LAW 221: INTERNATIONAL LAW

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Presentation transcript:

LAW 221: INTERNATIONAL LAW Dr. Başak Çalı

Outline Where do you see international law? What is international law? Branches of international law When did it all start? Historical perspectives on IL Where are we now? Outline

What did you read in newspapers? Syria conflict and the UN Charter law Chemical weapons and their prohibition in IL ECHR cases Qaddafi Trial in Libya EU law Minority schools in Turkey Sharks Attack on Japanese citizens What did you read in newspapers?

What needs improvement ? Which bodies of international law is engaged and why? Is the news about violating an established law? What law? Is the news about a court decision? Is the news about emerging law? Is the news about application of law by public officials? The distinction between political commentary and IL The distinction between private IL and public IL What needs improvement ?

What Does IL Govern?

What needs improvement? There is not only one ‘bit’ of law There are layers of IL (bilateral, sub-regional, regional, UN-wide) Is a ‘declaration’ law? Who are the parties to a treaty? What needs improvement?

International Law has Branches General international law International trade law International human rights law International environmental law International law of the sea International law of space International law of armed conflict and more… International Law has Branches

Who Practices International Law ? Governments Parliaments Domestic Courts International Courts All international organisations Non governmental organisations, e.g. AI, Human Rights Watch, International Commission of Jurists, Betselem… Research institutes, think-tanks, journalists

Contemporary international law regulates diverse issue areas. What it regulates is open ended. There may be multiple IL frameworks regulating the same issue area There may be, regional AND international law at work in most regions. International law practice takes many forms, i.e. government work, litigation, NGO work, advocacy, lobbying, judging both at domestic and international levels Topic 1: Summary

The beginnings of modern IL Domestic Law: Between a political authority and individuals International Law: Law that emerges from the interaction of separate political entities The beginnings of modern IL

The beginngins of Modern IL - II Modern ‘IL’ starts in late 16th 17th century. It is traced to developments in Europe Why? The beginngins of Modern IL - II

The beginnings of modern IL- III The colonisation and acquisition of territory by European powers in the rest of the world: could the emperors law bind the Indians? (Vitorio, Suarez) The Westephalia peace agreement of 1648: territorial sovereignty as a principle to end conflict in Europe (Grotious) The beginnings of modern IL- III

Next Week No LECTURE NEXT MONDAY. For Lecture NEXT WED: Read CHAPTERS 2 and 4 of IL for IR. (or ensure that you finished reading PART 1 of Book) 3 October 2013 Thursday 5 pm: Timor Case Next Week

GOLD DUST CASE 1: Have you read it?