Current Issues and Research in International Law

Current Issues and Research in International Law
Current Issues and Research in International Law is a core module for all LLM programme will focus
on the development of international legal research and international legal skills through an exploration
of some substantive contemporary issues. The aim of the module is provide students with a firm grasp
of contemporary international legal issues and the ability based on sound research and high level skills
to construct convincing international legal arguments.
Current Issues and Research in International law will explore research in international law through
some critical challenges to international society. Classically international law has been a system of law
that aimed to regulate sovereign states. However, since 1945 the boundaries between international
matters and the internal affairs of states have become increasingly blurred. As a result contemporary
international law is concerned with human rights and the duties of states to their own citizens and other
inhabitants. The role of international organizations in particular the United Nations is an important
factor in the international legal order. Non-state actors, including terrorist organizations have also been
brought within the ambit of the international rule of law.
The issues of concern that the module will explore are: the formation of the sovereign state; selfdetermination and secession; the use of force by states; the use of force to uphold international law;
legal restraints on the use of force; terrorism; human rights, democratic entitlement and the duty to
protect civilians. The module will contrast the international situation when the United Nations was
formed in 1945 with the transformed position after September 11 2001. In the post-World War II world
international relations were composed of relations between states after 2001 non-state actors became
central; Al Qaida then and the ISIS Islamic State in 2014. Armed conflict have taken place between
states and non-state actors such as following September 11, in the wars between Israel and Hezbollah
and Israel and Hamas as well between Kenya and Al-Shabaab, and today between Kurdish and
international forces against ISIS. This means that the international legal doctrine that has been
developed to regulate relations between states has been called in question. This is the greatest challenge
to the international order for a generation and has many implications for international law.
In evaluating these issues the module focuses attention on the rights and duties of states and the powers
and obligations of the United Nations, in particular the Security Council. The role of the International
Court of Justice and other international legal institutions in creating authoritative legal decisions will be
critical. The module will pay particular attention to the formation of legal doctrine and the distinction
between legal authority and legal opinion in determining the scope of international law.
The module will be concerned with the methods of identifying the appropriate sources of international
law and the construction of international legal arguments through reference to international legal
doctrine and scholarly debates. The course will be concerned with the identification of authoritative
determinations of legal doctrine and the associated tasks of interpretation and application. These three
key skills, identification, interpretation and application will form the core of the module. The
construction of legal arguments will be tested in the essay and the research diary will help you reflect
on how you research skills and writing is developing. The oral presentation at the end of the assessment
period will provide the opportunity to demonstrate fluency in presenting arguments and analyzing your
research methods.
The purpose of this guide is to provide students with key information on the module including course
organization, assessment and the programme of study. The programme of study includes selected
reading on each topic. Students are advised to read at least two of the suggested readings each week.
The range of reading offers choice and increases availability. All the books are in the Law Library but
as within any other library other readers may well be using them when you want to read the text. In
such situations make another relevant selection or request the book via the library system. Remember
that many books are available via Google Books. All journal articles are also available in hard copy in
the library. They may also be accessed via the many on-line databases. Once you have become a
registered ATHENS user you can access these both within and outside the university. The most useful
and easily searchable database for full-text journal articles is WESTLAW.
The selected reading will also be useful in providing the basis for completing the module assessment
proposal form that will ask you to cite 6 indicative references of relevant books and articles to support
research on your topic.
Course Organization
Classes
All classes will take place on Wednesdays between 18.00h and 21.00h. These will include a lecture
followed by a question and answer session and a seminar following the lecture. There will also be four
skills workshops
The course is taught through a mixture of formal lectures, question and answer sessions, seminars and
research methods workshops. You are encouraged to participate in the question and answer sessions,
which will deal with the issues raised in the lectures. All lectures will be available as podcasts, usually
within 24 hours of the class. They can be accessed via Moodle. The CIRIL Moodle web site will also
have notices of new developments and any organizational changes so it should be consulted regularly.
In addition to the classes you will also find the seminar series of the Centre on Human Rights in
Conflict (CHRC) useful. The program can be found at http://www.uwel.ac.uk/chrc/events/ . On CHRC
web site you can join the Centres Facebook page, sign up to follow the Centre on twitter and read the
blog.
Materials and Sources
1. Key Texts
Students need copies of the following and should consider purchasing them:
Rosalyn Higgins, Problems and Process: International Law and How we use it (Oxford: Clarendon
Press, 1994).
And
John Strawson (ed.), Law after Ground Zero (Sydney. London and Portland: Glasshouse Press, 2002,
reprinted with amendments 2004).
American Journal of International Law
The leading journal in the field is the American Journal of International Law currently publishing its
108th volume. The journal is in hard copy in the library from Volume 1 and mush is available on line. In
addition to the articles discussion is often continued on-line via http://www.asil.org/blogs in addition
you will also find that many contemporary issues will be discussed at http://www.asil.org/insights. The
journal is published by the American Society of International Law (ASIL), which has an
international membership. There is a student membership available at $55 (34), which gives you
online access to all the materials of the society including the American Journal of International Law
and access to the network of the society. There is also a special rate available for 7 years after you have
completed a higher degree such as the LLM. If you want to join the ASIL go to:
http://www.asil.org/membership/membership
2. The International Law Collection in the Library

The Library is open 24 hours during teaching. The International law collection of the library
comprises of primary sources, journals books and on-line resources. The primary materials include the
International Law Reports and International Legal Materials. The Journal collection includes: American
Journal of International Law, African Journal of International and Comparative Law, Cornell Journal of
International Law, Colombia Journal of Transnational Law, International and Comparative Law
Quarterly, Netherlands International Law Quarterly, Harvard International Law Journal, Stanford
Journal of International law, Loyola of Los Angeles International and Comparative Law
Journal/Review, European Journal of International Law, European Journal of International Relations,
International Peace-Keeping, Human Right Quarterly, Journal of International Refugee Law, South
African Journal of Human Rights, Journal of International Criminal Justice. In addition there are
yearbooks such as the British Yearbook of International Law, Asian Yearbook of International Law,
South African Yearbook of International Law, Israeli Yearbook of Human Rights, the Palestine
Yearbook of International Law and the Yearbook of Islamic and Middle East Law. Regular law journals
and law reviews also carry materials on international law and are worth bearing in mind when
researching a topic.
3. On-Line Resources
On-line resources in International law are well served by Lexis, Westlaw and other journal databases.
These can be accessed via the Athens Authentication System. Once you have registered at UEL this
service is then available from any computer. If you did not attend the Library and Learning Resources
induction follow the instructions in the guide that will find in the library. The librarians can help if you
encounter any problems. In addition the United Nations Treaty Series can be accessed on-line via the
Law School or Library web page.
Accessing Westlaw
The most comprehensive on-line resource for International Law journals is Westlaw.
Westlaw needs to be accessed via your Athens account; once you have selected Westlaw follow these
steps to gain access to full-text articles:
1.
2.
3.
4.
5.
6.
7.
On the first page at the top select services.

On the next page at the bottom select Westlaw International
At the top of the new page select directories
On the left hand side of the new page selected all Westlaw databases
In the middle of the screen select current awareness and legal periodical
This will now give a large list, select world journals and law reviews
This will give you the search box I would suggest that select natural language
Do not forget that database will only find the words that you search under and you will sometime need
to use the include and exclude tab under the search box to refine your search in general you will be
given the top 100 documents in which your term appears in. To see the list of what has been found
click- on full-screen which will appear on the left hand side with the first document. You will be
given in batches of 20 the articles where yours term or terms appears in some context. As a result of
skimming through this you can then decide to click on the full text. You can print the article - or just
note the citation and read the hardcopy if that is available in one the libraries that you are using.
Useful on-line resources can be found at:
UN home page http://www.un.org
International Court of Justice http://www.icj-cij.org
UN Treaty Series http://www.un.org/depts./treaty
American Society of International Law http://www.asil.org
European Journal of International Law http://www.ejil.org
Assessment
There are three elements:
(1) an essay of no more than 3000 words on a topic agreed between the tutor and the candidate
(60% of the marks). The essay is on a topic of your choice that you proposed to the tutor by
completing the Essay Proposal Form this must be signed by the tutor and attached to the
completed paper when handed-in. The purpose of the essay is to allow the candidate to develop an
argument. Essays should not be of a general nature but need to address a particular issue, theory,
case study, institution or doctrine of international law. Topics must be well focused and doable in
3,000. Papers must be word processed and double-spaced. All papers must be written with
footnotes contained full citations on the first occasion and a consolidated bibliography of all
references must appear at the end of the paper. See below for the style of citations. If any essay
proposal has not been agreed or none submitted candidates will have to write on the preapproved title that will appear on Moodle.
Proposals for essays must be agreed by Monday March 13, 2016. If any essay proposal has
not been agreed or none submitted candidates will have to write on the pre-approved title
that will be released on Monday March 6, 2016.
The criteria for marking will be: knowledge of the area chosen, knowledge of the key literature in
the area; engagement with and critical analysis of the literature; the ability to construct an
international legal argument; the ability to accurately cite sources, the ability to offer original
insights on the topic.
(2) a research diary explaining how the essay was written and researched of no more than 2000
words (20% of the marks). The diary needs to reflect on why you chose your topic, the libraries
and on-line research used, authors who influenced you and the way in which you wrote the paper.
The marking criteria will be: ability to reflect critically on the way you research; ability to use
libraries and electronic sources; ability to think critically about what you are reading;
understanding the research process; understanding the writing process.
(3) an oral presentation on the essay and research diary for 20 minutes (for 20% of the marks).
This give candidates the opportunity to explain (1) why they chose the topic, (2) what they think
the main argument in the paper is, (3) research methods used and (4) any additional thoughts after
completing the paper.
The marking criteria will be: command of the topic, ability to speak on the topic without notes,
ability to answer supplementary questions. The oral examination will be held in the week
beginning May 30 2016.
Deadline
Both pieces of work must be submitted on
Assessment Presentation
1. The essay in this module has a word limit of 3,000 words, the research diary has a word limit of
2,000 words. Both pieces of written work must be typed, double-paced on one side of A4 paper. Essays
must be written with footnotes in the citation system explained in this handbook.
2. Essays are a piece of discursive writing where candidates will be expected to demonstrate the ability
to write a sustained and systematic piece of original work. Essays test the ability of candidates to
identify appropriate material, to analyse and comment upon the material in order to construct an
argument.
3. All legal writing in particular requires the ability to identify the appropriate sources of law, to
understand the range of different interpretations of that source and to be able to discuss the application
of legal principles to concrete situations. Scholars and other legal experts in commenting upon or
debating the implications of the doctrine therefore aim legal writing at an engagement with legal
arguments that have been advanced by courts in developing legal doctrine and. Primary legal sources in
international law are contained in treaties, international custom, judgments and opinions of the
International Court of Justice, and other international tribunals, the United Nations Charter and on
occasion instruments of the United Nations General Assembly and Security Council. Secondary
sources are contained in the writings of international legal scholars and practitioners published in books
and journals. Successful essays therefore engage with both these sources. The point of a legal essay is
not to prove that an action is legal or illegal but rather to evaluate the arguments contained in the
sources above. The original aspect of the essays is the manner in which the candidate constructs the
argument, offers reasons for the evaluation of different views and discuses the way in which the results
of this analysis can be applied.
4. Essays must be based on systematic research. This means you will need to carefully record your
research so that the results can be cited accurately in the essay. All quotations must be clearly indicated,
as it is important to be able to distinguish your own work from the work of others. When using an
argument or points that you have found in your reading again this must be clearly indicated by referring
the authors or authors by name in the text and citing them in the footnotes. Essays that do not include
citations will be given the mark of 0%. The citation system is explained in the LLM Handbook and is
reproduced below.
5. Essays that are composed mainly of quotations (even with the correct citations) will fail to obtain
any marks, as it is not possible to deploy other authors to write your essay for you.
6. Essays are not acceptable in note form or written in bullet points. Essays require a robust paragraph
structure.
Plagiarism
1. Plagiarism is passing off the work as others as your own. Plagiarism is a serious of breach of
regulations and is an assessment offence. Candidates who have been found to plagiarise their work will
be subject to an official investigation by the school and this could lead to a university hearing. Once
the offence has been proved the candidate will fail and any other work submitted up until that time will
also be investigated. The consequence of plagiarism is serious and candidates can be sent down from
the university without a degree. In addition the School is under a legal obligation to reveal any act of
plagiarism in any reference. The legal profession, in common with many others, treat it as an offence of
dishonesty.
2. The essay or research diary will be regarded as plagiarised if one or a combination of the following
occur:
(a) Material is copied from books, journals or other sources.
(b) Work is copied from another candidate
The work is cut and pasted from the Internet.
(d) The work is written by someone other than the candidate
(e) Arguments of other authors are presented as the candidates own thoughts
(f) Quotations are not clearly indicated and are presented as the candidates own work.
3. All work submitted for assessment must have been submitted to the anti-plagiarism software,
Turnitin. This accessed via your UEL web account through UEL plus. After up-loading your paper you
will first receipt of receipt and in at most 48 hours a full similarity report. The receipt is proof that you
have submitted the paper and include the receipt reference number only on your paper t when you
hand it in. Failure to do so will result in failing that module. The similarity report you should study
to see whether or not a significant amount of material has been copied from other sources. If that were
to be the case it is likely that the paper has been plagiarized. All staff has access to the Turnitin system
and will review candidates reports. Academic do carry out independent checks outside the Tutnitin if
that is thought necessary.
The Required Citation System
International Law citations systems differ however, the Law School the one that is adopted by most UK
law journal broadly follows the Modern Humanities Research Association citation system for books,
edited collections and journals. For Primary legal sources the Oxford Standard for Citation of Legal
Authorities (OSCOLA). These systems are explained below.
Books
Authors name(s), Title (in italics), then in brackets (Place of publication (the town or city), the
Publisher and the date of publication. These latter details will normally be found on the reverse side of
a title page
E.g.: Rosalyn Higgins, Problems and Process: International Law and how we use it (Oxford:
Clarendon Press, 1994).
Note: the name of the author should be cited as it appears on the books title page.
Articles
Authors name(s) title of the article, full name of the Journal, volume, number and in brackets the date,
followed by the first and last page number of the article.
E.g.: Christine Bell, Peace Agreements: Their Nature and Legal Status, American Journal of
International Law, Vol. 100, No. 2 (2006), 373-412.
Note: the authors name should cited as it appears on the first page of the article.
Chapters in edited collections
Author(s) of the Chapter, title of the chapter, then followed by in name of the Editor(s) followed by
(ed.), title of the book (in italics), the in brackets place of publication; publisher, date, followed by the
first and last page number of the chapter.
E.g.. Bill Bowring, The Degradation of International Law, in John Strawson (ed.) Law after Ground
Zero (London, Sydney, Portland: GlassHouse Press, 2002), 3-19.
Note: the name of the author of the chapter and the editor of the book should be cited as they appear at
the beginning of the chapter and on the title page of the book
Cases of the International Court of Justice (ICJ)
You will find cases of the ICJ places they are all published on line at the courts web-site
(http://www.icj-cij.org) just click on cases, and you be given a link to both contentious cases and
advisory opinions. ICJ cases also appear in the Library in hard copy in the International Law reports.
Some critical cases are also re-printed in International Legal Materials. However, the standard citation
system should be taken from the official ICJ reports if in doubt just check the courts web site and all
cases will have the official citation on the second page of the text of the report.
Contentious Cases should be cited as follows:
Name of the Case (at it appears in the citation which usually indicates topic), followed by the states that
are involved dived by a v for versus and in brackets. You should then cite the the stage of the
litigation, if this is a judgment then the word judgment whereas if it is an order then order with the
date. This is completed with ICJ reports the date (of the year only) and the first page number. Here are
examples:
[1] A Merits decision
Military and Paramilitary Activities in and against Nicaragua (Nicaragua v USA), Merits, Judgment,
ICJ Reports, 1986, p 14.
[2] Jurisdiction and Admissibility stage
Military and Paramilitary Activities in and against Nicaragua (Nicaragua V USA), Jurisdiction and
Admissibility, Judgment, ICJ Reports, 1984, p 393
[3] Provisional Measures
Military and Paramilitary Activities in and against Nicaragua (Nicaragua v USA), Provisional
Measures, Order of 10 May 1984, ICJ Reports, 1984, p169.
Advisory Opinions should be cited as follows:
The name of the case as it appears in the official citation followed by ICJ Reports, the year and the
page number, as the example below shows:
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, ICJ Reports,
2004, p 136.
Note: very recent cases may appear on the web-site before the official law report is produced in such
cases on use the citation on the first or second page that you will find, which will comprise of the name
of the case in bold, then follow this by ICJ and the list number of the case, followed by the date of the
opinion or judgment. An example is below:
Accordance with International law of the Unilateral Declaration of Independence in respect of Kosovo,
ICJ, General List No.141, 22 July 2010.
Note: ICJ judgments, opinions and provisional measures are written in paragraphs and when quoting
from them it is conventional to cite the relevant paragraph (s) number (s).
United Nations Security Council Resolutions
These should be cited as UNSC followed the number of the resolution and the year in which the
resolution was adopted in brackets:
e.g. UNSC resolution 242 (1967).
United Nations General Assembly Resolutions
These should be cited as UNGA followed by the resolution number and in brackets the session of the
General Assembly (in Roman numerals)in which the resolution was adopted followed by the year:
e.g. UNGA resolution 181(II), 1947.
Cross-References
Once you given the full citation you need not repeat it but you can then use a cross referencing system.
If you referring in sequence to the same source the best form is to use Ibid - - if the page number
changes the sources remains the same then insert the page number thus ibid, 26. Ibid is the
shortened version of the Latin Ididem meaning the same place.
If the reference is not sequential then either use of shortened from of the citation. For example:
If the full citation is Rosalyn Higgins, Problems and Process: International Law and How to Use It
(Oxford: Clarendon Press, 1994) this could be simplified to: Higgins, Problems and Process.
Quotations
All quotations must be clearly marked and cited. Short quotations should appear in text and be in
double quotations marks such as
Rosalyn Higgins usefully reminds us that law cannot alone achieve justice and that we cannot ignore
social and political factors.
When quoting from an author who is quoting from another author, that quotation should be placed in
single quotation marks. The example is below
As Strawson points out this position was not inconsistent with colonialism and as Anghie has
observed it provided that the international law... could embark on the next stage of the colonizing
process. His was to prove to be a highly conditional policy
Long quotations over 4 lines of text should be separated from the immediate text by a line, and then
indented by 3 points in word this appears under the Home menu under paragraph. When complete
another line should spate the quotation from the next body of text. For Example:
The issue of the use of force in international law remains much in contention and many of the
arguments concern the interpretation of the article 51 of the United Nations charter. This reads:
Nothing in the present Charter shall impair the inherent right of individual or collective selfdefence if an armed attack occurs against a Member of the United Nations, until the Security
Council has taken measures necessary to maintain international peace and security. Measure taken
by the members in the exercise of self-defence shall be immediately reported to the Security
Council and shall not in any way affect the authority and responsibility of the Security Council
under the present Charter to take at any time such action as it deems necessary in order to maintain
or restore international peace security.
As can seen the paragraph provides that states are able to use force to defend themselves without first
seeking the authority of the Security Council. In addition we should note as the ICJ did in the
Nicaragua case that the right of self-defence does not derive from the Charter but rather from
customary international which the charter does not impair.
Note: the above example contains a quotation from an instrument, the United Nations Charter that is
clearly identified in the text and this does not need a footnote. If the quotations were from a book or
article then it would need to be cited through a footnote.
The Purpose of Quotations

Ensure that quotations are useful and add to the argument that you are making, illustrate a point or as in
example provide the basis for further analysis. Quotations should not been taken out context. The exact
page number(s) of a quotation is required. If the quotation is itself a quotation you must make this clear
by stating that the quotation is taken from the book or article where you read it.
Internet Citations
On the whole the only internet sites that you can rely on to use are official ones, of the United Nations,
the International Court of Justice or those of government. In other words they are most useful for
primary sources, such as a resolution of the Security Council a judgment or opinion of the ICJ or the
text of law or the statement of a government. When citing journal accessed via electronic data bases
you should use the system described above for articles. For internet sites other than that you required
the full details. This must include the title of the document (preceded by the author is there is one) the
full internet address and in brackets the date when you last accessed it.
E.g. George Bush, Address to a Joint Session of Congress and the American People (20 September
2001) at http://www.whitehouse,gov (September 1 2006).
The Programme of Study
Week 1
Lecture 1, International Law and the International Society in the 21st Century.
Rosalyn Higgins, Problems and Process: International Law and How We Use It (Oxford: Clarendon,
1994), chapter 1.
Rosalyn Higgins, Identity of International Law, in Rosalyn Higgins, Themes and Theories: Selected
Essays, Speeches and Writings on International Law (Oxford: Oxford University Press, 2009), Vol. 1,
1.5, 73-90.
Martti Koskenniemi, The Politics of International Law (Oxford: Hart, 2011).
Martti Koskenniemi, The Politics of International Law 20 years later, European Journal of
Daniel Bethlehem, The End of Geography: The Changing nature of the international system and the
challenges to international law, European Journal of International Law, Vol. 25, No 1 (2014), 9-24.
David S Koller, The End of Geography: The Changing nature of the international system and the
challenges to international law: A reply to Daniel Bethlehem, European Journal of International Law,
Vol. 25, No. 1 (20114), 25-29.
Carl Landauer, The End of Geography: The Changing nature of the international system and the
challenges to international law: A Reply to Daniel Bethlehem, European Journal of International Law,
Vol. 25, No.1 (2014), 31-43.
Stephen C Neff, Justice Amongst Nations: A History of International Law, (Cambridge: Harvard
University Press, 2014).
Mary Ellen OConnell, The Power and Purpose of International Law (Oxford: Oxford University
Press, 2008).
Adriana Sinclair, International Relations Theory and International Law: A Critical Approach
(Cambridge and New York: Cambridge University Press, 2010).
Stephen Bouwhuis, The Role of an International Legal Advisor to Government. International and
Comparative Law Quarterly, Vol. 61, Issue 4 (2012), 939-960.
Emile M Hafner-Burton, David G Victor and Yonatan Lupu, Political Science Research on
International Law: The State of the Field, American Journal of International Law, Vol. 106, No. 1
(2012), 47-97.
Wade Mansell, International Law: a Critical Introduction (Oxford: Hart, 2012).

Tai-Hen Cheng, When International Law Works (Oxford: Oxford University Press, 2012).
Christian Reus-Smit, The Politics of International Law, in Christian Reus-Smit (ed) The Politics of
International Law (Cambridge: Cambridge University Press, 2004), 14-44.
Myres S McDougal, Studies in World Public Order (New Haven: New Haven Press, 1986).
Georg Schwarzenberger, Power Politics: A Study of World Society (London; Stevens, 1964), chapter
13.
Christopher G Weeramantry, Cultural and Ideological Pluralism in Public International Law, in
Christopher G Weeramantry, Universalising International Law (Leiden and Boston: Martinus Nijhoff,
2004), 1-31.
Alan E Boyle and Christine M Chinkin, The Making of International Law (Oxford: Oxford University
Press, 2007), 1-40.
John Strawson, In the Name of the Law, in John Strawson (Ed.) Law after Ground Zero (London,
Sydney Portland: GlassHouse Press, 2002) xi-xxii.
Dominic McGoldrick, From 9-11 to the Iraq War 2003 (Oxford: Hart, 2004), chapter. 1
Thomas M Franck, The Power of Legitimacy and the Legitimacy of Power in an Age of Power
Disequilibrium, American Journal of International Law, Vol. 100, No. 1 (2006), 88-106.
Nico Kirsch, International Law in Times of Hegemony: Unequal Power and the Shaping on
International Legal Order, European Journal of International Law, Vol. 16, no. 3 (2005), 408-436.
Dino Kristos, Arguments of Mass Confusion, European Journal of International Law, Vol. 15, No. 2
(2004), 233-278.
Detlev Vagts, Hegemonic International Law, American Journal of International Law, Vol. 95 No. 4
(2001), 843-848.
Joes E. Alvaez, Do Liberal States Behave Better? A Critique of Slaughters Liberal Theory, European
Journal of International Law Vol. 12. No. 2 (2001), 183-245.
Week 2.
Lecture 2, Authority, Argument and Jurisdiction in International Law.
Key Texts:
(1) United Nations Charter, especially articles 1, 2; 39-51 and 103
(2) Declaration of Principles of International Law Concerning Friendly Relations and Cooperation
Among States in Accordance with the Charter of the United Nations (United Nations General
Assembly Resolution 2625 (XXV), 1970).
Rosalyn Higgins, Problems and Process: International Law and how we use it, (Oxford: Clarendon,
1994), chapter 2.
10
Rosalyn Higgins, Fundamentals of International Law, in Rosalyn Higgins, Themes and Theories:
Selected Essays, Speeches and Writings on International Law (Oxford: Oxford University Press, 2009),
Vol. I, 91-107.
Rosalyn Higgins, New Challenges and the Role of the ICJ, in Rosalyn Higgins, Themes and
Theories: Selected Essays, Speeches and Writings on International Law (Oxford: Oxford University
Press, 2009), Vol. I, 306-324.
Ian Shapiro and Joseph Lampert, The Charter of the United Nations ( Princeton: Yale University Press
2014).
Jack L Goldsmith and Eric A Posner, The Limits of International Law (Oxford: Oxford University
Press, 2005), 23-44.
Michail Vagias, The Territorial Jurisdiction of the International Criminal Court, (Cambridge:
Cambridge University Press, 2014).
Daniel Bethlehem, The End of Geography: The Changing nature of the international system and the
challenges to international law, European Journal of International Law, Vol. 25, No 1 (2014), 9-24.
Mario Prost, The Concept of Unity in Public International Law (Oxford: Hart, 2012).
Yuval Shany, Assessing the Effectiveness of International Courts: A Goal-Based Approach, American
Journal of International Law, Vol. 106, No. 2 (2012), 225-270.
Shirley Scott, International Law, US Power (Cambridge: Cambridge University Press, 2012).
Jutta Brunee and Stephen J Tope, Legitimacy and Legality in International Law (Cambridge:
Cambridge University Press, 2010)
Steven Ratner and Anne-Marie Slaughter, Appraising the Methods of International Law: A Prospectus
for Readers, American Journal of International Law, Vol. 93 No. 2 (1999), 291-302 see also the
ensuing symposium, 302-423.
Dinah Shelton, Normative Hierarchy in International Law, American Journal of International Law, Vol.
100, No. 2 (2006), 291-323.
Thomas Skouteris, The Force of a Doctrine: Article 38 of the PCIJ Statute and the Sources of
International Law, in Fleur Johns, Richard Joyce and Sundhya Pahuja (eds.), Events; The Force of
International Law (Abingdon and New York: Routldege-Cavendish, 2010), chapter 6.
Laszlo Blutman, The Trap of a Legal Metaphor: International Soft Law, International and Comparative
Law Quarterly, Vol. 59, Issue 3 (2010), 571-603.
Ian Johnstone, Legislation and Adjudication in the United Nations Security Council: Bringing Down
the Deliberative Deficit, American Journal of International Law, Vol. 102, No. 2 (2008), 715-767.
Howard N Meyer, The World Court in Action: Judging Amongst the Nations (Lanham MD: Rowman
and Littlefield, 2002).
Cedric Ryngaert, Jurisdiction in International Law (Oxford: Oxford University Press, 2008).
Andreas Zimmermann, The Statute of the International Court of Justice: A Commentary (Oxford:
Oxford University Press, 2006).
Mohamed Sameh M Amr, The Role of the International Court of Justice as the Principal Judicial
Organ of the United Nations (The Hague, London: Kluwer Law International, 2003).
David Schweigman, The Authority of the Security Council under Chapter VII of the UN Charter: Legal
limits on the role of the International Court of Justice (London: Kluwer Law International, 2001).
11
Marko Divac Oberg, The Legal Effects of Resolutions of the UN Security Council and General
Assembly in the Jurisprudence of the ICJ, European Journal of International Law, Vol. 14, No 5 (2003),
879-906.
Anthony Carty, The Terrors of Freedom: the Sovereignty of States and Freedom to Fear, in Strawson
(Ed.) Law after Ground Zero, 44-56.
Martti Koskenniemi, The Politics of International Law, European Journal of International Law, Vol. 1
Nos. 1-2 (1990), 4-32.
Dencho Georgiev, Politics or the Rule of Law: Deconstruction and Legitimacy in International Law,
European Journal of International Law Vol. 4 , No 1 (1993), 1-14.( a reply to Koskenniemi).
Arnold N Pronto, Some Thoughts on Making International Law, European Journal of International Law
Vol. 19, No. 3 (2008), 601-616.
Jean dAspremont, Softness in International Law: A Self-Serving Quest for New Legal Materials,
European Journal of International Law, Vol. 19, No. 5 (2008), 1075-1093.
Martti Koskeniemi, From Apology to Utopia: The Structure of international Legal Argument
(Cambridge: Cambridge University Press, 2005).
Anthony Carty, The Decay of International Law: A Reappraisal of the Limits of legal imagination in
International Affairs (Manchester: University of Manchester Press, 1986).
David Kennedy, The Sources of International Law in Martti Koskenniemi (Ed) International Law
(Aldershot and Burlington: Ashgate, 1992), 293.
Dianne Otto, Subalternity and international Law: Problems of the Global Community and the
Incommensurability of Difference, in Eve Darian-Smith and Peter Fitzpatrick (Eds.) Laws of the
Postcolonial (Ann Arbor: University of Michigan Press, 1999), 145-180.
Alexander Orakhelashvili, The Impact of Preemptory Norms on the interpretations of and application
of the United Nations Security Council Resolutions, European Journal of International Law, Vol. 16,
No 1 (2005), 59-88.
Jason A Beckett, Countering Uncertainty and Ending up-Down arguments. Prolegomena to a response
to NAIL [New Approaches to International Law], European Journal of International Law Vol. 16, No. 2
(2005), 213-238.
Anthony Carty and Richard A. Smith, Sir Gerald Fitzmaurice and the World Crisis: A Legal Advisor in
the Foreign Office (The Hague, London, Boston: Kluwer Law International, 2000).
Iain Scobbie, Some Common Heresies about International Law: Sundry Theoretical Perspectives, in
Malcolm D. Evans (Ed.) International Law (Oxford: Oxford University Press, 2003), 59-87.
V.S. Mani, Basic Principles of International Law: A study of UN debates on the Principles of
international law concerning friendly relations and cooperation between states (New Delhi: Lancer
Books, 1993).
Costas Douzinas and Ronnie Warrington with Shaun McViegh, Postmodern Jurisprudence (London and
New York: Routledge, 1991) 2-51.
Mary Ellen 0Connell, New International Legal Method, American Journal of International Law, Vol.
93, No. 1 (1999), 334-351.
Bruno Simma and Andreas I. Paulus, The International Community: Facing the Challenge of
Globalism, European Journal of International Law, Vol. 9, No. 2 (1998), 266-277.
12
Majid Khadduri, The Islamic Law of Nations: Shaybanis Siyar (Baltimore: The John Hopkins Press,
1966), 49-56.
Week 3
Lecture 3. The formation of the States and doctrine of sovereignty.
Rosalyn Higgins, Problems and Process: International Law and how we use it (Oxford: Clarendon,
1994), chapter 3.
Rosalyn Higgins, The Concept of the State: Variable Geometry and Dualist Perceptions, in
Rosalyn Higgins, Themes and Theories: Selected Essays, Speeches and Writings on International Law
(Oxford: Oxford University Press, 2009), Vol. I, 28-140.
Mario Silva, State Legitimacy and the Failure of International Law, (The Hague: Martinus Nijhoff
2014).
Stefan Talmon, De-Recognition of Colonel Gaddafi as the Head of State of Libya, International and
Comparative Law Quarterly, Vol. 60, No. 3 (2011), 759-767.
Jure Vidman, Explaining the Effects of Recognition, International and Comparative Law Quarterly,
Vol. 61, Issue 2 (2012), 361-387.
Colin Warbrick, States and Recognition in International Law, in Malcolm D Evans (ed.)
International Law (Oxford: Oxford University Press, 2003), 205-267.
Eyal Benvenisti, Sovereign as Trustees of Humanity: On the Accountability of States to Foreign
Stakeholders, American Journal of International Law, Vol. 107. No. 2 (2013), 295- 333.
Peter Fitzpatrick, Enduring Right in John Strawson (Ed.) Law after Ground Zero (London, Sydney,
Portland: GlassHouse Press, 2002), 37-43
Peter Fitzpatrick, Gods would be needed.? American Empire and the Rule of International Law,
Leiden Journal of International Law, Vol. 16, 429.
Richard Joyce, Westphalia: Event, Memory, Myth, in Fleur Johns, Richard Joyce and Sundhya Pahuja
(eds.) Events the Force of International Law (Abingdon and New York: Routldege-Cavendish, 2010),
chapter 5.
Gerry Simpson, Great Powers and Outlaw States (Cambridge: Cambridge University Press, 2004).
Jonathan B Schwartz, Dealing with a Rogue State: The Libya Precedent, American Journal of
Anton Anghie, Imperialism, Sovereignty and the Making of International Law (Cambridge: Cambridge
Stephane Beaclac, The Power of Language in Making International Law: The Word sovereignty in
Bodin and Vattel and the Myth of Westphalia (Leiden and Boston: Martinus Nijhoff, 2004).
13
R. A. Mullerson, Ordering Anarchy: International Law and International Society (The Hague and
Boston: Martinus Nijhoff, 2000).
Ingrid Detter De Lupis, International Law and the Independent State (Aldershot: Gower, 1987).
Nico Krisch, International Law in Times of Hegemony: Unequal Power and the Shaping of the
International Legal Order, European Journal of International Law, Vol. 16, No. 3 (2005), 369-408.
Sean D Murphy, United States Practice of International Law (Cambridge: Cambridge University Press,
2002) Vol. 1.
Michael Byers and Georg Nolte (Eds.) United States Hegemony and the Foundations of International
Law (Cambridge: Cambridge University Press, 2003).
Annelise Riles, The View from the International Plane: Perspective and Scale in the Architecture of
Colonial International Law in Eve Darian-Smith and Peter Fitzpatrick (eds.) Laws of the Postcolonial
(Ann Arbor: University of Michigan Press, 1999), 127 142.
Richard Joyce, Sovereignty and the IMF Intervention in Cambodia, Griffith Law Review, Vol. 12, No.2
(2003), 166-189.
Stephen Tierney, Reframing Sovereignty: Sub-state national societies and contemporary challenges to
the nation state, International and Comparative Law Quarterly, Vol. 54 No. 1 (2005), 161-183.
Amos Shapira and Mala Tabory, New Political Identities in Private and Public International Law with
special reference to the Palestinian entity (Kluwer Law International, 1999).
Week 4
Lecture 4, The doctrine of Self-Determination of Peoples: Critical Questions.
Key Cases:
(1) Accordance with International law of the Unilateral Declaration of Independence in respect of
Kosovo, ICJ, General List No.141, 22 July 2010.
(2)Western Sahara, Advisory Opinion, ICJ Reports 1975, p. 12.
Rosalyn Higgins, Problems and Process: International Law and How We Use it (Oxford: Clarendon,
1994), chapter. 7.
Roland Tricot and Barrie Sander, The Broader Consequences of the International Court of Justices
Advisory Opinion on the Unilateral Declaration of Kosovo, Columbia Journal of Transnational Law,
Vol. 49, No. 2 (2011), 321-363.
Scott P Sheeran, International Law, Peace Agreements and Self-Determination, International and
Comparative Law Quarterly, Vol. 60, Pt. 2 (2011), 423-458.
Richard Falk, The Kosovo Advisory Opinion: Conflict Resolution and Precedent, American Journal of
Dinah Shelton, Self-determination in Regional Human Rights Law: from Kosovo to Cameroon,
American Journal of International Law, Vol. 105, No. 1 (2011), 60-80.
Dov Jacobs, The International Court of Justice Accordance with International Law of the Unilateral
Declaration of Independence with Respect of Kosovo Advisory Opinion 22 July 2010, International
and Comparative Law Quarterly, Vol. 60, Issue 3 (2011), 789-810.
14
Marc Weller, Settling Self-Determination Conflicts: Recent Developments, European Journal of

International Law, Vol. 20 No. 1 (2009), 111-165.
Marc Weller, Escaping the Self-Determination Trap (Leiden and Boston: Martinus Nijhoff, 2008).
Sundhya Pahuja, Decolonization and the Eventfulness of International Law, in Fleur Johns, Richard
Joyce and Sundhya Pahuja (eds.) Events: the Force of International Law (Abingdon and New York:
Routledge-Cavendish, 2011), 91-105.
John Strawson, Partitioning Palestine: Legal Fundamentalism in the Palestinian-Israeli Conflict
(London and New York: Pluto Press, 2011), chapter 3.
Ohannes Geukjian, Ethnicity, Nationalism and Conflict in the South Caucuses (Aldershot: Ashgate,
2012).
Ana S Trbovich, A Legal Geography of Yugoslavias Disintegration (Oxford: Oxford University Press,
2008).
Richard D Caplan, Europe and Recognition of New States in Yugoslavia (Cambridge: Cambridge
Thomas M Franck, Clan and Superclan: Loyalty, Identity and community in law and practice,
American Journal of International Law, Vol. 90 (1996), 359- 383.
Steven M Ratner, Drawing a Better Line : Uti Possidetis and the Boarders of New States, American
Journal of International Law Vol. 90 (1996), 590-624
Frederic L Kirgis, The Degrees of Self-Determination in the United Nations Era, American Journal of
International Law, Vol. 88 (1994), 304.
Amy Kellam, Foreign Devils: Laws Imperial Discourse and the Status of Tibet, Griffith Law Review,
Vol. 12, No. 2 (2003), 190 214.
Obiora Chinedu Okafor, Redefining Legitimate Statehood: International Law and State Fragmentation
in Africa (The Hague and London: Martinus Nijhoff, 2000).
Margaret Moore, National Self-Determination and Secession (Oxford: Oxford University Press, 1998).
Karen Knop, Diversity and Self-Determination in International Law (Cambridge: Cambridge
Stefan Talmon, The Responsibility of Outside Powers for Acts of Secessionist Entities, International
and Comparative Law Quarterly, Vol. 58, Part 3 (2009), 493-518.
Erika de Wet, The Governance of Kosovo: Security Council Resolution 1244 and the Establishment
and Functioning of EULEX, American Journal of International Law, Vol. 103, No. 1 (2009), 83-96.
Stephen Tierney, Reframing Sovereignty: Sub-state national societies and contemporary challenges to
the nation state, International and Comparative Law Quarterly, Vol. 54 No. 1 (2005), 161-183.
Enrico Milano, Security Council Action in the Balkans: Reviewing the legality of Kosovos Territorial
Status, European Journal of International Law, Vol. 14, no. 5 (2003), 999-1022.
Adam Roberts, The End of the Occupation: Iraq 2004, International and Comparatively Law Quarterly,
Vol. 54, No. 1 (2004), 27-48.
Amos Shapira and Mala Tabory, New Political Identities in Private and Public International Law with
special reference to the Palestinian entity (The Hague and Boston: Kluwer Law International, 1999).
15
Anne Bayefsky (ed.) Self-Determination in International Law: Lessons Learned over the Quebec
Question ( The Hague and Boston: Kluwer International Law, 2000).
Antonio Cassese, Self-Determination of Peoples: A Legal Reappraisal (Cambridge: Cambridge
Brad Roth, Governmental Illegitimacy and International Law (OUP, 2000).
Catherine Brolemann, Renee Lefeber and Marjoleine Ziceck (eds.) Peoples and Minorities Rights in
International Law (The Hague and Boston: Martinus Nijhoff, 1993).
Noah Feldman, What We Owe Iraq: War and the Ethics of Nation-Building (Princeton: Princeton
David Whippman (Ed.) International Law and Ethnic Conflict (Cornell University Press, 1998).
Farhang Mehr, A Colonial Legacy: Dispute over the Islands of Abu Musa and the Greater and Lesser
Tumbs (University Press of America, 1997).
Morton H. Haperin and David Scheffer, Self-Determination and the New World Order (Boulder:
Westview Press, 1994)
James Crawford, The Rights of the Peoples (Oxford: Oxford University Press, 1988).
Joshua Castellino, International Law and Self-Determination (The Hague and Boston: Martinus
Nijhoff, 2000)
Kypros Chrysostomides, The Republic of Cyprus: A Study in International Law ( The Hague and
Boston: Martinus Nijhoff, 2000)
Maivan Clech Lam, At the Edge of the State: Indigenous Peoples and Self determination
(Transnational Publishers, 2000).
Martin Tamkoc, The Turkish Cypriot State (R. Rusten, 1988).
Robert McCorquordale (Ed.) Self-Determination in International Law (Aldershot: Ashgate 2000).
Roberto C. Laner, The Falklands/Malvinas Case (The Hague and Boston: Martinus Nijhoff, 2001).
Tim Potter, Conflict in Nagorno-Karabakh, Abkhazia and South Ossetia A Legal Appraisal (The
Hague and Boston: Kluwer Law International 2001).
Zaim Necatigil, The Cyprus Question and Turkish Practice in International Law (Oxford: Oxford
David J. Thompson, Climbing the Iron Wall: Palestine and Self-Determination, Griffith Law Review,
Vol. 12, no. 2 (2003), 288 309.
Mark Harris, Mapping Australian Postcolonial Landscapes: From Resistance to Reconciliation?
Law/Text/Culture, Vol. 7 (2003), 71 97.
Trent N. Tappe, Chechnya and the State of Self-Self-Determination in a Breakaway Region of the
Former Soviet Union, Columbia Journal of Transnational Law, Vol. 34 (1996), 255-295.
Martti Koskenniemi, National Self-Determination Today: Problems of Legal Theory and Practice,
International and Comparative Law Quarterly, Vol. 43 (1994), 241.
Ved Nanda, Self-Determination and International Law: A Tale of Two Cities, American Journal of
International Law, Vol. 66 (1972), 109.
16
Robert McCorqourdale, Self-Determination beyond the colonial context and its potential impact on
Africa. African Journal of International and Comparative Law, Vol. 4 (1992), 592.
Anthony Whelan, Wilsonian Self-Determination and the Versailles Settlement, International and
Comparative Law Quarterly, Vol. 43 (1994), 99.
John Dugard, 1966 and All that: The South West Africa Judgment revisited in the East Timor Case,
African Journal of International and Comparative Law, Vol. 8 (1996), 549-563.
Paul G McHugh, Aboriginal Societies and the Common Law: A history of sovereignty, states and selfdetermination (Oxford: Oxford University Press, 2004).
Harvard International Law Journal, Special Issue on Nationalism and Internationalism: Shifting World
Spheres, Vol. 33 (1992).
John Strawson, Mandate Ways: Self-Determination and the Existing Non-Jewish Communities. In
Sanford R. Silverburg (ed.) Palestine and International Law (McFarland, 2002), 271-270.
Honsjorg Strohmeyer, Collapse and reconstruction of a judicial system: The UNs Missions in Kosovo
and East Timor, American Journal of International Law Vol. 95 (2001) 46-63.
Jennifer Widner, Courts and Democracy Post Conflict Transitions, American Journal of International
Law, Vol. 95 (2001), 64-75
Michael J Matheson, United Nations Governance in Postconflict Societies, American Journal of
International Law, Vol. 95 (2001), 76-85
Samuel H. Barnes, The contribution of Democracy to Rebuilding Postconflict Societies, American
Journal of International Law, Vol. 95 (2001), 86-101.
Frederic L Kirgis, Security Council Governance of Postconflict Societies: A Plea for Good Faith,
American Journal of International Law, Vol. 95 (2001), 579-582.
Week 5
Lecture 5, The Use of Force by States
Key Case: Military and Paramilitary Activities in and against Nicaragua (Nicaragua v USA) Merits,
Judgment, ICJ Reports, 1986, p .14.
.
Note 1: The case is also reported at International Law Reports, Vol. 76, [1986], 414.
Note 2: You must read paragraph 176.
Rosalyn Higgins, Problems and Process: International Law and How We Use It (Oxford: Clarendon),
chapter 14.
Rosalyn Higgins, Intervention in International Law, in Rosalyn Higgins, Themes and Theories:
Selected Essays, Speeches and Writings on International Law (Oxford: Oxford University Press, 2009),
Vol. I, 3.1, 272-283.
ThomasDGrant,AnnexationofCrimea,AmericaJournalofInternationalLaw,Vol.109,No.1
(2015),6895
Yoram Dinsetin, War, Aggression and Self-Defense (Cambridge: Cambridge University Press, 2005).
W. Michael Reisman, Allocating competences to use coercion in the Post-Cold War World: Practices
17
Conditions and Prospects, in Lori Fisler Damrosch and David J. Scheffer (eds.) Law and Force in the
New International Order (Bolder: Westview Press, 1991), 26-45.
John Strawson, Provoking International Law: War and Regime Change in Iraq, in Fluer Johns,
Richard Joyce and Sundhya Pahaja (eds.), Events: The Force of International Law (Abingdon and New
York: Routledge Cavendish, 2011), 246-259.
Tom Ruys, The Meaning of Force and Boundaries of Jus ad Bellum: Are Minimal Uses of Force
Excluded from the UN Charter Article 2(4)? American Journal of International Law, Vol. 108, No. 2
(2014), 159-210.
(for a continuation of the discussion on this article to go: http://www.asil.org/blogs/true-meaning-forcefurther-response-tom-ruys-interest-peace )
John Yoo, Point of Attack, Preventative War, (Oxford and New York: Oxford University Press, 2014).
Post 9/11 and the Debate about the Use of Force
Theresa Reinold, State Weakness, Irregular Warfare and the Right to Self-Defense Post-9/11, American
Journal of International Law, Vol. 105, No 2 (2011), 244-286.
Daniel Bethlehem, Self-Defense Against an Imminent or Actual Attack by Nonstate Actors, American
Michael J Glennon, Law, Power and Principles, American Journal of International Law, Vol. 107, No. 2
(2013), 378-380.
Mary Ellen OConnell, Dangerous Departures, American Journal of International Law, Vol. 107, No. 2
(2013), 380-386.
Gabor Rona and Raha Wala, No Thank You to a Radical Rewrite of the Jus Ad Bellum, American
Elizabeth Wilmshurst and Michael Wood, Self-Defense against Nonstate Actors: Reflections on the
Bethlehem Principles, American Journal of International Law, Vol. 107, No. 2 (2013), 390-395.
Dapo Akande, and Thomas Leiflander, Clarifying necessity, imminence and proportionality in the law
of Self-Defense, American Journal of International Law, Vol. 107, No. 3 (2013), 563-670.
Dire Tladi, The Non-consenting Innocent State: The Problem with Bethlehems Principle 12, American
Mahmoud Hmoud, Are New Principles Needed: The Potential of the Established between the
Responsibility for Attacks by Nonstate Actors and the Law of Self-Defense, American Journal of
Daniel Bethlehem, Principles of Self-Defense: a Brief Response, American Journal of International
Law, Vol. 107, No. 3 (2013), 579-585.
More General Works
Marc Weller, Iraq and the Use of Force in International Law (Oxford: Oxford University Press, 2010).
Tom Ruys, Armed Attack and Article 51 of the UN Charter: Customary Law and Practice
(Cambridge and New York: Cambridge University Press, 2010).
Rory Brown, Fighting Monsters: British-American War-making and Law-Making (Oxford: Hart, 2011).
Christian Henderson, The Persistent Advocate of the Use of Force: The Impact of the US upon the Jus
ad Bellum in the Post-Cold War Era (Farnham and Burlington: Ashgate, 2010).
18
Stefan Barriga and Clause Kress, The Travaux Preparatoires of the Crime of Aggression (Cambridge:
Brendan Simms and D.J.B Trim (eds.) Humanitarian Intervention: A History (Cambridge and New
York: Cambridge University Press, 2011)
Stefan Barriga and Leena Grover, A Historic Breakthrough on the Crime of Aggression, American
Ashely S Deeks, Consent to the Use of Force and International Law Supremacy, Harvard International
Law Journal, Vol. 54, No. 1 (2013), 1-60.
W Michael Reisman and Andrea Armstrong, The Past and Future Claim of Preemptive Self-Defense,
American Journal of International Law, Vol. 100, No. 3 (2006), 525-550.
Julius Stone, Aggression and World Order: A Critique of United Nations Theories of Aggression (Clark
NJ: Lawbook Exchange, 2006).
Judith Gail Gardam, Necessity, Proportionality and the Use of Force by States (Cambridge: Cambridge
Thomas Franck, Recourse to the Use of Force: State Action against threats and armed attack
(Cambridge: Cambridge University Press, 2002).
Christian Henderson and James A Green, The Jus Ad Bellum and Entities short of Statehood in the
Report on the Conflict in Georgia, International and Comparative Law Review, Vol. 59, Issue 1 (2010),
129-139.
Nikolas Sturchler, The Threat of Force in International Law (Cambridge: Cambridge University Press,
2007).
Harold Karan Jacobson and Charlotte Ku, Democratic Accountability and the Use of Force in
International Law (Cambridge: Cambridge University Press, 2003).
Ann Orford, Reading Humanitarian Intervention: Human Rights and the Use of Force in International
Law (Cambridge: Cambridge University Press, 2003).
Kenneth Watkin, Controlling the Use of Force: A Role for Human Rights in Contemporary Armed
Conflict, American Journal of International Law, Vol. 98 No. 1 (2004), 1-34.
John Janzekovic, The Use of Force for Humanitarian Intervention: Morality and Practicalities
(Aldershot: Ashgate, 2006).
John M Kabia, Humanitarian Intervention and Conflict Resolution in West Africa (Farnham and
Burlington: Ashgate, 2009).
Myra Williamson, Terrorism, War and International Law: the legality of the use of force against
Afghanistan in 2001 (Aldershot: Ashgate, 2009).
Ryan Goodman, Humanitarian Intervention and Pretexts for War, American Journal of International
Law, Vol. 100, No. 1 (2006), 107-141.
Michael Bothe, Mary Ellen OConnell, Redefining Sovereignty: the use of force after the Cold War:
New Options, Lawful and Legitimate? (Ardsley NY: Transnational Publishers, 2005).
Mohammad Taghi Karoubi, Just or Unjust War? International Law and unilateral use of armed force
by states at the turn of the 20th Century (Aldershot: Ashgate, 2004).
Heather Wilson, International Law and the Use of Force by National Liberation Movements (Oxford:
Clarendon, 1988).
19
Lori Fisler Damrosch and Bernard H. Oxman (eds.) Agora: Future Implications of the Iraq Conflict,
American Journal of International Law, Vol. 97, No. 3 (2003), 553 642 Continued Vol. 97, No.4
(2003), 803 872.
Mahmoud Hmoud, The Use of Force Against Iraq: Occupation and Resolution 1483, Cornel
International Law Journal, Vol. 36, No. 3 (2004), 435-453.
Dominic McGoldrick, From 9-11 to the Iraq War 2003 (Oxford and Portland: Hart Publishing, 2004)
Chapter 4.
Niaz A Shah, Self-Defence in Islamic and International Law: Assessing Al Qaeda and the Invasion of
Iraq (New York: Palgrave Macmillan, 2008)
Terry Nardin and Melissa S Williams (eds.) Humanitarian Intervention (New York and London: New
York University Press, 2006).
Fernando R Teson, The Liberal Case for Humanitarian Intervention in J. L. Holzgrefe and Robert O
Keohane (eds.) Humanitarian Intervention: Ethical, Legal and Political Dilemmas (Cambridge:
Cambridge University Press, 2003), 93-129.
Oliver Corten, The Controversies over the customary prohibition on the use of force: a methodological
debate, European Journal of International Law, Vol. 16, No. 5 (2005), 803-822.
Christine J Tams, Light treatment of a complex problem: the law of self-defense in the wall case,
European Journal of International Law, Vol. 16, no. 5 (2005), 963-978.
Christine Gray, The Use and Abuse of the International Court of Justice: Cases Concerning the Use of
Force After Nicaragua, European Journal of International Law, vol. 14, No 5 (2003), 867-906.
Eyal Benvenisti, The US and the Use of Force: Double-edged Hegemony in the Management of Global
Emergencies, European Journal of International Law, Vol. 15, No. 4 (2004), 677-700.
Jutta Brunee and Stephen J Toope, The Use of Force: International Law after Iraq, International and
Comparative Law Quarterly, Vol. 53, No. 4 (2004), 785-806.
Phillipe Sands, Lawless World (London: Penguin, 2005), chapter 8.
Christine Gray, From Unity to Polarization: International Law and the Use of Force against Iraq,
European Journal of International Law, Vol. 13 No. 1 (2002), 1-20.
UK Attorney-Generals Advice on the Iraq War: Resolution 1441, International and Comparative Law
Quarterly, Vol. 54. Pt3 (2005), 767-778.
Lord Alexander of Weedon, Iraq, The Pax Americana and the Law, Yearbook of Islamic and Middle
East Law, Vol. 9 (2002-2003), 3-28.
Christopher Greenwood, Britains War on Saddam had Law on its Side, Yearbook of Islamic and
Middle East Law, Vol. 9 (2002-2003), 29-31.
Vaughan Lowe, Iraq Crisis: What Now? International and Comparative Law Quarterly, Vol. 52, Part 4
(2003), 859-871.
UN Secretary-Generals High-Level Panel on Threats, Challenges and Change, A More Secure World:
Our Shared Responsibilities, at http://www.un.org/secureworld/ see in particular section IV.
Alex Danchev and John MacMillan, The Iraq War and Democratic Politics (London: Routledge, 2005).
Corneliu Bjola, Legitimizing the Use of Force in International Politics: A Communicative Action
Perspective, European Journal of International relations, Vol. 11, No. 2 (2005), 266-303.
20
Costas Douzinas, Postmodern just wars: Kosovo, Afghanistan and the new world order in Strawson
(Ed.) Law after Ground Zero, 20-36.
Hillary Charlesworth, International Law: A Discipline of Crisis, Modern Law Review, Vol. 65 (2002),
377.
Louis Henkin, Ruth Wedgwood, Jonathan I Charney, Christine M Chinkin, Richard A Falk, W.Michael
Reisman, Editorial Comments: Natos Kosovo Intervention, American Journal of International Law,
Vol. 93, No. 4 (1999), 824-878.
Dino Kitsiotis, The Kosovo Crisis and Natos Application of Armed Force Against the Federal
Republic of Yugoslavia, International and Comparative Law Journal, Vol. 49, pt. 2 (2000), 330-359.
Ruth Wedgwood, Unilateral Action in the UN System, European Journal of International Law, Vol. 11,
No. 2 (2000), 349-360
Bruno Simma, NATO, the UN and the use of force: legal aspects, European Journal of International
Law, Vol. 10, No. 1 (1999). 1.
Christine Gray, The use of force and the international legal order, in Malcolm D. Evans (ed.)
International Law (Oxford: Oxford University Press, 2003), 589-620.
Georg Nolte, The Limits of the United Nations Security Councils Powers and Functions in the
International Legal System: Some Reflections in Michael Byers (ed.) The Role of Law in International
Politics (Oxford University Press, 2000), 315-326.
Dino Kritsiotis, The Kosovo Crisis and NATO's application of the Armed Force against the Former
Republic of Yugoslavia, International and Comparative Law Quarterly Vol. 59 (2000), 330.
Week 6
Lecture 6, Enforcing international law
Key Texts:
(1) United Nations Charter, Chapter VII.
(2) UN Security Council Resolution 678 (1990)
(3) UN Security Council Resolution 1441 (2002).
(4) UN Security Council Resolution 1973 (2011)
Rosalyn Higgins, Problems and Process: International Law and How We Use It (Oxford: Clarendon,
1994), chapter 15.
Danesh Sarooshi, The United Nations and the Development of Collective Security (Oxford: Oxford
Anne Orford, International Authority and the Responsibility to Protect (Cambridge and New York:
Alex J. Bellamy, Sara E Davies and Luke Glanville (eds.) The Responsibility to Protect in
International Law (Leiden and Boston: Martinus Nijhoff, 2011).
Christopher S Civvis, Toppling Gaddafi: The limits to liberal interventionism, (Cambridge: Cambridge
21
Gier Ulfstein and Hege Fosund Christiansen, The Legality of NATO Bombing in Libya, International
and Comparative Law Quarterly, Vol. 62, Issue 1 (2013), 159-171.
Georg Nolte, The Limits of the United Nations Security Councils Powers and Functions in the
International Legal System: Some Reflections in Michael Byers (ed.) The Role of Law in International
Politics (Oxford University Press, 2000), 315-326.
For an exchange on the role of the United Nations General Assembly in this area go to:
http://www.asil.org/blogs/ajil-unbound?page=1
Erika de Wet, The Chapter VII Powers of the United Nations Security Council (Oxford and Portland:
Hart, 2004).
Neil Fenton, Understanding the United Nations Security Council: Coercion or Consent? (Aldershot
and Burlington: Ashgate, 2004).
David M Malone, The UN Security Council: From the Cold War to the 21st Century (Boulder and
London: Lynne Rienner, 2004).
David Schweigman, The Authority of the Security Council under Chapter VII of the United Nations
Charter (The Hague: Kluwer International Law, 2001).
Jules Lobel and Michael Ratner, Bypassing the Security Council: Ambiguous Authorizations to Use
Force, Cease-Fires and the Iraq Inspection Regime, American Journal of International Law, Vol. 93,
No. 1 (1999), 124-154.
Bill Bowring, The degradation of international law? In John Strawson (ed.) Law after Ground Zero
(London Sydney, Portland: GlassHouse Press 2002), 3-19.
John Norton Moore, Crisis in the Gulf: Enforcing the Rule of Law (New York, London and Rome:
Oceana, 1992).
Thomas Franck, On Proportionality of Counter Measures in International Law, American Journal of
Marc Weller, The Kuwait Crisis: A Survey of Some Legal Issues, African Journal of International and
Comparative Law Vol. 3 (1991), 1-31.
Christopher Greenwood, The Gulf Conflict and the New World Order, Modern Law Review, March
1992.
Michael Byers, The Shifting Foundations of International Law: A Decade of Forceful Measures
Against Iraq, European Journal of International Law, Vol. 13, No. 1 (2002), 21-42.
Marcelo G Kohen, The Use of Force by the United States after the end of the Cold War and its impact
on international law, in Michael Byers and George Nolte (eds.) US Hegemony and the Foundations of
international Law (Cambridge: Cambridge University Press, 2003), 197-231.
Brad R Roth, Bending the Law, Breaking the law or developing it: The US and the humanitarian use of
force in the post-Cold War Era, in Michael Byers and George Nolte (eds.) US Hegemony and the
Foundations of International Law (Cambridge: Cambridge University Press, 2003), 232-263.
James Sloan, The Militarizing of Peacekeeping in the Twenty-First Century (Oxford: Hart, 2011).
Jared Genser (ed.) The Responsibility to Protect (Oxford and New York, Oxford University Press
2012).
Richard Falk, Iraq, the United States, and International Law: Beyond the Sanctions, in Tareq Y. Ismael
and William W. Haddad (Eds.) Iraq: The Human Costs of History (London and Sterling: Pluto Press,
2004), 16-33.
22
Oscar Schachter, United Nations and the Gulf Conflict, American Journal of International Law, Vol. 82
(1991), 452-473.
Burns H. Weston, Security Council 678 and the Persian Gulf Decision-Making: Precarious Legitimacy,
Amir Majid, Is the Security Council working? Desert Storm Critically Examined, African Journal of
International and Comparative Law, Vol. 4 (1992), 984.
Thomas Frank and Fazia Patel, UN Police Action in Lieu of War: The Old Order Changeth,
A Marco Turk, The Negotiation Culture of Lengthy Peace Processes: Cyprus as an Example, Loyola of
Los Angeles International and Comparative Law Review, Vol. 31, No. 3 (2009), 327-463.
Ole Spiermann, Twentieth Century Internationalism in Law, European Journal of International Law,
Vol.18, No. 5 (2007), 785-814.
John Strawson, The Kuwait Crisis: Self-Determination and Self-Defence in the New Global Order,
School of Law Research Papers: University of East London, 1992.
Week 7
Lecture 7, Constraints when using force the law of war.
Key Case: Legality of the Threat or the Use of Nuclear Weapons, Advisory Opinion, ICJ Reports,
1996, p. 226.
Leila Nadya Sadat, Crimes Against Humanity in the Modern Age, American Journal of International
Law, Vol. 107, No.2 (2013), 334 277.
David W Lovell and Igor Primoratz (eds.) Protracting Civilians during Violent Conflict (Aldershot and
Burlington: Ashgate, 2012).
Christopher Greenwood, The Law of War in Malcolm D. Evans (ed.) International Law (Oxford:
Oxford University Press, 2003), 757-788.
Sean Watts, Reciprocity and the Law of War, Harvard International Law Journal, Vol. 50, No. 2 (2009),
365-434.
Katherine Del Mar, The Requirement of Belonging under International Humanitarian Law, European
Journal of International Law, Vol. 21, no. 1 (2010), 105-124.
John B Bellinger III and Vijay M Padmanabhan, Detention Operations in Contemporary Conflicts:
Four Challenges to the Geneva Conventions and Other Exiting Law, American Journal of International
Law, Vol. 105, No 2 (2011), 201-243.
Stephen R Ratner, Law Promotion Beyond Law Talk: The Red Cross and Presenting the Laws of War,
European Journal of International Law, Vol. 22, No. 2 (2011), 459-506.
Frederic Megret, From Savages to unlawful combatants: a postcolonial look at international
humanitarian laws other, in Anne Orford (ed.) International Law and its Others (Cambridge:
Cambridge University Press, 2006), 265-317.
Sandesh Sivakumaran, Binding Armed Opposition Groups, International and Comparative Law
Quarterly, Vol. 55, No. 2 (2006), 369-394.
23
Leslie Green, The Contemporary Law of Armed Conflict (New York, Oxford: Juris; Manchester:
Manchester University Press, 2008).
Dieter Fleck, The Handbook of Humanitarian Law in Armed Conflict (Oxford University Press, 1999).
Geoffrey Best, Law and War since 1945 (Oxford: Clarendon Press, 1994).
Judith Gardam (Ed.) Humanitarian Law (Aldershot and Burlington: Ashgate 1999).
Kama Nabulsi, Tradition of War (Oxford: Oxford University Press, 1999).
Michael Howard, George Andreopoulos, Mark Sherman, The Laws of War (New Haven: Yale
Kenneth Watkin, Controlling the Use of Force: A Role for Human Rights in Contemporary Armed
Conflict, American Journal of International Law, Vol. 98 No. 1 (2004), 1-34.
Hilaire McCoubrey and Nigel White, International Law and Armed Conflict (Dartmouth, 1992).
Helen Durham and Timothy McCormack, The Changing Face of Armed Conflict on the efficiency
f International Humanitarian Law (The Hague and Boston: Kluwer Law International, 1999).
Virginia Morris and Michael Scharf, An Insiders Guide to the International Criminal Tribunal on the
Former Yugoslavia (Ardsley NY: Transnational Publishers, 1995) 2 Vols.
Virginia Morris and Michael Scharf, The International Criminal Tribunal on Rwanda (Ardsley NY:
Transnational Publishers, 1998), 2 vols.
Judith Gardam, Women and the Law of Armed Conflict: Why the silence, International and
Comparative Law Quarterly, Vol. 46 (1997) 55-80.
Michael J Matheson, The Opinions of the International Court of Justice on the threat or use of nuclear
weapons, American Journal of international Law, Vol. 91 (1997), 417-435.
Burrus M Carnahan, Lincoln, Lieber and the Laws of War: The origins and Limits on the principle of
military necessity, American Journal of International Law, Vol. 92 (1998), 213-231.
George Aldrich and Christine Chinkin, Symposium: The Hague Peace Conferences, American Journal
of International Law, Vol. 94 (2000) 1-98.
Theodor Meron, The humanization of Humanitarian Law, American Journal of International Law, Vol.
94 (2000), 239-278.
Philip Piccigallo, The Japanese on Trial (Austin: University of Texas Press, 1979).
BVA Rolling and Antonio Cassese, The Tokyo Trial and Beyond (Britstol: Polity Press, 1993).
Yoram Dinstein and Mala Tabory, War Crimes in International Law (Dordrecht: Martinus Nijhoff,
1996).
Michael Manns, The Nuremberg War Crimes Trial 1945-6 (Bedford: St Martins, 1997).
George Ginsburgs and VN Kudriavtsev, The Nuremberg Trial in International Law (Dordrecht:
Martinus Nijhoff, 1990).
Roger Clark and Madeleine Sann, The Prosecution of International Crimes (Ardsley NY: Transaction
Publishers, 1996)
John Jones, The Practice of the International Criminal Tribunals for the Former Yugoslavia and
Rwanda (Ardsley NY:Transnational Publishers, 1998).
24
Geert Knoops, Defences in Contemporary International Criminal Law (Ardsley NY: Transnational
Publishing, 2001).
William Schabas, Introduction to the International Criminal Court (Cambridge: Cambridge University
Press, 2007).
Week 8
Lecture 8, Terrorism and Terrorist threats to international society.

Key Texts:
AVP Rogers and Dominic McGoldrick, Assassination and Targeted Killing the Killing of Osama bin
Laden, International and Comparative Law Quarterly, Vol. 60, Issue 3 (2011), 778-788.
Elizabeth Stubbins Bates, Terrorism and International Law: accountability, remedies and reform
(Oxford and New York: Oxford University Press, 2011).
Ben Saul, Terrorism (Oxford: Hart, 2012)
Ben Saul, Defining Terrorism in International Law (Oxford: Oxford University Press, 2006).
Louise Doswald-Beck, Human Rights in Times of Conflict and Terrorism (Oxford: Oxford University
Press, 2011).
Rachel E Utely (ed.) 9/11: Ten Years After (Aldershot and Burlington: Ashgate, 2012).
Jeremy Wardon, Torture, Terror and Trade Offs (Oxford and New York: Oxford University Press,
2012)
Andrea Bainchi, Enforcing International Law Norms Against Terrorism (Oxford: Hart 2004).
Pablo Antonio Fernandez Sanchez, International Legal Dimension of Terrorism (Leiden: Brill, 2009).
Robert P Barnbridge, Non-State Actors and Terrorism: Applying the Law of State Responsibility and
the Due Diligence Principle (Cambridge: Cambridge University Press, 2008).
Tal Becker, Terrorism and the State: Rethinking the Rules of State Responsibility (Oxford: Hart, 2006).
James Cooper-Hill, The Law of Sovereign Immunity and Terrorism (Dobbs Ferry NY: Oceana, 2006).
Helen Duffy, The War on terror and the Framework of International Law (Cambridge University
Press, 2005).
Christopher Joyner and Alexander Ian Parkhouse, Nuclear Terrorism in a Globalizing World: Assessing
the threats and the emerging regime, Stanford Journal of International Law, Vol. 45, No. 2 (2009),
2003-241.
James P Sterba, Terrorism and International Justice (Oxford: Oxford University Press, 2003).
Michael Byers, Terrorism, the Use of Force and International Law after September 11, International
and Comparative Law Quarterly, Vol. 51 (2002), 401-421.
25
Upendra Baxi, Operation Enduring Freedom: Towards a New International Law and Order? In Antony
Anghie, Bhupinder Chimni, Karin Micherson and Obiola Okfar (eds.), The Third World and
International Order: Law, Politics and Globalization (Leden and Boston: Martinus Nijhoff, 2003), 3146.
Tom J. Farer, Beyond the Charter Frame: Unilateralism or Condominium? American Journal of
International Law, Vol. 96, No. 2. (2002), 359-364.
Gilbert Guillaume, Terrorism and International Law, International and Comparative Law Quarterly,
Vol. 53, Part 3 (2004), 537-543.
Jordan J Paust, Executive Plans and Authorizations to Violate International Law concerning treatment
and interrogation of Detainees, Colombia Journal of Transnational Law, Vol. 43, No. 1 (2005), 763810.
Jordan J Paust, Beyond the Law: The Bush Administrations Unlawful Responses to the War on
Terror (Cambridge: Cambridge University Press, 2007).
Thomas M Franck, Criminal Combatants or what? An Examination of the Role of Law in responding to
the Threat of Terror, American Journal of International Law, Vol. 98, No. 4 (2004), 686-688
Richard B. Bilder and Detlev F Vagts, Speaking Law to Power: Lawyers and Torture, American Journal
of International Law, Vol. 98, No. 4 (2004), 689-695.
David J. Scheffer, Review Essay: Delusions about Leadership, Terrorism and War, American Journal of
David Kretzmer, Targeted Killings of Suspected Terrorists: Extra-Judicial Killing or a Legitimate
means of Defence? European Journal of International Law Vol. 16, No 2 (2005), 212-237.
Richard Falk, The Great Terror War (Olive Branch Press, 2003).
Paul C Szasz, The Security Council Starts Legislating, American Journal of International Law, Vol. 96,
No. 4 (2002), 901-905.
Steven R. Ratner, Jus ad Bellum and Jus in Bello after September 11, American Journal of International
Law, Vol. 9, no. 4 (2002), 905-921.
Antonio Cassese, Terrorism is also disrupting some crucial categories of international Law, European
Journal of International Law, Vol. 12, No 4 (2001), 993- 1013.
Eric Rosand, The Security Councils Efforts to Monitor the Implementation of Al Qaeda/Taliban
Sanctions, American Journal of International Law, Vol. 98, No. 4 (2004), 745-763.
Seyyed Nadeem Kazmi, Islamic responses to Terrorism, Yearbook of Islamic and Middle East Law,
Vol. 8 (2001-2002), 3-15.
Alfred Rubin, Legal responses to Terror: An International Criminal Court, Harvard International Law
Review, Vol. 43 No 1 (2002), 65-70.
Paul Eden, September 11 2001: A Turning Point in International or Domestic Law? (New York:
Transnational Publishers, 2004).
Michael Ignatieff, The Lesser Evil: Political Ethics in an Age of Terror (Princeton: Princeton University
Press, 2004).
David Meltzer, Al Qaida: Terrorists or Irregulars? in Strawson (ed.) Law after Ground Zero, 91 89.
26
Keith Hayward and Wayne Morrison, Locating Ground Zero: Caught between the Narratives of
Crime and War, in John Strawson (ed.) Law After Ground Zero (London, Sydney Portland: GlassHouse
Press, 2002), 139-157.
Dominic McGoldrick, From 9-11 to the Iraq War 2003 (Oxford and Portland: Hart Publishing 2004),
chapters 2, 3 and 7.
W. Michael Reisman, Assessing Claims to Revise the Laws of War, American Journal of International
Law, Vol. 97, No. 1 (2003), 82-90.
Helen Duffy, The War on Terror and the Framework of International Law (Cambridge: Cambridge
Ved Nanda (ed.) law and the War on Terrorism (Ardesley: Transnational Publications, 2005).
Tom Lansford, All for One: NATOs response to the Terrorist Attack on the United States (Aldershot:
Ashgate, 2002).
Jason Callen, Unlawful Combatants and the Geneva Conventions, Virginia Journal of International
Law, Vol. 44 (2004), 1025-1063. (via Westlaw or Lexis)
Derek Jinks, The Decline in Significance of the POW Status, Harvard International Law Journal, Vol.
45 (2004), 367 443.
Johan Steyn, Guantanamo Bay: The Legal Black Hole, International and Comparative Law Quarterly,
Vol. 53, Part 1 (2004), 1-15.
Secretary General Condemns Terrorist Attacks on the United States UN SG/SM/7948 (September 11
2001).
Security
Council
Resolutions
1368
(2001),
http://www.un.org/Docs/scres/2001/sc2001.htm
1441 (2002) http://www.un.org/Docs/scres/2002/sc2002.htm
1373
(2001),
1377
(2001),
Week 9,
Lecture 9, Democratic Entitlement and Human Rights in International LawRosalyn Higgins, Problems and Process: International Law and How We Use It, (Oxford: Clarendon,
1994), chapter 6 and chapter 10.
Thomas Franck, The emerging Right to Democratic Governance, American Journal of International
Law, Vol. 86 (1992), 46-91.
Richard Burchill, Democracy and International Law (Aldershot: Ashgate, 2006).
Susan Marks, The Riddle of All Constitutions: International Law, Democracy and the Critique of
Ideology (Oxford: Oxford University Press, 2000).
Gregory H Fox and Brad R Roth, Democratic Governance and International Law (Cambridge:
Steven Wheatly, Democracy, Minorities and International Law (Cambridge: Cambridge University
Press, 2005).
Kate Parlett, The individual in the International Legal System (Cambridge; Cambridge University
Press, 2011).
27
Anne Smith, Internationalisation and Constitutional Borrowing in Drafting Bills of Rights,

International and Comparative Law Quarterly, Vol. 60, Issue 4 (2011), 867-893.
James Spigleman, The Forgotten Freedom: the Freedom from Fear, International and Comparative Law
Quarterly, Vol. 59, Issue 3, (2010), 543-570.
Ralph Wilde, International Territorial Administration: How Trusteeship and Civilizing Mission Never
Went Away ( Oxford: Oxford University Press, 2008).
Bill Bowring, The Degradation of the International Order: The Rehabilitation of Law and the
Possibility of Politics (London: Routledge-Cavendish, 2008), chapters 6, 7 and 8.
John H Knox, Horizontal Human Rights Law, American Journal of International Law, Vol. 102, No. 1
(2008), 1-47.
Eyal Benvenisti, Reclaiming Democracy: The Strategic Uses of Foreign and International Law by
National Courts, American Journal of International Law, Vol. 102, No. 2 (2008), 241-274.
Secretary-General of the United Nations, In Larger Freedom, Towards Security, Development and
Human Rights for All at http://www.un.org/largerfreedom/
Costas Douzinas, The End of Human Rights (Oxford: Hart, 2000) especially chapters 1, 13 and 14.
Stephen C Schlesinger, Act of Creation: The Founding of the United Nations (Oxford and Boulder:
Westview Press, 2005).
Sundhya Pahuja, This is the World: Have Faith Shelly Wright, International Human Rights,
decolonization and Globalization: Becoming Human, European Journal of International Law, European
Journal of International Law, Vol. 15 No. 2 (2004), 381-394.
Michael J. Perry, Are Human Rights Universal? The relativist challenge and related matters, Human
Rights Quarterly, Vol. 19, No. 3 (1997), 461-509.
Dominic M Ayine, Ballots or Bullets? Compliance with the rules and norms providing for the right of
democratic governance: An African Perspective, African Journal of International and Comparative
Law, Vol. 10 Pt4 (1998), 704-733.
Obiola Chinelu Olafu, Global Process of legitimation and the legitimacy of Global Governance,
African Journal of International and Comparative Law, Vol. 10. Pt.2 (1998), 250-270.
Tiyanjana Malwua, Discourses on Democracy and Human Rights in Africa, African Journal of
International and Comparative Law, Vol. 9, Pt 1 (1997), 55-71.
Dermott J Divine, The Relationship between international law and municipal law in the light of the
Interim South African constitution, International and Comparative Law Quarterly, Vol. 44 (1995), 1.
Eyal Benvenisti, The influence of international human rights law on the Israeli legal system: present
and future, Israel Law Review, Vol. 28 No. 1 (1994), 136.
Arvonne S Frazer, Becoming Human: The origin and development of Womens Human Rights, Human
Rights Quarterly, Vol. 21, No. 3 (1999), 854-906.
Donna J Sullivan, Womens Human Rights in 1993 World Conference on Human Rights, American
Journal of International Law Vol. 88 (1994) 152-167.
Henry J Richardson II, The Gulf Crisis and American African Interests under International Law,
American Journal of International Law Vol.87 (1993), 42-82.
28
Week 10
Research Workshop 4, International Legal Writing
Lecture 10, The boundaries of International Law
Mary Ellen OConnell, The Power and Purpose of International Law: Insights from Theory and
Practice (Oxford: Oxford University Press, 2008).
Richard Falk, Balakrishnan Rajogopal, Jacqueline Stevens, International Law and the Third World:
Reshaping Justice (London: Routldege, 2008).
Julian Ku and John Yoo, Taming Globalization (Oxford and New York: Oxford University Press,
2012).
Richard Falk, The Costs of War: International Law, the United Nations and World Order after Iraq
(London: Routledge, 2008).
Shabtai Rossenne, The Perplexities of Modern International Law (Leiden and Boston: Martinus
Nijhoff, 2004).
Mathew Craven, M Fitzmaurice and Maria Vogiatzi, Time, History and International Law (Leiden and
Boston: Martinus Nijhoff, 2007).
Antony Anghie, The Third World and International Order: Law, Politics and Globalization (New York:
Kluwer Law International, 2003).
Oriol Casanovas, Unity and Pluralism in Public International Law (The Hague and London: Martinus
Nijhoff, 2001).
Chrsitain S Tams, Enforcing Obligations Erga Omnes in International Law (Cambridge: Cambridge
Doris Buss and Ambreena Manji, International Law: Feminist Approaches (Oxford: Hart, 2003).
Martti Koskenniemi, The Gentle Civilizer of Nations: The Rise and Fall of International Law
1870-1960 (Cambridge: Cambridge University Press, 2001).
Anthony Carty, Marxism and International Law: Perspectives for the American (21st) Century, in
Susan Marlks (ed) International Law and the Left (Cambridge: Cambridge University Press, 2008).
Ole Spiermann, Twentieth Century Internationalism in Law, European Journal of International Law,
Vol. 18, No 5 (2007), 785-814.
Peter Fitzpatrick, Modernism and the Grounds of Law (Cambridge: Cambridge University Press,
2001) chapter 4.
Antony Anghie, Francisco de Vitoria and the Colonial Origins of International Law in Eve DarianSmith and Peter Fitzpatrick (Eds.) Laws of the Postcolonial (Ann Arbor: University of Michigan
Press, 1999) 89-107.
Antony Anghie, Finding the Peripheries: Sovereignty and Colonialism in Nineteenth Century
International Law, Harvard International Law Journal Vol. 40, No. 1 (1999) 1-80.
Martti Koskenniemi, What is International Law For? In Malcolm D. Evans (ed.) International
Law (Oxford: Oxford University Press, 2003) 89-114.
29
Stephen C. Neff, A Short History of International Law, in Malcolm D. Evans (ed.), International
Law (Oxford: Oxford University Press, 2003), 31-58.
Philip Allott, The Concept of International Law, European Journal of International Law Vol. 10,
No. 1 (1999), 31-51.
Jonathan Charney, Universal International Law, American Journal of International Law Vol. 87
(1993), 529-551.
30

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