International Law I

Course Objectives

The objective of the course is to introduce and familiarize students with the nature and development of international law and the key components of international law: the sovereign state, diplomacy, regional organizations, supranational organizations and their importance in the development and enforcement of international law in today’s international society.

This course will be offered as an option to Pre-Masters students wishing to specialize in international relations, law or international law, in their second semester and will be examined.

Key Learning Outcomes

The aim of this course is to introduce students to the development and nature of international law and morality and the concept of sovereignty; diplomacy; the European Union and international law; the United Nations; UN Security Council, peacekeeping and peacemaking and the enforcement of international law.

The following key learning outcomes are specified for the Introduction to International Law I course. Students who complete the course will:

• have developed an understanding of the key concepts and ideas that provide the framework for the study of International Law
• understand the concept and idea of International Morality
• become familiar with the concept and importance of Sovereignty, Legal Personality and Recognition of States under International Law
• understand the nature and place of Diplomacy in state-to-state relations under International Law
• distinguish between Diplomacy and the “New Diplomacy”
• understand the impact of the European Union on International Law and the national law of the United Kingdom
• be introduced to the structure and work of the United Nations and its importance in the development and implementation of International Law
• understand the workings of the UN Security Council and the legal use of force under International Law
• have an understanding of the Enforcement of International Law through the study of selective UN Peacekeeping and Peacemaking Missions

Course Structure

The course structure of Introduction to International Law I is set out below.

Introduction: Development and Nature of International Law

• What is International Law?
• How does it differ from Domestic law?
• International Law and International Society
• Customary, Private and Public International Law

Principal Concept: Sovereignty

• Definition of Sovereignty
• Importance of Sovereignty in International Law
• Concept of Legal Personality under International Law
• Recognition: Declaratory and Constitutive Theories of State Recognition
• Impact of Non-Recognition of a State

Principal Concept: Diplomacy

• What is Diplomacy?
• Diplomacy and International Law
• Internationally Protected People, Rights and Duties of Diplomats, Embassies and Heads of State
• The “New Diplomacy”

Impact of the European Union:

• Case study of the European Union
• European Union and International Law
• European Union and Domestic Law: the United Kingdom
• Diplomacy and the European Union

The United Nations and International Law:

• Structure of the United Nations
• How the United Nations developed International Law
• The International Court of Justice
• UN Security Council and the Enforcement of International Law
• Peacekeeping Case Studies: Croatia, Bosnia-Herzegovina and Kosovo
• Peacemaking Case Studies: Kuwait, Kosovo, East Timor and Darfur

Assessment and Minimum Standards

The method of assessment will be one piece of coursework in the form of a 1,500 to 2,000 word essay and a final exam. The coursework will contribute 30% of the final mark and the exam 70%. The minimum pass mark is 40%.

The final exam will require students to answer two questions, from six, in a three hour paper. Each question will consists of two short answer questions, of 5 marks each, and an essay question of 40 marks. The Total marks of the paper will be 100%.

Students will, on completion of the course:

• have developed an understanding of the key concepts and ideas that provide the framework for the study of International Relations and international law
• become familiar with the development and nature of International Law
• understand the concept and importance of Sovereignty, Legal Personality and Recognition in International Law
• understand the Law of Diplomacy and to be able to distinguish between the “Old” and “New” diplomacy
• appreciate the impact of advanced regional organizations, in particular the European Union on domestic law, International Law and Sovereignty
• have an understanding of the institutions and role of the United Nations in International Law
• understand the enforcement role of the UN Security Council in International Law
• to be able to distinguish between Peace Keeping and Peace Making
• employ research methods to both home and coursework

Books recommended for the course

Byers, M., (2007). War Law. London: Atlantic Books.

Dixon, M., (2005). Text Book on International Law. (5th Edition), Oxford: The Oxford University Press

Sands, P., (2006). Lawless World: America and the Making and Breaking of Global Rules. London: Penguin Books Ltd.