Provisional Course Outline and Reading List

UNIVERSITY OF HONG KONG

LLAW3044 (2016-2017)

PUBLIC INTERNATIONAL LAW

PROVISIONAL COURSE OUTLINE AND READING LIST

I. COURSE DESCRIPTION

Public international law governs inter-state relationships and entities such as individuals, international organizations and so on. The scope and importance of public international law has expanded dramatically in the last century due to increased awareness and studies towards globalisation, escalation of conflicts, environmental issues and human rights violations.

This undergraduate course aims to introduce the basics of the core aspects of public international law, including the law of obligations, law of peace, law of war and human rights against contemporary contested scenarios at the time of the course. With a view to give the students a practical perspective there will also be a short introduction to the use of public international law in the domestic law context.

II. ADMINISTRATIVE MATTERS

This course will be taught by Mr Ernest CY Ng, Barrister-at-law at Parkside Chambers, Hong Kong (). Appointments with the lecturer can be arranged by e-mail.

The course will be taught on every Wednesday 6:30 p.m. to 9:20 p.m. for LL.B. students (except public holidays and reading week). Prior notice shall be given to students should there be any need to reschedule the class.

SEMINAR DATE TOPIC TO BE COVERED

PART I (GENERAL PARTS)

Week 1 7th September 2016 Introduction

Week 2 14th September 2016 Obligations

Week 3 21st September 2016 Subjects

Week 4 5th October 2016 Territories

Week 5 12th October 2016 War

Week 6 26th October 2016 Responsibility

PART II (SPECIFIC TOPIC)

Week 7 2nd November 2016 Human Rights

Week 8 9th November 2016 Jurisdiction/Immunities

Week 9 16th November 2016 Settlement of Int’l Disputes

Week 10 23rd November 2016 Domestic Courts

Week 11 30th November 2016 Hong Kong & Examination Review

III. ASSESSMENT

Mid-term assessment (25%): A 24 hour take home assessment (~2,000 words) with respect to content covered in Seminars I to VI.

Final assessment (75%): A 48 hour take home assessment (~4,000 words) with respect to content covered in Seminars I to XI.

IV. READING LIST

No one text book is required for this course, but recommended general work for frequent use are: -

- Crawford, Brownlie’s Principles of Public International Law (8th ed., 2012) (“Brownlie”)

- Shaw, International Law (7th ed., 2014) (“Shaw”)

- Harris & Sivakumaran, Cases and Materials on International Law (8th ed., 2015) (“Harris”)

Under each topic, students will find a list of basic and further readings for that week’s class (with the pieces marked [*] being the minimum expected pre-class reading requirement). Basic readings other than chapters (or materials reproduced) in Harris, Shaw or Brownlie shall be provided by way of distributed materials (marked with [#]).

ERNEST CY NG

PARKSIDE CHAMBERS

FALL 2016

ANNEX I

SEMINAR I

INTRODUCTION

A. INTRODUCTION

B. THEORIES OF PUBLIC INTERNATIONAL LAW

Introduction to the subject matter. The first part of the Seminar is a general introduction to the various topics to be covered during the semester, assessment methods, research guide and other administrative matters sufficient for the students to make a preliminary decision as to whether to take the course or not.

Second part of the Seminar introduces the history of public international law, various key theories thereof and also the analytical skills required for solving problems therefrom.

Basic Readings

- Brownlie, Ch. 1* or Shaw, Chs. 1-2*

- Harris, Ch. 1*

- E. Lauterpacht (ed), H. Lauterpacht’ s International Law: Collected Papers: Part I (1970), Ch. 1#

Further Readings

Secondary Materials: Books and Articles

- Bederman, International Law in Antiquity (2007)

- Carty, Philosophy of International Law (2007)

- Crawford and Koskenniemmi (eds), Cambridge Companion to International Law (2011)

- Koskenniemi, From Apology to Utopia (2005)

- Marks, International Law on the Left (2008)

- Nussbaum, A Concise History of the Law of Nations (1954)

- Orakhelashvili (ed.), Research Handbook on the Theory and History of International Law (2011)

- Alvarez, ‘Why Nations Behave’, (1997-98) 19 Michigan Journal of International Law 303

- Besson & Tasioulas (ed.), The Philosophy of International Law (2010), Ch 1.

- Gontarek, ‘International Legal Theory: Positivist, Naturalist, and Much More’ (1995) 1 International Legal Theory 5.

- Higgins, Themes and Theories (2009) Chs. 1.5-1.6.

- Hueck, ‘The Discipline of the History of International Law: New Trends and Methods on the History of International Law’ (2001) 3 Journal of the History of International Law 194-217

- Lesaffer, ‘International Law and its History: the Story of an Unrequited Love’ Craven et al (eds) Time, History and International Law (2007) 27-41

Hague Collected Courses

- Caldera, ‘The Juridical Basis of a New International Order’ (1986) 196 Hague Recueil des cours 391-400

- Crawford ‘Chance, Order, Change: The Course of International Law. General Course on Public International Law’ (2013) 365 Hague Recueil des cours 9-390

- Lachs, ‘The Development and General Trend of International Law in Our Time’ (1980) 169 Hague Recueil des cours 9

- Thirlway, ‘Concepts, Principles Rules and Analogies’ (2002) 294 Hague Recueil des cours 273-405

- Xue, ‘Chinese Contemporary Perspectives on International Law: History, Culture and International Law’ (2011) Hague Recueil des cours 41-234

- Zemanek, ‘The Legal Foundations of the International Legal System” (1997) 266 Hague Recueil des cours 9-336

Guiding Questions

- What is ‘public international law’? Is it a system of law at all?

- How does the system (if at all) of ‘public international law’ differs from domestic law in terms of formation, conception and reasoning?

SEMINAR II

OBLIGATIONS

Developing on Seminar I, this Seminar introduces the basis of obligations in public international law and the fundamental question of the sources of obligations. Students will be introduced to the classic formulation of sources of international law with Article 38 of the Statute of the International Court of Justice as the starting point. The Seminar will give special attention to the formulation of customary international law and treaty law, the two most important sources of obligations to-date. The Seminar will also touch on concepts such as unilateral acts, equity, obligations erga omnes, jus cogens and soft law.

Basic Readings

Primary Materials

- Statute of the International Court of Justice (1945) 33 UNTS 993, Article 38*# (provided together with the Charter of the United Nations)

- Vienna Convention on the Law of Treaties (1969) 1155 UNTS 331*[1]

- North Sea Continental Shelf [1969] ICJ Rep 3[2]

Secondary Materials

- Brownlie, Chs. 2, 16* or Shaw, Chs. 3, 16*

- Harris, Chs. 2, 10*

- Schachter, ‘Towards a Theory of International Obligations’ in Schwebel (ed.), The Effectiveness of International Decisions (1971) 9-31 reprinted in Koskenniemi (ed) Sources of International Law (2000) 3-27#