INTERNATIONAL LAW UNIVERSITY OF FLORIDA COLLEGE OF LAW LAW 6260, Section 09GD Prof. Berta E. Hernández-Truyol Fall 2015 SYLLABUS

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1 INTERNATIONAL LAW UNIVERSITY OF FLORIDA COLLEGE OF LAW LAW 6260, Section 09GD Prof. Berta E. Hernández-Truyol SYLLABUS Other information regarding the course is available from the "Course Outline" available on the course TWEN page. Unless otherwise indicated, the reading assignments refer to the required casebook. Every student is expected to have completed the assigned readings prior to class. Students also are expected to read additional materials as indicated and as posted on the TWEN page, usually in either pdf or html format. Adobe Reader 6.0 or higher should be used to view pdfs or otherwise you may experience some difficulties. Note: In order to inform the current events discussion with which every class will start, students must read a newspaper daily. As the class focus is international, it is suggested that students read the New York Times, Wall Street Journal, London Financial Times, or some such publication (all of which are available via WestLaw or Lexis/Nexis). It is important every student be prepared and class participation will be considered in grading. I. INTRODUCTION Classes General Information; 9/11 8/17-8/19 Assignment: 59-84; UN Charter art. 2(4) & 51(TWEN); (skim ). Class 4. 8/24 Class 5. 8/25 Class 6. 8/26 What is? Assignment: 1-22 Is Really Law? Assignment: Theory & Methodology Assignment: II. CREATION OF NORMS Class 7. 8/31 Treaties: Formation, Observance, Invalidity, Reservations Assignment: ; Vienna Convention (TWEN); Statute of the International Court of Justice art. 38 (TWEN); prepare question 1, p. 88; Question 3, p. 89 (Denmark v. Norway); Question 4, P. 89 (Nuclear test cases).

2 Class 8. 9/1 Treaties (cont d): Termination, Withdrawal, Jus Cogens; Resolutions Assignment: (including Hungary and Slovakia); Statute of the ICJ art. 38 (TWEN) Class 9. Customary (CIL); International Organizations, NGOs as creators of law; 9/2 General Principles of Law Assignment: (including nuclear weapons case); Class 10. 9/8 Class 11. 9/9 Class 12. 9/14 Class 13. 9/15 Class 14. 9/16 Class 15. 9/21 Class 16. 9/22 Class 17. 9/23 Treaties -- U.S. Law: Articles II and IV Assignment: (including cases: Missouri v. Holland; Reid v. Covert; Bond v. U.S. (TWEN); Verdugo-Urquidez & Boumediene (note 8, p. 163)); U.S. Constitution (TWEN). Treaties as Domestic Law; Self-Executing Treaties, Reservations, Last in Time, Termination Assignment: (including cases: Asakura v. City of Seattle, Medellin v. Texas); On TWEN -- Foster and Elam v. Neilson (excerpt only); U.S. v. Percheman (excerpt only); ICCPR arts. 2, 4-7, 9, 10, 14, 15, 18-20, 26, 41, 42, 50; Breard v. Greene; Vienna Convention arts ; U.S. Senate Resolution on ICCPR Presidential Foreign Relations Power Assignment: (including cases: U.S. v. Curtiss-Wright Corp., Youngstown Sheet & Tube Co. v. Sawyer) Presidential Executive Agreements Assignment: (including cases: U.S. v. Pink, Dames & Moore v. Regan); IEEPA (TWEN) National Emergency Legislation, the War on Terrorism Assignment (including Hamdi, Hamdan) CIL in U.S. Courts Assignment: (including cases: The Paquete Habana, Filartiga v. Pena-Irala); On TWEN -- Alien Tort Claims Act; Torture Victim Protection Act CIL in U. S. Courts (cont d) The Charming Betsy Canon Federalism Assignment: (including cases: (Sosa), (Kiobel) (TWEN) Assignment: (including cases: Crosby v. National Foreign Trade Council; American Insurance v. Garamandi)

3 III. ACTORS IN THE INTERNATIONAL ARENA STATES AND OTHER INTERNATIONAL LEGAL ENTITIES Class 18. 9/28 States and their governments; Recognition Assignment: AJIL Unbound blog: Democratic Legitimacy and Respect for Human Rights: The New Gold Standard by Christina M. Cerna (TWEN) Class 19. 9/29 Class 20. 9/30 Class /5 Class /6 Class /7 Taiwan; State succession Assignment: Territories and other entities; International Organizations, MNCs, NGOs Assignment: International Regional Entities: UN Assignment , UN Draft Declaration on the Rights of Indigenous Peoples (TWEN) International & Regional Entities: IMF, WB, WTO, G7/8, G77 Assignment: ; Regional Entities EU, NATO, OSCE, OAS, AU Assignment: , , IV. FOREIGN SOVEREIGN IMMUNITY AND THE ACT OF STATE DOCTRINE Class 24. Immunity of Foreign States: Absolute, Restrictive, Foreign Sovereign Immunities Act (FSIA) 10/12 Overview Assignment: (including cases: Verlinden B.V. v. Central Bank of Nigeria); U.S. FSIA (TWEN) Class /13 FSIA (cont'd) Entities, Waiver, Retroactivity, Counterclaim Assignment: (including case: Mohamed Ali Samtar v. Bashe Abdi Yousuf, Republic of Austria v Altman) Argentina v. Weltover Class 26. FSIA: Commercial, Non-Commercial Tort, Expropriation, Enforcement of Arbitral 10/14 Agreements Assignment: (including cases: Saudi Arabia v. Nelson, Letelier v. Chile, Risk v. Halvorsen) ; U.S. FSIA (TWEN)

4 Class 27. FSIA: Terrorist Acts, Immunity from Attachment or Execution, Current Status of Immunity 10/19 Outside the U.S. Assignment: (including cases: Murphy) Class 28. Immunity: Embassies and Consulates, Diplomats and Consuls, Head of State; Act of State 10/20 (AOS) through Sabbatino Assignment: (including case: U.S. v. Noriega), (including cases: Banco Nacional de Cuba v. Sabbatino); On TWEN -- Vienna Convention on Diplomatic Relations; Vienna Convention on Consular Relations Class /21 Class /26 AOS Limitations and Exceptions Assignment: (including case: First National City Bank v. Banco Nacional de Cuba; Dunhill) AOS Limitations (cont'd); AOS in Other States Assignment: (including case: W.S. Kirkpatrick & Co. v. Environmental Tectonics Corp.) V. ALLOCATION OF LEGAL AUTHORITY AMONG STATES Class /27 Class /28 Class /2 Introduction, Jurisdiction to Prescribe Public Law; Territory Assignment: (including case Morrison v. National Australian Bank) (TWEN) Territory (Continued) Assignment: (including cases: Hartford Fire Insurance Co. v. California; Hoffman-La Roche v. Empagran) Prescriptive Jurisdiction Nationality; The Cuban Embargo, Protective Assignment: (including case: The Netherlands:... v. Sensor Nederland B.V., US v. Romero-Galue); B.E. Hernández-Truyol, Sanctions & Sovereignty: Analysis of the Embargo Under International Legal Norms, 215 N.Y.L.J. S4 (col. 1) (1996) (TWEN) Class 34. Prescriptive Jurisdiction -- Passive, Universal; Jurisdiction to Enforce and Adjudicate Public 11/3 Law Assignment: (including case: U.S. v. Columba-Collela) Class /4 Choice of Law Private Disputes Assignment: (including case: Pancotto v. Sociedade de Safaris de Mozambique)

5 VI. STATE RESPONSIBILITY-INJURY TO ALIENS AND INTERNATIONAL HUMAN RIGHTS Class /9 Class /10 Class /16 Class /17 Class /18 Class /23 Historical Background; Attribution of Conduct to the State Assignment: Property Rights; Nationality Assignment: Human Rights Introduction Assignment: ; see also Class 16 material on UN organs (TWEN) Human Rights (cont'd) -- Domestic Implementation Assignment: Human Rights (cont'd) -- Regional Systems Assignment: (including case: Schalk and Kopf v. Austria); skim B.E. Hernández-Truyol, Human Rights Through a Gendered Lens: Emergence, Evolution, Revolution, in Women and International Human Rights Law, Vol. 1 (Askin & Koenig eds.), pp (two excerpts: #1, #2 on TWEN) Humanitarian Law; Guantánamo Cases Assignment: ; Review Hamdi & Hamdan (Class 12)