Introduction to International Law
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1.24.14 Georgetown University Law Center Rev. 1.24.14 Spring 2014
LAWJ 235-01 (3 credit hours)
This course provides a broad introduction to the nature, sources and operation of international law. It includes a survey of the basic principles, instruments and institutions of “public international law,” such as the law governing treaties and other international agreements, the nature and content of customary international law, the recognition of states and governments, the role and operation of international and regional organizations such as the United Nations and the OAS, international human rights, methods of international dispute resolution (including the role of the International Court of Justice and other entities), the law of the sea and international criminal law, and principles governing the use of force. We will also spend some time on the status of international law in the U.S. legal system (as reflected in concepts of civil and criminal jurisdiction, diplomatic and foreign sovereign immunity, and the act of state doctrine) and the allocation of foreign affairs powers between the President, the Congress and the Judiciary. Depending on your particular interests, we can also devote time to one or two “hot topics” – in such areas, for example, as counter-terrorism, international crimes, trafficking in drugs and persons, use of force and UN sanctions in response to recent developments, etc. Textbook We will be using the 6th edition of Carter, Trimble & Weiner’s International Law (Aspen 2011) together with its document supplement (2013-2015). The assigned readings are from these two volumes. Some supplemental readings have been posted on courseware. You may also find it useful to refer to Buergenthal and Murphy, Public International Law in a Nutshell (5th ed. 2013); Murphy, Principles of International Law (2nd 2012); or Bederman, International Law Frameworks (2nd ed. 2006) – all readily available at the bookstore or online. Take a few moments, at your leisure during the first two or three weeks of the course, to visit http://www.asil.org/education/100-ways and read or download “International Law: 100 Ways It Shapes Our Lives.” Exam The examination will be a comprehensive three-hour, entirely open-book test covering the entire course on the basis of hypothetical and essay-type questions. It is scheduled to be held on Tuesday 5/01/14 at 9:00 a.m. Copies of previous exams in this and similar courses are of course available to you. Reading Assignments The schedule of topics and readings is attached. My intent will be to keep to this schedule as closely as possible, although travel commitments will require some adjustments. The readings in the textbook are in the neighborhood of 35 pages per class. Do not overlook the readings in the documentary supplement, since they are important and one of your tasks this semester is to become familiar with these basic international law instruments. Again, supplemental materials have already been posted on courseware – they are also an important part of your assignments -- and some additional materials may be added as the course progresses. Please note the assignment to be completed for the first class. Participation My expectations are simple: Be present, be prepared, be a participant. Attendance in class is required. Do the readings. Every class member should be prepared for each session and may expect to be called upon. Active class participation is strongly encouraged. Discussions and presentations will assume your familiarity with the assigned readings; you will benefit only if you have done them thoughtfully. Your active participation in, and positive contributions to, class discussions may be taken into account in the final course grade, but only to your benefit. Courseware We will be using Courseware for communication, discussion, assignment and document distribution. Our password is “intlaw.” Contacting Me My office is Hotung 6018. I can be reached at stewartd@law.georgetown.edu. My office hours are Tuesdays 2-3 p.m. For appointments, contact Jacquelyn E. Williams at 202-662-9687 or jew43@law.georgetown.edu. Classes and Reading Assignments
Reading: pp. 1-30 Courseware: Read UN Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States, UNGA Res. 2625 (1970)
Reading: pp. 30-59 Courseware: Milanović v. Serbia (ECHR 12.16.10) No class Jan. 20 MLK Jan. 22 Weds Cancelled (snow day)
Reading: pp. 85-115 Doc. Supp.: VCLT (pp. 43-69), arts. 1-18, 26-27, 31-33, 46-64
Reading: pp. 115-152 Courseware: Lowenfeld Declaration., Republic of Ecuador v. ChevronTexaco (2007)
Reading: n/a Doc. Supp.: UN Women’s Convention, pp. 438-448 Courseware: Materials on Proposed CEDAW RUD’s and Ratification Debate; Krishanthi v. Rajaratnam, 2010 WL 3429529 (D.N.J. Aug. 26, 2010), reconsideration denied, 2011 WL 1885707 (D.N.J. May 11, 2011).
Reading: pp. 429-463 Courseware: Materials on New States; Materials on Admission of Palestine as UN Observer State; Zivotofsky ex rel. Zivotofsky v. Sec’y of State, 132 S.Ct. 1421 (2012)
Reading: pp. 463-501 Doc. Supp.: UN Charter (pp.1-27), esp. arts. 1-8, 33-51, 92-96, 102-103 Courseware: Materials on International Organization
Reading: pp. 501-533 Doc. Supp.: OAS Charter, pp. 288-300 Supplemental: Visit http://www.oas.org/en/topics/international_law.asp
Reading: pp. 283-289, 295-334 Doc. Supp.: ICJ Statute, pp. 28-42 No Class -- Feb 10 or 12 No Class -- Feb 17 or 19
Reading: pp. 334-341, 350-368, 378-90 Doc. Supp.: New York Convention, pp. 118-122; ICSID Convention, pp. 123-136
Reading: pp. 153-186, 202-207 Doc. Supp.: U.S. Constitution, arts. III and VI, pp. 77-79 Courseware: Materials on Disabilities Convention
Reading: pp. 240-268 Doc. Supp.: ATS and TVPA, pp. 101-102 Courseware: Kiobel v. Royal Dutch Shell Petroleum, 621 F.3d 111 (2nd Cir. 2010)
Reading: pp. 637-664 Courseware: State v. Jack, 125 P.3d 311 (Ala. 2005)
Reading: pp. 670-674, 684-710 Courseware: United States v. Bellaizac-Hurtado, 700 F.3d 1245 (11th Cir. 2012); Materials on Universal Jurisdiction No Class - March 10 or 12 15. March 17 Mon State Responsibility/Diplomatic Protection Reading: pp. 721-747 Doc. Supp.: ILC Draft Articles, pp. 374-385
Reading: pp. 747-771 Doc. Supp.: UDHR, pp. 386-391; ICCPR, pp. 392- 407; ICESCR, pp. 414-422
Reading: pp. 771-812 Doc. Supp.: Senate Res. of Advice and Consent to ICCPR, pp. 408-410 Courseware: UN Human Rights Council Res 15/9 Right to Water (9.30.10
Reading: pp. 535-562, 569-81, 585-587 Doc. Supp.: FSIA, pp. 301-316 Courseware: ASIL Insights on Samantar
Reading: pp. 604-636 Doc. Supp.: VCDR, pp. 317-330 (esp. arts. 22-25, 29-32, 39)
Reading: pp. 415-428; 710-719 Courseware: Stewart, Private International Law, 30 U. Pa. J. Int'l L. 1121 (2009)
Reading: pp. 813-857 Doc. Supp.: UNCLOS, pp. 545 ff
Reading: pp. 857-877 Doc. Supp.: UNCLOS, pp. 545 ff Courseware: Materials on South China Sea
Reading: pp. 931-973 Doc. Supp.: UN Definition of Aggression (1974), pp. 751-754
Reading: pp. 977-985, 988-1013, 1023-1028; 1033-1045 Courseware: UNGA Res 53/144 (1999) Responsibility to Protect; Materials on Syria and R2P; Persky on Drones; Other Drone Materials
Reading: pp. 1083-1094, 1104-1116, 1140-1154 Doc. Supp.: Rome Statute, pp. 966-998 Courseware: Kampala Resolutions; United States v. Dire, 680 F.3d 446 (4th Cir. 2012)
Reading: none Doc. Supp.: none Exam: May 1 Tuesday 9 a.m. Objectives This course is intended to introduc you to the study of the nature, sources, and operation of contemporary public international law. The overall goal is to give you a better understanding of the nature and function of law in the global society, and of the U.S. legal system (and its methods), as well as to complement the rest of your studies by helping you learn to “think like an international lawyer.” It also serves as a general precursor to other international law courses in the Georgetown Law curriculum, including International Law II (which covers international business and economic law), comparative law studies, and more specialized offerings. Through our readings and discussion you should:
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