LWN158: PUBLIC INTERNATIONAL LAWSEMINAR 1:INTRODUCTION TO PUBLIC INTERNATIONAL LAW:HISTORY & SCOPE

Teaching & Learning Approaches

Weekly seminars:◦ Weekly readings for each topic (readings are either in the textbook or are easily

available online or will be posted in the relevant folder on Blackboard)◦ Overview of key points for each topic◦ Discussion questions◦ Class presentation (where scheduled)

Blackboard site:◦ Information on Assessment, including criteria sheets and upload link for submission◦ Weekly seminar slides and recordings◦ Regular announcements and important information◦ Links to readings and other relevant or interesting material◦ Discussion board

AssessmentItem of Assessment Due Date Weighting

Class Presentation Internal students10 mins + two page outline

On date topic is covered in class as agreed with unit coordinator.

15%

Research Proposal Internal and External students

8 April (week 5) 15%

External Exercise External students

22 April (week 7) 15%

Research PaperInternal and External students

Friday 10 June (End of week following last week of classes)

70%

Class presentations Internal students:

◦ Nominate a week for your presentation◦ Give a 10 minute presentation on a topic relating to that

week’s seminar◦ You may choose a particular issue related to the topic, a

relevant case or a treaty, a recent event that relates to the topic

◦ Provide a 2 page outline of your presentation, including citations for any sources you have relied on

Seminar topics / class presentationsSeminar Topic Date

1 Introduction to Public International Law: History and Scope 3 March

2 Sources of Public International Law 10 March

3 Treaty Interpretation 17 March

4 Sovereignty & Statehood 24 March

5 International Human Rights Law 7 April

6 Use of Force 14 April

7 International Humanitarian Law 21 April

8 State responsibility 28 April

9 Enforcement of international law: ICJ and Security Council 5 May

10 Enforcement of international law: international criminal law 12 May

11 Jurisdiction, Privileges and Immunities 19 May

12 International Refugee Law 26 May

13 Role of International Law in Domestic Law 2 June

Objectives this week: To understand the foundations of public international law, and to consider its history and scope.

To consider the nature of public international law, how it is made and who is bound by it.

To appreciate the theoretical debates surrounding international law

To gain an appreciation of the decision making bodies within the international community, with a particular focus on the United Nations.

Discussion Question 1: What is public international law?

What do you think are its fundamental characteristics?

What is Public International Law?

‘International law is an obligatory regime of principles and rules that regulates the relations among states, and individuals and other non-state actors’ (Triggs)

Rules relate to variety of topics, and regulate all aspects of international relationships, including war and peace, creation and enforcement of treaties, acquisition of territory, protection of citizens, settlement of disputes.

Rules are found in treaties, custom and general principles of law (more on this next week).

Development of Public International Law

• Emergence of concept of statehood – Treaties of Westphalia (1648)

• Growth of international trade

• International dispute resolution

• Use of diplomacy and ambassadors

• International legal scholars – Grotius, On the Law of War and Peace (1625)

• Conquest of the New World and Empire building

• World War I and the League of Nations

• World War II and the United Nations

• Post-war decolonisation

• 11 September, 2001 terrorist attacks

Key features of contemporary public international law• Law created by states to regulate their own behaviour: consensus

based and horizontal in nature.

• Central role of the United Nations, but increasing contribution from regional organisations (European Union, African Union, Organisation of American States, Arab League, ASEAN).

• Includes ‘hard law’ and ‘soft law’ – varying degrees of legal obligation and enforceability.

Contemporary influences on international law

What current events or issues do you think have most influence on international law today? Are there any issues you think present significant challenges for international law?◦ New technology◦ Resource scarcity, growing population and sustainable

development◦ Internal conflicts and civil war◦ New approaches to legal thinking, eg feminist and third

world approaches.

Some hints on using cases

Most cases are from International Court of Justice (ICJ) but some will be from its predecessor, the Permanent Court of International Justice (PCIJ).

ICJ has two areas of jurisdiction: contentious cases and advisory opinions.

Cases can have more than one phase – usually a jurisdiction/admissibility phase and a merits phase.

No doctrine of precedent in international law, but courts nonetheless aim for consistency.

Judgments binding only on the parties to the case.

Judgments of ICJ and PCIJ are available on ICJ website.

Discussion Questions1. To what extent does the balance of international politics affect the

content of international law?

2. What are the strengths and weaknesses of the consensus approach adopted by public international law?

3. Is international law really law?

4. Is international law a Western construct? What alternative perspectives might be necessary in a contemporary context?

5. Describe the functions of the main organs of the United Nations.

Discussion Question : Find a story in the news this week which raises questions of international law. What are the international legal issues which it presents? What international law applies? Is the law being enforced or ignored?