Welcome to

Folkrätt i Kris och Konflict

Course Convenor:
Dr Heather Harrison Dinniss
Office: Rm2174, Brinellvägen 1
Email: Heather.Harrison-Dinniss@fhs.se
Course Outline
• Two parts (Del 1&2), four modules
• Foundations of public international law
• Human rights
• Law of conflict prevention
• Law of military operations
• Each module ends in a compulsory seminar. Lectures are not
compulsory but they are HIGHLY recommended!
• Canvas is where you find everything you need to know about the
course.
• Student mail should be activated (& auto-forwarded if necessary)
Schedule
see TimeEdit for
most current
A note about learning…
Preparedness

Feedback Participation
Exams and Grading Criteria
• Each part of the course (Del 1 & 2) has an exam. They are hall exams, and
open book i.e. you may bring whatever you like into the exam … as long
as it doesn’t connect to the Internet!
• In the event that something (i.e. Covid-19) means we cannot hold
regular exams we will take a decision in plenty of time and advise you
what the alternative exam structure will be.
• The exams cover all material covered in the course (lectures, seminars
and readings)
• Grading criteria (also on Canvas):
• For seminars: active participation
• For exams: grading criteria are linked to the learning outcomes (LO) for the
course. G = 50% (LO are met satisfactorily), VG= 75% (LO are met very well)
• Learning outcomes can be found in the kursplan (FHS website & Canvas)
Questions on structure?
Foundations of Public
International Law
What is International Law? What is it for?
• International law is a system of rules and principles which govern the
international relations between states and other subjects of
international law.
• Facilitates and controls international relations & State conduct
BUT it is not the only tool to do this!
• It is intrinsically caught up with diplomacy, politics and the conduct of
foreign relations – it cannot exist in a vacuum!
• Because of the unique attributes of the international system, it relies
on voluntary acceptance of the law and voluntary enforcement
…..consent to be governed.
The International System
• Sovereign equality means that all states are (legally at least) equal to,
and independent of, each other and are sovereign in their own right.
• This makes for a horizontal system of law….
unlike domestic/municipal law which exists as a vertical system.
Executive/
Legislature

Enforcement
Authorities

Citizenry/
State A State B State C Population

International System Domestic/Municipal System

Group Task: What is Law?
Divide into groups of 5-6 people.
1. Introduce yourselves!
2. Consider the above question.
You may also want to consider the following terms as possible
points of difference:
• Laws
• Norms
• Codes of conduct
• Guidelines
• Etiquette/social convention
 Is International Law
actually Law?

Why might people argue

that it’s not?.....
Is International Law actually Law?
• It depends on your definition of law!
• Different theories of law – question whether IL is really law.
• John Austin – Command Theory
• ‘law is the command of a sovereign backed up by threat of a sanction in the case of
breach’
• Hans Kelson – ‘Pure’ law, Grundnorm
• HLA Hart – Primitive System
• Lack of institutions
• Lack of enforcement mechanisms
• Lack of effectiveness
• And yet….
"Almost all nations observe almost all principles of international
law and almost all of their obligations almost all of the time.“
~ Louis Henkin

• State believe that it is Law

• It is seen in the work of foreign ministries, national courts, United
Nations, EU etc every day.
• States formulate their responses to crises (both their own, and other
states) in the language of international law
• It contains mechanisms for the settlement of disputes, just
different to national law
• Ubi societas ibi jus (where there is society there is law)
My morning, so far…. (& maybe yours too)*

* These events may or may not be based on a true story ;)

 The International Law Family

International Law
Law of Peace

Public Law of Conflict

International Law Prevention
Law of Armed
Conflict

Private
International Law
Public International Law
Law of Peace
Human Rights
Law of the Sea
Space Law
Diplomacy
etc ...

Conflict Prevention
Law Law of Armed Conflict
UN Charter Hague law
Disarmament Agreements Geneva law
Demilitarisation Law of weaponry
Neutrality etc ...
etc ...
Enforcement of International Law
• Public Opinion
• Political cost
• Reduced influence
• Political and economic markers
• Measures taken by affected state/Reciprocity
• Countermeasures / Self-help
• Refer to the Security Council,
• Refer to the International Court of Justice, or other judicial body
• Collective measures
• Collective trade sanctions
• Collective economic sanctions
• Collective military sanctions
• Criminal Sanctions
Effectiveness of International Law
Why does it work?
• The common good
• Self-perpetuating norm compliance (the psychological Rubicon)
• It is practiced by states everyday
• It is flexible and can cover a diverse range of views
• Political cost of violation
• Sanctions/enforcement