UNIVERSITY OF SAN CARLOS (USC)

SCHOOL OF LAW & GOVERNANCE

COLLEGE OF LAW
Cebu City

COURSE OUTLINE and SYLLABUS in

PUBLIC INTERNATIONAL LAW1

(2017 Edition)

By: Daryl Bretch M. Largo, AB Posc, LLB, LLM

Course No. : LLB 230

Course Title : Public International Law (PIL)
Credit : 3 units (3 lecture hours per week)
References : Peter Malanczuk: “Akehurst’s Modern
Introduction to International Law”, Routledge
[London], 7th Revised Edition (2004);

Malcolm N. Shaw: “International Law”

Cambridge University Press (2008 or 2014 Edition)

Cases and Materials : LexisNexis [www.lexisnexis.com]

CD Asia Online
SCRA and Philippine Reports

Consultation Hours : TBA

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1
This Outline is primarily based on the following works: Peter Malanczuk: “Akehurst’s Modern
Introduction to International Law, Routledge [London], 7th Revised Edition (2004); Malcolm N. Shaw:
“International Law”, Cambridge University Press (Sixth [2008]/Seventh [2014] Edition);; Malcolm D.
Evans: International Law [United States] Third Edition (2010 Oxford University Press, New York);
Steinerete & Wallace: “Nutcases: International Law”, Sweet and Maxwell Limited [London], First
Edition (2008); Damrosch, Henkin, Murphy and Smits: “International Law Cases and Materials”, West
Academic Publishing; American Casebook Series (2009); Cryer, Friman, Robinson, Wilmshurst: “An
Introduction to International Criminal Law and Procedure” Cambridge University Press (2007).
 2

COURSE DESCRIPTION
AND COURSE OBJECTIVE:

As a special course in Public Law, the subject aims to introduce the students to
the fundamental norms and principles of public international law that primarily govern
the relationship between and among States and other international persons. The study also
covers international conventions, treaties and other international agreements and
documents. They are also expected to acquire the skills in reading and analysing
international law cases decided by international tribunals (ICJ, ICC, etc.) and arbitral
awards, applying the legal principles and doctrines to given facts, and expressing them
orally and in writing.

In order to make public international law more relevant domestically, cases

decided by our Philippine Supreme Court are also included in most of the major topics
under the heading “Philippine Practice”. Here, the students will get to see how public
international law principles are also applied (or not applied) in our jurisdiction.

LEARNING ACTIVITIES:

The method of instruction is mainly Socratic, thus, case study, graded recitations,
problem-based approaches, and lectures will be employed. Selected reading materials
will also be given to enhance learning on certain important topics in public international
law. The following are the major learning tools and activities in the Course: (a) reading
assignments; (b) inter-active and graded class discussions; (c) interaction in various
study groups where students may freely share their ideas about certain lessons; and (d)
submission of academic papers, if any.

LEARNING OUTCOMES:

At the end of the course, the students are expected to demonstrate the following:

1. KNOWLEDGE in the core and foundational principles in public international

law.
2. THINKING AND ANALYTICAL SKILLS which include the skills to identify
and articulate legal issues, apply legal reasoning and research to generate appropriate
responses to legal issues; engage in critical analysis and make a reasoned choice amongst
alternatives; and think creatively in approaching legal issues and generating appropriate
responses.
3. RESEARCH SKILLS
4. ORAL AND WRITTEN COMMUNICATION SKILLS
5. ETHICS, PROFESSIONAL RESPONSIBILITY, AND WITNESS TO THE
WORD
At the end of the law program, the Carolinian law graduate is expected to be
Witness to the Word and to embody the following Graduate Attributes:

Scientia: A COMPETENT PROFESSIONAL

Critical thinker
Lifelong learner
Skilled researcher
Sound decision-maker
Innovative problem-solver
Effective and articulate communicator

Virtus: A VIRTUOUS EXEMPLAR

Incorruptible servant leader
 3

Ethical and values-driven practitioner

Devotio: A DEDICATED ADVOCATE

Committed peacemaker
Culture-sensitive patriot
Socially-engaged citizen
Passionate worker for the marginalized

EVALUATIVE MEASURES:

1. Two (2) major examinations and One (1) Class Activity in the Finals (75%)
2. Graded oral examinations and/or class standing (incl. short quizzes) (25%)

COURSE REQUIREMENTS:

1. Regular Attendance
2. Passing grades (70%) in Summative tests and academic papers and quizzes
3. Class Participation in Oral Examinations and discussion groups

FINAL GRADE COMPUTATION

Major Examinations - 75%

Graded Oral Exams, etc. - 25%
100%

Note: If there will be short quizzes, paper works, etc., the graded oral exam shall
always constitute 75% of the 25%. The mechanics for the oral exams will be
explained in the class.

RUBRIC FOR ESSAY QUESTIONS

Knowledge & Understanding of applicable or relevant law/precept - 30%

Ability to apply the law/precept to the facts/problem - 30%
Ability to spot or identify the legal and/or factual issue/s - 15%
Ability to present the answer in a logical and organized manner - 15%
Communication skill - 10%
100%

BASIC CLASSROOM POLICIES:

1. The students are strictly prohibited from reproducing this course material
without the written permission from the professor. This course outline is the
intellectual and academic property of the course professor.

2. Use of any recording device or system is prohibited. A student may not record
any part of the class by any means, and in exceptional cases that a student or
students is/are allowed to do so by written authorization, no student may copy or
download such recording to a computer or any device for distribution. All course
materials are for the student’s personal education and study.

3. Any violation of classroom policy shall be treated as violation of the

University policy on honesty as well as infringement of copyright laws.
 4

COURSE OUTLINE:

A. Introduction

Read:
-Chapters 1 & 2 (Akehurst)
-Chapters 1 & 2 (Shaw)

Meaning and Nature of International Law

-Section 101, Restatement (Third), American Law Institute of the Foreign
Relations Law of the United States
Historical Development of Public International Law
Characteristics of Public International law
Public International law as ‘binding law’
The scope of Public International law
Public International Law vs. Private International Law
Entities that create International law
Subjects of Public International law
-Reparation for Injuries Case (ICJ Advisory Opinion 1949)

B. Sources of International Law

Read:
-Chapter 3 (Akehurst)
-Chapter 3 (Shaw)
-Article 38 (1), Statute of the International Court of Justice (ICJ)
-Sections 102 & 103, Restatement (Third), American Law Institute of the Foreign
Relations Law of the United States

Formal” vs. “Material” sources of international law

Treaties
Law-making treaties and ‘contract treaties’
Parties to international treaties and ‘international contracts’
Custom
Evidence of customary law
The elements in the formation of customary law
Objective Element (State Practice)
Subjective or Mental Element (Opinio Juris Sive Necessitatis)
-The Paquete Habana Case, 175 U.S. 677
Cases:
-Nicaragua vs. USA, ICJ Report (1986)
-North Sea Continental Shelf Cases (Germany vs. Denmark & Germany vs.
Netherlands, ICJ Report, 1969)
-Continental Shelf Case (Libya vs. Malta, ICJ Report, 1985)
-Asylum Case (Columbia vs. Peru, ICJ Report, 1950)
-Anglo Norwegian Fisheries Case (UK vs. Norway, ICJ Report, 1951)
-Fisheries Jurisdiction Case (UK vs. Iceland, ICJ Report, 1973)
-Legality of the Threat or Use of Nuclear Weapons Case (ICJ Advisory Opinion,
1996)
-Lotus Case (France vs. Turkey, PCIJ Series A No. 1018, 1927)
Instant Customary International Law
-Terrorism
General principles of law
-South-West Africa Case, (2nd Phase, ICJ Report, 1966;
-Barcelona Traction Case (Belgium vs. Spain, 2nd Phase, ICJ Report, 1970)
Judicial decisions
-Article 59, Statute of the ICJ
Learned writers
Other possible sources of international law
Acts of international organization
 5

‘Soft’ law (vs. “Hard” law)

Equity vs. “ex aequo et bono”
-The River Meuse Case (Netherlands vs. Belgium, PCIJ Reports, 1937)
-Art. 38 (2), ICJ Statute (”Ex aequo et bono”)
Hierarchy of the Sources of international law
Jus cogens
-Art. 53, Convention on the Law of Treaties, 1969
Obligations erga omnes
Philippine Practice
-Sec. 2, Art. II, 1987 Constitution
-Kuroda vs. Jalandoni, 83 Phil. 171
-U.S.A. vs. Guinto, 182 SCRA 645
-Holy See vs. Rosario, 238 SCRA 524
-Reyes vs. Bagatsing, 125 SCRA 553

C. Treaties

Read:
-Chapter 9 (Akehurst)
-Chapter 16 (Shaw)
-1969 Vienna Convention on the Law of Treaties (VCLT) [Jan. 27, 1980]

Definition of Treaty
-South-West Africa cases (supra.)
-Anglo-Iranian Oil Co. case (ICJ Reports, 1952)
-Qatar vs. Bahrain (ICJ Reports, 1994, p. 112)
Parties to a Treaty
Application of VCLT
Conclusion and entry into force of treaties
Adoption of the text of a treaty
Consent to be bound by a treaty
Means of Expressing Consent to be bound by a treaty
Signature
Exchange of Instruments
Ratification
Accession
Other means of expressing consent to be bound
Entry into force
Reservations
-Reservations to the Genocide Convention Case (ICJ Advisory Opinion, 1951)
Registration
-Article 102, UN Charter
Application of treaties
Territorial scope of treaties
Treaties and third states
Application of successive treaties relating to the same subject matter
Interpretation of Treaties
Textualist Interpretation
Intent Theory of Interpretation
Teleological Interpretation
Evolutive Interpretation vs. Doctrine of Intertemporality
Supplementary means of Interpretation
Invalid Treaties
Provision of municipal law regarding competence to conclude treaties
Treaties entered into by person not authorized to represent a state
Specific restrictions on authority to express the consent of a state
Error
- Preah VihearTemple Case (Cambodia vs. Thailand, ICJ Reports, 1960)
Fraud
Coercion of a state by the threat or use of force
 6

Other causes of invalidity

The consequences of invalidity
Termination of Treaties
Termination in accordance with the provision of a treaty
Termination by consent of the parties
Implied right of denunciation or withdrawal
Termination or suspension of a treaty as a consequence of its Breach
-Advisory Opinion on Namibia (ICJ Reports 1971)
-Appeal Relating to the Jurisdiction of the ICAO Council (India v. Pakistan)(ICJ,
1972)
-Gabcikovo-Nagymaros Project (Hungary/Slovakia) (ICJ, 1997)
Supervening impossibility of performance
Fundamental change of circumstances (cf. Rebus Sic Stantibus)
-Fisheries Jurisdiction (United Kingdom v. Iceland)(ICJ, 1973)
-Gabcikovo-Nagymaros Project (Hungary/Slovakia) (ICJ, 1997)
Emergence of a new peremptory norm (Jus Cogens)
Outbreak of war
Consequences of termination or suspension
-Techt v. Hughes, 229 N. Y. 222
Philippine Practice
-Sec. 2, Art. II, 1987 Constitution
-Sec. 21, Art. VII, 1987 Constitution
-Sec. 5(2)(a), Art. VIII, 1987 Constitution
-Sec. 18(7), Art. XIII, 1987 Constitution
-Sec. 25, Art. XVIII, 1987 Constitution
-Executive Order No. 459 (1997)
-Tañada vs. Angara, G.R. No. 118295, May 2, 1997
-Pimentel vs. Romulo, G.R. No. 158088, July 6, 2005
-Reyes vs. Bagatsing, 125 SCRA 553
-La Chemise Lacoste vs. Fernandez, 129 SCRA 373
-Ichong vs. Hernandez, 101 Phil. 1156
-Bayan vs. Executive Secretary, G.R. No. 138570, October 10, 2000
-USAFFE Veterans Association vs. Treasurer of the Phils., 105 Phil. 1030
-Bayan Muna vs. Alberto Romulo, G.R. 159618, Feb. 1, 2011

D. International law and Municipal law

Read:
-Chapter 4 (Akehurst)
-Chapter 4 (Shaw)

Dualist and Monist theories

International law and Municipal law
Doctrine of Incorporation
Doctrine of Transformation
Soft and Hard Transformation
National legal systems & International law
Treaties
Custom and general principles
Public international law and private international law
Philippine Practice
-Sec. 2, Art. II, 1987 Constitution
-Philip Morris vs. Court of Appeals, GR 91332, July 16, 1993
-Sec. of Justice vs. Lantion, GR 139465, January 18, 2000
-Govt of USA vs. Purganan, GR 148571, Dec. 17, 2002
-Govt of Hongkong vs. Olalia, Jr., G.R. No. 153675, April 19, 2007
-Gonzales vs. Hechanova, 9 SCRA 230
-Cathay Pacific Airways vs. Court of Appeals, 219 SCRA 520
-Ichong vs. Hernandez, supra.
 7

E. States and Governments

Read:
- Chapter 5 (Akehurst)
- Chapter 5 (Shaw)

State
-Art. 1, 1933 Montevideo Convention on the Rights and Duties of States
Defined territory
-Island of Palmas Case (Netherlands vs. US, Arbitrator Max Huber of PCIJ,
1928) on “Territorial Sovereignty”;
-See again North Sea Continental Shelf Cases
Population
Effective control by a government
Capacity to enter into relations with other states
- Art. 3, 1933 Montevideo Convention on the Rights and Duties of States
Self-determination, Secession and Recognition
- Reference re Secession of Quebec, [1998] 2 S.C.R. 217 (Opinion of the
Supreme Court of Canada)
- ICJ Advisory Opinion on the Unilateral Declaration of Independence in
respect of Kosovo (2010)
Federal state
Sui generis territorial and non-territorial entities
Governments
Recognition of states and governments in international law
Recognition of States
- Art. 1, 1933 Montevideo Convention on the Rights and Duties of States
- Kadic v. Karadzic, 70 F.3d 232 (2d Cir. 1995)
Legal effects of recognition in international law
Legal effects in domestic law
Effects of Recognition on Recognizing State
-Underhill vs. Hernandez, 168 U.S. 250
Recognition of Governments
Tobar or Wilson Doctrine
Stimson Doctrine
Estrada Doctrine
De jure and de facto recognition
-Tinoco Claims Arbitration (Great Britain v. Costa Rica) [1923] [William H.
Taft, Arbitrator]
Philippine Practice
-Co Kim Cham vs. Valdez Tan Keh, 75 Phil. 113
-Lawyers League for a Better Philippines v. Pres. Aquino, GR Nos.
73748, 73972, 73990, May 22, 1986
-In Re Saturnino Bermudez, GR No. 76180, October 24, 1986

F. International Organizations, Individuals, Companies and Groups

Read:
-Chapter 6 (Akehurst)

International organization
Non-governmental organizations (NGOs)
Individuals and companies
Insurgents and national liberation movements
Ethnic minorities and indigenous peoples
Minorities
Indigenous peoples
 8

G. Jurisdiction

Read:
-Chapter 7 (Akehurst)
-Chapter 12 (Shaw)

Forms of jurisdiction
-Nottebohm Case (Liechtenstein vs. Guatemala, ICJ,1955)
Jurisdiction of national courts
Territorial principle
-United States v. Vasquez-Velasco, 471 F.2d 294 (1972)
-Hartford Fire Insurance Co. v. California, 509 US 764 (1993)
Nationality principle
- United States v. Columba-Collela, 604 F.2d 356 (5th Cir. 1979)
Protective principle
-United States v. Bowman, 260 US 94, (1922)
-United States v. Romero-Galue, 757 F.2d 1147 (11th Cir. 1985)
Universality principle
-Eichmann Case (Attorney General of Government of Israel vs. Eichmann [ICJ,
1961])
Universal jurisdiction of national courts over crimes against human rights
-‘Ivan the Terrible’ – The trial of John Demjanjuk
-United States v. Osama Bin Laden, 92 F. Supp. 2d 189 (S.D.N.Y. 2000)
Conflicts of jurisdiction
Extradition
Distinguished from Deportation
Purposes of Extradition
Characteristics of Extradition
Conditions for Extradition
Double or Dual Criminality Principle/Clause
Attentat Clause
Rule of Specialty
-Wilson v. Girard, 354 U.S. 524 (1957)
-United States v. Alvarez-Machain, 504 U.S. 655 (1992)
Philippine Practice
-P.D. No. 1069 [Philippine Extradition Law]
-Govt of Hongkong vs. Olalia, Jr., G.R. No. 153675, April 19, 2007
Legality of Abduction of criminals in foreign territory
-Eichmann Case (Attorney General of Government of Israel vs. Eichmann [ICJ,
1961])
-Ker-Frisbie Doctrine
-Ker vs. Illinois, 119 U.S. 436 (1886)
-Frisbie vs. Collins, 342 U.S. 519 (1952)
-United States v. Alvarez-Machain, 504 U.S. 655 (1992)

H. Immunity From Jurisdiction

Read:
-Chapter 8 (Akehurst)
-Chapter 13 (Shaw)

Sovereign (or state) Immunity

- Verlinden B.V. v. Central Bank of Nigeria, 461 US 480 (1983)
-The Jones vs. Ministry of Interior of Saudi Arabia case (House of Lords of UK
[2006])
-Argentine Republic v. Amerada Hess Shipping Corp., 488 US 428 (1989)
-Saudi Arabia v. Nelson, 507 US 349 (1993)
Immunity of Head of State
-United States v. Noriega, 117 F.3d 1206 (11th Cir. 1997)
-The Pinochet case (In re: Pinochet, House of Lords of UK [2001])
 9

The Act of State Doctrine

-Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398 (1964)
-Underhill v. Hernandez, 168 US 250 (1897)
-First National City Bank v. Banco Nacional de Cuba, 406 US 759 (1972)
-W.S. Kirkpatrick & Co. v. Environmental Tectonics Corp., 493 US 400 (1990)
-Alfred Dunhill of London, Inc. v. Republic of Cuba, 425 US 682 (1976)
Diplomatic Immunity
-Vienna Convention on Diplomatic Relations (VCDR)
-Convention on Special Missions
-Convention for the Prevention and Punishment of Crimes Against Internationally
Protected Persons Including Diplomatic Agents
Immunity from the jurisdiction of courts
Immunity ratione materiae
Immunity ratione personae
-Belgium v. Congo, International Court of Justice case (2002); Arrest
Warrant of 11 April 2000 (Democratic Republic of the Congo v.
Belgium, 2002)
Other privileges and immunities
Consular immunity
-Vienna Convention on Consular Relations (VCCR)
Immunities of international organization
Waiver of immunity
Philippine Practice
-USA vs. Ruiz, 136 SCRA 487
-Holy See vs. Rosario, 238 SCRA 524
-Shauf vs. Court of Appeals, 191 SCRA 713
-US vs. Reyes, 219 SCRA 192
-WHO vs. Aquino, G.R. L-35131, November 29, 1972
-Minucher vs. Court of Appeals, 397 SCRA 244 (2003)
-Liang vs. People, G.R. No. 125865, January 28, 2000
-Republic of Indonesia vs. Vinzon, G.R. No. 154705, June 26, 2003

I. State Responsibility

Read:
-Chapter 17 (Akehurst)
-Chapter 14 (Shaw)
-2001 International Law Commission (ILC) Commentaries on the Draft Articles
on State Responsibility for Internationally Wrongful Acts [ASRIWA]

The work of the International law Commission

State responsibility and the treatment of aliens
‘Imputability’
-Youmans Claim (U.S. vs. Mexico, General Claims Commission, 1926)
-Tehran Hostages Case (United States vs. Iran, ICJ 1980)
-Nicaragua vs. US (supra.)
-Prosecutor v. Tadic [case before the International Criminal Tribunal for the
former Yugoslavia (ICTY), 1999]
The minimum international standard
Preliminary objections
-Nottebohm and Barcelona Traction cases
-Interhandel Case (Switzerland vs. U.S., ICJ Report, 1959)
Nationality of claims
Exhaustion of local remedies
Waiver
Unreasonable delay and improper behavior by the injured
Alien
Consequences of an internationally wrongful act
Counter measures and dispute settlement
 10

J. Acquisition of Territory

Read:
-Chapter 10 (Akehurst)
-Chapter 10 (Shaw)
-Island of Palmas case

Modes of acquisition of territory

Cession
Occupation
Prescription
Operation of nature
Adjudication
Conquest
Acquiescence, recognition and estoppel
Intertemporal law
Minor rights over territory
Servitudes

K. Legal Effects of Changes of Sovereignty over Territory (State Succession)

Read:
-Chapter 11 (Akehurst)
-Chapter 17 (Shaw)

Treaties
Treaties dealing with rights over territory
Other types of treaties
The principle of ‘moving treaty boundaries’
Decolonization and new/emerging states
Recent practice
Secession
Dismemberment
Unification
International claims
Nationality
Public property
Private property
Contractual rights
Boundaries
Principle of “uti possidetis juris”
-Frontier Dispute Case (Burkina Faso/Mali) [ICJ, 1986]

L. The Law of the Sea

Read:
-Chapter 12 (Akehurst)
-Chapter 11 (Shaw)
-1982 United Nations Convention on the Law of the Sea (UNCLOS) III
-Philippine Government vs. Peoples Republic of China, Permanent Court of
Arbitration (July, 2016)

Internal Waters (vs. Archipelagic Waters)

Territorial Sea
The right of innocent passage
Rights of the coastal state over the territorial sea
The width of territorial sea
The line from which the territorial sea is measured
The Contiguous Zone
Exclusive Fishery Zones and Exclusive Economic Zones
 11

The High Seas

Interference with ships on the high sea
Jurisdiction of municipal courts over crimes committed on the high seas
- Lotus case (supra.)
-Art. 11 (1) of the 1958 Geneva Convention on the High Seas
The continental shelf
Maritime boundaries
-North Sea Continental Shelf Case (supra.)
Philippine Practice
-Art. I, 1987 Constitution
-RA 9522 (Baseline Law)
-Magallona, et al vs Ermita, et al., GR No. 187167, August 16, 2011
-P.D. 1599

M. Air Space and Outer Space

Read:
-Chapter 13 (Akehurst)

Air space
Outer space
The “Common Heritage of Mankind” principle

N. International Human Rights Law

Read:
-Chapter 14 (Akehurst)
-Chapters 6 & 7 (Shaw)

The concept of Human Rights

Human rights on the universal level
The United Nations Charter
-Article 55
-The Universal Declaration of Human Rights (UDHR)
The 1966 Covenants
-International Covenant on Civil & Political Rights (ICCPR)
-International Covenant on Economic, Social & Cultural Rights (ICESCR)
Other human rights instruments on the universal level
Human rights on the regional level
The European Convention for the Protection of Human Rights and
Fundamental Freedoms
Other regional instruments
Human rights as a matter of international concern

O. Environment

Read:
-Chapter 16 (Akehurst)
-Chapter 15 (Shaw)
-1972 Stockholm Conference
-Rio Declaration on Environment and Development
-Trail Smelter Case (US vs. Canada Arbitration)
-Gabcikovo-Nagymaros Project (Hungary/Slovakia) (ICJ, 1997)

The scope and nature of International Environmental Law

Customary law and general principles
Basic Principles
Principle of State Responsibility
-Principle 21, Stockholm Declaration
Principle of Intra and Inter-Generational Equity
 12

-Principle 3, Rio Declaration

Common But Differentiated Principle (CBDR)
-Principle 7, Rio Declaration
Conservation of Resources
-Principle 8, Rio Declaration
Integration Principle
-Principle 4, Rio Declaration
Precautionary Principle
-Principle 15, Rio Declaration
Polluter Pays Principle
-Principle 16, Rio Declaration
The United Nations Conference on Environment and Development
The Convention on Climate Change
CITES
The Biodiversity Convention
The Rio Declaration and Agenda 21
Climate Change Regime
United Nations Framework Convention on Climate Change (UNFCCC)
Kyoto Protocol

P. Peaceful Settlement of Disputes Between States

Read:
-Chapter 18 (Akehurst)
-Chapter 18 (Shaw)
-Statute of the International Court of Justice (ICJ)
-Chapter 19 (Shaw)

Diplomatic methods of dispute settlement

Negotiations
Good offices and mediation
Fact-finding and injury
Conciliation
Legal methods of dispute settlement
Adjudication
The International Court of Justice
Composition
Jurisdiction in contentious cases
-Case of Certain Norwegian Loans (France v. Norway)(ICJ, 1957)
-Armed Activities on the Territory of the Congo (Democratic Republic of
the Congo v. Rwanda) (ICJ, 2002)
-Military and Paramilitary Activities in and Against Nicaragua
[Nicaragua vs. USA, ICJ Report (1986)]
Procedure
Ad hoc chambers
Enforcement of Judgments
-Committee of US Citizens Living in Nicaragua v. Reagan, 859 F.2d 929
(1988)
Advisory Opinions
-Legality of the Threat or Use of Nuclear Weapons Case (ICJ Advisory
Opinion, 1996)
Evaluation of the Court
Arbitration
ICSID
The Iran-United States Claims Tribunal
-Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, 473 US 614 (1985)
- Parsons & Whittemore Overseas Co. v. Societe Generale de L’Industrie du
Papier (RAKTA), 508 F.2d 969 (2d Cir. 1974)
Settlement of disputes under the Law of the Sea Convention
-Philippines vs. China (October, 2015)
 13

Q. International wars, civil wars and the right to self-determination: Jus ad bellum

Read:
-Chapter 19 (Akehurst)
-Chapter 20 (Shaw)

Lawful and unlawful wars: developments before 1945

The prohibition of the use of force on the United Nations Charter
-Art. 2(4), UN Charter
-Corfu Channel Case (U.K. vs. Albania, ICJ Report, 1949)
-Nicaragua vs. U.S., supra.
-Legality of the Threat or Use of Nuclear Weapons Advisory Opinion, ICJ 1996)
Self-defense
-Caroline case, supra.
-Art. 51, UN Charter
Preventive self-defense
-Nicaragua vs. U.S., supra.
Self-defense and claims to territory
-1970 Gen. Assembly Friendly Relations Declaration
-Falkland Islands Case, supra.
Self-defense against attacks on ships and aircraft
-Corfu Channel Case, supra.
Armed protection of national abroad
Armed reprisals
Immediacy and proportionality
Collective self-defense
Civil wars
The legality of civil wars
Participation by others states: help for the insurgents
Participation by other states: help for the established authorities
The theory that help for the established authorities is legal
The theory that help for the established authorities is illegal
Collective self-defence against subversion
Conclusion
Self-determination and the use of force
Mandated territories, trust territories and non-self-governing

R. Means of Waging War and Criminal Responsibility: Jus in bello

Read:
-Chapter 20 (Akehurst)
-Chapter 21 (Shaw)
-The 1949 Geneva Conventions and Additional Protocols
-Chapter 8 (Shaw)

Lawful and unlawful means of waging war

Nuclear weapons
The law of neutrality and economic uses of maritime warfare
Reprisals
Rules governing the conduct of Civil Wars
War Crimes trials
Nuremberg Trial
Tokyo Trial
International Criminal Tribunal of the Former Yugoslavia (ICTY)
International Criminal Tribunal of Rwanda (ICTR)
The International Criminal Court (ICC)
-The Rome Statute (Articles 1-8, 25-33 only)
Jurisdiction and International Crimes
Genocide
 14

Crimes Against Humanity

War Crimes
Aggression
Principle of Complementarity
Principle of Legality
International Humanitarian Law (IHL)
Meaning & Scope
International Human Rights Law vs. International Humanitarian Law
Meaning and Types of Armed Conflict
Non-international or Internal Armed Conflict
International Armed Conflict
-Prosecutor vs. Limaj, ICTY-IT-03-66-T, Nov. 30, 2005
“State Border” Armed Conflict
War of National Liberation
Fundamental Principles in IHL
-Read: ICRC Commentaries on Basic Principles of IHL
Principle of Distinction
Civilians and Civilian objects
Military Objectives
Principle of Proportionality
Military Necessity
Methods of Warfare and Use of Weapons
- Legality of the Threat or Use of Nuclear Weapons Advisory
Opinion, ICJ 1996)
Principle of Precaution
Responsibility
Read: Chapter 8 (Shaw)
Individual
Joint Criminal Enterprise (JCE)
Command Responsibility
Superior Responsibility
-Prosecutor vs. Tadic, ICTY Judgment, Appeals Chamber, Oct. 2, 1995
-Prosecutor vs. Bagilishema, ICTR-95-1A-T, June 7, 2001
Philippine Practice
-Pimentel vs. Romulo, G.R. No. 158088, July 6, 2005

S. The Charter and the organs of the United Nations

Read:
-Chapter 21 (Akehurst)
-Chapter 22 (Shaw)

The United Nations Charter and Interpretation

Literal interpretation
Intention and travaux preparatoires
Membership
The organs of the United Nations
The Security Council
The General Assembly
The Secretariat
The Economic and Social Counsel and the specialized agencies

oOo