internationallawoutline.doc

International Law Outline Overview Table of Contents Section I: Historical Overview Sources of IL 2 Section II: Municipal Law and IL 19 Section III: Terrorism Cases 24 Section IV: Act of State Doctrine 33 Section V: Treaties 39 Section VI: Dispute Settlement 57 Section VII: Use of Force 67 Section VIII: Immunities 80 Section IX: Jurisdiction 87 Section I: Historical Overview Sources of IL History and Theory # What is IL?… # Early History of IL # Natural Law… # Positivism # Modern History of IL… # Changes in IL from Early to Modern Period # Is IL Really Law? Conceptual Difficulties # Sovereignty Puzzle # Positivism Puzzle # Enforcement Puzzle # Henkin on Why States Observe IL # Sources of IL: Overview # RS…… # ICJ Statute # Sources of IL: Custom # General… # State Consent in IL # Paquete Habana… # Lotus… # Nuclear Weapons… # Int’l Agreement Process as Evidence of OJ # Asylum Case # North Sea Continental Shelf Case # GA Declaration or Negotiation of Treaty Giving Rise to CIL # Additional CIL Concerns # Sources of IL: Treaties # General… # Treaty Construction # Entangled Treaty and Custom… # Sources of IL: General Principles # General # Jus cogens Principles # Other Sources/Means/Evidence of IL # Declarations and Resolutions: Soft Law # General Assembly Declarations… # Filartiga # Texaco Case… # History Theory What is international law? Traditional definition: rules regulating interaction between states. In the traditional definition it is completely state-centric, states are the only subjects of IL and the only subjects that have rights or duties. Dealt with individual aliens but dealt with them as belonging to states (and encompassed within the rights of the state) and dealt with states’ rights over their citizens. Since WW2, this definition is inadequate. Organizations like UN, multinational corporations, as well as individuals (through human rights treaties) are now subjects of intl law and have rights and duties. Early History of IL Jus gentium