MIDLANDS STATE UNIVERSITY
HISTORY & DEVELOPMENT STUDIES
MODULE OUTLINE/READING LIST
Module Title: HDS 420 International Law
Lecturer: Mr Percyslage Chigora
Office: 42
Tel Ext: 293
Email: , ,
Consultation Hours: by appointment
1. PREAMBLE
The module surveys the law governing the relations between states and to a lesser extent the relationship between states and International Organisations. Normally, individuals and national organisations do not have rights under International Law.
The module begins with analysis of the nature and historical background to international law. This involves a consideration of sources of International Law with particular attention being given to the rules relating to treaties and custom. The issue of how valid treaties come into being and the circumstances under which they may become invalid or be terminated will be considered in detail.
The module will also examine International Court of Justice in detail especially that ICJ is an international court but does not have compulsory jurisdiction. States in dispute have to voluntarily agree to accept the adjudication of the ICJ. This creates problems as to whether International Law is really Law.
A number of topics will be explored to include, acquisition of territories, state succession, conduct of war, law of the sea, human rights and environmental law, and air and space law. Whilst the above cannot be exhaustive of the course it does not least suffice to indicate some of the important themes to be covered.
NB. It is important to note that in this module it is vitally important to read relevant case report.
Requirements
Students taking this module are expected to write an assignment with a minimum of 35 references to be submitted on the 20 March 2009. Pick the assignment from this outline. Only one individual is allowed per question. Register your question with the lecturer before you proceed.
2. INTRODUCTORY LECTURE
This Section seeks to provide an overall view of International Law as a field of study and also providing an overall picture of the main topics in the field. It concludes by highlighting the importance of studying International Law by students in Zimbabwe
a. Why is study of international law of importance to Zimbabwean students?
b. What is the importance of law in any society?
c. Why does the international system require law?
3. CONCEPT OF INTERNATIONAL LAW, HISTORICAL BACKGROUND AND SOURCES OF INTERNATIONAL LAW
This Section examines the concept of Law in general and specifically International Law. It will survey the history and development of international law as well as identifying the sources of International Law.
a. “International Law is not really a form of law. It is at most a form of international morality” Discuss.
b. Define international law how does it differ with all other forms of law?
c. Because of your expertise as an international lawyer, you have been approached by a newly formed state. The state is concerned by sources of law. It wants to know whether there is a hierarchy of sources and how conflicts are resolved if conflicts arise. Provide the advice sought.
d. The problem with classical international law, for the third world is its Western origins. Critically discuss.
e. Distinguish between the Naturalist and positivist schools of international law.
f. International law can be traced back to the start of the modern international system. Discuss.
g. Trace the origins of international law.
h. There is continuing perception that the great powers are the real culprits when it comes to violations of international law in the contemporary international system. Support or refute this contention.
i. Are there any sources of International law? Argue your case.
j. International law, as we know it today can be traced back to the start of modern international system. Discuss.
k. Discuss the contributions to international law theory by Hugo Grotius.
l. The problem of classical international law, especially for the Third world is, it its western origins. Do you subscribe to that notion?
4. INTENATIONAL LAW VERSUS MUNICIPAL LAW
This Section addresses the major theories on the relationship between International Law and Municipal Law. It will also address aspects of public and private international law.
a. Discuss the relationship between international law and municipal law.
b. Define international law. How does it differ with municipal law?
5. STATES, GOVERNMENTS AND RECOGNITION
It examines the concept of the state and government for the purposes of ascertaining the rights and duties of states in international law.
a. Critically discuss the implication of international law on state sovereignty.
b. “States and governments are not synonymous” Is this assertion correct.
c. You have been approached for advise by members of Kuvukiland Liberation Front (KLO). Kuvukiland is a province of Naba state. Kuvukiland is populated by people who are ethnically and culturally distinct from the rest of Naba state. The KLO claims to represent the people of Kuvukiland and controls most of the province as a result of successful struggle (so far) against the government Naba. Advise on whether the right to self-determination under international law applies in the context of Kuvukiland people, and discuss the criteria an entity must satisfy in order to qualify as a sate.
6. JURISDICTIONS AND IMMUNITY FROM JURISDICTION
This section examines the authority of state over natural and juristic persons and property within it. It proceeds to examining the extent to which certain persons and institutions are immune from foreign municipal courts.
a. Discuss the extent to which foreign states and diplomatic agents are immune from jurisdiction of foreign courts.
b. Critically analyse the nature and extent of sovereign immunity.
c. ‘Sovereign Immunity is no longer an absolute concept” Discuss.
d. What is the relationship between immunity and International Criminal Court?
e. Can heads of states be brought under International Criminal Court?
7. THE LAW OF TREATIES
The section grapples issues of conclusion of treaties, invalidity of treaties and their termination.
a. What conditions are necessary for conclusion and entry into of a treaty and what makes treaties invalid and void?
b. Critically discuss the circumstances under which treaties may be void or become invalid.
c. Advise a newly formed state on how it approaches issues of treaties under international law.
8. AQUSITION OF TERRITORIES
This section deals with modes of acquisition of territories and assesses the extent the state is sovereign in so far as the right to exercise therein, to the exclusion of any other state, the functions of a state is concerned.
a. “Under certain circumstances, states may acquire new territory under modern international law”. Discuss.
b. Discuss whether under international law, it is legally possible for states to acquire territory?
c. Distinguish old and new modes of acquiring territories under modern international law.
9. STATE SUCCESSION AND RESPONSIBILITY
The section grapples with issues of the replacement of one state with another in the responsibility for international relations of that territory. It will review state responsibility and the treatment of aliens.
a. People of Western Johore with a population of just over 2 million with a half living abroad as a result of conflict for self-determination with the state of Nazuru. The resolutions passed by the UNGA in 1992 and 1994 affirmed the rights of the people of western Jahore to self-determination. Nazuru claims sovereignty over the territory and vowed to fight any organisation that arises and any state that renders assistance to the people of western Jahore.
Address the following questions:
A1 What recourse should the people of Western Jahore take to get their matter resolved?
A2 What options do the mainland state have to solve the matter in its favour and avoid a break up?
A3 Advise both sides on the feasibility of utilising force under international law.
b. Critically discuss the problems that arise when one state replaces another state as sovereign in respect of a given territory.
c. “Secession may be lawful under international law if its purpose is to give effect to the right to self determination” Discuss.
d. “State responsibility is primarily concerned with the liability of a state in respect of its unlawful treatment of aliens” Discuss.
e. Discuss circumstances under which states can be sued in the domestic courts of other states.
10. PACIFIC SETTLEMENT OF DISPUTES
This section examine the legal and diplomatic methods of dispute settlement, particular attention is given to the International Court of Justice and make speculation on the International Criminal Court.
a. Discuss the circumstance under which the International Court of Justice will have jurisdiction in contentious disputes between states.
b. Discuss and resolve the legal problems arising from the following hypothetical problem:
The people of Tanakaland in Zimbabwe, acting through a national organisation (Tanakaland Liberation Organisation) established by themselves issue a statement in which they assert the right to self-determination by virtue of being distinct people. They further state that their right to self-determination includes the right to establish their own state. The issue is raised by at a meeting in the United Nations Security Council by Senegal one of the non-permanent members of the Security Council. However Zimbabwe denies the right to self-determination in the context of Tanakaland and Zimbabwe as a permanent member of the Security Council vetoes the resolution tabled by Senegal. Other states anxious to win favours from Zimbabwe enters into a treaty to supply weapons and help them coil the separatists and also arrest any such separatists from Tanakaland if found in their countries.
Representatives of Tanakaland Liberation Organisation seek your advice. They wish to institute proceedings against Zimbabwe before the ICJ. They claim that they claim greater part of Tanakaland and they meet the requirements of statehood under international law.
I. Advice as to whether proceedings may be brought against Zimbabwe before the ICJ.
II. Advice on all other legal issues arising from the problem.
c. “Severe limitations on its powers prevent the international Court of Justice from functioning properly”. Discuss.
11. USE OF FORCE
This topic deals with the issue of the use of force and the legality of waging war against a state or a people. At most it assesses the extent to which use of force is acceptable in international law.
a. Discuss the extent to which, if at all, international war is lawful under international law.
b. “International law does not prohibit the use of force against states in all circumstances”. Discuss.
12. INTERNATIONAL ORGANISATIONS
This section deals with existence of international institutions as legal personalities in international law as well the issues they try to address as it pertains international legal personalities particularly states.
a. Critically analyse and discuss the structure and powers of the United Nations Security Council.
b. “The role and powers of the United Nations General Assembly can and ought to be increased” Discuss
c. Discuss the role of international organisations in the context of international law.
d. To what extent do international organisations have rights and duties under international law?
e. Discuss the extent to which the United Nations is a legitimate law making entity in international law.
13. INTERNATIONAL ECONOMIC LAW
This section grapples with legal issues surrounding international economic relations within the framework of International Monetary Fund, the World Bank, and GATT/World Trade Organisation. It will attempt to illuminate on issues of the developing countries’ legal quest for New International Economic Order and the right to development.
a. There is a continuing perception that the great powers are the real culprits when it comes to violations of international law in contemporary international system. Hw valid is this assertion.
14. INTERNATIONAL HUMAN RIGHTS AND INTERNATIONAL HUMANTARIAN LAW
This section deals with main international human right and with minimum rights that an individual is entitled even in times of war.
a. Discuss the extent to which international law is effective in furthering the cause of human rights.
b. “The wholesale violation of human rights by African states makes them the worst violators of international law” Comment critically.
c. Discuss giving concrete examples, the essential differences between international human rights law and international humanitarian law.
d. Discuss the pros and cons of international law tribunal appointed to investigate the cases of genocide in Bosnia and Rwanda.
e. Discuss the salient features of the international humanitarian law.
f. Under what circumstances does abuse of human rights becomes illegal under international law.
15. ENVIRONMENTAL LAW
This section deals with main international environmental instruments.
a. What the main tenets of international environmental law?
b. International environmental law serves no purpose in modern world. Do you agree?
16. AIR, SPACE AND SEA LAW
Every state has the right to use the sea and the air space. This section examines the rules and the regulations that exist as it pertains to the use of the sea and the air space.
a. Discuss the extent to which the Law of the Sea protects interest of coastal states in developing world.
b. Critically discuss the purpose of International Law relating to air space and outer space.
17. INTERNATIONAL CRIMINAL COURT
a. Critically analyse the law governing the conduct of the International Criminal Court.
b. To what extent is a sitting head of state or representative of state liable under international criminal court?
c. Who has the locus standi under the international criminal court?
d. To what extent do non signatories to the ICC liable to the jurisdiction of the court.
e. What constitute international crime under international law?
Reading List
1. MALANCZUK Akehursts Modern Introduction to International Law 7th Edition 1997.
2. BROWNLIE Principles of Public International law Oxford, Oxford University Presss, 5th Edition 1998.
3.DUGARD International Law, A South African Perspective Kenwyn, Juta 1994.
4.SHAW International Law Cambridge, Cambridge University Press 4th Edition 1997.
5.JENNINGS/WATS (EDS) Oppenheim’s International Law 9th Edition 1992
6.CRAWFORD The Creation of States in International Law 1979
7.LININGTON International Law and Border in Southern Africa in Nkiwane (ed) Zimbabwe’s International Borders Harare, University of Zimbabwe Press 1997,page 18.