legislations 5 Hours


i. National (Constitutional and Statutory) and International Perspectives
ii. ILO norms, measures and standards-its relevance in Indian legal system.
iii. Employment Contracts and labour management relations-Trends, Issues and
Challenges-A critique of comparative contract labour laws (India, US &Europe)

UNIT- III: Transnational Trade and Labour 5 Hours


i. Impact of globalization on labour market-Indian, US, European & Japanese
perspectives.
ii. ILO vis-a-vis WTO
iii. Developing vis-a-vis developed States

UNIT- V: Labor and Employment Resolution Mechanism 5 Hours

i. Resolution of Labour Management Disputes-Means and Mechanisms

UNIT- IV: Law and Policies of Protective Discrimination in Employment


Laws 4 Hours
i. Social s e c u r i t y safety and welfare at workplace-women, children, and differently
abled.

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ii. Compensation, Insurance with respect to wrongful dismissal and


employment hazards.

BIBLIOGRAPHY/REFERENCES
1. Ravi Singhania-Employment Law in India, CCH Wolters Kluwer
2. Guide to Employment Law-CCH Wolters Kluwer Business
3. Marian Baird, Keith Hancock, Joe Isaac- Work and Employment Relations an Era of
Change, Routledge Taylor and Francis group
4. Key Cases: Employment Law by Chris Turner Routledge Taylor and Francis group
5. New Governance and the European Employment Strategy, By Samantha Velluti,
Series: Routledge Research in European Union

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SEMESTER-II
SYLLABUS
COMPANY LAW (LPG-224)
L:T:P:: 2:1:0 Credits-2

OBJECTIVE- In view of the changing niceties of global governance especially from the
point of view of good governance, corporate governance plays a vital role in the
development of economy both nationally and internationally. Taking this
intoconsideration, the paper aims to introduce to the students the nuances of corporate law
and the obligations of it towards society in discharging its trading relations and to be a
good corporate citizen.

OUTCOMES:
i. Explain and apply to various fact scenarios the concept of separate legal entity.
ii. To explain the basic documents such as MOA and AOA required for company.
iii. To develop the ability to identify and effectively use the corporate law resources.
And todevelop the ability to learn company law both independently and
cooperatively in aprofessional environment.
iv. To evaluate and analyze socially reasonable corporate behavior

UNIT- I: Introduction 5 Hours


i. Corporate personality
ii. Advantages and Disadvantages of Incorporation
iii. Concept of lifting of Corporate Veil

UNIT- II: Corporate Finance 5 Hours


i. Company capital- Equity Finance, Debt Finance.
ii. Offer Documents
iii. Public Issues
iv. Under writing of issues
v. Corporate Loans
vi. Venture Capital, Institutional Financing
vii. Role of SEBI and stock exchanges

UNIT- III: Amalgamation, Reconstruction, Mergers and takeovers etc. 5 Hours


i. Meaning of the terms
ii. Statutory provisions
iii. Powers of the court/tribunal

UNIT- IV: Legal aspects governing corporate management 5 Hours


i. Meetings, Majority rule and Minority protection
ii. Prevention of oppression, mismanagement
iii. Role of central Govt., company registrar, Company Law Board/ Tribunal

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UNIT- V: Corporate Governance 5 Hours


i. Concept, Significance, Dimensions
ii. Legal framework,
iii. Basic Principles and OECD principles of Corporate Governance Impact of
globalization

BIBLIOGRAPHY/REFERENCES
1. J.M. Thomson- Palmer's Company Law
2. Gower- Principles of Modem Company Law
3. Ramaiya- Guide to Companies Act
4. Indian Law Institute- Current Problems of Corporate Law
5. Compendium on SEBI, Capital Issues and Listing-by Chandratre, Acharya,
Israni, Sethuraman
6. Corporate Finance- Ashwath Damodaran

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SEMESTER-II
SYLLABUS
INTELLECTUAL PROPERTY LAWS(LPG-225)

L:T:P:: 2:1:0 Credits-2

OBJECTIVE-The main objective of the paper is to introduce to the students the concepts
of IPR and their relationship with other subjects especially, economic law, and other
technological aspects. Apart from the above-the paper covers the approaches of
International Institutions and introduces the various aspects that are form part of the
province of IPR.

OUTCOMES:
i. Students in this course will be able to get a holistic understanding of the
complexitiesinvolved in the process of attributing intellectual property rights to
people.
ii. Students learn the legalities of intellectual property to avoid plagiarism and other
IPRrelates crimes like copyright infringements, etc.

UNIT- I: Introduction 5 Hours


i. Origin and Genesis of IPR
ii. Theories of IPR - Locke's, Hegel and Marxian
iii. Ethical, moral and human rights perspectives of IPR

UNIT- II: Intellectual Property Rights: International Relevance 5 Hours


i. Internationalization of IP protection - Paris Convention, Berne Convention, TRIPS
Agreement - basic principles and minimum standards - limits of one-size-fit for all -
flexibilities under TRIPS

UNIT- III: Intellectual Property: Issues and Challenges 5 Hours


i. Copyright protection with reference to performers rights and Artist rights-
ii. Global governance towards Patents
iii. Trademarks: Legal recognition, Comparative analysis in India, EU and USA
Trade secrets: Legal recognition, Comparative analysis in India, EU and USA

UNIT- IV: Intellectual Property: Contemporary Trends 5 Hours


i. Benefit sharing and contractual agreements - International Treaty on Plant Genetic
Resources for Food and Agriculture — issues on patent policy and farmers' rights-
CBD,Nagoya Protocol and Indian law.

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UNIT- V: International Perspective 4 Hours


i. UNESCO — Protection of folklore/cultural expressions.
ii. Developments in WIPO on traditional knowledge and traditional cultural expressions

BIBLIOGRAPHY/REFERENCES

1. W. Cornish & Llewelyn - Intellectual Property: Patent, Copyrights, Trademarks&


Allied Rights", London Sweet & Maxwell.
2. Nard Madison- The Intellectual Property, Asian Publication.
3. Carlosm Correa- Oxford commentaries on GATT/ WTO Agreements trade related
aspects of Intellectual Property Rights, Oxford University Press.
4. David Bainbridge - Intellectual Property Law.

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SEMESTER-II
SYLLABUS
CYBER LAWS (LPG-226)

L:T:P:: 2:1:0 Credits-2

OBJECTIVES-The main objective of this course is to make students familiar with the
developments that are being taking place in the different areas with the help of Computer
Science and Information Technology. To acquaint the students with the national and
international legal order relative to these.

Learning Outcome:
i. To create awareness amongst students with regards to legal developments in the
context of emerging technology and science across various fields.
ii. To familiarize students with problems and perspectives between law, science and
various forms of evolving technologies.
iii. To enable students to understand the realm of privacy evolving with developments
in technology.

UNIT- I: Fundamentals of Cyber Law 5 Hours


i. Conceptual and theoretical perspective of cyber law.
ii. Computer and Web Technology
iii. Development of Cyber Law-National and International Perspective

UNIT- II: Legal Issues and Challenges in India, USA and EU 5 Hours
i. Data Protection, Cyber Security.
ii. Legal recognition of Digital Evidence.
iii. Recognition of liability in the digital world.
iv. Jurisdiction Issues in Transnational Crimes

UNIT- III: Cyber Law: International Perspectives 5 Hours


i. Budapest Convention on Cybercrime.
ii. ICANN's core principles and the domain names disputes.
iii. Net neutrality and the EU electronic communications regulatory framework,
iv. Web Content Accessibility Guidelines (WCAG) 2.0

UNIT- IV: Cyber Law - Contemporary Trends 5 Hours


i. Impact of cyber warfare on privacy, identity theft.
ii. International law governing Censorship, online privacy, copyright regulations.
.

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UNIT- V: Recent Perspectives 4 Hours

i. Online Intermediaries in the governance of Internet.


ii. Social Networking Sites vis-a-vis Human Rights

BIBLIOGRAPHY/REFERENCES

1. Yatindra Singh: Cyber Laws.


2. Ajit Narayanan and Bennum (ed.): Law, Computer Science and Artificial
Intelligence.
3. Linda Brennan and Victoria Johnson: Social, ethical and policy implication of
Information Technology.
4. Kamath Nandan: Law relating to Computer, Internet and E-Commerce.
5. Arvind Singhal and Everett Rogers: India's Communication Revolution: From
BullockCarts to Cyber Marts.
6. Lawrence Lessing: Code and other Laws of cyberspace.

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ONE YEAR LL.M SYLLABUS


CRIMINAL AND SECURITY LAW

FIRST SEMESTER

COMPULSORY PAPERS

i. Research Methods and Legal Writing


ii. Comparative Public Law
iii. Law and Justice in a Globalizing world

OPTIONAL PAPERS

i. Criminology and Criminal Justice Administration


ii. Victimology

SECOND SEMESTER
i. Criminal Justice and Human Rights
ii. Police Law and Administration
iii. Corporate Crimes/White Collar Crimes
iv. International Criminal Law
v. Dissertation

The examination, evaluation and other norms of improvement of grades will be governed as per
the norms of the credit system of the University Departments.

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SEMESTER-I
SYLLABUS
RESEARCH METHODS AND LEGAL WRITING (LPG-101)

L:T:P:: 3:1:0 Credits-3

OBJECTIVE-The main objective of this course is to acquaint the student of law with the
scientific method of social science research. This course is expected to provide knowledge of the
technique of selection, collection and interpretation of primary and secondary data in socio-legal
research. Emphasis would be laid on practical training in conducting research in this course.
They should be able to design and execute small-scale research problems. The practical skill in
conducting research will be evaluated on their performance in field research and
workshops/seminars.

Learning Outcomes:
i. Recognise primary and secondary sources of legal research material.
ii. Use and apply secondary sources, case law and legislation using both paper based and
online resources to a research problem.
iii. Develop correct research strategies to critically evaluate the relevance, quality, authority
and currency of the research materials.

UNIT- I: Introduction 8 Hours


i. The science of research and scientific methodology.
ii. Interrelation between speculation, fact and theory building-some fallacies of scientific
methodology with reference to socio-legal research.
iii. Inter-disciplinary research and legal research models.
iv. Armchair hair research vis-à-vis empirical research.
v. Legal research-common law and civil law legal systems

UNIT- II: Research Design 7 Hours


i. Workable Hypothesis-formulation and evaluation.
ii. Major steps in research design

UNIT-III:Research Techniques 7 Hours


i. Sampling
ii. Survey and Case Study method
iii. Scaling and Content Analysis

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UNIT- IV:Research Tools and Data Processing 7 Hours


i. Observation
ii. Interview and schedule
iii. Questionnaire
iv. Socio-metrics and jurimetrics
v. Data processing (deductions andInductions) analysis and interpretation of data

UNIT- V: Legal writing 7 Hours


i. Report/article writing in legal research
ii. Use of definitions, maxims, concepts, principles, doctrines in legal research
iii. Citation methodology
iv. Book review and case comments

BIBLIOGRAPHY/REFERENCES

1. Robert Watt- Concise book on Legal Research


2. Ram Ahuja-Research Method
3. Good and Hatt- Research Methodology
4. Pauline Young- Research Methodology
5. Earl Babbie- Research Methodology
6. AnwarulYaqin-Legal Research Methodology
7. Wilkinson Bhandarkar-Research Methodology
8. SelltisJohoda-Research Methodology
9. Stott D.-Legal Research
10.Robert Wattand Francis Johns- Concise Legal Research

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SEMESTER-I
SYLLABUS
COMPARATIVE PUBLIC LAW (LPG-102)
L:T:P:: 3:1:0 Credits-3

OBJECTIVE- This paper focuses on analytical and theoretical scrutiny of Public


Administrative Law, Constitutional Law and Criminal Law and its component in a comparative
manner to enable the students and develop amongst them a proper understanding of the subject.

Learning Outcomes:

i. Understand the similarities and differences between leading (Western) constitutional


traditions in key areas (sovereignty, separation of powers etc.).

ii. Have an improved understanding of their own legal system.

iii. Understand how the States studied have developed and applied constitutional principles,
especially in the light of processes of globalization and democratization.

UNIT-I: Introduction 8 Hours


i.Meaning and definition of Public Law
ii. Concept of Public Law
iii. Globalization of Comparative Public Law

UNIT- II: Tools of Comparative Public Law 7 Hours


i. Constitutional Law - Common Law, Civil Law
ii. Legislative Mechanism - Common Law, Civil Law
iii. Typology of Federalism - USA, India

UNIT- III: Public Interest Litigation - US, India 7 Hours


i. Locus standi
ii. Judicial Activism
iii. Judicial Accountability

UNIT- IV: Comparative Criminal Law - Common law, Civil law 7 Hours
i. Domestic Violations - International, National
ii. Provisions relating to Rape
iii. Plea Bargaining - US A, India
iv. White Collar Crimes
v. Juvenile Justice

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UNIT- V: Ombudsman 7 Hours


i. Ombudsman in Scandinavian countries
ii. International Scenario - Common law and Civil law
iii. Indian Scenario
iv. Lokpal (Ombudsman)
v. Lokayukta

BIBLIOGRAPHY/REFERENCES
1. H. W. Wade - Administrative Law,
2. DeSmith - Judicial Review of Administrative Action.
3. Garner - Administrative Law.
4. D. D. Basu - Comparative Administrative Law.
5. Wade and Philips - Constitutional Law
6. Dicey - Introduction to Law of the Constitution.
7. Hood Philips - Constitutional Law and Adminstrative Law.
8. M. P. Jain, S. N. Jain - Principles of Administrative Law.
9. M. P. Jain - The Evolving Indian Administrative Law.
10. B, Schwartz - An Introduction to American Administrative Law.
11. K. S. Shukla and S. S. Singh - Lokayukta- A socio legal study.
12. Ivor Jennings - Law and the Constitution.
13. Neville L. Brown and J. F. Garner - French Administrative Law.
14. Peter H. Schuck - Foundations of Administrative Law.
15. P. P. Craig - Administrative Law.
16. Alex Carol - Constitution and Administrative Law.

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SEMESTER-I
SYLLABUS
LAW AND JUSTICE IN A GLOBALIZING WORLD (LPG-103)
L:T:P::3:1:0 Credits-3

OBJECTIVE- The main objective of the course is to enable students to understand and seek
solutions to pressing problems in the domain of global justice. By the end of the term, students
are expected to have become familiar with the multiple dimensions of the theoretical literature
and be able to critically evaluate the liberal, republican, and discursive democratic attempts to
make sense of, and to ameliorate, prevailing instances of injustice in the world. This will be
imparted through theoretical and philosophical debates advanced by various scholars and the
institutional mechanism that need to be accelerated to achieve the objectives ofglobal justice.

Learning Outcomes:

i. Multiple strata at which law, justice and society interest.

ii. The process of globalization; and

iii. The implications of globalization on law and legal theory.

UNIT- I: Introduction 8 Hours


i. Meaning and significance of Globalization
ii. Concept of Global Justice
iii. Global Justice and Right to Development

UNIT- II: Theoretical Prepositions of Global Justice 7 Hours


i. Realism
ii. Particularism
iii. Nationalism
iv. Cosmopolitanism

UNIT- III:Historical and Central Challenges to Global Justice 7 Hours


i. Global Poverty- Role of International Mechanism
ii. Armed Conflict
iii. Nationalist practices
iv. Crimes against Humanity
v. Environment and Health
vi. Oppressive Policies- Threat of Terrorism, Global Politics

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UNIT- IV: Role and Reformation of Global Institutions 7 Hours


i. States, sovereignty and Transnational Law
ii. Economic and Trade Institutions-MNC's
iii. Structural reforms of United Nations-Security Council
iv. International Judicial Institutions

UNIT- V: Models to Achieve Global Justice 7 Hours


i. Social Contract and Social Justice
ii. Sarvodaya Model of Justice
iii. Multi Culturalism and Cosmopolitanism
iv. Significance of Human Rights Education
v. Global Justice and Global Rule of Law

BIBLIOGRAPHY/REFERENCES
1. Springer: Encyclopedia of Global Justice 2012
2. Brian Barry, Culture and Equality. Cambridge: Polity, 2001!
3. Duncan Bell (ed.) Ethics and World Politics. Oxford 2010.
4. Allen Buchanan. Justice, Legitimacy, and Self-determination: Moral Foundations for
International Law. Oxford 2004.
5. Simon Caney, Justice Beyond Borders.Oxford:, 2005
6. Martha Nussbaum, Frontiers of Justice. Cambridge, Mass:Harvard University Press.
7. Thomas Pogge, World Poverty and Human Rights.Cambridge: Polity, 2002.
8. John Rawls, the Law of Peoples. Cambridge, Mass.: Harvard University Press, 1999
9. Amartya Sen, Development as Freedom. Oxford: 1999
10. Amartya Sen: Global Justice

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SEMESTER-II
SYLLABUS
CRIMONOLOGY AND CRIMINAL ADMIN1STARATION SUBJECT (LPG 131)

L:T:P::2:1:0 Credits-2

OBJECTIVE - Crime and the threat of victimization are inescapable realities of contemporary
society. Crime is so commonplace that prevention and security measures are viewed as natural
and necessary precautions in both public and private life. A considerable and growing percentage
of public resources are allocated for juvenile delinquency prevention initiatives, law enforcement
training and technology, corrections, substance abuse treatment and numerous other aspects of
criminal justice.

OUTCOMES
This course of Crime and Punishment would: -
a) Attempt to answer such queries of the human mind and afford explanations to criminal
behavior and reactions to crime.
b) It is an ongoing study with numerous research and surveys been conducted all over the
world to find the most suitable explanation of criminality and criminal behavior,
nevertheless, there is no final answer, which will be examined.
c) Concern for the Victims of crime would be another facet of the study of the subject with
emphasis on concepts of restorative justice, compensatory jurisprudence and
rehabilitative techniques.

UNIT- I: The concept of Criminology and Criminal Justice Administration 5 Hours


i. Criminals
ii. Major elements which influence person’s mind to commit a crime.
iii. Basic element required to commit a crime as per law.
iv. Nature and Scope of Criminology.
v. Criminology studies methods and approaches.
vi. Role of Legislature and Lawmaking.

UNIT- I I : Socio-Environmental Approaches to Crime 5 Hours


i. Schools of criminology.
ii. Criminology vs. Criminal Justice.
iii. Current Trends in Criminology Cartographic.
iv. Classical Theories of Criminology.

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v. Crimes against Property and Person (Children, Women, Lesbian, Gay, Bisexual,
Transgender, Queer (LGBTQ), Marginalized, Men).
vi. Structure of Criminal Justice System in India.

UNIT- I I I : Individual approaches to crime: - 5 Hours


i. Neo Classical PerspectivesPost-modernism.
ii. Crime and Feminism.
iii. Biological Trait Theory.
iv. Psychoanalytic Explanation of Crime

UNIT -IV:Factors enhancing criminality 5 Hours


i. Punishment-in ancient, medieval and modern times offences connected with alcoholic
substances
ii. Role of Drug, Alcohol and Crime.
iii. Role of Media Influences in the human mind.
iv. Politics and Crime
v. Youth and Criminality
vi. Race, Culture and Gender

UNIT- V: Punishment: Concept and Theories 5 Hours


I. Death Sentence: A tool to protect heinous crime or need to abolish
II. Frustration - Aggression Theories
III. Treatment of Offenders: Prison, Probation and Parole
IV. Lombroso and Psychoanalytic Explanation of Crime
V. Neighborhood Involvement, Situational Crime Prevention
VI. Drift and Neutralization theory.

BIBLIOGRAPHY/REFERENCES
1. S.M.A. Qadri: Ahmed Siddiques Criminology - Problems and Perspectives (2005)
Eastern.
2. N.V. Pananjpe : Criminology and Penology (2005) Central Law Publications Sutherland
Edwin and Crassey Donald - Principles of Criminology (1900) Taft and England :
Criminology
3. Barnes and Teeters: New Horizons in Criminology (1960)
4. K. D.Gaur: Criminal Law and Criminology (2003) Deepand Deep
5. Glanville Williams: The Textbook on Criminal Law (2nd Edition) Universal.
6. Katherine S Williams: Textbook of Criminology (2001-Indian reprint) Universal.
7. K.S. Pillai: Theories of Criminology
8. M.J. Sethna: Society and the Criminal (1989) M.N. Tripathi
9. J. Robert Lilly etal: Criminological Theory Context and Consequences (2007) Sage.20
10. R.P. Kathuria’s: Law of Crimes and Criminology. Vol. I to IV.

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SEMESTER-II
SYLLABUS
VICTOMOLOGY (LPG-132)
L:T:P::2:1:0 Credits-2
OBJECTIVE: To study the victims of crime and their relationship with an offender. Where
criminology is the study of the crime itself, victimology is best described as the study of the
victim of a crime. Overall, the field of victimology critically examines the crime victim, the
perpetrator of the crime, and the offender. The field itself is a sub-field of criminology and uses
data, both empirical and theoretical references, to draw conclusions about the victims of crimes

OUTCOMES:
i. Demonstrate knowledge of the general history of ‘victim’ movements and victimology;
ii. Evaluate a number of different definitions of ‘victimhood’;
iii. Critically analyse the issues that underlie the main needs of crime victims;
iv. Evaluate recent legislative changes that increase the opportunity for victims of crime to
v. be active players in the criminal justice process;

UNIT- I: The Concept of Victimology 5 Hours


i. Constituent Elements of Crime and Victimology
ii. Nature and Scope of Victimology
iii. Methods of Victimology Studies

UNIT- II: Justice for Victims 5 Hours

i. Ideology and the behavior of perpetrators and victims of violence Noach

UNIT- III: Committees and Reports 5 Hours


i. Malimath Committee and crime victims
ii. Justice J. S. Verma Committee Report
iii. Criminal Law Amendment Act

UNIT- IV: Issues of Sexual Victimization 5 Hours


i. Women victims of sexual violence and the civil legal system
ii. Victims of sexual harassment in modern workplaces in India
iii. Blaming victims and bystanders in the context of rape

UNIT- V: Sexual Assault Victims 4 Hours


i. The relationship between childhood victimization, drug abuse
ii. PTSD and adult delinquency in a prison population
iii. Resurrecting the forgotten voices of the Indian criminal justice system
iv. Criminal victimization and social networks in Indi

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SEMESTER-II
SYLLABUS
CRIMINAL JUSSTICE AND HUMAN RIGHTS (LPG -233)

L:T:P::2:1:0 Credits-2

OBJECTIVE: Criminal justice System of any country is the basis of establishing, Peace and
tranquility, includes not only the judicial system but investigating machinery also. To tame the
over flooding of crimes a strong criminal justice system is required. Administration of justice
through the instrumentality of law is an essential component of governance. Rule of law is the
bedrock of democracy, which is acknowledged as the best system of governance to ensure
respect for human rights. The dignity and worth of the individual being at the core of a
democracy, constitutional governance in a democratic set up is the safest guarantee for the
protection of human rights and assurance of human resource development.

OUTCOMES:
i. current issues and contemporary debates in criminal law and criminal justice;
ii. fundamental principles of substantive and procedural criminal law;
iii. different approaches to understanding and critiquing criminal laws and criminal
justice,including doctrinal, comparative, theoretical and socio-legal methods

UNIT- I: Conceptual perspective 5 Hours


i. Concept of crime and criminal liability
ii. Role of Criminal Justice System in protection of Human Rights

UNIT- II: Objectives and Theories of Punishment 5 Hours


i. Capital Punishment.
ii. Sentencing Process and Policies,
iii. Role of Judiciary and Human Rights.

UNIT- III: Human Rights Problems 5 Hours


i. Police Atrocities and Accountability
ii. Violence against Women and Children
iii. Terrorism and Insurgency

UNIT- IV: Rights to Accused 5 Hours


i. Ex post facto law
ii. Double Jeopardy
iii. Protection against Self Incrimination
iv. Fair Trial
v. Punishment and Human Rights

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UNIT- V: Police-Development, Function, Custodial Violence and Reforms in Police System


4 Hours
i. Violence-Terrorism and Human Rights,
ii. Atrocities against SC and ST and other vulnerable Groups.
iii. Compensation to victims of crime
iv. International Crimes and International Cooperation in combating of Transnational
organized crimes.
v. International Norms on Administrative of Criminal Justice.

BIBLIOGRAPHY/REFERENCES
1. P.S. AtchuthenPillai: Criminal Law (1996) M.N. Tripathi
2. Harri’s: Criminal Law (2000-Indian reprint) Universal.
3. K.N. Chandrasekharan Pillai: General Principles of Criminal Law (2005) Eastern.
4. Kenny’s: Outlines of CriminalLaw (19th edn.) Universal.
5. T.S. Batra: Criminal Law Principles of Liability (1978) Metropolitan
6. Smith and Hogan: Criminal Law Cases and Materials (1975), Butterworths.
7. K.I. Vibhute : P.S.A. Pillai's Criminal Law (2008) Lexis Nexis.
8. L. Radzinowicz: A History of English Criminal Law, Vol. I & II (1969) Stevens.
9. Russell: On Crime, Vol. I & II, Universal
10. Cross and Jones: An Introduction to Criminal Law (1972) Butterworths.
11. R. Prakash: O.P. Srivastav's Principles of Criminal Law (2010) Eastern.

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SEMESTER-II
SYLLABUS
POLICE LAW AND ADMINISTRATION (LPG-234)

L:T:P::2:1:0 Credits-2

OBJECTIVE: to protect the interests of the public as it interacts with the government. Thus, its
main aim is to provide a formula for preventing abuse, non-use, of power by administrative
authorities, and thus provide a mechanism for government, that is transparent and accountable.

OUTCOMES:
i. Knowledge of Structure of Police force in India
ii. Powers , functions and Problem of Police Force in India
iii. Understand different forums of Juctice administration in India

UNIT- I: Introductory 5 Hours


i. Notions of "force", "coercion", "violence"
ii. Distinction: "Symbolic violence", "Institutionalized violence", "Structural violence"
iii. Legal order as a coercive normative order.
iv. Force-monopoly of modern law.
v. "Constitutional" and "criminal" speech: Speech as incitement to violence.
vi. "Collective political violence" and legal order.
vii. Notion of legal and extra-legal "repression"

UNIT- II: Approaches to Violence in India 5 Hours


i. Religiously sanctioned structural violence: Caste and gender based.
ii. Ahimsa in Hindu, Jain, Buddhist, Christian, and Islamic traditions in India
iii. Gandhiji's approach to non-violence
iv. Discourse on political violence and terrorism during colonial struggle
v. Attitudes towards legal order as possessed of legitimate monopoly over violence during
the colonial period.

UNIT- III: Agrarian Violence and Repression 5 Hours


i. The nature and scope of agrarian violence in the 18-19 centuries India.
ii. Colonial legal order as a causative factor of collective political (agrarian) violence
iii. The Telangana struggle and the legal order
iv. The Report of the Indian Human Rights Commission on Arwal Massacre

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UNIT-IV: Violence against the Scheduled Castes 5 Hours


i. Notion of Atrocities
ii. Incidence of Atrocities
iii. Uses of Criminal Law to combat Atrocities or contain aftermath of Atrocities
iv. Violence against Women.

UNIT- V: Communal Violence 4 Hours


i. Incidence and courses of "communal" violence
ii. Findings of various commissions of enquiry
iii. The role of police and para-military systems in dealing with communal violence
iv. Operation of criminal justice system in relation to communal violence.

BIBLIOGRAPHY/REFERENCES
12. P.S. AtchuthenPillai: Criminal Law (1996) M.N. Tripathi
13. Harri’s: Criminal Law (2000-Indian reprint) Universal.
14. K.N. ChandrasekharanPillai: General Principles of Criminal Law (2005) Eastern.
15. Kenny’s: Outlines of CriminalLaw (19th edn.) Universal.
16. T.S. Batra: Criminal Law Principles of Liability (1978) Metropolitan
17. Smith and Hogan: Criminal Law Cases and Materials (1975), Butterworths.
18. K.I. Vibhute : P.S.A. Pillai's Criminal Law (2008) Lexis Nexis.
19. L. Radzinowicz: A History of English Criminal Law, Vol. I & II (1969) Stevens.
20. Russell: On Crime, Vol. I & II, Universal
21. Cross and Jones: An Introduction to Criminal Law (1972) Butterworths.
22. R. Prakash: O.P. Srivastav's Principles of Criminal Law (2010) Eastern.

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SEMESTER-II
SYLLABUS
CORPORATE CRIMES/WHITE COLLAR CRIMES (LPG- 235)

L:T:P::2:1:0 Credits-2

OBJECTIVES: Corporate crimes are also known as organizational or occupational


crimes in White Collar crimes. Corporation or Organization plays a major role in any
economy, which works for the betterment and development of society and hence, it
difficult to understand the nature of crime which could have been committed in such a
nature.

OUTCOMES:
i. This course will examine the prosecution and defense of federal white collar crimes,
including mail and wire fraud, RICO, criminal tax violations, bank fraud, health care fraud,
perjury, obstruction and false statements.

ii. Close examination will also be given to the law enforcement techniques used by federal
prosecutors in white collar cases, including the grand jury, immunity, search warrants and
subpoenas.

iii. The Fifth Amendment self-incrimination privilege and the attorney-client privilege will also
be studied. Emphasis will be given to providing students with the background and tools to reason
through practical problems faced by white collar practitioners.

UNIT- I: Introduction 5 Hours


i. The concept of Social and Economic Offences.
ii. The Distinction between Traditional Offences and the Socio-Economic Offences.

a. Principles of Traditional Criminal Jurisprudence


b. Special features of Socio-Economic Offences,
c. Socio Economic offences and white-collar crimes.

UNIT- II: Socio- Economic Crimes 5 Hours


i. Prevention of Socio-Economic Crimes and Major constraints in the Implementation of
Law Relating to Socio Economic Offences.
ii. Corporate crimes and stock market frauds.

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UNIT- III: White Collar Crime 5 Hours


i. Types of white-collar crime
ii. Causes and growth of white collar in India
iii. Sutherland's theory relating to white collar criminality.

UNIT- IV: Concept of White-CollarCrimes and Difference withOther Traditional


Crimes. 5 Hours
i. Causes of white-collar crime
ii. White collar crimes and public servants with special reference to prevention of corruption
Act.

UNIT- V: Professional ethics 4 Hours


i. Professional ethics of doctors,
ii. Advocates, Engineers,
iii. Teachers and White-collar crimes.

BIBLIOGRAPHY/REFERENCES
23. P.S. AtchuthenPillai: Criminal Law (1996) M.N. Tripathi
24. Harri’s: Criminal Law (2000-Indian reprint) Universal.
25. K.N. ChandrasekharanPillai: General Principles of Criminal Law (2005) Eastern.
26. Kenny’s: Outlines of CriminalLaw (19th edn.) Universal.
27. T.S. Batra: Criminal Law Principles of Liability (1978) Metropolitan
28. Smith and Hogan: Criminal Law Cases and Materials (1975), Butterworths.
29. K.I. Vibhute : P.S.A. Pillai's Criminal Law (2008) Lexis Nexis.
30. L. Radzinowicz: A History of English Criminal Law, Vol. I & II (1969) Stevens.
31. Russell: On Crime, Vol. I & II, Universal
32. Cross and Jones: An Introduction to Criminal Law (1972) Butterworths.
33. R. Prakash: O.P. Srivastav's Principles of Criminal Law (2010) Eastern.

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SEMESTER-II
SYLLABUS
INTERNATIONAL CRIMINAL LAW (LPG- 236)

L:T:P::3:1:0 Credits-2
OBJECTIVE: The aim for international criminal law tend to be grafted onto those which are
postulated for domestic systems of criminal law. These include the telling of the history of a
conflict, distinguishing individual from group responsibility, reconciling societies and capacity
building in domestic judicial systems.
OUTCOMES:
i. current issues and contemporary debates in criminal law and criminal justice;
ii. fundamental principles of substantive and procedural criminal law and criminalization;
iii.

UNIT- I: Introduction 5 Hours


i. Concept of Treaty in International Law Nature, Scope and Importance of treaty
ii. Historical Background of the Law of Treaty, Capacity Conclusion and Entry into Force
Reservation, Problem of Unequal Treaty Interpretation, Jus cogens. Amendment Invalidity
iii. Termination and Suspension, Rebus Sic Stantibus

UNIT- II: Succession 5 Hours


i. International adjudication in a historical perspective.
ii. International Court of Justice-a principal organ and principal judicial organ of the United

UNIT-III: Nations 5 Hours


i. Organization and Structure of the ICJ.
ii. The jurisdiction of the Court-general
iii. Contentions jurisdiction, voluntary of jurisdiction, compulsory jurisdiction, reservationand
reciprocity, Transferred jurisdiction forum prorogatum.

UNIT-IV: International Criminal Law 5 Hours


i. Sources of Law
ii. Property and Legal Interest.
iii. Provisional measures, non-appearance
iv. Third party intervention

UNIT- V: International Court of Justice (ICJ) 4 Hours


i. The advisory jurisdiction of the ICJ.
ii. Power function of ICJ

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iii. Enforcement of the judgments and advisory opinions.


iv. Role of the Court.

BIBLIOGRAPHY/REFERENCES
34. P.S. AtchuthenPillai: Criminal Law (1996) M.N. Tripathi
35. Harri’s: Criminal Law (2000-Indian reprint) Universal.
36. K.N. ChandrasekharanPillai: General Principles of Criminal Law (2005) Eastern.
37. Kenny’s: Outlines of CriminalLaw (19th edn.) Universal.
38. T.S. Batra: Criminal Law Principles of Liability (1978) Metropolitan
39. Smith and Hogan: Criminal Law Cases and Materials (1975), Butterworths.
40. K.I. Vibhute : P.S.A. Pillai's Criminal Law (2008) Lexis Nexis.
41. L. Radzinowicz: A History of English Criminal Law, Vol. I & II (1969) Stevens.
42. Russell: On Crime, Vol. I & II, Universal
43. Cross and Jones: An Introduction to Criminal Law (1972) Butterworths.
44. R. Prakash: O.P. Srivastav's Principles of Criminal Law (2010) Eastern.

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ONE YEAR LL.M SYLLABUS


FAMILY LAW

FIRST SEMESTER

COMPULSORY PAPERS

i. Research Methods and Legal Writing


ii. Comparative Public Law
iii. Law and Justice in a Globalizing world

OPTIONAL PAPERS
i. Marriage, Matrimonial Rights and Remedies
ii. Penal Laws on Family Affairs

SECOND SEMESTER
i. Family Property and Succession
ii. Family Disputes and Dispute Resolution
iii. Rights of Women, their Protection and Gender Equality
iv. Uniform Civil Code
v. Dissertation

The examination, evaluation and other norms of improvement of grades will be governed as
per the norms of the credit system of the University Departments.

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SEMESTER-I
SYLLABUS
RESEARCH METHODS AND LEGAL WRITING (LPG-101)

L:T:P:: 3:1:0 Credits-3

OBJECTIVE-The main objective of this course is to acquaint the student of law with the
scientific method of social science research. This course is expected to provide knowledge of
the technique of selection, collection and interpretation of primary and secondary data in
socio-legal research. Emphasis would be laid on practical training in conducting research in
this course. They should be able to design and execute small-scale research problems. The
practical skill in conducting research will be evaluated on their performance in field research
and workshops/seminars.

Learning Outcomes:
i. Recognise primary and secondary sources of legal research material.
ii. Use and apply secondary sources, case law and legislation using both paper based and
online resources to a research problem.
iii. Develop correct research strategies to critically evaluate the relevance, quality,
authority and currency of the research materials.

UNIT- I: Introduction 8 Hours


i. The science of research and scientific methodology.
ii. Interrelation between speculation, fact and theory building-some fallacies of scientific
methodology with reference to socio-legal research.
iii. Inter-disciplinary research and legal research models.
iv. Armchair hair research vis-a-Vis empirical research.
v. Legal research-common law and civil law legal systems

UNIT- II: Research Design 7 Hours


i. Workable Hypothesis-formulation and evaluation.
ii. Major steps in research design

UNIT-III: Research Techniques 7 Hours


i. Sampling
ii. Survey and Case Study method
iii. Scaling and Content Analysis

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UNIT- IV:Research Tools and Data Processing 7 Hours


i. Observation
ii. Interview and schedule
iii. Questionnaire
iv. Socio-metrics and jurimetrics
v. Data processing (deductions and Inductions) analysis and interpretation of data

UNIT- V: Legal writing 7 Hours


i. Report/article writing in legal research
ii. Use of definitions, maxims, concepts, principles, doctrines in legal research
iii. Citation methodology
iv. Book review and case comments

BIBLIOGRAPHY/REFERENCES
1. Robert Watt- Concise book on Legal Research
2. Ram Ahuja-Research Method
3. Good and Hatt- Research Methodology
4. Pauline Young- Research Methodology
5. Earl Babbie- Research Methodology
6. AnwarulYaqin-Legal Research Methodology
7. Wilkinson Bhandarkar-Research Methodology
8. SelltisJohoda-Research Methodology
9. Stott D.-Legal Research
10.Robert Watt and Francis Johns- Concise Legal Research

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SEMESTER-I
SYLLABUS
COMPARATIVE PUBLIC LAW (LPG-102)

L:T:P:: 3:1:0 Credits-3

OBJECTIVE- This paper focuses on analytical and theoretical scrutiny of Public


Administrative Law, Constitutional Law and Criminal Law and its component in a
comparative manner to enable the students and develop amongst them a proper understanding
of the subject.

Learning Outcomes:
i. Understand the similarities and differences between leading (Western) constitutional
traditions in key areas (sovereignty, separation of powers etc.).
ii. Have an improved understanding of their own legal system.
iii. Understand how the States studied have developed and applied constitutional
principles, especially in the light of processes of globalization and democratization.

UNIT-I: Introduction 8 Hours


i. Meaning and definition of Public Law
ii. Concept of Public Law
iii. Globalization of Comparative Public Law

UNIT- II: Tools of Comparative Public Law 7 Hours


i. Constitutional Law - Common Law, Civil Law
ii. Legislative Mechanism - Common Law, Civil Law
iii. Typology of Federalism - USA, India

UNIT- III: Public Interest Litigation - US, India 7 Hours


i. Locus standi
ii. Judicial Activism
iii. Judicial Accountability

UNIT- IV: Comparative Criminal Law - Common law, Civil law 7 Hours
i. Domestic Violations - International, National
ii. Provisions relating to Rape
iii. Plea Bargaining - US A, India
iv. White Collar Crimes
v. Juvenile Justice

UNIT- V: Ombudsman 7 Hours


i. Ombudsman in Scandinavian countries
ii. International Scenario - Common law and Civil law

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iii. Indian Scenario


iv. Lokpal (Ombudsman)
v. Lokayukta

BIBLIOGRAPHY/REFERENCES
1. H. W. Wade - Administrative Law,
2. DeSmith - Judicial Review of Administrative Action.
3. Garner - Administrative Law.
4. D. D. Basu - Comparative Administrative Law.
5. Wade and Philips - Constitutional Law
6. Dicey - Introduction to Law of the Constitution.
7. Hood Philips - Constitutional Law and Adminstrative Law.
8. M. P. Jain, S. N. Jain - Principles of Administrative Law.
9. M. P. Jain - The Evolving Indian Administrative Law.
10. B, Schwartz - An Introduction to American Administrative Law.
11. K. S. Shukla and S. S. Singh - Lokayukta- A socio legal study.
12. Ivor Jennings - Law and the Constitution.
13. Neville L. Brown and J. F. Garner - French Administrative Law.
14. Peter H. Schuck - Foundations of Administrative Law.
15. P. P. Craig - Administrative Law.

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SEMESTER-I
SYLLABUS
LAW AND JUSTICE IN A GLOBALIZING WORLD (LPG-103)

L:T:P:: 3:1:0 Credits-3

OBJECTIVES- The main objective of the course is to enable students to understand and
seek solutions to pressing problems in the domain of global justice. By the end of the term,
students are expected to have become familiar with the multiple dimensions of the theoretical
literature and be able to critically evaluate the liberal, republican, and discursive democratic
attempts to make sense of, and to ameliorate, prevailing instances of injustice in the world.
This will be imparted through theoretical and philosophical debates advanced by various
scholars and the institutional mechanism that need to be accelerated to achieve the objectives
of global justice.

Learning Outcomes:
i. Multiple strata at which law, justice and society interest.
ii. The process of globalization; and
iii. The implications of globalization on law and legal theory.

UNIT- I: Introduction 8 Hours


i. Meaning and significance of Globalization
ii. Concept of Global Justice
iii. Global Justice and Right to Development

UNIT- II: Theoretical Prepositions of Global Justice 7 Hours


i. Realism
ii. Particularism
iii. Nationalism
iv. Cosmopolitanism

UNIT- III:Historical and Central Challenges to Global Justice 7 Hours


i. Global Poverty- Role of International Mechanism
ii. Armed Conflict
iii. Nationalist practices
iv. Crimes against Humanity
v. Environment and Health
vi. Oppressive Policies- Threat of Terrorism, Global Politics

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UNIT- IV: Role and Reformation of Global Institutions 7 Hours


i. States, sovereignty and Transnational Law
ii. Economic and Trade Institutions-MNC's
iii. Structural reforms of United Nations-Security Council
iv. International Judicial Institutions

UNIT- V: Models to Achieve Global Justice 7 Hours


i. Social Contract and Social Justice
ii. Sarvodaya Model of Justice
iii. Multi Culturalism and Cosmopolitanism
iv. Significance of Human Rights Education
v. Global Justice and Global Rule of Law

BIBLIOGRAPHY/REFERENCES
1. Springer: Encyclopaedia of Global Justice 2012
2. Brian Barry, Culture and Equality. Cambridge: Polity, 2001!
3. Duncan Bell (ed.) Ethics and World Politics. Oxford 2010.
4. Allen Buchanan. Justice, Legitimacy, and Self-determination: Moral Foundations for
International Law. Oxford 2004.
5. Simon Caney, Justice Beyond Borders. Oxford: 2005
6. Martha Nussbaum, Frontiers of Justice. Cambridge, Mass: Harvard University
Press.
7. Thomas Pogge, World Poverty and Human Rights. Cambridge: Polity, 2002.
8. John Rawls, the Law of Peoples. Cambridge, Mass.: Harvard University Press, 1999
9. Amartya Sen, Development as Freedom. Oxford: 1999
10. Amartya Sen: Global Justice

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SEMESTER I
SYLLABUS
MARRIAGE, MATRIMONIAL RIGHTS& REMEDIES (LPG-141)

L:T:P:: 2:1:0 Credits-2

OBJECTIVE: The objective of teaching this course is to make the learners understand the
rights arising out of marriage and marriage under Hindu Law and Muslim Law in India and
the matrimonial rights and remedies associated with marriage.

Learning Outcomes:

i. Students studying family law learn about concepts like Succession, Inheritance
ii. Family law examines and compares personal laws
iii. Students will gain skills of thinking, analysis, written and verbal presentation of ideas
ofargument

UNIT -1 HINDU LAW (Marriage) 5 Hours

i. Nature Origin of the institution of Marriage under Hindu law


ii. Conditions of a valid Hindu marriage
iii. Registration of Marriage
iv. Ceremonies and Proof of Marriage
v. Void & Voidable Marriages

Matrimonial Relief &Remedies-

i. Maintenance& Alimony
ii. Nullity of marriage
iii. Restitution of conjugal rights
iv. Judicial separation
v. Divorce

UNIT-2 MUSLIM LAW (Law of Marriage-) 5 Hours

i. Nature of Muslim Marriage


ii. Essential Conditions
iii. Concept of Dower

Relief & remedies

i. Maintenance
ii. Divorce under Muslim law

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iii. Dissolution of Muslim marriage Act, 1939

UNIT-3 CHRISTIAN &PARSI LAWS 5 Hours

i. Essentials of Marriage
ii. Judicial Separation
iii. Divorce
iv. Nullity of Marriage
v. Alimony

UNIT-4SPECIAL MARRIAGE ACT, 1954 5 Hours

a. Conditions & Procedure Of a valid Marriage


b. Nullity of Marriage and Divorce
c. Matrimonial Remedies

UNIT -5 UNIFORM CIVIL CODE 4 Hours

a. Uniform Civil Code and Issues


b. Need of Uniform Civil CODE
c. Uniform Civil Code and Constitution
d. Uniform Civil Code, Judicial Approach

SUGGESTED READINGS-

Books-

1. Narendra Kumar, Key to Marriage, Divorce and Maintenance, Universal, LexisNexis,


3rd Edition
2. Paras Diwan, Modern Hindu Law.
3. Dr. B.K Sharma, Hindu law
4. Mulla D.N Hindu Law
5. Aqil Ahmad, Mohammedan Law
6. Mulla on Principles of Mohammedan Law

Acts-

1. Hindu Marriage Act, 1955


2. The Muslim Women (Protection of Rights on Divorce) Act, 1986 as amended by
Jammu and Kashmir Reorganisation Act, 2019
3. The Muslim Woman (Protection of Rights on Marriage) Act, 2019
4. Special Marriage Act, 1954
5. The Indian Christian Marriage Act, 1872
6. Parsi Matrimonial and Divorce Act, 1936

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SEMESTER I
SYLLABUS
PENAL LAWS ON FAMILY AFFAIRS (LPG- 142)

L:T:P:: 2:1:0
Credits-2

OBJECTIVE: The objective of this course is to make the learners understand what the
Indian Penal Code says regarding family law, so that the students can know that the dowry
system is fixed under which act and what are the provisions against it?

Learning Outcomes:

i. Students studying family law learn about concepts like Succession, Inheritance
ii. Family law examines and compares personal laws
iii. Students will gain skills of thinking, analysis, written and verbal presentation of ideas
ofargument

UNIT- 1Indian Penal Code (Relevant Provisions) 5 Hours

i. Dowry Death (Sec 304 B)


ii. Offences relating to Marriage (sec 493 to 498)
iii. Cruelty by Husband or Relatives of Husband (sec 498 A)

Unit - II The Dowry Prohibition Act, 1961 5 Hours

i. Penalty for giving or taking dowry


ii. Penalty for demanding dowry
iii. THE Dowry Prohibition (Maintenance of List of Precedents to the Bride and
Bridegrooms) Rule, 1985

Unit-III: Women and Child 5 Hours

i. Prohibition Of Child Marriage Act, 2006


ii. Protection Of Women from Domestic Violence Act, 2005

UNIT-IV Criminal Procedure Code,1973 5 Hours

i. Maintenance of Wife Children and Parents (Sec 125 to 128)

UNIT- 5 Rights and Remedies 4 Hours

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SUGGESTED READINGS-

1. The Indian Penal code, Ratan Lal &Dhiraj Lal, 35TH Edition (LexisNexis)
2. Law Of Crimes, Dr. S. N. Mishra
3. Law Of Crimes, Dr. Bhattacharya

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SEMESTER-II
SYLLABUS
FAMILY PROPERTY AND SUCCESSION (LPG-243)

L:T:P:: 2:1:0 Credits-2

OBJECTIVE-To helps the learner to master the branch of property law for the purpose of
practice in this field. Students will be able to demonstrate a knowledge of the major areas
of the property, and inheritance succession laws under personal laws in India. Enables them
to evaluate the constraints imposed by those laws and test with general laws of the land.

LEARNING OUTCOME-This paper develops Critical analysis, Problem solving ability in


relation to property issues under various personal laws. The deep understanding of family
property and succession laws enables them to solve complicated property law matters.

UNIT-I 5 Hours

i. Mitakshara Joint Family Formation and Incidents - Property under both Schools -
Karta: His Position, Powers, Privileges and Obligations -Debts –Doctrine of Pious
Obligation - Partition and Reunion –Religious and Charitable Endowment
ii. Inheritance and Succession - Historical perspective of traditional Hindu Law
relating to Inheritance - A detailed study of the Hindu Succession Act,
1956.
iii. STRIDHAN- Woman’s Property -Recent State and Central Amendments to Hindu
Succession Act; Gifts and Testamentary Succession - Wills.

UNIT-II 5 Hours
i. Will and Inheritance: Will- Meaning, the difference between will and gift, Will
made in death bed or during illness; Muslim law of Inheritance- Shia and Sunni
schools.
ii. Pre-Emption
iii. Waqf
iv. Dower
UNIT-III
i. Distribution of property under Indian Succession Act of 1925 5 Hours
(Of Christians, Parsis and Jews)

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ii. Domicile Parsis Intestate succession and Non-Parsis Intestate succession, Succession
certificate, Probate and letters of administration, powers and duties of an executor.

UNIT- IV 5 Hours
i. Wills - Privileged and unprivileged wills, Construction of Wills in brief- Void
bequests, void wills, kinds of legacies, Protection of property of the deceased;
Family Courts Act, 1984,Constitution, powers, and its functions.
UNIT –V 4 Hours
Need for Uniform Civil Code and Article 44 of the Indian Constitution.
i. Acts: The Hindu Succession Act, 1956 as amended by The Hindu Succession
(Amendment) Act, 2005
ii. The Caste Disabilities Removal Act, 1850, The Indian Succession Act, 1925
iii. The Hindu Inheritance (Removal of Disabilities) Act, 1928, The Hindu Law of
Inheritance (Amendment) Act, 1929
iv. The Hindu Women’s Right to Property Act, 1937
v. The Special Marriage Act, 1954
vi. The Muslim Personal Law (Shariat) Application Act, 1937.

Recommended Books:

1. RanganathMisra, Mayne’s Treatise on Hindu Law & Usage (17th ed., 2014)

2. Satyajeet A. Desai, Mulla Principles of Hindu Law, Vol. I & II (23rd ed., 2018)

3. Tahir Mahmood, Principles of Hindu Law (2014).

4. Poonam Pradhan Saxena, Family Law Lectures, Family Law– II, (5th ed., 2022)

5. Paras Diwan, Modern Hindu Law (25th ed., 2021)

6. Duncan M. Derrett, A Critique of Modern Hindu Law (1970) 7. Mulla, Principles of


Mohomedan Law (22nd ed., 2017)

7. Asaf A.A. Fyzee, Outlines of Muhammadan Law (5thed.2008)

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SEMESTER-II
Syllabus
FAMILY DISPUTES AND DISPUTE RESOLUTION (LPG 244)

L:T:P:: 2:1:0 Credits-2

OBJECTIVES-This course is designed to equip students with the knowledge of dispute


resolution mechanisms in Family matters. The primary goal of ADR is the resolution of
disputes without the need for Litigation. Most alternative dispute resolution aims to settle
disagreements peacefully.

OUTCOME-

i. Enables a student to use a direct approach to settle the dispute- one-to-one


Conversations and rigorous discussions to give a better understanding of each
party’s view.
ii. Encourage students to solve marriage disputes in non- adversarial and amicable
ways that lead to saving time and money.

UNIT-I INTRODUCTION 5 Hours


i. Kinds of Disputes arising in a Family
ii. Historical Perspective-

UNIT-II MECHANISM TO RESOLVE FAMILY DISPUTES 5 Hours


i. Judicial Process
ii. The Family Court Act, 1984
iii. Alternative Dispute Resolution as solution for Family Disputes
iv. Shortcomings of the Present Legal System

UNIT-III FAMILY DISPUTES AND ALTERNATIVE DISPUTES RESOLUTION


5 Hours
i. Types of ADR to resolve Family Disputes
ii. Mediation
iii. Arbitration
iv. Conciliation
v. Lok Adalat
vi. Role Of ADR in Speedy Disposal of Family Disputes

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UNIT- IV FOUNDATION OF ALTERNATIVE DISPUTE RESOLUTION IN


FAMILY DISPUTES 5 Hours
i. The Family Court Act, 1984
ii. Provisions related to ADR in Code of Civil Procedure, Hindu Marriage Act,
iii. Legal Services Authority Act, 1987
iv. Role of Judiciary in evolution of ADR in family Disputes

UNIT –V 4 Hours
i. ADR Pros & Cons in Family Law
ii. Suitability of ADR to particular Types of Disputes

SUGGESTED READINGS-

1. Alternative Dispute Resolution, Dr S.R Myneni, 4th Edition, Asia Law House
2. Alternative Dispute Resolution, Dr S.C Tripathi, Central Law Publications
3. Alternative Dispute Resolution: Fundamentals of Family Mediation, Old Bailey
Press9 1 June 1993)
4. Mediation in Family Disputes, Principles of Practice, 4th Edition, Marian Roberts

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SEMESTER-II
SYLLABUS
RIGHTS OF WOMEN, THEIR PROTECTION AND GENDER EQUALITY (LPG245)

L:T:P:: 2:1:0 Credits-2

OBJECTIVES-To makes students aware of all the historical background, the status of
women in India and the Laws to improve their condition. This course aims to inculcate the
knowledge of personal laws, criminal laws, international Perspectives and welfare
legislations for the protection of women and their empowerment.
OUTCOMES
i. Students will be able to know the development and the judicial setup of laws about
the Protection and empowerment of women.
ii. They will learn the features of laws and integrate the knowledge rights of woman’s
Law in legal practice, social work, and personal and day-to-day life.This leads to
building responsibility towards society and women.

UNIT-I INTRODUCTION 5 Hours

i. Status of Woman in India


ii. Status of Women’s Position in UK and US
iii. Constitution of India and Women

UNIT -II PERSONAL LAWS AND WOMEN 5 Hours

i. Guardianship, Matrimonial and property rights of women (Hindu law & Muslim Law)
ii. Inequality in Personal Laws
iii. Uniform Civil Code towards Gender Justice

UNIT -III CRIMINAL LAWS AND WOMEN 5 Hours

i. Rape
ii. Outraging modesty
iii. Domestic violence
iv. Adultery

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UNIT- IV WOMEN WELFARE LAWS IN INDIA 5 Hours

i. The dowry Prohibition Act, 1961


ii. Pre-conception and pre-natal diagnostic techniques (Prohibition of sex selection) Act,
1994
iii. Indecent Representation of Woman (Prohibition), Act 1986
iv. Moral Traffic Prevention Act, 1987
v. Family Courts Act, 1984

UNIT- V LABOUR WELFARE LEGISLATION 4 Hours

i. Maternity Benefit Act


ii. Factories Act
iii. Equal Remuneration Act
iv. Implementation of Laws for welfare of women

SUGGESTED READINGS-

1. SarlaGopalan, Towards Equality – The Unfinished Agenda – Status of Women In India


2001. National Commission for Women.

2. Amita Dhanda, ArchanaParashar (ed) Engendering Law Essays In Honour Of


LotikaSarkar (1999). Eastern Book Depot.

3. Ratna Kapur and BrendiaCossman, Subversive Sites: Feminist Engagements With Law In
India (1996).

4. Towards Equality Report of the Committee of Status in India Government of India (1974).

5. KalapanaKannabhiran (ed), Women And Law Critical Feminist Perspectives (Sage


Publications India 2014)

6. Usha Tandon (ed), Gender Justice: A Reality or Fragile Myth (2015)

7. Rajesh Talwar, The Third Sex and Human Rights (2016)

8. National Family Health Survey-4 (2017)

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SEMESTER-II
SYLLABUS
UNIFORM CIVIL CODE (LPG-246)

L:T:P:: 2:1:0 Credits-2

OBJECTIVES:

1.To make the learner aware of the need & efficacy of the Uniform Civil Code in the Indian
scenario & the issues involved.

2. To acquaint the learner with the recent developments in the field.

OUTCOMES
i. Students will be able to know the development and the judicial setup of laws about
the Protection and empowerment of women.
ii. They will learn the features of laws and integrate the knowledge rights of woman’s
Law in legal practice, social work, and personal and day-to-day life. This leads to
building responsibility towards society and women.
UNIT- 1: MEANING & CONCEPT OF UNIFORM CIVIL CODE 5 Hours

i. General Introduction
ii. Importance of Uniform Civil Code
iii. Desirability of UCC in the Indian scenario
iv. Origin of Uniform Civil Code
v. Brief Study of UCC in Goa

UNIT- 2: HISTORICAL BACKGROUND OF UNIFORM CIVIL CODE 5 Hours

i. Pre-Independence era deliberation on Common Code


ii. Post-Independence era debates on UCC
iii. Constituent assembly debates on UCC

UNIT- 3: INTERNATIONAL PERSPECTIVE ON UNIFORM CIVIL CODE

5 Hours

i. Roman Law
ii. France
iii. USA
iv. Islamic Countries

UNIT- 4: CONSTITUTIONAL PROVISIONS ON UCC IN INDIA 5 Hours

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i. Directive Principles of State Policy


ii. Uniform Civil Code vs Personal Laws in India
iii. Challenges in Implementation of Uniform Civil Code in India
iv. Law Commission of India report on UCC

UNIT- 5: JUDICIAL PERSPECTIVE REGARDING UNIFORM CIVIL CODE

4 Hours

i. Mohd. Ahmed Khan vs Shah Bano Begum Case


ii. Sarla Mudgal vs UOI
iii. Jordan Diengdehvs SS Chopra
iv. Lili Thomas Case
v. John Voltam Case
vi. Standard form of UCC

SUGGESTED READINGS:

1. Uniform Civil Code for India: Proposed Blueprint for Scholarly Discourse, by Shimon
Shetreet, Hiram 0E. Chodosh, Oxford University Press

2. Uniform civil code: a mirage, by M.P.Raju

3. Uniform Civil Code: An ignored Constitutional Imperative, M.S.Ratnaparkhi, Atlantic


Publication

4. Uniform Civil Code-A Never ending Dilemma in India,1st Edition 2021, by Dr.Sarfaraz
Ahmed Khan, Thomson Reuters

5.Uniform Civil Code, by Dr.PankajDwivedi, 2nd Edition(2020)

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ONE YEAR LL.M SYLLABUS


HUMAN RIGHTS LAW

FIRST SEMESTER

COMPULSORY PAPERS

i. Research Methods and Legal Writing


ii. Comparative Public Law
iii. Law and Justice in a Globalizing world

OPTIONAL PAPERS

i. Comparative Concept and Development of Human Rights


ii. Human Rights & International Order

SECOND SEMESTER

i. Criminal Justice and Human Rights


ii. Protection & Enforcement of Human Rights in India
iii. International Humanitarian Law & Refugee Law
iv. Comparative Human Rights of Disadvantageous Groups

v. Dissertation

The examination, evaluation and other norms of improvement of grades will be governed as
per the norms of the credit system of the University Departments.

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SEMESTER-I
SYLLABUS
RESEARCH METHODS AND LEGAL WRITING (LPG-101)

L:T:P::3:1:0 Credits-3

OBJECTIVES-The main objective of this course is to acquaint the student of law with the
scientific method of social science research. This course is expected to provide knowledge of
the technique of selection, collection and interpretation of primary and secondary data in
socio-legal research. Emphasis would be laid on practical training in conducting research in
this course. They should be able to design and execute small-scale research problems. The
practical skill in conducting research will be evaluated on their performance in field research
and workshops/seminars.

Learning Outcomes:
i. Recognise primary and secondary sources of legal research material.
ii. Use and apply secondary sources, case law and legislation using both paper based and
online resources to a research problem.
iii. Develop correct research strategies to critically evaluate the relevance, quality,
authority and currency of the research materials.

UNIT- I: Introduction 8 Hours


i. The science of research and scientific methodology.
ii. Interrelation between speculation, fact and theory building-some fallacies of scientific
methodology with reference to socio-legal research.
iii. Inter-disciplinary research and legal research models.
iv. Armchair hair research vis-à-vis empirical research.
v. Legal research-common law and civil law legal systems

UNIT- II: Research Design 7 Hours


i. Workable Hypothesis-formulation and evaluation.
ii. Major steps in research design

UNIT-III: Research Techniques 7 Hours


i. Sampling
ii. Survey and Case Study method
iii. Scaling and Content Analysis

UNIT- IV:Research Tools and Data Processing 7 Hours


i. Observation
ii. Interview and schedule
iii. Questionnaire

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iv. Socio-metrics and jurimetrics


v. Data processing (deductions and Inductions) analysis and interpretation of data

UNIT- V: Legal writing 7 Hours


i. Report/article writing in legal research
ii. Use of definitions, maxims, concepts, principles, doctrines in legal research
iii. Citation methodology
iv. Book review and case comments

BIBLIOGRAPHY/REFERENCES
1. Robert Watt- Concise book on Legal Research
2. Ram Ahuja-Research Method
3. Good and Hatt- Research Methodology
4. Pauline Young- Research Methodology
5. Earl Babbie- Research Methodology
6. AnwarulYaqin-Legal Research Methodology
7. Wilkinson Bhandarkar-Research Methodology

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SEMESTER-I
SYLLABUS
COMPARATIVE PUBLIC LAW(LPG-102)

L:T:P::3:1:0 Credits-3

OBJECTIVES- This paper focuses on analytical and theoretical scrutiny of Public


Administrative Law, Constitutional Law and Criminal Law and its component in a
comparative manner to enable the students and develop amongst them a proper understanding
of the subject.

Learning Outcomes:
i. Understand the similarities and differences between leading (Western) constitutional
traditions in key areas (sovereignty, separation of powers etc.).
ii. Have an improved understanding of their own legal system.
iii. Understand how the States studied have developed and applied constitutional
principles, especially in the light of processes of globalization and democratization.

UNIT-I: INTRODUCTION 8 Hours


i. Meaning and definition of Public Law
ii. Concept of Public Law
iii. Globalisation of Comparative Public Law

UNIT- II: TOOLS OF COMPARATIVE PUBLIC LAW 7 Hours


i. Constitutional Law - Common Law, Civil Law
ii. Legislative Mechanism - Common Law, Civil Law
iii. Typology of Federalism - USA, India

UNIT- III: PUBLIC INTEREST LITIGATION - US, INDIA 7 Hours


i. Locus standi
ii. Judicial Activism
iii. Judicial Accountability

UNIT- IV: COMPARATIVE CRIMINAL LAW - COMMON LAW, CIVIL LAW

7 Hours
i. Domestic Violations - International, National
ii. Provisions relating to Rape
iii. Plea Bargaining - US A, India
iv. White Collar Crimes
v. Juvenile Justice

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UNIT- V: OMBUDSMAN 7 Hours


i. Ombudsman in Scandinavian countries
ii. International Scenario - Common law and Civil law
iii. Indian Scenario
iv. Lokpal (Ombudsman)
v. Lokayukta

BIBLIOGRAPHY/REFERENCES
1. H. W. Wade - Administrative Law,
2. DeSmith - Judicial Review of Administrative Action.
3. Garner - Administrative Law.
4. D. D. Basu - Comparative Administrative Law.
5. Wade and Philips - Constitutional Law
6. Dicey - Introduction to Law of the Constitution.
7. Hood Philips - Constitutional Law and Adminstrative Law.
8. M. P. Jain, S. N. Jain - Principles of Administrative Law.
9. M. P. Jain - The Evolving Indian Administrative Law.
10. B, Schwartz - An Introduction to American Administrative Law.
11. K. S. Shukla and S. S. Singh - Lokayukta- A socio legal study.
12. Ivor Jennings - Law and the Constitution.
13. Neville L. Brown and J. F. Garner - French Administrative Law.
14. Peter H. Schuck - Foundations of Administrative Law.
15. P. P. Craig - Administrative Law.
16. Alex Carol - Constitution and Administrative Law.

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SEMESTER-I
SYLLABUS
LAW AND JUSTICE IN A GLOBALIZING WORLD (LPG-103)

L:T:P::3:1:0 Credits-3

OBJECTIVES-The main objective of the course is to enable students to understand and seek
solutions to pressing problems in the domain of global justice. By the end of the term,
students are expected to have become familiar with the multiple dimensions of the theoretical
literature and be able to critically evaluate the liberal, republican, and discursive democratic
attempts to make sense of, and to ameliorate, prevailing instances of injustice in the world.
This will be imparted through theoretical and philosophical debates advanced by various
scholars and the institutional mechanism that need to be accelerated to achieve the objectives
ofglobal justice.

Learning Outcomes:
i. Multiple strata at which law, justice and society interest.

ii. The process of globalization; and

iii. The implications of globalization on law and legal theory

UNIT- I: INTRODUCTION 8 Hours


i. Meaning and significance of Globalization
ii. Concept of Global Justice
iii. Global Justice and Right to Development

UNIT- II: THEORETICAL PREPOSITIONS OF GLOBAL JUSTICE 7 Hours


i. Realism
ii. Particularism
iii. Nationalism
iv. Cosmopolitanism

UNIT- III: HISTORICAL AND CENTRAL CHALLENGES TO GLOBAL


JUSTICE 7 Hours
i. Global Poverty- Role of International Mechanism
ii. Armed Conflict
iii. Nationalist practices
iv. Crimes against Humanity
v. Environment and Health
vi. Oppressive Policies- Threat of Terrorism, Global Politics

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UNIT- IV: ROLE AND REFORMATION OF GLOBAL INSTITUTIONS


7 Hours
i. States, sovereignty and Transnational Law
ii. Economic and Trade Institutions-MNC's
iii. Structural reforms of United Nations-Security Council
iv. International Judicial Institutions

UNIT- V: MODELS TO ACHIEVE GLOBAL JUSTICE 7 Hours


i. Social Contract and Social Justice
ii. Sarvodaya Model of Justice
iii. Multi Culturalism and Cosmopolitanism
iv. Significance of Human Rights Education
v. Global Justice and Global Rule of Law

BIBLIOGRAPHY/REFERENCES

1. Springer: Encyclopedia of Global Justice 2012


2. Brian Barry, Culture and Equality. Cambridge: Polity, 2001!
3. Duncan Bell (ed.) Ethics and World Politics. Oxford 2010.
4. Allen Buchanan. Justice, Legitimacy, and Self-determination: Moral Foundations for
International Law. Oxford 2004.
5. Simon Caney, Justice Beyond Borders.Oxford:, 2005
6. Martha Nussbaum, Frontiers of Justice. Cambridge, Mass:Harvard University
Press.
7. Thomas Pogge, World Poverty and Human Rights.Cambridge: Polity, 2002.
8. John Rawls, the Law of Peoples. Cambridge, Mass.: Harvard University Press, 1999
9. Amartya Sen, Development as Freedom. Oxford: 1999
10. Amartya Sen: Global Justice

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SEMESTER-I

SYLLABUS
COMPARATIVE CONCEPT AND DEVELOPMENT OF HUMAN RIGHTS
(LPG151)

L:T:P::2:1:0 Credit-2

OBJECTIVE- This is an essential introductory course to understand the beginnings of norm-


setting efforts at the international and regional levels. Together with the paper on Historical
and Philosophical Foundations, it provides an insight into the normative, institutional and
legal foundations of human rights in the post-Second World War era. It also considers the
various mechanisms and processes of implementation prevalent at the universal and regional
levels for the realization of human rights.

Learning Outcomes:

i. Demonstrate knowledge and understanding of the international human rights


framework, itsorigins and justifying theories;
ii. Demonstrate capacity to assess how specific human rights may be asserted, enforced
or violated;
iii. Critically evaluate the relationship between international and domestic law on human
rights;
iv. Demonstrate understanding of the role of lawyers in human rights protection and
capacity tocontribute to ongoing processes of law reform;

UNIT--I: 5 Hours

Introduction History of Human Rights-17th-18th century-19th century-20th century- pre-


world wars- Post world wars Philosophy of Human rights

UNIT--II: 5 Hours

Principle and Theories of Human Rights Classification of human rights- Three generations-
Nature of Human rights- Legal Theories related to Human Rights- Legal documents related
to Human Rights before the Second World War

UNIT- III: 5 Hours

Human Rights System: The Standard Setting i. The UN Charter and the UDHR: Evolution,
Philosophy and Impact ii. The ICCPR and ICESCR: Provisions and Analysis iii. Other Core
Conventions and Declarations: Features and Significance

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UNIT- IV: 5 Hours

International Mechanisms of Implementation Protection i The Human Rights Council:


Evolution, Structure and Functions ii. Thematic Procedures and Universal Periodic Review
iii. Treaty Monitoring Bodies: Structure, Periodic Reporting and Communications

UNIT-V: 4 Hours

Regional Human Rights Systems i.The European System ii.The Inter-American System iii.
The African System

SUGGESTED READINGS

1. Ian Brownlie, et al. (eds.), Basic Documents on Human Rights (2006), Oxford.
2. P.R.Gandhi (ed.), Blackstone’s International Human Rights Documents, (2001), Universal,
Delhi.
3. David Robertson, A Dictionary of Human Rights, (2004), Europa Publications, London.
4. Philip Alston (ed.), The United Nations and Human Rights (1996), Clarendon Press,
Oxford.
5. Henry J. Steiner, et al., (eds.), International Human Rights in Context, (1996), Chapter 10,
Clarendon Press, Oxford.
6. Brundland Report, Our Common Future (1986), Oxford.

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SEMESTER-II
SYLLABUS
CRIMINAL JUSTICE AND HUMAN RIGHTS(LPG 253)

L:T:P::2:1:0 Credit-2

OBJECTIVE- The criminal Justice System consisting of Police, Legislature, Judiciary, and
Correctional Institutions plays a major role in effectuating human rights and thereby,
protecting and safeguarding the human rights of the citizens of a country. Sometimes, these
pillars of the Criminal Justice system go against the tenets of human rights like there
as violence in police custody and prison, illegal confinement of innocent, internet shutdown,
political unrest, etc. Despite the persistent intervention of the judiciary to control these
excesses, such incidents of human rights violations have been increasing day by day. This
subject helps us to understand the interrelationship between the criminal justice system and
Human Rights.

Learning Outcomes:

v. Demonstrate knowledge and understanding of the international human rights


framework, itsorigins and justifying theories;
vi. Demonstrate capacity to assess how specific human rights may be asserted, enforced
or violated;
vii. Critically evaluate the relationship between international and domestic law on human
rights;
viii. Demonstrate understanding of the role of lawyers in human rights protection and
capacity to contribute to ongoing processes of law reform;

UNIT- 1 CONCEPTUAL PERSPECTIVE 5 Hours

(a) Concept of Crime and Criminal Liability


(b) Role of Criminal Justice System in protection of Human Rights

UNIT- 2 HUMAN RIGHTS PROBLEMS 5 Hours

(a) Police Atrocities and Accountability


(b) Violence against Women and Children
(c) Terrorism and Insurgency

UNIT- 3 RIGHT TO ACCUSED 5 Hours

(a) Ex post facto law

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(b) Double Jeopardy


(c) Protection against Self-Incrimination
(d) Fair trial

UNIT- 4 :Victims Rights 5 Hours


a) Rights of inmates of prison and Custodial Homes
b) Compensation of victims of crime
c) Punishment and Human Rights

UNIT- 5 INTERNATIONAL PERSPECTIVES 4 Hours

(a) International Crimes and International Cooperation in combating of Transnational


Organized Crime (b) International Norms on Administrative of Criminal Justice.

SUGGESTED READINGS

1. Najibul Hasan Khan, Criminal Justice System and Human Rights in India (Ankit
Publications)

2. K. I. Vibhute, Criminal Justice, A Human Rights Perspective of the Criminal Justice


Process in India (Eastern Book Company, 2004)

3. Pandit Kamalakar, Human Rights and Criminal Justice (2019)

4. Ronald J. Waldron, the Criminal Justice System: An Introduction (Taylor & Francis Inc.)

5. Vikas H. Gandhi, Judicial Approach in Criminal Justice System: An Experience of India


(2010)

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SEMESTER-II

SYLLABUS
PROTECTION & ENFORCEMENT OF HUMAN RIGHTS IN INDIA (LPG 254)

L:T:P::2:1:0 Credit-2

OBJECTIVE-Protection of human rights is a necessity for the development and growth of


an individual personality, which ultimately contributes in the development of the nation as a
whole. It is an internationally recognized issue and various international instruments have
been established for the protection of human rights.

OUTCOMES:

i. To understand the duty of State in the protection of Human Rights


ii. To learn the international instrument for the protection of Human Rights

UNIT- 1: HUMAN RIGHTS THEORETICAL ASPECTS 5 Hours

i. Human rights- Concepts & Nature Human Rights: Meaning, Definition, Nature,
ii. Content- Legitimacy of Human Rights- Origin and Development of Human Rights-
iii. Theories – Principles of Magna Carta
iv. Modern Movements of Human Rights
v. The Future of Human Rights.

UNIT- 2: HUMAN RIGHTS – THE INTERNATIONAL PERSPECTIVE 5 Hours

i. International human rights – Human Right concepts Prior and after World War II
ii. UNO – Universal Declaration of Human Rights (UDHR)
iii. International Covenant on Civil and Political Rights (ICCPR)
iv. International Covenant on Economic, Social and Cultural Rights (ICESCR)
v. Optional Protocols- Human Right Declarations – Role of United Nation Commissions
– Convention on the Elimination of All forms of Discrimination against women
(CEDAW) – United Nations Convention against Torture (UNCAT) - United Nations
Convention on the Rights of the Child (CRC or UNCRC) - Conventions on the
Protection of the Rights of Migrant Workers and Disabled.

UNIT- 3: REGIONAL HUMAN RIGHTS 5 Hours

i. European Human Rights System


ii. African Human Rights System
iii. International Human Rights
iv. Enforceability before Domestic Courts.

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UNIT- 4: HUMAN RIGHTS IN INDIA: THE CONSTITUTION OF INDIA

5 Hours

i. Fundamental Rights – Right to Life and Liberty


ii. Directive Principles of State Policy
iii. Fundamental Duties
iv. Individual and Group Rights
v. Other facets of Human Rights
vi. Measures for Protection of Human Rights in India.

UNIT-5: HUMAN RIGHT VIOLATIONS AND REDRESSAL MECHANISM


HUMAN RIGHTS 4 Hours

i. Infringement of Human Right by State Machinery and by Individual


ii. Remedies for State action and inaction
iii. Constitutional remedies – Public Interest Litigation (PIL) - Protection of Human
Rights Act, 1993
iv. National Human Rights Commission – State Human Rights Commissions –
Constitution of Human Right Courts

SUGGESTED READINGS
1. Manoj Kumar Sinha, Implementation of Basic Human Rights, (Lexis Nexis)
2. Vijay Chitnis et. all., Human Rights and the Law: National and Global Perspective
3. H.O. Agarwal, Human Rights, (CLP, 2018)
4. Bhagyashree A. Deshpande, Human rights- Law and Practice, (CLP, 2017)
5. H.O. Agarwal, International Law and Human Rights (CLP, 2019)
6. Justice D M Dharmadhikari, Human Values and Human Rights (Lexis Nexis, 2016)
7. Rashee Jain, Textbook on Human Rights Law and Practice (Lexis Nexis, 2016)

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SEMESTER-II
SYLLABUS
INTERNATIONAL HUMANITARIAN LAW & REFUGEE LAW(LPG255)

L:T:P::2:1:0 Credit-2

OBJECTIVE:The course is intended to offer students a comprehensive view of the subject


of international humanitarian law (IHL) or the law of armed conflict and its broad
interrelationship with some of the other branches of international law.

Learning Outcomes:

i. Demonstrate knowledge and understanding of the international human rights


framework, its origins and justifying theories;

ii. Demonstrate capacity to assess how specific human rights may be asserted, enforced
or violated;

iii. Critically evaluate the relationship between international and domestic law on human
rights;

iv. Demonstrate understanding of the role of lawyers in human rights protection and
capacity to contribute to ongoing processes of law reform;

UNIT- 1: INTRODUCTION TO INTERNATIONAL HUMANITARIAN LAW

5 Hours

i. Definition and Concept of International Humanitarian Law


ii. Fundamental Principles of IHL
iii. Sources of IHL
iv. Application of IHL
a) Definition of War
b) Concept of international & internal armed conflict

UNIT- 2: IHL & HUMAN RIGHTS 5 Hours

i. Origin, Development and Scope of Human Rights Law


ii. Application of Human Rights Provisions in Conflict Situations - Conditions and
Provisions for Derogation
iii. Applicability of Human Right's Norms to Internal Disturbances and Tensions

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UNIT- 3: IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW

5 Hours

i. Introduction
ii. National Implementation of IHL
a) Role of national legislations
b) Other national measures for implementation of IHL
iii. International Implementation of IHL
a) Role of the United Nations
b) International Fact-Finding Commission
iv. International Criminal Law Mechanisms for Implementation of IHL
a) Introduction to the general concept of war crime trial
b) Developments Concerning Creation of a Permanent International Criminal
Court
c) Early War Crimes Trials - Nuremberg and Tokyo Trials

Module 4: PROTECTION OF VICTIMS OF WAR AND ARMED CONFLICTS

5 Hours

i. Introduction
ii. Protection to the Wounded, Sick and Shipwrecked
a) Medical personnel
b) Work of Relief Societies. Importance of the Emblems
iii. Protection of Civilians
a) Protection of Women & Children
b) Protection of Refugees & Internally Displaced persons
c) Protection against arbitrary treatment
iv. Protection of Prisoners of War
a) Determination of Status
b) Treatment, Supervision & Repatriation.

Module 5: LIMITATIONS OF MEANS & METHODS OF WARFARE 4 Hours

i. Introduction
a) Protection of Civilians against effects of hostilities
ii. The Law relating to Naval Warfare
iii. The Law relating to Air Warfare
iv. Specific Weapons Regimes
a) Some early developments
b) Nuclear Weapons
c) Chemical, Biological & Bacteriological Weapons
d) Anti-Personnel Landmines

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SUGGESTED READINGS:

1. Dinstein, Yoram, The Conduct of Hostilities under the Law of International Armed
Conflict (2nd ed) Cambridge University Press 2010)

2. Fleck, Dieter (ed), The Handbook of International Humanitarian Law


(2ndEdition,OUP 2008)

3. Kennedy, David, Of Law and War, (Princeton 2006)

4. Mani, V.S. (ed), Handbook of International Humanitarian Law in South Asia (OUP
2007)

5. Akande, Dapo, "Classification of Armed Conflicts: Relevant Legal Concepts", in


Wilmshurst, E., (ed), International Law and the Classification of Conflicts (OUP,
2012) chapter 3.

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SEMESTER-II
SYLLABUS
COMPARATIVE HUMAN RIGHTS OF DISADVANTAGEOUS GROUP(LPG 256)

L:T:P::2:1:0 Credit-2

OBJECTIVE:This course intends to equip the students with the awareness of the various
problems of disadvantaged groups and to inspire them to critically evaluate the international
conventions and national legislation related to people of marginalized community.

Learning Outcomes:

i. Demonstrate knowledge and understanding of the international human rights


framework, itsorigins and justifying theories;
ii. Demonstrate capacity to assess how specific human rights may be asserted, enforced
or violated;
iii. Critically evaluate the relationship between international and domestic law on human
rights;
iv. Demonstrate understanding of the role of lawyers in human rights protection and
capacity to contribute to ongoing processes of law reform;

UNIT- 1: INTRODUCTION 5 Hours

i. Meaning of Vulnerable & Disadvantaged groups


ii. Concept of Vulnerable & disadvantaged groups

UNIT-2: HUMAN RIGHTS OF WOMEN & CHILDREN 5 Hours

i. Women’s Rights under Indian Laws


ii. International scenario on Women’s rights
iii. International Instruments/Covenants on Child’s rights
iv. Legal Provisions governing Child’s rights in India
v. International Organizations concerned with rights of Women & Children
vi. National Commission for Protection of Child Rights
vii. National Commission for Women

UNIT- 3: EMERGING HUMAN RIGHTS JURISPRUDENCE AND THE ROLE OF


THE JUDICIARY 5 Hours

i. Enforcement of Human Rights


ii. Protection Laws of the Disadvantaged Groups: Problems and Issues
iii. Future Perspectives of the Human Rights of the Disadvantaged

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UNIT- 4: HUMAN RIGHTS OF SPECIAL CATEGORY OF VULNERABLE AND


DISADVANTAGEDGROUPS 5 Hours

i. Stateless Persons
a) Concept & Causes of Statelessness
b) Consequences of Statelessness on Human Rights
c) Some current challenges
ii. Sex Workers
a) Definition of Sex Work
b) Sex workers & international efforts
c) Indian scenario
iv. Migrant Workers
a) International efforts
b) Migrant workers in India

UNIT-: JUDICIAL PRONOUNCEMENTS ON HUMAN RIGHTS OF


DISADVANTAGED GROUPS 4 Hours

i. India
ii. USA
iii. UK

SUGGESTED READINGS:

1. Prof. Y.S.R. Murthy,“Human Rights Handbook” By Lexis Nexis Butterworth


in October, 2007
2. Dr. V.T. Patil and Prof. Dr. T.S.N. Sastry, “Studies In Human Rights” by
PonRani Publications, Delhi, January 2000.
3. Prof. Dr. T.S.N. Sastry, “India And Human Rights Reflections” by Concept
Publishing Company, New Delhi, 2005.
4. “Women and Human Right” by Indian Institute of Human Rights, 2001.
5. “Trafficking In Humans: Social, Cultural And Political Dimensions” by
United Nations University, ISBN 13: 9789280811469
6. TSN Sastry Human Rights and Minorities –An International Perspective:
Indian Journal of Law and Justice, l Vol. 2, 2010, pp 1-5

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ONE YEAR LL.M SYLLABUS


LAW, POLICY AND GOOD GOVERNANCE

FIRST SEMESTER

COMPULSORY PAPERS

i. Research Methods and Legal Writing


ii. Comparative Public Law
iii. Law and Justice in a Globalizing world

OPTIONAL PAPERS

i. Rule of Law and Good Governance


ii. Public Policy: Theory and Practice

SECOND SEMESTER

i. Human Rights, Governance and Sustainable Development


ii. Law, Policy and Development
iii. Sociology of Law, Governance & Political Economy of Law
iv. Law, Constitutionalism and Political Theory
v. Dissertation

The examination, evaluation and other norms of improvement of grades will be governed as
per the norms of the credit system of the University Departments.

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SEMESTER-I
SYLLABUS
RESEARCH METHODS AND LEGAL WRITING (LPG-101)

L:T:P:: 3:1:0 Credits-3

OBJECTIVES-The main objective of this course is to acquaint the student of law with the
scientific method of social science research. This course is expected to provide knowledge of
the technique of selection, collection and interpretation of primary and secondary data in
socio-legal research. Emphasis would be laid on practical training in conducting research in
this course. They should be able to design and execute small-scale research problems. The
practical skill in conducting research will be evaluated on their performance in field research
and workshops/seminars.

Learning Outcomes:
i. Recognise primary and secondary sources of legal research material.
ii. Use and apply secondary sources, case law and legislation using both paper based and
online resources to a research problem.
iii. Develop correct research strategies to critically evaluate the relevance, quality,
authority and currency of the research materials.

UNIT- I:INTRODUCTION 8 Hours


i. The science of research and scientific methodology.
ii. Interrelation between speculation, fact and theory building-some fallacies of scientific
methodology with reference to socio-legal research.
iii. Inter-disciplinary research and legal research models.
iv. Armchair hair research vis-à-vis empirical research.
v. Legal research-common law and civil law legal systems

UNIT- II: RESEARCH DESIGN 7 Hours


i. Workable Hypothesis-formulation and evaluation.
ii. Major steps in research design

UNIT-III:RESEARCH TECHNIQUES 7 Hours


i. Sampling
ii. Survey and Case Study method
iii. Scaling and Content Analysis

UNIT- IV:RESEARCH TOOLS AND DATA PROCESSING 7 Hours


i. Observation
ii. Interview and schedule

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iii. Questionnaire
iv. Socio-metrics and jurimetrics
v. Data processing (deductions and Inductions) analysis and interpretation of data

UNIT- V: LEGAL WRITING 7 Hours


i. Report/article writing in legal research
ii. Use of definitions, maxims, concepts, principles, doctrines in legal research
iii. Citation methodology
iv. Book review and case comments

BIBLIOGRAPHY/REFERENCES
1. Robert Watt- Concise book on Legal Research
2. Ram Ahuja-Research Method
3. Good and Hatt- Research Methodology
4. Pauline Young- Research Methodology
5. Earl Babbie- Research Methodology
6. AnwarulYaqin-Legal Research Methodology
7. Wilkinson Bhandarkar-Research Methodology
8. SelltisJohoda-Research Methodology
9. Stott D.-Legal Research
10.RobertWattand Francis Johns- ConciseLegalResearch

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SEMESTER-I
SYLLABUS
COMPARATIVE PUBLIC LAW(LPG-102)

L:T:P:: 3:1:0 Credits-3

OBJECTIVES- This paper focuses on analytical and theoretical scrutiny of Public


Administrative Law, Constitutional Law and Criminal Law and its component in a
comparative manner to enable the students and develop amongst them a proper understanding
of the subject.

Learning Outcomes:
i. Understand the similarities and differences between leading (Western) constitutional
traditions in key areas (sovereignty, separation of powers etc.).
ii. Have an improved understanding of their own legal system.
iii. Understand how the States studied have developed and applied constitutional
principles, especially in the light of processes of globalization and democratization.

UNIT-I: INTRODUCTION 8 Hours


i. Meaning and definition of Public Law
ii. Concept of Public Law
iii. Globalization of Comparative Public Law

UNIT- II: TOOLS OF COMPARATIVE PUBLIC LAW 7 Hours


i. Constitutional Law - Common Law, Civil Law
ii. Legislative Mechanism - Common Law, Civil Law
iii. Typology of Federalism - USA, India

UNIT- III: PUBLIC INTEREST LITIGATION - US, INDIA 7 Hours


i. Locus standi
ii. Judicial Activism
iii. Judicial Accountability

UNIT- IV: COMPARATIVE CRIMINAL LAW - COMMON LAW, CIVIL LAW

7 Hours
i. Domestic Violations - International, National
ii. Provisions relating to Rape
iii. Plea Bargaining - US A, India
iv. White Collar Crimes
v. Juvenile Justice

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UNIT- V: OMBUDSMAN 7 Hours


i. Ombudsman in Scandinavian countries
ii. International Scenario - Common law and Civil law
iii. Indian Scenario
iv. Lokpal (Ombudsman)
v. Lokayukta

BIBLIOGRAPHY/REFERENCES
1. H. W. Wade - Administrative Law,
2. DeSmith - Judicial Review of Administrative Action.
3. Garner - Administrative Law.
4. D. D. Basu - Comparative Administrative Law.
5. Wade and Philips - Constitutional Law
6. Dicey - Introduction to Law of the Constitution.
7. Hood Philips - Constitutional Law and Administrative Law.
8. M. P. Jain, S. N. Jain - Principles of Administrative Law.
9. M. P. Jain - The Evolving Indian Administrative Law.
10. B, Schwartz - An Introduction to American Administrative Law.
11. K. S. Shukla and S. S. Singh - Lokayukta- A socio legal study.
12. Ivor Jennings - Law and the Constitution.
13. Neville L. Brown and J. F. Garner - French Administrative Law.
14. Peter H. Schuck - Foundations of Administrative Law.
15. P. P. Craig - Administrative Law.
16. Alex Carol - Constitution and Administrative Law.

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-I
SYLLABUS
LAW AND JUSTICE IN A GLOBALIZING WORLD (LPG-103)

L:T:P:: 3:1:0 Credits-3

OBJECTIVE-The main objective of the course is to enable students to understand and seek
solutions to pressing problems in the domain of global justice. By the end of the term,
students are expected to have become familiar with the multiple dimensions of the theoretical
literature and be able to critically evaluate the liberal, republican, and discursive democratic
attempts to make sense of, and to ameliorate, prevailing instances of injustice in the world.
This will be imparted through theoretical and philosophical debates advanced by various
scholars and the institutional mechanism that need to be accelerated to achieve the objectives
ofglobal justice.

Learning Outcomes:
i. Multiple strata at which law, justice and society interest.
ii. The process of globalization; and
iii. The implications of globalization on law and legal theory.

UNIT- I: Introduction 8 Hours


i. Meaning and significance of Globalization
ii. Concept of Global Justice
iii. Global Justice and Right to Development

UNIT- II: Theoretical Prepositions of Global Justice 7 Hours


i. Realism
ii. Particularism
iii. Nationalism
iv. Cosmopolitanism

UNIT- III:Historical and Central Challenges to Global Justice 7 Hours


i. Global Poverty- Role of International Mechanism
ii. Armed Conflict
iii. Nationalist practices
iv. Crimes against Humanity
v. Environment and Health
vi. Oppressive Policies- Threat of Terrorism, Global Politics

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UNIT- IV: Role and Reformation of Global Institutions 7 Hours


i. States, sovereignty and Transnational Law
ii. Economic and Trade Institutions-MNC's
iii. Structural reforms of United Nations-Security Council
iv. International Judicial Institutions

UNIT- V: Models to Achieve Global Justice 7 Hours


i. Social Contract and Social Justice
ii. Sarvodaya Model of Justice
iii. Multi Culturalism and Cosmopolitanism
iv. Significance of Human Rights Education
v. Global Justice and Global Rule of Law

BIBLIOGRAPHY/REFERENCES
1. Springer: Encyclopaedia of Global Justice 2012
2. Brian Barry, Culture and Equality. Cambridge: Polity, 2001!
3. Duncan Bell (ed.) Ethics and World Politics. Oxford 2010.
4. Allen Buchanan. Justice, Legitimacy, and Self-determination: Moral Foundations for
International Law. Oxford 2004.
5. Simon Caney, Justice Beyond Borders.Oxford: 2005
6. Martha Nussbaum, Frontiers of Justice. Cambridge, Mass:Harvard University
Press.
7. Thomas Pogge, World Poverty and Human Rights.Cambridge: Polity, 2002.
8. John Rawls, the Law of Peoples. Cambridge, Mass.: Harvard University Press, 1999
9. AmartyaSen, Development as Freedom. Oxford: 1999
10. AmartyaSen: Global Justice

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SEMESTER-I
SYLLABUS
RULE OF LAW AND GOVERNANCE (LPG-161)

L:T:P:: 2:1:0 Credits-2

OBJECTIVE:

● To understand the concept of rule of law in its narrow and broad context
● To derive an interrelation between rule of law and good governance
● To analyze the institutional mechanism and reformatory measures in implementing rule
of law

Learning Outcomes:
1. Students will develop research skills and techniques in understanding the concept of
rule of law and its importance in ensuring good governance.
2. Students will have knowledge of the necessary administrative and judicial reforms in
the light of contemporary developments. They will also learn about alternative checks
such as ombudsman to ensure that agencies will work within their legal bounds.
3. Students will be able to produce research papers in journals of international repute
having high impact factor. They will also be able to able to contribute in policy
making by critically analyzing the concept of sustainable development.
4. Students will be able to provide consultations to governmental and non-governmental
agencies in improving the existing model of governance by comparing it with other
models.
5. Students will have ability to teach in national and international institutions.

UNIT-I: Rule of law: Meaning and Significance 5 Hours


i. Overview and Principal Focus
ii. Exploring the Concept
iii. Elements of Rule of Law
iv. Rule of Law: Comparative Context

UNIT -II: Good Governance: Conceptual and theoretical Issues and Rule of law

5 Hours

i. Conceptual framework: meaning, elements of good governance

ii. Good governance in India: Curbing Corruption

iii. Electoral, Administrative and Judicial Reforms

iv. People’s participations in Administration

v. Citizen’s Charter

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UNIT -III: Constitutionalism and the Rule of Law and Good Governance

5 Hours

i. Principles of Constitutionalism promoting Rule of Law and Good Governance:


Separation of Powers, Judicial Review

ii. Legislative and Judicial Control over Executive

iii. Judicial Review of Legislative and Administrative actions: Comparative Analysis


(India, USA and UK)

UNIT - IV: Strengthening the Rule of Law 5 Hours


i. Institutional Measures: Boards and Commissions, Independent Regulatory
Commissions, Ombudsman

UNIT - V: Reformatory Measures 4 Hours


ii.
i. Reformatory Measures: Reforms in Legal, Administrative and Judicial Systems

BOOKS RECOMMENDED

● Kahn and Yardley, “Rule by Law,” N.Y. Times 2005 series


● Kahn and Yardley, “Rule by Law,” N.Y. Times 2005 series
● Kahn and Yardley, “Rule by Law,” N.Y. Times 2005 series
● Lane, Jan-Erik, Good Governance: The Two meanings of “Rule of Law”, International
Journal of Politics and Good Governance (2010)
● Governance in India: A Theatre of the Absurd; Lal, Amrit; Shipra Publications; 2004
● M Laxmikanth, Governance in India, McGraw Hill Education (India) Pvt. Ltd. (2014).
● Moustafa& Ginsburg (2008), “The Function of Courts in Authoritarian Politics,” from
Rule by Law, Cambridge Univ. Press
● Basu D. D., Comparative Constitutional Law, Second Edition, Wadhwa and Company,
Nagpur (2008)
● Rod Hague& Martin Harrop, Comparative Government and Politics: An Introduction,
Palgrave Macmillan, New York (2004)
● Fadia, B.L., Fadia, Kuldeep, Public Administration, Administrative Concepts and
Theories, KitabMahal, New Delhi, (2003)
● Avasthi, A. and Maheshwari, S., Public Administration, Lakshmi NarainAgarwal, Agra,
(2004)
● Sharma, M.P., Sadana,B.L., Public Administration, KitabMahal, Allahabad, (2004)
● United States Council for International Business, “Good Governance and the Rule of
Law”
● Adeejat-Kubra AdenikeKolawole, “Good Governance, Constitutionalism And The Rule
Of Law: Imperatives For Sustainable Development In Nigeria”
● Philippine Development Plan 2011-2016, “Good Governance and the Rule of Law”

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SEMESTER-I
SYLLABUS
PUBLIC POLICY: THEORY AND PRACTICE (LPG-162)

L:T:P:: 2:1:0 Credits-2

OBJECTIVE: The Syllabus is designed to understand public policy approaches, models and
theories to understand the framework of public policy. It also helps to understand the role of
local governance and civil society in the sphere of policy making.

LEARNING OUTCOME: At the end of the course, the students shall understand and get an
introduction to the approaches of logical positivism, phenomenology etc. and their
application to Public Policy and get introduced to the richness and variations in the models
and theories that deeply influences the policymaking and familiarize themselves to the local
governance and role of civil society.

UNIT -I:APPROACHES TO PUBLIC POLICY 5 Hours

i. Process Approach
ii. Logical Positivist Approach
iii. Phenomenological approach

UNIT -II: PUBLIC POLICY 5 Hours

i. Wilfred Pareto- Optimality and Improvement


ii. Almond Gabriel: Interest Aggregation & Interest Articulation
iii. AmartyaSen: Concept of Development as Freedom

UNIT -III:THEORIES OF POLICY ANALYSIS 5 Hours

i. Systems theory for policy making


ii. Elitist Theory
iii. Rationalist theory for policy making- Public Choice theory and its Criticism
iv. Critical Policy Rationalists- Introduction, Simon’s Rationality theory, Concept of
Bounded Rationality and constraints to rationality

UNIT -IV: DECENTRALISATION AND PUBLIC POLICY 5 Hours

i. Concepts of Decentralization and Devolution, Delegation and DE concentration


ii. Elements of Decentralization, Trends in Decentralization and Hurdles for
Decentralization

UNIT -V: CIVIL SOCIETY AND PUBLIC POLICY 4 Hours

i. Significance of Civil Society


ii. Role of Civil Society in Environmental Policies

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SUGGESTED READINGS:

1. McCool, Daniel ed., (1995), Public policy theories and concepts: An anthology, NJ
Prentice Hall.

2. Lerner D and H.D. Laswell ed., (1951), The Policy Sciences, Stanford, Stanford
University Press.

3. John Peter (2012), Analyzing Public Policy, 2nd Ed., Routledge Taylor and Francis group
London.

4. Dror.Y., (1989), Public Policy Re-Examined, 2nd ed., San Francisco Chandler.

5. Birkland Thomas. A. (2005), An Introduction to the policy process: Theories, Concepts


and Models of Public policy making, Armonk, M.E. Sharpe.

6. Bergson Peter. J ed., (1991), Teaching Public Policy: Theory, Research and Practice,
Westport, RI: Green wood Press.

7. Bardach Eugene (1977), The Implementation Game: What happens after a bill becomes a
Law, Cambridge, MA: MIIT.

8. Barber, Benjamin, 1984, Strong Democracy: Participatory politics for a New Age,
Berkley, University California Press.

9. Alexander Jeffrey. C (2006), The Civil Sphere, New York, Oxford University Press.

10. Balochi. G. P. Heller et.al (2011), Bootstrapping Democracy: Transforming Local


governance and Civil Society, Stanford University Press.

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SEMESTER-II
SYLLABUS
HUMAN RIGHTS, GOVERNANCE AND SUSTAINABLE DEVELOPMENT
(LPG-263)

L:T:P:: 2:1:0 Credits-2

OBJECTIVE: This course explores the crucial link between governance, sustainable
development and human rights. Sustainable development has emerged as the global norm and
dominant approach to reconcile the goals of economic development, environmental quality
and social equity. Governance can be understood as the rules, mechanisms, processes and
institutions through which important decisions are made and implemented. Human rights
include the right to life and liberty, freedom of opinion and expression, the right to work and
education, and many more. Everyone is entitled to these rights, without discrimination. The
course discusses the contested nature of these concepts and investigates how they are
combined in local, national, regional and international policymaking about environmental and
development challenges such as poverty, global inequalities, loss of biodiversity,
deterioration of global ecosystems, and the threat of climate change to human societies.

LEARNING OBJECTIVE: Students successfully completing the course should be ableto:


i. Identify the complexity and operations of governance systems and processes on
international, national and local levels.
ii. Explain the differences between government and governance, and the various ideas
and meanings attached to the goal of sustainable development.
iii. Analyse policy-making processes in regard to sustainability issues.
iv. Apply analytical and problem-solving skills to specific sustainable development
problems.

UNIT-1: Human Rights and Development 5 Hours

i. Human Rights and Development:

a) Introduction: What Is “Good” Development?


b) Key concepts: Human Rights and Development in questions

ii. -Development, poverty and inequalityIs poverty a Human Rights violation

UNIT-2 : Human Rights and Development 5 Hours

i. Development versus Human Rights?


ii. Modernization, order and the developmental state
iii. From Structural Adjustment to Human development and Rights-based Approaches
iv. Conceptual Issues

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UNIT- 3: Sustainable Development 5 Hours

i.Sustainable Development

a. Governance and Sustainable Development: a short history of contested


concepts
b. Governance: scales, processes & actors
c. Sustainable Development Governance: the politics of sustainability
d. Governance: Politics, Power, Policy
ii. Global Governance: Globalisation, Poverty and Global Inequalities
iii. Culture, Gender, and Sustainability

UNIT- 4: Corporate Governance 5 Hours

i. Corporate Governance and Sustainability

a. Governing the Global Commons


b. Urban Governance and Sustainability
c. Local governance: community-based sustainable development
ii. Knowledge & Education for Sustainable Development
iii. Governance of Risk & Sustainability Science
iv. Global Ethics & Justice
v. Governance and Sustainable Development: shaping new futures?

UNIT- 5: Human Rights and Development 4 Hours

i. Global Governance, Human Rights and Development


ii. The World Bank, IMF and Human Rights
iii. Foreign Investment and Human Rights
iv. Rethinking Transformation and the Sustainable Development Goals

Suggested Reading

1. India Sustainable Development and Good Governance Issues -Ray Binayak


2. Sustainable Development Goals- Ajay Ahlawat
3. Good Governance Issues and Sustainable Development: The Indian Ocean Region -
RabindraNathGhosh
4. Governance for Sustainable Development: A Foundation for the Future–Rosalie Callway
5. International Human Rights- Philip Alston and Ryan Goodman
6.International Human Rights Law: Cases, Materials, Commentary - Olivier deSchutter
7. Human Rights and the Global Marketplace: Economic, Social and CulturalDimensions -
Jeanne M. Woods and Hope Lewis
8. The Process of Economic Development - James Cypher and James Dietz
9. Stones of Hope: How African Activists Reclaim Human Rights to Challenge
10. Global Poverty - Lucie White & Jeremy Perelman

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SEMESTER-II
Syllabus
Law Policy and Development (LPG-264)

L:T:P:: 2:1:0 Credits-2

OBJECTIVE OF THE COURSE

The paper is intended to equip the student with the aspects of Law, policy and development.
It is a subject that will help a student to understand and interpret any legislation or any legal
development both national and international and help students to interpret the same in proper
context. A general analysis of the laws, policies making process and also international
perspectives of right to development and policy making.

Learning Objective: Students successfully completing the course should be able to:

i. Identify the complexity and operations of governance systems and processes on


international, national and local levels.

ii. Explain the differences between government and governance, and the various ideas
and meanings attached to the goal of sustainable development.

iii. Analyse policy-making processes in regard to sustainability issues.

iv. Apply analytical and problem-solving skills to specific sustainable development


problems.

UNIT 1-Law and Development in India 5 Hours

a. Theory and background of law


b. Conceptions of Development
c. The Law and Development Movements

UNIT 2- Development: Concept, Dimensions and Factors 5 Hours

a. Introduction and Objectives


b. An Overview of Development
c. Human Development
d. Social Development
e. Political Development
f. Economic Development

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UNIT 3-Contemporary Developments: 5 Hours

a. New public administration


b. New public management
c. Good governance and development
d. Corporate governance
e. Feminist and ecological perspective

Unit 4- Policy and policy making process 5 Hours

a. Introduction and Objectives


b. Stages in the P Formulation of Public Policy Process
c. Policy Implementation
d. Policy-making Process in India

Unit 5- Right to Development in International Perspective 4 Hours

a. Historical Evolution of the Right to Development


b. UN Declaration
c. International Obligations
d. Implementation of Right to development

SUGGESTED READINGS

1. Banerjee A and Duflo E, Poor Economics: A Radical Rethinking of the Way to Fight
Global Poverty (Reprint edition, PublicAffairs 2012)
2. Benton L, Law and Colonial Cultures: Legal Regimes in World History, 1400-1900
(Cambridge University Press 2002)
3. Cypher J, The Process of Economic Development (4th edition, Routledge 2014)
4. Haan A de, How the Aid Industry Works: An Introduction to International
Development (Kumarian Press 2009)
5. Anderson, J.E. (1984). Public Policy-Making. New York: CBS CollegePublishing.
6. Birkland, T.A. (2011). An Introduction to the Policy Process. New Delhi:
PHILearning.
7. Dye, T.R. (2004).Understanding Public Policy. Englewood Cliffs: Prentice Hall.

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SEMESTER-II
Syllabus
Sociology of Law, Governance and Political Economy of Law (LPG-265)

L:T:P:: 2:1:0 Credits-2

OBJECTIVES:The aim of this course is to familiarize the students with the development of
significant theoretical ideas in this field. This will also help to analyze and situate these
theoretical propositions in the context of contemporary socio-economic and political setting.

LEARNING OBJECTIVE: Students successfully completing the course should be able to:

i. Identify the complexity and operations of governance systems and processes on


international, national and local levels.

ii. Explain the differences between government and governance, and the various ideas
and meanings attached to the goal of sustainable development.

iii. Analyse policy-making processes in regard to sustainability issues.

iv. Apply analytical and problem-solving skills to specific sustainable development


problems.

UNIT 1 Theoretical 5 Hours

i. Conceptions of Society
ii. Social Integration - Social mobility - social control - Compliance and deviance
iii. Theories of Social Change in India - Westernization - Sanskritization -
iv. Islamization
v. Conceptions of Law and Legal System [Normative - cultural and social]
vi. Plurality and multiplicity of social control systems
vii. Social functions of law relative to social integration and change
viii. Notion of legal impact and effectiveness
ix. Symbolic and instrumental uses of law
x. Problems in the study of impact and effectiveness

UNIT II. Comparative Perspectives Legal system and social change 5 Hours

a. Correlation between law and social change


b. Legal evolution and social complexity [Maine-Savigny-Durkheim]
c. Legalism and capitalism [Karl Marx and Max Weber]
d. Law and Development [Dependency theories]
e. Relevance of Marxist and Weberian analysis to problems of planned Economic
f. development in developing societies.

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UNIT III. Colonial Experiences - Indian Legal System and social change 5 Hours

i. Utilitarianism - Liberalism and Law reforms [works of law commission -


ii. Permanent settlements and agrarian reforms]
iii. From Indian status to British contract [Anti disabilities law - contract law -
iv. Agrarian property i.e. Tenancy laws]
v. Constitutional developments during British rule.

UNIT IV. Contemporary Experience: Indian Legal system and social change 5 Hours

i. Goals of planned social change through laws relating to land ceiling and tenancy
ii. reforms
iii. Law and Welfare benefits to the weaker sections [Preferential treatment to the
iv. Backward Classes and Scheduled castes and tribes]
v. Public control of Economic Enterprises [Select Aspects i.e. Licenses - Price
vi. fixation and Monopolies etc.]

UNIT V: Governance of law in society 4 Hours

i. Law and Liberalization policies


ii. Law and Women empowerment
iii. Law and Development Policies

Suggested Readings:

1. Banerjee A and Duflo E, Poor Economics: A Radical Rethinking of the Way to Fight
Global Poverty (Reprint edition, Public Affairs 2012)
2. Benton L, Law and Colonial Cultures: Legal Regimes in World History, 1400-1900
(Cambridge University Press 2002)
3. Cypher J, The Process of Economic Development (4th edition, Routledge 2014)
4. Haan A de, How the Aid Industry Works: An Introduction to International
Development (Kumarian Press 2009)
5. Anderson, J.E. (1984). Public Policy-Making. New York: CBS College Publishing.
6. Birkland, T.A. (2011). An Introduction to the Policy Process. New Delhi: PHI
Learning.
7. Dye, T.R. (2004). Understanding Public Policy. Englewood Cliffs: Prentice Hall.

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SEMESTER-II
Syllabus
Constitutionalism and Political Theory (LPG-266)

L:T:P:: 2:1:0 Credits-2

OBJECTIVE: This course is concerned with examining the nature of law, constitutionalism
and understanding various political theories. The goal of the course is to propose some
questions about constitutionalism and to provide some familiarity with alternative approaches
and conceptions of constitutional theory and practice.

LEARNING OUTCOME: At the end of the course, the students shall understand and get an
introduction to the approaches of logical positivism, phenomenology etc. and their
application to Public Policy and get introduced to the richness and variations in the models
and theories that deeply influences the policymaking and familiarize themselves to the local
governance and role of civil society.

UNIT1- Law and Constitutionalism 5 Hours

Meaning of Law- growth and development of law- Relevance of law-necessity and


importance of law- law and Constitution- making of Indian Constitution-nature and features
of Indian Constitution.Constitutional law and Constitutionalism.

UNIT 2-Origin of Constitutionalism 5 Hours

Authoritarianism – Dictatorship- Democracy- communism – Limited Government Concept-


Limitation on Government Power – What is a constitution – Development of a Democratic
Government in England – Historical Evolution of Constitutional Government – Conventions
of constitutionalism – Law and Conventions – Written Constitutions – U.S.A., Canada,
Australia, Sweden, South Africa and India.

UNIT 3- Political Thought and law 5 Hours

Political Theory; Meaning Nature and Significance- Political Ideologies- legal and political
philosophy- political thinkers and their view- Traditional and Modern Political theory.

Unit 4- Political Theory 5 Hours

Natural Law Theories - Classical Positivism - Austin - Bentham - H L A Hart - Pure Theory
of Law - Analytical School of Law - Sociological School of Law - American Realism -
Scandinavian Realism - Historical and Anthropological Jurisprudence - Savigny - Maine -
Grotius - Kent - Marxist Theories of Law and State - Feminist Jurisprudence -Postmodernist
Jurisprudence

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UNIT 5- Political Theories in Modern law 4 Hours

Modern legal philosophy- Legal Positivism-political and legal Morality-Constitutionalism


and law- Implication of theories to practice.

SUGGESTED READINGS

1. UpendraBaxi, Law, Democracy and Human Right, 5Lokayan Bulletin 4(1987).

2. V.M.Dandekar, Unitary Elements in a Federal Consitution, 22 E.P.W 1865, 1988.

REFERENCE BOOKS

1. M.A.Fazal, Drafting a British Bill of Rights, 27JILI 423, 1985

2. M.P.Jain, Indian Constitutional Law (1994), Wadhwa 3. H.M.Seervai, Constitutional Law


of India (1993

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ONE YEAR LL.M SYLLABUS


INTERNATIONAL COMPARATIVE LAW

FIRST SEMESTER

COMPULSORY PAPERS

i. Research Methods and Legal Writing


ii. Comparative Public Law
iii. Law and Justice in a Globalizing world

OPTIONAL PAPERS

i. Public International Law


ii. International Economic Laws

SECOND SEMESTER

i. Private International Law / Conflict of Laws


ii. Air and Space Law
iii. Laws of International Organizations
iv. International Humanitarian Law
v. Dissertation

The examination, evaluation and other norms of improvement of grades will be governed as per the norms of the
credit system of the University Departments.

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SEMESTER-I
SYLLABUS
RESEARCH METHODS AND LEGAL WRITING (LPG-101)

L:T:P:: 3:1:0 Credits-3

Objectives-
The main objective of this course is to acquaint the student of law with the scientific method of social science
research. This course is expected to provide knowledge of the technique of selection, collection and interpretation
of primary and secondary data in socio-legal research. Emphasis would be laid on practical training in conducting
research in this course. They should be able to design and execute small-scale research problems. The practical
skill in conducting research will be evaluated on their performance in field research and workshops/seminars.

Learning Outcomes:
i. Recognise primary and secondary sources of legal research material.
ii. Use and apply secondary sources, case law and legislation using both paper based and online resources to
a research problem.
iii. Develop correct research strategies to critically evaluate the relevance, quality, authority and currency of
the research materials.

UNIT- I: Introduction 8 Hours


i. The science of research and scientific methodology.
ii. Interrelation between speculation, fact and theory building-some fallacies of scientific methodology with
reference to socio-legal research.
iii. Inter-disciplinary research and legal research models.
iv. Armchair hair research vis-a-Vis empirical research.
v. Legal research-common law and civil law legal systems

UNIT- II: Research Design 7 Hours


i. Workable Hypothesis-formulation and evaluation.
ii. Major steps in research design

UNIT-III: Research Techniques 7 Hours


i. Sampling
ii. Survey and Case Study method
iii. Scaling and Content Analysis
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UNIT- IV:Research Tools and Data Processing 7 Hours


i. Observation
ii. Interview and schedule
iii. Questionnaire
iv. Socio-metrics and jurimetrics
v. Data processing(deductions and Inductions) analysis and interpretation of data

UNIT- V: Legal writing 7 Hours


i. Report/article writing in legal research
ii. Use of definitions, maxims, concepts, principles, and doctrines in legal research
iii. Citation methodology
iv. Book review and case comments

BIBLIOGRAPHY/REFERENCES
1. Robert Watt- Concise book on Legal Research
2. Ram Ahuja-Research Method
3. Good and Hatt- Research Methodology
4. Pauline Young- Research Methodology
5. Earl Babbie- Research Methodology
6. AnwarulYaqin-Legal Research Methodology
7. Wilkinson Bhandarkar-Research Methodology
8. SelltisJohoda-Research Methodology
9. Stott D.-Legal Research
10.Robert Wattand Francis Johns- Concise Legal Research

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SEMESTER-I
SYLLABUS
COMPARATIVE PUBLIC LAW (LPG-102)

L:T:P:: 3:1:0 Credits-3

Objectives- This paper focuses on analytical and theoretical scrutiny of Public Administrative Law,
Constitutional Law and Criminal Law and its component in a comparative manner to enable the students and
develop amongst them a proper understanding of the subject.

Learning Outcomes:
i. Understand the similarities and differences between leading (Western) constitutional traditions in key
areas (sovereignty, separation of powers etc.).
ii. Have an improved understanding of their own legal system.
iii. Understand how the States studied have developed and applied constitutional principles, especially in the
light of processes of globalization and democratization.

UNIT-I: Introduction8 Hours


i. Meaning and definition of Public Law
ii. Concept of Public Law
iii. Globalisation of Comparative Public Law

UNIT- II: Tools of Comparative Public Law 7 Hours


i. Constitutional Law - Common Law, Civil Law
ii. Legislative Mechanism - Common Law, Civil Law
iii. Typology of Federalism - USA, India

UNIT- III: Public Interest Litigation - US, India 7 Hours


i. Locus standi
ii. Judicial Activism
iii. Judicial Accountability

UNIT- IV: Comparative Criminal Law - Common law, Civil law 7 Hours
i. Domestic Violations - International, National
ii. Provisions relating to Rape
iii. Plea Bargaining - US A, India
iv. White Collar Crimes
v. Juvenile Justice

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UNIT- V: Ombudsman 7 Hours


i. Ombudsman in Scandinavian countries
ii. International Scenario - Common law and Civil law
iii. Indian Scenario
iv. Lokpal (Ombudsman)
v. Lokayukta

BIBLIOGRAPHY/REFERENCES
1. H. W. Wade - Administrative Law,
2. DeSmith - Judicial Review of Administrative Action.
3. Garner - Administrative Law.
4. D. D. Basu - Comparative Administrative Law.
5. Wade and Philips - Constitutional Law
6. Dicey - Introduction to Law of the Constitution.
7. Hood Philips - Constitutional Law and Administrative Law.
8. M. P. Jain, S. N. Jain - Principles of Administrative Law.
9. M. P. Jain - The Evolving Indian Administrative Law.
10. B, Schwartz - An Introduction to American Administrative Law.
11. K. S. Shukla and S. S. Singh - Lokayukta- A socio legal study.
12. Ivor Jennings - Law and the Constitution.
13. Neville L. Brown and J. F. Garner - French Administrative Law.
14. Peter H. Schuck - Foundations of Administrative Law.
15. P. P. Craig - Administrative Law.
16. Alex Carol - Constitution and Administrative Law.

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-I
SYLLABUS
LAW AND JUSTICE IN A GLOBALIZING WORLD (LPG-103)

L:T:P:: 3:1:0 Credits-3

Objectives- The main objective of the course is to enable students to understand and seek solutions to pressing
problems in the domain of global justice. By the end of the term, students are expected to have become familiar
with the multiple dimensions of the theoretical literature and be able to critically evaluate the liberal, republican,
and discursive democratic attempts to make sense of, and to ameliorate, prevailing instances of injustice in the
world. This will be imparted through theoretical and philosophical debates advanced by various scholars and the
institutional mechanism that need to be accelerated to achieve the objectives ofglobal justice.

Learning Outcomes:
i. Multiple strata at which law, justice and society interest.
ii. The process of globalization; and
iii. The implications of globalization on law and legal theory.

UNIT- I: Introduction 8 Hours


i. Meaning and significance of Globalization
ii. Concept of Global Justice
iii. Global Justice and Right to Development

UNIT- II: Theoretical Prepositions of Global Justice 7 Hours


i. Realism
ii. Particularism
iii. Nationalism
iv. Cosmopolitanism

UNIT- III:Historical and Central Challenges to Global Justice 7 Hours


i. Global Poverty- Role of International Mechanism
ii. Armed Conflict
iii. Nationalist practices
iv. Crimes against Humanity
v. Environment and Health
vi. Oppressive Policies- Threat of Terrorism, Global Politics

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UNIT- IV: Role and Reformation of Global Institutions 7 Hours


i. States, sovereignty and Transnational Law
ii. Economic and Trade Institutions-MNC's
iii. Structural reforms of United Nations-Security Council
iv. International Judicial Institutions

UNIT- V: Models to Achieve Global Justice 7 Hours


i. Social Contract and Social Justice
ii. Sarvodaya Model of Justice
iii. Multi Culturalism and Cosmopolitanism
iv. Significance of Human Rights Education
v. Global Justice and Global Rule of Law

SUGGUSTED READINGS
1. Springer: Encyclopedia of Global Justice 2012
2. Brian Barry, Culture and Equality. Cambridge: Polity, 2001!
3. Duncan Bell (ed.) Ethics and World Politics. Oxford 2010.
4. Allen Buchanan. Justice, Legitimacy, and Self-determination: Moral Foundations for International Law.
Oxford 2004.
5. Simon Caney, Justice Beyond Borders.Oxford:, 2005
6. Martha Nussbaum, Frontiers of Justice. Cambridge, Mass:Harvard University Press.
7. Thomas Pogge, World Poverty and Human Rights.Cambridge: Polity, 2002.
8. John Rawls, the Law of Peoples. Cambridge, Mass.: Harvard University Press, 1999
9. Amartya Sen, Development as Freedom. Oxford: 1999
10. AmartyaSen: Global Justice.

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SEMESTER-I
SYLLABUS

PUBLIC INTERNATIONALLAW (LPG 171)

L:T:P:: 2:1:0 Credits-2

OBJECTIVE: This paper intends to make the students of law understand the basics of
PublicInternationalLawandpractice.Thestudentsshallattheendofthecoursestudentsshallbeabletoknowofthedevelo
pmentofinternationallawanditsjurisprudenceatinternationalandnational level.

COURSE LEARNING OUTCOMES: After studying learner will-

 Understand the meaning of international law


 Will be able to make difference in international law and municipal law.
 Will be able to analyze different types of internationalorganizations.
 Understand and will be able to make difference between Territorial Sea, Contiguous Zone, Continental
Shelf& Exclusive Economic Zone, and High Seas.

UNIT--I: INTRODUCTION 5 Hours


i. Definition & Scope of International Law.
ii. International Law is a Weak Law.
iii. SubjectsofInternationalLaw.
iv. Differences between Public & Private International Law.
v. IAEA

UNIT -II: Subjects of International law 5 Hours


i. Status of International Organizations.
ii. The United Nations & its Organs.
iii. Place of Individuals in International Law.
a) -Holder of Rights.
b) -Duties of Individuals.
c) -Procedural Capacity of Individuals.
iv. Relationship between International Law & Municipal Law.

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UNIT -III:Sources of International Law 5 Hours


i. International Customs.
ii. International Treaties.
iii. Judicial Decisions & Juristic Works.
iv. Resolutions of General Assembly.
v. General Principles of Law.

UNIT -IV:Recognition, Law of the Sea 5 Hours


i. Meaning & Theories of Recognition.
ii. De Facto & De Jure Recognition.
iii. Express, Implied & Conditional Recognition.
iv. Withdrawal & Retroactivity of Recognition.
v. Territorial Sea, Contiguous Zone, Continental Shelf& Exclusive Economic Zone, High Seas.

UNIT -V:Extradition, Asylum, international organization 4 Hours


i. Meaning definition and basic principle of extradition.
ii. Meaning and definition of asylum.
iii. Types of asylums; territorial &non-territorial.
iv. Relationship between extradition and asylum.
v. The International Court of Justice.
vi. ICJ
vii. IMF& IBRD
viii. WTO
ix. UNEP

RECOMMENDED READINGS

1. Brownlie---PrinciplesofInternationalLaw.
2. Shaw---international law.
3. Starke--- IntroductiontoInternationalLaw.
4. Oppenheim---InternationalLaw.
5. Grieg---InternationalLaw.
6. R.C.Hingorani---ModernHingorani.
7. H.O.Agarwal---International law.
8. Bowett---The LawofInternational Bodies.
9. S.K.Verma---AnIntroductiontoPublicInternationalLaw

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SEMESTER-I
SYLLABUS
INTERNATIONAL ECONOMIC LAW (LPG 172)

L:T:P:: 2:1:0 Credits-2

OBJECTIVE - The objective of the course is to provide an overview of the content, meaning
and application of international economic law.

Learning Outcomes:

i. In the society wherein all major ventures are getting corporatized, a law student
should acquaint himself with the knowledge of special contracts apart from equipping
himself with general principles of contract.

ii. Set out a range of subject specific, cognitive and transferable skills

iii. This course equips the students to better appreciate the legal services required in a
corporate
iv. office so that he can enhance his relevance as a lawyer in society.

UNIT -I 5 Hours

i. Definition, Scope and History of International Economic Law with specific focus on
theoretical framework.
ii. Concept of sovereignty in International Economic Relations.
iii. Globalization, International Economic Law and India

UNIT – II 5 Hours

i. Permanent Sovereignty over Natural Resources (PSNR).


ii. New International Economic Order (NIEO);
iii. Charter of Economic Rights and Duties: United Nations Conference on Trade and
Development (UNCTAD); Approach of India.

UNIT –III 5 Hours

i. Evolution of General Agreement on Trade and Tariffs (GATT),


ii. World Trade Organization (WTO); Structures, Principles and Working of WTO; India
and WTO.
iii. International Economic Institutions: An Overview, Evolution and History, Role and
Participation of India

UNIT –IV 5 Hours

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i. International Monetary Fund (IMF) and International Bank for Reconstruction and
Development (IBRD) Structure and Functions.
ii. Impact on Developing Countries with specific focus on India.
iii. Right to Development and Developing Countries.

UNIT -V 4 Hours

i. United Nations Commission on International Trade Law (UNCIRAL); Structure and


Functions.
ii. Brief Survey of International Conventions adopted by UNCITRAL.
iii. Dispute Settlement and Conflict Resolution; International Commercial Arbitration
and Alternative Modes of Resolving Disputes; Negotiation, Mediation, Conciliation,
Arbitration and Adjudication.

SUGGESTED READINGS

1. Mitsuo Matsushita, Thomas J. Schoenbaum and Petros C. Mavroidis, The World Trade
Organization: Law, Practice and Policy (Oxford University Press:2006).

2. Simon Lester, Bryan Mercurio, Arwel Davies and Kara Leitner, World Trade Law: Text,
Materials and Commentary (Hart Publishing House: 2008)

3. Bernard Hoekman and Michel Kostecki, The Political Economy of the World Trading
System (Oxford: Oxford University Press, 2005)

4. John H. Jackson, The World Trading System: Law and Policy of International Economic
Relations, 2d edition (Cambridge: MIT Press, 1997).

5. Anand R.P. New States and International Law, (Vikas Publishing Hosue: Delhi:1972);

6. Anghie, Antony, B.S.Chimni, Karen Mickelson and Obiora Okafor (eds.) The Third World
and International Legal Order: Law, Politics and Globalization (Kluwer Law International,
2003)

7. Koul, A. K., ―Developing Countries in the GATT/WTO — Their Obligations and the
Law‖, Indian Journal of International Law, 2004, vol.44, pp.451-487.

8. Kenneth W. Dam, The GATT: Law and International Economic Organization (Chicago:
University of Chicago Press, 1970).

9. Christper Arup, The New World Trade Organisation Agreements (Cambridge University
Press:2000).

10. Robert E. Hudec, The GATT Legal System and World Trade Diplomacy (Salem, New
Hampshire: Butterworth, 2d edition, 1990).

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11. Baxi, Upendra, ―The New International Economic Order, Basic Needs and Rights: Notes
towards Development of the Right to Development‖ Indian Journal of International Law,
1983, vol. 23, p.225.

12. Chaturvedi, Sachin and S. K. Mohanty, ―The WTO and Trade in Electronically Delivered
Software: Emerging Challenges and Policy Options – An Indian Perspective‖, Journal of
World Trade, 2008, vol.42, no.5, pp.927-951.

13. Chimni B. S., ―The World Trade Organization, Democracy and Development: A View
from South‖, Journal of World Trade, 2006, vol.40, no.1, pp.5-36.

14. Gopalan, Sandeep, ―Transitional Commercial Law: The Way Forward‖, American
University International Law Review, 2003, vol.18, no.4, pp.803-849. 5 5

15. Hegde V.G, ―Intellectual Property Rights: National and International Legal Aspects
Relating to Patenting of Life Forms‖, Indian Journal of International Law, 1998 vol.38, no.1,
p.28.

16. Mattoo, Aaditya and Arvind Subramanian, ―The WTO and the Poorest Countries: The
Stark Reality‖, World Trade Review, 2004 November, vol.3, no.3, pp.385-407.

17. Rao Pemmaraju Sreenivasa, ―The Role of Soft Law in the Development of International
Law: Some Random Notes‖, in Fifty Years of AALCO: Commemorative Essays in
International Law, Asian-African Legal Consultative Organization, New Delhi 2007.

18. Sornarajah. M, The International Law on Foreign Investment (Cambridge: Cambridge


University Press, 2010).

19. Subedi, Surya P. International Investment Law: Reconciling Policy and Principle (Hart
Publishing House: Oxford: 2008)

20. Watal, Jayashree, Intellectual Property Rights in the WTO and Developing Countries
(London: Kluwer Law International, 2001).

21. UNCTAD, The Outcome of the Uruguay Round: An Initial Assessment (Geneva:
UNCTAD, 1994), 41-105, 205-219

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SEMESTER II

SYLLABUS

PRIVATE INTERNATIONAL LAW/ CONFLICT OF LAWS(LPG 273)

L:T:P:: 2:1:0 Credits-2

OBJECTIVE - In this course, it is also focused to put stress on Indian Private International
Law while comparing it with English private international law. As our law in this regard is
still young, we are following mostly English principles only in a few conflict cases. Now our
courts have occasions to evolve our own private international law principles.

Learning Outcomes:

i. In the society wherein all major ventures are getting corporatized, a law student
should acquaint himself with the knowledge of special contracts apart from equipping
himself with general principles of contract.

ii. Set out a range of subject specific, cognitive and transferable skills

iii. This course equips the students to better appreciate the legal services required in a
corporate
iv. office so that he can enhance his relevance as a lawyer in society.

UNIT – I: Introduction 5 Hours

i. Nature and Scope of Private International Law


ii. Public International law and Private International law
iii. Range and Difficulty of the subject
iv. Bases of conflict of laws
v. Functions &Unification of Private International law

UNIT – II: Preliminary Topics 5 Hours

i. Classification or Characterisation of the cause of action and rule of law


ii. Incidental Question and Depecage
iii. Renvoi/Foreign Court Theory
iv. Substance and Procedure (a) Limitation (b) Parties etc.
v. Proof &Exclusion of Foreign law
vi. Domicile, Nationality and Residency (English and Indian law)
vii.

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UNIT – III: Jurisdiction of Courts and Foreign Judgements 5 Hours

i. Jurisdiction of English Courts under Traditional rules


ii. Jurisdiction under the New rules
iii. Prevention of Forum Shopping - Stays and Injunctions
iv. Jurisdiction of Courts-Indian law
v. Recognition and Enforcement of Foreign Judgements
vi. Recognition and enforcement at Common Law
vii. EC and EFTA Judgements
viii. Recognition and enforcement within UK
ix. Enforcement, Execution and Effect of Foreign Judgements-Indian law (statutory
provisions and judicial response), Foreign awards

UNIT – IV: Law of Obligations (Contracts and Torts) 5 Hours

i. Choice of law in Contract–(a) Proper law Doctrine (b) Hague principles (c) Rome
convention (d) Exclusion of Renvoi (e) Applicable law chosen by parties (f)
Applicable law in the absence of choice (g) Consumer and individual contracts of
employment (h) Particular aspects of the contract: Material validity and Formal
validity (i) Remedies and Damages
ii. Choice of law in Torts (a) Rules under common law (b) Statutory Reform (c) Reliefs

UNIT – V: Family Law & Law of Property 4 Hours

i. Marriage and Matrimonial Relieves (English and Indian law) (a) Concept of Marriage
(b) Formal and essential validity (c) Presumption of Marriage (d) Divorce and
matrimonial reliefs (e) Statutory provisions (India) (f) Jurisdiction (g) Maintenance
under Indian law
ii. Conflict of laws Rules relating to Children (English and Indian law) (a) Legitimacy
and Legitimation (b) Adoption (c) Guardianship
iii. Movables and Immovable and Intangible properties
iv. Lex situs rule
v. Matrimonial property applicable law
vi. Validity of assignment-contractual questions

REFERENCE BOOKS

1. Cheshire, Private International law


2. J.H.C. Morris, The Conflict of Laws
3.AblajMayss, (Lecture notes) Conflict of Laws
4. Dicey, Conflict of laws
5. AtulSetalwad, Conflict of Laws
6. Paras Diwan, Private International Law

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SEMESTER II

SYLLABUS

AIR & SPACE LAW(LPG 274)

L:T:P:: 2:1:0 Credits-2)

OBJECTIVE - Human‘s advent into space has been one the greatest achievements of
humankind. Wherever humans go, the law follows, and outer space is no exception. The main
objective of this Course is to explore the laws and regulations governing outer space activities
of humans, corporations, organisations etc.

Learning Outcomes:

i. In the society wherein all major ventures are getting corporatized, a law student
should acquaint himself with the knowledge of special contracts apart from equipping
himself with general principles of contract.

ii. Set out a range of subject specific, cognitive and transferable skills

iii. This course equips the students to better appreciate the legal services required in a
corporateoffice so that he can enhance his relevance as a lawyer in society.

UNIT – I: Introduction & Fundamentals of Air Law 5 Hours

i. Definition, Nature, Scope and Sources of Air Law


ii. Origin & Development of Aviation Law in USA, UK, EU & India
iii. Basic Principles of Air Law
iv. Conventions relating to Aerial Navigation
v. International Civil Aviation Organization (ICAO)
vi. Chicago Convention and the Fundamental Principles
vii. Carriers‘ Liability under the Warsaw Convention
viii. Domestic Air Law
ix. Development of International Legal Regime

UNIT – II: Aviation Liability and Law on Air Transport 5 Hours

i. Product Liability in Aviation


ii. Liability Insurance in Aviation
iii. Liability for Damage Caused on Surface and During Collisions
iv. Carrier Liability
v. Law on Air Transport

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UNIT – III: Aviation Law on Safety and Security 5 Hours

i. Legal Regime Governing Crimes on Board Aircrafts


ii. Aircraft Hijacking
iii. Security Regulations
iv. Regulations in India
v. New Development in Air Law

UNIT – IV: Introduction to Space Law 5 Hours

i. Nature, Definition & Scope of Space Law


ii. Development of the Space Law
iii. Space Treaties
iv. International and Inter-Governmental Organizations

UNIT – V: Space Law and Other Regulatory Issues 4 Hours

i. Liability and Registration


ii. System of Financing Outer Space Activities
iii. National Space Legislation
iv. Current Development in Space Law
v. Emerging Issues of Space Settlements & Property Rights

RECOMMENDED READINGS:

1. Allan I. Mendelsohn, ―The Warsaw Convention and Where We Are Today‖, 62 Journal of
Air Law and Commerce 1071-1082 (1996-1997).

2. Andre Kaftal, ―The Problem of Liability for Damages Caused by Aircraft on the Surface‖,
V (3) Journal of Air Law 347-409 (1934).

3. Anthony J. Ortner, ―Sonic Boom: Containment or Confrontation‖, 34 Journal of Air Law


and Commerce 208-222 (1968).

4. Bin Cheng, Studies in International Space Law (Clarendon Press, Oxford, 1997).

5. Chia-Jui-Cheng and Doo Hwan Kim, The Utilization of the World‘s Airspace and Free
Outer Space in the 21st Century (Kluwer Law International, Hague, 2000).

6. Donald M. Haskell, ―The Aircraft Manufacturer‘s Liability for Design and Punitive
Damages-The Insurance Policy and the Public Policy‖, 40 Journal of Air Law and Commerce
595-635 (1974).

7. Douglas A. Harrison, ―Aviation ‗Crashworthiness‘: An Extrapolation in Warranty, Strict


Liability and Negligence‖, 39 Journal of Air Law and Commerce 415-432 (1973).

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8. E. Howard Osterhout, ―The Doctrine of Res Ipsa Loquitur as Applied to Aviation‖, 2 Air
Law Review 9-28 (1931).

9. ElmarGiemulla, et al., Montreal Convention (Wolters Kluwer, Netherlands, 2010).

10. Eugene Pepin, ―ICAO and Other Agencies Dealing with Air Regulation‖, 19 Journal of
Air Law and Commerce 152-165 (1952).

11. Frederick B. Lacey, ―Recent Developments in the Warsaw Convention‖, 33 Journal of


Air Law and Commerce 385-401(1967).

12. George N. Tompkins, Jr., Liability Rules Applicable to International Air Transportation
as Developed by the Courts in the United States (Wolters Kluwer, Netherlands, 2010).

13. Guy H. Riddle, ―Aviation Insurance Coverage Issues: Beware the Renter Pilot‖, 70
Journal of Air Law and Commerce 407-428 (2005).

14. I. H. Ph. Diederiks-Verschoor, An Introduction to Space Law (Kluwer Law International,


Hague, 2008).

15. I. H. Ph. Diederiks-Verschoor, An Introduction to Air Law (Kluwer Law International,


Netherlands, 2006).

16. J. C. Batra, ―Modernization of the Warsaw System - Montreal 1999‖, 65 Journal of Air
Law and Commerce 429-444 (1999-2000).

17. J. C. Batra, International Air Law (Reliance Publishing House, New Delhi, 2003).

18. J. G. Gazdik, ―Nationality of Aircraft and Nationality of Airlines as Means of Control in


International Air Transportation‖, 25(1) Journal of Air Law and Commerce 1-7 (1958).

19. Lawrence B. Goldhirsch, The Warsaw Convention Annotated: A Legal Hand Book,
(Kluwer Law International, Hague, 2000).

20. Lord McNair, The Law of the Air (Stevens & Sons, London, 1964).

21. Mairin K. North, ―Current State of the Law in Aircraft Noise Pollution Control‖, 43
Journal of Air Law and Commerce 799-822 (1977).

22. NandasiriJasentuliyana (ed.), Space Law-Development and Scope (Praeger, London,


1992).

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SEMESTER II

SYLLABUS

LAWS OF INTERNATIONAL ORGANISATIONS (LPG -275)

L:T:P:: 2:1:0 Credits-2)

OBJECTIVE - The objective of this course is to understand and analyse the growth and
development of International Organizations (IOs). It provides the ways how these
organizations have contributed to the growth and development of international law relevant
for the purposes of regulating and facilitating the inter-state relations of member countries.
This course also focuses on important basic aspects of international organizations such as
powers, functions, privileges, immunities and responsibilities of international organizations.

Learning Outcomes:

i. Demonstrate knowledge and understanding of the international human rights framework, its
origins and justifying theories;
ii. Demonstrate capacity to assess how specific human rights may be asserted, enforced or
violated;
iii. Critically evaluate the relationship between international and domestic law on human
rights;

UNIT – I: Development of Inter National Organisations 5 Hours

i. Development of international organisations in historical perspective


ii. Establishment of international organisations:
iii. Rationale Critical approaches to IOs: TWAIL, feminist perspective, and Marxist
perspective
iv. India and international organisations

UNIT – II: Concepts, Powers and Responsibility 5 Hours

i. Definition
ii. Classification of international organisations
iii. Legal personality
iv. Powers—express, implied and inherent
v. Responsibility
vi. Immunities and privileges

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UNIT –III: International Organizations and Formation Ofinternational Law

5 Hours

i. IOs and making of treaties


ii. IOs and creation of customary international law

UNIT – IV: United Nations: Institutional Structure and Functions 5 Hours

i. Institutional structure of the UN


ii. UN reforms
iii. Functions—regulation of use of force and international peace and security (UNGA,
UNSC-Ch VI & VII)
iv. UN Peacekeeping Operation

UNIT – V: International Judicial Institutions 4 Hours

i. International Court of Justice


ii. International Criminal Court

SUGGESTED READINGS

1. C.F. Amersinghe, Principles of the Institutional Law of International Organisations


(Cambridge University Press, 2005) Jan Klabbers,
2. An Introduction to International Organizations Law (Cambridge University Press, 3rd
edn, 2015).
3. Paul Kennedy, Parliament of Man: The Past, Present and Future of the United Nations
(Vintage: 2006)
4. Phillipe Sands QC and Pierre Klein, Bowett: Law of International Institutions (6th
edn, Sweet & Maxwell 2015).
5. Simon Chesterman, Thomas Franck and David M. Malone, Law and Practice of
United Nations (Oxford University Press, 2008

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SEMESTER II

SYLLABUS

INTERNATIONAL HUMANITARIAN LAW (LPG- 276)

L:T:P:: 2:1:0 Credits-2)

OBJECTIVES:

It deals with Humanitarian Law and consists of five topics; its aim remains on the
development of International Humanitarian law and the protection of victims of armed
conflict. Further, it discusses the rules on the legality of warfare (jus ad bellum), but the main
emphasis is on the rules that are to be followed when the armed conflict is going on (jus in
bello). Apart from this, an analysis of the jurisprudence developed by the international
criminal tribunal leading to the development of principles of IHL and its ability to cope up
with upcoming challenges has been undertaken. International instruments relating to the
status of refugees including the United Nations 1951 Refugee Convention, the 197 Protocol
and the UN High Commission for Refugees (UNHCR). This apart, an analysis of the standard
treatment of refugees in India and the role of National Human Rights Commission and
Judiciary in interpreting and protecting the rights of refugee in India has been discussed.

OUTCOMES:

1. To understand the Armed Conflict.


2. To analysis the Refugee legal issue.
3. To Evaluate the basic principle, need to follow during war

UNIT -1: Introduction to Humanitarian Law 5 Hours


i. Introduction
ii. Nature, Basic Principles
iii. Historical Development since 1899
1. Origin and Development of International Humanitarian Law
2. Geneva Conventions and Additional Protocols
3. Meaning of ―armed conflict‖ – Common Article 24.

UNIT- 2: Protection of Victim of War 5 Hours


i. Wounded, Sick,
ii. Shipwrecked
iii. Prisoners of War

UNIT- 3:Protections of Refugees under 1951 Convention 5 Hours


i. Rights and Duties of Refugees

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ii. Welfare measures for Refugees


iii. Administrative measures for the benefits of Refugee

UNIT- 4:Solution to Refugee’s Problem 5 Hours


i. Burden Sharing
ii. Extradition of Refugee
iii. Voluntary Repatriation
iv. Naturalization
v. Re-settlement in Third Country

UNIT- 5: Refugee Protection in India 5 Hours


i. Constitution of India
ii. Registration of Foreigners Act, 1939, the Foreigners Act, 1946, and the Foreigners
Order, 1948
iii. Role of National Human Rights Commission (NHRC)
iv. Judicial decisions interpreting rights of refugees in India
v. India‘s Position regarding 1951 Convention on Refugees

SUGGESTED READING
1. B. S. Chimni, International Refugee Law: A Reader (Sage India, 2000)
2. ShuvroProsunSarker, Refugee Law in India: The Road from Ambiguity to Protection
(Palgrave Macmillan)
3. Manoj Kumar Sinha, Handbook of legal Instruments on International Human Rights and
Refugee Laws (Lexis Nexis)
4. B. S. Chimni, International Refugee Law (A Reader, 2000) 5. S Sri Krishna, Refugee and
Human Rights (Serial Publications, 2009)

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ONE YEAR LL.M SYLLABUS


ENVIRONMENTAL LAW AND POLICY

FIRST SEMESTER

COMPULSORY PAPERS

i. Research Methods and Legal Writing


ii. Comparative Public Law
iii. Law and Justice in a Globalizing world

OPTIONAL PAPERS

i. Environmental Jurisprudence
ii. Hazardous Waste and Law

SECOND SEMESTER

i. Biodiversity and Law


ii. Law and Sustainable Development
iii. Global environment law and climate change
iv. Environmental Justice
v. Dissertation

The examination, evaluation and other norms of improvement of grades will be governed as
per the norms of the credit system of the University Departments.

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SEMESTER-I
SYLLABUS
RESEARCH METHODS AND LEGAL WRITING (LPG-101)

L:T:P:: 3:1:0 Credits-3

OBJECTIVES-The main objective of this course is to acquaint the student of law with the
scientific method of social science research. This course is expected to provide knowledge of
the technique of selection, collection and interpretation of primary and secondary data in
socio-legal research. Emphasis would be laid on practical training in conducting research in
this course. They should be able to design and execute small-scale research problems. The
practical skill in conducting research will be evaluated on their performance in field research
and workshops/seminars.

Learning Outcomes:
i. Recognise primary and secondary sources of legal research material.
ii. Use and apply secondary sources, case law and legislation using both paper based and
online resources to a research problem.
iii. Develop correct research strategies to critically evaluate the relevance, quality,
authority and currency of the research materials.

UNIT- I: Introduction 8 Hours


i. The science of research and scientific methodology.
ii. Interrelation between speculation, fact and theory building-some fallacies of scientific
methodology with reference to socio-legal research.
iii. Inter-disciplinary research and legal research models.
iv. Armchair hair research vis-a-visempirical research.
v. Legal research-common law and civil law legal systems

UNIT- II: Research Design 7 Hours


i. Workable Hypothesis-formulation and evaluation.
ii. Major steps in research design

UNIT-III: Research Techniques 7 Hours


i. Sampling
ii. Survey and Case Study method
iii. Scaling and Content Analysis

UNIT- IV: Research Tools and Data Processing 7 Hours


i. Observation
ii. Interview and schedule
iii. Questionnaire
iv. Socio-metrics and jurimetrics
v. Data processing (deductions and Inductions) analysis and interpretation of data

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UNIT- V: Legal writing 7 Hours


i. Report/article writing in legal research
ii. Use of definitions, maxims, concepts, principles, doctrines in legal research
iii. Citation methodology
iv. Book review and case comments

BIBLIOGRAPHY/REFERENCES
1. Robert Watt- Concise book on Legal Research
2. Ram Ahuja-Research Method
3. Good and Hatt- Research Methodology
4. Pauline Young- Research Methodology
5. Earl Babbie- Research Methodology
6. AnwarulYaqin-Legal Research Methodology
7. Wilkinson Bhandarkar-Research Methodology
8. SelltisJohoda-Research Methodology
9. Stott D.-Legal Research
10.Robert Watt and Francis Johns- Concise Legal Research

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SEMESTER-I
SYLLABUS
COMPARATIVE PUBLIC LAW (LPG-102)

L:T:P:: 3:1:0 Credits-3

OBJECTIVE- This paper focuses on analytical and theoretical scrutiny of Public


Administrative Law, Constitutional Law and Criminal Law and its component in a
comparative manner to enable the students and develop amongst them a proper understanding
of the subject.

Learning Outcomes:

i. Understand the similarities and differences between leading (Western) constitutional


traditions in key areas (sovereignty, separation of powers etc.).
ii. Have an improved understanding of their own legal system.

Understand how the States studied have developed and applied constitutional principles,
especially in the light of processes of globalization and democratization

UNIT-I: Introduction 8 Hours


i. Meaning and definition of Public Law
ii. Concept of Public Law
iii. Globalisation of Comparative Public Law

UNIT- II: Tools of Comparative Public Law 7 Hours


i. Constitutional Law - Common Law, Civil Law
ii. Legislative Mechanism - Common Law, Civil Law
iii. Typology of Federalism - USA, India

UNIT- III: Public Interest Litigation - US, India 7 Hours


i. Locus standi
ii. Judicial Activism
iii. Judicial Accountability

UNIT- IV: Comparative Criminal Law - Common law, Civil law 7 Hours
i. Domestic Violations - International, National
ii. Provisions relating to Rape
iii. Plea Bargaining - US A, India
iv. White Collar Crimes
v. Juvenile Justice

UNIT- V: Ombudsman 7 Hours


i. Ombudsman in Scandinavian countries

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ii. International Scenario - Common law and Civil law


iii. Indian Scenario
iv. Lokpal (Ombudsman)
v. Lokayukta

BIBLIOGRAPHY/REFERENCES
1. H. W. Wade - Administrative Law,
2. DeSmith - Judicial Review of Administrative Action.
3. Garner - Administrative Law.
4. D. D. Basu - Comparative Administrative Law.
5. Wade and Philips - Constitutional Law
6. Dicey - Introduction to Law of the Constitution.
7. Hood Philips - Constitutional Law and Adminstrative Law.
8. M. P. Jain, S. N. Jain - Principles of Administrative Law.
9. M. P. Jain - The Evolving Indian Administrative Law.
10. B, Schwartz - An Introduction to American Administrative Law.
11. K. S. Shukla and S. S. Singh - Lokayukta- A socio legal study.
12. Ivor Jennings - Law and the Constitution.
13. Neville L. Brown and J. F. Garner - French Administrative Law.
14. Peter H. Schuck - Foundations of Administrative Law.
15. P. P. Craig - Administrative Law.
16. Alex Carol - Constitution and Administrative Law.

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SEMESTER I
SYLLABUS
LAW AND JUSTICE IN A GLOBALIZING WORLD (LPG-103)

L:T:P:: 3:1:0 Credits-3

Objectives- The main objective of the course is to enable students to understand and seek
solutions to pressing problems in the domain of global justice. By the end of the term,
students are expected to have become familiar with the multiple dimensions of the theoretical
literature and be able to critically evaluate the liberal, republican, and discursive democratic
attempts to make sense of, and to ameliorate, prevailing instances of injustice in the world.
This will be imparted through theoretical and philosophical debates advanced by various
scholars and the institutional mechanism that need to be accelerated to achieve the objectives
ofglobal justice.

Learning Outcomes:

i. Multiple strata at which law, justice and society interest.


ii. The process of globalization; and
iii. The implications of globalization on law and legal theory.

UNIT- I: Introduction 8 Hours


i. Meaning and significance of Globalization
ii. Concept of Global Justice
iii. Global Justice and Right to Development

UNIT- II: Theoretical Prepositions of Global Justice 7 Hours


i. Realism
ii. Particularism
iii. Nationalism
iv. Cosmopolitanism

UNIT- III:Historical and Central Challenges to Global Justice 7 Hours


i. Global Poverty- Role of International Mechanism
ii. Armed Conflict
iii. Nationalist practices
iv. Crimes against Humanity
v. Environment and Health
vi. Oppressive Policies- Threat of Terrorism, Global Politics

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UNIT- IV: Role and Reformation of Global Institutions 7 Hours


i. States, sovereignty and Transnational Law
ii. Economic and Trade Institutions-MNC's
iii. Structural reforms of United Nations-Security Council
iv. International Judicial Institutions

UNIT- V: Models to Achieve Global Justice 7 Hours


i. Social Contract and Social Justice
ii. Sarvodaya Model of Justice
iii. Multi Culturalism and Cosmopolitanism
iv. Significance of Human Rights Education
v. Global Justice and Global Rule of Law

BIBLIOGRAPHY/REFERENCES
1. Springer: Encyclopaedia of Global Justice 2012
2. Brian Barry, Culture and Equality. Cambridge: Polity, 2001!
3. Duncan Bell (ed.) Ethics and World Politics. Oxford 2010.
4. Allen Buchanan. Justice, Legitimacy, and Self-determination: Moral Foundations for
International Law. Oxford 2004.
5. Simon Caney, Justice Beyond Borders.Oxford: 2005
6. Martha Nussbaum, Frontiers of Justice. Cambridge, Mass: Harvard University
Press.
7. Thomas Pogge, World Poverty and Human Rights. Cambridge: Polity, 2002.
8. John Rawls, the Law of Peoples. Cambridge, Mass.: Harvard University Press, 1999
9. Amartya Sen, Development as Freedom. Oxford: 1999
10. Amartya Sen: Global Justice

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SEMESTER I
SYLLABUS
ENVIRONMENTAL JURISPRUDENCE (LL.M 118)

L:T:P:: 2:1:0 Credits-2

OBJECTIVE- Environmental Jurisprudence‘s highest achievement is its codificationofa


change in ethicsand a legal recognition that both individual and governmental agency
responsibility extends to the natural world. This articleprovidesan overviewof Environmental
Jurisprudenceasit relatesto environmentalethics. It examines boththe foundation of
Environmental Jurisprudence as well as the conceptof human rights. The article also critically
discusses international environmental law from the perspective of human rights. This
research concludes by arguing that despite the attempt made in the international regime for
adding eco-centricvaluesinenvironmentally, environmentaljurisprudenceto datehascontinued
with anthropocentric ideas with all concerns for safeguarding the means of human survival.

Learning Outcomes:

i. Analyze advanced and integrated understanding of the complex body of knowledge in


the fieldof environmental law
ii. Develop the capacity to identify new law and apply existing law in the rapidly
evolving legalcontext for environmental law
iii. Understand in depth knowledge of the specialist area of environmental law and
associateddisciplinary areas
iv. Determine and analyse the different causes of pollution and legal remedies to control
it on national level.

UNIT 1: International Environmental Law 5 Hours

Development of international environmental law, nature and scope of key international


environmental law principles and rights (substantive and procedural) U.N. Conference on
Human Environment, 1972 – Stockholm Principles, Establishment of Environmental
Institutions like UNEP, World Charter for Nature, 1982; Ozone Protection – Montreal
Protocol for the Protection of Ozone Layer, 1987 as amended; U.N. Conference on
Environment and Development, 1992 – Rio Principles; U.N. Convention on Biological
Diversity, 1992; Cartagena Protocol on Biosafety, 2000; U.N. Convention on Climate
Change1992, Kyoto Protocol, 1997; Forest Principles; Agenda 21; Human Right to Healthy
Environment; Convention on Access to Information, Public Participation in Decision-making
and Access to Justice in Environmental Matters, 1998 (Aarhus Convention); Johannesburg
Conference, 2002; Rio+20-United Nations Conference on Sustainable Development, Paris
Agreement, 2015

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UNIT 2: Fundamental Principles of Environmental Protection 5 Hours


Development v. Environment; Sustainable Development-Inter-generational and Inter-
generational Equity; Precautionary Principle; Polluter Pays Principle; Public Trust Doctrine;
Community rights

UNIT 3: Constitutional Perspective 5 Hours


Fundamental Rights – Article 14 (Right to equality, non-arbitrary and non-discriminatory
treatment), Article 19(1)(g) (Freedom to carry on trade or business), Article 21 (Right to life,
livelihood and wholesome environment) and Article 32 (Right to Constitutional remedies);
Directive Principles of State Policy – Article 47, 48-A; Fundamental Duty – Article 51-A(g);
Article 226 (Powers of High Courts); Public Interest Litigation – Nature – Non-Adversarial,
Collaborative, Co-operative and Investigative; Locus Standi – Pro Bono Publico;
Representative Standing; Citizens‘ Standing

UNIT 4: Prevention and Control of Water and Air Pollution 5 Hours


The Water (Prevention and Control of Pollution) Act, 1974 – Water Pollution – Meaning;
Central and State Pollution Control Boards –Constitution, Powers and Functions; Water
Pollution Control Areas; Samples of Effluents – Procedure; Consent Requirement –
Procedure, Grant/Refusal, Withdrawal, Review, Appeals, Revision; Restraint Order; Citizen
Suit Provision; Off ences and Penalties; The Water Cess (Prevention and Control of
Pollution) Act, 1977

The Air (Prevention and Control of Pollution) Act, 1981- Air Pollution – Meaning, Causes
and Eff ects; Central and State Pollution Control Boards – Functions; Air Pollution Control
Area; Consent Requirement – Procedure, Grant/Refusal, Withdrawal; Restraint Orders;
Citizen Suits; Noise Pollution (Regulation and Control) Rules, 2000; Off ences/Penalties;
Vehicular pollution

UNIT 5: Environmental Protection 4 Hours


The Environment (Protection) Act, 1986 – Aims and Objects; Meaning of ―Environment‖
and ―Environmental Pollutant‖; Powers and Functions of the Central Government;
Environment Authority – Constitution; Delegation of Powers; Off ences/Penalties;
Eff ectiveness of the Act; Environmental Impact Assessment, 2006; Environmental Audit; the
law relating to hazardous substance and activities —issues of liability

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Books

 Philippe Sands and Jacqueline Peel, Principles of International Environmental Law (4th
ed., 2018).
 Shibani Ghosh ed., Indian Environmental Law: Key Concepts and Principles (2019).
 GeetanjoySahu, Environmental Jurisprudence and the Supreme Court: Litigation,
Interpretation, Implementation (2014)
 Shyam Diwan and Armin Rosencranz, Environmental Law and Policy in India– Cases,
Materials and Statutes (2nd ed., 2001)
 P. Leelakrishnan, Environmental Law Case Book (2nd ed., 2010)
 Gurdip Singh, Environmental Law in India (2nd ed 2016)
 P. Leelakrishnan, Environmental Law in India (5th ed., 2019)
 Stuart Bell & Donald Mc Gillivray, Environmental Law (7th ed., 2008)

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SEMESTER I
SYLLABUS
HAZARDOUS WASTE AND THE LAW (LL.M 182)

L:T:P:: 2:1:0 Credits-2

OBJECTIVE - In order to strengthen the implementation of environmentally sound


management of hazardous waste in the country, the Ministry of Environment, Forest and
Climate Change has amended the Hazardous and Other Wastes (Management
&Transboundary Movement) Rules, 2016.

Learning Outcomes:

i. Understand in depth knowledge of the specialist area of environmental law and associated
disciplinary areas
ii. Determine and analyse the different causes of pollution and legal remedies to control it on
national level.
iii. Analyse and evaluate laws relating to environmental aspect on a national level and its
comparison with other countries.

UNIT 1: Introduction 5 Hours


Overview of waste management in India, the importance of legal and regulatory frameworks,
Difference between Regulatory and Legal frameworks, Legal Landmarks in the History of
Waste Management in India, Institutional framework on solid waste management in India.

UNIT 2: Waste Management Laws in India 5 Hours


The Environmental Protection Act, The Hazardous Wastes (Management, Handling and
Transboundary Movement) Rules, 2008, The Plastic Waste (Management and Handling)
Rules, 2011, Bio-Medical Waste (Management and Handling) Rules, 1998, The E-Waste
(Management and Handling) Rules, 2011, The Batteries (Management and Handling) Rules,
2001.

UNIT 3: Solid waste management rules 2016 5 Hours


Source segregation of waste and Duties of waste generator, Introduction of the concept of
partnership in Swachh Bharat, Collection and disposal of sanitary waste, Collect back scheme
for packaging waste, User fee and spot fine, Promotion of marketing and utilization of
compost, Promotion of waste to energy, Criteria and standards for waste treatment facility
and pollution control, Management of waste in hilly areas, Duties of constitutional bodies and
Ministries

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UNIT 4: Regulatory and Legal policymaking in Waste Management 5 Hours


Waste management protocol during epidemics, Circular economy in waste management, Role
of the global economy, Stakeholder engagement, best practices in India and Abroad- Case
studies.

UNIT 5: Environment Impact Assessment 4 Hours


Introduction to environmental impact analysis, Environmental impact statement and
Environmental management plan, ISO14000, EIA guidelines 1994, Notification of Govt. of
India.

SUGGESTED READINGS

1. National Environment Policy, 2006, Ministry of Environment and Forests, Government of


India, Approved by the Union Cabinet on 18 May 2006 2
2. Municipal solid waste management Manual Part 1,2 & 3(2016), Central public health and
environmental engineering organization, Ministry of Urban Development, Government of
India. M Tech in Waste Management Department of Civil Engineering

Reference Books:
1. Solid Waste Technology & Management, Thomas Christensen, (2011)., John Wiley
&Sons, USA.
2. Waste Management Practices: Municipal, Hazardous and Industrial, John Pichtel (2014).,
2nd Ed., CRC Press, USA
3. Integrated Solid Waste Management, Engineering Principles and Management Issues, T.c.
Hobanoglous G., Theisen H., and Vigil S.A. (2014)., 2nd Ed., McGraw-Hill, USA

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SEMESTER-II
SUBJECT
BIODIVERSITY AND LAW (LPG-283)

L:T:P:: 2:1:0 Credits-2

OBJECTIVE:This course is concerned in the broadest sense with nature protection. It


addresses specifically law and policy around the broad themes of biodiversity, wildlife &
habitats. It examines theoretical and practical dimensions of international and national legal
and institutional arrangements concerning some of the most crucial environmental issues of
our time. This includes the various dimensions of the biodiversity regime, including the
Convention on Biological Diversity, its protocols, related legal instruments and related
developments at the national level. These cover a wide variety of issues ranging from
conservation and use of biodiversity in general to specific implementation mechanisms like
‗access and benefit sharing, measures addressing environmental safety in the context of the
release of genetically modified organisms (biosafety), and proposed measures to consider
social and cultural dimensions of biodiversity conservation and use.

LEARNING OUTCOME:

i. Students through this coursewill be able to clearly understand the concept of


biodiversity and the laws related to it.
ii. The students will be able to critically analyse the laws related to wildlife and
biodiversity and identify different approaches to conserving biodiversity.
iii. Students will have a broad knowledge of the international perspective on biodiversity.

MODULE-I:Introduction to Biodiversity 5 Hours

i. Meaning and concept of biodiversity


ii. Biodiversity conservation and use; the need for conserving biodiversity
iii. Crucial issues concerning biodiversity; the genesis of the problem
iv. Policy around the themes of biodiversity

MODULE-II: Forest, Wildlife and Biodiversity-Related Laws 5 Hours

i. Evolution and Jurisprudence of Forest and Wildlife laws


ii. Colonial forest policies
iii. Forest policies after independence
iv. Statutory framework on Forests, Wildlife and Biodiversity: IFA, 1927; WLPA, 1972;
FCA, 1980; Biological Diversity Act, 2002; Forest Rights Act, 2006
v. Strategies for conservation–Project Tiger, Elephant, Rhino, Modulew leopard.

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MODULE-III:International Legal and Institutional Arrangements 5 Hours

i. Various dimes of biodiversity regimes


ii. Theoretical and practical dimensions of international legal and institutional
arrangements
iii. Developments in international laws related to biodiversity in various fronts

MODULE-IV:Judicial Approach 5 Hours

i. Judicial response to the issue


ii. Need for judicial intervention

MODULE-V: Measures For Protection of Biodiversity 4 Hours

i. Role of law in the protection of wildlife and biodiversity


ii. Practical constraints in the implementation of laws related to biodiversity
iii. Proposed measures for better implementation of laws

SUGGESTED READINGS:

 Michael Bowman, Peter Davies and Edward Goodwin eds, Research Handbook on
Biodiversity and Law (Edward Elgar, 2015).
 Federica Cittadino, Incorporating Indigenous Rights in the International Regime on
Biodiversity Protection: Access, Benefit-Sharing and Conservation in Indigenous Lands
(Leiden: Brill Nijhoff, 2019).
 Malgosia Fitzmaurice, Whaling and International Law (Cambridge University Press, 2015).
David Freestone, Conserving Biodiversity in Areas Beyond National Jurisdiction (Leiden:
Brill Nijhoff, 2019).
 Giulia Sajeva, When Rights Embrace Responsibilities: Biocultural Rights and the
Conservation of Environment (Oxford University Press, 2019).
 Sebastian Oberthr& G. Kristin Rosendal eds, Global Governance of Genetic Resources -
Access and Benefit Sharing after the Nagoya Protocol (Routledge, 2014).
 Ben Saul & Tim Stephens eds, Antarctica in international law (Oxford: Hart Publishing,
2015).

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SEMESTER-II
SYALLBUS
LAW AND SUSTAINABLE DEVELOPMENT (LPG-284)

L:T:P:: 2:1:0 Credits-2

OBJECTIVE: Understanding, development, and implementation of international sustainable


development law. It has two principal aims. Firstly, it seeks to advance the understanding of
sustainable development by providing a discussion of international law and national law in
this area. Secondly, it aims to strengthen the implementation of sustainable development law.

LEARNING OUTCOME:

i. At the end of the course the students shall understand and get an introduction to the
concept of sustainable development and the role of law in achieving sustainable
development.
ii. The students shall have a broad understanding of law and policy related to sustainable
development.
iii. The subject would provide students with knowledge of concepts and principles and
the emerging principles of national and international law related to sustainable
development.

MODULE-I: Sustainable Development: Politics and Policies 5 Hours

i. Meaning and status of sustainable development


a) Origins of the concept of sustainable development
b) Policies and principles governing sustainable development
ii. Foundation of legal aspects of sustainable development

MODULE- II:International Law and Policy of SustainableDevelopment 5 Hours

i. Principles in international law related to sustainable development


ii. The Evolution of sustainable development in international law
iii. Innovative aspects of key international instruments
iv. Emerging principles of international law related to sustainable development

MODULE- III: Sustainable Justice: Reconciling Economic, Social and Environmental


Law 5 Hours

i. Intersection between international social, economic, and environmental law


ii. Legal instruments and regimes that integrate economic, social and environmental
aspects
iii. c)challenges and innovative methodologies of recent years

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MODULE- IV:Indian Approach to Sustainable Development Laws 5 Hours

i. Laws in India concerning sustainable development


ii. Judicial approach in attaining sustainable development
iii. Implementation of international laws in India

MODULE- V:Strengthening the Implementation of SustainableDevelopment

Law 4 Hours

i. Recognizing critical issues in sustainability


ii. Road map ahead in attaining sustainable development
iii. Reformatory measures: Reforms in legal, administrative and judicial approach

SUGGESTED READINGS:

1. Sustainable Development, International Criminal Justice, and


TreatyImplementation. Jodoin, Sebastien, and Segger, Marie-Claire Cordonier.
Cambridge University Press, 2015
2. Environmental Law for Sustainability: A Reader. Richardson, Benjamin J., and
Wood, Stepan. Hart, 2006
3. Sustainable Justice: Reconciling Economic, Social, and Environmental Law.
Segger, Marie-Claire Cordonier, and Weeramantry, C. G. MartinusNijhoff, 2005
4. International Law and Sustainable Development: Principles and Practice.
Schrijver, Nico, and Weiss, Friedl. MartinusNijhoff, 2004
5. The Evolution of Sustainable Development in International Law: Inception,
Meaning and Status. Schrijver, Nico. MartinusNijhoff, 2008
6. International Law and Policy of Sustainable Development.French, Duncan.
Manchester University Press, 2007
7. International Protection of the Environment: Conservation in Sustainable
Development. Burhenne, Wolfgang E., and Robinson, Nicholas A. Thomson
Reuters/West, 2017

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SEMESTER-II
SYALLBUS
GLOBAL ENVIRONMENTAL LAW AND CLIMATE CHANGE (LPG-285)

L:T:P:: 2:1:0 Credits-2

OBJECTIVE: It provides an introduction to the principles of international environmental


law (such as the principle of common but differentiated responsibilities and the precautionary
principle), environmental justice (human rights, participatory rights), examines questions
related to compliance, and effectiveness and enforcement of international environmental
law.The course examines the main international legal instruments that constitute international
climate law and policy within their broader context. This course focuses on global commons,
in other words all the resources that are beyond state sovereignty either because they do not
fall under their jurisdiction or because they have not been appropriated for legal or other
reasons.

LEARNING OUTCOME:

i. After reading this subject, students will have an understanding of the origin, evolution
and expansion of international environmental law.
ii. Students would be equipped with a broad understanding of law and policy related to
climate change.
iii. The subject would provide students with knowledge of concepts and principles
underlying international environmental laws. By the end of it, students will be able to
identify and critically analyse issues concerning key legal and policy development.

MODULE- I: Introduction to International Environmental Law 5 Hours

i. International Environmental Law: Meaning, scope, subjects, principles.


ii. Historical development and early legal development
iii. Range of laws and norms that impact global environment problems

MODULE-II:International Environmental Law: Institutions andEnforcement

5 Hours

i. Sources of International Environmental laws: Treaties, declarations, customs,


multilateral environmental agreements, judicial decisions and teachings of most
highly qualified publicists
ii. Important Environmental Law Conferences
iii. Compliance, effectiveness and enforcement of international environmental law,
including non-compliance mechanisms
iv. Governance and institutional framework governing environment at the international
level and links with other branches of international law such as human rights

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v. International Institutions: Emerging trends


vi. North-South Debate.

MODULE- III:Law and Global Commons 5 Hours

i. Regulation of global commons


ii. Global commons that are recognized and regulated like High Seas
iii. Resources beyond state sovereignty
iv. Consequences of appropriation

MODULE- IV: International Perspective on Climate Change 5 Hours

i. Principles of climate change law and policy


ii. Introduction to UN Convention on Climate Change and Paris Agreement
iii. Legal issues arising in the context of the UN regime.
iv. Relation between climate change and other laws like trade laws

MODULE- V: Environmental Laws in the Indian Context 4 Hours

i. Adaptation of various international environmental laws in India


ii. Regional approach to climate change law and policy
iii. The role of the judiciary
iv. Problems arising in the context of law and policy response to climate change both
concerning mitigation and adaptation.

SUGGESTED READINGS:
 ShawkatAlam et al eds, International Environmental Law and the Global South
(Cambridge University Press, 2015).
 Alan Boyle and Catherine Redgwell, Birnie, Boyle, and Redgwell's International Law and
the Environment (OUP, 4th ed 2021).
 Malgosia Fitzmaurice, Marcel Brus & Panos Merkouris eds, Research Handbook on
International Environmental Law (Cheltenham: Edward Elgar, 2nd ed, 2021).
 Lavanya Rajamani & Jacqueline Peel eds, Oxford Handbook of International
Environmental Law (Oxford University Press, 2021).
 Stephen Turner et al. eds, Environmental Rights – The Development of Standards
(Cambridge University Press, 2019).
 IvanoAlogna, Christine Bakker, and Jean-Pierre Gauci eds, Climate Change Litigation:
Global Perspectives (Brill, 2021).
 Simon Behrman & Avidan Kent eds, Climate Refugees – Beyond the Legal
Impasse? (London: Routledge, 2018).
 Daniel Bodansky, JuttaBrunnée&LavanyaRajamani, International Climate
Change Law (Oxford University Press, 2017).
 Tahseen Jafry ed, Routledge Handbook of Climate Justice (Routledge, 2020).
 Benoit Mayer, The International Law on Climate Change (Cambridge:
Cambridge University Press, 2018).

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-II
SUBJECT
GLOBAL ENVIRONMENTAL JUSTICE (LPG-286)

L:T:P:: 2:1:0 Credits-2

OBJECTIVE: Environmental justice literature provides narratives of individuals and


communities organizing and responding to economic and environmental problems on
local,national, and international levels. Its stories and investigations show that environmental
issues are deeply connected with issues of globalization, gender, race, and class.Throughout
this course, you will read about issues that join our personal lives with political and economic
practices around the world. Your definition of ―the environment‖ may never be the same.

LEARNING OUTCOMES:

Students will be able to: -

i. Identify different approaches to the governance and management of human activities


that affect the environment, both in the US and abroad, including institutions,
property relations, management regimes, politics, and policies.
ii. Explain how social forces, cultural values, and behaviour affect human-
environmental interactions,including issues such as political and economic relations,
inequality, access to resources, and interactions between human diversity and
biological diversity.

MODULE 1: Introduction 5 Hours

i. Definition of Environmental Justice


ii. History of Environmental Justice
iii. Failure of Environmentalism

MODULE 2: Meaning and Aspects 5 Hours

i. Environmental Racism
ii. Definition, Causes
iii. Pollution through Environmental racism
iv. Socio- economic aspect
v. Native American People‘s, San Juanico Disaster: Mexico, Bhopal Gas Tragedy,
Eastern Europe, Papa New Guinea

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MODULE 3: Environmental Justice 5 Hours

i. Social Justice and Environment


ii. Operationalizing Environmental Justice
iii. Food Justice and Environmental Justice
iv. Cultivating Food Justice
v. Indigenous population and Environmental Justice
vi. Climate Justice and Environmental Justice
vii. Relevance of Environmental Justice for the legal framework in the European Union
viii. Environmental Justice- Is it advancing toward accountability?
ix. Benefits of Development and Environment Justice

MODULE 4: Issues and Challenges 5 Hours

i. Environmental Justice a problem of racialized wealth distribution


ii. Problem of resource equity
iii. Environmental movement / civil rights movement

MODULE 5: Remedies 4 Hours

1. Origins of Environmental Inequality- material and social aspects


2. Nature conservation as social exclusion
3. Mapping the effects of climate change on Human Migration and Displacement
4. Towards just Sustainability
5. Climate Justice- Peru De-glaciation water availability and justice, Bangladesh Sea level
rise and flooding

SUGGESTED READING

1.Law on Protection of Environment-R.G. Chaturvedi


2.Protect Global Environment- A.B. Srivastava
3.Environment Pollution and the Laws- V.R. Krishna Iyer
4.Environmental Administration, Law and Judicial Attitude- Paras Diwan, Piyushi Diwan
5.Environmental Justice in a Moment of Danger- Julie Szu
6.The Quest for Environmental Justice: Human Rights and the Politics of Pollution- Robert
D. Bullard
7.Climate Justice: Hope, Resilience, and the Fight for a Sustainable Future- Mary Robinson
8.Environmental Justice: Key Issues- Brendan Coolsaet
9.What is Critical Environmental Justice? - David Naguib Pellow
10.Environmental Justice: Concepts, Evidence and Politics- Gordon Walker
11.Polluted promises- Melissa Checker
12.Environmental Justice and Environmentalism: The Social Justice Challenge to
theEnvironmental Movement- Ronald D. Sandler, Phaedra C. Pezzullo.

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

ONE YEAR LL.M SYLLABUS

INTERNATIONAL TRADE LAW

FIRST SEMESTER

COMPULSORY PAPERS

i. Research Methods and Legal Writing


ii. Comparative Public Law
iii. Law and Justice in a Globalizing world

OPTIONAL PAPERS

i. International Economic Law


ii. International Trade Law

SECOND SEMESTER

i. International Banking and Finance


ii. International Investment Law
iii. Int'l Commercial Arbitration
iv. International Taxation
v. Dissertation

The examination, evaluation and other norms of improvement of grades will be governed as per the
norms of the credit system of the University Departments.

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-I
SYLLABUS
RESEARCH METHODS AND LEGAL WRITING (LPG-101)

L:T:P::3:1:0 Credits-3

OBJECTIVES-The main objective of this course is to acquaint the student of law with the
scientific method of social science research. This course is expected to provide knowledge of the
technique of selection, collection and interpretation of primary and secondary data in socio-legal
research. Emphasis would be laid on practical training in conducting research in this course. They
should be able to design and execute small-scale research problems. The practical skill in
conducting research will be evaluated on their performance in field research and
workshops/seminars.

Learning Outcomes:
i. Recognise primary and secondary sources of legal research material.
ii. Use and apply secondary sources, case law and legislation using both paper based and
online resources to a research problem.
iii. Develop correct research strategies to critically evaluate the relevance, quality, authority
and currency of the research materials.

UNIT- I: INTRODUCTION 8 Hours


i. The science of research and scientific methodology.
ii. Interrelation between speculation, fact and theory building-some fallacies of scientific
methodology with reference to socio-legal research.
iii. Inter-disciplinary research and legal research models.
iv. Armchair hair research vis-a-visempirical research.
v. Legal research-common law and civil law legal systems

UNIT- II: Research Design 7 Hours


i. Workable Hypothesis-formulation and evaluation.
ii. Major steps in research design

UNIT-III: Research Techniques 7 Hours


i. Sampling
ii. Survey and Case Study method
iii. Scaling and Content Analysis

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UNIT- IV:Research Tools and Data Processing 7 Hours


i. Observation
ii. Interview and schedule
iii. Questionnaire
iv. Socio-metrics and jurimetrics
v. Data processing (deductions and Inductions) analysis and interpretation of data

UNIT- V: Legal Writing 7 Hours


i. Report/article writing in legal research
ii. Use of definitions, maxims, concepts, principles, doctrines in legal research
iii. Citation methodology
iv. Book review and case comments

BIBLIOGRAPHY/REFERENCES
1. Robert Watt- Concise book on Legal Research
2. Ram Ahuja-Research Method
3. Good and Hatt- Research Methodology
4. Pauline Young- Research Methodology
5. Earl Babbie- Research Methodology
6. AnwarulYaqin-Legal Research Methodology
7. Wilkinson Bhandarkar-Research Methodology
8. SelltisJohoda-Research Methodology
9. Stott D.-Legal Research
10.RobertWattand Francis Johns- ConciseLegalResearch

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-I
SYLLABUS
COMPARATIVE PUBLIC LAW(LPG-102)

L:T:P::3:1:0 Credits-3

OBJECTIVES- This paper focuses on analytical and theoretical scrutiny of Public Administrative
Law, Constitutional Law and Criminal Law and its component in a comparative manner to enable
the students and develop amongst them a proper understanding of the subject.

Learning Outcomes:
i. Understand the similarities and differences between leading (Western) constitutional
traditions in key areas (sovereignty, separation of powers etc.).
ii. Have an improved understanding of their own legal system.
iii. Understand how the States studied have developed and applied constitutional principles,
especially in the light of processes of globalization and democratization.

UNIT-I: INTRODUCTION 8 Hours


i. Meaning and definition of Public Law
ii. Concept of Public Law
iii. Globalisation of Comparative Public Law

UNIT- II: TOOLS OF COMPARATIVE PUBLIC LAW 7 Hours


i. Constitutional Law - Common Law, Civil Law
ii. Legislative Mechanism - Common Law, Civil Law
iii. Typology of Federalism - USA, India

UNIT- III: PUBLIC INTEREST LITIGATION - US, INDIA 7 Hours


i. Locus standi
ii. Judicial Activism
iii. Judicial Accountability

UNIT- IV: COMPARATIVE CRIMINAL LAW - COMMON LAW, CIVIL LAW

7 Hours
i. Domestic Violations - International, National
ii. Provisions relating to Rape
iii. Plea Bargaining - US A, India

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iv. White Collar Crimes


v. Juvenile Justice

UNIT- V: OMBUDSMAN 7 Hours


i. Ombudsman in Scandinavian countries
ii. International Scenario - Common law and Civil law
iii. Indian Scenario
iv. Lokpal (Ombudsman)
v. Lokayukta

BIBLIOGRAPHY/REFERENCES
1. H. W. Wade - Administrative Law,
2. DeSmith - Judicial Review of Administrative Action.
3. Garner - Administrative Law.
4. D. D. Basu - Comparative Administrative Law.
5. Wade and Philips - Constitutional Law
6. Dicey - Introduction to Law of the Constitution.
7. Hood Philips - Constitutional Law and Adminstrative Law.
8. M. P. Jain, S. N. Jain - Principles of Administrative Law.
9. M. P. Jain - The Evolving Indian Administrative Law.
10. B, Schwartz - An Introduction to American Administrative Law.
11. K. S. Shukla and S. S. Singh - Lokayukta- A socio legal study.
12. Ivor Jennings - Law and the Constitution.
13. Neville L. Brown and J. F. Garner - French Administrative Law.
14. Peter H. Schuck - Foundations of Administrative Law.
15. P. P. Craig - Administrative Law.
16. Alex Carol - Constitution and Administrative Law.

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-I
SYLLABUS
LAW AND JUSTICE IN A GLOBALIZING WORLD (LPG-103)

L:T:P::3:1:0 Credits-3

OBJECTIVES-The main objective of the course is to enable students to understand and seek
solutions to pressing problems in the domain of global justice. By the end of the term, students are
expected to have become familiar with the multiple dimensions of the theoretical literature and be
able to critically evaluate the liberal, republican, and discursive democratic attempts to make sense
of, and to ameliorate, prevailing instances of injustice in the world. This will be imparted through
theoretical and philosophical debates advanced by various scholars and the institutional mechanism
that need to be accelerated to achieve the objectives ofglobal justice.

Learning Outcomes:

i. Multiple strata at which law, justice and society interest.

ii. The process of globalization; and

iii. The implications of globalization on law and legal theory

UNIT- I: Introduction 8 Hours


i. Meaning and significance of Globalization
ii. Concept of Global Justice
iii. Global Justice and Right to Development

UNIT- II: Theoretical Prepositions of Global Justice 7 Hours


i. Realism
ii. Particularism
iii. Nationalism
iv. Cosmopolitanism

UNIT- III:Historical and Central Challenges to Global Justice 7 Hours


i. Global Poverty- Role of International Mechanism
ii. Armed Conflict
iii. Nationalist practices
iv. Crimes against Humanity
v. Environment and Health
vi. Oppressive Policies- Threat of Terrorism, Global Politics
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UNIT- IV: Role and Reformation of Global Institutions 7 Hours


i. States, sovereignty and Transnational Law
ii. Economic and Trade Institutions-MNC's
iii. Structural reforms of United Nations-Security Council
iv. International Judicial Institutions

UNIT- V: Models to Achieve Global Justice 7 Hours


i. Social Contract and Social Justice
ii. Sarvodaya Model of Justice
iii. Multi Culturalism and Cosmopolitanism
iv. Significance of Human Rights Education
v. Global Justice and Global Rule of Law

BIBLIOGRAPHY/REFERENCES
1. Springer: Encyclopedia of Global Justice 2012
2. Brian Barry, Culture and Equality. Cambridge: Polity, 2001!
3. Duncan Bell (ed.) Ethics and World Politics. Oxford 2010.
4. Allen Buchanan. Justice, Legitimacy, and Self-determination: Moral Foundations for
International Law. Oxford 2004.
5. Simon Caney, Justice Beyond Borders.Oxford:, 2005
6. Martha Nussbaum, Frontiers of Justice. Cambridge, Mass:Harvard University Press.
7. Thomas Pogge, World Poverty and Human Rights.Cambridge: Polity, 2002.
8. John Rawls, the Law of Peoples. Cambridge, Mass.: Harvard University Press, 1999
9. AmartyaSen, Development as Freedom.Oxford: 1999
10. AmartyaSen: Global Justice

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-I
SYLLABUS
INTERNATIONAL ECONOMY LAW (LPG-191)

L:T:P::2:1:0 Credits-2

OBJECTIVE - The objective of the course is to provide an overview of the content, meaning and
application of international economic law.

Learning Outcomes:

i. To Understand and describe the scope and object of International Economy Law through a
critical analysis of the subject
ii. Analyze the merits and demerits of Economy law, its process from adopting till claimant.
iii. It provides the details, of conceptual parameters of law in the context of the development of
the general principles of law and judicial interpretation.
iv. Explain and address various obstacles and barriers experienced by individuals
before,during, and after adopting insurance with the help of case laws

UNIT-I 5 Hours

i. Definition, Scope and History of International Economic Law with specific focus on
theoretical framework.
ii. Concept of sovereignty in International Economic Relations; Globalization,
International Economic Law and India

UNIT-II 5 Hours

i. Permanent Sovereignty over Natural Resources (PSNR).


ii. New International Economic Order (NIEO);
iii. Charter of Economic Rights and Duties: United Nations Conference on Trade and
Development (UNCTAD); Approach of India.

UNIT-III 5 Hours

i. Evolution of General Agreement on Trade and Tariffs (GATT),


ii. World Trade Organization (WTO); Structures, Principles and Working of WTO; India
and WTO.
iii. International Economic Institutions: An Overview, Evolution and History, Role and
Participation of India

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UNIT-IV 5 Hours

i. International Monetary Fund (IMF) and International Bank for Reconstruction and
Development (IBRD) Structure and Functions.
ii. Impact on Developing Countries with specific focus on India; Right to Development
and Developing Countries.

UNIT-V 4 Hours

i. United Nations Commission on International Trade Law (UNCIRAL); Structure and


Functions.
ii. Brief Survey of International Conventions adopted by UNCITRAL.
iii. Dispute Settlement and Conflict Resolution; International Commercial Arbitration and
Alternative Modes of Resolving Disputes; Negotiation, Mediation, Conciliation,
Arbitration and Adjudication.

SUGGESTED READINGS

1. Mitsuo Matsushita, Thomas J. Schoenbaum and Petros C. Mavroidis, The World Trade
Organization: Law, Practice and Policy (Oxford University Press:2006).

2. Simon Lester, Bryan Mercurio, Arwel Davies and Kara Leitner, World Trade Law: Text,
Materials and Commentary (Hart Publishing House: 2008)

3. Bernard Hoekman and Michel Kostecki, The Political Economy of the World Trading System
(Oxford: Oxford University Press, 2005)

4. John H. Jackson, The World Trading System: Law and Policy of International Economic
Relations, 2d edition(Cambridge: MIT Press, 1997).

5. Anand R.P. New States and International Law, (Vikas Publishing Hosue: Delhi:1972).

6. Anghie, Antony, B.S.Chimni, Karen Mickelson and ObioraOkafor (eds.) The Third World and
International Legal Order: Law, Politics and Globalization (Kluwer Law International, 2003)

7. Koul, A. K., ―Developing Countries in the GATT/WTO — Their Obligations and the Law‖,
Indian Journal of International Law, 2004, vol.44, pp.451-487.

8. Kenneth W. Dam, The GATT: Law and International Economic Organization (Chicago:
University of Chicago Press, 1970).

9. Christper Arup, The New World Trade Organisation Agreements (Cambridge University
Press:2000).

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10. Robert E. Hudec, The GATT Legal System and World Trade Diplomacy (Salem, New
Hampshire: Butterworth, 2d edition, 1990).

11. Baxi, Upendra, ―The New International Economic Order, Basic Needs and Rights: Notes
towards Development of the Right to Development‖ Indian Journal of International Law, 1983,
vol. 23, p.225.

12. Chaturvedi, Sachin and S. K. Mohanty, ―The WTO and Trade in Electronically Delivered
Software: Emerging Challenges and Policy Options – An Indian Perspective‖, Journal of World
Trade, 2008, vol.42, no.5, pp.927-951.

13. Chimni B. S., ―The World Trade Organization, Democracy and Development: A View from
South‖, Journal of World Trade, 2006, vol.40, no.1, pp.5-36.

14. Gopalan, Sandeep, ―Transitional Commercial Law: The Way Forward‖, American University
International Law Review, 2003, vol.18, no.4, pp.803-849. 5 5

15. Hegde V.G, ―Intellectual Property Rights: National and International Legal Aspects Relating to
Patenting of Life Forms‖, Indian Journal of International Law, 1998 vol.38, no.1, p.28.

16. Mattoo, Aaditya and Arvind Subramanian, ―The WTO and the Poorest Countries: The Stark
Reality‖, World Trade Review, 2004 November, vol.3, no.3, pp.385-407.

17. RaoPemmarajuSreenivasa, ―The Role of Soft Law in the Development of International Law:
Some Random Notes‖, in Fifty Years of AALCO: Commemorative Essays in International Law,
Asian-African Legal Consultative Organization, New Delhi 2007.

18. Sornarajah. M, The International Law on Foreign Investment (Cambridge: Cambridge


University Press, 2010).

19. Subedi, Surya P. International Investment Law: Reconciling Policy and Principle (Hart
Publishing House: Oxford: 2008)

20. Watal, Jayashree, Intellectual Property Rights in the WTO and Developing Countries (London:
Kluwer Law International, 2001).

21. UNCTAD, The Outcome of the Uruguay Round: An Initial Assessment (Geneva: UNCTAD,
1994), 41-105, 205-219

22. www.wto.org (for all GATT/WTO cases and other primary documents)

23. www.unctad.org (for the perspective of developing countries)

24. www.southcentre.org (for the perspective of developing countries)

25. www.uncitral.org

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-I
Syllabus
INTERNATIONAL TRADE LAW (LPG-192)

L:T:P::2:1:0 Credits-2

OBJECTIVE - The course will offer you an in-depth, practical knowledge of substantive
international trade and Financial Institutions. It will address the basic principles of trade in goods
and trade in services.

Learning Outcomes:

i. To Understand and describe the scope and object of InternationalTrade Law through a
critical analysis of the subject

ii. Analyze the merits and demerits of Trade law, its process from adopting till claimant.

iii. It provides the details, of conceptual parameters of law in the context of the development of
the general principles of law and judicial interpretation.

iv. Explain and address various obstacles and barriers experienced by individuals before,
during, and after adopting insurance with the help of case laws

UNIT -I: INTRODUCTION 7 Hours

i. International trade law: definition, scope, codification and development, National


treatment, Most Favoured Nation Treatment (MFNT),
ii. The Principle of Non-Discrimination and Equality of states,
iii. Changing concepts of sovereignty and protection of national interests, Transparency
and reciprocity.

UNIT -II: THE HISTORY AND DEVELOPMENT OF INTERNATIONAL TRADE,


AND FINANCIAL INSTITUTIONS 7 Hours

i. History and development of international trade,


ii. International Monetary Fund (IMF),
iii. International Bank For Reconstruction and Development (IBRD),
iv. International Finance Corporation (IFC),
v. International Development Association (IDA),
vi. Multilateral Investment Guarantee Agency (MIGA).

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UNIT -III: WORLD TRADE ORGANIZATION (WTO) 5 Hours

i. World Trade Organization: establishment, scope, objectives, role, powers, functions


and obligations.
ii. Evolution of World Trade Organization – 1947 to 1995
iii. Institutional Framework of WTO

UNIT -IV: INTERNATIONAL TRADE, AND REGULATORY ROLE OF THE


UNITED NATIONS AND GATT 5 Hours

i. Role of the UN in promotion and protection of international trade


ii. United Nations and developing countries,
iii. Provisions relating to the General Agreement on Tariffs and Trade (GATT) and
General Agreement on Trade in Services (GATS).

Textbooks

1. Schnitzer, Simone; Understanding International Trade Law; Universal Publication


2. Kaul, A. K.; Guide to the WTO and GATT: Economics, Law and Politics; Kluwer Publication
Reference Books

1. Goyal, Arun; WTO in the new Millennium: Commentary, Case Law, Legal Texts; MVIRDC
World Trade Centre
2. Carr, Indira; International Trade Law; Cavendish Publishing House
3. Rao, M. B; and Guru, Manjula; WTO and International Trade; Vikas Publishing House

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-II
SYLLABUS
INTERNATIONAL BANKING AND FINANCE (LPG-293)

L:T:P::2:1:0 Credits-2

OBJECTIVE: To develop an understanding of the concepts, principles and provisions relevant


to international banking and finance and various types of the capital market, and financial
market.to develop an idea about cryptocurrency and other online currencies and also provide
studentswith knowledge about risk management in the financial market.

LEARNING OUTCOMES: After studying learner will-

 Understand the meaning of international banking.


 Will be able to make difference between capital market and financial market.
 Will be able to analyze different types of parallel online investment markets.
 Understand about Risk involves in online banking and risk management.
 Understand the meaning of country risk management.

UNIT -I:Introduction to International Banking and Finance. 5 Hours

i. Introduction, Definition, Features of International Banking.


ii. Meaning and Scope of International Finance.
iii. Balance of Payment.
iv. International Monetary System.
v. Concept of Currency Convertibility.

UNIT E-II International Capital Markets. 5 Hours

i. Definition of capital market and financial market.


ii. Reasons for Growth of International Banking.
iii. European Monetary System.
iv. Current Exchange Rate Systems.
UNIT -III:Other parallel capital Markets. 5 Hours
i. Overview, Brief Overview of Bitcoin and other Crypto Currencies
ii. Emergence of Cryptocurrency.
iii. Note on Mining and Crypto Currency Exchanges.
iv. Advantages and Disadvantages of Crypto Currency.

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UNIT -IV:International Banking Operation. 5 Hours


i. Functions of International Banking.
ii. Correspondent Banking.
iii. International Payment Systems.
iv. Merchant Banking.
v. International Lending Operation, Loan Syndication, Parties Involved.

UNIT -V: Risk management in international banking and finance. 4 Hours


i. Risk Management and Derivatives.
ii. Translation and Economic Risk Faced by Corporates.
iii. Internal and External Hedging.
iv. Country Risk Management.

RECOMMENDEDREADINGS

i. Money banking international trade and public finance, Indian institute of banking finance
ii. International Banking, Macmillan publisher India
iii. International Operation, Indian institute of banking finance
iv. International Banking, Macmillan
v. Basics of International Banking, Emmanuel N. Roussakis
vi. Fundamental of International Banking, Rupnarayan Bose

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-II
Syllabus
INTERNATIONAL INVESTMENT LAW (LPG-294)

L:T:P::2:1:0 Credits-2

OBJECTIVE: The aim of the subject is to provide students with a theoretical and practical
understanding of international investment law, particularly the regime governing protection and
implementation of foreign investments. The course explains various frameworks established by
national laws and rules of international law governing cross-border or international investments
and how they operate in practice.

LEARNING OUTCOMES: After studying learner will-

 Understand the meaning of Investment law.


 Will be able to make difference between foreign and capital investment.
 Will analyze between different types ofinternational investment treaties.
 Understand about international investment market mechanism.

UNIT -I: INTRODUCTION TO INTERNATIONAL INVESTMENT LAW: VARIOUS


AREAS AND VARIOUS REGIMES DEFINITION & SCOPE OF INTERNATIONAL
LAW. 5 Hours

i. Defining ‗investment‘ and ‗foreign‘ investment.


ii. Historical development of the rules governing foreign investment.
iii. Various types of investment and application of existing rules to new types of investment
(IT and Ecommerce). IAEA.
iv. International and national law rule applicable to foreign investments.
v. Trade-related aspects of foreign investment.

UNIT -II: APPLICATION OF GENERAL INTERNATIONAL LAW TO FOREIGN


INVESTMENT. 5 Hours
i. Customary international law on access and protection of foreign investment.
ii. Interpretation of treaties governing international investment. -Holder of Rights.
iii. Responsibility of States and rules governing the protection of foreign investment.
iv. Diplomatic protection and human rights law rules.
v. Nature of the investor‘s rights under bilateral and multilateral treaties.

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UNIT -III: PROTECTION OF FOREIGN INVESTMENT: SCOPE OF APPLICABLE


TREATIES. 5 Hours
i. Definition of investment and national laws, bilateral and multilateral treaties.
ii. Definition of investor. Treaty structuring and abuse of process.
iii. Temporal scope of protection. Application of treaties to legacy investments and termination
of protection (sunset clauses).
iv. Compatibility of rules on protection of foreign investment with other international law
obligations of the State (EU, human rights law)

UNIT -IV: OBLIGATIONS OF FOREIGN INVESTOR AND THEIR ENFORCEMENT.


5 Hours
i. Rules governing access of foreign investors.
ii. Obligations of Foreign Investors in bilateral and multilateral treaties and national laws.
iii. Enforcement of investor‘s obligations in arbitration counterclaims and claims by host states.
iv. Enforcement of investor‘s obligations though the courts of investor‘s home State.

UNIT -V: SETTLEMENT OF INVESTMENT DISPUTES & PROCEDURE.


4 Hours
i. Stages of a typical investor-state dispute settlement.
ii. Jurisdictional and admissibility objections. Fork-in-the-road, cooling-off period, exhaustion of
local remedies.
iii. The role of the investor‘s home State.
iv. Police powers doctrine.

RECOMMENDEDREADINGS

1. Basics of International Investment law, AURYA P. SUBEDI.


2. Fundamental of International Investment law, Arnaud DE Nanteuil.
3. International Investment law, C.H. BEEK.HART. NOMOS.
4. International Investment law, Krista NadakavukarenSchefer.
5. International Investment law, David Collins.
6. International Investment law, Sanghwani Patrick.
7. International Investment law, Surya P Subredi

Syllabus of LLM in VMSB Uttarakhand Technical University, Dehradun for admissions in (2022-23) and onwards Page 16
VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-I
SYLLABUS
INTERNATIONAL COMMERCIAL ARBITRATION(LPG-295)

L:T:P::2:1:0 Credits-2

OBJECTIVE: Main purpose of this course is to make students able to deal with the typical
casesresolved in international commercial arbitration worldwide, make research and
prepareand represent legal argumentation. As the result of the course students will
obtainknowledge on legal mechanism of international commercial arbitration in
national,comparative and transnational (de-localized) aspects, understand the role
ofinternational commercial arbitration, get practical legal skills.

LEARNING OUTCOMES: ─ Students must gain knowledge on:

i. Use specific terms and sources of international commercial arbitration.


ii. Practical abilities of research, analysis of cases and commentaries.
iii. Skills to analyse and solve cases, building up of the legal position and compositionof
procedural documents.
iv. Drafting arbitration agreements in commercial contracts

UNIT- I 5 Hours

i. Concept and Nature


ii. Emergence of International Commercial Arbitration
iii. Essence of International Commercial Arbitration
iv. Principles of International Commercial Arbitration
v. Legal Framework of Arbitration

UNIT-II INSTITUTIONAL AND AD HOC ARBITRATION 5 Hours

i. UNCITRAL Arbitration Rules.


ii. ICC Arbitration Rules.
iii. LCIA Arbitration Rules.
iv. SIAC Arbitration Rules.

Syllabus of LLM in VMSB Uttarakhand Technical University, Dehradun for admissions in (2022-23) and onwards Page 17
VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

UNIT- III APPLICABLE LAW IN INTERNATIONAL COMMERCIAL


ARBITRATION 5 Hours

i. Applicable Procedural Law: lex loci arbitri, lexfori. Law Applicable


toArbitrationAgreement.
ii. Applicable Substantive Law: Choice, Proof, Interpretation, Application.Conflict
of LawsRules in International Commercial Arbitration.
iii. Substantive National Law in International Commercial Arbitration.
iv. Lexmercatoria, INCOTERMS, UCP and UNIDROIT Principles inInternational
Commercial Arbitration.
v. United Nations Convention on Contracts for the International Sale of Goods,1980.

UNIT- IV 5 Hours

i. Arbitration Agreement:
a) Legal Nature of Arbitration Agreement.
b) Autonomy, Validity, Interpretation.
c) Subjective and Objective Arbitrability

ii. Arbitrators and Arbitration Procedure:

a) Commencement of Arbitration.
b) Selection and Appointment, Challenge and Removal of Arbitrators.
c) Determination of Jurisdiction.
d) Arbitration Procedure.
e) Interim and Conservatory Measures.
f) Evidence in Arbitration.
g) Costs in Arbitration.
h) Arbitral Award.

UNIT- V 4 Hours

i.Recognition and Enforcement of Arbitral Awards

a) foreign award- meaning


b) The International Conventions for recognition and enforcement of arbitral awards
c) Reciprocity and commercial reservation
d) Indian law- scope and applicability
e) Recognition and enforcement of annulled awards
ii. New York Convention on the Recognition and Enforcement of ForeignArbitral
Awards 1958
iii. UNCITRAL Model Law Regulation.

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VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

iv. National Laws Regulation.


v. Oral Skills in Arbitration.
vi. Using Legal Practice in Arbitration.
vii. Legal Research and Case Analysis Techniques.

SUGGESTED READING

1. Julian D M Lew, Loukas A Mistelis, Stefan M Kroll- Comparative International


Commercial Arbitration

2. Moses M.L.-The Principles and Practice of International Commercial Arbitration.

3. Nigel Blackaby, Constantine Partasides, Alan Redfern, Martin Hunter- Redfern and Hunter
on International Arbitration

4.Rohith M. Subramoniam and Navya Jain- International Commercial Arbitration:


AnIntroduction

5. ChiragBalyan&YashrajSamant- Commercial Arbitration - International Trends and


Practices

6. Avtar Singh- Law of Arbitration and Conciliation

7.GeorgeEconomou- International Arbitration

Syllabus of LLM in VMSB Uttarakhand Technical University, Dehradun for admissions in (2022-23) and onwards Page 19
VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

SEMESTER-II
SYLLABUS
INTERNATIONAL TAXATION (LPG-296)

L:T:P::2:1:0 Credits-2

OBJECTIVE: To develop an understanding of the concepts, principles and provisions


relevant to international taxation and acquire the ability to apply such knowledge to make
computations and address issues in practical case scenarios. The aim of the subject is to
provide working knowledge on practical application of Direct Tax Laws, indirect tax,
international taxation.

LEARNING OUTCOMES: After studying learner will-

 Understand the meaning of law of taxation.


 Will be able to make difference between direct and indirect tax.
 Will analyze between different types of treaties.
 Understand about international taxation tribunals.

UNIT--I: Introduction and Basic Concepts of International Taxation Law. 6 Hours

i. Tax definition.
ii. Taxation policies and its emergence.
iii. International taxation definition.
iv. Difference between International tax and Nation tax.
v. Meaning, features and contribution to public revenue.
vi. Taxation of international transaction.

UNIT--II TREATIES AND DTAA. 6 Hours

i. What is DTAA
ii. Purpose and Nature of DTAA:
a) Comprehensive purpose
b) Limited purpose.
iii. Bilateral treaties.
iv. Multilateral treaties.
v. Constitution taxation provision.
vi. Non-resident Taxation (including source rule of Taxation)
vii. Arm‘s Length Price

UNIT-III: INTERNATIONAL ASPECTS OF INCOME TAX 4 Hours


i. International Dimension of Taxation.
ii. Challenge for International Taxation.
iii. Double taxation relief.

Syllabus of LLM in VMSB Uttarakhand Technical University, Dehradun for admissions in (2022-23) and onwards Page 20
VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

iv. Advance rulings.


v. Tax avoidance, tax planning, tax evasion.

UNIT-IV: OTHERS ASPECT OF INTERNATIONAL TAXATION. 4 Hours


i. OECD Model Tax Convention.
ii. UN Model Tax Convention.
iii. US Model Tax Convention.
iv. Transfer pricing.
v. Thin capitalization tool to reduce Income.

UNIT-V: TAXATION OF E-COMMERCE TRANSACTION. 4 Hours


i. Controlled Foreign Corporation.
ii. Base Erosion and Profit.
iii. Other Anti Avoidance Measured.
iv. Anti-deferral measures.
v. Taxation regulatory body at international level.
v. Tax dispute solving mechanism at international level

RECOMMENDEDREADINGS

i. Fundamental International Taxation, The chamber of tax


consultant.
ii. Basics InternationalTaxation, Nitish Desai.
iii. International Taxation, C.A Kamal Garg
iv. International Taxation, C.AArinjay Jain
v. International Taxation, Richard L. Doernberg.
vi. International Taxation, D.C Agarwal
vii. International Taxation, C.A Divakar

Syllabus of LLM in VMSB Uttarakhand Technical University, Dehradun for admissions in (2022-23) and onwards Page 21
VEER MADHO SINGH BHANDARI UTTARAKHAND TECHNICAL UNIVERSITY, DEHRADUN

Syllabus of LLM in VMSB Uttarakhand Technical University, Dehradun for admissions in (2022-23) and onwards Page 22

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