International Law II

Course Objectives

The objective of the course is to build on the introductory course on International Law introducing students to the working of the various international courts and tribunals, the law of alliances, treaties and conventions, the use of force, humanitarian international law, war and war crimes, arms control and disarmament and the Law of the Sea.

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

Key Learning Outcomes

The specific learning outcomes of the course are that students will:

• Appreciate the development of international courts: the Permanent Court of Arbitration; Permanent Court of International Justice and the International Court of Justice
• understand the nature and importance of treaties, alliances and conventions under International Law
• know when and how force can be legally used in today’s International Society
• understand development, nature and importance of international humanitarian law
• appreciate the importance of International Law in relation to war and war crimes
• understand the importance of the various arms control, disarmament and the Non-Proliferation Treaty in International Law
• have an appreciation of the importance of the Law of the Sea in the free movement of shipping and the exploitation of the Sea, Continental Shelves and the Sea Bed

Course Structure

The Introduction to International Law II course is structured as follows.

Permanent Court of Arbitration, Permanent Court of International Justice, International Court of Justice:

• Development of Arbitration in modern international relations
• The Permanent Court of Arbitration
• League of Nations (1920-1946) and the Permanent Court of International Justice
• Development ,jurisdiction and judicial process of the International Court of Justice
• International Court of Justice and the Security Council

Alliances, Treaties and Conventions:

• Alliances and International Law: case study -The Washington Treaty (NATO)
• Treaties and International Law: case studies-The Sea Bed Treaty
• Conventions: case study-The European Convention of Human Rights

International Law and the Use of Force:

• Just War, humanitarian intervention
• Civil War , rescue of citizens

International Humanitarian Law:

• Natural Law and Human Rights; Liberal position on human rights
• Development of International Humanitarian Law: the UN Universal Declaration on Human Rights 1948
• International Covenant on Civil and Political Rights 1966
• International Covenant on Economic, Social and Cultural Rights 1966
• European Convention on Human Rights and Fundamental Freedoms 1950

War and International Law:

• Customary laws of war
• The Geneva Conventions: combatants, civilians, occupation and neutrals

International War Crimes Tribunals and the International Criminal Court:

• Who are the war criminals?
• Nuremburg and Tokyo Tribunals
• International Criminal Tribunals for Rwanda and Yugoslavia
• The Baez principle and the arrest of Pinochet
• The International Criminal Court
• Opposition to the International Criminal Court

Arms Control, Disarmament and International Law:

• Arms Control & Disarmament, disarmament conferences, categories of arms control agreements
• Nuclear Weapons states and international law, the Non-Proliferation Treaty
• Nuclear proliferation and International Law

International Law and the Sea:

• Sources of the Law of the Sea, The Convention on the Law of the Sea of 1982
• Territorial Sea
• Exclusive Economic Zone, the Continental Shelf, the Deep Sea Bed

Assessment and Minimum Standards

The method of assessment will be one piece of coursework in the form of a 1500 to 2000 word essay and a final examination. The coursework essay with be 30% of the final mark and the exam 70%. The minimum pass mark for the course in 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.

On completion of the course the minimum standards students will be expected to have achieved are:

• to have an understanding of the development, key concepts and decisions of international courts
• to be able to distinguish between alliances, treaties and conventions and understand their place within the context of International Law and in relations between states
• to know under what circumstances force can be used in today’s International Society, the legality and limits on the use of force imposed on states by International Law
• to understand the concept of human rights and the importance of humanitarian international law
• to have a working knowledge of International Law in relation to the Law of War
• to understand the nature of War Crimes and the basis on which international tribunals have been established to try war criminals
• to understand the significance and structure of the International Criminal Court and why some states oppose the Court
• top be able to distinguish between disarmament and arms control, understand the importance and limits of the non-proliferation regime, put in place by the Non-Proliferation Treaty to stop nuclear proliferation via an international legal regime
• to have gained an understanding of the nature and importance of the Law of the Sea
• to appreciate the multi-disciplined approach in the study of advanced topics
• to be able to 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.