The Public International Law Study Guide for Students: Exercises and Answers

ISBN-13: 9781849464543 / Angielski / Miękka / 2013 / 474 str.

Cristina Verones; Sebastien Rosselet

Opis

A sound understanding of public international law is indispensable for any lawyer, whether working in an international or domestic context. It is therefore important that students have a thorough theoretical understanding of international law issues, and are able to apply the relevant international legal rules to a given set of facts, so as to arrive at a legally coherent conclusion. This practical aspect of learning international law is often neglected in favor of more theoretical aspects - which is where this book comes in. The book offers a series of hypothetical practical cases in public international law, including some of its specialized branches, such as international human rights law and international criminal law. It challenges students to practice and familiarize themselves with the methodology and to write solutions to practical international legal questions. Divided into two parts, the first section of the book contains practical exam-like questions, organized by subject (such as treaty law or State responsibility) while the second section contains the solutions. Additionally, the book includes a chapter dedicated to more complex 'interconnected' cases where students are asked to tackle problems which span multiple potential cases and topics. It will be a useful tool for those seeking a thorough theoretical understanding of public international law.

Spis treści

Introduction and General Presentation 1. Objectives 2. User’s guide 3. Methodology 4. Some advice on how to deal with practical cases 5. Acknowledgments 6. Feedback General recommended reading Part I: CASES Chapter 1 Subjects of Public International Law: States and International Organisations General plan: how to solve cases relating to subjects of international law The State and its constitutive elements Case 1.1 International organisations Case 1.2 Case 1.3 Recommended reading on subjects of public international law Chapter 2 Diplomatic Protection General plan to solve diplomatic protection cases, based on the ILC’s Draft Articles on Diplomatic Protection from 2006 Case 2.1 Case 2.2 Case 2.3 Case 2.4 Case 2.5 Recommended reading on diplomatic protection Chapter 3 Treaty Law General plan to solve treaty law cases based on the Vienna Convention on the Law of Treaties 1969 Applicability of the Vienna Convention on the Law of Treaties (VCLT) Case 3.1 Reservations Case 3.2 Case 3.3 Competence to conclude treaties Case 3.4 ‘Pathologies’ of treaties: invalidity, termination and suspension Case 3.5 Case 3.6 Case 3.7 Case 3.8 Case 3.9 Case 3.10 Recommended reading on treaty law Chapter 4 Responsibility of States for Internationally Wrongful Acts General plan to solve State responsibility cases based on the ILC Articles on Responsibility of States for Internationally Wrongful Acts (2001) (SRA) Attribution and violation of an international obligation Case 4.1 Case 4.2 Case 4.3 Case 4.4 Case 4.5 Case 4.6 Circumstances precluding wrongfulness Case 4.7 Case 4.8 Case 4.9 Case 4.10 Recommended reading on State responsibility Chapter 5 International Dispute Settlement: The International Court of Justice General plan to solve questions related to the competence of the International Court of Justice to judge contentious cases General plan to solve questions related to the competence of the International Court of Justice to pronounce upon advisory opinions Issues of personal jurisdiction Case 5.1 Case 5.2 Forms of consent: reservations to optional clause declarations Case 5.3 Case 5.4 Case 5.5 Other forms of consent Case 5.6 Case 5.7 Case 5.8 Issues of admissibility Case 5.9 Advisory opinions Case 5.10 Recommended reading on the International Court of Justice Chapter 6 Use of Force General plan to solve cases on the use or threat of use of force Article 2 paragraph 4 of the UN Charter Case 6.1 Case 6.2 Article 51 of the UN Charter Case 6.3 Case 6.4 Case 6.5 Chapter VII of the UN Charter Case 6.6 Case 6.7 Recommended reading on the use of force Chapter 7 Interconnected Cases Case 7.1 Case 7.2 Case 7.3 Case 7.4 Case 7.5 Case 7.6 Case 7.7 Case 7.8 Case 7.9 Case 7.10 Case 7.11 Chapter 8 Specialised Branches of International Law International human rights law Case 8.1 Case 8.2 Case 8.3 Recommended reading on international human rights law International refugee law Case 8.4 Case 8.5 Case 8.6 Recommended reading on international refugee law International humanitarian law Case 8.7 Case 8.8 Case 8.9 Recommended reading on international humanitarian law International criminal law Case 8.10 Case 8.11 Case 8.12 Recommended reading on international criminal law International environmental law Case 8.13 Case 8.14 Recommended reading on international environmental law Part II: SUGGESTED SOLUTIONS Chapter 1 SUGGESTED SOLUTIONS Subjects of Public International Law: States and International Organisations SUGGESTED SOLUTIONS The State and its constitutive elements Case 1.1 SUGGESTED SOLUTIONS International Organisations Case 1.2 Case 1.3 Chapter 2 SUGGESTED SOLUTIONS Diplomatic Protection Case 2.1 Case 2.2 Case 2.3 Case 2.4 Case 2.5 Chapter 3 SUGGESTED SOLUTIONS Treaty Law SUGGESTED SOLUTIONS Applicability of the Vienna Convention on the Law of Treaties (VCLT) Case 3.1 SUGGESTED SOLUTION Reservations Case 3.2 Case 3.3 SUGGESTED SOLUTIONS Competence to conclude treaties Case 3.4 Situation (a) Situation (b) SUGGESTED SOLUTIONS ‘Pathologies’ of treaties: invalidity, termination and suspension Case 3.5 169 Case 3.6 172 Case 3.7 177 Case 3.8 179 Case 3.9 182 Case 3.10 185 Chapter 4 SUGGESTED SOLUTIONS Responsibility of States for Internationally Wrongful Acts SUGGESTED SOLUTIONS Attribution and violation of an international obligation Case 4.1 Case 4.2 Case 4.3 Case 4.4 Case 4.5 Case 4.6 SUGGESTED SOLUTIONS Circumstances precluding wrongfulness Case 4.7 Case 4.8 Case 4.9 Case 4.10 Chapter 5 SUGGESTED SOLUTIONS International Dispute Settlement: The International Court of Justice SUGGESTED SOLUTIONS Issues of personal jurisdiction Case 5.1 Case 5.2 SUGGESTED SOLUTIONS Forms of consent – reservations to optional clause declarations Case 5.3 Case 5.4 Case 5.5 SUGGESTED SOLUTIONS Other forms of consent Case 5.6 Case 5.7 Case 5.8 SUGGESTED SOLUTIONS Issues of admissibility Case 5.9 SUGGESTED SOLUTIONS Advisory opinions Case 5.10 Chapter 6 SUGGESTED SOLUTIONS Use of Force SUGGESTED SOLUTIONS Article 2 paragraph 4 of the UN Charter Case 6.1 Case 6.2 SUGGESTED SOLUTIONS Article 51 of the United Nations Charter Case 6.3 Case 6.4 Case 6.5 SUGGESTED SOLUTIONS Chapter VII of the United Nations Charter Case 6.6 Case 6.7 Chapter 7 SUGGESTED SOLUTIONS Interconnected Cases Case 7.1 Case 7.2 Case 7.3 Case 7.4 Case 7.5 Case 7.6 Case 7.7 Case 7.8 Case 7.9 Case 7.10 Case 7.11 Chapter 8 SUGGESTED SOLUTIONS Specialised Branches of International Law SUGGESTED SOLUTIONS International Human Rights Law Case 8.1 Case 8.2 Case 8.3 SUGGESTED SOLUTIONS International Refugee Law Case 8.4 Case 8.5 Case 8.6 SUGGESTED SOLUTIONS International Humanitarian Law Case 8.7 Case 8.8 Case 8.9 SUGGESTED SOLUTIONS International Criminal Law Case 8.10 Case 8.11 Case 8.12 SUGGESTED SOLUTIONS International Environmental Law Case 8.13 Case 8.14