Public International Law Spring 2003
Syllabus, Reader and General Information
As of Janaury 24, 2004

PUBLIC INTERNATIONAL LAW
Professor David D. Caron
Course 261, Spring 2003
Monday & Wednesday, 11:15 to 12:30, Room 140

REQUIRED MATERIALS:

The basic reader is DAVID D. CARON, CASES & MATERIALS ON INTERNATIONAL LAW (in two volumes to allow for adaptation of the course materials, not because of length).
The accompanying text is PETER MALANCZUK's revised seventh edition of AKEHURST'S MODERN INTRODUCTION TO INTERNATIONAL LAW.
There is also a documentary supplement - IAN BROWNLIE, BASIC DOCUMENTS IN INTERNATIONAL LAW (5th ed., Oxford University Press, 2002).

OFFICE HOURS:

Office hours are by appointment. My office is Room 445 NA, appointments may be made with me at the end of class or with my secretary, Daphne Trowbridge Williams, in Room 444 at extension 643 7654. Please do not email for an appointment time.

PLEASE NOTE THE FOLLOWING POSSIBLE EXCEPTIONS TO THE SCHEDULED TIMES:

There are several classes which may require rescheduling. In particular, March 10th and 12th, and April 2nd may require rescheduling but it is not entirely clear yet. To preserve a rescheduling option, participants are asked to reserve the possibility of two sessions, both Fridays at 1PM to 2:15PM, on March 7th and April 11th.
Attendance is also asked for the meeting on multilateralism on January 22nd at 4PM in Booth Auditorium and is encouraged for a part of the BJIL Conference on February 29th.

SCHEDULE OF CLASSES FOR INTERNATIONAL LAW SPRING 2003

INTRODUCTION

January 22nd
Introduction to Course
Please read Chapters 1 and 2 of Malanczuk and Pages I-1 to I-3 of the Reader

January 22nd Meeting on "The United States and Multilateralism" at 4PM in Booth Auditorium

TOPIC 1: THE NATURE AND HISTORY OF INTERNATIONAL LAW

Chapter 1 of the Reader poses fundamental questions regarding international law that will be in the background of every discussion in the course. Is international law, law? If not, what is it? Are there degrees of law? If so, what are the dimensions along which the degrees of law-likeness are measured? What is the difference between law and politics? What is the relationship between law and power? What is the source of international law? What image of international relations does the foundation of international law reflect? Do any of the oft-mentioned changes of the modern world lead to a change in the foundation of international law? Are all questions in a dispute addressed by the law? That is, when may a judge say that the law does not have an answer to a question?
The three case extracts to be read introduce the development of international adjudication and the present day International Court of Justice, the difference between contentious and advisory proceedings, the concept of prescriptive jurisdiction, and aspects of the legal regime governing the oceans and activities thereon.
As part of Topic 1, please read Malanczuk, Chapters 1 and 2

January 27th
Reader, Chapter 1, The Lotus

January 29th
Reader, Chapter 1, Nuclear Tests Cases & Nuclear Weapons Advisory Opinion

TOPIC 2: THE NATURE AND STRUCTURE OF INTERNATIONAL ORGANIZATION

Chapter 2 of the reader provides an introduction to the field of international organizations ("IO"). What are IOs? Is an IO an instrument of the states that create it or does it somehow exist apart from them? Why do some organizations appear Aillegitimate?@ What does it mean to speak of organizational illegitimacy? To explore these questions, we focus particularly on the United Nations and the relationship between the Security Council and the International Court of Justice.
As part of Topic 2, please read Malanczuk, Chapter 21

February 3rd
Reader Chapter 2 Reparations Opinion

February 5th
A SUBSTANTIVE FOCUS ON THE USE OF FORCE
Please read Malanczuk, Chapters 19, 20 and 22

February 10th
Guest Lecturer: Professor Andrew Guzman
Discussion of his recent article, A Compliance-Based Theory of International Law, 90 CAL. L. REV. 1823 (2002) (to be circulated)

February 12th
Guest Lecturer: Professor Richard M. Buxbaum
Subject -- TBA

{There is no class on February 17th for President's Day.}

February 19th
Reader Chapter 2 Lockerbie Order and Tadic Decision

{Optional Event: February 21st -- Law of the Sea Institute Conference primarily addressing fisheries regulation. Absent a change of venue, space is very limited. Please let me know if this is a particular interest of yours.}

TOPIC 3: THE SOURCES OF INTERNATIONAL LAW

The materials in Chapter 1 of the Reader indicate that the dominant justification for international law is consent. The expressions of consent, implicitly in custom or expressly in treaties, are explored in Chapter 3. But is law merely the aggregate of a set of contracts? If custom is to be found in patterns of behavior thought to be legally required, how does one prove the existence of such a custom? If consent is the basis of law, is there any limit on what may be consented to and where did that limit come from? What is the source of human rights? If law can be expressed in custom and treaty, what is to be done if these two sources point in different directions?
As part of Topic 3, please read Malanczuk, Chapter 3 and 12

February 24th
Reader Chapter 3 The Paquette Habana and Nicaragua Case

February 26th
Reader Chapter 3 The Antelope and Roach Decision

{Special Event: February 29th Berkeley Journal of Int'l Law Conference, Details to Follow}

March 3rd
Reader Chapter 3 Norwegian Fisheries Case, N. Sea Continental Shelf Cases

March 5th
Reader Chapter 3 TOPCO and wrap up on sources

March 7th
Please reserve for possible make up class

{Class likely will not be held on March 10th and 12th (UNCC)}

TOPIC 4: AN INTRODUCTION TO THE LAW OF TREATIES AND THE LAW OF STATE RESPONSIBILITY

These two areas of law, Treaties and State Responsibility, are the basic substantive foundation of international law. In approaching these areas you are for treaties to read Malanczuk, Chapter 9 and study closely the Vienna Convention on the Law of Treaties in Brownlie at Part 7; and for state responsibility to read Malanczuk, Chapter 17 and study closely the ILC Articles on the Responsibility of States for Internationally Wrongful Acts in Brownlie at Part 8.

March 17th Treaties

March 19th Treaties

{Class will not be held on March 24th and 26th, Boalt Spring Recess}

The schedule to this point roughly takes us through the first volume of the Reader, the following schedule is subject to change but is included to provide you with an indication of the likely coverage for the remainder of the course.

TOPIC 5: THE APPLICATION OF INTERNATIONAL LAW IN INTERNATIONAL COURTS

As part of Topic 5, please read Malanczuk Chapter 18

March 31st Reader Chapter 4 Interhandel Case, Nuclear Test Cases, Nicaragua Case

April 2nd Reader Chapter 4 Interhandel Case, Nicaragua Case

April 7th Reader Chapter 4 El Salvador/Hond. Frontier Case, Nicaragua Case

April 9th Reader Chapter 4 East Timor Case [Add NAFTA Joinder?]

April 11th Reserved for possible make up class [State Responsibility]

TOPIC 6: THE APPLICATION OF, AND LIMITATIONS ON, INTERNATIONAL LAW IN MUNICIPAL COURTS

As part of Topic 6, please read Malanczuk, Chapter 4 and 8.2

April 14th Reader Chapter 5 Trendtex, Filartiga, In re Phillipines

April 16th Reader Chapter 5 Foster, Cook, Kupferberg, Affo, Cafes Vabres

April 21st Reader Chapter 5 Missouri, Reid, Committee of US Citizens

April 23rd Reader Chapter 6 Occidental, Sabbatino, Hunt, Kirkpatrick Liu

TOPIC 7: THE JURIDICAL NATURE OF THE STATE AND THE BENDING OF JURISDICTION

Reader Chapters 7, 8 and 9, Malanczuk Chapters 5, 10, 6 and 7, and 8

April 28th Reader Chapter 7 Sealand, San Marino, Goldberg

April 30th Reader Chapter 8 Rivard, Pizzarusso, Yunis

May 5th Reader Chapter 9 Schooner Exchange, Amerada Hess, Sidermans

May 6th