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17. 08.

2010 INTERNATIONAL LAW


SYLLABUS
Course information:
215 International Jiri 62097 Tues- 7:30PM 8:45PM 12/09/10 6:00PM Certificate: Law Toman Thurs International Law, International High Tech Law (List B), Public Interest and Social Justice Law (List C)

Abbreviations: Damrosch/Henkin refers to the old edition of the book: L.F. Damrosch, L. Henkin, R.C. Pugh, O. Schachter, H. Smit: International law, Cases and Materials. St. Paul, West Group, 2001, 1678 p. The pages in bold indicate the most important parts of the text which you should read before the class starts. Do not buy the old edition, but if you already have it you can continue to use it. This is the reason that I kept in the syllabus the reference to the old edition NEW EDITION was recently published: International Law: Cases and Materials, 5th edition, West Academic Publishing, 2009, 1570 p. Edited by: Lori F. Damrosch, Louis Henkin, Sean D. Murphy, Hans Smit. In the syllabus I have indicated the pages of this new edition: NEW EDITION, pp. .
Several short textbooks have been published: David J. Bederman, International Law Frameworks. Second edition. New York, Foundation Press, 2006, 293 p. Stephen C. McCaffrey, Understanding International law. San Francisco, LexisNaxis, 2006, 294 p.

Week
1st

Subjects Introduction into the international law Overview of the syllabus and the content of the course. Terminology: Public international law, Private international law, Comparative law. NATURE OF INTERNATIONAL LAW AND ITS APPLICATION. SYSTEM OF INTERNATIONAL LAW. Definition of international law. Characteristic features of international law: subjects, sources, sanctions. Universality of international law: attitudes of the States in the West, East and Third World (developing) countries. Examples of evolution and application of international law. Tuesday 24th August: International law documentation, by Ms. Mary SEXTON, International Law Librarian

Reading/materials

week 16-21 August 2010

Damrosch/Henkin, pp. 156, 1-33, 41-43 Damrosch/Henkin, pp. xxvii-xxxvi

NEW EDITION (NE), pp. 2-50

2nd

week 23-28 August 2010

Damrosch/Henkin, pp. 156, 1-33, 41-43 Damrosch/Henkin, pp. xxvii-xxxvi

NEW EDITION (NE), pp. 2-50

Historical evolution of international law

Damrosch/Henkin, pp. xxvii-xxxvi

NE: pp. xix-lxi


3rd week 30 August 4 September 2010

Comparative law: concept, function, method. Major legal; systems of the world: Romanistic, Germanic, Anglo-American, Nordic, Far East, religious systems

Suggested reading: ZweigertKtz: An Introduction to Comparative law, 3rd edition. Oxford, Clarendon Press, 1998, 714 p. John Henry Merryman: The Civil Law Tradition. Stanford, Stanford University Press, 1985, 168 p.

SOURCES OF INTERNATIONAL LAW. Definition of sources. Article 38 of the International Court of Justice Statute. Customary rules of international law.

Damrosch/Henkin, pp. 56-108

NE: pp. 55 119

4th week 6 -11 September 2010

LAW OF THE TREATIES: definition, Vienna Convention on the law of treaties, conclusion and entry into force, reservations, application and interpretations, invalidity, termination or suspension LAW OF THE TREATIES OTHER SOURCES OF INTERNATIONAL LAW. General principles of law, subsidiary sources of international law. Legal value of the declarations and recommendations. Soft Law. Codification and progressive development of international law PERSONALITY. SUBJECTS OF INTERNATIONAL LAW. STATES. Determination of the Statehood. Forms of States. Characteristics of States. Principle of self-determination of peoples Entities with special statutes Recognition of States Recognition of Governments Recognition of belligerents and insurgents State succession

Damrosch/Henkin, pp. 451-568 1969 Vienna Convention on Law of the Treaties

NE: pp. 122-231


Damrosch/Henkin, pp. 108-134 Damrosch/Henkin, pp. 134-158

5th week 13 - 18 September 2010

NE: pp. 233-298

6th week 20 - 25 September 2010 7th week 27 September 2 October 2010

Damrosch/Henkin, pp. 249-292 (249-282)

NE: pp. 299-322

NE: pp. 300-347

Damrosch/Henkin, pp.292-315

NE: pp 348-376
Damrosch/Henkin, pp. 348-358, 567-585, + documents Documents, pp. 103-116

8th week 49 October 2010

Territorial entities other than States. International status of peoples State territory. Acquisition of territorial sovereignty.
9th week 11 - 16 October 2010 10th week 18 - 23 October 2010

NE : pp. 1518 1548


Damrosch/Henkin, pp. 268-291 Damrosch/Henkin, pp. 315-347

NE: pp. 376-401


Damrosch/Henkin, pp. 359-425 (359-384, 396404, 421-425) Damrosch/Henkin, pp. 425-450 (425-434)

Thursday only: OTHER SUBJECTS: Organizations, Companies, and Individuals in International law. Individual in International law. International law of human rights: basic instruments
NATIONALITY under international law, acquisition, loss of nationality, multiple nationality

NE: pp. 403-496

11th week 25 - 30 October 2010 12th week 16 November 2010

INTERNATIONAL RESPONSIBILITY: general principles, international crimes and delicts, countermeasures and self-help. Reparations. BASES OF JURISDICTION: territorial principle, nationality principles, protective principles, universality principles, conflicts of jurisdiction, extradition

Damrosch/Henkin, pp. 684-732

NE: 498-555

Damrosch/Henkin, pp. 1088-1197

NE: pp. 755-850

13th week 8 - 13 November 2010

IMMUNITY FROM JURISDICTION: foreign states, state representatives, international organizations

1961 Vienna Convention on Diplomatic relations Damrosch/Henkin, pp. 1197-1313 (1197-1200, 1242-1270, 1270-1294)

NE: pp. 851-952


14th week 15 - 20 November 2010 15th week 22 27 November 2010

DISPUTE SETTLEMENT: means of settlement of disputes, arbitration, international tribunals. International Court of Justice DISPUTE SETTLEMENT: means of settlement of disputes, arbitration, international tribunals. International Court of Justice USE OF FORCE: international armed conflicts, internal conflicts, collective use of force.

Damrosch/Henkin, pp. 820-913 (820-897)

NE: pp. 556-651

Damrosch/Henkin, pp. 820-913 (820-897)

NE: pp. 556-651

Damrosch/Henkin, pp. 920-1087 (920-980, 1006-1054)

NE: pp. 1129-1305

8/21/2012 8/28/2012 9/4/2012 Havana case SC US ave

10/18/2012