Introduction to Public International Law (POLS 4371)

Spring semester 2018

Instructor: Dr. iur. Nora Salem

Email:

Class times: WU 8:30 – 9:45 am / 10-11:15 in WALEED CP70

Office Hours: Wednesday’s 1:00-2:00 pm (scheduling an appointment 24 hrs in advance is required) in HUSS, Rm. 2013

Course Description

The course offers an introduction to public international law. The primary objective of the course is to provide non-lawyers a comprehensive overview of the fundamental issues of Public International Law. It offers a detailed understanding of the subjects, sources and general principles of international law, then moves on to examine different themes in international law, such as the use of force, settlement of disputes, and State responsibility. To get a practical dimension, each topic will be accompanied with judicial decisions issued by the International Court of Justice (ICJ).

Course Assessment

Midterm25%

Exam30%

Active Participation15%

3-5 Pop-up Quizzes10%

1 Case Analysis (due on 14/03/2018)10%

1 Case Presentation10%

Examination:

It is not possible to take an exam at any other time: you must arrange your schedule so that you can participate.

Active Participation:

University attendance policy applies, meaning if you miss more than 3 classes you fail the course. This course requires active participation, thus mere attendance will not guarantee any of the 10% allocated for participation. If you do not actively participate in class, expect to get no participation grade at all. Participation in class is assessed based on:

  • Reading, comprehension, summary and critical engagement with the reading material.
  • Engagement in class discussions and with comments made by the instructor as well as fellow students.
  • Positive and Respectful Demeanor.

Beyond class participation, each student will be asked at least once to present the reading material within the first 5 minutes of every class. That includes:

  • Summarizing the reading material
  • Critically engaging with reading material
  • Preparing 3 questions which spark class discussion

Pop Quizzes

You will be given 3-5 pop-up quizzes and receive grades for the top 2-4. There are no excuses for missing quizzes (including sickness, car accidents and any other reasons).

Case analysis:

Each student will be asked to submit one written case analysis – that is an examination of an ICJ case. The case analysis is due, in both hard and soft copy, on 14/03/2018 before the case will be presented in class. There are no excuses for failing to submit the case analyses (including sickness, car accidents and any other reasons). Late submission leads to an automatic F.

Case Presentation:

Each student will be asked to represent in a group of three one case decided by the International Court of Justice throughout the semester. The presentation should not take longer than 10-15 min and should entail a hand-out for students. Each student will be assessed individually and is thus responsible for presenting an adequate amount of time and content to be assessed against.

The list of cases will be handed out during the first lecture.

Grading Policy

A 93-100B+ 87-89C+ 77-79D+ 63-67 F <50
A- 90-92 B 83-86 C 70-76 D 50-62
B- 80-82 C- 67-70

Behaviour:

Students are expected to abide by the Student Academic Conduct Code and assist in creating an environment that is conducive to learning and that protects the rights of all members of the University community. Incivility and disruptive behaviour will not be tolerated, will certainly lead to a low participation grade, if not a fail, and may result in a request to leave class and referral to the Office of Student Affairs for discipline.

Plagiarism/Cheating:

Plagiarism and cheating of any kind will not be tolerated. Any assignment which shows evidence of either will receive an immediate fail. See the University guidelines for more details: http://www.aucegypt.edu/academics/integrity/Students/Pages/default.aspx

Class attendance

AUC policy applies, which can be found here: http://catalog.aucegypt.edu/content.php?catoid=20&navoid=850

Note:

“The attendance policy at AUC allows a maximum of the equivalent to three weeks of absences. However, students’ grades may suffer if their absences from any class session cause them to miss any direct assessment activities, unless otherwise approved by the instructor. […]

A student who misses more than the three-week equivalent of class sessions may be assigned a reduced grade for the course including the grade of “F” solely on the basis of inadequate attendance as outlined in the syllabus of the course, or announced and published by academic programs.”

Reading materials

PIL Documents (Int. Conventions and cases):

Since the most important document for this course is the United Nations Charter, all students are expected to bring a hard copy to each class.

UN-Charter

Vienna Convention on the Law of Treaties

Draft Articles on Responsibility of States for internationally wrongful Acts

https://www.law.umich.edu/facultyhome/drwcasebook/Documents/Documents/International%20Law%20Commission%202001%20Draft%20Articles%20on%20State%20Responsibility.pdf

Security Council Resolutions Archive

General Assembly Resolutions Archive

UN Treaty Collection

International Court of Justice

Textbooks

  • Bruno Simma et al., The Charter of the United Nations: A commentary, 3rd edition (2012)
  • Malcolm N. Shaw, International Law, 7th Ed. (Cambridge University Press, 2014)
  • Malcolm D. Evans (ed.), International Law, 3rd Ed. (Oxford: Oxford University Press, 2010)
  • David Harris (ed.), Cases and Materials on International Law, 7th Ed. (London: Sweet & Maxwell, 2010)
  • Gideon Boas, Public International Law (Cheltenham: Edward Elgar, 2012)
    -> Book can be found as pdf on google
  • Max Planck Encyclopaedia of Public International Law (MPEPIL) is an online encyclopaedia,
    (Access through: AUC library website -> Database -> MPEPIL -> enter search word, i.e. ”Sources of Public International Law”)

Since each author has his/her very own style of writing / explaining, it is highly recommended to read into each of the suggested textbooks to find the style that suits your way of comprehension most, as opposed to selecting the shortest textbook, which may take much longer to understand.

The reading materials enlisted under “core reading” should thus be understood as alternative readings of which one is compulsory for you to read, reflect on and comprehend before coming to class. The list of “further readings” intends to draw your attention to additional and / or alternative views.

Research tools:

Max Planck Encyclopedia of PIL [MPEPIL]

UN Audiovisual Library of International Law

Current developments in PIL:

United Nations

Ruwanthika Gunaratne: PIL for students (blog)

American Society of International Law (ASIL)

University of Chicagowww.lib.uchicago.edu/~llou/forintlaw.html

Electronic Database:

HeinOnline (database of legal journal articles):

To be found at: AUC library website -> Database -> HeinOnline -> Law Journal Library [from where you can either look up a journal article via the alphabetical list of law journals; or click on the SEARCH tab -> Field Search -> enter search request].

S Y L L A B U S

Please note that the reading/sessions for the course may be altered during the course of the semester. You need to regularly attend class and check your AUC email account for updates

Session 1 (31/01/2018): Introduction to the Course

Session 2 (04/02/2018): Introduction to Public International Law: Definition, Conceptualization, Distinction & historical background

CORE READING:

  • Shaw, Ch.1 (pp. 1-30)
  • Evans, Ch.1, 2 (pp. 3-53)
  • Harris, Ch.1 (pp.1-15)
  • Boas, Ch.1 (pp. 1-18)

Session 3: (07/02/2018) Subjects of Public International Law: States (Elements of Statehood & its consequences)

CORE READING:

  • Shaw, Ch. 5 (pp. 142-177)
  • Evans, Ch. 8
  • Harris, Ch. 4, 5
  • Boas, Ch. 4 (pp.155-180)
  • Convention on the Rights and Duties of States (inter-American), Montevideo, 26 Dec. 1933, LNTS 165 (1934) 19 [“Montevideo Convention”], available at

Consequences of Statehood:

  • Evans, Ch. 11, pp. 309-333
  • Boas, Ch. 6, pp. 244-278

Session 4: (11/02/2018) Subjects of Public International Law: The Acquisition of Territory & State Succession

CORE READING:

  • Boas, Ch. 4.6 (pp. 180-192)
  • Harris, Ch. 5, pp. 161-197 (i.e. not the entire chapter – just the part on “Title to Territory”)

FURTHER READING:

  • Sharon Korman, The Right of Conquest: The Acquisition of Territory by Force in International Law and Practice (Oxford: Clarendon Press, 1996), Chs. 1 & 2.

Session 5: (14/02/2018) Subjects of Public International Law: Case 1 (ICJ, Advisory opinion, 2010, Kosovo)

Elements of ICJ jurisdiction:

  • Evans, international law, chapter 20, p. 595-613; particularly pp. 610-613 on Advisory Opinion of the ICJ
  • ]

ICJ, Advisory opinion, Kosovo

  • Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo, Advisory Opinion, [2010] ICJ 141.
  • Ralph Wilde, Kosovo (Advisory Opinion), Max Planck Encyclopedia of Public International Law (MPEPIL)

Session 6: (18/02/2018) Subjects of Public International Law: International Organizations

  • Evans, Ch. 9
  • Boas, Ch. 5 (pp.207-225)

Session 7: (21/02/2018) Subjects of Public International Law: The United Nations system (mandate, organs, purposes and principles)

Mandate & Organs:

  • Evans, Ch. 9, pp. 272-276
  • Shaw, Ch. 22, pp. 875-897

UN’s purposes and principles :

  • Nadine Susani, United Nations, Purposes and Principles, 2009, in: Planck Encyclopedia of Public International Law [MPEPIL] (AUC online Library -> Database -> MPEPIL -> United Nations, Purposes and Principles)

Session 8: (25/02/2018) Subjects of Public International Law: Case 2 (ICJ, Advisory opinion, 2010, Reparations for Injuries)

CORE READING:

  • Reparations for Injuries suffered in the Service of the United Nations, Advisory Opinion, ICJ Reports 1949, p. 174

FURTHER READING:

  • “Reparations for Injuries”, Max Planck Encyclopedia of Public International Law (MPEPIL), which is an online encyclopedia, to be found at: AUC library website -> Database -> MPEPIL
  • Harris, Cases and Materials on International Law,7th Edition, p.120-126

Session 9: (28/02/2018) Subjects of Public International Law: Other traditional subjects & expansion to non-traditional subjects

CORE READING:

  • Shaw, Ch. 5 (pp. 178-183)
  • Boas, Ch. 5: (pp.225-242)

Session 10: (04/03/2018) Sources of Public International Law: general overview

CORE READING:

  • Evans, Ch. 4
  • Boas, Ch. 2 (pp.46-65)
  • Ruediger Wolfrum, Sources of international law, MPEPIL online (AUC library website -> Database -> MPEPIL -> ”Sources of international law”)

FURTHER READING:

  • Vienna Convention on the Law of Treaties, 1969, available at Harris, pp. 34-60.

Session 11: (07/03/2018) Sources of Public International Law: Treaty making & termination

  • Evans, 7th edition, Ch. 7, pp. 166-178 (Treaty making); 191-195 (termination of treaty)
  • Boas, Ch. 2 (pp. 52-60; 65-71)

Session 12: (11/03/2018) Sources of Public International Law: Treaty interpretation & reservations / Case 3 (ICJ, Advisory Opinion, 1951, Reservations to the Genocide Convention)

CORE READING:

  • Evans, 7th edition, Ch. 7, pp. 178-191
  • Boas, pp. 60-65

Cases:

  • Reservations to the Genocide Convention, ICJ, Advisory Opinion, [1951] I.C.J. 15
  • Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia-Herzegovina v. Yugoslavia), [1996] ICJ

Session 13: (14/03/2018) Sources of Public International Law: Customary International Law / Case 4 (ICJ, Advisory Opinion, 1996, Legality of the threat of use of Nuclear Weapons) / Case 5 (ICJ, Columbia vs. Peru, 1959, Asylum case)

CORE READING:

  • Boas, Ch. 4 (pp.73-105)
  • Harris, pp. 17-36 and pp. 727-730

Cases:

  • ICJ, Advisory Opinion, 1996, Legality of the threat of use of Nuclear Weapons
  • ICJ, Columbia vs. Peru, 1959, Asylum case

Session 14: (18/03/2018) Sources of Public International Law: General Principles & Secondary sources / Expansion of sources

  • Boas, Ch. 4 (pp.105-115)

Secondary sources:

  • Shaw, Ch. 3, “Other possible sources of Int. Law,” pp.81-90
  • Evens, Ch. 5, “Soft Law in int. law-making”
  • Harris, pp. 52-60 (GA Resolutions; Soft Law, Codification and Progressive Development)
  • Alan Boyle, ‘Soft Law’, in Evans, Ch. 5.
  • For two examples of how sources doctrine is used to determine whether or not a new norm of international has developed (or is developing) see e.g.
  • James T. Gathii, “Assessing Claims of a New Doctrine of Pre-Emptive War under the Doctrine of Sources,” Osgoode Hall Law Journal 43 (2005), 67-103.
  • Thomas M. Franck, “The Emerging Right to Democratic Governance.” American Journal of International Law 86 (1991), 46-91.

Midterm exam (21/03/2018)

Session 15: (25/03/2018) Public International Law vs. Municipal Law

  • Shaw, pp. 129-139 (179)
  • Boas, Ch. 3 (pp.119-132)
  • Harris, Ch. 3

Session 16: (28/03/2018) Use of Force: General Rule: Prohibition

CORE READING:

  • Evans, “The Use of Force and the International Legal Order,” Ch. 11
  • Bruno Simma, The UN-Charter: A Commentary, Vol. 1, Article 2 (4), p. 200-234
  • Oliver Dörr, Prohibition of Use of Force, MEPIL
  • UN Charter, Arts. 2(4), and 33-51, in Harris (Appendix I), or available at

FURTHER READING:

  • Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), ICJ Rep. 2005, Separate Opinions of Judge Simma, paras. 4-15 and Judge Koijmanns, paras. 1-35, available at
  • Christopher Greenwood, “The Concept of War in Modern International Law,” International and Comparative Law Quarterly 36 (1987), 284
  • Michael Reisman and Andrea Armstrong, “The Past and Future of the Claim of Pre-emptive Self-defence,” American Journal of International Law 100 (2006), 525.
  • Treaty between the United States and other Powers providing for the Renunciation of War as an Instrument of National Policy (“Kellogg-Briand Pact”/“Pact of Paris”), Paris, 27 Aug. 1928, available at http://www.yale.edu/lawweb/avalon/imt/kbpact.htm
  • Covenant of the League of Nations, 28 Jun. 1919, 27 LNTS 350; 13 AJIL Supp. 128, 361, Arts. 15-17, available at http://avalon.law.yale.edu/20th_century/leagcov.asp

Spring break 01-09/04/2018

Session 17: (11/04/2018) Use of Force: Exception 1 to Prohibition Art. 51 UN-CH

CORE READING:

  • Bruno Simma, The UN-Charter: A Commentary, Vol. 2, Article 51

Session 18: (15/04/2018) Use of Force: Exception 2 to Prohibition Art. 39 UN-CH

CORE READING:

  • Bruno Simma, The UN-Charter: A Commentary, Vol. 2, Article 39

Session 19: (18/04/2018) Use of Force: Case 6 (ICJ, Nicaragua vs. US, 1986)

  • ICJ, Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v United States of America) (Merits), ICJ Rep. 1986, p. 14, paras. 191-268, in Harris, pp. 730-736; or available at

Session 20: (22/04/2018) Use of Force: Case 7 (ICJ, DRC vs. Uganda, 2005), Case 8 (ICJ, Advisory Opinion, 1996, Legality of the Threat or Use of Nuclear Weapons), Case 9 (ICJ, Advisory Opinion, Construction of the wall)

  • ICJ, Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda), ICJ Rep. 2005
  • ICJ, Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, 1. ICJ Rep. 1996, p. 226
  • ICJ, 2004, Advisory Opinion, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory

25/04/2018 - holiday

Session 21: (29/04/2018) State responsibility

CORE READING:

  • Evans, International Law, Ch. 15, pp. 443 - 476
  • Boas, International Law, Ch. 7, pp.280-306
  • J. Crawford, State responsibility (MPEPIL, uploaded)
  • Harris, Ch. 8
  • Responsibility of States for Internationally Wrongful Acts, ILC Draft Articles (2001), available (with commentary) at

FURTHER READING:

  • Jillian Button, “Spirited Away (Into a Legal Black Hole?): the Challenge of Invoking State Responsibility for Extraordinary Rendition,” Florida Journal of International Law 19 (2007), 531-568.

Session 22: (02/05/2018) State responsibility / Case 10 (ICJ, Iran vs. US, 1981) / Case 11 (ICJ, LaGrande)

CORE READING:

  • Harris, Ch. 12
  • Case Concerning US Diplomatic and Consular Staff in Tehran Case, [1981] ICJ 64
  • LaGrande case

Session 23: (06/05/2018) Settlement of disputes: unilateral & multilateral law enforcement

  • TBD

Session 24: (09/05/2018) Jurisdiction and immunities

CORE READING:

  • Vaughn Lowe and Christopher Staker, “Jurisdiction”, in Evans, Ch. 11
  • Extracts from Attorney-General of the Government of Israel v Eichmann (1961), 36 ILR 5, District Court of Jerusalem, extracts, in Harris, pp. 241-250 (see also Notes),
  • Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v Belgium), ICJ Rep. (2002), p. 3[ff], Joint Separate Opinion of Judges Higgins, Kooijmans and Buergenthal, paras. 21-69, and Separate Opinion of President Guillaume, paras. 12-16, in Harris, pp. 250-257 (plus Notes); or available at

Immunities

CORE READING:

  • Antonio Cassese, International Law, 2nd Ed. (Oxford: Oxford University Press, 2005), Ch. 6, pp. 98-123.
  • R v Bow Street Magistrates Ex P Pinochet, [2000] 1 A.C. 147. House of Lords, extracts, in Harris, pp. 279-284 (see also Notes)

FURTHER READING:

  • Chanaka Wickremasinghe, “Immunities Enjoyed by Officials of States and International Organisations,” in Evans (chapter 13)
  • Amnesty International, ‘Universal Jurisdiction: 14 Principles of the Effective Exercise of Universal Jurisdiction’, available at:
  • Antonio Cassese, “When May Senior State Officials be Tried for International Crimes? Some Comments on the Congo v Belgium Case”, European Journal of International Law (2002), 853-875.
  • Steffen Wirth, “Immunity for Core Crimes? The ICJ’s Judgement in the Congo v Belgium Case”, European Journal of International Law (2002P, 877-893.
  • Steven R. Ratner, “Belgium’s War Crimes Statute: a Postmortem”, American Journal of International Law (2003), 888-897.

Session 25: (13/05/2018) Jurisdiction and immunities / Case 12

  • ICJ, Arrest Warrant Case (see above), Judgement of the Court, paras. 51-76, in Harris, pp. 292-296 (inc. Notes), or available at

Session 25: (16/05/2018) Revision

Exam 19-24/05/2018

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