The course will begin with an analysis of the basic structure of international society and how it has developed in the last century. The major social, economic and political factors that have had a bearing on the formation of international law and society will also be discussed. Then the course will go on to explain and familiarise those taking it with the sources of international law. International society does not have a universal legislator, so the sources of international law are considerable different to those in domestic society. The generally accepted sources of international law, treaties, custom, general principles of law judicial decisions and the writings of publicists will be evaluated, along with other candidates for the status of sources, such as General Assembly resolutions and the decisions of international organisations. Non-binding codes of conduct (¿soft law¿) will be discussed, along with the advantages and disadvantages of this form of regulation. The relationship between international law and domestic law in a number of States will be discussed. To move on, we will investigate the participants in international society and the ways that international law governs the creation, recognition and activities of those international persons. This will include sections on the creation and recognition of States, the position of the individual in international law and the nature, structure and powers of selected international organisations, such as the UN. At all appropriate times reference will be made to the effect that the nature and sources of international law and the participants in international society have on the structure of international society and how they affect the interests of international actors. Turning to the rights and duties of States, the first area we will discuss is the right to exercise jurisdiction over those persons (natural and legal) which international law allows. This is not usually problematic where territorial jurisdiction is concerned, but broader jurisdictional claims, over persons and property abroad, are very often controversial. We will look at some of those claims, and the responses to them, in the context of international crimes and economic regulation. We will then look at a right of States which is the counterpoint to their jurisdictional rights. This is the right to claim immunity from the jurisdiction of other States for acts performed in their sovereign capacity. In recent times, the distinction between those acts performed by States commercially and those performed solely in a sovereign capacity has become more difficult to draw. We will look at examples in which the distinction has been applied by the courts. We will also deal with the immunities of diplomatic and consular personnel, who are essential for the representation of States abroad. To finish the course, we will cover two important aspects of the obligations of States relating to violations of international law. The first of these is State Responsibility. When States breach their international obligations, responsibility arises. The ways this may occur, and the consequences of such responsibility are dealt with in a number of rules of international law, many of which are now reflected in the International Law Commission¿s Articles on State Responsibility. Whenever States are in dispute about their rights and obligations under international law, the UN Charter makes it clear that they must settle their disputes peacefully. To bring the course to a close, we will investigate the political and judicial means by which this may be done, and the positive and negative aspects of each of the various types of settlement.
Learning Outcomes
By the end of the module students should be able to:
Understand and explain the nature of international society and the ideas relating to its fundamental structure
Discuss the political, social, economic and cultural factors that have shaped and continue to affect international law and society
Relate their knowledge of the above to current matters of international concern
Understand the sources of international law and the relationship between them
Explain and apply rules relating to the hierarchy of international rules
Locate the primary materials relevant to international law
Subject those primary materials to critical analysis and use them to create an argument based on international law
Read, understand, interpret and critique treaties and the rules relating to their operation
Identify international legal issues in factual scenarios and to construct international legal responses to those issues
Understand the relationship between international law and domestic law
Comprehend and explain the rules relating to Statehood and recognition of Statehood
Critically evaluate the position and role of non-State actors in international law
Identify, evaluate and critique the rules relating to the acquisition or loss of territory
Understand and explain the law relating to jurisdiction and immunity, and comment on them
Comprehend and critique the international law relating to State Responsibility
Evaluate and discuss the major methods of dispute settlement in the international legal system
