The International Legal Studies Division (ILS) is a part of the Centre for Diplomacy, International Law and Economics, which is one of the seven centres of the School of International Studies. It took shape from the Department of International Law which was part of the erstwhile Indian School of International Studies (ISIS). The ISIS was in existence since 1955 till it merged with the University in June 1970 to form the present School of International Studies.
Since its inception, the ILS has been involved in teaching and research in various contemporary issues of concern in international law. The range and scope of teaching and research undertaken by the Division have been wide and varied. They encompass, besides the traditional issues, air and space law, cyber law, environmental law, human rights law, refugee law, trade and economic law, law of the sea, law of international organization and other contemporary issues in international law.
To facilitate the development of research and training in the fields of environmental law and air and space law in the country, the ILS holds two prestigious chairs, viz. the Jawaharlal Nehru Chair in Environmental Law established in 1989 with an endowment from the Ministry of Environment and Forests, Government of India and the Chair in International Space Law established in 1987 with an initial grant by the Department of Space, Government of India.
Currently, the ILS has a professional strength of three Professors, one Associate Professor, one Research Associate and one Research Assistant. Prof. R.P. Anand, Professor Emeritus continues to be associated with it. Eminent international lawyers who served the Division include Prof. Rahmatullah Khan, the first holder of the Jawaharlal Nehru Chair in Environmental Law.
Faculty
Teaching Programmes
The International Legal Studies Division runs two teaching programmes:
·M.Phil./Ph.D. Programme in International Law
·M.A. in Politics (International Studies) (two core papers in International Law and one optional paper in International Human Rights)
M.Phil./Ph.D. Programme in International Law
While the Ph.D. programme began in early 1960s, the M.Phil. programme commenced in 1973. The objectives of the programme include:
(i)Teaching in specialized and emerging areas in international law, and
(ii)Holding weekly seminars on contemporary problems of international law.
M.Phil./Ph.D. students of ILS have to undergo a two-semester course-work consisting of eight papers:
(1)General Principles of International Law - I
Nature, history and function of international law; relationship between international and municipal law; fundamental principles of international law; sources of international law; law of international organizations; law of treaties; subjects of of international law; diplomatic and consular immunities; jurisdiction of states; law of the sea; law of air and outer space; state succession; state responsibility; international trade law; contemporary theories of international law.
(2)General Principles of International Law - II
Prohibition of force in international relations; peaceful settlement of international disputes; laws of war; commencement and termination of hostilities; general control of armed conflicts; neutrality; chemical and biological weapons and international law; nuclear weapons and international law; international humanitarian law; international criminal tribunals; humanitarian assistance and humanitarian intervention; international human rights laws; legal controls of international terrorism; international refugee law; international environmental law; economic aspects of armed conflict; aerial warfare; sanctions in international law; UN Peacekeeping Operations etc.
(3)International Environmental Law
Overview of present environmental problems and efforts to met the challenge; lawmaking and institution building processes; 1972 Stockholm Conference; 1987 Brundtland Commission Report; 1992 UN Conference on Environment and Development; emergence of international environmental law; international environmental institutions including UNEP and other specialized agencies of the UN, conference of parties, secretariats of various multilateral environmental agreements, scientific and technical committees, implementing committees, international funding mechanisms, Commission on Sustainable Development; role of non-state actors; enforcement and dispute settlement mechanism; select multilateral environmental agreements concerning wetlands, endangered species, transboundary air pollution, ozone depletion, transboundary movements of hazardous waste, climate change, biodiversity, forests, desertification. Also SAARC regional initiative as well as policy and legislative measures in India for environmental protection.
(4)International Economic Law
Definition and history of international economic law; new international economic order; charter of economic rights and duties of states; "soft law" and "hard law"; permanent sovereignty over natural resources; transnational watercourses law; intellectual property rights; draft code of conduct on transfer of technology; draft code of conduct on transnational corporations; multilateral investment guarantee agency; trade related investment measures; international centre for settlement of investment disputes; bilateral investment protection agreements; international monetary law (IMF/World Bank); right to development.
(5)International Trade Law
Origin and history of GATT; MNF clause; national treatment clause; prohibition of quantitative restrictions; general exceptions; security exceptions; article XVIII B; code of anti-dumping; code on subsidies; agreement on agriculture; dispute settlement understanding; India and WTO dispute settlement mechanisms; trade and environment; social clause; competition policy; international commodity agreements; the common fund for commodities; international sales of goods; lex mercatoria; international commercial arbitration.
(6)International Air and Space Law
International air law and lawmaking processes; sovereignty and rights in the air; nature, functioning of National Civil Aviation Organization and International Civil Aviation Organization; international aviation terrorism; military uses of air space; environmental law and air space activities; liability under international air law; liberalization and globalization of international civil aviation; the role of law in regulation of outer space activities; sources of international space law; the United Nations and international space law; the UN Treaties on Outer Space; the law and new fields of space activities; international co-operation in space activities; disarmament in outer space; India’s contribution in the development of international space law and policy; future development of space law.
(7)Law of International Organization
Theoretical bases of international organization; functionalism; advantages of the process of international organizations; classification of international organizations; legal problems of international organizations (legal personality, membership, interpretation of constitution, co-ordination, co-relationship); political, economic and judicial organizations. Also legality of acts of international organizations; the role of international organizations, both universal and regional, in addressing some contemporary problems of international relations.
(8)International Settlement of Disputes
Law if international responsibility of states and other international persons; rules of attribution of responsibility and liability; modes of settlement of claims; process of international claims; international adjudication (arbitration and judicial settlement); special claims settlement mechanisms; implementation of claims settlement both at the international and national levels; and disbursement of compensation in respect of private claims.
(9)Seminar on Contemporary Problems of International Law
Every Friday, there is an exchange of views on any contemporary issue of international law which may be initiated by a faculty member, a student or any invitee from outside the Division. Successful completion of the prescribed courses and a dissertation will lead to the award of the degree of M.Phil. Students desirous of proceeding further and meeting the prescribed criteria (minimum C.G.P.A.) may register for Ph.D. degree. Their doctoral theses may be submitted after a minimum of four semesters from the date of registration. A student of Ph.D. may avail of field visit abroad after the completion of a preliminary draft of their doctoral theses.
M.A. in Politics (International Studies)
(two core papers in International Law and one optional paper in International Human Rights)
Students of the M.A. in Politics (International Studies) may opt for International Law as a core subject as part of their post-graduate programme. It consists of two papers, viz. International Law of Peace, and Legal Controls of International Conflicts, spread over two semesters. The objective of the courses is to familiarise students into legal aspects of international relations, in particular, from a third world perspective.
The course in ‘International Law of Peace’ covers topics on the nature, history and function of international law; relationship between international and municipal law; fundamental principles of international law; sources of international law; law of international organizations; law of treaties; subjects of international law; diplomatic and consular immunities; jurisdiction of states; law of the sea; law of air and outer space; state succession; state responsibility; international trade law; contemporary theories of international law.
The course in ‘Legal Controls of International Conflict’ covers topics on prohibition of force in international relations; peaceful settlement of international disputes; laws of war; commencement and termination of hostilities; general control of armed conflicts; neutrality; chemical and biological weapons and international law; nuclear weapons and international law; international humanitarian law; international criminal tribunals; humanitarian assistance and humanitarian intervention; international human rights laws; legal controls of international terrorism; international refugee law; international environmental law; economic aspects of armed conflict; aerial warfare; sanctions in international law; UN Peacekeeping Operations etc. humanitarian laws and armed conflict; general controls of armed conflict; legality of weapons; neutrality; sanctions against armed conflict.
The M.A. Optional Course titled ‘Human Rights and World Order’ covers philosophical and legal foundations of human rights; entangling human rights with world politics; international human rights standards; modalities for the implementation of human rights; some major problems in human rights implementation; and the ways for strengthening the machinery for the protection of human rights.
The ILS plans to introduce a post-graduate (LL.M.) programme in law, the proposal of which has been submitted to the University Grants Commission.
Student Profile
The Division admits about 10 students per year at the M.Phil. level of the M.Phil./Ph.D. programme. In the past five years, it has awarded M.Phil. degrees to over 35 students. During the course of the programme, many of our M.Phil. students have got lucrative jobs, while many others have joined other universities, both Indian and foreign, to pursue further studies. Some have joined the bar. Therefore, the number of students registered for the Ph.D. programme is much less, and in the past five years 10 students have been awarded Ph.D. degrees.
Many of the students who have successfully completed the M.Phil./Ph.D. programmes occupied high positions in academia, University administrations, Government, International Organizations and NGOs.These positions include those of Rector at JNU, legal advisors and legal officers in government (External Affairs, Civil Aviation, Environment and Forests, Social Justice, Law and Justice, and Parliamentary Secretariat), advisors to foreign governments and embassies, legal counsel before the International Court of Justice, consultants to UN, members of Indian delegation to some of the international legal conferences, high officials in the legal wings of international organizations such as Asian-African Legal Consultative Organisation, UNHCR, UNEP, WIPO, WWF-India, teachers in various universities in India, and legal practitioners in India and in USA.
Research Activities
a. List of research areas
Students and faculty of the Division are actively engaged in research on different aspects of international law and these research areas include Law of International Organization, Human Rights Laws, NGOs, International Environmental Law, India’s practice in International Law, International Trade Law, International Economic Law, International Business Law, Law of the Sea, Maritime Law, International Courts and Tribunals, WTO Law, International Patent Law, Satellite Communications, Disarmament, International Terrorism, Humanitarian Laws of Armed Conflicts, Refugee Law, International Air and Space Law, International Water law and so on.
b. List of research projects (department and/or collaborative with other institutions) for the last 5 years
Prof. Yogesh K. Tyagi
“Effectiveness of the Dispute Settlement Clauses of Indo-Japan Joint Venture Agreements” (The Japan Foundation, 1999-2000).
Prof. B.S. Chimni
1.“Sustainable Development and WTO” for WWF, 1999.
2.Indo-Dutch (IDPAD) project(through ICSSR) on “Development of a Legal Framework for Co-operation Between India, Nepal and Bangladesh on the Management of the Water Resources of the River Ganga Basin”, 1998-2001.
Prof. Bharat H. Desai
1.“Strengthening Environmental Legislation in India”, Asian Development Bank/Ministry of Environment & Forests, September 1999.
2.“Invasive Species: Legal and Institutional Framework”, IUCN Environmental Law Center, Bonn, December 1999.
3.“Large Dams: Legal and Institutional Issues”, World Commission on Large Dams/American University International Legal Studies Program, Washington D.C., August 2000.
4. Bonn Open Lecture 2005 by Prof. Dr. Bharat H. Desai on 26th October 2005.
5. Pdf file of the print version of the lecture published in prestigious journal Environmental Policy & Law (IOS Press, The Hague).
6. Creeping Institutionalization Multilateral Environmental Agreements & Human Security.
Press clippings:-
Necessity of carving out a institutional structure for environmental governance, the present crisis about UNE and misconceptions about the role of UNEP - Indian Express, New Delhi on September 21, 2007.
Proposal for upgradation of the United Nations Environment Programme (UNEP) - The Hindu on August 23, 2007.
Dr.V.G.Hegde, Associate Professor
Hegde V.G, “Intellectual Property Rights and Territorial Notions of Creativity” Paper presented at the Inaugural Conference of the Law and Social Science Research Network, Jawaharlal Nehru University, 8th – 11th January, 2009 New Delhi (to be published);
Hegde V.G. (2007), “Intellectual Property Rights and African-Asian States” in the Special Commemorative Volume on International Law, Asian African Legal Consultative Organization (AALCO) see www.aalco.org.
Hegde V.G, “State Practice 2007 – India” in Asian Year Book of International Law (Martinus Nijoff, The Hague, 2009) to be published.
Hegde V.G. (2005), “ India and International Patent System” in Bimal Patel (ed) India and International Law, Koninklijke Brill NV, Leiden, The Netherlands;
Hegde V.G. (1998) “Patenting Life Forms: National and International Perspectives”, Indian Journal of International Law, (38)4, pp. 99-110;
Findings and Conclusions of the WTO Panel on India Concerning Patent Protection for Pharmaceutical and Agricultural Chemical Products: A Critique, Paper presented to Annual Conference of the India Society of International Law, March 1998.
Hegde V.G. (1997) “Evolving Regime of Intellectual Property Rights: A Critique of the TRIPs Formulations and Its Implications to Indian Patent System” Productivity Journal of National Productivity Council, Special Issue on IPRs) (38) p.345;
Examination of the Merits of Alternative For a for International Arbitration such as UNCITRAL, World bank, WTO and ICC, A study prepared under the auspice of the Indian Society of International Law, New Delhi (1996);
Research Project
Impact of Nationality Laws on Creation of Statelessness in post Independent India – a project for the United Nations High Commissioner for Refugees (UNHCR), New Delhi (2007- ongoing). The preliminary study has already been submitted.
c. Research Infrastructure (if any)
The Division has an Environmental Law Documentation Centre under the Jawaharlal Nehru Chair in Environmental Law. Since its establishment in 1989, more than 5 books, 22 articles and 15 compilation of legal documents have been produced under the guidance of the Chair. The Documentation Centre under the Chair has a collection of various UN documents, materials published by international and national organizations, legal documents and select books, all relating to various aspects of environmental law.
d. List of national/international conferences organized by the Centre in the last 5 years
1.Final Meeting of the Core Group of the UNEP Study on Environmental Dispute Avoidance and Settlement, New Delhi, from 7 to 8 January 1999.
2.Third Meeting of the International Group of Experts on Environmental Dispute Avoidance and Settlement, New Delhi, from 4 to 7 January 1999.
3.Workshop on “Environment Protection Legislation” organized for National Environment Commission, Bhutan, from 15 to 16 February 2001.
4.Training Programme on “Environmental Legislation in South Asian Countries” from 10 to 15 December 1995.
5.Workshop on “Approaches to Environmental Legislation, Regulation and Standards in SAARC Countries” from 4 to 15 January 1994.