Uganda Christian University School of Law International Law 1 Course
UGANDA CHRISTIAN UNIVERSITY
FACULTY OF LAW
BACHELOR OF LAWS – THIRD YEAR, FIRST SEMESTER
|
COURSE TITLE: |
INTERNATIONAL LAW I |
|
COURSE CODE: |
BLAW3106 |
|
CONTACT HOURS: |
SIX HOURS PER WEEK (FOUR HOURS – LECTURE |
|
LECTURERS: |
SESSIONS, TWO HOURS – TUTORIALS) |
|
TIMOTHY BRYAN MASIKO, JOSHUA JOSEPH NIYO |
|
|
TUTOR: |
GAD WILSON |
|
EMAILS: |
tbmasiko@gmail.com; jniyo@ucu.ac.ug; |
|
|
wilsongad@gmail.com |
1.COURSE DESCRIPTION:
This course is the Public International Law branch of the general regime of International law. It introduces students to the law, principles, and the rules governing relations between states primarily, between states and international persons, and between other international persons. The study of this course-unit, also provides the basic foundations for the understanding of the branches of Public International Law, which include: International Humanitarian Law, International Refugee Law, International Criminal Law, and International Human Rights Law.
2.PURPOSE AND OBJECTIVES OF THE COURSE:
2.1.General Purpose
Public International Law has a background as well as a contemporary presence. The study of this course provides the necessary grounding in the history of the issues of the global legal order, and analyses and examines prevailing issues of legal relevance on the international plane. Indeed, an appreciation of the prevailing international matters, and an informed assessment of them, based on the relevant law is more than valuable in this course-unit.
Additionally, based on the character of the Law Faculty and the University as a whole, the course-unit will seek to inspire the students to think and consider more intently, the application of the Christian Faith, biblical principles, and other related concepts, in the understanding of the nature and application of Public International Law.
2.2.Specific Objectives this Semester
At the end of this course, a student should be able to:
1
1)Demonstrate a good understanding of the nature and development of Public International Law.
2)Comfortably explain the sources of Public International Law, while appreciating their nature and application (especially the two primary sources namely Custom and Treaty).
3)Appreciate the conceptions of the interplay between international and municipal law, and advise on the application of international law in national jurisdictions.
4)Demonstrate a proper understanding of the varied subjects of Public International Law; from the traditional state subjects, to the other more complex international personalities.
3.READINGS IN THE COURSE:
3.1. Required Readings
The Required Readings in this course will be the centre of the discussions during the main lecture sessions. Students are strongly advised to read this material in preparation for class sessions. The lecture sessions will take on a discussion-type and interactive style; it will therefore, be critical for students to be ready to provide valuable input into these engagements. These readings will be particularly helpful in understanding the course and will be highly favourite areas for the examination.
3.2.Other Readings
The Other Readings in the course will provide additional background reading for the students. These readings will not necessarily be required for the lecture sessions, but would provide the diligent student with a deeper and more wholesome understanding of the principles discussed in a particular topic. From time to time, however, the lecturer may point out which of these readings should be read, depending on the nature of the classroom discussions. But, please note, that these additional readings will be important in providing depth to a student’s understanding and may make the difference between an average and an excellent student in the examination and beyond. Please endeavor to read these additional materials in preparation for the examination and for a more solid understanding of the principles.
3.3.Cases
Particular cases for focus are indicated in the Outline as well. The Tutor, may, from time to time, provide additional cases for your reading. You will be required to read and make summaries of them for purposes of a beneficial discussion during the tutorials. The tutorials will focus on expanding your understanding of the application of Public International Law, through an effective digestion of the cases. However, these cases may be discussed generally in the lecture sessions and in detail as well, where the lecturer instructs so and sees the need for the lecture sessions to engage in such a discussion. The Casebook: D.J. Harris, Cases and Materials on International Law, 6th Edition, Sweet and Maxwell, London, 2004, will be pivotal for a general overview of the cases, but, students, where required,
2
will need to read the full version of the cases summarized in that Casebook.
General Note:
All materials listed in the Weekly Schedule, are available via an email account that will be set up for the purposes of this course, if not available in the UCU Library. Endeavour to check the email for the reading material before every class, in case the information is not available in the UCU Library.
With regard to websites mentioned in the readings, please endeavor to access the Internet and locate the required readings stated. However, many of the treaties and other similar instruments can easily be accessed on the Internet.
Considering the numerous cases on the list, the Tutor will guide the class on how to read the cases, particularly collectively, in order for every student to have a proper understanding of the cases indicated.
4.CONTACT HOURS AND COURSE DELIVERY:
Lectures for this course will be conducted twice a week for a two-hour period, complemented by tutorials held once a week for two hours. Therefore the total contact hours for this course will be six per week. You must attend at least 90% of all the lectures and tutorials throughout the semester to qualify for the exam at the end of the semester.
This course involves a blend of theoretical concepts and their practical application in day-to-day international relations and municipal affairs. It should be noted that this outline is not an exhaustive representation of the content to be covered during the semester. Similarly, students should not expect to rely on handouts and notes from the course leaders, as these will be few and far between.
The course will be run in a discussion format with active, informed participation from students. Students will be encouraged to clarify and sharpen their legal and ethical perspectives on international and global problems and to critically assess other people’s perspectives. It is therefore imperative that adequate preparation be done before each class, based on the readings allocated for each week.
5.PUBLIC INTERNATIONAL LAW AND CHRISTIAN CONCEPTS:
The lecture sessions will also explore the faith action points and Christian concepts in the nature and application of Public International Law. Specifically, the following four areas will be the subjects of continual engagement in the lecture sessions:
1)The Biblical Foundations in the early formative years of Public International Law.
2)The informative nature of Christian and biblical ethics in the sources of Public International Law, particularly, in the notion of general principles of law recognized by civilized nations, and the formation and
3
crystallization of customary international law.
3)In the discussion of the conceptions of international and municipal law, an engagement on the comparison of these concepts with the Law of God and the conduct of man in his organized societies will be explored.
4)Biblical concepts on personality and self-determination will be discussed. Further, a discussion on the role of Christian leadership in international institutions will be explored.
6.COURSE CONTENT:
6.1. Outline of Topics
For this semester, the course will focus on: The Nature and Development of Public International Law; The Various Sources of Public International Law; The Law of Treaties; Public International Law and Municipal Law; The Subjects of Public International Law; State Succession; International Institutions; and the United Nations.
6.2The Weekly Schedule
Week One: GENERAL INTRODUCTION OF THE COURSE AND CONTENT
Required Readings:
http://www.nytimes.com/2013/12/31/world/africa/uganda- fighting-in-south-sudan.html
http://www.independent.co.uk/news/world/middle-east/isis- makes-further-advances-in-syria-while-west-vacillates-over-iraq- 9670037.html
http://www.theguardian.com/world/2014/apr/11/ukraine- russia-crimea-sanctions-us-eu-guide-explainer
http://www.vox.com/cards/israel-palestine/gaza-israel-hamas- 2104
Areas of Discussion:
General Introduction to the modalities of the Course. A discussion of the contemporary issues relating to Public International Law, i.e., the situations in South Sudan, Syria and Iraq, Ukraine, and Israel and Palestine.
Week Two: NATURE AND DEVELOPMENT OF PUBLIC INTERNATIONAL LAW
Required Readings:
Malcolm N. Shaw, International Law, 6th Edition, Cambridge University Press, Cambridge, 2008, pp. 1 – 42.
4
Other Readings:
Andrew Clapham, Brierly’s Law of Nations, 7th Edition, Oxford University Press, Oxford, 2012, pp. 1 – 23.
Emilie M. Hafner-Burton, David G. Victor and Yonatan Lupu, ‘Political Science Research on International Law: The State of the Field’, The American Journal of International Law, Vol. 106, No. 1 (January 2012), pp. 47-97.
Case Readings:
The Asylum Case (Columbia V. Peru) 1950 ICJ Rep. 15.
Areas of Discussion:
Historical Development (Early Origins, Middle Ages, and Renaissance, The Doctrine of Sovereignty, International Law Theorists – Positivism and Naturalism, The Nineteenth Century (Eurocentric International Law), and the Twentieth Century (Era of World Wars))
Week Three: SOURCES OF PUBLIC INTERNATIONAL LAW (I)
Required Readings:
Article 38(1) of the Statute of the International Court of Justice.
Malcolm N. Shaw, International Law, 6th Edition, Cambridge University Press, Cambridge, 2008, pp. 69 – 93.
John B. Bellinger, III, William J. Haynes II, ‘A US government response to the International Committee of the Red Cross study Customary International Humanitarian Law’, International Review of the Red Cross, Vol. 89 No. 866, June 2007, p. 443.
Jean-Marie Henckaerts, ‘Customary International Humanitarian Law: a response to US comments’, International Review of the Red Cross, Vol. 89 No. 866, June 2007, p. 473.
Other Readings:
Andrew Clapham, Brierly’s Law of Nations, 7th Edition, Oxford University Press, Oxford, 2012, pp. 57 – 63.
Case Readings:
1.The Paquette Habana, 175 U.S. 677 (1900)
2.Island of Palmas Cases (Second Phase) (Ethiopia/ Liberia v South Africa) 1996 ICJ Rep. (Opinion of Judge Tanaka)
3.The Asylum Case, (Colombia v Peru) 1950 ICJ
5
4.The Lotus Case (France v Turkey) 1927 PCIJ at pp. 100
5.Anglo-Norwegian Fisheries Case, 1951 ICJ at pp. 116.
6.North Sea Continental Shelf Cases (Denmark/Netherlands v Federal Rep. of Germany) 1969 ICJ 3
7.West Rand Central Gold Mining Co. v R, (1905) 2 KB 391 at 407.
8.The Right of Passage over Indian Territory Case, (Portugal v India) (1960) ICJ at pp. 6.
9.Chorzow Factory Case, 1928 PCIJ, Series B, No. 6, at pp. 36.
10.Corfu Channel Case, 1949 ICJ at p. 4.
11.Nuclear Tests Cases, 1947 ICJ Reps. at pp. 253.
12.Barcelona Traction Case (Belgium v Spain) 1970 ICJ Reps. at pp. 3.
Areas of Discussion:
What are the Sources of Public International Law – Is there a hierarchy of laws? Custom as a Source of Public International Law (opinio juris and state practice). Persistent Objector Doctrine and Acquiescence. Gradual and Instant Custom.
Week Four: SOURCES OF PUBLIC INTERNATIONAL LAW (II)
Required Readings:
Malcolm N. Shaw, International Law, 6th Edition, Cambridge University Press, Cambridge, 2008, pp. 93 – 128.
Antonio Cassese, International Law, 2nd Edition, Oxford University Press, Oxford, 2005, pp. 183 – 197.
Other Readings:
Andrew Clapham, Brierly’s Law of Nations, 7th Edition, Oxford University Press, Oxford, 2012, pp. 55 – 57, 63 – 77.
Giorgio Gaja, ‘General Principles of Law’, Max Planck Encyclopedia of Public International Law, (last updated, May 2013).
Areas of Discussion:
Treaties as a Source of Public International Law. General Principles of Law. Judicial Decisions and Teachings of Highly Qualified Publicists. Primary and Secondary Sources of International Law. Subsidiary Sources of Law, Lex Specialis and jus cogens. The importance of Soft Law as a Source of Public International Law.
6
Week Five: THE LAW OF TREATIES
Required Readings:
Malcolm N. Shaw, International Law, 6th Edition, Cambridge University Press, Cambridge, 2008, pp. 902 – 955.
The Vienna Convention on the Law of Treaties, 1969.
The International Law Commission Guide to Practice on Reservations to Treaties, 2011.
Other Readings:
Andrew Clapham, Brierly’s Law of Nations, 7th Edition, Oxford University Press, Oxford, 2012, pp. 302 – 391.
Areas of Discussion:
Definition of a Treaty. Making of Treaties: Formalities and Capacity of States to conclude treaties; Adoption and authentication of texts; Expressions of Consent to be bound by a Treaty (signature, exchange of instruments, ratification, acceptance, approval or accession); and the Obligation not to defeat the purpose of the Treaty prior to its entry into force. Reservations to Treaties: Definition of a Reservation; Distinction from Interpretive Declarations; Acceptability/Admissibility of Reservations (Not Prohibited by the Treaty, Provided for under Specified Reservations, Compatibility with the Object and Purpose of the Treaty); and Acceptance and Objection to Reservations and the Legal Effects. Entry into force, Application and Interpretation of Treaties: General Rule of interpretation; Supplementary Means of Interpretation. Third States. Amendment of Treaties. Invalidity (Error, Fraud, Corruption, Coercion, Conflict with jus cogens). Termination and Suspension of Treaties and the Respective Consequences.
Week Six: PUBLIC INTERNATIONAL LAW AND MUNICIPAL LAW
Required Readings:
Antonio Cassese, International Law, 2nd Edition, Oxford University Press, Oxford, 2005, pp. 213 – 237.
Other Readings:
Malcolm N. Shaw, International Law, 6th Edition, Cambridge University Press, Cambridge, 2008, pp. 129 – 137.
Andrew Clapham, Brierly’s Law of Nations, 7th Edition, Oxford University Press, Oxford, 2012, pp. 89 – 100.
7
Case Readings:
1.The Parlement Belge (1879) 4 PD 129
2.Unity Dow v The Attorney General (1992) LRC 623
3.Simpson v The Attorney General (1994) 3 NZLR 207 Trendtex Trading Corporation v Central of Nigeria (1977) QB 529.
4.Brazilian Loans Case (France v Brazil) 1929 PCIJ Series A No. 20-21.
5.Paquette Habanal 175 US 677 (1900).
6.Case of certain German Interests in Polish German Interests in Polish Upper Silesia, PCIJ Series A No. 7 at pp. 19.
7.The Lotus Case (France v Turkey) 1927 PCIJ Series A No. 10;
8.Case concerning the interpretation and application of the 1971 Montreal Convention arising from the aerial incident at Lockerbie (Libya Arab Jamahiriya v UK) 1992 ICJ;
9.Case concerning the arrest warrant of April 11 2000 (DRC v Belgium) ICJ Rep. 2002;
10.AG of Israel v Eichman (1961) ILR 5;
11.The Wimbledon (1932) PCIJ Series A/B No. 46 pp. 167.
12.Holmes v Bangladesh Binani Corporation;
13.Compania Naviera Vascongado v Cristina SS (1938) AC 585 AT 496-7.
Areas of Discussion:
Conceptions of the Interplay between the International Order and Municipal Legal Systems: Monistic View; Dualistic Doctrine; and the Monistic Theory. Modalities of Implementation: Automatic Standing Incorporation; and Legislative Ad hoc Incorporation (sometimes called Transformation) (which is comprised of
Statutory Ad Hoc Incorporation, and Automatic Ad Hoc Incorporation). The Conflict between the Statist and the
Internationalist Outlook by States.
Week Seven: SUBJECTS OF PUBLIC INTERNATIONAL LAW
Statehood and Recognition (I)
Required Readings:
Montevideo Convention on Rights and Duties of States, 1933.
Malcolm N. Shaw, International Law, 6th Edition, Cambridge University Press, Cambridge, 2008, pp. 195 – 207, 487 – 530.
Other Readings:
Andrew Clapham, Brierly’s Law of Nations, 7th Edition, Oxford University Press, Oxford, 2012, pp. 139 – 150, 168 – 181.
8
Case Readings:
1.Madzimbamuto v Lardner-Burke (1869) 1 AC 645 at 722-728.
2.Uganda v Commissionner of Prisons Ex parte Matovu (1966) EA
3.Andrew Lutakome Kayiira (1979) HCB
4.Austro-German Customs Union Case (PCIJ) Series A/B No. 41.
5.The Lotus Case (France v Turkey) 1927 PCIJ at pp. 100
6.The Nicaragua Case 1986 ICJ pp. 3 at 135.
7.Corfu Channel Case, 1949 ICJ at p. 4.
8.Case Concerning East Timor (Portugal v Australia) 1995 ICJ 90.
9.Western Sahara Case 1975 ICJ 4.
10.The Legality of the Threat or the Use of Nuclear Weapons (1996) ICJ
Areas of Discussion:
International Legal Personality. States as the Primary Subjects of Public International Law. Creation of Statehood and Self Determination. The Montevideo Criteria of Statehood: a Permanent Population, an Organised Government, Capacity to Enter into Relations with Other States, and a Defined Territory. Territory of States: Territorial Sovereignty, Acquisition of Territory, Effective Territorial Control, the Principle of Uti Possedetis.
Week Eight: SUBJECTS OF PUBLIC INTERNATIONAL LAW
Statehood and Recognition (II)
Required Readings:
Malcolm N. Shaw, International Law, 6th Edition, Cambridge University Press, Cambridge, 2008, pp. 207 – 216, 444 – 472.
Other Readings:
Andrew Clapham, Brierly’s Law of Nations, 7th Edition, Oxford University Press, Oxford, 2012, pp. 150 – 163.
Stefan Talmon, ‘Recognition of the Libyan National Transition Council’, American Society of International Law, Vol 12, Issue 16, 2011.
John Cerone, ‘The UN and the Status of Palestine – Disentangling the Legal Issues’, American Society of International Law, Vol 15, Issue 26, 2011.
Bart M.J. Szewczyk, ‘Lawfulness of Kosovo’s Declaration of Independence’, American Society of International Law, Vol 14, Issue
9
26, 2010.
Jure Vidmar, ‘South Sudan and the International Legal Framework Governing the Emergence and Delimitation of New States’, Texas International Law Journal, Vol. 47, Issue 3, p. 541.
United Nations General Assembly Resolution, A/RES/67/19 on Status of Palestine in the United Nations.
Areas of Discussion:
Fundamental Rights of States: Independence; the Doctrine of Equality of States; Peaceful Co-existence. State Recognition: the Legal Significance of Recognition (is it Declaratory or Constitutive of Statehood, or both?); De facto and De jure Recognition; Difference between State Recognition and Government Recognition; Premature Recognition; Implied Recognition; Conditional Recognition; Collective Recognition; Non-Recognition; and the Withdrawal of Recognition. The Extinction of Statehood.
Week Nine: STATE SUCCESSION
Required Readings:
The Vienna Convention on Succession of States in Respect of Treaties, 1978.
Malcolm N. Shaw, International Law, 6th Edition, Cambridge University Press, Cambridge, 2008, pp. 956 – 1009 (Chapter 17).
Other Readings:
Antonio Cassese, International Law, 2nd Edition, Oxford University Press, Oxford, 2005, pp. 77 – 80.
Andrew Clapham, Brierly’s Law of Nations, 7th Edition, Oxford University Press, Oxford, 2012, pp. 163 – 167.
Menno T. Kamminga, ‘State Succession in Respect of Human Rights Treaties’, 6 European Journal of International Law, 1995, p. 469.
Akbar Rasulov, ‘Revisiting State Succession to Humanitarian Treaties: Is There a Case for Automaticity?’, 14 European Journal of International Law, 2003, p. 141.
Areas of Discussion:
Definition of State Succession. Continuity and Succession. Succession to Rights and Obligations of the Former State, Primarily Treaties: Succession to Localised Treaties (Territorially Grounded Treaties); Succession to Non-localised or Other Treaties (different
10
regime for Newly Independent States – Tabular Rasa or Clean Slate Principle, and Other States – The Principle of Continuity); Succession to International Human Rights Treaties. Succession to Other Aspects of Public International Law: State Assets, Archives and Property, Public Debts, Membership of International Organisations, Private Rights, and Nationality.
Week Ten: OTHER SUBJECTS OF PUBLIC INTERNATIONAL LAW
Other Subjects and an Introduction to International Institutions/Organisations
Required Readings:
Malcolm N. Shaw, International Law, 6th Edition, Cambridge University Press, Cambridge, 2008, pp. 216 – 264, 1282 – 1331 (Chapter 23).
Other Readings:
Antonio Cassese, International Law, 2nd Edition, Oxford University Press, Oxford, 2005, pp. 124 – 150. (Highly Recommended Reading)
The Convention on the Privileges and Immunities of the United Nations, 1946.
The Convention on the Privileges and Immunities of the Specialised Agencies, 1947.
Perusal of the Different Constitutive Documents of the Regional Institutions (particularly the Constitutive Act of the African Union).
Case Readings:
1.Advisory Opinion on reparation for Injuries suffered in the service of the UN, (1949) ICJ 174
2.Advisory Opinion on effect of awards made by the UN Administrative Tribunal (1954) ICJ 47.
Areas of Discussion:
Rationale for the Existence of Other Subjects of International Law. Protectorates and Protected States. Mandated and Trust Territories. The Holy See and the Vatican. The Sovereign Order of Malta. Federal and Confederate States. The International Committee of the Red Cross (ICRC). Insurgents, Belligerents and national Liberation Movements (and the attendant Right to Self Determination). Individuals. International Public Companies and Transnational Corporations. International Organisations.
11
Introduction to International Organisations
Definition and Nature of International Organisations. International Organisations as Subjects of Public International Law (Personality). Legal Nature of International Organisations (Constituent Instruments, Powers and the Principle of Specialty). A Survey of Regional Institutions (Europe, America, Africa, Asia, and the Arab League). Responsibility of International Organisations Versus Liability of Member States. Privileges and Immunities. Succession.
Week Eleven: INTERNATIONAL INSTITUTIONS/ORGANISATIONS (II)
THE UNITED NATIONS ORGANISATION.
Required Readings:
The United Nations (UN) Charter.
Malcolm N. Shaw, International Law, 6th Edition, Cambridge University Press, Cambridge, 2008, pp. 1204 – 1216.
Other Readings:
Andrew Clapham, Brierly’s Law of Nations, 7th Edition, Oxford University Press, Oxford, 2012, pp. 127 – 138.
United Nations Security Council Resolutions 1373/2001, and 1624/2005.
Areas of Discussion:
The Establishment of the United Nations Organisation. The Different Organs of the UN System (The Security Council, the General Assembly and its Subsidiary Organs, The Economic and Social Council and Specialised Agencies of the UN, The Trusteeship Council, the International Court of Justice, and the Secretariat) and their functions. A Brief and Initial Look at the Security Council and Counter-Terrorism Operations.
Week Twelve: SUMMARY OF THE FIRST PART OF THE COURSE,
REVISION, AND GUIDANCE FOR THE EXAMINATION
Come with questions or areas for which you require help, clarity and further discussion.
6.3.Course Evaluation and Assessment System
The award of grades for this course will be based on the following:
•Course work which will be based on individual assessment and consist of least two parts. Students will discuss major topics, principles and cases, which will be the basis for oral assessment out of 15 marks. There will
12
also be a written test that will be graded out of 15 marks. There will be no take home coursework.
•The final exam at the end of the semester will contribute 70% of the final mark.
•Please note that the highest level of academic ethic is expected in this course, and all UCU rules and regulations on examinations and coursework will be followed to the letter.
7.BIBLIOGRAPHY:
Malcolm N. Shaw, International Law, 6th Edition, Cambridge University Press, Cambridge, 2008.
Andrew Clapham, Brierly’s Law of Nations, 7th Edition, Oxford University Press, Oxford, 2012.
Antonio Cassese, International Law, 2nd Edition, Oxford University Press, Oxford, 2005.
D.J. Harris, Cases and Materials on International Law, 6th Edition, Sweet and Maxwell, London, 2004.
Rebecca MM Wallace, Olga Martin-Ortega, International Law, 7th Edition, Sweet and Maxwell, London, 2013.
Ian Brownlie, Principles of Public International Law, 5th Edition Oxford: Clarendon Press, 1998.
Stark J, International Law, Butterworths, London, 1984.
Akehurst M., A Modern Introduction to International Law, 7th Edition, George Allen & Unwin Publishers Ltd, London, 1998.
Ian Brownlie, Basic Documents in International Law.
Note: Try as much as possible to read the most recent editions of International Law Books. Anything from 2008 and above is highly recommended.
Uganda Christian University Bachelor of Laws Courses For Year 1
LLB 1
Uganda Christian University Bachelor of Laws Courses For Year 2
LLB 2
Uganda Christian University Bachelor of Laws Courses For Year 3
LLB 3
Uganda Christian University Bachelor of Laws Courses For Year 4
LLB 4
International Humanitarian Law
Alternative Dispute Resolution