Postgraduate Courses:
There are a number of Postgraduate PIL options in the BCL/MJur programme :
- EU as an Actor in International Law (not offered in 2011-2012)
- International Dispute Settlement
- International Economic Law
- International Law and Armed Conflict (not offered in 2011-2012)
- International Law of the Sea
Other PIL related courses/seminars:
- Research Seminars
- Function of Law in the International Community (not offered in 2011-2012)
- Short Courses for Military Lawyers
EU as an Actor in International Law (not offered in 2011-12)
The process of European integration has entailed a transfer of foreign relations powers from the Member States to the European Union (EU) that does not follow the lines of any other legal development. It is different from the experience of federal States, in so far as the devolution of foreign relations powers is only partial, and it has certainly not entailed the disappearance of the Member States as international legal persons. On the other hand, the quantity and the quality of the functions exercised by the EU on the international plane, and its capacity to develop its own course of foreign relations, makes it an entity with few, if any, traces of resemblance with other existing international organisations.
This 3 credit course deals with questions at the intersection of European law, public international law, and international relations. It looks both to the inside, giving an overview of the foreign relations law of the EU, and to the outside, examining the legal framework in which the EU acts on the international plane. Looking at some of the core areas of international law, the course examines the problems of and prospects for a supra-national actor in a legal system which is still largely dominated by States. The ultimate question to be explored: Is international law adapting to a new actor or must the EU assume statehood to be a full actor in international law?
The course covers the following topics: the foreign relations law of the EU, the relationship between international law, European law and the domestic law of the Member States, treaty relations of the EU and its Member States (mixed agreements), the EU as a member of international organizations and a party before international tribunals, international relations and diplomatic powers of the EU, promotion and enforcement of international law by the EU (sanctions, human rights, standards of democratic governance, protection of the environment, law of the sea), violations of international law by the EU and its Member States and their international responsibility.
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International Dispute Settlement
Professor V Lowe, Professor D Sarooshi, D Akande
The course on International Dispute Settlement is concerned with the peaceful settlement of disputes involving the application of international law, including inter-State disputes, and disputes between States and individuals or corporations.
One part of the course is concerned with the study of a range of institutions concerned with dispute settlement such as arbitral tribunals, the International Court of Justice, and more specialised bodies such as the International Centre for the Settlement of Investment Disputes, the World Trade Organisation, and other institutions handling economic and political disputes.
The second part of the course provides an outline of the principles of procedural law that operate in international tribunals, including international commercial arbitration tribunals. This part of the course involves the study of issues such as jurisdiction and admissibility, the determination of law governing procedure and the law governing the merits of a case, remedies, the recognition and enforcement of judgments and awards, and the review of judgments and awards.
Teaching consists of weekly classes in the Michaelmas and Hilary Terms, in some of which students may present short papers for discussion by the group as a whole. The examination is held at the same time as the other BCL/MJur examinations, in the summer vacation.
Detailed handouts and reading lists are distributed during the year. The most recent handouts are posted on the Faculty’s intranet.
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International Economic Law
Professor D Sarooshi
This 3 credit course, The WTO and International Economic Law, introduces students to the main principles and institutions of international economic law. It focuses primarily on the institutions and substantive law of the World Trade Organization (WTO) and the General Agreement on Tariffs and Trade (GATT).
In addition to introducing participants to the major legal disciplines under the GATT/WTO and the basic principles and core concepts of the GATT/WTO (based on in-depth study of the relevant GATT/WTO case law), the course considers the underlying philosophy of free trade and a number of the controversies concerning the future evolution of the WTO and its relationship to globalisation, regionalism, and the attempt by States to achieve other policy objectives (such as protection of the environment).
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International Law and Armed Conflict (not offered in 2011-2012)
D Akande
This course examines the international law issues which arise in relation to armed conflicts. The course will be divided into three parts. It will begin by considering that aspect of international law which determines whether States are entitled to use armed force. This part of the course will also examine the powers of the United Nations to authorize the use of force. The second part of the course will examine the law that applies during an armed conflict. The focus will be on international armed conflicts, though there will also be some consideration of the law that applies during non-international armed conflicts.
The third and final part of the course will focus on international criminal law, i.e. the enforcement of international humanitarian law and other norms prohibiting human rights violations through criminal prosecutions. In this part, there will be consideration of the jurisdiction of international criminal courts as well as an examination of general principles of international criminal law. There will also be some consideration of substantive international crimes such as genocide and crimes against humanity. Although there will be some consideration of the relationship between human rights law and the law of armed conflict, there will be no general examination of the law relating to the protection of human rights.
The course will be taught through a series of seminars and tutorials which will be held mainly in Michaelmas and Hilary Terms. Students will be expected to have done the reading prior to the seminars. Students will also be expected to come to the seminars prepared to discuss the issues raised in the reading. On occasion, students will be expected to give short oral presentations (about 10 minutes) on an issue to be discussed in the seminar.
The Philosophy of International Law - click here for programme and reading list.
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International Law of the Sea
Professor V Lowe, V. Moreno Lax, Dr I Papanicolopulu
The Law of the Sea course is concerned with public international law and not with commercial shipping law.
The course provides a comprehensive grounding in the subject, combining the study of maritime zones (such as the territorial sea, Exclusive Economic Zone, Continental Shelf and High Seas), with the study of the main bodies of law regulating users of the seas (such as navigation, fishing, pollution, scientific research and military activities).
The teaching involves relating the problems of the law of the sea to underlying principles and policy factors and to other relevant areas of general international law, including sources, the law of treaties and principles of state responsibility.
The teaching consists of weekly classes in the Michaelmas and Hilary Terms, in some of which students will present short papers for discussion by the group as a whole. Lectures/Seminars: each is one two-hour session. The examination is held at the same time as the other BCL/MJur examinations, in the summer vacation.
A detailed syllabus and reading-list is made available to students at the beginning of each academic year.
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