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    Law 435 Course Outline Public International Law 2

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    tlotlo mmualefe
    This document outlines the course content and schedule for a Public International Law course. It covers topics such as state responsibility, law of treaties, use of force by states, international humanitarian law, refugee law, and settlement of international disputes. It provides learning objectives, assessment guidelines, recommended texts, and a weekly schedule detailing what content and readings will be covered each week of the semester.

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    Law 435 Course Outline Public International Law 2

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    tlotlo mmualefe
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    This document outlines the course content and schedule for a Public International Law course. It covers topics such as state responsibility, law of treaties, use of force by states, international humanitarian law, refugee law, and settlement of international disputes. It provides learning objectives, assessment guidelines, recommended texts, and a weekly schedule detailing what content and readings will be covered each week of the semester.

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    This document outlines the course content and schedule for a Public International Law course. It covers topics such as state responsibility, law of treaties, use of force by states, international humanitarian law, refugee law, and settlement of international disputes. It provides learning objectives, assessment guidelines, recommended texts, and a weekly schedule detailing what content and readings will be covered each week of the semester.

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    Download as pdf or txt
    14 views6 pages

    Law 435 Course Outline Public International Law 2

    Uploaded by

    tlotlo mmualefe
    This document outlines the course content and schedule for a Public International Law course. It covers topics such as state responsibility, law of treaties, use of force by states, international humanitarian law, refugee law, and settlement of international disputes. It provides learning objectives, assessment guidelines, recommended texts, and a weekly schedule detailing what content and readings will be covered each week of the semester.

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    lOMoARcPSD|32726779

    LAW 435 Course Outline PUBLIC INTERNATIONAL LAW 2

    Public International Law (University of Botswana)

    Studocu is not sponsored or endorsed by any college or university


    Downloaded by tlotlo mmualefe (mmualefetlotlo4@gmail.com)
    lOMoARcPSD|32726779

    1
    UNIVERSITY OF BOTSWANA
    DEPARTMENT OF LAW
    LAW 435 – PUBLIC INTERNATIONAL LAW II
    COURSE OUTLINE 2016/2017
    SEMESTER TWO
    INSTRUCTOR: XX

    OBJECTIVES OF THE COURSE

    The course aims at developing the student’s appreciation of the importance of the
    topics covered by the course in contemporary international law. It will cover such
    topics as the state responsibility, law of treaties, use of force by states, international
    humanitarian Law, an introduction to Refugee Law and the settlement of
    international disputes.

    Students may consult will the lecturer by appointment made through email at
    Obonye.jonas @mopipi.ub.bw. I am available for walk in consultations at office no
    230 / 208.

    ASSESSMENT

    The course will be assessed by at two pieces of course work and an end of semester
    examination.

    RECOMMENDED TEXTS
    Harris, D.J., Cases and Materials On International Law
    Dugard, J., International Law a South African Perspective
    Brownlie, I., Principles of Public International Law
    Brownlie, I., Basic Documents in International Law

    WORK PLAN 2017

    WEEK DATE TOPIC


    1 23 JAN -
    2 30 JAN -
    3 6 FEB STATE RESPONSIBILITY
    4 13 FEB STATE RESPONSIBILITY
    5 20 FEB STATE RESPONSIBILITY
    6 27 FEB TREATIES
    7 6 MAR TREATIES
    8 13 MAR SHORT BREAK
    9 20 MAR USE OF FORCE
    10 27 MAR USE OF FORCE
    11 3 APRIL COLLECTIVE MEASURES
    12 10 APRIL IHL
    13 17 APRIL IHL IN BOTSWANA
    14 24 APRIL REFUGEE LAW
    15 1 APRIL SETTLEMENT OF INTERNATIONAL DISPUTES
    16 8 APRIL SETTLEMENT OF INTERNATIONAL DISPUTES

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    2
    1. STATE RESPONSIBILITY DIPLOMATIC PROTECTION AND THE TREATMENT OF
    ALIEN
    (Week 1 – 2) Harris Chapter 8
    Please bring soft or hard copy of the ILC DRAFT ARTICLES ON RESPONSIBILITY
    OF STATES FOR INTERNATIONALLY WRONGFUL ACTS to class for this chapter.
    1.1 INTRODUCTION
    1.2 OVERVIEW OF DRAFT ARTICLES
    1.2.1 Internationally wrongful acts of states
     General Principles
    Corfu Chanel case
    Diplomatic and consular staff case
     Attribution of conduct to a state
    Difference relating to immunity from legal process of a special
    rapporteur of the commission on human rights
    La Grand case
    Nicaragua case
     Breach of and International Obligation
     Responsibility of A state In connection with the acts of
    another state
     Circumstances that preclude wrongfulness
    Legality of the threat or use of nuclear weapons case
    Rainbow warrior case
    Gabcikovo Nagymaros case

    1.2.2 The Content of International Responsibility


     General Principles
    Rainbow warrior case
    Chorzow factory case
     Reparations for Injury
    Chorzow Factory Case
     Serious Breaches of Peremptory Norms of CIL
    Barcelona Traction Case

    1.2.3 Implementation of State Responsibility


     Invoking state responsibility
     Counter Measures
    Gabcikovo-Nagymaros
    Air Services Arbitration

    1.3 TREATMENT OF ALIENS


    1.3.1 Introduction

    1.3.2 Injury to a state


    Mavromatis Palestinian concessions case (jurisdiction)
    Administrative decision No V
    R (Abassi) v Secretary of State for Foreign and Commonwealth Affairs
    Kaunda v President of the Republic of South Africa
    Rustomjee v The Queen

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    3
    1.3.3 Is there an international minimum standard
    Neer Claim

    1.3.4 Admission and Expulsion


    AG for Canada v Spain
    Rankin v Iran
    De Bregers Case

    1.3.5 Expropriation
    Resolution on Permanent Sovereignty over natural resources 1962
    Charter of Economic Rights and Duties of states 1974
    Starrett Housing Corp v Iran
    Amoco International Finance Corp v Iran
    Texaco v Libya
    Aminoil Case

    1.3.6 Diplomatic Protection


     Introduction
     Nationality of claims
    Panevezys Saldutiskis
    ILC DRAFT articles on diplomatic Protection
    Barcelona Traction
    Diallo Case
     Exhaustion of local remedies
    ILC DRAFT articles on diplomatic Protection

    2. THE LAW OF TREATIES


    (Week 3 – 4) Dugard /Harris
    PLEASE BRING SOFT OR HARD COPY OF VIENNA CONVENTION ON
    THE LAW OF TREATIES 1969 TO CLASS
    2.1 INTRODUCTION
    2.2 GENERAL PRINCIPLES AND TERMINOLOGY
    Legal Status of Eastern Greenland
    Nuclear Test Cases
    2.3 MAKING TRREATIES
    2.3.1 Botswana
    2.3.2 at international law
    2.3.3 Reservations
    Belilos v Switzerland
    2.3.4 Entry into force
    2.4 OBSERVANCE AND APPLICATION OF TREATIES
    2.5 TREATY INTERPRETATION
    Interpretation of Peace treaties Case
    2.6 THIRD STATES
    2.7 VALIDITY OF TREATIES
    2.8 TERMINATION SUSPENSION AND WITHDRAWAL FROM TREATIES
    Legal consequences case
    Fisheries Jurisdiction Case

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    4
    Gabcikovo Nagymaros Case
    2.9 General Provisions on Invalidity, termination and suspension
    2.10 Registration of treaties

    3. THE USE OF FORCE


    Harris Chapter 11 / Dugard Chapter 22
    3.1 Introduction
    3.2 PROHIBITION OF THE USE OF FORCE BY STATES
    General Treaty for the Renunciation of War 1928
    Article 2(4) UN Charter
    Nicaragua (Merits) Case
    3.2.1 Use of force
    3.2.2 Indirect use of force (assistance to rebels)
    3.2.3 Assistance to governments
    3.3 PRINCIPLE OF NON INTERVENTION
    General assembly declaration on the inadmissibility of intervention in the
    domestic affairs of states
    Article 2(7) UN Charter
    3.4 THE RIGHT TO SELF DEFENCE
    3.4.1 Before the UN Charter
    The Caroline case
    3.4.2 Under the UN Charter
    Article 51 UN Charter
    Nicaragua (Merits) Case
    Oil Platforms Case (merits)
    The armed Activities Case
    Ethiopia Claims 1 – 8
    The Entebbe Incident
    3.4.3 Anticipatory self-defence?
    3.4.4 Self defence against terrorism
    3.5 HUMANITARIAN INTERVENTION
    3.5 RESPONSIBILITY TO PROTECT
    3.6 LEGALITY OF NUCLEAR WEAPONS
    Nuclear Weapons Case

    4. COLLECTIVE MEASURES UNDER THE UNITED NATIONS FOR THE


    MAINTENANCE OF INTERNATIONAL PEACE
    Harris Chapter 11/ Dugard Chapter 22
    4.1 INTRODUCTION
    4.2 ACTION UNDER CHAPTER VII
    4.2.1 The Security Council
    4.2.2 The General Assembly
    4.2.3 Peace keeping
    4.3 REGIONAL ARRANGEMENTS
    South Africa/Botswana in Lesotho
    Ecowas Action in Gambia

    4. AN INTRODUCTION TO INTERNATIONAL HUMANITARIAN LAW: THE LAWS


    OF WAR week 7 (chapter 25 Dugard)

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    5
    See: The Geneva Conventions 1949 and Additional Protocols 1997 and 2005;
    ICRC website
    4.1 Sources and scope of IHL
    4.2 Hague Law
    4.3 prohibited weapons
    4.4 Geneva law
    4.5 Principles of Humanitarian Law.
    4.6 International Crimes and the ICC

    5. HUMANITARIAN LAW AND BOTSWANA’S MUNICIPAL LAW


    See: Dinokopila BR ‘The prosecution and Punishment of international crimes in
    Botswana’ (2009) 7 Journal of International Criminal Justice 1077
    See: Macharia-Mokobi E, Towards Complementarity in Botswana (2011) Africa
    Yearbook on International Humanitarian Law 151
    5.1 The Status of IHL Treaties in Botswana
    5.2 Geneva Conventions Act
    5.3 Rome Statute Bill

    6. AN INTRODUCTION TO REFUGEE LAW


    See: Macharia-Mokobi E and Pfumorodze J ‘Advancing Refugee Protection in
    Botswana through improved Refugee Status Determination’ (2013) volume
    13 (1) African Human Rights Law Journal
    6.1 Who is a refugee and rights of Refugees under the Refugee Convention?
    6.2 Who is a refugee and rights of refugees under the Refugee Control Act
    6.3 Status determination under Botswana’s Refugee Control Act

    7. INTERNATIONAL ADJUDICATION (week 10)


    7.1 INTRODUCTION
    7.2 MODES OF INTERNATIONAL DISPUTE SETTLEMENT
    7.3 THE INTERNATIONAL COURT OF JUSTICE
    7.2.1 Organisation
    7.2.2 Access
    7.2.3 Jurisdiction under article 36(1) (Contentious)
    Mutual Assistance Case
    7.2.3 Jurisdiction under article 3(2) – Optional Clause Jurisdiction in
    contentious cases
    Interhandel Case
    Norwegian Loans Case
    Nicaragua Case (Jurisdiction and admissibility)
    7.2.4 Third states in Contentious Litigation
    East Timor Case
    7.2.5 Provisional Measures in Contentions Litigation
    La Grand Case
    7.2.6 Advisory Jurisdiction
    Nuclear Weapons Case
    7.2.7 Can the World Court Review Security Council Resolutions?

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