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May 11, 2021
101
2020/2021
Summary
Subjects
history
subjects
motevideo
sources
treaty
amnesty
international law
courts
sovereignty
custom
general principles
doctrine
icj
state responsibility
immunities
disputes
international court of justice
se
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Legal Sources - Public International Law
Learning objectives problem 4 PIL
International Law, Jan Klabbers - Second Edition
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International law (620228B6)
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Content preview
International law
Inhoudsopgave
International law 1
Lecture 1: introduction and a Brief history 2
Klabbers – Chapter 1: 8
Crawford – introduction: 12
Lecture 2: 16
Case 1 - Subjects (Lecture 2) 22
Klabbers – Chapter 4: 27
Montevideo Convention: 27
General Assembly Resolution 2625: 27
Lecture 3: 28
Case 2 - Sources (Lecture 3) 32
Klabbers – Chapter 2: 38
Article 38 Statute of the International Court of Justice: 38
Lecture 4: 39
Klabbers – Chapter 3: 49
Lecture 5: 51
Lecture 6: 55
Klabbers – Chapter 7: 63
Amnesty International, ‘On Trial: Shell in Nigeria. Legal Actions against the Oil Multinational’ (10
February 2020): 67
International Law Commission, Articles on the Responsibility of States for Internationally
Wrongful Acts (2001): 67
Kingsbury, ‘International courts: uneven judicialisation in global order’ in Crawford &
Koskenniemi (Chapter 9) 67
Lecture 7: 78
Klabbers – Chapter 5: 82
Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) 85
Lecture 9: settlement of disputes 86
Klabbers – Chapter 8: 91
Lecture 10: 94
Klabbers - Chapter 10: 99
1
,Lecture 1: introduction and a Brief history
Lecturer: Sahib Singh
1. Practicalities
2. Scope of International law
3. Ways of seeing international law
4. Whose order?
1. Practicalities:
In the lectures beyond the readings. Analyse certain parts of the readings.
2 exams: research base:
- mid-term case study 50%: cases we look at in class and in group is a good preparation for
this. 4 days to research and answer it. He is more interested in how you think. Based on
research it, the cases, if they are relevant, provide details, adding nuances to it. Individual.
Probably 2/3 hours.
Read syllabus: 3 case studies.
- strategy document: we have already groups. Make over the next 2 months. Group based.
Teach yourself an area of law. None of the 4 topics are taught in the classes. Capacity to take
the basics we learn here and research a different area of law. = 2 levels:
1: simply understand how an area of law works
2: detailed analyses of the problem you are given. Political interest, economic.
-> read the syllabus.
1 document for the whole group. Not more than 3 pages.
2. Scope of international law
This course is the foundation to take steps.
3. Ways of seeing international law
2
,3
, 3 -> from chaos to organise.
Uncomplicated ways of understanding history:
1648: they recognize states for the first time.
End of 19th: looked to regulate war in different ways.
1920: wants to make the first court. + write custom laws.
1955: from 51 states to 293 states in 2021. In 60 years. Empires fell. New states were born.
1990: accompanied by increasing international treaties, monetary bank, number of bilateral
treaties.
From 1648: the amount of law has increased. Grown and grown and grown. But as we have
seen, the amount of inequality and amount of injustice has increased. = paradox. More law
but arguably more ways that one can be displayed trough international law.
Complicating our perspectives:
4
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