GHANA INSTITUTE OF MANAGEMENT AND PUBLIC

ADMINISTRATION
(GIMPA)

LAW SCHOOL

Public International Law I (FLAW 201A)

Office Hours: On appointment
Email: nantogmahs@yahoo.com

Public International Law I (PIL I) explores the abiding importance of law in the
international legal system. The course will analyze the role of both new and traditional actors on the
international scene. Students are expected to have a basic understanding of who these actors are, how
international law is made, and how legal norms are enforced primarily by states.
Why is PIL I so important for law students? Now more than ever, the study of
international law is crucial to every law student’s education. With global issues such as terrorism,
climate change, epidemics, international crimes and international trade taking centre stage, it is
essential that law students understand how the international legal order works. More importantly, there
is a bigger responsibility on African law students to study international law to shape the legal
environment in Africa in the coming years.
The Pedagogical Approach to this course is predominantly the SOCRATIC Approach. The
socratic approach (which requires students to prepare for a class by reading the course materials for
interactive questions and discussions) is preferred to the “biblical” approach (where the instructor
dictates and students passively copy notes which they then regurgitate verbatim during class tests and
exams). Students should therefore approach this course with a willingness to learn by reading before
class and contributing actively to discussions during class and tutorial sessions.
Attendance and Participation during class time and at tutorial sessions is vital. By signing
up for this class students will be presumed to have agreed to fully bear (and discharge) the duty of
reading the material BEFORE each class. Students’ presence in class will be taken as an irrebuttable
presumption that they are not only able, but also willing and ready to demonstrate (either voluntarily
or when called upon in class or during tutorial sessions) a minimum level of understanding of the
material that is expected of intelligent students such as themselves. We reserve the right at all times,
to call upon any student to answer questions or offer their understanding of issues arising from the
reading materials. Failure to demonstrate the minimum understanding required to facilitate learning

1
will signal an irrebuttable presumption that the student requires time in the library to go through the
materials and thereby gain a better understanding of the topic for discussion.
Tutorials will be held regularly. Students should note that tutorials are compulsory. Grades
will be based on attendance and participation (10%) as well as series of class tests (30%), and the final
examination (60%).

The Grading Structure at GIMPA Law is as follows:

Grade %age Mark Grade Point Interpretation

A 80-100 4.00 Distinction

A- 70-79 3.75 Excellent

B+ 65-69 3.50 Very Good

B 60-64 3.00 Good

C+ 55-59 2.50 Average

C 50-54 2.00 Pass

C- 45-49 1.75 Pass

D 40-44 1.00 Fail

F 0-39 0.00 Fail

Z - - Disqualified

I - - Incomplete

2
 Correspondence with students is mainly via email.
Housekeeping Rules for Class and Tutorial Sessions
 READ
 READ
 READ
 Follow International News daily
 Reduce talking and moving around in class to a minimum
 Tardiness is not acceptable. If you come to school more than 60 minutes after class has begun,
please spend the rest of the time remaining for class in the library reading instead of coming
to class.
 BE SERIOUS from the start.

First Semester – Course Outline

Texts
➢ Dunnof, Ratner &Wippman, International Law Norms, Actors, Process A Problem-Oriented
Approach, 3rd Edition (Aspen Publishers)
➢ Shaw, Malcolm N. “International Law”, Sixth Edition, (Cambridge University Press)
➢ Crawford, Brownlie’sPrinciples of Public International Law”, Eighth Edition (Oxford Press)
➢ Harris, D J, “Cases and Materials on International Law”, Seventh Edition (Sweet & Maxwell)
➢ Wallace and Martin- Otega, “International Law”, Sixth Edition (Sweet & Maxwell)

Class 1
Introduction to PIL I
In this class, we explore the genesis of international law and its evolution through the last century. We
will also discuss the features and attributes that make international law similar or different from other
branches of law. By analyzing the cases and other real life examples we will consider the old debate
on whether international law is law at all.
• Reading
– Wallace & Ortega, International Law, pg 1-6
– Harris, Cases and Materials on International Law, pg. 1-13
– DRW, pg. 1 - MS, Chapters 1 and 2, Chapter 1, D.J. Harris
– The following points should guide your reading and preparations for class:
 Historical background of Public International Law
 Nature and Characteristics of Public International Law
 Public International Law distinguished from Private International Law

3
  Is International Law really Law?
 What do the international relations theories say about compliance with
international law?
• Cases
– Chad v. Libya
– Rainbow Warrior Affair

Class 2
Sources of International Law: Treaties
Having gained a basic understanding of what international law is, its features and its legitimacy (or
not) as a branch of law we begin to look at the sources of International Law. In this class, we will
focus on Treaty law as a source of International Law. We will discuss some important provisions
relating to treaty making.

Readings: Vienna Convention on the Law of Treaties

The following points should guide our reading and preparation for class
– Article 38, Statute of the International Court of Justice
– Treaties
 Vienna Convention on Treaties
• Article 2 – Definition of Treaties
• Article 6 – Capacity of States to Conclude Treaties
• Article 7 – Full Powers
• Article 8 – Confirmation of Prior Acts done without Authorization
• Article 42 – Validity and Continuance in Force of Treaties
• Article 45 – Right to Invoke a ground of Invaliding, Terminating,
Withdrawing from or Suspending the Operation of a Treaty
• Article 51 - Coercion of a State Representative
• Article 52 – Coercion by the Threat or Use of Force
• Article 53 – Application of Treaties in Conflict with a peremptory
norm of general international Law
• Article 64 – Subsequent emergence of a new peremptory norm of

4
 general international law
• Observance and Interpretation of Treaties
• Article 26, 27 ,31 and 32
• Treaty Reservations
• Articles 19, 20 and 21
 Case Reference
• Reservations to the Convention on the Prevention and Punishment of
the Crime of Genocide (Advisory Opinion) 1951 ICJ 15
Class 3
• Customary International Law
Reading: DRW, pg 74-105
In this class, we will examine customary international law (CIL) which is another important source of
international law. We will discuss the process of formation of CIL by discussing some cases. Students
should do well to read these cases ahead of the class.
The following points should guide our preparations.
• What constitutes custom in international law? What are the elements necessary to establish
customary international law
• What is state practice? How can one identify state practice?
• What is the persistent objector rule?
• What is opinio juris and why is it important in the formation of customary international law
• What are jus cogens norms. Are they also part of customary international law
Other (subsidiary) sources of international law
• Judicial decisions
• writings of international law jurists
• General Principles
• Soft Law
Cases and References
• The Paquette Habana
• North Sea Continental Shelf Cases (Federal Rep. of Germany v. Denmark & Netherlands 1969 ICJ
• The Asylum Case (Columbia v. Peru) 1950 ICJ Rep 266
• Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. USA) 1986 ICJ Rep 14

5
• Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons 1996 35 ILM 806

Class 4
Subjects of International Law
Primary Actors: States/ Staehood
Reading: DRW pg 107- 147
• Statehood
o The requirements of Statehood
▪ Article 1, Montevideo Convention 1933
▪ Formation of New States from the former Yugoslavia
▪ Succession after the USSR Era
▪ Recognition of new States by other states
o Territory and Sovereignty
o Self Determination
o Borders and Territories: The Utipossidetis Rule
o Recognition of States
Theories of Recognition
o Constitutive and Declarative Theories

Cases and References

– Case Concerning the Frontier Dispute (Burkina Faso v. Mali) 1986 I.C.J. 554
– James Crawford, The Criteria for Statehood in International Law, British Yearbook of
International Law (2012)
Class 5:
The Role of Non-State Actors
International Organizations as Subjects of International Law
Reading: DRW, pg 171 – 200
• The United Nations Organization
o UN System and the UN Charter
▪ The General Assembly
▪ The Security Council

6
 ▪ The International Court of Justice
o Legal Personality of the United Nations
Cases and References
o Reparations for Injuries Suffered in the Service of the United Nations (the Reparations
Case) 1949 ICJ Rep. 174
• The Economic Community of West African States (ECOWAS)
• The African Union (AU)
• The African Continental Free Trade Area Agreement (AfCFTA)
• NGOs
• Multinational Corporations
• Holy See
• Rebel Groups and Insurgents
• Individuals

Class 5
International Law and Domestic Law
Monist-Dualist Divide
• Resolving conflicts between the application of domestic law and international
obligations
• Consular Notification and the Arrest of Foreign Nationals: The LaGrande Case
Cases and References
• Breard v. Greene, The Republic of Paraguay v. Gilmore 523 U.S. 371 (1998)
• La Grand Case (Germany v. United States) 2001 I.C.J. 466
• Case Concerning Avena and Other Mexican Nationals (Mexico v. United States
Class 6
Domestic Law in the International Arena: Jurisdictional Issues
Principles of Jurisdiction
• Territorial Principle (Subjective and Objective)
• Nationality Principle
• Passive Personality Principle

7
 • Protective (Security) Principle
• Universality Principle
Class 8
Diplomatic and Consular Relations
Vienna Convention on Diplomatic Relations 1961
Vienna Convention on Consular Relations 1963
• Inviolability of the premises of the mission
• Diplomatic immunities: Personal and other immunities
• The diplomatic bag
• Waiver of immunity
Cases and References
• US Diplomatic and Consular Staff in Tehran (Hostages Case) 1980 ICJ Rep 3
• The Dikko Affair and Anglo-Nigerian Relations
• Armon v. Katz 1976 2 GLR 115-125
• Garcia v. Torrejoh 1991 1 GLR 143 – 153
• Kwarteng v Sackey [1984-86] 1GLR 141, CA
• American Society of International Law Insights, Assange and the Law of Diplomatic
Relations, Vol. 16, Issue 32 available at

Class 9
REVISION CLASS

END of First Semester