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Introduction Meaning of International Law Characteristics of International Law International law as law The scope of International law -Restatement (Third), American Law Institute of the Foreign Relations Law of the United States -Reparation for Injuries Caswe (ICJ Advisory Opinion 1949) B. Sources of International Law -Article 38 (1), Statute of the International Court of Justice (ICJ) Treaties Law-making treaties and contract treaties Parties to international treaties and international contracts Custom Where to look for evidence of customary law The elements in the formation of customary law Objective Element (State Practice) Subjective or Mental Element (Opinio Juris) Instant customary law Universality and the consensual theory of international law -Nicaragua vs. USA, ICJ Report (1986) -North Sea Continental Shelf Cases (Germany vs. Denmark & Germany vs. Netherlands, ICJ Report, (1969) -Continental Shelf Case (Libya vs. Malta, ICJ Report, 1985) -Asylum Case (Columbia vs. Peru, ICJ Report, 1950) -Anglo Norwegian Fisheries Case (UK vs. Norway, ICJ Report, 1951) -Fisheries Jurisdiction Case (UK vs. Iceland, ICJ Report, 1973) -Legality of the Threat or Use of Nuclear Weapons Case (ICJ Advisory Opinion, 1996) -Lotus Case (France vs. Turkey, PCIJ Series A No. 1018, 1927) General Principles of law nd -South-West Africa Case, (2 Phase, ICJ Report, 1966) nd -Barcelona Traction Case (Belgium vs. Spain, 2 Phase, ICJ Report, 1970) Judicial decisions -Article 59, Statute of the ICJ Learned writers Other possible sources of international law Acts of international organizations Soft law Equity -The River Meuse Case (Netherlands vs. Belgium, PCIJ Reports, 1937) -Art. 38(2), ICJ Statute (Ex aequo et bono) The hierarchy of the Sources of International Law Jus Cogens -Art. 53, Convention on the Law of Treaties, 1969 Obligations erga omnes C. International law and Municipal law Dualist and Monist theories International law and Municipal law Doctrine of Incorporation Doctrine of Transformation Soft and Hard Transformation

National legal systems & International law Treaties Custom and general principles Public International law and private international law D. States and governments State -Art. 1, 1933 Montevideo Convention on the Rights and Duties of States Defined territory -Island of Palmas Case (Netherlands vs. US, Arbitrator Max Huber of PCIJ, 1928) on Territorial Sovereignty; -See again North Sea Continental Shelf Cases Population Effective control by a government Capacity to enter into relations with other states -Art. 3, 1933 Montevideo Convention on the Rights and Duties of States Self-determination and recognition as additional criteria Federal state Governments Recognition of states and governments in international law Recognition of States -Art. 1, 1933 Montevideo CRDS Legal effects of recognition in international law Legal effects in domestic law Recognition of Governments Tobar or Wilson Doctrine Stimson Doctrine Estrada Doctrine De jure and def facto recognition E. International organizations, individuals, companies and groups International organization Non-governmental organizations (NGOs) Individuals and companies Insurgents and national liberation movements Ethnic minorities and indigenous peoples Minorities Indigenous peoples F. Jurisdiction Forms of jurisdiction -Nottebohm Case (Liechtenstein vs. Guatemala, ICJ, 1955) Criminal jurisdiction of national courts Territorial principles Nationality principle Protective principle Universality principle -Eichmann Case (Attorney General of Government of Israel vs. Eichmann (1961) Universal jurisdiction of national courts over crimes against human rights -Ivan the Terrible The trial of John Demjanuk Conflicts of jurisdiction

Extradition G. Immunity from jurisdiction Sovereign (or state) Immunity The Act of State Doctrine Diplomatic Immunity -Vienna Convention on Diplomatic Relations (VCDR) -Convention on Special Missions -Convention for the Prevention and Punishment of Crimes Against Internationally Protected Persons Including Diplomatic Agents Immunity from jurisdiction of courts Other privileges and immunities Consular Immunity -Vienna Convention on Consular Relations (VCCR) Immunities of international organization Waiver of immunity H. Treaties -1969 Vienna Convention on the Law of Treaties [took effect on Jan. 27, 1980] Conclusion and entry into force of treaties Adoption of the text of a treaty Consent to be bound by a treaty Entry into force Reservations -Reservations to the Genocide Convention Case (ICJ Advisory Opinion, 1951) Registration -Article 102 UN Charter Application of treaties Territorial scope of treaties Treaties and third states Application of successive treaties relating to the same subject matter Invalid treaties Provision of municipal law regarding competence to conclude treaties Treaties entered into by person not authorized to represent a state Specific restrictions on authority to express the consent of a state Coercion of a state by the threat or use of force Other causes of invalidity The consequences of invalidity Termination of treaties Termination in accordance with the provision of a treaty Termination by consent of the parties Implied right of denunciation or withdrawal Termination or suspension of a treaty as a consequence of its breach Supervening impossibility of performance Fundamental change of circumstances (Rebus Sic Stantibus) Emergence of a new peremptory norm (Just Cogens) Outbreak of war Consequences of termination or suspension I. Acquisition of territory See: Island of Palmas case

Modes of acquisition of territory Cession Occupation Prescription Operation of nature Adjudication Conquest Acquiescence, recognition and estoppel Intertemporal law Minor rights over territory Servitudes J. Legal Effects of Changes of sovereignty over territory (State Succession) Treaties Treaties dealing with rights over territory Other types of treaties The principle of moving treaty boundaries Decolonization and new states Recent practice Secession Dismemberment Unification International claims Nationality Public property Private property Contractual rights K. The law of the Sea - 1982 United Nations Convention on the Law of the Sea (UNCLOS) III Internal Waters (vs. Archipelagic Waters) Territorial Sea The right of innocent passage Rights of the coastal state over the territorial sea The width of territorial sea The line from which the territorial sea is measured The Contiguous Zone Exclusive Fishery Zones and Exclusive Economic Zones The High Seas Interference with ships on the high sea Jurisdiction of municipal courts over crimes committed on the high seas -Lotus case -Art 11(1) of the 1958 Geneva Convention on the High Seas The Continental Shelf Maritime Boundaries -North Sea Continental Shelf Case L. Air space and outer space Air space Outer space

The Common Heritage of Mankind principle M. International Human Rights Law The concept of Human Rights Human rights on the universal level The United Nations Charter -The Universal Declaration of Human Rights The 1966 Covenants -International Covenant on Civil & Political Rights (ICCPR) -International Covenant on Economic, Social & Cultural Rights (ICESCR) Other human rights instruments on the universal level Human rights on the regional level The European Convention for the Protection of Human Rights and Fundamental Freedoms Other regional instruments Human rights as a matter of international concern N. Environment -Principles 21 and 22, 1972 Stockholm Conference The scope and nature of International Environmental Law Customary law and general principles The United Nations Conference on Environment and Development The Convention on Climate Change The Biodiversity Convention The Rio Declaration and Agenda 21 O. State Responsibility The work of the International Law Commission State responsibility and the treatment of aliens Imputability -ILC Draft Articles on State Responsibility -Youmans Claim (US vs. Mexico, General Claims Commission, 1926) -Tehran Hostages Case (United States vs. Iran, ICJ 1980) The minimum international standard Preliminary objections -Nottebohm and Barcelo Traction cases -Interhandel Case (Switzerland vs. US, ICJ Report, 1959) Nationality of claims Exhaustion of local remedies Waiver Unreasonable delay and improper behaviour by the injured alien Consequences of an internationally wrongful act Counter measures and dispute settlement P. Peaceful settlement of disputes between states Diplomatic methods of dispute settlement Negotiations Good offices and mediation Fact-finding and injury Conciliation

Legal methods of dispute settlement Adjudication The International Court of Justice Composition Jurisdiction in contentious cases Procedure Ad hoc chambers Enforcement of judgments Advisory opinions Evaluation of the Court Arbitration ICSID The Iran United States Claims Tribunal Settlement of disputes under the Law of the Sea Convention Q. International wars, civil wars and the right to self-determination: Jus and bellum Lawful and unlawful wars: development before 1945 The prohibition of the use of force on the United Nations Charter -Art. 2(4), UN Charter -Confu Channel Case (UK vs. Albania, ICJ Report, 1949) -Nicaragua vs. US, supra -Legality of the Threat or Use of Nuclear Weapons Advisory Opinion, ICJ 1996) Self-defense -Caroline case -Art. 51, UN Charter Preventive self-defense -Nicaragua vs. US, supra Self-defense and claims to territory -1970 Gen. Assembly Friendly Relations Declaration -Falkland Islands Case Self-defense against attacks on ships and aircraft -Corfu Channel Case Armed protection of national abroad Armed reprisals Immediacy and proportionality Collective self-defense Civil wars The legality of civil wars Participation by other states: help for the insurgents Participation by other states: help for the established authorities The theory that help for established authorities is legal The theory that help for established authorities is illegal Collective self-defence against subversion Conclusion Self-determination and the use of force Mandated territories, trust territories and non-self-governing R. Means of Waging War and Criminal Responsibility: Jus in bello -The 1949 Geneva Conventions and Additional Protocols Lawful and unlawful means of waging war Nuclear weapons

The law of neutrality and economic uses of maritime warfare Reprisals Rules governing the conduct of Civil Wars War Crime Trials Nuremberg Trial Tokyo Trial International Criminal Tribunal of the Former Yugoslavia (ICTY) International Criminal Tribunal of Rwanda (ICTR) The International Criminal Court (ICC) -The Rome Statute (Articles 1-8,25-33 only) Jurisdiction and International Crimes Genocide Crimes Against Humanity War Crimes Aggression Principle of Complimentarity Principle of Legality International Humanitarian Law (IHL) Meaning & Scope Meaning and Types of Armed Conflict Non-international or Internal Armed Conflict International Armed Conflict State Border Armed Conflict War of National Liberation Fundamental Principles in IHL Principle of Distinction Civilians and Civilian objects Military Objectives Principle of Proportionality Military Necessity Methods of Warfare and Use of Weapons -Legality of the Threat of Use of Nuclear Weapons Advisory Opinion, ICJ 1996 Responsibility Individual Joint Criminal Enterprise (JCE) Command Responsibility Superior Responsibility S. The Charter and the organs of the United Nations The United Nations Charter and Interpretation Literal interpretation Intention and travaux preparatoires Membership The organs of the United Nations The Security Council The General Assembly The Secretariat The Economic and Social Counsel and the specialized agencies END

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