Public International Law Midterm
Rose07
SyllabusPub.Inter.Law2021.pdf
INTER-AMERICAN UNIVERSITY OF PUERTO RICO
School of Law │S Y L L A B U S PROF. LUIS ENRIQUE ROMERO NIEVES
PUBLIC INTERNATIONAL LAW L-363A – THREE (3) CREDITS
ACADEMIC TERM: JANUARY – MAY 2021 (Mondays and Wednesdays / 9:00pm-9:20pm / Room A-II)
I. Description This course is focused in the study of the sources of International Law, the norms and instruments that regulate the relationship between Nation – States in contexts of peace and war, as well as the mechanisms for the resolution of international disputes. The course also focuses in the analysis of basic problems that affect the international community and the legal framework limiting the exercise of the powers that are inherent to sovereignty.
II. Prerequisites Constitutional Law, Contracts, and Civil Procedure
III. Text Book Carter & Weiner, International Law (6th ed., Aspen Pub. 2011)1 ISBN-10: 073559810X / ISBN-13: 978-0735598102
IV. Course’s Objectives At the end of this course students may have obtained basic notions in order to:
1. Know the history of Public International Law and the role that said norms play today within the sphere of international relations.
2. Recognize the pertinence of International Law in the formation of jurists that aspire to understand how said body of norms affect the professional practice and the law itself at the domestic level.
3. Identify, differentiate and apply in the correct contexts the sources (norms) of International Law.
4. Identify the Public International Law “actors” and explain the roles and attributes of each and the limits applicable to the exercise of sovereign powers.
5. Solve controversies related to the incorporation of Public international Law norms to the internal (municipal) Law in the United States of America.
1 Professor is aware of the existence of a 7th edition (May 30, 2018). However, there are no major changes between the 6th and the 7th edition, except for the higher cost of the most recent. Taking into consideration students’ financial obligations during Law School, we will continue to use the 6th edition which is more accessible.
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6. Explain the nature of the juridical and political relationship existing between Puerto Rico and the United States of America and how the nature of said relationship determines the significance of the sources of International Law in our jurisdiction.
V. Strategy and Method
In the context of the pandemic produced by the spread of SARS-CoV-2 (COVID-19), it has become imperative to teach this course through tools that facilitate work meetings (“synchronic” sessions), at a distance. The Blackboard and Blackboard Collaborate Ultra platforms have been selected for this course. The course will be based on introductory lectures for each topic and, in order to procure an in-depth discussion of the assigned materials, the "inquiry method" will also be employed. Through "inquiry" ─ based on questions to the students ─ the Professor will encourage active and critical participation and the observance of dialogic dynamics.
VI. Evaluation Students will be graded based on the combined scores obtained by each, and in light of their performance in the following “instruments for the assessment of knowledge”: Midterm 30% Class attendance and Participation 10% Final Exam (Partial Exam) 60% TOTAL 100%
VII. Supplemental Bibliography Martin Dixon, Cases and materials on international law (Oxford University Press, 5th ed. 2011)2 Jeffrey L. Dunoff, International law: norms, actors, process: a problem-oriented approach (3rd ed. 2010)3 Malcolm D. Evans, International law (Oxford University Press, 3rd ed. 2010)4 Frederic L. Kirgis, Jr. International Organizations in their Legal Setting (West Publishing Co. Second Ed. 1993).5 J.G. Merrills, International Dispute Settlement (Cambridge University Press, 5th ed., 2011)6
2 Reference number – CAI: KZ1242.5 .D59 2011 3 Reference number – CAI: KZ3410 .D86 2010 4 Reference number – CAI: KZ1242 .I573 2010 5 Reference number – CAI: KJ41 K58I 1977 6 Reference number – CAI: JZ6010 .M47 2011
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José A. Pastor Ridruejo, Curso de Derecho Internacional Público y Organizaciones Internacionales (Madrid, Técnos, 16ta ed. 2012)7 Antonio Remiro Brotons, Derecho internacional (Ed. Tirant lo Blanch, Valencia, 2da. Ed. 2007)8 Henry J. Steiner, Philip Alston & Ryan Goodman, Human Rights in Context (Oxford University Press, 3d ed. 2007)9 Mary L. Volcansek and John F. Stack, Jr, eds. Courts Crossing Borders: Blurring the Lines of Sovereignty (Durham: Carolina Academic Press, 2005)10
VIII. Additional Pertinent Sources of Information (web) American Society for International Law http://www.asil.org/resource/home.htm United Nations Charter http://www.un.org/aboutun/charter/index.html Geneva Conventions and their Protocols http://www.icrc.org/eng International Court of Justice http://www.icj-cij.org/documents/index.php?p1=4 General Documents of United Nations http://www.un.org/documents/ Research Guide for Public International Law http://nyulaw.libguides.com/content.php?pid=45600&sid=670771 International Instruments Adopted under the Auspices of United Nations http://www2.ohchr.org/spanish/law/ United Nations News http://www.un.org/news/ The Economist http://www.economist.com/
7 Reference number – CAI: KZ3400.P37 A39 2012 8 Reference number – CAI: KZ3410 .D45 2007 9 Reference number – CAI: K3240 .S74 2008 10 Reference number – CAI: KZ6250 .C68 2005
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IX. Office Hours Office hours will be arranged individually with each student, upon students’ request and in mutually agreeable schedules. Each request for meeting must be made by the student through email, through the following address: [email protected]
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O U T L I N E
I. INTRODUCTION
A. What is International Law? Text Book - C&W pp. 1-5
B. Brief History of Public International Law
Text Book - C&W pp. 5-21
II. SOURCES OF INTERNATIONAL LAW
A. Introduction Congressional Research Service, International Law and Agreements: Their Effect Upon U.S. Law (March 1, 2013) (www.fas.org/sgp/crs/misc/RL32528.pdf).
Text Book - C&W pp. 164-5
B. Treaties
Vienna Convention on the Law of Treaties (Concluded at Vienna on 23 May 1969) Available at: https://treaties.un.org/doc/publication/unts/volume%201155/volume-1155-i- 18232-english.pdf
Text Book - C&W pp. 85-112; 180-3; 186-90 pp. 190-2 (Presidential power and other int'l agreements) pp. 202-206 (Executive agreements)
C. The concept of “jus cogens”
Text Book - C&W pp. 112-115
D. Customs and Customary International Law Text Book - C&W pp. 115-133
E. General Principles
Text Book - C&W pp. 146-152 (Malcolm N. Shaw, International Law, [6th ed. 2008]) p. 98-102, 105.
F. Secondary Sources of International Law
Malcolm N. Shaw, International Law, (6th ed. 2008) p. 109-19 Louis Henkin, et., al., International Law: Cases and Materials (3d ed. 1993) p. 119-26
G. Notable Decisions of the United States Supreme Court
(Public International Law and its effect upon domestic Law) 1. Medellín v. Texas, 552 U.S. 491 (2008) (Libro de texto - C&W pp. 167-180) 2. Hamdi v. Rumsfeld, 542 U.S. 507(2004) (Libro de texto - C&W pp. 220-225) 3. Hamdan v. Rumsfeld, 548 U.S. 557 (2006) (Libro de texto - C&W pp. 225-240) 4. The Paquete Habana, 175 U.S. 677 (1900) (Libro de texto - C&W pp. 241-243) 5. Filartiga v. Peña Irala, 630 F.2d. 876 (1980) (Libro de texto - C&W pp. 244-250) 6. Sosa v. Álvarez Machain, 542 U.S. 692 (2004) (Libro de texto - C&W pp. 253-66)
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III. INTERNATIONAL DISPUTES RESOLUTION
A. Negotiation, Mediation and Conciliation Text Book - C&W pp. 283-295
B. Arbitration*
Text Book - C&W pp. 350-389
C. International Court of Justice
Text Book - C&W pp. 295-332
IV. The Birth of a Nation – State
A. What is a Nation - State? Convention on the Rights and Duties of Nation – States Available at: http://avalon.law.yale.edu/20th_century/intam03.asp
Text Book - C&W pp. 429-450
B. Succession
Text Book - C&W pp. 451-459
V. INTERNATIONAL RESPONSIBILITY OF NATION – STATES
A. The Reasonable and Prudent State and the Diligence Due
Text Book - C&W pp. 721-743
B. Basic Norms of the International Law of Human Rights*
Text Book - C&W pp. 744-767; 771-776.
C. Basic Norms of International Criminal Law and the Law of War* Text Book - C&W pp. 1083-1099; 1104-1106; 1111-1126; 1140-1146
VI. ALLOCATION OF NATION – STATES’ AUTHORITY
A. Jurisdiction to prescribe norms
1. Territorial Jurisdiction Text Book - C&W pp. 637-650; 659-670
2. National Jurisdiction
Text Book - C&W pp. 670-684
3. Protective Jurisdiction
Text Book - C&W pp. 684-687
4. Passive Jurisdiction
*These topics could be assigned by the Professor for independent study, outside the classroom.
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Text Book - C&W pp. 638-694
5. Universal Jurisdiction
Text Book - C&W pp. 694-697
B. Jurisdiction to Adjudicate and Jurisdiction to Enforce
Text Book - C&W pp. 698-710
VII. UNITED NATIONS*
Text Book - C&W pp. 465-475
VIII. SOVEREIGN IMMUNITIES AND THE ACT OF STATE DOCTRINE
A. Sovereign immunities Text Book - C&W pp. 543-544; 552-553; 569-580; 585-587; 609-613
B. “Act of State Doctrine” Text Book - C&W pp. 613-628 IX. THE CASE OF PUERTO RICO
Luis Enrique Romero Nieves The International Court of Justice and the Development of the Right to SelfDetermination: An approach to the Case of Puerto Rico. 47 Rev. Jur. U.I.P.R. 669 (2013).
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SPECIAL NOTES: A. Auxiliary services or special needs
All students who require auxiliary services or special assistance must apply through the Coordinator of Services to Students with Disabilities at the beginning of the course or as soon as they acquire knowledge of the need. To contact the Coordinator: (787) 751-1912 Ext. 2032 or [email protected] with Mr. Luis Borri.
B. Honesty, fraud, and plagiarism
Dishonesty, fraud, plagiarism and any other inappropriate behavior in relation to academic work constitutes major infractions sanctioned by the General Student Regulations. The major infractions, as stated in the General Student Regulations, may have as a consequence, suspension from the University for a definite period greater than one year or the permanent expulsion from the University, among others sanctions.
C. Use of electronic devices Cellular telephones and any other electronic device that could interrupt the teaching and
learning processes or alter the environment leading to academic excellence will be deactivated. Any urgent situation will be dealt with, as appropriate. The handling of electronic devices that allow students to access, store or send data during evaluations or examinations is prohibited.
D. Compliance with the Provisions of Title IX
The Federal Higher Education Act, as amended, prohibits discrimination because of sex in any academic, educational, extracurricular, and athletic activity or in any other program or function, sponsored or controlled by a higher education institution, whether or not it is conducted within or outside the property of the institution, if the institution receives federal funds. In harmony with the current federal regulation, in our academic unit an Assistant Coordinator of Title IX has been designated to offer assistance and orientation in relation to any alleged incident constituting discrimination because of sex or gender, sexual harassment or sexual aggression. The Assistant Coordinator, Yarelis Pérez Rodríguez, can be reached by phone at 787-751-1912, extension 2019, or by e-mail [email protected].
The Normative Document titled Norms and Procedures to Deal with Alleged Violations of the Provisions of Title IX is the document that contains the institutional rules to direct any complaint that appears to be this type of allegation. This document is available in the Web site of Inter American University of Puerto Rico (www.inter.edu).
