Public International Law

2015-16
Introduction to the Module
(1LAW666 and 1LWX612)
28 September 2015

Structure
One seminar per week
2-4pm or 4-6pm Mondays
Specific preparation required (see Handbook and check
Blackboard each week)
You are assigned to a specific seminar group.

Independent study
Week 5, 26 October no seminar
Reading/activity will be posted on Blackboard

Structure
Semester 1: Introduction to sources and
principles of international law, and some
key issues in international law (Ruth
Mackenzie)
Semester 2: critical approaches to
international law (Eleni Frantziou)
A separate handbook will be distributed for
semester 2 material

Assessment
Semester 1
Essay/Problem question
You will be given a problem scenario and asked to
address two questions related to the problem
For 1LAW666 students essay counts for 50% of
total mark for module
For 1LWX612 students essay counts for 100%
mark for module

Semester 2 (1LAW666 only)

Exam (50% of total mark for module)
Exam is based on semester 2 work

Public International Law

What is it?
Public international law primarily governs relations
between states
- It also addresses establishment and operation of
international organisations (e.g. United Nations)
- Can also encompass relations between states and
individuals (e.g. international human rights law)
- While states are the primary subjects of international
law, increasingly international law has an impact upon
individuals, communities and corporate entities

- Cf private international law (conflict of laws)

- Situations within a domestic legal system where issues
of foreign law or role of foreign courts arise

Public international law

PIL is a separate system of law
The way in which PIL is made is very
different to domestic law
Questions arise about the nature of
international law and its enforceability

Why does it matter?

Fundamental principles of international law establish how
states are established and the basis upon which they
exercise jurisdiction to make and enforce domestic laws
International law governs the use of force by one state (or
group of states) against another. A rule is now established
prohibiting the use of the force by states except in the very
limited circumstances provided in the United Nations
Charter.
International law regulates how a state should treat its own
citizens and those under its jurisdiction (human rights )
International law governs the conduct of international and
internal (civil) conflicts international humanitarian law
e.g. the protection of non-combatants

Why does it matter?

Scope and complexity of international law has
grown hugely in the last 30-40 years, for example:
detailed agreements (treaties) have been adopted
addressing, e.g.: international trade; environmental
protection; human rights; disarmament and weapons
control; health protection; foreign investment; terrorism
increasing number of international and regional courts
have been established by states to decide disputes
concerning questions of international law
Questions of international law arise with growing
frequency before national courts

Topics: Semester 1
Nature of international law
Sources of international law how is
international law made?
Law of treaties
Statehood and self-determination
International refugee law

Topics: Semester 1 (continued)

State responsibility (when is state responsible
for a violation of a rule of international law, and
what are the consequences?)
Use of force under IL
Including prohibition of use of force; role of UN
Security Council and how it works; right to selfdefence; humanitarian intervention; and the concept
of responsibility to protect

Settlement of disputes in international law

International criminal law and the International
Criminal Court

Books and materials

Semester 1 Handbook is on Blackboard
please let me know if any problems with access
Textbook:
M. Dixon, International Law (Oxford University Press,
7th edition, 2013)

You can also refer to other textbooks and

Cases and Materials collections (see list in
Handbook)

Other very useful books

D. Harris, Cases and Materials on International Law (Sweet and

Maxwell, 8th edition, 2015)

M. Shaw, International Law (Cambridge University Press, 7th edition,

2014)
M. Evans, Blackstones International Law Documents (Oxford
University Press, 12th edition, 2015)
M. Evans (ed.), International Law (Oxford Uni. Press, 4th edition,
2014)
J. Crawford and M. Koskenniemi (eds.) Cambridge Companion to
International Law (Cambridge University Press, 2012)
A. Abass, Complete International Law, Texts, Cases and Materials
(Oxford University Press, 2nd edition, 2014)

R. Higgins, Problems and Process: International Law and How We

Use It (Oxford, 1995)
P. Sands, Lawless World (Penguin, 2006)

Useful journals

International and Comparative Law Quarterly

American Journal of International Law
British Yearbook of International Law
European Journal of International Law
References to other journals and materials will
also be provided for specific topics

N.B. You should also keep up with current

international events through newspapers/news
websites etc

Relevance of international law

some recent examples
Use of force and role of UN:
E.g. Iraq; Libya; Syria; Gaza; Ukraine
Is the use of force by states lawful in these situations?
Is international law on the use of force changing?

War on terror
E.g. UN Security Council resolutions

International criminal law: genocide, war crimes and

crimes against humanity
Prosecution of Charles Taylor (Special Court for Sierra Leone)
Prosecutions of Milosevic and Karadzic by Intl Criminal Tribunal
for the Former Yugoslavia
ICC prosecutions arising out of events in Congo; Uganda; Kenya;
Ivory Coast; Libya etc
Domestic prosecution of war crimes/crimes against humanity

Relevance of international law?

Statehood and recognition
Palestines application to join United Nations
Status of Kosovo
Georgia/Russia dispute re South Ossetia and
Abkhazia
Ukraine/Russia dispute re Crimea
The emergence of new state of South Sudan, 2011

Human rights
Role of UN; international and regional treaties;
regional courts
Individuals and international law

Relevance of international law?

Boundary disputes/disputed territories e.g China/Japan
in East China Sea
Dispute settlement
Role of International Court of Justice (the judicial body of the
UN) in settling international disputes?
How effective is it?

Other forms of dispute settlement: mediation, arbitration

Relevance of international law

International cooperation through international law and
international organisations, e.g.
Environment e.g. negotiations on a new agreement
on mitigating climate change (due to be adopted in
Paris December 2015)
Trade: World Trade Organization and regional trade
organisations
Combating maritime piracy
Response to international refugee crises
Wide range of specialised areas of international law

Changing nature of international law

Growing scope and specificity of international law
But still difficulties in implementation and
enforcement
No global legislature or enforcement authority
NB role of UN Security Council in relation to
international peace and security;
jurisdiction of international courts is based on
consent
Widely recognised that international law is no
longer only about states and international
organisations also relevant to individuals,
NGOs, corporations etc

Nature of international law

Next week, lecture will examine sources of
international law
International law based on consent of
states whose conduct it regulates
Is international law a system of law at all?
Can it really bind powerful states? Or is it
all about politics?

Seminar 2, 5 October
We will look at Sources of International
Law i.e. how is international law made?
Reading and questions to consider in the
Handbook