Department of Jurisprudence and International Law

The history of Legal Theory and modern schools of the thought concerning the nature, origin and function of law in the society; tort; contract; quasi-contract and restitution, crime (in relation to morals), negligence, recklessness, strict liability, vicarious liability, mistake, malice, abuse of rights, public policy.

(i) General aspects of international institutions, definition, development, sources, functions and types (ii) Non-Comprehensive International Institutions; Judicial International Institutions with special reference to the Permanent Court of Arbitration and the International Countries to these courts. Organization, of functions, Jurisdiction, Procedure Awards, Judgments. Advisory opinions and Execution. Administrative International institution with special reference to pre- 1714 International Unions and International rival Organization. (a) Functions, membership organization and powers. Quasi-Legislative International Institutions with special reference to conferences and the relevant aspects of International Labour Organization. Functions, Membership, Organization, Jurisdiction and Powers, Attitude of developing counties to these institutions.

Economics sovereignty, the co - existence of sovereign economics; extra territorial effect of economic legislation. Immunities from economic sovereignty. Economic and fiscal aspects of the immunities of the state organs and state property. Economic aspects of "territorial" extra-territorially. Exemptions from territorial jurisdiction, free zones and free post. Economic unions; freedom of navigation; freedom of the seas and claims to the continental shelf. The problems of international economic public policy. The principles of international economic law on the level of international institutions, international law and underdevelopment (i) Standard of International Economic Law Function; the minimum standard; the standard of reciprocity; the most-favoured-nation standard. The standard of national treatment. The standard of economic good-neighbourliness. The inter-play of standards. The circumvention of standards. The standard within the framework of the United Nations. The standard of International Economic Laws on the level of International Institutions. (ii) International Economic Transactions General principles. Economic aspects of transactions (with special reference to and continuity of States). Unilateral Acts. Treaties of commerce agreements. Communications, Barter Agreement. Loans, monetary and payment agreements. Bilateral agreements on nuclear energy. Foreign aid convention. Mutual defence assistance agreements. Double taxation conventions. State bankruptcy. Financial guarantees. Techniques of international financial control. The International Economic Law of Tort (with special reference to the Cairo clause). International Economic Criminal Law.

Attention will be focused on the law relating to natural resources development and foreign investment; emphasis will be placed no the theories of ownership, control, concessions, joint ventures, service contracts and production in agreements.

(i) Introduction - History and Sources (ii) Delimitation of the relevant areas - internal waters, and territorial sea and the contiguous zone, bays, harbour works and roadsteads, international straits and waterways. The high seas, the continental shelf and exclusive economic zone, the sea bed and sub-soil beyond National jurisdiction (iii) The principle of the freedom of the seas-ordinary and extra-ordinary rights of jurisdiction in time of peace, special reference to piracy and the slave trade, coercive measures short of war, limitations and exemptions. (iv) Uses of the high seas and the sea—bed navigation, fisheries, exploitation of other resources, scientific research and experiments, disposal of radioactive waste, pipe lines, cables, mechanical installations and other uses. (i) Jurisdiction over maritime areas adjacent to the coat the regime of ports and international water, the regime of territorial sea and the contiguous zone, the regime of the continental shelf. The right of hot pursuit, ships in distress. (vi) The legal regime of the high sea, the exclusive economic zone, the continental shelf, and the sea bed and sub-soil beyond National jurisdiction as the common heritage of mankind. (Vii) Fishing rights in the seas, scientific research pollution regulations. (i) Access to the sea for States without sea coast, use of ports and the territorial sea of neighbouring States, rights to sail on the high sea.

(i) Characteristics of War; Cause, Kinds and Ends of War, The Laws of War; the Regime of War; Belligerent; The Armed Forces of the Belligerent; Enemy Character. (ii) The outbreak of war- commencement of war, declaration of war; ultimatum and prohibition of war; acts which begin a war; effects of the outbreak of war. (iii) Warfare on land - land warfare in general; violence against enemy persons; "Treatment of wounded and dead bodies; captivity, appropriation and utilization bombardment; espionage; treason ruses; occupation of enemy territory. (iv) Warfare on sea - sea fare in general; attack and seizure of enemy vessels; appropriation and destruction of enemy merchantman's violence against enemy persons. Treatment of wounded and shipwrecked; espionage; treason ruses; requisitions; contribution, bombardment; interference with submarine telegraphic cables. (v) Air Warfare - Rules before the First World War; the Hagua Rules of Air warfare; Instruments of force In aerial warfare; aerial bombardment and non combatants; attack on enemy civil aircraft and on enemy merchant vessels; liability of civil aircraft to capture (vi) Non-Hostile relations of belligerent - fides etian host servants; different kinds of non-hostile relation, licenses to trade passports safe guards; flags of truce; cartels and cartel ships. A capitulation and simple surrender : armistices. (i) Means of Securing Legitimate Warfare - Complaints, Good Officers and mediators; intervention; Reprisals; Punishment of War Crimes; Taking of Hostages; Compensation.

Maritime law and common law origin of maritime law, admiralty jurisdiction; other special jurisdiction; the public control of shipping and navigation - registration and safety of ships, dealings in ships, such as sale mortgage, liens, the master and the crew, carriage of goods by sea, contracts and documents, parties, bills of lading voyage: charter parties, bills of lading: exclusion and limitation of liability; general average; carriage of passengers. The navigation of ships and safety at sea-collision regulation; lights and shapes. Restricted visibility; steering and sailing rules; notice to mariners: traffic separation schemes, pilots and pilotage; light houses and other aids to navigation; harbours; dock and piers.

Analysis of legal concepts: rights, duties, privileges, immunity, unity, ownership, possession, personality, liberty, etc. The relation of law to morality, justice, religion and ethics; concept of customary law, codification, restatement, unification of customary law, law language, legislation, interpretation of statutes, law and development, law reform.

The course will offer an exposition and analysis of the problems faced by developing countries and transnational companies in the negotiation or review of Copper, oil, timber and national resources exploitation agreements. Theories and practice of nationalization and bases of compensation assessment will be considered alongside technical assistance agreements. Case studies will be made of "concession" agreement signed by countries like Ghana. Indonesia, Liberia, Papua New Guinea, Sierra-Leone and Zambia.

The League of Nations and the United Nations; Functions, Membership, Organization, Jurisdiction, Powers and Procedure. (ii) African Regional Institution: - Regionalism within the universal systems, O. A.U.,O.C. A.M., Arab League, African Technical Organizations, etc. (i) Non-African Organizations: - The Council of Europe, The North Atlantic Treat}' Organization, The Western European Union, European Coal And Steel Community, The European Economic Community, American Organizations.

Law of Economic Warfare: - Economic Reprisals peacetime economic "warfare". The law relating to trading with the enemy. The laws of economic warfare on land and at sea. The international economic law of military occupation (with special reference to the treatment of property and public finance). Rights and duties of neutral powers. The protection of neutral property. War Claims, Restitution, and Reparations. Law of International Economic Institutions: -Representation of economic interest abroad. International adjudication of economic claims, economic and financial unions (with special reference to monetary customs unions, the Geneva agreement of 1774 and the Havana Charter). The Economic and social council (with special reference to the organization of technical assistance. Administrative machinery for the application of international economics sanction). The bank of international co-operation in the field of nuclear energy, non-universal economic organization (with special reference of America states, the organization for economic co-operation and development, the economic commission for Europe, the European communities and the European free trade association. International economic co-operation with soviet orbit. GATT (General Agreement on tariffs and trade 1747). The organization for trade co-operation. Declarations and conventions on economic human right, inter-African Economic Organization.

(i) The legal regime of the ship - nationality of ships, flags of convenience, warships and other government owned ships on non- commercial service, government owned merchant ships, privately owned merchant ships collision, wreck and salvage. Stateless ships and private ships. (ii) The legal regime of crew, passengers and cargo jurisdiction, condition of labour, consular jurisdiction over sea-mean aboard, safety of life at sea. (iii) Rules for securing safety at sea- rules for the prevention of collision at sea, assistance at sea. Load-line convections, pollution, safety of life at sea. (iv) Marine law in the time of war-prize law and prize courts, rules of maritime warfare, the law of maritime neutrality. (v) International maritime institutions - types, functions, organizations and jurisdiction. (vi) Settlement of disputes.

End of war - Termination of war in general modes of termination and cessation of hostilities, subjugation; treaty to peace; effects of treaty of peace; performance of treaty of peace; Neutrality- Development of institution of neutrality and the general for the renunciation of war, neutrality of the United Nations; characteristics of neutrality, different kinds of neutrality; common.

Collision and liability for damage; irrecoverable losses; remoteness of damage and economic loss; limitation of liability; other liability; salvage towage and wreck; marine pollution control; oil pollution. Dumping at sea. Liability for oil pollution; marine insurance indemnity and insurance interests; utmost good faith; types of policies; perils insured against; losses; rights of insurer, assuagement of policies; mutual insurance.

This is required of all candidates for the degree of Master of Laws in the Department. The Thesis may be written in one field of Law or where the need arises, the essay may straddle several fields of law or a field of law and an area in the Social Sciences or Humanities.