LECTURE DETAILS
LECTURE 1: Introduction and Sources of International Law
· To introduce the subject of international law
· To set out structure, content and delivery of the module
· To provide an overview of some of the sources of international law
Overview:
Without a single parliament or law-making institution, international law is a drawn from numerous sources. The main sources, treaties, are the subject of Lecture 5. This lecture considers some of the other sources of international law.
· Define what is meant by ‘international law’
· Appreciate some of the key areas to be addressed in the module
· List some of the key sources of international law, assessing their role and impact
READING
Shaw, Chapter 3 - SOURCES
QUESTIONS: Sources of International Law
1. How would you describe the role of custom as a source of international law?
2. What is meant by the term ‘state practice’?
3. What is meant by the term ‘opinio juris’?
4. What is the status of Resolutions of the General Assembly of the United Nations as a source of international law?
5. What is the International Law Commission?
LECTURE 2: Institutions of international law
To identify some of the key institutions involved in international law and to outline their key functions and responsibilities.
On completion of this lecture/seminar students should be able to:
· List a number of the institutions involved in the administration of international law
· Outline their functions, areas of influence and responsibilities
· UN – global responsibility, security and peacekeeping
· Offer some evaluation of their respective effectiveness
Overview:
Formed in the aftermath of World War II, the United Nations is perhaps the key international institution. The UN Security Council and the UN General Assembly are crucial instruments in maintaining global peace and so their structure, organisation and powers must be understood. But apart from the United Nations (UN), there are a number of other key international and intergovernmental institutions (like the EU) which play an important role in various aspects of international law and regulation. This lecture will examine some of the most important institutions and offer an evaluation of their role and effectiveness.
READING
Shaw, Chapter 22 and 23; Pease, Chapter 5.
QUESTIONS: Institutions & the UN
1. What are the key institutions of international law other than the United Nations?
2. Pick any TWO of those institutions and prepare a 5 minute presentation outlining their composition, together with their key roles and functions.
3. What do you consider to be the main benefits of the United Nations?
4. What are the major criticisms of the United Nations?
5. Locate ONE newspaper report or journal article concerning the work of the UN Security Council for discussion.
LECTURE 3: International law and municipal law
This lecture will examine the relationship between international law and municipal law. On completion of this lecture/seminar students should be able to:
· Identify what is meant by the terms ‘international law’ and ‘municipal law’ in the context of this discussion
· Assess the impact of international law and international legal obligations on the domestic legal system
· Identify key areas of tension between the two systems
Overview:
With an increasingly international legal system and so many areas of regulation and enforcement adopting an international perspective, the relationship between international law and municipal law is becoming increasingly complex. Inevitably, some international obligations will conflict with the domestic legal system of a state and the way in which such conflicts are resolved is a key aspect of international law.
READING
Shaw, Chapter 4
LECTURE 4: The state, its territoriality and recognition
To examine the role of the state and ‘statehood’ within international law. To consider the significance of concepts of ‘territory’ in international law. On completion of this lecture/seminar students should be able to:
· Recognise the significance of statehood as the ‘legal personality’ required under international law
· Consider the requirements of ‘statehood’ and recognition
· Recognise the key issues arising from determination of territorial claims
· Assess the rights of states
Overview:
A state must exist and be recognised in order to enforce its rights and obligations under international law. States often change their boundaries and assume responsibility for lands far from their own. The concept of ‘territory’ has existed since countries began to acquire land and declare this part of the state. This lecture considers the concept of ‘statehood’, territory and its role within international law. It discusses the legal effects of recognition.
READING
Shaw, Chapter 5, Chapter 9 and Chapter 10
Questions
1. What is meant by the term ‘statehood’?
2. What issues arise where a new state is founded or created?
3. Why is the issue of recognition so important?
4. How does a new state secure title in its territory?
5. Consider the issues surrounding statehood which arose in relation to the following:
a. Israel
b. Bosnia Herzegovina
c. Belgian Congo
d. Turkish Republic of Northern Cyprus
LECTURE 5: The Law of treaties and conventions and International Court of Justice
This lecture will aim to identify the role of treaties within international agreement and international law. It will also provide an outline of the jurisdiction, composition and procedures of the International Court of Justice. On completion of this lecture/seminar students should be able to:
· Recognise the key attributes of treaties and their status as instruments of international law
· Appreciate how treaties are agreed and implemented
· Understand how the obligations imposed by treaties are enforced
· Discuss examples of particularly significant treaties
· Outline the role of the court within the remit of international law
· Set out the composition of the court and its principal areas of competence
· Cite examples of relevant disputes addressed by the court
Overview:
Unlike the domestic legal system, where there are a number of different mechanisms for the creation of enforceable rights and obligations, treaties are the main instrument for the creation of enforceable international agreements. For this reason, the subject of treaties must be understood. This lecture will consider why treaties are used, together with how they are implemented and enforced, by reference to some key examples. The highest judicial body of the United Nations, the International Court of Justice performs a crucial role in dispute resolution between states. This lecture will consider the development of the court and assess its effectiveness.
READING
Shaw, Chapter 16 and Chapter 19
Questions
1. How would you define a ‘treaty’?
2. Explain the process by which a treaty comes into force?
3. What is ‘ratification’ and how are treaties ratified in the UK?
4. Under what circumstances can a treaty impose obligations on nations which were not parties to the treaty?
5. Explain how treaties can be modified.
LECTURE 6: International Organisations
This lecture will aim to recognise the political and structural role of International Organisations in international relations (IR) and law. On completion of this lecture/seminar students should be able to:
· Understand the concept and significance of International Organisations
· Recognise the key intergovernmental issues and IR theoretical approaches to it.
· Consider IR theoretical approaches to understand the regimes of cooperation
· Outline the concept of international regimes
· Recognise types of regimes and international networks
Overview:
The aim of the lecture is to introduce and bridge the interdisciplinary understanding between international law and international organisations. We will discuss the significance of international regimes and how international organisations actively participate with them to shape the globalized world politics.
READING
Pease, Chapters 1-4.
LECTURE 7: International Organisations: Trade, Security and Development
This lecture will look at the three themes of trade, security and development. Students will be able to assess and ‘read between the lines’ the reasons behind global disparities in trade, security and development – despite international negotiations.
1. The lecture will address the central issue of international security. Through case-studies like Iraq, it probe into how and why international organisations identity international aggression and threats to peace.
2. Examine the accomplishments and challenges of Bretton Woods System in the World economy. Consider World Trade Organisation (WTO) and non-states in terms of handling contemporary trade issues.
3. Examine controversies surrounding the issues of development and the international organisations directly involved.
Overview:
The three-part lecture will summarise the key challenges of trade, security and development in international forums.
READING
Pease, Chapters 5, 6, & 7.
LECTURE 8: Diplomatic and consular relations
To consider the role of diplomacy and diplomatic law. On completion of this lecture/seminar students should be able to:
· Define ‘diplomacy’ and ‘diplomatic’ within the context of international law
· Outline the protections and immunities afforded to diplomatic staff
· Cite relevant examples
Overview:
The diplomat is central to the communication between states and the smooth running of international relations. For this reason, diplomatic staff are afforded a singular status with considerable benefits. This has also led to some serious abuses, leading some to question the current system.
READING
Shaw, Chapter 13 (From page 750 onwards)
LECTURE 9: International environmental law and organisations
This lecture will look at the impact of international law and IOs on the protection of the environment. It will provide an understanding of the measures which are available to ensure compliance with environmental protection provisions. It was als provide a framework to understand the role of international environmental regimes and organisations. On completion of this lecture/seminar students should be able to:
· Appreciate the remit of international law and organisations in matters of environmental protection.
· Outline the role and liability of the state in such matters.
· Outline mechanisms of enforcement.
Overview:
Perhaps the most ‘international’ issue of all is the protection of the environment which truly transcends national borders and requires global cooperation. For this reason, international law places responsibility on individual states to protect against environmental damage and to take responsibility for the actions of their citizens. This involves international agreements which are often difficult to achieve and which may generate conflict between the interests of individual states.
READING
Shaw, Chapter 15; Pease Chapter 8
QUESTIONS: International Environmental Law
1. What are the particular issues facing the international community in relation to the protection of the environment?
2. How would you describe the responsibility of individual states for the protection of the environment?
3. It has been argued that such liability is strict - to what extent is this view justified?
4. Is the state liable for environmental damage caused by its citizens?
5. Outline how international law sought to address the depletion of the ozone layer.
6. How does international law define an ‘international watercourse’?
7. How does international law define an ‘ultra-hazardous activity’?
8. Who is liable for damage caused by accidental oil spillage from ships?
LECTURE 10: International humanitarian law, rights and issues
This lecture will assess the role of international law in the provision of humanitarian protection. It will also provide a basis to understand the function of international protection in instances of conflict or hostility. On completion of this lecture/seminar students should be able to:
· Appreciate the function of international law in the protection of potentially vulnerable groups affected by conflict.
Overview:
With conflict comes a need to protect groups such as prisoners, the wounded and innocent civilians. In terms of international law this is achieved primarily by means of the Geneva Conventions which provide internationally recognised minimum standards of conduct. Such protections are a key function of international law.
READING
Shaw, Chapter 21.
QUESTIONS: International Humanitarian Law
1. Why is the distinction between ‘combatants’ and ‘non-combatants’ significant in international law?
2. What is the subject matter of the First Geneva Convention?
3. What is the subject matter of the Third Geneva Convention?
4. What are the key requirements to qualify a person as a ‘prisoner of war’?
5. What protections are afforded to prisoners of war?
6. Why has the West Bank of Jordan caused problems of interpretation in relation to the application of the Geneva Convention?
7. What is the ‘Law of the Hague’?
8. What sorts of weapons are banned under international law?
LECTURE 11: The law of the sea
This lecture will look at the origins and principles of maritime law. It will also consider specific examples of international legislation which regulate the sea and Maritime activities. On completion of this lecture/seminar students should be able to:
· Understand the basis of the law of the sea.
· Appreciate the concept of territoriality as applied to the sea.
· Understand the relevant provisions applicable to the high seas and seabed.
· Assess specific examples.
Overview:
One of the oldest applications of international law relates to the governance of maritime activity and the use of the sea. As trading nations ventured further from their own waters there was an increasing need for some continuity of legal provision and principle in order to ensure the safe exploitation of coastal waters and the high seas. The concept of territory extends to the sea and this has led to conflict over coastal waters and their resources.
READING
Shaw, Chapter 11
QUESTIONS: Maritime Law
1. How does international law define ‘internal waters’?
2. What was the principle established in the Anglo-Norwegian Fisheries Case?
3. What is the maximum breadth of the territorial sea?
4. Define the ‘right of innocent passage?
5. When does passage cease to be ‘innocent’?
6. Under what circumstances can a coastal state exercise jurisdiction over a foreign ship in the territorial sea?
7. What is the general legal position in relation to the high seas?
8. What are the principal provisions of the 1982 Law of the Sea Convention (Part XI)?
9. Outline the function of the International Tribunal for the Law of the Sea.
LECTURE 12: International Criminal Law
This lecture will outline the international dimension to criminal law. It will also assess the effectiveness of existing tribunals for the prosecution of criminal offences. On completion of this lecture/seminar students should be able to:
• Understand the relationship between domestic and international criminal law.
• Outline recognised areas of criminal responsibility.
• Outline the role and composition of the International Criminal Court.
• Consider specific examples of other relevant courts and tribunals.
Overview:
Although the criminal law is usually a matter for the domestic courts, some issues are considered as fundamental to require international cooperation. This is particularly the case where the issue is one of gross violations of human rights which could not realistically be addressed domestically. In such cases, including allegations of genocide and war crimes, there is a role for some form of internationally administered court or tribunal and we will consider some recent examples in order to assess their role and effectiveness.
READING
Shaw, Chapter 8.
QUESTIONS:
1. Where was the first international criminal tribunal established?
2. Outline the jurisdiction of the International Criminal Court – what types of offences may be tried there?
3. Which states are subject to the ICC?
4. Why is the 1st July 2002 significant?
5. Under what circumstances is the ICC unable to exercise its jurisdiction?
6. How is ‘genocide’ defined under international law?
7. How are ‘war crimes’ defined under international law?
8. How are ‘crimes against humanity’ defined under international law?
9. Read up about the International Criminal Tribunal for the Former Yugoslavia (ICTY) or the International Criminal Tribunal for Rwanda for discussion.
10. How does international law view civil wars?
LECTURE 13: Critical Perspectives on International Law
This lecture will look at the various critical perspectives on International Law. On completion of this lecture/seminar students should be able to:
• Understand the fundamentals of the various critical perspectives on International Law.
• Contextualize the role of law and its impact on people in different parts of the world.
Overview:
This lecture intends to present various critical perspectives on International Law to contextualize the extensive body of international law that has been covered during the semester. It will raise questions that challenge the conventional approach to international law which as we have seen has percolated all levels of human life.
READING
Chimni, B.S. 2006. Third World Approaches to International Law: A Manifesto. International Community Law Review 8: 3-27.
Chimni, B.S. 2007. Past, Present and Future of International Law: A Critical Third World Approach. Melbourne Journal of International Law. 8: 499-515.
Charlesworth, Hilary, Christine Chinkin and Shelley Wright. 1991. Feminist Approaches to International Law. American Journal of International Law 85(4): 613-645.
LECTURE 14: 15 minute Oral Presentations and 5 min Q&A (weighted 20% of the course grade )
Course Review
• To clarify any issues arising from the module
UNDERSTAND EXAM OBJECTIVES
• Appreciate the format and scope of the examination
• Understand the key requirements of the examination questions.
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