POLS 471 INTERNATIONAL LAW. Fall 2013

Transcription

1 POLS 471 INTERNATIONAL LAW Fall 2013 USHA NATARAJAN Department of Law 2091 Abdel Latif Jameel Hall Office Hours Sun 1600h to 1700h Wed 1030h to 1130h The Peters projection map is an area accurate map. Areas of equal size on the globe are also equally sized on the map. The map attempts to rectify past maps that portrayed Europe and North America as much larger than they were in comparison with Asia and Africa. Similarly, the United Nations Charter attempted to rectify past inequalities by declaring the sovereign equality of all states under international law. Above, the Egyptian delegation is depicted with the UN Charter on 26 June 1945 in San Francisco. Egypt was one of the original 50 members of the UN.

2 INTRODUCTION International law is everywhere, influencing the mundane and spectacular aspects of daily life in ways we often do not realize from the regulation of the internet, air traffic and the postal services; to governing the trade of our morning coffee, tea and sugar; from conditioning the birth of new states such as South Sudan; to circumscribing the attempt of Palestinian peoples to realize their right to self-determination; or authorizing international military intervention in Libya; and not authorizing it in Syria. This course introduces students to this ever-expanding discipline, familiarizing students with the fundamentals of international law, its particular language and ways of thinking. The analytical techniques of international law are a helpful complement to those of political science and international relations. Conversely, insights from politics, economics, history and other disciplines are invaluable to understanding the operations of international law and its complicated relationship with global justice. PRESCRIBED TEXTS This syllabus contains a Reading Guide that lists compulsory readings for each class. The syllabus and readings are either downloadable from Blackboard 9.0 or available at the AUC library. The primary textbook for this course is Valerie Epps, International Law (2009, 4 th ed). GRADING POLICY A B C D F <59 A B C D B C D ASSESSMENT You will be graded on the basis of attendance and participation, two assignments, a midterm exam, and a final exam, in the following proportions: Participation & Attendance 10% First Assignment 20% Second Assignment 20% Midterm Exam (closed book) 20% Final Exam (open book) 30% The Midterm Exam is in class on 13 October. It is a closed book exam with multiple choice and short essay questions. The First Assignment is due on 27 October. The Second Page 2 of 10

3 Assignment is due on 10 November. Both assignments are distributed in class and designed to teach particular legal skills. The Final Exam is during the university examination period and is open book. Students may bring books, papers and notes, but no computers, phones or electronic devices. The final exam is comprehensive. CLASSROOM POLICIES Attendance and Participation: Students are expected to attend every class on time and actively participate. 10% of the final grade depends on participation, based on students abilities to intelligently discuss the compulsory readings. Late Assignments: Assignments must be submitted at the start of the class period in which they are due. Late assignments have one mark deducted for every 24 hour period of delay. Examinations: Exams must be taken when scheduled. Make-up examinations are not given. There are no exceptions to this rule. Plagiarism/Cheating: You must attribute all borrowing from other sources. Plagiarism and/or cheating in any form will not be tolerated. University policies will be enforced to the fullest extent. You will receive an immediate failing grade on the assignment. University guidelines can be found at: Mobile phones and laptop computers: The use of mobile phones during class is prohibited. Laptops are permitted to the extent that they do not disrupt the class. Behavior: Students are expected to abide by the Student Academic Conduct Code. Page 3 of 10

4 CLASS SCHEDULE Sun & Wed 1130h to 1245h Waleed C150 Week 1 Wed 4 Sept Introduction; Nature and Sources of Law; How to Read & Brief a Case. Week 2 Sun 8 Sept Sources of Law: Custom. Wed 11 Sept Sources of Law: Custom. Week 3 Sun 15 Sept Sources of Law: Treaties, General Principles, Judicial Decisions & Publicists. Wed 18 Sept Treaties: Definition, Ratification, Entry into Force. Week 4 Sun 22 Sept Treaties: Reservations. Wed 25 Sept Treaties: Interpretation. Week 5 Sun 29 Sept Treaties: Interpretation, Invalidity. Wed 2 Oct Treaties: Termination, Suspension. Week 6 Sun 6 Oct Armed Forces Day Wed 9 Oct Treaties: Succession, Effect of War. Week 7 Sun 13 Oct MIDTERM EXAM Mon 14 Fri 18 Oct Eid el Adha Week 8 Sun 20 Oct Title to Territory: Discovery, Occupation, Conquest. Wed 23 Oct Title to Territory: Cession, Prescription, Accretion. Week 9 Sun 27 Oct Juris: Territory. Nationality, Passive Personality, Protective. 1 ST ASSIGNMENT. Wed 30 Oct Jurisdiction: Universality. Week 10 Sun 3 Nov Jurisdiction: Extradition, Diplomatic Immunity. Wed 6 Nov Jurisdiction: Consular & Head of State Immunities. Week 11 Sun 10 Nov Jurisdiction: International Orgs & Sovereign Immunities. 2 ND ASSIGNMENT. Wed 13 Nov Peaceful Settlement of Disputes: PCIJ & International Court of Justice. Week 12 Sun 17 Nov Peaceful Settlement of Disputes: ICJ & other tribunals. Wed 20 Nov Legal Personality: State Definition, Self-Determination. Week13 Sun 24 Nov Legal Personality: Non-State Actors. Wed 27 Nov State Responsibility: Nature, Minimum Standard. Week 14 Sun 1 Dec State Responsibility: Treatment of Aliens & Property. Wed 4 Dec State Responsibility: Local Remedies, Diplomatic Protection. Week 15 Sun 8 Dec State Responsibility: Attribution. Wed 11 Dec Conclusion & Revision. Tues 17 to Sun 22 Dec FINAL EXAMINATION PERIOD Page 4 of 10

5 READING GUIDE Week 1 Introduction What is international law? What are the sources of international law? How do you read and brief a case? - Valerie Epps, International Law (2009, 4 th ed) 3-5 [henceforth Epps]. - Statute of the International Court of Justice art 38(1). Week 2 Sources of Law: Custom What is custom? What are jus cogens norms? - Epps Hugh Thirlway, The Sources of International Law in Malcolm Evans (ed), International Law (2010) ch 4. - Cases: The Paquete Habana Abdullahi v Pfizer North Sea Continental Shelf Cases Week 3 Treaties: Definition, Ratification, Entry into Force. Can treaties be evidence of customary law? What are the roles of general principles, judicial decisions, and the writings of publicists? What is a treaty? What is the process through which states join treaties? - Epps Malgosia Fitzmaurice, The Practical Working of the Law of Treaties in Malcolm Evans (ed), International Law (2010) ch 6. - Vienna Convention on the Law of Treaties [VCLT] arts 2, 7, 18-24, 26, 27 & 46. Page 5 of 10

6 Week 4 Treaties: Reservations, Interpretation. In what circumstances can reservations be made? What is the Court s rationale in the Genocide Advisory Opinion for modifying the traditional rule regarding reservations? What are the rules of treaty interpretation? - Epps VCLT arts 31, 32, 48, 49, 51-4, 56, Cases: Reservations to the Genocide Convention (Advisory Opinion) DRC v Rwanda, Judge Koroma s Dissenting Opinion Case Concerning Avena & Other Mexican Nationals (Mexico v USA) Week 5 Treaties: Invalidity, Termination & Suspension What are the grounds for treaty invalidity? What is a material breach? Examine the Danube Dam Case closely. What underlies the Court s reluctance to accept Hungary s arguments? What does Danube Dam suggest about defenses for failure to perform? - Epps Cases: Legal Consequences of Continued Presence of South Africa in Namibia (Adv Op) Gabčikovo-Nagymaros (Hungary v Slovakia) (Danube Dam Case) Fisheries Cases (p 87, note only) Week 6 Treaties: State Succession, Effects of War What happens to treaty obligations when a state disintegrates, secedes, separates, loses or gains territory, or changes form in some other way? What is the effect of war on treaties? Is it different for human rights treaties? Page 6 of 10

7 Cases: Application of Genocide Convention (Bosnia-Herzegovina v Yugoslavia) Techt v Hughes Consequences of the Construction of a Wall on Occupied Palestinian Territory Week 7 MIDTERM EXAM Week 8: Title to Territory What are the different ways of acquiring title to territory? How does a state ensure that it keeps title over territory? What is uti possidetis juris? - Epps Cases: Island of Palmas Case Sovereignty over Pedra Branca (Malaysia v Singapore) Islas Malvinas/Falkland Islands Case Study Week 9: Jurisdiction: Bases of Jurisdiction What are the five bases of jurisdiction? In the contemporary globalized economy, what problems may arise if each state starts regulating actions outside their territory that have an effect inside their territory? What is an obligation erga omnes? - Epps Cases: US v ALCOA US v Fawaz Yunis Israel v Eichmann Case Concerning the Arrest Warrant of 11 April 2000 (DRC v Belgium) Page 7 of 10

8 Week 10 Jurisdiction: Extradition, Immunities In Alvarez-Machain, did the court follow VCLT arts 31 & 32? What would have been the consequences and remedies if a breach of treaty was found? What are the principles of diplomatic immunity? Do they apply during armed conflict? What was the court s reasoning for denying Pinochet immunity in some instances, and upholding immunity in others? Do you agree with the decision in Arrest Warrant? Should a sitting US President or Secretary of Defense be able to claim immunity in foreign courts (eg Iraq)? What about former US Presidents or Defense Secretaries? - Epps Cases: US v Alvarez-Machain Case Concerning U.S. Diplomatic & Consular Staff in Tehran Knab v Republic of Georgia Armed Activities on the Territory of the Congo (DRC v Uganda) R v Bartle & Commissioner of Police for the Metropolis (Ex Parte Pinochet) Case Concerning the Arrest Warrant of 11 April 2000 (DRC v Belgium) Week 11: Jurisdiction: Immunities; Peaceful Settlement of Disputes Jurisdiction: What type of immunities do international organizations enjoy? What is the nature of sovereign immunity? Peaceful Dispute Settlement Is there an obligation to peacefully settle disputes? What are some of the main international courts and tribunals? What are the different ways a state can give its consent to the ICJ s jurisdiction? - Epps Cases: Norwegian Loans Case (France v Norway) Military and Paramilitary Activities in and against Nicaragua (Nicaragua v USA) Page 8 of 10

9 Week 12 Peaceful Settlement of Disputes; Legal Personality Peaceful Dispute Settlement: Do you agree with the Court s decision in the Nicaragua Case that it had jurisdiction to decide on the merits of the case? What is the doctrine of forum prorogatum? Legal Personality: What is the definition of a state? What is the right to self-determination? In the Quebec Case, what did the court mean by peoples and the effectivity principle? Would the acceptance of a right to secession lead to or prevent conflict? Would the Court in Nottebohm have ruled the same way if the case had not arisen in the context of wartime allegiances? - Epps Montevideo Convention on the Rights and Duties of States art 1. - Cases: Reference re Secession of Quebec Nottebohm Case (Liechtenstein v Guatemala) Reparations for Injuries Suffered in the Service of the United Nations Week 13 Legal Personality: Non-State Actors; State Responsibility: Minimum Standard How do you understand the legal personality of the UN? What are its principal organs? What is the legal personality of NGOs, MNCs, individuals & other non-state actors? State Responsibility: What is meant by the minimum standard of justice and the principle of equality? - State Responsibility handouts [see Blackboard] - International Law Commission, Articles of Responsibility of States for Wrongful Acts. Page 9 of 10

10 Week 14 State Responsibility Why do developed and developing countries display a clear divide on the issue of state responsibility? What is the local remedies rule? Are there exceptions to this rule? - Cases: Factory at Chorzów (Claim for Indemnity) Case Caire Claim Corfu Channel Case Southern Pacific Properties (Middle East) Ltd v Arab Republic of Egypt Nottebohm Case (Liechtenstein v Guatemala) US Diplomatic and Consular Staff in Tehran Case Military and Paramilitary Activities in and against Nicaragua (Nicaragua v US) Norwegian Loans Case Neer Claim Roberts (United States) v United Mexican States Week 15 State Responsibility & Exam Revision When can acts be attributed to states? Page 10 of 10