INTERNATIONAL LAW
W. B. Fisch, Fall 2008

Introductory Memorandum

Subject: "public international law", "law of nations" -- law governing relations among nation-states and international organizations, as distinguished (in our curriculum) from rules governing international activities of persons and enterprises ("international business transactions"). There are some overlaps, in that this course touches on human rights and on individual responsibility at the international level for international wrongs, while the IBT course typically includes special rules for state-owned enterprises; but the emphasis and most of the problems are different.

Coursebook -- Janis & Noyes, International Law (3d ed. 2006) – one of the most accessible, conveying the peculiar characteristics of the international legal system through leading cases, influential literature and current controversies, with relatively few textual notes. It has several of the most important major documents set forth as an appendix, and supplies other materials (treaties, statutes, etc.) as needed for particular cases.

Attendance: I do have an attendance policy, which sets the maximum number of absences – regardless of reason  – to 9.  If you are absent 10 times during the semester, you will be subject to dismissal from the course.

Literature: most important secondary sources:
 

  • ALI, Restatement (Revised) of Foreign Relations Law of the United States (1986, with annual pocket parts)
  • Aust, Anthony, Handbook of International Law (2005)
  • *Brownlie, Principles (5th ed. 1998)
  • Henkin, How Nations Behave (2d ed. 1979)
  • Henkin, International Law: Politics and Values (1995) (by the Chief Reporter for the Restatement, perspectives on the main issues in international law – initially delivered as the General Course on International Law at the (summer) Hague Academcy of International Law)
  • Janis, An Introduction to International Law (4th  ed. 2003) (concise overview for students) (5th edition is due out shortly)
  • Oppenheim, International Law, 9th ed. 1992 of vol. I (Peace) (in two parts) by Jennings and Watts
  • Rosenne, The World Court and How It Works (5th ed. 1995), now 6th ed by Gill, et al.(2003)
  • Rosenne, The Perplexities of Modern International Law (2004) – revised version of 2001 General Course on International Law at the Hague Academy, by the leading scholar of World Court practice
  • Shaw, International Law (5th ed. 2003)
  • von Glahn and Taulbee, Law Among Nations (8th ed. 2007)


Digests (US State Dept., principally of U.S. practice)
 

·      Hackworth's Digest of International Law (1940-44)

·     Whiteman (1963-73)

·     Nash, (Cumulative) Digest of United States Practice in International Law (1973- ):  Most recent volume published in 2006; our hard copy collection is spotty, and the best source for the last 10 years is on line at http://www.state.gov/s/l/c8183.htm

Journals:
  ·  American Journal of International Law (reduced rate student membership! -- ask me about this) quarterly, plus annual meeting proceedings; one of the sections is United States Practice, which is the continuation of the Nash digest mentioned above

·  International Legal Materials (bimonthly, published by ASIL)

·  International Lawyer (ABA Section of International Law)(quarterly, strongly practice-oriented with more emphasis on business law)

·  International and Comparative Law Quarterly (British)

·  various student-edited law school journals, which are multiplying every year:

·  Harvard

·  Virginia

·  Vanderbilt

·  Cornell

·  Duke, etc.

My e-mail address is fischw@missouri.edu. I would welcome any questions or comments you might wish to exchange over that medium, so I hope you will feel free to use it. Of course I would also be glad to talk with you face-to-face, but sometimes I am out of my office or otherwise hard to reach by the "live" methods, and I wouldn't want you to give up on that account.