GFPP 5244: The Politics of International Law
Objective(s) of Course :
Students
are expected to
1. understand the sources, theories and
governing principles of international
law which are
related to political decisions.
2. identifying the main treaties and
conventions in various areas of
international
law which are related to politics.
3. identify the various issues and cases
pertaining to international law from the
perspectives of international politics.
Topics of Lecture
1.0
Introduction to Public
International Law
- Introduction
- Differences
between ‘Public’ and ‘Private’ International law
- Role of
International Law
- Sources
of International Law
a)
International Conventions
b)
International Customary Rules
c)
General Principles of Law
d)
Judicial Decisions
e)
Writing of Publicists
2.0 Theories in International Law
- Realism
- Rationalism
- Constructivism
- Other
theories such as feminism, Marxism and post-modernism and
environmentalism
3.0 State Sovereignty
and
International Organization
·
State as sovereign entity
·
The United Nations and concept of World Government
·
Legal Consequences of the UN Charter
·
Regional Organization
·
Dispute Settlement Mechanism
4.0
Law of Treaties
- Legal
Concept of Treaty
- Circumstances
Giving Rise to Legally Binding Obligation
- Vienna
Convention on the Law of Treaties 1969
5.0 International Human Rights Law
- Universalism
versus Relativism
- Theories
of Rights and Human Nature
- Universal
Declaration on Human Rights 1948 and Regional Treaties
- The
rights to development versus human rights
- Civil and
Political Rights
- Economic,
Social and Cultural Rights
- International
Humanitarian Law
6.0 Law of Arm Conflict and The
Use of Force
- The
concepts of War, Force and Just War
- Self-Defense
- Humanitarian
Intervention
- Collective
Security
7.0
International Criminal Law
- Genocide
and Crime against Humanity
- International
Courts for Yugoslavia, Rwanda
- International
Criminal Court
- Terrorism
8.0
International Trade and
Financial Institutions
·
World Trade Organization
·
International Monetary Fund and the World
Bank
9.0
International Environmental
Law
·
Development of International Environmental Law
·
Compensation and Damages due to Environmental
Pollution and Incidents
· Global Warming
and the Kyoto Protocol
GFLA3124: International Law
Objective(s) of Course :
After completing this course, students should be able to:
Students are
expected to
i.
Demonstrate an understanding contextual
knowledge of international law.
ii.
Understand what and how international law works
in terms of addressing matters of international issues, resolve disputes and
law-making.
iii.
Apply and appreciates international law in
practical context matters concerning international issues.
Topics of Lecture
|
1 The Structure of
International Law
1.1
Introduction
1.2
The history, nature and
perspectives of International Law
1.3
The structures of
International Law
1.4
The relationship between International
Law and Municipal Law
1.5
The issues of
International Law
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2
Sources
of International Law
2.1
Introduction
2.2
The
sources: Article 38 of the Statute of ICJ
2.3
Other
sources:
2.3.1
Unilateral
statements
2.3.2
Resolutions
and Decisions of International Organizations
2.3.3
Soft
Law
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3
The
law of Treaties
3.1
Introduction:
The Vienna Convention of the Law of Treaties 1969
3.2
The inception of treaties
3.2.1
Authority to conclude treaty
3.2.2
Consent
3.2.3
Entry into force
3.3
Scope of obligations
3.3.1
Fundamental rules
3.3.2
Reservations
3.3.3
Interpretation
3.3.4
Third states
3.3.5
Inconsistent treaties
3.3.6
Rules of jus cogens
3.4
The validity, amendment and termination of
treaties
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4 Subjects
of International Law and Legal Personality
4.1
Introduction
4.2
State
& issues of recognition
4.3
International
Organization
4.4
Non-Governmental
Organization
4.5
Individuals
4.6
Other
subjects
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5
State
Sovereignty and Jurisdiction
5.1
Introduction to state sovereignty and
jurisdiction
5.2
The acquisition of sovereignty over
territory
5.3
Jurisdiction & extra territorial
Jurisdictions
5.4
Jurisdiction to Prescribe
5.5
Jurisdiction over aircraft and ships
5.6
Jurisdiction to Enforce
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6 Immunities
from national jurisdiction and diplomatic protection
4
5
6
6.1
Introduction
7
8
9
6.2
State
Immunity
6.3
The
immunities of state representatives
6.4
Diplomatic
immunities and protection
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7 State Responsibility
7.1 Introduction
7.2 The
core principle and elements of state responsibility
7.3 Attribution
of conduct
7.4 Circumstances
precluding wrongfulness
7.5 Consequences
of wrongful conduct
7.6 Who
may invoke for the breach of International Law?
7.7 International
responsibility of International Organization
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8
The
Peaceful Settlement of Disputes
7.1 Introduction
7.2 Negotiation
7.3 Mediation
and good offices
7.4 Inquiry
7.5 Conciliation
7.6 Settlement
by the UN & regional machinery
7.7 Arbitration
7.8 International
Court of Justice
7.9 Advisory
Opinions
7.10 Tribunals
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9. International
Regulation of the Use of Force
9.1
Introduction
9.2
The
UN Charter and the prohibition of the use of force
9.3
Unilateral
Use of Force
9.3.1
Self-defence
9.3.2
Collective
self-defence
9.3.3
Invitation
and civil wars
9.3.4
Humanitarian
intervention
9.3.5
Protection
of nationals at home and abroad
9.3.6
Hot
pursuit
9.4
Collective
Use of Force
9.4.1
UN
&Security Councils
9.4.2
Regional
Organizations
9.4.3
Peacekeeping
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10 Conclusion
10.1
Review
10.2
Reflection
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