09/29/21 LAWU9IL: International Law | University of Stirling
LAWU9IL: International Law View Online
Dr Ioana Cismas
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To assist you with your reading and research for this module (1 items)
To assist you with your reading and research for this module, you will find in Succeed the Reading List LAWU9IL which offers:
(I) Guidance on general reading and research including direction to important primary sources.
(II) Reading for the individual seminars
The Electronic Resource List below reproduces only the reading for the individual seminars and does not provide links to primary sources. Locating primary sources is a learning outcome of this module – you are expected to research and find these yourself while relying on guidance provided in part I of the Reading List LAWU9IL.
Below you will see that reading is divided in primary sources, essential reading and further reading. Needless to say that I would be delighted if you were to do all reading for each class. Should you not find the time to cover all reading, primary sources and essential reading remain, well yes, primary and essential, thus a must.
International Law is a highly dynamic field; to take into account developments as they may
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occur, other reading may be added to the list in the course of the semester.
Seminar 1: History and Theories of International Law (6 items)
Primary Sources (1 items)
I should like to ask you to undertake an exercise for this introductory class. As international lawyers, we very often identify the Peace of Westphalia of 1648 as the "starting point for the development of modern international law" (Leo Gross). I would like you to put your research skills to good use and locate the instrument/s (thus primary sources) agreed in 1648 and prepare to discuss them and provide historical context.
Esssential Reading (3 items)
International law - Jan Klabbers, 2013 Book | Essential | Read; Chapter 1
The Cambridge companion to international law - James Crawford, Martti Koskenniemi, 2012 Book | Essential | Read: Frédéric Mégret, ‘International Law as “Law”' pp. 64-92
Legal Positivism - Frauke Lachenmann, 2011 Chapter | Essential
Further Reading (2 items)
International law for international relations - Basak Cali, c2010 Book | Recommended | Read: - Anthony Anghie, ‘Basic Principles of International Law: A Historical Perspective’
The Cambridge companion to international law - James Crawford, Martti Koskenniemi, 2012 Book | Recommended | Read: Marti Koskeniemi, ‘International Law in the World of Ideas’ pp.47-63
Seminart 2: The Making of International Law (9 items)
Primary Sources (1 items)
Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America). Merits,Judgment,I.C.J. Reports 1986, p. 14, in particular from para. 183 onwards.
Essential Reading (2 items)
International law - Jan Klabbers, 2013
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Book | Essential | Read: Chapter 2
The Cambridge companion to international law - James Crawford, Martti Koskenniemi, 2012 Book | Essential | Read: Hillary Charlesworth, ‘Law-making and Sources’ pp. 187-202
Further Reading (6 items)
Determining customary international law: The ICJ's methodology between induction, deduction and assertion - Stefan Talmon, 2015 Article | Recommended
Hard vs. Soft Law: Alternatives, Complements, and Antagonists in International Governance - Shaffer, G.; Pollack, M., 2010 Article | Recommended
For a very interesting debate which also illustrates the continued importance of custom in certain areas of international law, read:
A US government response to the International Committee of the Red Cross study Customary International Humanitarian Law. - Bellinger III, John B.Haynes II, William J., 2007 Article | Recommended
Secret Life of International Law, The [article] - Bethlehem, Daniel, 2012 Article | Recommended
Customary International Humanitarian Law: a response to US comments - Jean-Marie Henckaerts, 2007-6 Article
Seminar 3 The Law of Treaties + The Relationship Between International and National Law: (9 items)
Primary sources: (2 items)
Vienna Convention on the Law of Treaties, 1969.
Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide,Advisory Opinion, ICJ Report 1951 (International Court of Justice).
Essential reading: (5 items)
International law - (2014.) Book | Essential | Read: Malgosia Fitzmaurice, ‘The Practical Working of the Law of Treaties’ in Malcolm D. Evans, pp. 166-194.
The withdrawal clause of the Lisbon Treaty in the light of EU citizenship: between disintegration and integration - C. Rieder, 2013
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Article | Essential
Brownlie's principles of public international law - James Crawford, 2012 Book | Essential | Chapter 3
Alternatively, or additionally, if you have time and inclination read
International law - (2014.) Book | Essential | Read: Eileen Denza, ‘The Relationship Between International and National Law’, pp. 412-442.
Further reading: (2 items)
EJIL: Talk! – Brexit and International Law - Jed Odermatt, 4 July 2016 Webpage | Recommended
'Article 50 TEU: Withdrawal of a Member State from the EU’, Briefing - February 2016 Document | Recommended
Seminar 4: Main theories on the Subjects and Actors of International Law. States. (7 items)
Primary sources: (2 items)
Montevideo Convention on the Rights and Duties of States, 1933.
Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo, Advisory Opinion, I.C.J. Reports 2010 (International Court of Justice).
Essential reading: (2 items)
Brownlie's principles of public international law - James Crawford, 2012 Book | Essential | Chapters 4, 5 and 6.
Religious actors and international law - Ioana Cismas, 2014 Book | Essential | pp. 69-82.
Further reading: (3 items)
The Cambridge companion to international law - James Crawford, Martti Koskenniemi, 2012 Book | Recommended | Read: James Crawford, ‘Sovereignty as a Legal Value’,
'Secession in Theory and Practice – The Case of Kosovo and Beyond’ - Ioana Cismas Article | Recommended
'Legal Implications of the UN General Assembly Vote to Accord Palestine the Status of
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Observer State' - John Cerone, 7 December 2012 Article | Recommended
Seminar 5: International Organizations. Other Actors (5 items)
Primary sources: (1 items)
Reparation for injuries suffered in the service of the United Nations, Advisory Opinion, ICJ Reports 1949 (International Court of Justice).
Essential reading: (3 items)
‘(I can’t get no) recognition: subjects doctrine and the emergence of non-state actors - Jan Klabbers Chapter | Recommended | Digitised under the CLA Digitisation Licence therefore only available to students on module LAWU9IL
International law - (2014.) Book | Essential | Read: Dapo Akande, ‘International Organizations’,pp. 248-267.
International Law Association, Committee on Non State Actors, Conference Report Washington 2014 - 2014 Webpage | Essential | Read: pp. 5-22.
Further reading: (1 items)
Human rights obligations of non-state actors - Andrew Clapham, 2006 Book | Recommended | Chapter 1
Seminar 6: Jurisdiction, Powers and Immunities (6 items)
Primary sources: (3 items)
United Nations Convention on Jurisdictional Immunities of States and Their Property (2005).
Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening), Judgment, ICJ. Reports 2012.
Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium), Judgment, ICJ Report 2002.
Essential reading: (2 items)
International law - Jan Klabbers, 2013
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Book | Essential | Chapter 6
The Cambridge companion to international law - James Crawford, Martti Koskenniemi, 2012 Book | Essential | Read: Bruno Simma and Andreas Th. Mueller, ‘Exercise and Limits of Jurisdiction’, pp. 134-157.
Further reading: (1 items)
Brownlie's principles of public international law - James Crawford, 2012 Book | Recommended | Chapters 17 and 21, 22.
Seminar 7: The Law of Responsibility (8 items)
Primary sources: (3 items)
International Law Commission, Articles on Responsibility of States for Internationally Wrongful Acts, with commentaries, 2001.
International Law Commission, Articles on Responsibility of International Organizations, with commentaries, 2011.
Handouts for class exercise will be posted on Succeed.
Essential reading: (4 items)
International law - Jan Klabbers, 2013 Book | Essential | Chapter 7.
Alternatively, or in addition if you have time and inclination, read
Brownlie's principles of public international law - James Crawford, 2012 Book | Essential | Read: Chapters 25 and 26.
International law - (2014.) Book | Essential | Read: Dapo Akande, ‘International Organizations’, pp. 265-267.
Further reading: (1 items)
Accountability of International Organisations: Final report - 2004 Document | Recommended
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Seminar 8: Peaceful Settlement of Disputes & Sanctions and Counter-measures (6 items)
Primary sources: (2 items)
UN Charter, 1945.
Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations (Friendly Relations Declaration) (GA res. 2625 (XXV)).
Essential reading: (2 items)
International law - Jan Klabbers, 2013 Book | Essential | Chapters 8 and 9
Brierly's law of nations: an introduction to the role of international law in international relations - J. L. Brierly, Andrew Clapham, 2012 Book | Essential | pp. 437-443.
Further reading: (2 items)
International law - (2014.) Book | Recommended | Read: John Merrils, ‘The Means of Dispute Settlement’ , pp. 564-571.
Sanctions, countermeasures, and the Iranian nuclear issue. - N. Jansen Calamita, 2009 Article | Recommended
Seminar 9: Use or Force (16 items)
Primary sources: (7 items)
UN Charter, 1945.
Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations (Friendly Relations Declaration) (GA res. 2625 (XXV)).
Case concerning armed activities on the territory of the Congo (DRC v Uganda), Judgment, ICJ Reports 2005.
United Nations Security Council Resolution 1973 (2011).
United Nations Security Council Resolution 1441 (2002).
United Nations Security Council Resolution 678 (1990).
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United Nations Security Council resolution 2249 (2015).
Essential reading: (5 items)
International law - Jan Klabbers, 2013 Book | Essential | Chapter 10
Alternatively, or additionally if you have time and inclination, read:
International law - (2014.) Book | Essential | Read: Christine Gray, ‘The Use of Force and the International Legal Order’, pp. 618-648.
Self-defense against an imminent or actual armed attack by nonstate actors’, - Daniel Bethlehem, 2012 Article | Recommended | See especially page 775 for the Principles
Self-defense against nonstate actors: reflections on the “Bethlehem Principles” - Elizabeth Wilmshurst, Wood Wood, 2013 Article | Essential
Further reading: (4 items)
Belgium’s Article 51 Letter to the Security Council [UPDATED] - Marko Milanovic, 17 July 2016 Document | Recommended
‘A grand and disastrous deceit.' The report of the Iraq Inquiry’ by John Chilcot - Philippe Sands, 2016 Webpage | Recommended
You can find the executive summary and full report at:
Iraq Inquiry - The Report [The Chilcot Report] Webpage
Seminar 10: The Individual in International Law (8 items)
Primary sources: (3 items)
International Covenant on Civil and Political Rights, 1966.
International Covenant on Economic, Social and Cultural Rights, 1966.
Rome Statute of the International Criminal Court, 1998.
Essential reading: (3 items)
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International law - Jan Klabbers, 2013 Book | Essential | Chapter 6
International human rights law - (2013.) Book | Essential | Read: Sandesh Sivakumaran, ‘International Humanitarian Law’, pp. 479-495.
International human rights law - (2013.) Book | Essential | Read: Robert Cryer, ‘International Criminal Law’, pp. 496-512.
Further reading: (2 items)
Immunity versus human rights: the Pinochet case - A Bianchi, 1999 Article | Recommended
Does President Al Bashir enjoy immunity from arrest? - Paola Gaeta, 2009 Article | Recommended
Seminar 11: The Law of the Sea & Refugee Law (5 items)
Primary sources: (1 items)
Convention (1951) and Protocol (1967) relating to the Status of Refugees.
Essential reading: (3 items)
International law - (2014.) Book | Essential | Read: ‘The Law of The Sea’, pp. 651-687.
International human rights law - (2013.) Book | Essential | Read: Alice Edwards, ‘International Refugee Law’, pp. 513-527.
'Refugees on the High Seas: International Refugee Law Solutions to a Law of the Sea Problem’ - Killian S. O'brien, 2011 Article | Essential
Further reading (1 items)
'Philippines v China: first thoughts on the award in the South China Seas Case - Douglas Guilfoyle, 12 July 2016 Webpage | Recommended
BEYOND the READING LIST (1 items) You are expected to read widely beyond this resource list. Make a start with your subject research guide
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Try the subject research guide for the most appropriate resources for your topic.
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