NATIONAL LAW UNIVERSITY TRIPURA

MASTER OF LAWS (LL.M.)

COURSE OUTLINE: LAW AND JUSTICE IN GLOBALIZING WORLD
ACADEMIC YEAR 2024-25

NATIONAL LAW UNIVERSITY TRIPURA

COURSE OUTLINE SEMESTER I: MASTER OF LAWS (LL.M.)

“LAW AND JUSTICE IN GLOBALIZING WORLD”

COURSE TEACHER
Dr. Debasree Debnath
Assistant Professor of Law
And
Suchitra Tripura
Ph.D. research Scholar

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 NATIONAL LAW UNIVERSITY TRIPURA
MASTER OF LAWS (LL.M.)
COURSE OUTLINE: LAW AND JUSTICE IN GLOBALIZING WORLD
ACADEMIC YEAR 2024-25
COURSE DISCREPTION
The society without law is inconceivable. The law making is continuous process in the society.
Through various legal theories the concept of law is developed. The present course is to inquire and
investigate law’s relationship to other political, economic and social institutions. Justice is the
outcome when the law is applied. This course is to understand the relationship between law and
justice. The debate on law and justice is an age-old debate which is being increasingly interrogative
in the contemporary times with the advent of globalization. Globalization is a complex process
which is making the world more interdependent. Globalization has stimulated a revival of debates
about law and justice. This course will explore the challenges of globalization to social, political
and economic perspectives on law and justice. In recent times, words like ‘global’, ‘globalization’
and ‘globalism’ have entered common parlance in law as well as in other disciplines. In
contemporary times, as the societies are witnessing rapid growth, there is an increasing debate about
the concept of Law and Justice. These developments have the potential to impact the modern legal
thought and all forms of governance.

OBJECT OF THE COURSE

The course is intended to offer an understanding of the globalization that has brought changes in
international law and international institutions, and in turn, its influence upon constitutional and
legal developments and the idea of law and justice within India. The present course will focus on
the impact of globalization on marginalized groups and understand its impact on ideas of law and
justice through the study of selected themes of environmental justice, labor-related issues, financial
regulation and international trade. The objectives of the course are to:
• study the understanding of the globalization that has brought changes in international law and
international institutions, globalization and the concept of justice and global justice in the
contemporary world;
• study the concept of universality of law and international law and its relationship to other
political, economic and social institutions and the concept of justice;
• understand the Globalization, Law, Justice, Labour and capital;
• understand International Institutions and Impact of Globalization; and
• explore the contemporary issues and challenges of law and justice in the contemporary world.

TEACHING PEDAGODY
• Socratic
• Constructivist
• Collaborative
• Integrative
• Inquiry-based
• Problem-based

EXPECTATION FROM YOU

1. BEFORE CLASS
• Comprehensive Preparation: The instructor is committed to thoroughly reading, studying,
and contemplating the assigned materials. This ensures that they possess a deep understanding
of the content and can provide insights when required.
• Case Familiarity: The instructor is well-versed in the cases and materials to the extent that
they can deliver concise summaries when called upon, facilitating a better understanding of
the subject matter.

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 NATIONAL LAW UNIVERSITY TRIPURA
MASTER OF LAWS (LL.M.)
COURSE OUTLINE: LAW AND JUSTICE IN GLOBALIZING WORLD
ACADEMIC YEAR 2024-25
• Critical Reflection: The instructor engages in reflective analysis, particularly concerning the
arguments presented within the legal opinions. This includes assessing the application of legal
rules to specific facts and considering the broader implications.

2. DURING CLASS
• Engagement and Availability: Throughout the class, the instructor maintains a high level of
attentiveness, availability, and active participation. They are open to discussions and
encourage questions from students.
• Information Mastery: The instructor adeptly locates, organizes, analyzes, synthesizes, and
evaluates information. This includes the identification of both the strengths and weaknesses
in specific legal systems, as well as exploring alternative arguments to address controversies
in the field.
• Effective Communication: The instructor exemplifies effective communication skills, both
orally and in writing, employing the English language as well as visual media to convey
concepts and ideas effectively.
3. AFTER CLASS

• Collaborative Problem-Solving: The instructor supports and guides students in working on

problems assigned to small groups, fostering collaborative problem-solving and learning.
• Discipline-Appropriate Values: The instructor models values, knowledge, skills, and
attitudes appropriate to the discipline, serving as an example of professionalism and expertise.
• Multi-Perspective Problem Solving: The instructor encourages students to address problems
in various contexts, taking into account local, comparative, and international perspectives,
broadening their horizons.
• Encouragement of Personal Reflection: The instructor stimulates personal reflection among
students, urging them to formulate and articulate their own views on the discussed issues and
be prepared to present arguments for their positions.
• Comprehensive Review: The instructor ensures that any assigned materials not covered in
class are reviewed by students to guarantee a complete understanding of the course content.
• Material Summarization: The instructor provides summaries and outlines of course
materials and class discussions, facilitating students' comprehension and retention of the
subject matter.

READINGS
Nancy Fraser, Scales of Justice: Reimagining Political Space in a Globalizing World, John Rawls,
A Theory of Justice, Malcolm N. Shaw, International Law, R.P. Anand, Development of Modern
International Law and India, Martha Nussbaum, Frontiers of Justice: Disability, Nationality,
Species Membership, M.P. Jain, Indian Constitutional Law, Dieter Fleck (ed.), The Handbook of
International Humanitarian Law, Nils Melzer and Etienne Kuster, International Humanitarian Law:
A Comprehensive Introduction, Ben Saul and Dapo Akande (eds.), The Oxford Guide to
International Humanitarian Law, Philip Alston and Ryan Goodman, International Human Rights,
Brian Blakemore and Imran Awan (eds.), Policing Cyber Hate, Cyber Threats and Cyber Terrorism,
P. Ishwara Bhatt, Law and Social Transformation, Lon L. Fuller, The Morality of Law.

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 NATIONAL LAW UNIVERSITY TRIPURA
MASTER OF LAWS (LL.M.)
COURSE OUTLINE: LAW AND JUSTICE IN GLOBALIZING WORLD
ACADEMIC YEAR 2024-25

EVALUATION SYSTEM
The examination system of the University promotes continuous review and ensures transparent
evaluation methods. To get good grades, you will need to do well over a period of time and not
once or twice. In order to promote transparency and objectivity, detailed evaluation report of
project assignments and answer scripts will be given to students for their perusal. The assessment
strategy for thispaper is designed to assess knowledge, skills and understanding in a specialist
area of legal theory and to allow students to develop comparative law methodologies. The
detailed assessment method is given below,

S. No. Assessment Mode (Internal) Marks

1. Research Paper 30
Students will have to demonstrate their ability to
research on an assigned topic and critically evaluate legal
systems and laws.
2. Presentation 15
Students to demonstrate knowledge of legal systems
from comparative perspectives and critical thinking
skills
3. End-Semester Exam 50

4. Attendance 05

Assignment
The students need to work on the assigned project topic which consists of the following segments,
• Introduction
• Research Methodology
• Contents
• Case Law/Judicial Pronouncements
• Analysis and Arrangements
• Conclusion
• Acknowledgements (Footnotes)
• Bibliography

The student will submit his/her paper and make a presentation before class.

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 NATIONAL LAW UNIVERSITY TRIPURA
MASTER OF LAWS (LL.M.)
COURSE OUTLINE: LAW AND JUSTICE IN GLOBALIZING WORLD
ACADEMIC YEAR 2024-25

End semester examination (50 marks): At the end of the semester student will appear(Subject
to the rules of attendance) in End-Term exam for two and half hours and of 50 marks. Students
are strongly advised to read the literature and leading cases from the report which would enable
them to solve the legal problems in the exams as mostof the questions will be problem based.
Students are required to exhibit application and interpretation of knowledge; evaluation of legal
systems and laws.

ACADEMIC HONESTY
Plagiarism and Cheating are strictly prohibited. Plagiarism is defined as taking or using the
thoughts, writings, or inventions of another without acknowledging him/her. It also means using
direct quotations without quotation marks, as well as using the ideas of another without proper
credit. Ask your instructor when in doubt. Cheating is defined as any intent to deceive the
instructor in his or her effort to grade fairly. Anything that can possibly affect the fairness of
grading is cheating, which I interpret to include any collaborative, mischievous, or disruptive
behavior. In this course, pay special attention to gleaning information off theInternet, and do NOT
pass it off as your own, or without proper citation. Learn to paraphrase ideas in your own words.
Do not purchase, borrow, or revise another student's work. Do not “double dip” an assignment
you did in another class to turn itin for this one. Students indulging in such activities shall be
punished according to University rules.
LECTURE PLAN

Modules Lecture Hours [56]

Introduction to Law and Justice 08
International Law and Global Governance 12
Transnational Legal Order and Globalization 12
Balancing Human Rights, Essential Needs and 12
Sustainable Development
Adapting The Doctrine of Precedent in the Evolution of 12
Indian Jurisprudence

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 NATIONAL LAW UNIVERSITY TRIPURA
MASTER OF LAWS (LL.M.)
COURSE OUTLINE: LAW AND JUSTICE IN GLOBALIZING WORLD
ACADEMIC YEAR 2024-25

COURSE CONTENT
INTRODUCTION TO LAW AND JUSTICE

1.1 Historical Introduction to Law and Justice: Enlightenment Traditions and the Conceptions
of Law and Justice; Exploring the relationship between law and the pursuit of justice.

1.2 Theoretical Foundations of Justice: Utilitarianism and Justice; Feminist Notions of Justice.

1.3 Law-Making Power of Different Organs of the State: Understanding the roles and functions
of various state organs (legislative, executive, and judicial) in the creation and enforcement of
laws; Examining the concept of the separation of powers and its significance in the legal
system.

1.4 Modern India, Constitutionalism and Justice: Meaning and Significance of

Constitutionalism in India; Ambedkar and the Idea of Justice; Mahathma Gandhi and the Notion
of Justice.

1.5 Types of Justice: Delving into various dimensions of justice; Compensatory Justice;
Remedying harm and providing restitution; Distributive Justice: Fair distribution of resources
and benefits; Socio-Economic Justice: Addressing economic inequalities; Social Justice:
Fostering equality and fairness in society.

Essential Readings:
• Serena Olsaretti, The Oxford Handbook of Distributive Justice, Ch. 1 (Rawls on Distributive
Justice and the Difference Principle), pp. 13-40, Oxford University Press, Oxford, 2018.
• Nancy Fraser, Scales of Justice: Reimagining Political Space in a Globalizing World, Ch. 2
(Reframing Justice in a Globalizing World), pp. 12-29, Columbia University Press, New
York, 2010.
• Tom Campbell and Alejandra, Theories of Justice, Ch.1 (Two Ways to Think about Justice)
pp. 3-26; Ch. 2 (What do we want from a Theory of Justice) pp. 27-50, Routledge, London,
2012.
• John Rawls, A Theory of Justice, Revised edition, Ch. 2 (The Principles of Justice), pp. 47-
101, The Belknap Press of Harvard University Press, Cambridge, 1999.
• K V Cybil, Social Justice: Interdisciplinary Inquires from India, Ch. 1 (Ambedkar and
Gandhi: Exploring Aporias in Social Justice and Practices), pp. 18-45, Routledge, Oxon,
2019.
• Christopher Woodard, Taking Utilitarianism Seriously, Ch. 7 (Justice and Equality), pp. 137-
162, Oxford University Press, Oxford, 2019.
• Antony Anghie, Imperialism, Sovereignty and the Making of International Law, 1st ed.,
Cambridge University Press, 2004.
Recommended Reference Readings:
• James Crawford, Brownlie’s Principles of Public International Law, 8th ed., Oxford
University Press, 2012, pp. 3-110.
• B. S. Chimni, International Law Scholarship in Post-colonial India: Coping with Dualism, 23
LJIL 23 (2010).

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 NATIONAL LAW UNIVERSITY TRIPURA
MASTER OF LAWS (LL.M.)
COURSE OUTLINE: LAW AND JUSTICE IN GLOBALIZING WORLD
ACADEMIC YEAR 2024-25

EXPECTED LEARNING OUTCOME

1. Students will gain a thorough grasp of the fundamental concepts of law and justice, enabling
them to navigate the complexities of the legal world with clarity;
2. Students will develop a nuanced understanding of how law and justice intersect, allowing
them to analyze the dynamic relationship between legal systems and the pursuit of just
outcomes;
3. By exploring the roles and functions of various state organs in law-making and enforcement,
students will become well-versed in the separation of powers and its crucial role in
maintaining a just legal system; and
4. Students will sharpen their critical thinking and analytical skills through the examination of
essential components of the judicial process and various dimensions of justice, fostering the
ability to assess legal systems and principles from multiple perspectives.

INTERNATIONAL LAW AND GLOBAL GOVERNANCE

2.1 International Legal Frameworks and Institutions: Overview of international law and its
sources; the role of international organizations and treaties in shaping global legal norms.

2.2 Legal Responses to Transnational Crimes: Analyzing transnational crimes and their legal
implications; Extradition; The impact of international criminal law on global justice.

2.3 Counterterrorism and Human Rights: Legal frameworks for addressing terrorism and its
cross-border implications; Balancing security measures with human rights protections; The role
of international cooperation in combating terrorism.

2.4 Protection of Human Rights in a Globalized World: Violation of Human Rights; Trafficking
and Cyber-terrorism.

2.5 Indigenous Law: Social Action in favor of Indigenous/Tribal People; Problem in Reception.

Essential Readings
• Martha Nussbaum, Frontiers of Justice: Disability, Nationality, Species Membership,1st ed.,
2007.
• Malcolm N. Shaw, International Law, 9th ed. Cambridge University Press.
• South Asia Human Rights Documentation Centre, Handbook of Human Rights and Criminal
Justice in India, 3rd ed. 2010, Oxford University Press.
• Mangai Natarajan (ed.), International and Transnational Crime and Justice, 1st ed. 2011,
Cambridge University Press, UK.
• Philip Reichel and Jay Albanese (eds.), The Handbook of Transnational Crime and Justice,
2nd ed. 2013, Sage Publications.
• Dieter Fleck (ed.), The Handbook of International Humanitarian Law, 4th ed. 2021, Oxford
University Press, UK.
• Nils Melzer and Etienne Kuster, International Humanitarian Law: A Comprehensive
Introduction, 1st ed. 2016, International Committee of the Red Cross.

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 NATIONAL LAW UNIVERSITY TRIPURA
MASTER OF LAWS (LL.M.)
COURSE OUTLINE: LAW AND JUSTICE IN GLOBALIZING WORLD
ACADEMIC YEAR 2024-25
• Ben Saul and Dapo Akande (eds.), The Oxford Guide to International Humanitarian Law, 1st
ed. 2020, OUP Oxford.
• Emily Crawford and Alison Pert, International Humanitarian Law, 2nd ed. 2020, Cambridge
University Press.

Recommended Reference Readings

• Maurice Dawson and Marwan Omar (eds.), New Threats and Countermeasures in Digital
Crime and Cyber Terrorism, 1st ed. 2015, Idea Group, U.S.
• Brian Blakemore and Imran Awan (eds.), Policing Cyber Hate, Cyber Threats and Cyber
Terrorism, 1st ed. 2016. Routledge.
• Celeste Murphy Greene, Environmental Justice and Resiliency in an Age of Uncertainty, 1st
ed. 2022, Taylor and Francis Ltd.
• Philip Alston and Ryan Goodman, International Human Rights, 1st ed. 2012, Oxford
University Press, USA.

EXPECTED LEARNING OUTCOME

1. International legal framework and its role in shaping the legal norms;
2. Transnational crimes which have an impact on the global justice system;
3. Legal statutory bodies which deal with terrorism and the security measures with human
rights protection mechanisms;
4. Global organization which tackles and work as a shield towards protecting the human rights
including trafficking and cyber-terrorism;
5. International environmental law and its role in addressing the global environmental issues.

MODULE THREE: TRANSNATIONAL LEGAL ORDER AND

GLOBALIZATION

3.1 Globalization and Central Challenges to Global Justice: Impact on Sovereignty of State;
Impact on Federalism and Democratic law making; Displacement for development.

3.2 Equality: Children, Women and Gender Justice; Concept of Equality in Legal Discourse;
Concept of Patriarchy and Indian Legal System; Feminist Legal Theory and its Application in
Law; Desexualizing Laws against Sexual Offences; LGBT Rights and Struggle in India; Child
Protection and Child Rights.

3.3 Affirmative Action for Disadvantaged Sections of Society: Social Action Litigation for
Social Change; Social Action in favor of Under-trails Prisoners and Differently-abled Persons.

3.4 International Humanitarian Law: Meaning and Concept of International Humanitarian Law
(IHL), Armed Conflict, Role of International Committee of the Red Cross (ICRC) in protection
for the victims of armed conflict.

3.5 Exploring Humanitarian Intervention and the Responsibility to Protect: Geneva

Convention 1949; The role of international cooperation in combating terrorism.

Essential Readings:
• Thomas Pogge, World Poverty and Human Rights, Ethics and International Affairs, Vol. 19,
Issue 1, 2005.
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 NATIONAL LAW UNIVERSITY TRIPURA
MASTER OF LAWS (LL.M.)
COURSE OUTLINE: LAW AND JUSTICE IN GLOBALIZING WORLD
ACADEMIC YEAR 2024-25
• John Rawls, The Law of Peoples, The University of Chicago Press, Vol. 20, No. 1, 1993, pp.
36-68.
• Stuart Corbridge, Development as Freedom: The Spaces of Amartya Sen, Progress in
Development Studies, Vol. 2, Issue 3, 2002.
• Hilaire Bernett, Introduction to Feminist Jurisprudence, 1st ed. 1998, Cavendish Publishing
Limited, London.
• P. Ishwara Bhatt, Law and Social Transformation, 2nd ed. 2022, Eastern Book Company.
• Andrew Byrnes, Mika Hayashi, Christopher Michaelsen, International Law in the New Age
of Globalization, Martinu Nijhoff Publishers.

Recommended Reference Readings:

• Deen K. Chatterjee (ed.), Encyclopaedia of Global Justice, Springer, Netherlands.
• Cynthia Grant Bowman and Elizabeth M. Schineider, Feminist Legal Theory, Feminist
Lawmaking and the Legal Profession, Fordham Law Review, Vol. 67, No. 2, 1998.
• Upendra Baxi, From Human Rights to the Right to be a Human: Some Heresies, India
International Centre Quarterly, Vol. 13, No. 3/4, 1986, pp. 185-200.
• Parmanand Singh, Human Rights Protection through public interest litigation in India,
Indian Journal of Public Administration, Vol. 45, Issue 4, 1999.
EXPECTED LEARNING OUTCOME

1. Globalization and its challenges and constrain while application of global justice;
2. Various modes of reforms in the justice delivery system and will be able to discuss how
legal transplantation contributes to resolving conflicts of laws and meets the demand for
justice in a globalized world;
3. The rule of equality as enshrined in the Constitution of India, the feminist legal theory and
the LGBT rights in the contemporary era;
4. The concept of Public Interest Litigation, the challenges and rights of under-trails prisoners
and differently-abled persons; and
5. Ethical and cultural aspects of legal reception, especially in relation to indigenous legal
systems and human rights.

4.1. Nature and Meaning of Human Rights: Definition; Significance and Historical Perspective
of Human Rights.
4.2. Reforms in Justice Delivery System: Concept of Plea Bargaining; Justice to Victims of crime;
Shift from adversarial system to accusatorial and inquisitorial system; ADRs UNICITRAL
Model.
4.3. Fundamental Human Rights: Right to Food; Shelter; Clothing; Healthcare and Sanitation;
Constitution of India and Human Rights.
4.4. Environmental Protection and Sustainable Development: International environmental law
and its role in promoting sustainable development; the intersection of human rights and
environmental protection in a globalizing world.
4.5 Human Rights in the Context of the Global Environment and Common Resources: Legal
challenges in addressing global environmental issues; Balancing security measures with human
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 NATIONAL LAW UNIVERSITY TRIPURA
MASTER OF LAWS (LL.M.)
COURSE OUTLINE: LAW AND JUSTICE IN GLOBALIZING WORLD
ACADEMIC YEAR 2024-25
rights protections.

Essential Readings
• Upendra Baxi, From Human Rights to the Right to be Human: Some Heresies, Vol. 13, No.
3/4, 1986, India International Centre Quarterly, pp. 185-200.
• Alok Ranjan Chaurasia, Population and Sustainable Development in India, 1st ed. 2020,
Springer Nature, Singapore, pp. 243-253.
• M.P. Jain, Indian Constitutional Law, 8th ed. 2018, LexisNexis, Haryana.
• Malcolm N. Shaw, International Law, 9th ed. Cambridge University Press.
• Pierre Marie Dupuy and Jorge E. Vinuales, International Environmental Law, 2nd ed. 2018,
Cambridge University Press.

Recommended Reference Readings:

• P.M. Bakshi, Public Interest Litigation, 8th ed. 2023, Whytes and Company.
• Amit Kumar Sinha, Human Rights in the Era of Globalization: The Indian Experience, Vol.
12, 2006, Buffalo Human Rights Law Review, pp. 93-138.
• Lavanya Rajamani and Jacqueline Peel (eds.), The Oxford Handbook of International
Environmental Law, 2nd ed. 2021, Oxford University Press.

EXPECTED LEARNING OUTCOME

1. Conceptual Mastery: Gain a clear understanding of human rights and human needs and
their significance.
2. Critical Analysis: Develop critical thinking skills to assess the impact of poverty on
sustainable development and formulate strategies for improvement.
3. Global Perspective: Understand global environmental challenges and their link to human
rights, human needs, and ethical considerations.
4. Ethical and Policy Insights: Explore humanitarian intervention and Responsibility to
Protect (R2P) in the context of human rights and ethics, while learning to formulate relevant
policies.
5. Interdisciplinary Competence: Develop a multidisciplinary approach to problem-solving
and advocacy for a sustainable and rights-based future.

5.1 Rule of Law in a Globalizing World: Concept of Rule of Law in the global world; the
jurisdiction and effectiveness of international courts and tribunals.

5.2 Role of Precedent: Concept of Precedent; Significance of Precedent in the Development of

Law and Society.

5.3. New Dimensions of Judiciary: Judicial Creativity; Judicial Activism and Judicial over –
Activism.

5.4 Issues Affecting Justice Delivery System: Judicial Accountability and Reasoned Decision;
Legislative Reaction; Executive Reaction; Reaction of Public and Media, Judicial Ethics and
Conduct.
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 NATIONAL LAW UNIVERSITY TRIPURA
MASTER OF LAWS (LL.M.)
COURSE OUTLINE: LAW AND JUSTICE IN GLOBALIZING WORLD
ACADEMIC YEAR 2024-25

5.5 Role of Dissent: Concept of Dissent in the Development of Law and Society; Significance of
dissent opinion.

Essential Readings:
• M.P. Jain, Indian Constitutional Law, 8th ed. 2018, LexisNexis, Haryana.
• Lon L. Fuller, The Morality of Law, 1st ed. 1969, Yale University Press.
• Mark Tushnet, Taking the Constitution Away from the Courts, 1st ed. 1999, Princeton
University Press.
• Friedman Barry, The Will of the People: How Public Opinion Has Influenced the Supreme
Court and Shaped the Meaning of the Constitution, Vol. 52, Issue 2, 2012, American Journal
of Legal History.

Recommended Reference Readings

• Richard A. Posner, The Problems of Jurisprudence, Harvard University Press, 1990.
• H.L.A. Hart, The Concept of Law, 3rd ed. 2014, Oxford University Press.

EXPECTED LEARNING OUTCOME:

1. Comprehensive Understanding of Legal Evolution: Students will gain a deep

comprehension of how the rule of law adapts to globalizing societies and appreciate the
historical and contemporary factors that influence legal development.

2. Critical Thinking and Analysis Skills: Through exploring the role of precedent, judicial
activism and dissent, students will enhance their critical thinking and analytical abilities
enabling them to evaluate legal issues from multiple perspectives.

3. Awareness of Justice System Challenges: Students will become aware of the multifaceted
challenges affecting the justice delivery system, fostering a heightened sense of the
complexities involved in ensuring equitable access to justice.

4. Ethical and Professional Standards: An understanding of judicial ethics and conduct will
equip students with the knowledge necessary to appreciate the ethical underpinning of the
legal profession and the broader implications for society.

5. Appreciation of Legal Dynamics in a Global Context: This course will cultivate an

appreciation for the interplay between precedent, judicial actions, systemic challenges and
dissent within a globalizing world equipping students with a more profound understanding
of the legal landscape in a rapidly changing global society.

Wish you a good luck!

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