Вы находитесь на странице: 1из 36

PUBLIC INTERNATIONAL LAW

PIL 1 & PIL 2

Rules/Introduction/ overview & Course Outline


Week 1

Rules
Peraturan 2.13, Peraturan Akademik Pindaan 2008 -Kehadiran Pelajar (80%) Students are required to adhere to Sahsiah Rupa Diri Pelajar when attending lecture Any enquiry via SMS will not be entertained Phone calls can only be made during office hours-extension 1469

Continuous assessment (30%)


Two tests will be given on specified topics Each tests would consists of 15 marks The date for the tests would be notified to the students based on the progress of the lectures

References
DJ Harris, Cases and Materials on International Law (sixth Edition) Malcolm N. Shaw, International Law (Fifth Edition) Malcolm D Evans, Blackstones Statutes, International Law Documents (Eight Edition)

References (compulsory)
Charter of the United Nations Vienna Convention on the Law of Treaties (1969) International Law Commission Articles on Responsibility of States for Internationally Wrongful Act (2001) International Law Commission Draft Articles on Diplomatic Protection (2006) Vienna Convention on Diplomatic Relations

PUBLIC INTERNATIONAL LAW 1

Nature of International Law Subjects of international law


Week 2

What is international law Is international law really a law? Brief history of International law

International law before municipal courts Subjects of International law

Sources of International Law


Week 3

Article 38 (1) of the Statute of International Court of Justice: Customary international law Treaties/ conventions General principles of law recognized by civilised nations Judicial decision Teaching of most highly qualified publicist Other possible sources Jus cogens and peremptory norms of international law

Law of treaties
Week 4 & 5

The Vienna Convention on the Law of Treaties: History, basic provisions and principle Formalities of a treaty The making of a treaty Reservations Validity and applications Interpretation of a treaty Termination of a treaty

States and territory


Week 6, 8 & 9

The criteria of Statehood Recognition The modes of acquisition of territory a) Occupation b) Prescription c) Accretion d) Cession e) Conquest f) Estoppel Territorial claims based on the right of self determination Antarctica

State Responsibility and Diplomatic Protection


Week 10 &11

The nature of state responsibility The Draft Articles on State Responsibility oAttribution of conduct to a state oCircumstances precluding wrongfulness oLegal consequences of internationally wrongful acts oSerious breaches of peremptory norms oInvocation of the responsibility of a state oCountermeasures Diplomatic protection oThe treatment of aliens oThe expropriation of foreign property oDraft Articles on Diplomatic Protection oNationality oExhaustion of local remedies

Jurisdiction and immunities


Week 12 &13

Jurisdiction oTerritoriality oNationality oPassive personality oUniversal jurisdiction and international crimes Sovereign immunity Diplomatic Immunity (the Vienna Convention on Diplomatic Relations 1961) oInviolability oExtraterritoriality of missions oDiplomatic immunities Consular privileges and immunities

PUBLIC INTERNATIONAL LAW II

United Nations and its organs

General Assembly

Security Council

Economic and Social Council


Secretariat Specialised agencies

Peaceful settlement of disputes International Court of Justice

The meaning of dispute settlement Settlement of disputes provided under Article 33 of the Charter of United Nations: oNegotiation oMediation and good offices oInquiry oConciliation oArbitration oJudicial settlement

The role of the International Court of Justice in the international dispute settlement system Composition Jurisdiction oContentious oAdvisory opinion Art.36(2) of the Statute of International Court of Justice: the optional clause-compulsory jurisdiction of the court

International Protection of human rights

The development of international protection of human rights law The Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights Regional protection of human rights conventions

Use of force International Humanitarian Law

Prohibition on the use of force: Article 2(4)

of the Charter of United Nations


oSelf defence

oHumanitarian intervention
oWars of national liberation oIntervention in civil strife and civil wars

Developments of International Humanitarian Law (IHL) Types of armed conflict: international armed conflict, non-international armed conflict Sources of IHL Principles of IHL Prisoners of war Protection of Civilians Prohibitions and limitations of weapons in war The international Criminal Court and war crimes

Law of the Sea

Territorial sea Contiguous zone High seas Continental shelf International seabed

International Environmental Law

Sources and principles of International Environmental Law

International Economic Law

World trading system and the world trade organisation