1.24.14
Georgetown University Law Center
Spring 2014
Rev. 1.24.14
INTRODUCTION TO INTERNATIONAL LAW
LAWJ 235-01
(3 credit hours)
Prof. David P. Stewart
Monday and Wednesday 9:35-11:00 a.m.
Hotung 1000
This course provides a broad introduction to the nature, sources and operation of
international law. It includes a survey of the basic principles, instruments and institutions of
“public international law,” such as the law governing treaties and other international
agreements, the nature and content of customary international law, the recognition of states
and governments, the role and operation of international and regional organizations such as
the United Nations and the OAS, international human rights, methods of international
dispute resolution (including the role of the International Court of Justice and other entities),
the law of the sea and international criminal law, and principles governing the use of force.
We will also spend some time on the status of international law in the U.S. legal system (as
reflected in concepts of civil and criminal jurisdiction, diplomatic and foreign sovereign
immunity, and the act of state doctrine) and the allocation of foreign affairs powers between
the President, the Congress and the Judiciary.
Depending on your particular interests, we can also devote time to one or two “hot topics” –
in such areas, for example, as counter-terrorism, international crimes, trafficking in drugs
and persons, use of force and UN sanctions in response to recent developments, etc.
Textbook
We will be using the 6th edition of Carter, Trimble & Weiner’s International Law (Aspen
2011) together with its document supplement (2013-2015). The assigned readings are
from these two volumes. Some supplemental readings have been posted on courseware.
You may also find it useful to refer to Buergenthal and Murphy, Public International Law in a
Nutshell (5th ed. 2013); Murphy, Principles of International Law (2nd 2012); or Bederman,
International Law Frameworks (2nd ed. 2006) – all readily available at the bookstore or online.
Take a few moments, at your leisure during the first two or three weeks of the course, to
visit http://www.asil.org/education/100-ways and read or download “International Law: 100
Ways It Shapes Our Lives.”
Exam
The examination will be a comprehensive three-hour, entirely open-book test covering the
entire course on the basis of hypothetical and essay-type questions. It is scheduled to be
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held on Tuesday 5/01/14 at 9:00 a.m. Copies of previous exams in this and similar
courses are of course available to you.
Reading Assignments
The schedule of topics and readings is attached. My intent will be to keep to this schedule as
closely as possible, although travel commitments will require some adjustments. The
readings in the textbook are in the neighborhood of 35 pages per class. Do not overlook the
readings in the documentary supplement, since they are important and one of your tasks this
semester is to become familiar with these basic international law instruments. Again,
supplemental materials have already been posted on courseware – they are also an important
part of your assignments -- and some additional materials may be added as the course
progresses. Please note the assignment to be completed for the first class.
Participation
My expectations are simple: Be present, be prepared, be a participant. Attendance in
class is required. Do the readings. Every class member should be prepared for each session
and may expect to be called upon. Active class participation is strongly encouraged.
Discussions and presentations will assume your familiarity with the assigned readings; you
will benefit only if you have done them thoughtfully. Your active participation in, and
positive contributions to, class discussions may be taken into account in the final course
grade, but only to your benefit.
Courseware
We will be using Courseware for communication, discussion, assignment and document
distribution. Our password is “intlaw.”
Contacting Me
My office is Hotung 6018. I can be reached at stewartd@law.georgetown.edu. My office hours
are Tuesdays 2-3 p.m. For appointments, contact Jacquelyn E. Williams at 202-662-9687 or
jew43@law.georgetown.edu.
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CLASSES AND READING ASSIGNMENTS
1. Jan. 13 Mon
Reading:
Courseware:
2. Jan. 15
Weds
Reading:
Courseware:
No class Jan. 20
Jan. 22
Weds
3. Jan. 27 Mon (1)*
Reading:
Doc. Supp.:
Introduction to the Course and the Topic
pp. 1-30
Read UN Declaration on Principles of International Law Concerning
Friendly Relations and Co-operation among States, UNGA Res. 2625
(1970)
Imagining International Law
pp. 30-59
Milanović v. Serbia (ECHR 12.16.10)
MLK
Cancelled (snow day)
Sources I: Treaties * = 8 a.m.
pp. 85-115
VCLT (pp. 43-69), arts. 1-18, 26-27, 31-33, 46-64
4. Jan. 27 Mon (2)
Sources II: Customary International Law and General Principles
Reading:
Courseware:
pp. 115-152
Lowenfeld Declaration., Republic of Ecuador v. ChevronTexaco (2007)
5. Jan. 29 Weds
Reading:
Doc. Supp.:
Courseware:
6. Feb. 3 Mon (1)*
Reading:
Courseware:
7. Feb. 3 Mon (2)
Reading:
Doc. Supp.:
Courseware:
Sources III: In Context
n/a
UN Women’s Convention, pp. 438-448
Materials on Proposed CEDAW RUD’s and Ratification Debate;
Krishanthi v. Rajaratnam, 2010 WL 3429529 (D.N.J. Aug. 26, 2010),
reconsideration denied, 2011 WL 1885707 (D.N.J. May 11, 2011).
Subjects I: States and Other Entities * = 8 a.m.
pp. 429-463
Materials on New States; Materials on Admission of Palestine as UN
Observer State; Zivotofsky ex rel. Zivotofsky v. Sec’y of State, 132 S.Ct. 1421
(2012)
Subjects II: The United Nations System and IMF/IBRD
pp. 463-501
UN Charter (pp.1-27), esp. arts. 1-8, 33-51, 92-96, 102-103
Materials on International Organization
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8. Feb. 5 Weds (1)
Subjects III: Regional Organizations
Reading:
pp. 501-533
Doc. Supp.: OAS Charter, pp. 288-300
Supplemental: Visit http://www.oas.org/en/topics/international_law.asp
9. Feb. 5 Weds (2)
Reading:
Doc. Supp.:
Dispute Resolution I: International Court of Justice
pp. 283-289, 295-334
ICJ Statute, pp. 28-42
No Class -- Feb 10 or 12
No Class -- Feb 17 or 19
10. Feb. 20 Thurs
Reading:
Doc. Supp.:
11. Feb. 24 Mon
Reading:
Doc. Supp.:
Courseware:
12. Feb. 26 Weds
Reading:
Doc. Supp.:
Courseware:
13. March 3 Mon
Reading:
Courseware:
14. March 5 Weds
Reading:
Courseware:
Dispute Resolution II: Other Courts and Tribunals, Arbitration
pp. 334-341, 350-368, 378-90
New York Convention, pp. 118-122; ICSID Convention, pp. 123-136
International Law in U.S. Law I: Treaties and Executive Agreements
pp. 153-186, 202-207
U.S. Constitution, arts. III and VI, pp. 77-79
Materials on Disabilities Convention
International Law in U.S. Law II: Customary International Law
pp. 240-268
ATS and TVPA, pp. 101-102
Kiobel v. Royal Dutch Shell Petroleum, 621 F.3d 111 (2nd Cir. 2010)
Jurisdiction/Allocation of Responsibility I
pp. 637-664
State v. Jack, 125 P.3d 311 (Ala. 2005)
Jurisdiction/Allocation of Responsibility II
pp. 670-674, 684-710
United States v. Bellaizac-Hurtado, 700 F.3d 1245 (11th Cir. 2012);
Materials on Universal Jurisdiction
No Class - March 10 or 12
15. March 17 Mon
Reading:
Doc. Supp.:
16. March 19 Weds
State Responsibility/Diplomatic Protection
pp. 721-747
ILC Draft Articles, pp. 374-385
International Human Rights I
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Reading:
Doc. Supp.:
pp. 747-771
UDHR, pp. 386-391; ICCPR, pp. 392- 407; ICESCR, pp. 414-422
17. March 24 Mon International Human Rights II
Reading:
Doc. Supp.:
Courseware:
pp. 771-812
Senate Res. of Advice and Consent to ICCPR, pp. 408-410
UN Human Rights Council Res 15/9 Right to Water (9.30.10
International Immunities: FSIA
Reading:
Doc. Supp.:
Courseware:
pp. 535-562, 569-81, 585-587
FSIA, pp. 301-316
ASIL Insights on Samantar
18. March 26 Weds
19. March 31 Mon
Reading:
Doc. Supp.:
20. April 2 Weds
Reading:
Courseware:
21. April 7 Mon
Reading:
Doc. Supp.:
22. April 9 Weds
Reading:
Doc. Supp.:
Courseware:
23. April 14 Mon
Reading:
Doc. Supp.:
24. April 16 Weds
Reading:
Courseware:
25. April 21 Mon
Reading:
Doc. Supp.:
Courseware:
Other Immunities, Act of State
pp. 604-636
VCDR, pp. 317-330 (esp. arts. 22-25, 29-32, 39)
Private International Law
pp. 415-428; 710-719
Stewart, Private International Law, 30 U. Pa. J. Int'l L. 1121 (2009)
Law of the Sea I
pp. 813-857
UNCLOS, pp. 545 ff
Law of the Sea II
pp. 857-877
UNCLOS, pp. 545 ff
Materials on South China Sea
Use of Force I: Prohibitions, Exceptions, Justifications
pp. 931-973
UN Definition of Aggression (1974), pp. 751-754
Use of Force II: Humanitarian Law, Intervention, War on Terrorism
pp. 977-985, 988-1013, 1023-1028; 1033-1045
UNGA Res 53/144 (1999) Responsibility to Protect; Materials on Syria and
R2P; Persky on Drones; Other Drone Materials
International Criminal Law
pp. 1083-1094, 1104-1116, 1140-1154
Rome Statute, pp. 966-998
Kampala Resolutions; United States v. Dire, 680 F.3d 446 (4th Cir. 2012)
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26. April 23 Weds
Reading:
Doc. Supp.:
Exam: May 1
Wrap Up and Review
none
none
Tuesday 9 a.m.
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OBJECTIVES
This course is intended to introduc you to the study of the nature, sources, and operation of
contemporary public international law.
The overall goal is to give you a better understanding of the nature and function of law in the global
society, and of the U.S. legal system (and its methods), as well as to complement the rest of your
studies by helping you learn to “think like an international lawyer.”
It also serves as a general precursor to other international law courses in the Georgetown Law
curriculum, including International Law II (which covers international business and economic law),
comparative law studies, and more specialized offerings.
Through our readings and discussion you should:
 understand the key historical, legal, political, ethical and other factors that have influenced
the evolution of international law;
 become familiar with the actors and institutions that create and contribute to international
law;
 recognize that non-judicial sources play a major role in creating legal rules, and that lawyers
need to know how to recognize, interpret and apply diverse sorts of legal materials;
 appreciate the main tenets of contemporary international law and the key public policy issues
and alternatives that shape the current international legal environment;
 understand the role of international law in the U.S. legal system and how the United States
organizes itself to participate in international life;
 appreciate the strengths and weaknesses of the international legal system and how it
compares to the domestic law system of the United States;
 know where to find, how to research, how to read, and how to apply public international
legal materials;
 know the basic procedures for creating, interpreting, and applying treaties, custom, and other
sources of international law;
 ask in a more sophisticated way the basic questions about whether international law really is
“law,” and about what the concept of “law” really means, especially within a system which
does not have the same mechanisms for enforcement as we typically find in domestic law;
 see the areas you cover in your other GULC courses from the vantage point of alternative
foreign or international comparisons;
 be exposed to some of the typical challenges and tasks of a lawyer in the international field,
and have some simulated practice in the modes of analysis, argumentation, advocacy, etc.
that have analogues in the domestic arena; and
 become better equipped to be a “lifelong learner” in the field of public international law.
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