COURSES
Advanced International Law (LAW-LW.11860.001)
Partly updated January 2012 (from version of April 2009)
© Benedict Kingsbury/IILJ, a Creative Commons license for use is granted as detailed here.
***Students taking Advanced International Law in Spring 2012: Please note that these materials are being progressively updated and tailored for class sessions. You will receive emails with more specific directions about reading as the course commences.***
Unit 2: International Courts and Tribunals
Overview
Benedict Kingsbury, International Courts: Uneven Judicialization in Global Order (2011)
I. The International Court of Justice
A. The Court and Its Jurisdiction: Overview
1. UN Charter, Arts. 92-96
2. Statute of the ICJ, Arts. 36 & 65
3. Hugh Thirlway, "The International Court of Justice" in Evans (ed.), International Law (2nd ed., 2006), pp 559-65B. Problems of Jurisdiction and Admissibility in Contentious Cases
1. Hugh Thirlway, "The International Court of Justice" in Evans (ed.), International Law (2nd ed., 2006), pp 566-73
2. The Interhandel Case (Switzerland v. USA) (1959)
3. Case Concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. USA)
a. Extracts from judgment on jurisdiction and admissibility (1984)
b. Statements of the U.S.4. Case Concerning Legality of Use of Force (Serbia and Montenegro v. France), including joint declaration and separate opinion.
5. *** Additional Materials ***
a. Example of Special Agreement Referring Jurisdiction:
i. US-Canada Agreement (Gulf of Maine case)
ii. Belize-Guatemala Special Agreement Including Provisions on Referendaa) Note on Belize-Guatemala Dispute
b) Belize-Guatemala Agreement (referenda now projected to occur before end 2013)b. Examples of Compromissory Clauses in Treaties:
i. Vienna Convention on Consular Relations Optional Protocol Article I
ii. Convention for the Suppression of Unlawful Seizure of Aircraft Article 12
iii. Example of dispute arising under a compromissory clause: Macedonia v. Greece (note press release re Dec. 2011 judgment)c. Examples of Declarations Under Optional Clause:
d. Example of forum prorogatum:
i. France Consent to Jurisdiction in Application by Djibouti
C. Provisional Measures
1. Hugh Thirlway, "The International Court of Justice" in Evans (ed.), International Law (2nd ed., 2006), pp 574-6
2. LaGrand Case (Germany v. U.S.A. )
3. Georgia v. Russia (note press release re Apr. 2011 judgment holding no jurisdiction)D. Necessary Parties to Contentious Cases
1. The East Timor Case
a. The East Timor Case (Portugal v. Australia)
b. Map related to East Timor caseE. The Court’s Advisory Jurisdiction
1. Hugh Thirlway, "The International Court of Justice" in Evans (ed.), International Law (2nd ed., 2006), pp 582-4
2. Legality of the Threat or Use of Nuclear Weapons (1996) (note Resolution of the World Health Organization to seek Advisory Opinion)
3. Legal Consequences of the Wall in Palestinian Territories (2004) (note release of Israeli Supreme Court decision 1 week prior to ICJ rendering judgment)
4. *** Additional Material *** Reparation for Injuries Suffered in the Service of the United Nations (1948)F. Impact of International Court of Justice Decisions
1. Nigeria transfers Bakassi Peninsula to Cameroon, BBC News, August 2008
2. Ongoing hostilities regarding Temple of Preah Vihear: press releases re Cambodia's request for interpretation of 1962 judgment, and for provisional measures; and ICJ's indication of provisional measures in Jul. 2011.
II. International Criminal Tribunals
A. The International Criminal Tribunal for the Former Yugoslavia
2. *** Additional Materials ***
a. Security Council Resolution 808 (establishing ICTY)
b. ICTY Updated Statute (September 2009)
c. ICTY Annual Report to General Assembly (2011)B. The International Criminal Tribunal for Rwanda
1. Security Council Resolution 955 (establishing ICTR)
2. *** Additional Materials ***a. UNAMIR Background
b. Romeo Dallaire fax
c. State Department Legal Memo on Genocide in Rwanda
d. 2011 International Justice Tribune Commentary on Last Major ICTR JudgmentsC. The International Criminal Court
1. The ICC Statute: Summary of Key Provisions
2. Statute of the International Criminal Court (1998)[Concentrate on: Articles 11-19 (jurisdiction & admissibility; summary role of the prosecutor), Article 21 (applicable law), Articles 34-36 (responsibilities, qualifications, election of judges), Article 42, 54 (responsibilities of the Office of the Prosecutor), Articles 86-90 (obligation to cooperate with ICC, surrender of persons to ICC), Article 120 (no reservations to Statute of the ICC), Article 123 (amendments to and review of statute every 7 years), Article 124 (7 year transitional period for new parties to Statute)]
3. Theodor Meron, The Court We Want (Oct. 13, 1998)
4. US-Uzbekistan Article 98 Agreement (one of over a hundred such agreements signed by the US)
5. ICC Annual Report to General Assembly 2010-2011
6. ICC Office of the Prosecutor, Prosecutorial Strategy 2009-2012D. Hybrid Courts
1. Background: "Hybrid International Criminal Tribunals" in Mackenzie, Romano & Shany (eds), The Manual on International Courts and Tribunals (2nd ed., 2010) (available on Blackboard).
*** Additional Materials ***
2. Special Court for Sierra Leone
a. SC Resolution 1315 (2000) and Agreement between UN and Sierra Leone establishing Court
b. Statute of the Special Court for Sierra Leone
c. Press release on SC Resolution 1688 (2006), providing for trial of Charles Taylor in the Hague
d. Annual Report 2010-2011
3. Extraordinary Chambers in the Courts of Cambodiaa. Agreement between UN and Royal Government of Cambodia concerning establishment of Extraordinary Chambers
b. Law on the Establishment of Extraordinary Chambers (as amended 2004)
c. "The Court Report", Dec. 2011 ed.
d. Douglas Gillison, Genocide Judges Duel It Out in Phnom Penh (Dec. 6, 2011)4. Special Tribunal for Lebanon
a. SC Resolution 1757 and Annexes (Agreement between UN and the Lebanese Republic and Statute of the STL)
b. Annual Report 2010-2011E. Truth Commissions
1. John Dugard, Dealing with Crimes of a Past Regime: Is Amnesty Still an Option?
2. *** Additional Materials ***a. Darryl Robinson, Serving the Interests of Justice: Amnesties, Truth Commissions and the International Criminal Court
b. Juan Mendez, National Reconciliation, Transitional Justice and the International Criminal CourtF. NGO Participation in International Criminal Tribunals
1. Human Rights Watch Report: How NGOs Can Contribute to the Prosecution of War Criminals (p. 14-18)
III. International Economic Tribunals
A. NAFTA
1. Loewen Arbitral Award: Loewen Group & Raymond Loewen v. USA (refer to relevant articles of NAFTA)
2. *** Additional Materials ***a. Matthew Simpson, Chopping Away at Chapter 11: The Softwood Lumber Agreement's Effect on the NAFTA Investor-State Dispute Resolution Mechanism, 22 Am. U. Int’l L. Rev 479 (2007) [Parts 1-2]
B. The WTO
1. Shrimp/Turtle Case (refer to GATT 1947/1994 Arts. XI, XX)
IV. Recordings of Classes
A. Wednesday, February 1, 2012
B. Tuesday, February 7, 2012 (edited: Part 1, Part 2, Part 3, Part 4).
C. Wednesday, February 8, 2012
E. Wednesday, February 29, 2012 (Unit 2 to about oo:59; thereafter Unit 3 begins)
If you are having difficulty playing these recordings, try using VLC media player (free, open source). If you have any problems viewing the recordings in VLC, check in the Video menu that Aspect Ratio is at 16:9.
