INTERNATIONAL LAW
W.B. Fisch, Winter 2003
Tentative Assignments
Assignments are listed by number rather than date in case of scheduling
difficulties. Page references are to the coursebook, Janis & Noyes,
INTERNATIONAL LAW (2d ed. West 2001). There is no documentary supplement.
Four of the documents most frequently referred to in the book are set forth
(with deletions) in the book as an appendix: The U.S. Constitution, the
United Nations Charter, the Statute of the International Court of Justice,
and the Vienna Convention on the Law of Treaties. Other documents are set
forth in the text when needed; but I may hand out some supplementation
in the course of the semester.
Asst.# (click on the number for an outline of issues to
be discussed)
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(1)
Ch. 1) The Nature of International Law, pp. 1-19
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(2)
Ch. 2) Treaties
A. The Sources of International Law, pp.
20-22
B. A Treaty Sampler, pp. 22-49
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(3)
C. The Law of Treaties (refer to Vienna Convention, CB pp. 868 f.!)
Belilos and notes,
Floyd
and notes, pp. 49-70 (accession, reservations, interpretation)
-
(4)Hungary
v. Slovakia and notes, pp. 70-80 (termination and breach)
Eastern Greenland
and notes, pp. 81-86 (unwritten treaties, authority)
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(5)
Ch. 3) Custom and the Non-Consensual Sources of International Law
A. Customary International Law
Paquete Habana and
notes, pp. 87-97 (concept and development)
The Asylum Case and
notes, pp. 97-99 (application and regional custom)
-
(6)Lotus
and notes, pp. 100-112 (the first principle, and positivism)
Texaco-Libya and
notes, pp. 112-123 (status of UNGA resolutions, individuals, arbitrations,
etc.)
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(7)
B. General Principles of Law, pp. 123-132
C. Natural Law and Jus Cogens, pp.
133-148
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(8)
D. Equity, pp. 148-172
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(9)
Ch. 4) International Law and Municipal Law
A. Treaties in Municipal Law
[Basic principles: treaties
vis-ä-vis federal law, state law, & constitution] Foster &
Elam, Asakura,
Sei Fujii, Missouri
v. Holland, Whitney and notes, pp. 173-189
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(10)
[Executive Agreements & exclusive Presidential powers:]
Belmont,
Curtiss-Wright,
Dames
& Moore, and
notes, pp. 189-209
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(11)
[Interpretation, and state power:] Alvarez-Machain, Crosby
and notes, pp. 210-233
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(12)
B. Customary International Law in Municipal Law, pp. 233-242
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(13)
Ch. 5) International Dispute Settlement
A. Public International Arbitration, pp.
243-260
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(14)
B. The International Court
1. The Jurisdiction
of the International Court, pp. 260-262
2. Contentious Cases
at the International Court, pp. 262-288
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(15)
3. Advisory Opinions at the International Court, pp. 288-302
4. Chambers at the
International Court, pp. 302-313
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(16)
Ch. 6) Individuals and International Law
A. Individuals as Objects of International Law,
pp. 314-338
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(17)
B. Individuals as Subjects of International Law, pp. 338-342
C. International Human Rights Law, pp. 342-366
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(18)
D. European Human Rights Law
Sunday Times and
notes, pp. 366-380
-
(19)Soering
and notes, pp. 380-395
E. International Criminal Law, pp. 395-399
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(20)
Ch. 7) States and International Law
A. The Sovereign State, pp. 400-408
B. Recognition and Succession of States and Governments
Tinoco Arbitration and
notes, pp. 408-417
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(21)Autocephalous
Church, Kadic, Girocredit and notes, pp. 418-438
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(22)
C. Self-Determination, pp. 438-459
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(23)
Ch. 9) International Law and the Use of Force
B. Article 2(4) and the Use of Force by States,
pp. 512-538
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(24)
C. The United Nations and the Use of Force
1. The United Nations, Chapter
VII and the Invasion of Kuwait, pp. 538-549
2. The United Nations and
Peacekeeping, pp. 549-559
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(25)
3. The United Nations, Regional Organizations and the Conflict in the Balkans,
pp. 559-574
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(26)
Ch. 10)
International Law, the Environment, and Common Spaces
A. State Responsibility and the Environment,
pp. 575-591
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(27)
B. Treaty Regimes and Protection of the Environment, pp. 591-618
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(28)
C. International Common Spaces, pp. 618-638
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(29)
Ch. 11) The Law of the Sea
A. The High Seas, pp. 639-646
B. Vessels, pp. 646-661
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(30)
C. The Continental Shelf, Fisheries Zones, and the EEZ, pp. 661-688
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(31)
D. The Territorial Sea and Straits, 689-706
E. The Deep Sea Bed, pp. 706-714
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(32)
Ch. 12) International Conflict of Laws
A. Principles of Jurisdiction, pp. 715-728
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(33)
B. Resolving Conflicts of Jurisdiction
1. Party Choice, pp. 728-744
2. The Balancing Test, pp.
744-749
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(34)
3. International comity, pp. 749-762
4. Forum non conveniens,
pp. 762-779
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(35)
C. Foreign Sovereign Immunity
Schooner
Exchange, Victory Transport and notes, pp. 779-787
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(36)
FSIA 1976, Texas Trading, Amerada Hess and notes, pp. 787-806
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(37)
D. The Act of State Doctrine, pp. 807-823
Attendance. Attendance will be taken by sign-up sheet. You must
initial the sheet or you will be counted absent. If you are absent 15 times
for any reason -- excused or unexcused -- you may be dismissed from the
course.
This information is available in alternative formats upon request.
If you have a disability and need accomodations, please notify Associate
Dean Rodney Uphoff or your instructor as soon as possible. You may also
contact, and may need to register with, Disability Services, A048 Brady
Commons, 882-4696.