Instructor:  Zviad Skhvitaridze                     

ECTS: 6.

Course Objective:

“International Law” is designed to introduce students to the basic subjects and sources of international law, the current state of the international legal order, and the ever present tension between theory and practice that arises in the application of international law to real-world situations. It is designed not only for the student seeking to acquire the basic building blocks of knowledge necessary to pursue a career in international law, but also for students who recognize that they will need some understanding of the basic tenets of the international legal order in practicing Georgian law. The course will cover the traditional major topics in this field such as the sources and subjects of international law, the jurisdiction of states, international law and the use of force, and the relationship between international law and the internal law of states. It will also address newer themes in international law such as the international law of human rights and international criminal law. The course will review and discuss a number of international law cases decided by national and international tribunals, as well as certain treaties, resolutions and other international legal instruments of importance.

The primary focus of this course is upon public international law, which is traditionally considered to encompass the binding normative rules and principles dealing with the conduct of states and of international organizations and with their relations inter se. An important secondary theme will be the effect of public international law upon private activity.

Required Text:

L. Aleksidze “Contemporary International Law”, 2001. Brownlie “Principles of International Law”, Show “Public international law”, Lukashuk “International Law”.

Other Materials: Handouts, Cases

Grading:  Class Participation (10%)

                 Homework (10%)        

                 Group Project (10%)

                 Quiz 1 (20%)

                 Quiz II (20%)

                 Final Exam (30% - Cumulative)   

Course Schedule

CLASS ONE

I.   INTRODUCTION: THE SCOPE OF INTERNATIONAL LAW – NATURE, SUBJECTS AND SOURCES

A.  THE NATURE OF INTERNATIONAL LAW

B.  SUBJECTS OF INTERNATIONAL LAW

1.   States and Governments, Embassies and Consulates

2.   International Organizations

3.   Individuals

C.   SOURCES OF INTERNATIONAL LAW

1.   Treaties and Other International Agreements

2.   Customary International Law

3.   General Principles of Law Recognized by Civilized Nations

4.   Judicial Decisions and the All-Mighty Academics

CLASS TWO

II.  THE NATION STATE AS A SUBJECT OF INTERNATIONAL LAW

A.  INTERNATIONAL LAW THROUGH THE WINDOW OF STATE SOVEREIGNTY – LOOKING IN AND LOOKING OUT

1.   THE PEACE OF WESTPHALIA AND THE EVOLUTION OF INTERNATIONAL LAW AS THE LAW BETWEEN STATES

a)   The Concept of Sovereignty (Pragmatism)

b)   Looking Upwards for the Law (Naturalism)

c)   Making the Law Up As We Go Along (Positivism)

2.   LOOKING OUT – APPLICATIONS OF INTERNATIONAL LAW WITHIN NATIONAL LEGAL SYSTEMS

a)   Domestic Law and International Law in Harmony

b)   Domestic Law and International Law in Conflict

c)   Conforming the Two Systems

3.   LOOKING IN – RECOGNITION OF STATES

a)   Definition of a State

b)   Recognition of States

c)   Recognition of Governments

CLASS THREE

B.  THE REACH OF STATE SOVEREIGNTY: BASES OF JURISDICTION

1.   Jurisdiction to Prescribe

a)   Territorial Jurisdiction

b)   Effects Doctrine

c)   Nationality

d)   Protective Principle

e)   Universal Jurisdiction

2.   Jurisdiction to Enforce

3.   Extraterritoriality: Judicial Conflicts and Cooperation

a)   Comity

b)   Blocking Statutes

c)   Forum Non Conviens

CLASS FOUR

C.  BEYOND THE SOVEREIGN’S REACH: SOVEREIGN IMMUNITY

1.   The Immunity of States – Absolute and Restrictive Theories

2.   The Act of State Doctrine

3.   Foreign Sovereign Immunities Act

4.   Head of State Immunity

CLASS FIVE

D.  WHEN SOVEREIGNS INTERACT – DIPLOMATIC AND CONSULAR REPRESENTATION

1.   Diplomatic Practice at Home and Abroad

2.   Inviolability

3.   Immunity of Diplomatic and Consular Agents

CLASS SIX

III. INTERNATIONAL ORGANIZATIONS AS SUBJECTS OF INTERNATIONAL LAW

A.   Distinguishing International Organizations from States

B.    Privileges and Immunities of International Organizations

C.    International Organizations as Actors in the International Legal System

1.    Making the Rules –

a)    The Security Council vs. the General Assembly

b)    ICAO, ILO and other Rule-Making Bodies

CLASS SEVEN

2.    Enforcing the Rules

a)    The League of Nations & The United Nations

b)    Regional International Organizations

c)    NATO

3.    The International Court of Justice

4.    EU, EC

5.    OSCE, CIS, etc

CLASS EIGHT

IV. SOURCES OF INTERNATIONAL LAW:

A.  TREATIES AND OTHER INTERNATIONAL AGREEMENTS IN INTERNATIONAL LAW

1.   Legal Rights and Duties Under an International Agreement

a)   Pacta Sunt Servanda

b)   Third party Rights

c)   Jus Cogens

2.  Reservations to International Agreements

CLASS NINE

3.  Interpretation of International Agreements

4.  Performance of International Agreements

B.  TREATIES AND OTHER INTERNATIONAL AGREEMENTS IN GEORGIAN LAW AND PRACTICE

1.  Federalism and the Treaty Power

2.  Executive Agreements and the Constitution

3.  Self-Executing vs. Non-Self-Executing Agreements

CLASS TEN

C.  CUSTOMARY INTERNATIONAL LAW, THE LAW OF “CIVILIZED” NATIONS AND THE COMMENTATORS (E.G., LAW OF THE SEA)

CLASS  ELEVEN

V.  THE INDIVIDUAL IN THE INTERNATIONAL LEGAL SYSTEM

A.  UNDER THE WINGS OF STATE: STATE PROTECTION

1.   Nationality

2.   Statelessness

3.   Responsibilities of States for Injuries to Aliens

B.  OUT ON HER OWN: AN INDIVIDUAL’S HUMAN RIGHTS

1.   The Original Standard – Property as a Human Right?

CLASS TWEVLVE

2.   The Current Standards

a)   The Charter of the United Nations

b)   The Genocide Convention

c)   Universal Declaration of Human Rights

d)   The Human Rights Conventions

C.  THE CONTINUING TENSION – IMPLEMENTATION OF HUMAN RIGHTS IN A SOVEREIGNTY-BASED SYSTEM

D.  BASIC HUMAN RIGHTS PROTECTION MACHANISMS

CLASS THIRTEEN

VI. CLAIMS AND CONFLICT IN INTERNATIONAL LAW

A.   PEACEFUL SETTLEMENT OF DISPUTES –

1.    The ICJ and its Political Limits

2.    International Arbitration

3.    Conciliatian Commissions

B.    EXPROPRIATION: INTERNATIONAL ADJUDICATION IN PRACTICE

1.    Chorzow Factory

2.    Nationalization

3.    UNCC

CLASS FOURTEEN

C.   PERMISSIBLE RECOURSE TO THE USE OF FORCE

1.   The Jus ad Bellum

2.   Intervention in Intrastate Conflicts Today?

D.  THE JUS IN BELLO

1.   The Lieber Code

2.   The Hague Conventions

3.   The Geneva Conventions

E.   THE GROWING LAW OF INDIVIDUAL RESPONSIBILITY

1.   The Nuremburg Principles

2.   The Next Fifty Years

3.   The ICTFRY and the ICTR

4.   The Formation of an ICC

CLASS FIFTEEN

VII.  PUTTING IT ALL TOGETHER – AN INITIAL SYNTHESIS (STUDENT PRESENTATIONS): Examining the Tension between Theory and Practice in the Application of International Law

Class Schedule

10:00 – 10:45                       Revision of previous session subject

10:45 – 11:00                       Break

11:00 – 11:45                       New Material

11:45 – 12:00                       Break

12:00 – 12:45                       Class Discussion/Presentation

Credit Calculation:

Total Work Hours -  210 hours (7×30)

Class Hours – (45hours)

Preparation for Seminar (40 hours)

Presentation (30 hours)

Quizzes (40 hours)

Final Exam (55 hours)