CL6319: Public International Law [30]

School Cardiff Law School
Department Code LAWPL
Module Code CL6319
External Subject Code 100681
Number of Credits 30
Level L6
Language of Delivery English
Module Leader Professor Urfan Khaliq
Semester Double Semester
Academic Year 2018/9

Outline Description of Module

Public International Law is the law governing relations between States and the activities of international institutions such as the United Nations. It is concerned with questions such as the settlement of disputes by peaceful means; legal restraints on the use of force in international relations; title to territory; and diplomatic relations. Public international law is likely to appeal to students with an interest in current affairs and the wider world, and how law regulates global society.

On completion of the module a student should be able to

At the conclusion of this module students will be expected to be able to:

  • demonstrate a reasonable degree of knowledge of the nature of international society, including the nature of Statehood and the basic institutional structure of international society;
  • explain how international law is made, and show an awareness of the political, social, economic and other factors that affect international law-making processes;
  • appreciate the relationship between international law and municipal law;
  • outline what procedures are available for seeking to ensure that States comply with international law;
  • when presented with a question about an area of substantive international law which has been studied, give an account of the main rules of international law in question, subject such rules to critical examination, and say whether such rules derive from treaties and/or customary international law. In the case of treaties students should be able to give some idea of their status and the number of their parties. In the case of customary rules, students should be able to cite evidence of their existence;
  • if called upon to do so, explain how the rules of international law in question would apply to a particular factual situation, and what the outcome in such a situation would be;
  • demonstrate, when discussing and writing about international law, an awareness of the peculiar characteristics of international law, particularly those that distinguish it from a municipal legal system;
  • use the special terminology of international law.

How the module will be delivered

A mixture of lectures and tutorials 

Skills that will be practised and developed

Intellectual Skills:

When presented with a proposition or set of facts raising international legal issues, a student will be expected to be able to:

  • identify and prioritise the significance of the legal issues raised;
  • conduct effective research on the primary and secondary issues of law raised;
  • identify, on the basis of that research, the principal arguments for and against the given proposition or relevant to the given set of facts;
  • assess the strengths and weaknesses of those arguments;
  • on the basis of those arguments, reach a considered conclusion to the issues raised.

Discipline Specific (including practical) Skills:

At the conclusion of this module, students will be expected to be able to:

  • present, accurately and succinctly, in written or in oral form, propositions of law and principle concerning the         curriculum areas identified in the knowledge outcomes;
  • make effective use of various legal resources to conduct research on international law.

Transferable Skills:

  • Undertake independent research in the preparation of formative assessments and tutorial work;
  • Present accurately and succinctly and persuasively in both oral and written form, propositions of law and principle, and arguments related to them;
  • Identify pertinent questions, of both a legal and political nature, arising from the material under consideration;
  • Reflect on own learning, identifying areas of confusion and identifying and deploying appropriate strategies to fill any gaps;
  • Take responsibility for structuring, managing and reporting a small research project;
  • Use IT in research and writing;
  • Place the taught material in a wider socio-economic context.

How the module will be assessed

The module is summatively assessed by a three-hour examination (100%).

Assessments require students to demonstrate an ability to prioritise issues, to rank arguments in terms of their persuasiveness, and to reach a considered view of their application to the issues raised.

Key skills

Students are expected to write clearly, comprehensibly, and with due regard for the rules of English grammar and syntax.

 

Assessment Breakdown

Type % Title Duration(hrs)
Exam - Spring Semester 100 Public International Law [30] - Exam 3

Syllabus content

  • The nature of international law and international society.
  • Sources of international law (treaties, custom, general principles)
  • The relationship between International Law and Municipal Law (with particular reference to the UK)
  • Settlement of disputes (diplomatic and related means; arbitration; the International Court of Justice).
  • International personality (states, state succession, international organisation, others).
  • Acquisition of territory (modes of acquisition; the position in relation to some special areas - Antarctica and outer space).
  • The jurisdiction of states and exceptions thereto (diplomatic and state immunity).
  • Use of force (the general prohibition on the use of force; exceptions - self defence, use of force by the UN).
  • International Humanitarian Law
  • Law of the Sea

Essential Reading and Resource List

D.J. Harris, Cases and Materials on International Law (Sweet & Maxwell, 7th edition, 2010)

M. Dixon,  R. McCorquodale and S. Williams, Cases and Materials on International Law (Oxford University Press, 6th edition, 2016). 

M.N. Shaw, International Law (Cambridge University Press, 7th edition, 2014,). 

M.D. Evans (ed), International Law (Oxford University Press, 4th edition, 2014). 

A. Cassese, International Law (Oxford University Press, 2nd edition, 2005). 

I. Brownlie, Principles of Public International Law (Oxford University Press, 8th edition, 2012)

V. Lowe, International Law, (Oxford University Press, 2007). 

R. Higgins, Problems and Process: International Law and How We Use It, (Oxford University Press, 1995). 

A. Clapham, Brierly’s Law of Nations (Oxford University Press 7th edition, 2013)

J. Klabbers, International Law, (Cambridge University Press, 2013)

M.D. Evans (ed), Blackstone’s International Law Documents (Oxford University - any edition).

J. Klabbers, International Law Documents, (Cambridge University Press, 2016)

Background Reading and Resource List

See above


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