2017 SEOUL ACADEMY OF INTERNATIONAL LAW Center for International Law Korea National Diplomatic Academy Email: [email protected] Tel: +82-2-3497-7618 www.knda.go.kr/cil 2572 Nambusunwhan-ro, Seocho-gu, Seoul, Korea 2017 SEOUL ACADEMY OF INTERNATIONAL LAW Center for International Law Korea National Diplomatic Academy 2017 SEOUL ACADEMY OF INTERNATIONAL LAW GREETINGS I am very pleased to welcome all of you, from Korea and other Asia-Pacic countries, to the Seoul Academy of International Law. This is an international law program that the Center for International Law at KNDA offers this summer. The Center was established in November 2013 to contribute to Korean government’s foreign policymaking through its systematic research on international law, and to nurture experts in this eld. The launch of the Seoul Academy of International Law is part of the Center’s efforts to accomplish such missions by training and educating those working in the eld of international law with up-to-date theories and practices on current international legal issues such as peace and security, international investment law and the law of treaties as well as international law in East Asia. I hope that the participants in the Academy will enjoy courses provided by the world-renowned members of the faculty who will serve as both excellent teachers and mentors to the participants CONTENTS eager to immerse themselves in recent developments in international law for the next two weeks. 03 Greetings I also encourage all of you to take an opportunity to enjoy the stay in Seoul, the capital city of 04 Program Overview Korea for more than six hundred years. I am sure that Seoul will offer you abundant cultural 05 Courses experiences with a mixture of tradition and dynamism. Thank you. 06 Curriculum 11 Timetable Kak-Soo SHIN 12 Lecturers Director 18 Center For International Law Center for International Law, KNDA 03 2017 SEOUL ACADEMY OF 2017 SEOUL ACADEMY OF INTERNATIONAL LAW INTERNATIONAL LAW Center for International Law Center for International Law Korea National Diplomatic Academy Korea National Diplomatic Academy PROGRAM OVERVIEW COURSES Seoul Academy of International Law (SAIL) is a training program PROGRAM organized by the Center for International Law (CIL) of the Korea East Asia and International Law OBJECTIVES National Diplomatic Academy (KNDA) of the Ministry of Foreign Affairs of the Republic of Korea. It provides courses lectured by prominent scholars and practitioners in the eld of international Peaceful Settlement of Disputes and the Regulation of law to the participants from Asia and the Pacic region. The the Use of Force in International Law objective of the program is to promote greater understanding on the current trends in international law among those involved in international law practice. Through this, the SAIL aims to establish State Responsibility broader and more solid rule of law in the region. International Investment Law | Date | July 3 (Mon) - 14 (Fri), 2017 DATE & VENUE International Criminal Law | Venue | Korea National Diplomatic Academy Recent Developments in International Law There will be 47 participants from 24 countries in Asia and the PARTICIPANTS Pacic. The participants in the program will range widely from government ofcials, including diplomats and legal practitioners, Fundamentals of International Law to scholars, researchers as well as graduate students. Countries of the participants include: Law of Treaties Australia, Bangladesh, Brunei, Cambodia, China, Fiji, Indonesia, Japan, Kazakhstan, Laos, Malaysia, Mongolia, Myanmar, Nepal, New Zealand, Papua New Guinea, Philippines, Singapore, Sri Lanka, Thailand, Timor-Leste, Uzbekistan, Viet Nam; and Korea International Environmental Law 04 05 2017 SEOUL ACADEMY OF 2017 SEOUL ACADEMY OF INTERNATIONAL LAW INTERNATIONAL LAW Center for International Law Center for International Law Korea National Diplomatic Academy Korea National Diplomatic Academy CURRICULUM CURRICULUM International Environmental Law Peaceful Settlement of Disputes and the Regulation of the Use of Force in International Law Prof. Alan Boyle Prof. Lori F. Damrosch International Environmental Law is too large a subject to compress into four lectures, so the principal The course will survey developments from the 18th to the 21st centuries concerning the role for aim of this course is to give students an overview of some of the key issues. The rst lecture will cover international arbitration and adjudication in preventing and regulating the use of force. Milestones (a) the concept of sustainable development, its legal status, and endorsement in multilateral agreements, in the development of peaceful settlement to be covered in Unit1 include: the Jay Treaty and and (b) international law concerning transboundary environmental harm. Topics will include Alabama Claims arbitrations (U.S.-Great Britain); the peace movement promoting arbitration and environmental impact assessment (‘EIA’), regulation of transboundary risk, the precautionary adjudication in lieu of war; the 1899 and 1907 Hague Peace Conferences; the establishment of the approach, and liability for damage. The second lecture will look at global environmental problems, Permanent Court of International Justice and the International Court of Justice; and the specialized including depletion of the ozone layer, climate change, and protection of the marine environment. tribunals of the 1990s and 2000s. Unit 2 will turn to arbitral and judicial decisions in which international The 1982 UN Convention on the Law of the Sea, the 1985 Ozone Convention, the 1992 Climate tribunals have addressed the international law governing the use of force and self-defense under Change Convention, and the 2015 Paris Agreement will all be discussed. The lectures will refer to customary international law and international treaties, including the judgments of the International the relevant treaties, cases, and soft law instruments, including the 1992 Rio Declaration on Environment Court of Justice in the Nicaragua, Oil Platforms, and Armed Activities cases and its advisory opinions and Development and the work of the International Law Commission. on Nuclear Weapons and on the Wall in the Occupied Palestinian Territory, and the decisions of arbitral tribunals in proceedings between Guyana and Suriname over their maritime boundary and between Eritrea and Ethiopia arising out of armed conict between those states. Unit 3 will consider certain current problems arising at the interface between the institutional systems for legal dispute settlement and the international law of the use of force, in particular the requirement for consent to jurisdiction and the acknowledged practice of allowing states to exclude disputes involving military activities from the terms of their consent (for example, the permissible exclusion of such disputes from compulsory settlement under the U.N. Convention on the Law of the Sea). State Responsibility Dr. Emily Crawford This course will examine the law of State responsibility, and the related law on diplomatic protection and the protection of foreign nationals. This course will provide an understanding of the law of State responsibility and the liability of subjects of international law for internationally wrongful act and Fundamentals of International Law provide an understanding of the consequences of a breach of an international obligation. Prof. Harold Hongju Koh This course provides the basic fundamentals that law students and diplomats will need to understand international and transnational law. Topics covered include actors, legal sources, and processes of international relations including use of force, treatymaking, and dispute-resolution. 06 07 2017 SEOUL ACADEMY OF 2017 SEOUL ACADEMY OF INTERNATIONAL LAW INTERNATIONAL LAW Center for International Law Center for International Law Korea National Diplomatic Academy Korea National Diplomatic Academy CURRICULUM CURRICULUM International Criminal Law between public international law and international investment law. In particular, class discussions will address such issues as treaty interpretation, state responsibility, and relationship between international Mr. O-Gon Kwon law and domestic law in the specic context of international investment law and related disputes. In Unit 1, the course will rst deal with the origin and the idea of war crimes, noting the difference This course will be conducted through a two-way interaction between the instructor and students, between jus in bello and jus ad bellum. It will then deal with the development of international so active participation in the class discussion is expected. Comments, questions and observation humanitarian law in general, including the Geneva law and the Hague law. It will also deal with the from students during the lecture will be highly appreciated. history of various international criminal tribunals, starting from Nuremberg and Tokyo Tribunals to the recent International Criminal Court (ICC). In Unit 2, the course will further deal with some specic features of the ad hoc UN tribunals, i.e., the ICTY and the ICTR and the permanent court, i.e., the ICC in comparative perspective. It will then deal with various kinds of international crimes and their contours, as developed by the international criminal tribunals. It will nally deal with some specic challenges that international criminal trials seen from the bench. Law of Treaties Prof. Tullio Treves The rst class will examine “Treaty law” which concerns the content of rules set out in treaties as well as