PUBLIC INTERNATIONAL LAW

MUN SKILLS WORKSHOP 4

RULE ANALYSIS PART 1
Rebecca Kumi October 10th, 2023
Learning Goals

Understand Valid sources of Law

and use

Conduct Legal research for rule explanation

Conduct The legal analysis of a rule

short title presentation - customize via footnote 2

 Outline: Finding and
Using Rules

Part 1 Part 2
Legal Sources Basic Legal
• Legal Research Analysis
• What is Brian’s • A Voidable
Liability? Contract?

International
Legal Sources
• Legal Research
• Violation of…?

3 short title presentation - customize via footnote

 IRAC
Issue: Define the relevant legal
issue

Rule: Identify and explain the

relevant laws, rules or principles
derived from statutes and cases

Application: Apply the rules to

the facts of the case

Conclusion: Form a
conclusion that answers the
legal/problem question

short title
5 presentation - customize via footnote
How do we use
sources in Legal
Analysis?

• Find the applicable law to help us

find the legal issue
• Analyze and understand the rule
itself
• Understand and ‘interpret’ the rule
for the application stage
short title presentation - customize via footnote 6
 Legal
Sources

short title presentation - customize via footnote 7

 Researching the Law

Relevant Follow
Legal
legislation seminal
textbooks
and codes cases

8
 Authoritative sources
Authoritative Sources
Primary Sources

Secondary Sources

Tertiary Sources

9 short title presentation - customize via footnote

Peer Review

A system used to assess the quality

of a manuscript before it is published.

Independent researchers in the relevant research area

assess submitted manuscripts for originality, validity and
significance to help editors determine whether a
manuscript should be published in their journal.
short title presentation - customize via footnote 10
Exercise 1: What does this mean for Brian?

short title presentation - customize via footnote 11

 Assess Brian’s Liability

1. Can Gladys hold Brian liable for her injuries after she was bitten by
his horse
2. Can Camilla/Gladys hold Brian liable for the cuts caused by his
machinery?
3. Can Betty hold Brian liable for the injuries she received when the
kettle exploded?

short title presentation - customize via footnote 12

 Occupier’s Liability 1957

What needs to be
established for
Occupier’s
Liability?

Is the defendant Is the claimant a

the occupier of the lawful visitor or
premises? trespasser?

Does the
Is the claimant in a Did the defendant
defendant have a Is there any
special category exclude liability by
general duty of defense?
for care? displaying a sign?
care?

13 MUN Skills Workshop 2

Sub Issues
Can Gladys hold Brian liable for her injuries after she was bitten by
his horse
• Is Brian an Occupier?
• Is Gladys a Lawful visitor?
• Did Brian exclude liability by posting a sign?

Can Camilla/Gladys hold Brian liable for the cuts caused by his
machinery?
• Is Camilla in a special category of care?
• Can Gladys be liable for the non-supervision of Camilla?

Can Betty hold Brian liable for the injuries she received when the
kettle exploded?
• Does Occupiers Liability extend to employees of a premises?
• Can an occupier of a premises be liable for the acts of an independent contractor?

short title presentation - customize via footnote 14

Explaining the Occupiers Liability Act

What is the definition What is the definition Who is a Lawful

of an Occupier? of Premises? Visitor?

What are the two When can an

categories of visitors occupier be held
Is there a General
that fall into a liable for the actions
Duty of Care?
special category of of an independent
care? contractor?
short title presentation - customize via footnote 15
What does this mean for Brian?
Brian runs a small farmyard activity centre in West Yorkshire. Gladys and her granddaughter, Camilla,7,
visit the centre. They go into the stableyard where there are large signs that read ‘horses may bite, so
mind your fingers’ and ‘please do not feed the horses – they may gnaw your hands instead!’. Gladys sees
the signs but has left her glasses in the car so cannot read what they say. She feeds slices of apple that
she has brought with her to several horses and receives a nasty bite from Clopper, the center's
temperamental stallion. There used to be a sign on his door that warned that stallions can behave
unpredictably, but it had fallen off and not been replaced.

Can Gladys hold Brian liable for her injuries after she was
bitten by his horse
• Is Brian an Occupier?
• Is Gladys a Lawful visitor?
• Did Brian exclude liability by posting a sign?

MUN Skills Workshop 2 16

What does this mean for Brian?
Upset by her experience, Gladys goes into the cafeteria. She tells Camilla not to wander off but
Camilla ignores Gladys and goes into Brian’s exhibition of farm equipment. Two of the rarest
machines were roped off to protect them from the public (and the public from them ). Camilla
climbs over the ropes and climbs one of the machines, inevitably receiving a deep cut from one
of the sharp blades.

Can Camilla/Gladys hold Brian liable for the

cuts caused by his machinery?
• Is Camilla in a special category of care?
• Can Gladys be liable for the non-supervision of Camilla?

MUN Skills Workshop 2 17

What does this mean for Brian?
In the cafeteria, employee Betty is making Gladys a tea. The Cafeteria is newly renovated
and the work was done by local handyman, Andy. Andy is an excellent carpenter, but lacks
expertise in electrical fittings. As a result, some of the wiring is incorrect and this causes a
major powersurge, which causes the electric kettle to explode, showering Betty with boiling
water and causing her to suffer serious burns.

Does Occupiers Liability extend to

employees of a premises?
• Can an occupier of a premises be liable for the acts
of an independent contractor?
MUN Skills Workshop 2 18
short title presentation - customize via footnote 19
 Authoritative Sources in International Law?
International Authoritative Sources
Primary Sources

Secondary Sources

Tertiary Sources

20 short title presentation - customize via footnote

 Article 38 of the ICJ Statute
The Court, whose a) international conventions, whether general or particular,
establishing rules expressly recognized by the contesting
function is to decide states;
in accordance with
international law such b) international custom, as evidence of a general practice
disputes as are accepted as law
submitted to it, shall
apply: c) the general principles of law recognized by civilized
nations;

d) subject to the provisions of Article 59, judicial decisions

and the teachings of the most highly qualified publicists of
the various nations, as subsidiary means for the
determination of rules of law.

21 short title presentation - customize via footnote

Vienna Convention on the Law of Treaties

Article 31 – General rule of interpretation

1) A treaty shall be interpreted in good faith in accordance with the ordinary meaning to
be given to the terms of the treaty in their context and in the light of its object and purpose

2) The context for the purpose of the interpretation of a treaty shall comprise, in addition to
the text, including its preamble and annexes

22
Vienna Convention on the Law of Treaties

Article 32 – Supplementary means of interpretation

Recourse may be had to supplementary means of interpretation, including the preparatory work of
the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the
application of article 31, or to determine the meaning when the interpretation according to article 31:

(a) leaves the meaning ambiguous or obscure; or

(b) leads to a result which is manifestly absurd or unreasonable

23
 International Rule Interpretation

Case law and precedents

Judge’s opinions (agreeing and dissenting)

General Comments and collections of cases, opinions,

and judgments used in
Article Guides interpretation

Working party Opinions

24 short title presentation - customize via footnote

Good Rule
Interpretation

• Quote the law

• State the law as an
abstraction of a legal principle
• Explain aspects of the law
using only authoritative
primary, and carefully selected
secondary sources

25
Bad Rule
Interpretation

AVOID Paraphrasing the law

Explanations may NOT be based
on your own subjective
interpretations
Explanations may NOT include
facts of the case

26
 Exercise 2:
Violation of…?

short title presentation - customize via footnote 27

Mr. S
• Mr. S was arrested in Britain on 19 January 2001 and charged with attempted robbery.
• His fingerprints and DNA samples were taken at the time of his arrest; however, he was acquitted on 14
June 2001.
• Mr. S asked for his fingerprints and DNA samples to be destroyed, but the police refused because
retention of the samples were legal pursuant to section 64 (1A) of the Police and Criminal Evidence Act
1984 (“the PACE”).
• Mr. S then applied for a judicial review of the police decision to not destroy the fingerprints and DNA
samples.
• On 22 March 2002 the Administrative Court rejected the application.
• On 12 September 2002 the Court of Appeal upheld the decision of the Administrative Court.
• On 22 July 2004 the House of Lords dismissed an appeal by the applicants.
• Mr S feels his rights have not been upheld by the UK judicial system
short title presentation - customize via footnote 28
 Tips for identifying the
applicable law (finding the rule):

Use keywords and key Checking validity and

concepts to identify: weight.
Start with the known facts
• Jurisdiction, • Are the rules in force?
of the case • Subject matter, • Have they been amended?
• Relevant sources • Have any precedent cases
been overruled?
• Which rules prevailed?

29
 Police
decision

Human
rights

UK
DNA
Court
of
Appeal

House
of
Lords
30 short title presentation - customize via footnote
S and Marper v UK

The applicants complained under Article 8 of the ECHR that the retention
of their fingerprints, cellular samples and DNA profiles pursuant to section
64 (1A) of the Police and Criminal Evidence Act 1984 (“the PACE”) was a
violation of his right to privacy.

short title presentation - customize via footnote 31

 Article 8 – Right to respect for
private and family life

1. Everyone has the right to respect for his private and family life ...
2. There shall be no interference by a public authority with the
exercise of this right except such as is in accordance with the law
and is necessary in a democratic society in the interests of national
security, public safety, or the economic well being of the country,
for the prevention of disorder or crime, for the protection of health
or morals or for the protection of the rights and freedoms of others.

short title presentation - customize via footnote 32

 Article 8 – Right to respect for
private and family life

1. Everyone has the right to respect for his private and family life ...
2. There shall be no interference by a public authority with the
exercise of this right except such as is in accordance with the law
and is necessary in a democratic society in the interests of national
security, public safety, or the economic well being of the country,
for the prevention of disorder or crime, for the protection of health
or morals or for the protection of the rights and freedoms of others.

short title presentation - customize via footnote 33

 Article 8 – Right to respect for
private and family life

1. Everyone has the right to respect for his private and family life ...
2. There shall be no interference by a public authority with the
exercise of this right except such as is in accordance with the law
and is necessary in a democratic society in the interests of national
security, public safety, or the economic well being of the country,
for the prevention of disorder or crime, for the protection of health
or morals or for the protection of the rights and freedoms of others.

short title presentation - customize via footnote 34

Legal Analysis
short title presentation - customize via footnote 35
 Legal Rule Analysis:
Structure of a Rule

Rules are composed of conditions:

Cumulative or Alternative

Rules always have consequences.

With legal rules there are legal consequences.

36
 Legal Consequences

Article 6:217(1) BW

• A contract is formed through an offer and the

acceptance thereof.

37 short title presentation - customize via footnote

Legal Rule Analysis

− Lq: A contract comes into existence.

− C1: An offer is made.
− C2: That offer is accepted.

38
 Legal Consequences

Dutch Civil Code Article 6:162 (1)

He who commits a wrongful act against another, which can

be attributed to him, is obliged to compensate the damage
suffered by that other as a consequence thereof.

39 short title presentation - customize via footnote

 Cumulative Conditions
The schematic representation for Article 6:162 (1) BW is:

Lq: [He] is obliged to compensate the damage suffered

C1: [If he] Commits a wrongful act against another

and
C2: The wrongful act can be attributed to him
and
C3: Damage is suffered by that other
and
C4: Damage is a consequence thereof (the wrongful act)

short title presentation - customize via footnote 40

41

Alternative Conditions

Article 3:44(1) BW

• A legal act is voidable where it has been brought

about by threat, by deceit or by abuse of
circumstances.
42

Legal Rule Analysis

Article 3:44 (2) BW

A threat consists of a person inducing another person to

perform a certain legal act by wrongfully threatening this
or a third person with any disadvantage to person or
property. The threat must be such, that a reasonable
human being could be influenced thereby.
43
Article 3:44 (2) BW
• Lq: There is a threat.
• C1: A person induces another person to perform a legal
act.
• C2: This is done by wrongfully threatening
− C2a: that person with any disadvantage to his person.
− C2b: that person with any disadvantage to his property.
− C2c: another person with any disadvantage to his person.
− C2d: another person with any disadvantage to his property.
• C3: A reasonable human being could be influenced by the
threat.
44

A Voidable Contract?
One night, pub keeper Jack is confronted with two people who offer him
to keep the peace at his bar. Jack is not interested in their offer, because
the crowd in his pub is very quiet and he seldom has disturbances.
Disgruntled by his rejection, the men create a giant fight in Jack’s bar.
Within ten minutes the place is empty. The two men tell Jack that if he
pays a weekly fee of €200, they will make sure that there are no
disturbances in his bar. Jack realizes that if he does not give in, he will
have no customers left to serve. In despair Jack agrees and signs the
ready-made contract that the men hold out in front of him.
Article 3:44 (2) BW

• Lq: There is a threat.

• C1: A person induces another person to perform a legal act.
• C2: This is done by wrongfully threatening
− C2a: that person with any disadvantage to his person.
− C2b: that person with any disadvantage to his property.
− C2c: another person with any disadvantage to his person.
− C2d: another person with any disadvantage to his property.
• C3: A reasonable human being could be influenced by the threat.

45
 • C1: Fulfilled. Jack is induced to perform a legal
act.
• C2b: Fulfilled, because Jack is threatened with
any disadvantage to his property.
• C3: Fulfilled.
• C4: Fulfilled, because Jack is a reasonable
An human being.

Incomplete
Analysis
46
 Article 8 – Right to respect for
private and family life

1. Everyone has the right to respect for his private and family life ...
2. There shall be no interference by a public authority with the
exercise of this right except such as is in accordance with the law
and is necessary in a democratic society in the interests of national
security, public safety, or the economic well being of the country,
for the prevention of disorder or crime, for the protection of health
or morals or for the protection of the rights and freedoms of others.

short title presentation - customize via footnote 47

 Positive Conception

LQ: There is a right to respect of private and family life when

C1: There is no interference
C2: That is not in accordance with the law
C3: Unless it has a legitimate aim
Ca: National security
Cb: Territorial integrity
Cc: Public safety
Cd: Economic well-being of the country
Ce: Prevention of disorder and crime
Cf: Protection of health and morals
Cg: Protection of the reputation of others
Ch: Protection of the rights and freedoms of others
C4: Is necessary in a democratic Society

48 short title presentation - customize via footnote

 Negative Conception

LQ: Right to respect of private and family life is violated

C1: There is an interference
C2: It is not in accordance with the law
C3: It does not have a legitimate aim
Ca: National security
Cb: Territorial integrity
Cc: Public safety
Cd: Economic well-being of the country
Ce: Prevention of disorder and crime
Cf: Protection of health and morals
Cg: Protection of the reputation of others
Ch: Protection of the rights and freedoms of others
C4: It is Not necessary in a democratic Society
49 short title presentation - customize via footnote