Public International Law Overview Fall 2024

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Questions and Answers

What is required for law to be made under international law?

Consent of states is required to make international law.

Who can call upon the UN Security Council in matters of international peace and security?

Only states can call upon the UN Security Council.

What role do states play in the International Court of Justice?

Only states may appear in proceedings before the International Court of Justice.

What is the predominant source of implementation of international law?

<p>States are the predominant makers and implementers of international law.</p> Signup and view all the answers

What is one essential action students must take before each lecture in this course?

<p>Students must do the week’s reading before each lecture.</p> Signup and view all the answers

What is required of students regarding group presentations?

<p>Students must give at least one presentation on a Homework Question with a small group.</p> Signup and view all the answers

What must students do one week prior to the lecture in the week of 27 November?

<p>Students must watch the recorded lecture at any point before the following lecture.</p> Signup and view all the answers

What should students bring to the lectures for free coffee?

<p>Students should bring their own mug or thermos for coffee.</p> Signup and view all the answers

What internal conflict occurred in 2022 involving the government of Palm?

<p>The internal conflict arose between the government of Palm and the political movement called 'For the People of Palm Movement' (FPPM).</p> Signup and view all the answers

In what ways did the state of Coco support the FPPM?

<p>The state of Coco supported the FPPM through financial support, providing arms, and military training to its members.</p> Signup and view all the answers

What illegal activities did the FPPM engage in?

<p>The FPPM participated in illegal activities, including the assassinations of government officials of the state of Palm.</p> Signup and view all the answers

Using the IRAC method, what is the first step when addressing the legal question about state responsibility in this context?

<p>The first step is to summarize the relevant facts of the case.</p> Signup and view all the answers

What legal concepts might be relevant to analyzing the state's responsibility for FPPM's actions?

<p>Relevant legal concepts include State Responsibility and Collective Security.</p> Signup and view all the answers

What would be a suitable conclusion regarding the attribution of FPPM's acts to the state of Coco?

<p>The conclusion may be 'Yes', as the support provided by Coco implicates it in the FPPM's actions.</p> Signup and view all the answers

How is a state defined in the context of international law according to the content provided?

<p>A state is defined as a human community that claims the monopoly of the legitimate use of physical force within a given territory.</p> Signup and view all the answers

According to Hobbes, what is the purpose of a powerful, centralized authority?

<p>The purpose is to prevent conflict and disorder that prevail in a state of nature.</p> Signup and view all the answers

What key concept was introduced by Hugo Grotius before the Westphalian era?

<p>The concept of natural law in relation to war and peace.</p> Signup and view all the answers

How did the Treaty of Utrecht in 1713 influence inter-state relations?

<p>It ended the War of the Spanish Succession and established a balance of power in Europe.</p> Signup and view all the answers

What significant change did the League of Nations represent in international relations post-1919?

<p>It marked the first collective security organization aimed at preventing wars.</p> Signup and view all the answers

What was the main purpose of the Kellogg-Briand Pact of 1928?

<p>To renounce war as a tool of national policy.</p> Signup and view all the answers

What marked the beginning of the third era in international relations?

<p>The founding of the United Nations in 1945.</p> Signup and view all the answers

How has the role of NGOs evolved in the third era of international relations?

<p>NGOs became significant non-state actors in affecting global policies and human rights.</p> Signup and view all the answers

Define 'flipped sovereignty' as it pertains to the fourth era of international relations.

<p>'Flipped sovereignty' means that states have a responsibility to protect their populations.</p> Signup and view all the answers

What was the significance of the Hague Peace Conferences in the early 20th century?

<p>They promoted the resolution of international disputes through peaceful means and laid groundwork for future treaties.</p> Signup and view all the answers

What does the statement from the UN preamble emphasize regarding war?

<p>It emphasizes the importance of maintaining peace and preventing the use of armed force except for the common interest.</p> Signup and view all the answers

What transition occurs between the second and third eras in terms of how wars are handled?

<p>War transitioned from being an acceptable means of resolution to being largely illegal under international law.</p> Signup and view all the answers

What are the overall objectives of this Public International Law course?

<p>To understand concepts of international law, its limitations, the relation between law and power, and the functioning of the International Court of Justice.</p> Signup and view all the answers

What is the significance of the week 1 lecture titled 'The Nature of International Law'?

<p>It serves as an introduction to the foundational concepts and scope of international law.</p> Signup and view all the answers

What method is used to gauge student understanding during lectures?

<p>Interactive Wooclap quizzes are used to anonymously assess student comprehension.</p> Signup and view all the answers

What is one requirement for students to succeed in this course?

<p>Students must regularly attend lectures and actively participate in discussions.</p> Signup and view all the answers

During which week is the topic 'The Law of Treaties' covered?

<p>The Law of Treaties is covered in week 3, September 18th.</p> Signup and view all the answers

What is the focus of week 8 in the course schedule?

<p>Week 8 focuses on state responsibility in international law.</p> Signup and view all the answers

Why is week 6 particularly noted in the schedule?

<p>Week 6 covers 'Immunities from National Jurisdiction' and includes a headquarters presentation.</p> Signup and view all the answers

What happens during week 11 of the course?

<p>The topic 'The Law of the Sea / Environmental Law' is discussed through a pre-recorded format, without an in-person meeting.</p> Signup and view all the answers

What is the purpose of the optional extra exam preparation meeting scheduled for December 11th?

<p>It provides additional support for students in preparing for the assessments in the course.</p> Signup and view all the answers

What interactive teaching method is implemented starting in week 4?

<p>Student group presentations and discussions of previous week’s homework questions are implemented.</p> Signup and view all the answers

What is the significance of sovereignty in international law?

<p>Sovereignty is significant because it establishes the authority of a state over its territory and autonomy in conducting its affairs without external interference.</p> Signup and view all the answers

Can a Mexican national accused of crimes against Mexicans be tried by Sweden?

<p>Generally, a Mexican national can be tried in Sweden if Sweden has jurisdiction over the case based on international law principles.</p> Signup and view all the answers

Is it illegal for a state to use force against a military target?

<p>It is not illegal for a state to use force against a military target, provided it complies with international humanitarian law.</p> Signup and view all the answers

What is the purpose of presenting Homework Questions in class?

<p>The purpose is to enhance understanding of the material and to provide direct exam practice for students.</p> Signup and view all the answers

Why must students attend the lecture for their group's presentation?

<p>Attendance is essential as students need to engage with the presenting group and contribute their perspectives.</p> Signup and view all the answers

What is the grading approach for the presentations?

<p>The presentations are graded on a Pass/Fail basis, which is a knock-out criterion for the essay assessment.</p> Signup and view all the answers

What percentage of the grade does the essay contribute?

<p>The essay contributes 30% of the overall grade.</p> Signup and view all the answers

What is the duration and format of the exam?

<p>The exam lasts 90 minutes and is conducted in a closed-book format using specific software.</p> Signup and view all the answers

What are the key components required to prepare for the exam?

<p>Key components include attending lectures, completing weekly readings, and engaging in Homework Questions.</p> Signup and view all the answers

What is the main focus of the presentations in Week 4?

<p>The main focus is on The Law of Treaties.</p> Signup and view all the answers

Flashcards

Sovereignty

The principle that a state has supreme and independent authority within its own territory, free from external control.

Territorial Integrity

The right of a state to maintain its borders and territory intact, free from external aggression or intervention.

Government

A recognized and established government that exercises authority and control over a defined territory and its people.

International Law

A system of rules and principles that govern relations between sovereign states and international organizations, such as the United Nations.

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The Leviathan

A powerful, centralized authority created by individuals through a social contract, necessary to prevent conflict and disorder that prevails in a state of nature.

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State

A human community that successfully claims the monopoly of the legitimate use of physical force within a given territory.

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State Responsibility

The principle that a state is responsible for the actions of its government and its officials, even if they act outside of their official capacity.

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Collective Security

A system of principles and practices designed to maintain peace and security within a particular region or globally.

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What is international law?

International law is a system of rules and principles that regulate the conduct of states and other international actors.

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What are concepts and principles of international law?

International law encompasses various concepts and principles that guide interactions between states and other entities on the global stage.

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What are the limitations of international law?

International law's limitations stem from its reliance on the consent of states, the absence of a strong enforcement mechanism, and the complexities of international relations.

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How does international law and power interact?

The interplay of power and international law shapes how international rules are applied and enforced. Strong states have a significant influence on the system.

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What is the International Court of Justice (ICJ)?

The International Court of Justice (ICJ) is the primary judicial body for resolving disputes between states based on international law.

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What is the difference between Public and Private International Law?

Public international law emphasizes the regulation of interactions between states and international organizations; private international law deals with conflicts involving individuals and entities within different legal jurisdictions.

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What is the purpose of the homework questions?

The homework questions are designed to be challenging and thought-provoking, encouraging a deeper understanding of the course material.

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How are the homework questions graded?

The weekly homework questions are graded and provide valuable feedback, helping students identify strengths and weaknesses in their understanding.

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What does the homework question do for the student?

The weekly homework questions are an important part of the learning process, as they help students apply and solidify their understanding of the course material.

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What is the learning environment like for this course?

The course is designed to be interactive and engaging. Students can ask questions, share ideas, and participate actively.

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What is sovereignty?

A state's right to govern itself independently and without interference from other states, including the right to make its own laws, maintain its territory, and conduct foreign relations.

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Can a Mexican national accused of crimes against Mexicans be tried by Sweden?

It's unlikely. Sweden does not have jurisdiction over crimes committed by Mexican nationals against other Mexicans outside Sweden. Territorial jurisdiction is generally required.

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Is it illegal for a state to use force against a military target?

International law generally prohibits the use of force against military targets. It's not illegal per se, but there are exceptions.

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What are treaties in international law?

Treaties are legally binding agreements between states that create obligations and rights. They form the basis of many international legal principles.

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Who are subjects of international law?

International organizations, states, and individuals are all recognized subjects of international law, meaning they have rights and obligations under it.

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What is jurisdiction in international law?

Jurisdiction refers to a state's legal power to exercise authority over people, property, and events within its territory. It can also extend beyond its borders in certain cases.

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What are immunities in international law?

Immunities are special legal protections granted to certain individuals (e.g., diplomats, heads of state) and organizations (e.g., international organizations) under international law.

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What is state responsibility in international law?

States have a responsibility to uphold international law and to provide remedies for breaches. This is called state responsibility in international law.

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What is peaceful settlement of disputes?

Peaceful settlement of disputes refers to methods and processes for resolving conflicts between states without resorting to armed force.

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Law of Treaties

The central source of international law, arising from agreements between states. Treaties create binding obligations for participating states, shaping international relations and establishing specific legal regimes.

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Peaceful Dispute Settlement

The process of resolving disputes between states through peaceful means. It involves various methods, including negotiation, mediation, arbitration, and adjudication.

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Sanctions

A vital tool for enforcing international law and deterring violations. Sanctions are restrictive measures imposed by one or more states on another state, often targeting economic, political, or diplomatic activities due to a specific violation of international law.

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Use of Force

The use of force by a state against another state, encompassing military action, invasion, and other acts of aggression.

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Law of the Sea

The legal regime governing the use of the world's oceans, including navigation, fishing, and resource exploitation. It seeks to balance state sovereignty over their territorial seas with the need for freedom of the seas for international trade and scientific research.

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Pre-Westphalia Era

The period before the Peace of Westphalia (1648), characterized by various tribes, empires, city-states, and groups often engaged in expansionist wars and conquests.

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Post-Westphalia Era

The period from the Peace of Westphalia (1648) to the end of World War II (1945), marked by the rise of sovereign states with defined territories, governments, and populations. Diplomatic means became key to resolving conflicts, replacing widespread warfare.

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United Nations Era

The period from the founding of the United Nations in 1945 to the present, characterized by international efforts to prevent war, promote human rights, and establish international law.

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Supranational Organizations

International organizations, such as the European Union, that operate above the level of individual states and have authority over member states.

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Treaty of Utrecht

A treaty signed in 1713 that ended the War of the Spanish Succession, demonstrating the power of diplomacy and the ability of nations to resolve conflicts through agreements.

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Congress of Vienna

A series of agreements reached in 1815 following the Napoleonic Wars, establishing a balance of power in Europe and promoting stability through international cooperation.

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Hague Peace Conferences

A series of international conferences held in 1899 and 1907, which focused on promoting peaceful conflict resolution and establishing the Permanent Court of International Justice (PCIJ).

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League of Nations

An international organization created in 1919 after World War I with the goal of promoting international cooperation and preventing future wars. Though it lacked enforcement power and ultimately failed, it laid the groundwork for the United Nations.

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Kellogg-Briand Pact

A treaty signed in 1928 by many nations, in which they renounced war as a means of settling international disputes. Although the agreement lacked enforcement mechanisms, it symbolized the growing international desire for peace.

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Study Notes

Course Information

  • Course title: Public International Law
  • Course instructor: Anna Schmitt Nagelbach, LLM
  • Course semester: Fall 2024

Course Objectives

  • Understand concepts and principles of international law
  • Understand limitations of international law
  • Understand international law and power dynamics
  • Understand the functioning of the International Court of Justice
  • Analyze problem scenarios using international law and demonstrate awareness of alternative viewpoints.

Course Structure

  • Weekly schedule will be covered
  • Assessments will be introduced
  • Advice on how to succeed will be offered
  • Introduction to Public International Law will be provided
  • Interactive lectures are used
  • Homework questions presented weekly (starting week 4); student group presentations; and class discussion will occur.
  • Interactive "quizzes" use Wooclap and are not graded.
  • Presentations will take place based on the assigned homework question for each week, with 2 groups expected to engage via questions and comments.
  • Students must give at least one presentation and it is a pass/fail assessment for the essay component.

Assessments

  • Essay (30%):
    • Groups of approximately 3 students
    • Exam-style questions to be decided in week 4
    • Specific questions made available in week 4
    • Due date: December 7th, 11:59 PM
    • Submit Word document on Brightspace (one submission per group)
  • Exam (70%):
    • 90 minutes in duration
    • Held in December
    • On-site with one A4 sheet of paper (handwriting only on one side)
    • Closed-book examination.
    • Students should clear their schedules for both the exam and any potential resit.
  • Homework questions presentations (each week):
    • Beginning in week 4
    • Students are expected to contribute to questions and comments relating to the presentations.

General Points

  • The course is in-person, except for one week (week of November 27th).
  • Brightspace will be used minimally. Power Point content will be posted by Weds evening and homework questions by Wednesday afternoon.
  • Students must attend lectures and participate.
  • Students should attend lectures, participate actively in class, do the readings and homework questions, to succeed in the course.
  • Students must do the readings before each lecture.
  • Bring your own mug/cup/thermos
  • Watch the recorded 27th November lecture before the following lecture.
  • Students must be available for resits.

Book Information

  • The third edition of the textbook is acceptable to use.
  • Page numbers may not perfectly match the syllabus.

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