Course: Advanced Issues in International Public Law

Section outline

Select section General

General

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Dear Students! Welcome to our course "Advanced Issues in International Public Law".
This course provides an advanced overview to the main concepts and principles of public international law. It aims at looking at the most challenging aspects of international law by engaging students into the diverse scholarship and sources including primary sources and critical literature on international law. Specific emphasis is made on practical impact of international law into international politics, relations and domestic law. It is structured into three parts. The first part focuses on the foundations of PIL (subjects, sources, principles and relations between international and domestic law). The second part deals with three major areas of PIL, namely the law of treaties, the law of State responsibility and the peaceful settlement of international disputes. The third part will be devoted to some specialized areas of PIL, such as international environmental law, use of force, and the law governing international and transnational dispute settlement.
Class meeting hours: Tuesdays 17:00-18:30 and Saturday 10:00-12:30 (starting from March 4, 2023)
Classes from Week 1 to week 5 are taught by Bholenath
Classes from Week 6 to week 10 are taught by Saniia Toktogazieva
- Select activity Announcements
  
  Announcements Forum
- Select activity Syllabus - Spring, 2023
  
  Syllabus - Spring, 2023 File DOCX
  
  40.6 KB
- Select activity International Law - Malcolm N. Shaw
  
  International Law - Malcolm N. Shaw File PDF
  
  7.8 MB · Uploaded 18/03/23, 09:28
Select section Sources of International Law

Sources of International Law
- Select activity Suggested Readings:
  
  Suggested Readings:
- Select activity 1. Chapter 1 in Shaw, Malcolm. 2008. International Law. 6 ed.
  
  1. Chapter 1 in Shaw, Malcolm. 2008. International Law. 6 ed. File PDF
  
  8.1 MB
- Select activity Sources of International Law
  
  Sources of International Law
- Select activity The ICJ and Unwritten Sources of International Law
  
  The ICJ and Unwritten Sources of International Law File PDF
  
  168.3 KB · Uploaded 4/03/23, 22:56
- Select activity Treaties in Malanczuk P, Akehurst’s Modern Introduction to International Law (Routledge 1997)
  
  Treaties in Malanczuk P, Akehurst’s Modern Introduction to International Law (Routledge 1997) File PDF
  
  2.6 MB
- Select activity Customs - Malcolm N. Shaw
  
  Customs - Malcolm N. Shaw File PDF
  
  7.8 MB · Uploaded 7/03/23, 14:51
- Select activity CASE(S):
  
  CASE(S):
- Select activity The Case of the S.S. Lotus / (France v. Turkey) Co...
  
  The Case of the S.S. Lotus / (France v. Turkey) Country of citizen (P) v. Country claiming jurisdiction (D) Permanent Court of lnt'l Justice. P.C.I.J. (ser. A) No. 10 (1927)
  North Sea Continental Shelf Cases (Federal Republic of Germany v. Denmark; Federal Republic of Germany v. Netherlands) State not a party (D) v. Parties to Geneva Convention (P) I.C.J. 1969 I.C.J. 3.
  Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States) Complaining nation (P) v. Alleged wrongdoer (D) I.C.J., 1986 I.C.J. 14.
  Legality of the Threat or Use of Nuclear Weapons (Advisory Opinion) [Parties not identified.] I.C.J., Advisory Opinion, 1996 I.C.J. 226.
- Select activity Reference Materials:
  
  Reference Materials:
- Select activity Vienna Convention on the Law of Treaties
  
  Vienna Convention on the Law of Treaties File PDF
  
  156.5 KB · Uploaded 7/03/23, 16:05
- Select activity Furundzija, ICTY, Trial Chamber Judgment
  
  Furundzija, ICTY, Trial Chamber Judgment File PDF
  
  382.9 KB · Uploaded 7/03/23, 16:51
Select section International Law and Municipal Law

International Law and Municipal Law

Not available
Select section Subjects of International Law

Subjects of International Law
- Select activity READING(S):
  
  READING(S):
- Select activity Subjects of International Law in Shaw M, International Law (6 edn, 2008)
  
  Subjects of International Law in Shaw M, International Law (6 edn, 2008) File PDF
  
  7.8 MB
- Select activity STATESCASE(S:Tinoco Claims Arbitration (Great Brit...
  
  STATES
  CASE(S:
  Tinoco Claims Arbitration (Great Britain v. Costa Rica) Contracting party (P) v. Restored regime (D) 1 U.N. Rep. lnt'l Arb. Awards 369 (1923).
  Reference Re Secession of QuebecSup. Ct. of Canada 2 S.C.R. 217, 37 I.L.M. 1340 (1 998).
  Frontier Dispute Case (Burkina Faso/Mali) [Parties not identified.] I.C.J.. 1986 I.C.J. 554.
- Select activity State Extinction through Climate Change
  
  State Extinction through Climate Change File
- Select activity Statehood under Water: Challenges of Sea-Level Rise to the Continuity of Pacific Island States
  
  Statehood under Water: Challenges of Sea-Level Rise to the Continuity of Pacific Island States File
- Select activity Climate Change, Rising Seas, and the Loss of Island Nation Statehood
  
  Climate Change, Rising Seas, and the Loss of Island Nation Statehood File
- Select activity The Threat of a Rising Sea Level: Saving Statehood through the Adoption of Uti Possidetis Juris
  
  The Threat of a Rising Sea Level: Saving Statehood through the Adoption of Uti Possidetis Juris File
Select section International Space Law

International Space Law
- Select activity Outer Space Treaty
  
  Outer Space Treaty File PDF
  
  318.5 KB
- Select activity PPT - International Space Law
  
  PPT - International Space Law File
- Select activity Why the United States Space Act of 2015 is Illegal?
  
  Why the United States Space Act of 2015 is Illegal? File PDF
  
  1.3 MB
- Select activity ARTICLE II of OST
  
  ARTICLE II of OST
- Select activity Interpreting Article II of the Outer Space Treaty
  
  Interpreting Article II of the Outer Space Treaty File PDF
  
  1.3 MB
- Select activity Article II of the Outer Space Treaty: Prohibition of State Sovereignty, Private Property Rights, or Both
  
  Article II of the Outer Space Treaty: Prohibition of State Sovereignty, Private Property Rights, or Both File PDF
  
  689.7 KB
- Select activity Non-Appropriation Principles under Attack: Using Article II of the Outer Space Treaty in its Defence
  
  Non-Appropriation Principles under Attack: Using Article II of the Outer Space Treaty in its Defence File PDF
  
  995.8 KB
- Select activity Sovereignty in Space: Finding a Source of Private Property Rights in the Final Frontier
  
  Sovereignty in Space: Finding a Source of Private Property Rights in the Final Frontier File PDF
  
  1.3 MB
- Select activity Interpreting the Outer Space Treaty's Non-Appropriation Principle
  
  Interpreting the Outer Space Treaty's Non-Appropriation Principle File PDF
  
  2.2 MB
- Select activity Legality of Unilateral Exploitation of Space Resources under International Law
  
  Legality of Unilateral Exploitation of Space Resources under International Law File
- Select activity Adequacy of the Current Legal and Regulatory Framework Relating to the Extraction and Appropriation of Natural Resources in Outer Space
  
  Adequacy of the Current Legal and Regulatory Framework Relating to the Extraction and Appropriation of Natural Resources in Outer Space File
- Select activity ARTICLE IV OF OST
  
  ARTICLE IV OF OST
- Select activity The Meaning of Peaceful Purposes in Article IV of the Outer Space Treaty
  
  The Meaning of Peaceful Purposes in Article IV of the Outer Space Treaty File
Select section Additional Topics

Additional Topics
- Select activity Article IX of the Outer Space Treaty
  
  Article IX of the Outer Space Treaty
- Select activity Development of Article IX of the Outer Space Treaty
  
  Development of Article IX of the Outer Space Treaty File PDF
  
  590.0 KB · Uploaded 12/04/23, 12:55
- Select activity Article IX and Planetary Protection
  
  Article IX and Planetary Protection File PDF
  
  553.4 KB · Uploaded 12/04/23, 12:56
- Select activity The Paradox of Article IX
  
  The Paradox of Article IX File PDF
  
  253.9 KB · Uploaded 11/04/23, 16:11
- Select activity History and Analysis of Article IX
  
  History and Analysis of Article IX File PDF
  
  1.5 MB · Uploaded 12/04/23, 12:58
- Select activity Protection of the Space Environment under the Outer Space Treaty
  
  Protection of the Space Environment under the Outer Space Treaty File PDF
  
  432.1 KB · Uploaded 12/04/23, 13:23
- Select activity Contamination and the Outer Space Treaty
  
  Contamination and the Outer Space Treaty File PDF
  
  270.1 KB · Uploaded 12/04/23, 13:24
- Select activity Space Mining in Light of Article IX
  
  Space Mining in Light of Article IX File PDF
  
  819.4 KB · Uploaded 12/04/23, 12:57
- Select activity Article 12(3) of the Rome Statute
  
  Article 12(3) of the Rome Statute
- Select activity Gacaca Courts and Article 17 of the Rome Statute
  
  Gacaca Courts and Article 17 of the Rome Statute
- Select activity Principle of Complementarity
  
  Principle of Complementarity File PDF
  
  1.2 MB · Uploaded 28/03/23, 15:48
- Select activity Gacaca Courts
  
  Gacaca Courts File PDF
  
  1.7 MB · Uploaded 28/03/23, 15:51
- Select activity PPT - Gacaca Courts
  
  PPT - Gacaca Courts File
- Select activity Shimoda case
  
  Shimoda case
- Select activity Shimoda case
  
  Shimoda case File PDF
  
  4.0 MB · Uploaded 28/03/23, 15:15
- Select activity Peace Treaty, 1951
  
  Peace Treaty, 1951 File PDF
  
  622.3 KB · Uploaded 28/03/23, 16:11
- Select activity Summary of the case and Compensation Issues
  
  Summary of the case and Compensation Issues File PDF
  
  887.7 KB · Uploaded 12/04/23, 13:34
- Select activity Historical Significance of the Shimoda case
  
  Historical Significance of the Shimoda case File PDF
  
  37.1 KB · Uploaded 12/04/23, 13:43
- Select activity PPT - Shimoda case
  
  PPT - Shimoda case File
Select section Review Questions and Mid-Term Exam

Review Questions and Mid-Term Exam
- Select activity Review Questions
  
  Review Questions File DOCX
  
  14.4 KB · Uploaded 11/04/23, 18:16
Select section Week 6 Rules on State responsibility

Week 6 Rules on State responsibility
Dear All,
Starting from week 6 (April 18) we will start the second half of the course taught by me (Saniia Toktogazieva). This is to remind you that you are all expected to come prepared for the class beforehand. Do the readings carefully, if possible try to prepare case briefs on your own, this way you can better understand course materials.
Next class we will start covering the rules of State Responsibility. Please do the following readings:
1. Articles on State Responsibility
2. Nicaragua case
3. Pulp Mills
4. Corfu Channel
5. Gapcykovo Nagymaros
6. Rainbow warriors §§ 72 and 75; 101; 107; 110-111; 113-116; 118-123
Best regards,
Saniia
- Select activity State responsibility
  
  State responsibility Folder
Select section Week 7 International Environmental Law

Week 7 International Environmental Law
Dear Students,
Next class, we will discuss International Environmental law. This branch of Public International law is considered to be one of the most challenging and yet dynamic fields. While doing readings please try to approach this issue from general Public International law perspectives and from the prisms of sovereignty, trade law, human rights and etc. Please review cases on Gabcykovo Nagymaros and Pulp Mills. Especially parts related to State Responsibility under International Environmental law. Please also do following readings:
1. Article on Principles of International Environmental law
2. Whaling case of the ICJ
3. Article on Shrimp-Turtle case decided by WTO dispute settlement body.
4. Optional reading on Sovereignty and Environmental law.
- Select activity Environmental law
  
  Environmental law Folder
- Select activity Environmental law Board Notes
  
  Environmental law Board Notes File PDF
  
  502.6 KB · Uploaded 2/05/23, 10:49
Select section Week 8: Use of force in IPL

Week 8: Use of force in IPL
Next week will be dedicated to discussing the use of force in IPL:
For the first class of the week please read:
1. Nicaragua case,
2. Oil Platform case
3. Article on UNSC and use of force.
For the second class of the week please read:
1. ICJ Order: ALLEGATIONS OF GENOCIDE UNDER THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (UKRAINE v. RUSSIAN FEDERATION)
2. Putin’s War against Ukraine: Mocking International Law
3. The increasingly complicated Russia-Ukraine crisis, explained
- Select activity Use of force class 1
  
  Use of force class 1 Folder
- Select activity Use of force class 2
  
  Use of force class 2 Folder
Select section Week 9 Human Rights and Humanitarian law

Week 9 Human Rights and Humanitarian law
Dear All,
For Next class please do the following readings:
1. Book chapter on International Human Rights Law
2. Please follow this link and read the difference between IHL and IHRL: https://www.icrc.org/en/document/what-difference-between-ihl-and-human-rights-law
3. What is international humanitarian law?
- Select activity IHRL
  
  IHRL File PDF
  
  1.1 MB · Uploaded 14/03/20, 12:32
- Select activity IHL
  
  IHL File PDF
  
  361.1 KB · Uploaded 18/05/22, 14:37
Select section Week 10 International Criminal Law

Week 10 International Criminal Law
Dear Students,
Next Tuesday we will discuss another important field of International law- International Criminal law. Please do the following readings for the next class:
1. Excerpts from the book on International Criminal law
2. Excerpts from the book on elements of international crimes
3. Please following this link, read summary of ICL: https://www.diakonia.se/en/IHL/The-Law/International-Criminal-Law1/
Here you can find recordings of the class on ICL: https://zoom.us/rec/share/vGEbvynjEPM9JTt4nfMa7aPOLV8My2T9bf32YHMJP6Hkz-KOGxaqnGKFo66j5SrT.N2-TuIm23eRHAhu8
Password: k8Rm76^4
- Select activity ICL
  
  ICL File PDF
  
  122.0 KB · Uploaded 5/04/20, 17:02
- Select activity Elements of crimes
  
  Elements of crimes File PDF
  
  63.2 KB · Uploaded 5/04/20, 17:03
- Select activity Class Board Notes
  
  Class Board Notes File PDF
  
  195.5 KB · Uploaded 26/05/23, 09:15
Select section Final Exam

Final Exam
It is an open-book take-home exam. Any forms of cheating and correspondence with your group mates are strictly prohibited. You have three hours to complete the exam. The exam consists of two parts: the hypothetical situation and a few open-ended questions. Overall you will have 3 hours to complete the exam and must submit your written answers in Word format to the e-course at 16.15 (May 27)Sharp! Any forms of cheating and correspondence with your group mates are strictly prohibited.
- Select activity Final Exam
  
  Final Exam File
- Select activity Final Exam
  
  Final Exam Assignment
  
  Submit your final exams here!
Select section Week 10: Review Session and Preparation for the Final Exam

Week 10: Review Session and Preparation for the Final Exam

Not available
Select section Week 2: States. Sovereignty and Jurisdiction

Week 2: States. Sovereignty and Jurisdiction

Not available
Select section Week 3: Self-determination, succession and recognition

Week 3: Self-determination, succession and recognition

Not available
Select section Week 4: International Organizations and Individuals as subjects of IPL

Week 4: International Organizations and Individuals as subjects of IPL

Not available
Select section Week 5: Individuals as Subjects of IPL

Week 5: Individuals as Subjects of IPL

Not available
Select section Week 6: International and Municipal Law

Week 6: International and Municipal Law

Not available
Select section Week 10: Use of Force

Week 10: Use of Force

Not available
Select section Subjects of International law: States. Sovereignty and Jurisdiction

Subjects of International law: States. Sovereignty and Jurisdiction

Not available
Select section Recognition and State succession

Recognition and State succession

Not available
Select section International Customary law

International Customary law

Not available
Select section General Principles and Erga Omnes

General Principles and Erga Omnes

Not available
Select section International Dispute Settlement: fragmentation and proliferation of Public International law

International Dispute Settlement: fragmentation and proliferation of Public International law

Not available
Select section Review Questions

Review Questions

Not available
Select section Week 12: Rules on State Responsibility

Week 12: Rules on State Responsibility

Not available
Select section Week 13: International Dispute Settlement

Week 13: International Dispute Settlement

Not available