INTERNATIONAL TRADE LAW

OBJECTIVES OF THE COURSE

This course has been design to provide detail knowledge of International trade
law. After study of this course students would be able to know the various international
trade regulations which are internationally recognized. As present age is an age of cut
throat economic competitions and various International trade disputes are arising day by
day, after knowing the basics of international trade norms one can easily handle the
international trade problems easily.

UNIT-I – INTRODUCTION

 The Policies and realities of international Trade Law .

 Evolution of World Trade Organization .
 The constitution , structure Power and objectives of WTO
 Most favored Nation treatment .
 Private trade laws
 Tariff and safeguards.

UNIT-II BARRIERS TO INTERNATIONAL TRADE

 Trade related Investment Measures (TRIMS)

 Subsidies countervailing Measures
 Anti-Dumping
 Sanitary and Photo sanitary Measures
UNIT-III- GATT WTO AND OTHER INTERNATIONAL TRADE AGREEMANTS

 Trade in services ( GATS)

 Trade related Aspects of Intellectual Property Rights.(TRIPS)
 Dispute Settlement Process; compensation with ICC,
 Court of Arbitration and other Models
 Impact of WTO and Indian international trade
 Emerging trends in WTO
UNIT- IV- INTERNATIONAL TRADE CONTRACT
 International Sale of goods : Various Forms and Standardization of terms.
 Formation and performance of international Trade Contracts
 Acceptance and Rejection of goods
 Passing off property
 Rights of Unpaid seller
 Frustration of Contract,
UNIT-V- INTERNATIONAL TRADE AND INSURANCE & CONTAINER  
    MANAGEMENT

 Product liability
 Insurance of Exports
 Marine and other Insurance
 Law on carriage of goods by Sea , land and air
 Container transport.
 Pre-shipment Inspection
 Export and Import
 Licensing Unification of International trade law;
SELECTED BIBLIOGRAPHY

 Amn Goyal- WTO in the new millennium 4th edition , 2000

 Bhagirath Lal Das ; The World Trade Organization
 Clive M. Schmitthoft – The Law and Practice of International Trade Law
 M. L. Jhingan, International trade . an introduction
 Lester, Simon - Bryan: World trade law
 Simon Schnitzer : Understanding International Trade Law
 Mishra and Puri : international trade
 World Trade Law (Text, Materials and Commentary), Universal Law Publishing
Co
Elective –I
Elective –II
 Paper- IV- Practical Training - IV:

MOOT COURT EXERCISE AND INTERNSHIP

Moot Court and Internship:
a) Moot Court: Every student shall be required to do at least three moot
courts in a year. The moot court work will be on an assigned problem and it will be
evaluated for written submissions and oral advocacy.
b) Observance of actual trial in two cases at any stage, one Civil and one
Criminal: Students shall be required to attend two trials in the course of the last two or
three years of the studies. They will maintain a record and enter the various steps
observed during their attendance on different days in the court assignment.
c) Interviewing techniques and Pre-trial preparations and Internship diary.
Each student will observe two interviewing sessions of clients at a Lawyer’s Office/Legal
Aid Office and record the proceedings in a diary. Each student will further observe the
preparation of documents and court papers by an advocate and the procedure for the
filing of a suit/petition. This will be recorded in the diary.
d) There will be Viva-Voce examination on all the above three aspects.
e) The students in final semester are required to work as an intern in Legal
Aid Clinic established for the purpose.
This paper will have three components of 30 marks each and Viva Voce for 10
marks.
Detailed Description of the Course:
A) Moot Court - 30 Marks
Requirements:
1. Three Moot Courts in a year
2. Each 10 Marks
3. Moot Courts shall be based on assigned problems to be prepared by the faculty
concerned
4. Evaluation by Principal/Head concerned an advocate and Teacher concerned
5. Out of ten marks allotted for each problem. 5 marks are to be allotted for written
 submissions and five for oral advocacy
(a) Written submissions shall include brief summary of facts, issues involve
provisions of Land agreements, citation, Prayer, etc.,
(b) Marks for oral advocacy may be awarded for communication skills, presentations,
language, provisions of law, authorities quoted court manners, etc.
B) Observance of Trial in Two Cases, one civil and the criminal case - 30 marks
Student has to attend courts to observe one civil and one criminal case minimum and
record his observations step by step of different stages of litigations/proceedings in the
2/3rd year of 3-year Law Course.
This court assignment should be evaluated by an internal Teacher and an advocate
and average be taken. Court attendance shall be compulsory and attendance has recorded
in a register kept therefore. This may be carried under the supervision of a Teacher of the
college.
C) Interviewing Techniques and Pre-trial Preparation and Internship Diary - 30
Marks
Requirements:
1. Each student has to maintain a diary to record interactions with clients, preparation
of documents and court papers.
2. The student should observe two ‘interview sessions’ with clients either in the
Lawyers office or in the legal aid office. This shall be recorded in the Diary. This carries
15 marks.
3. Each student has to observe the preparation of documents and court papers and
record such observance in the diary. This carries 7 1/2 marks.
4. Each student shall observe the procedure for filing suit/petition and record the
same in the diary. This carries 7 1/2 marks.
D) The fourth component of this paper will be Viva Voce examination on all the above
three aspects. This will carry 10 marks.

Books Recommended:
(1) Dr. Kailash Rai: Moot Court Pre-Trial Preparation and Participation in Trial
Proceedings.
(2) Amita Danda: Moot Court for Interactive Legal Education, Gogia Law Agency,
Hyderabad.

(3) Blackstone's: Books of Moots, Oxford University Press.

(4) Mishra: Moot Court Pre-Trial Preparation and Participation in Trial Proceedings.
 LAW OF IMMIGRATION AND CITIZENSHIP
UNIT-I- INTRODUCTION
 Concept of Nationality.
 Difference between Nationality and Domicile.
 Concept of Citizenship.
 Nationality and Citizenship.
 Mode of acquisition of Nationality.
 Loss of Nationality.
 Double Nationality and
 Nationality of married women.
 Statelessness.
UNIT-II- CITIZENSHIP
 International norms of citizenship.
 Kinds of Citizenship ( Double and Single citizenship)
 Commonwealth Citizenship.
 Overseas Citizenship.
 Law of Citizenship of Different countries.
UNIT-III- CITIZENSHIP IN INDIA
 Constitutional Provisions of Citizenship ( Article 5 to 11 )
 Indian Citizenship Act,1955
UNIT-IV- MIGRANTS AND ILLEGAL MIGRANTS.
 Meaning of Migrants and their Rights.
 Difference between Refugees and Migrants.
 Asylum and Extradition.
 Impact of Illegal Immigration.
(Impact on National law and order, economy, Terrorism, on Emergency etc.)
 Role of Embassy in controlling Migration.
 VISA Policy- H1 VISA,
UNIT-V- LAW RELATING TO ILLEGAL MIGRANTS IN INDIA.
 IMDT ACT, 1983.
 IMDT AND FOREIGN ACT.
 The Foreign recruiting Act, 1874.
 Immigration liability Act 2002.
UNIT- COMPATIVE STUDY OF ILLEGAL MIGRANT OF DIFFERENT
COUNTRIES.
 U.S.A., Germany, Canada, France, Italy, Australia, Pakistan etc .

SELECTED BIBLIOGRAPHY

 BARE ACT, INDIAN CONSTITUTION

 INDIAN CITIZENSHIP ACT,1955
 IMDT ACT, 1983.
 IMDT AND FOREIGN ACT.
 The Foreign recruiting Act, 1874.
 Immigration liability Act 2002.
(ALL THE SUGGESTED BARE ACT WILL BE STUDY WITH COMMENTRY)
 Public Health Law
Elective X semester

Objective of the course:-

Health is a basic human right. This has been so recognized in the declaration
made by International Conference on Primary Health Care at Alma-Ata USSR in 1928, to
which India is a signatory. The constitution of India has certain norms to be operative in
the field of Health Care. Coupled with these constitutional norms, there have been many
legislative measures. Even Public Health has not received due attention in Legal Studies.
Purpose of the study is to give special attention over the health legislation. Along
with part –III & IV of the constitution, this course also touches disabled person’ health,
health as a human right, trafficking in drug, the effect of psychotropic substance on the
health, Medical ethics and medical practitioners liability along with the health of a
unborn child to the health of a aged persons has been taken.
Syllabus:
1. Introductory
a. Importance of Public Health
b. Origin of Health Legislation
c. Health regime & WHO
d. Right to Health & Part III & IV of Indian Constitution
e. Population stabilization and Public Health
2. Legal Provisions for Health Care
a. Reproductive Health Care
b. Infants Health care
c. Disabled Health Care
d. Mental Health Care
e. Health Care for working children
f. Aged person & Health Care
g. Health Care for prisoners
 h. Some Social Issue (i.e. Surrogacy, Fetal Disease(AIDS, Hepatitis – B
etc.), Euthanasia, Mal-nutrition )
3. Health Care and Legislation
1. MTP and Abortion
2. Prenatal Diagnostic
3. Food Adulteration
4. Transplantation of human organs
5. Blood Transfusion
4. Health Care and Liability
a. State’s (Pollution, Drug, Quack)
b. Doctor’s (Civil and Criminal)
c. Pharma Company
d. Different Bodies like MCI, DCI, NCI (Primary, Rural and Community
Health care )
5. Health Promotion and Legal Profession
a. Consumer Forms
b. Medico Legal System ( Med-claim and Health Insurance)
c. Global Health Legislation : Need of the Hour
Reference Act
1. Transplantation of Human Organs Act
2. Pre Natal Diagnostic Act
3. MTP Act
4. MCI Act
5. DCI Act
6. NCI Act
7. Consumer protection Act
8. Code of Medical Ethics
9. Blood Transfusion Policy
10. Drugs Act
11. Constitution of India
 LAWS OF INSURANCE
The insurance idea is an old-institution of transactional trade. The age old form of
insurance was the marine insurance. There is nothing like disaster to set men's minds to
work. Consequently, in due course of time fire and life insurance, made their appearance.
Within the last hundred years the insurance principle is being extended wider. Today on
finds insurance cover for accidents, motor vehicles, glass, live stock, crop, burglary and
various other disasters.
Insurance is a device not to avert risks, calamities and disasters; but to mitigate
their rig ours and financial losses. The function of insurance is to spread such loss arising
from risks of life over a large number of persons.
The operational framework of insurance idea is provided by the general principles
of contract. The insurance policy, being a contract, is subject to all the judicial
interpretative Techniques. Besides, the insurance idea has a compensatory justice
component. This brings it in the arena of the law of tort as well. It is even suggested that
a fully grown and developed law of insurance may, if not totally displace, decrease the
significance of the law of tort.
This course is designed to acquaint the students with the conceptual and
operational Parameters of insurance law in the context of the development of the general
principles of law and judicial interpretation to inform the students about the use of law
for the establishment of "just" order in insurance and to develop the appreciative and
evaluative faculties of the students.
UNIT-1
Introduction, Meaning of Insurance, Historical Aspects, Nature of Insurance,
Contract of Insurance, General Principle of Insurance, Proposal policy and Parties,
Characteristics of Insurance, Re-Insurance, Double Insurance, Types Of Insurance, Risk,
Insurance Regulatory Development Authority
UNIT-2
Life Insurance-Meaning, Nature, Scope, Kinds of Life Insurance, General
Principle of Life Insurance policy, Insurance Contract, Person entitled to
Payment, Settlement of claim and Payment of money
UNIT-3
Marine Insurance – Meaning, Nature, Scope, Marine Insurance Policy- Condition
and Express Warranties, Exemption Clauses, Construction of Terms of Marine Insurance
Policy , Marine Insurance Act 1963
UNIT-4
General Insurance-Property Insurance against Fire and Emergency Risk,
Insurance against Third Party Risk, Cattle Insurance, Crop Insurance, The Motor Vehicle
Act1988
UNIT-5
Social Insurance –Meaning, Nature, scope, Essential of Social Insurance Various
kinds of Social Insurance Group Life Insurance, Health Insurance Old Age Insurance,
Unemployment Insurance, Insurance of Weaker Section.

BOOKS RECOMMENDED

1. SHARMA, R.S : INSURANCE PRINCIPLES & PRACTICE

2. MURTY, KS.: : A MODERN LAW OF INSURANCE IN INDIA
3. SRINIVASAN, M.N.: : LAW AND THELIFE INSURANCE CONTRACT
4. JAGANNATHAN, Y.: : SOCIAL INSURANCE IN INDIA
5. BENERJI, B.N.: : LAW OF INSURANCE
6. FREDRICK G. CRANE : INSURANCE PRINCIPLES AND PRACTICE
STATUTES PRESCRIBED:
 THE LIFE INSURANCE CORPORATION ACT 1956
 THE MOTOR VEHICLE ACT 1938
 THE MARINE INSURANCE ACT 1963
 INSURANCE ACT 1938
 EMPLOYEES STATE INSURANCE ACT 1948