Introduction

1. LWN158: PUBLIC
INTERNATIONAL
LAW
SEMINAR 1:
INTRODUCTION TO PUBLIC INTERNATIONAL LAW:
HISTORY & SCOPE

2. Teaching & Learning Approaches
Weekly seminars:
◦ Weekly readings for each topic (readings are either in the textbook or are easily
available online or will be posted in the relevant folder on Blackboard)
◦ Overview of key points for each topic
◦ Discussion questions
◦ Class presentation (where scheduled)
Blackboard site:
◦ Information on Assessment, including criteria sheets and upload link for submission
◦ Weekly seminar slides and recordings
◦ Regular announcements and important information
◦ Links to readings and other relevant or interesting material
◦ Discussion board

3. Assessment
Item of Assessment Due Date Weighting
Class Presentation
Internal students
10 mins + two page outline
On date topic is covered in
class as agreed with unit
coordinator.
15%
Research Proposal
Internal and External
students
8 April (week 5) 15%
External Exercise
External students
22 April (week 7) 15%
Research Paper
Internal and External
students
Friday 10 June
(End of week following last
week of classes)
70%

4. Class presentations
Internal students:
◦ Nominate a week for your presentation
◦ Give a 10 minute presentation on a topic relating to that
week’s seminar
◦ You may choose a particular issue related to the topic, a
relevant case or a treaty, a recent event that relates to
the topic
◦ Provide a 2 page outline of your presentation, including
citations for any sources you have relied on

5. Seminar topics / class
presentations
Seminar Topic Date
1 Introduction to Public International Law: History and Scope 3 March
2 Sources of Public International Law 10 March
3 Treaty Interpretation 17 March
4 Sovereignty & Statehood 24 March
5 International Human Rights Law 7 April
6 Use of Force 14 April
7 International Humanitarian Law 21 April
8 State responsibility 28 April
9 Enforcement of international law: ICJ and Security Council 5 May
10 Enforcement of international law: international criminal law 12 May
11 Jurisdiction, Privileges and Immunities 19 May
12 International Refugee Law 26 May
13 Role of International Law in Domestic Law 2 June

6. Objectives this week:
To understand the foundations of public international law, and to
consider its history and scope.
To consider the nature of public international law, how it is made and
who is bound by it.
To appreciate the theoretical debates surrounding international law
To gain an appreciation of the decision making bodies within the
international community, with a particular focus on the United Nations.

7. Discussion Question 1:
What is public international law?
What do you think are its fundamental characteristics?

8. What is Public International
Law?
‘International law is an obligatory regime of principles and rules that
regulates the relations among states, and individuals and other non-
state actors’ (Triggs)
Rules relate to variety of topics, and regulate all aspects of international
relationships, including war and peace, creation and enforcement of
treaties, acquisition of territory, protection of citizens, settlement of
disputes.
Rules are found in treaties, custom and general principles of law (more
on this next week).

9. Development of Public
International Law
• Emergence of concept of statehood – Treaties of Westphalia (1648)
• Growth of international trade
• International dispute resolution
• Use of diplomacy and ambassadors
• International legal scholars – Grotius, On the Law of War and Peace (1625)
• Conquest of the New World and Empire building
• World War I and the League of Nations
• World War II and the United Nations
• Post-war decolonisation
• 11 September, 2001 terrorist attacks

10. Key features of contemporary
public international law
• Law created by states to regulate their own behaviour: consensus
based and horizontal in nature.
• Central role of the United Nations, but increasing contribution from
regional organisations (European Union, African Union, Organisation
of American States, Arab League, ASEAN).
• Includes ‘hard law’ and ‘soft law’ – varying degrees of legal obligation
and enforceability.

11. Contemporary influences on
international law
What current events or issues do you think have
most influence on international law today? Are
there any issues you think present significant
challenges for international law?
◦ New technology
◦ Resource scarcity, growing population and sustainable
development
◦ Internal conflicts and civil war
◦ New approaches to legal thinking, eg feminist and third
world approaches.

14. Some hints on using cases
Most cases are from International Court of Justice (ICJ) but some will be
from its predecessor, the Permanent Court of International Justice
(PCIJ).
ICJ has two areas of jurisdiction: contentious cases and advisory
opinions.
Cases can have more than one phase – usually a
jurisdiction/admissibility phase and a merits phase.
No doctrine of precedent in international law, but courts nonetheless
aim for consistency.
Judgments binding only on the parties to the case.
Judgments of ICJ and PCIJ are available on ICJ website.

15. Discussion Questions
1. To what extent does the balance of international politics affect the
content of international law?
2. What are the strengths and weaknesses of the consensus approach
adopted by public international law?
3. Is international law really law?
4. Is international law a Western construct? What alternative
perspectives might be necessary in a contemporary context?
5. Describe the functions of the main organs of the United Nations.

16. Discussion Question :
Find a story in the news this week which
raises questions of international law. What
are the international legal issues which it
presents? What international law applies? Is
the law being enforced or ignored?