Public International Law Fall 2024 Course Outline PDF

PUBLIC INTERNATIONAL LAW Fall 2024 Anna Schmitt Nagelbach, LLM Welcome! Today we will : - Go over the week by week schedule - Introduce the assessments - Hear some advice about how to succeed in this course - Gain an introduction to Public International Law  Overall Course Objectives - To p...

PUBLIC INTERNATIONAL LAW Fall 2024 Anna Schmitt Nagelbach, LLM Welcome! Today we will : - Go over the week by week schedule - Introduce the assessments - Hear some advice about how to succeed in this course - Gain an introduction to Public International Law  Overall Course Objectives - To provide an understanding of: - concepts and principles of international law - limitations of international law - international law and power - functioning of the International Court of Justice - To analyze problem questions (scenarios) using international law, and to show awareness of alternative arguments A typical lecture… - Starts with a student group presentation and discussion of the Homework Question from the previous week (starting in week 4) - Includes an interactive lecture where you can ask questions anytime - Often includes an interactive Wooclap “quiz” to gauge understanding (anonymously) - These “quizzes” are NOT assessments  SCHEDULE WEEK 1, SEPTEMBER 4th : INTRODUCTION - THE NATURE OF INTERNATIONAL LAW WEEK 2, SEPTEMBER 11TH : SOURCES OF INTERNATIONAL LAW WEEK 3, SEPTEMBER 18TH : THE LAW OF TREATIES WEEK 4, SEPTEMBER 25TH : THE SUBJECTS OF INTERNATIONAL LAW and HQ presentation on last week’s Law of Treaties WEEK 5, OCTOBER 2ND : JURISDICTION AND SOVEREIGNTY and HQ presentation NOTE : WEEK 6, OCTOBER 9TH : IMMUNITIES FROM NATIONAL JURISDICTION and HQ presentation No class 23 October (buffer week) WEEK 7, OCTOBER 16TH : THE PEACEFUL SETTLEMENT OF DISPUTES and HQ presentation No class 30 October (fall break) No in-person class 27 November WEEK 8, NOVEMBER 6TH : STATE RESPONSIBILITY and HQ presentation WEEK 9, NOVEMBER 13TH : SANCTIONS, COUNTERMEASURES, COLLECTIVE SECURITY and HQ presentation WEEK 10, NOVEMBER 20TH : THE USE OF FORCE and HQ presentation WEEK 11, NOVEMBER 27TH : THE LAW OF THE SEA / ENVIRONMENTAL LAW (PRE-RECORDED, NO IN-PERSON MEETING THIS WEEK) WEEK 12, DECEMBER 4th : CONCLUSION and optional HQ presentation TENTATIVE, DECEMBER 11TH : EXTRA EXAM PREPARATION MEETING General points about this course : - This is NOT an online course with optional in-person meetings…This is an in-person lecture/seminar style course - To succeed, you must regularly attend the lectures and participate : - Give at least one presentation - Ask questions / share ideas / interact with other presenters when not presenting - Do the reading and work on the Homework Questions each week Brightspace is used minimally - PPTs posted by Wednesday evening after the lecture - Homework Questions posted by every Wednesday afternoon - There will be a folder to hand in the Essay (one hand-in per group)  Questions you’ll be able to answer : How can a law exist if it is not written down or even verbally agreed to? What is the significance of sovereignty in international law? Can a Mexican national accused of crimes against Mexicans be tried by Sweden? Is it illegal for a state to use force against a military target? Introduction to Homework Questions and Presentations - After each lecture, you will see the Homework Question on Brightspace for that week - So, HQ for week 3 Law of Treaties will be presented and discussed in class in week 4 - Written in the style of the exam questions - Answering HQs helps to better understand the material AND serves as direct exam practice - Work on the HQs every week - Students expected to interact with the presenting group: ask questions, add ideas - 2 groups who are not presenting will need to sign up to ask a question / make a comment on the presentation - You must do at least one presentation : It is Pass/Fail and is a knock-out to do the Essay Assessment : The Presentation of at least one Homework - Graded as Pass/Fail Question - Passing is a knock-out criterion to get a grade on the Essay - We will arrange groups during the lecture in week 3 - Start thinking about which topics interest you - And maybe also your schedule - You’ll need some time in the week before the presi to contribute to your group - You’ll absolutely need to be present in the lecture for your group’s presentation Homework Question Presentations We start each lecture with a presentation on the previous week’s topic WEEK 4, SEPTEMBER 25TH : Presentations on The Law of Treaties WEEK 5, OCTOBER 2ND : Presentations on Subjects of International Law WEEK 6, OCTOBER 9TH : Presentations on Jurisdiction and Sovereignty WEEK 7, OCTOBER 16TH : Presentations on Immunities WEEK 8, NOVEMBER 6TH : Presentations on Peaceful Settlement of Disputes WEEK 9, NOVEMBER 13TH : Presentations on State Responsibility WEEK 10, NOVEMBER 20TH : Presentations on Sanctions, Countermeasures, and Collective Security WEEK 11, NOVEMBER 27TH : No presentations – pre-recorded lecture – no in-person meeting WEEK 12, DECEMBER 4th : Presentations on Use of Force and Law of the Sea / Environmental Law Assessment : The Essay 30% - 30% of your grade - Groups of ~3 - Exam-style questions - Groups will be decided in week 4 - Specific questions will be available in week 4 - Due 7 December 11:59PM - Submit in Word on Brightspace – 1 submission per group  Assessment : The Exam 70% - 70% of your grade - 90 minutes ; in December - In Remindo (on a school computer) - Can bring one A4 piece of paper and write whatever you want on one side – otherwise closed- book - Please clear your calendar for the exam date AND for the resit date - Attending lectures will help prepare you for the exam - Doing the weekly readings will help prepare you for the exam - Homework Questions will help prepare you for the exam - The Written Assignment will help prepare you for the exam Sample Homework Question or Exam Question Palm is an island state in the Mediterranean region. In 2022, an internal conflict arose between the government of Palm and a political movement, called ‘For the People of Palm Movement’ (FPPM). The state of Coco is known to support the FPPM financially, by providing arms to the FPPM, and by providing military training to the members of the FPPM. It has been established that the FPPM has participated in illegal activities, such as assassinations of government officials of the state of Palm. You are asked to provide the government of Palm with legal advice on the question of whether the acts of the FPPM can be attributed to the state of Coco. How to begin answering a Homework / Essay / Exam Question Use the IRAC method, or the similar FIRAC method Facts (summarize the relevant facts) I ssue (determine the area(s) of law at hand : State Responsibility? Collective Security? Formulate a legal question) R ule (figure out which specific laws / rules will help you to answer the question) A pplication / Analysis (Apply the facts at hand to the rule(s). Apply relevant previous case law. Analyze) C onclusion (Answer the legal question : Often Yes / No, plus explanation) Wooclap “quizzes” will be common NOT assessed – NOT part of your grade in any way Can be anonymous – use a nickname or fake name if you prefer to PLEASE don’t look up answers before entering your answer…that would only give me a false impression of the group’s general knowledge International Law is A system of rules and principles concerning relations between sovereign states, and relations between states and international organizations, such as the United Nations. What is a state? “The guarantee of internal peace, external security, and the enjoyment of property.” – Robespierre The Leviathan is a powerful, centralized authority created by individuals through a social contract. It is necessary to prevent conflict and disorder that prevail in a state of nature. – Hobbes “a human community that successfully claims the monopoly of the legitimate use of physical force within a given territory.” – Weber What is a state? Peace Treaty of Westphalia (1648) 1. Sovereignty 2. Territorial Integrity 3. Equality of states as independent members of an international system  4 eras : sovereignty and IL First era : pre-Westphalia – Westphalia 1648 - different tribes, empires, city-states, groups – often trying to expand - war, conquering, fighting as generally acceptable Pre-sovereignty - shortly before 1648: Hugo Grotius On the Law of War and Peace Second era : 1648 – 1945 Sovereignty : - sovereign states with defined territories, government, populations - ended a war with an agreement, through diplomatic means the modern - early treaties that shaped inter-state relations state Third era : United Nations founded 1945 – 2005 / - present Sovereign state - war is now basically illegal; emphasis on diplomatic solutions - supranational organisations (EU) very powerful, but - NGOs became actors on the international plane not the only - development of human rights (possible limits on sovereignty) influence in int’l affairs - (Fourth era : Responsibility to Protect 2005 – present - ‘flipped’ sovereignty : sovereignty includes responsibility to protect populations of people  2nd Era Elaboration - Second era : Post-Westphalia - 1945 - sovereign states with defined territories, government, populations - war can end through diplomatic means - early treaties that shaped inter-state relations - Treaty of Utrecht 1713 - Congress of Vienna 1815  Concert of Europe agreements on river navigation, slave trade - The Hague Peace Conferences 1899 & 1907  PCIJ; many treaties between states - League of Nations 1919 - Kelogg-Briand Pact / Pact of Paris 1928 (renounced war!) 3rd Era Elaboration Third era : United Nations founded 1945 “…determined to save succeeding generations from the scourge of war, … and to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and to promote social progress and better standards of life in larger freedom, and for these ends to practice tolerance and live together in peace with one another as good neighbours, and to unite our strength to maintain international peace and security, and to ensure…that armed force shall not be used, save in the common interest…."  The role of states - States are sovereign. - Law can only be made with consent of states. - International organizations largely dependent on states and the willingness of their governments for support. - Only states can be members of the UN ; only states can call upon the UNSC if there is a threat to international peace and security. - Only states may appear in proceedings before the International Court of Justice. - International Law is still predominantly made and implemented by states.  EXAM 11. Law of the Sea and Environmental Law 10. Use of Force 9. Sanctions, Measures, Countermeasures 11. Law of the Sea & Environmental Law 8. State Responsibility 7. Peaceful Dispute 8. State Responsibility Settlement 6. Immunities 5. Jurisdiction & Sovereignty 4. Subjects 3. Law of Treaties 3. Law of Treaties 2. Sources 1. Lectures will : Start on time Start with a group presentation on the Homework Questions (Week 4 – 12 except 11) - students not presenting are expected to offer ideas or ask questions I will then lecture - raise your hand with any questions  Wooclap quiz at some point during the lecture To repeat a few things… - We meet in person, with one exception in the week of 27 November - The course is set up as an in-person lecture course (not an online course with optional in-person meetings) … that means attending the lectures is essential! - PPTs will be posted after the lecture by the end of the day - BUT text on PPTs is limited ; reading the PPT is no substitute for attending the lecture - Group presentations of Homework Questions will begin in week 4 WHAT IS REQUIRED OF YOU FOR THIS COURSE : - Do the week’s reading BEFORE each lecture - Show up to the lectures, and be a few minutes early for a free coffee  BYOC - Bring your own mug / cup / thermos - Watch the recorded 27 November lecture at any point before the following lecture - Work on the Homework Questions each week - Give at least one presentation on a Homework Question with a small group - Write an essay on one of the topics given with a group - Take the exam - Be available for the resit The only book you need to buy : The third edition is also perfectly fine to use. Just be aware that the exact page numbers - fffadfa of the third edition may not match the syllabus.