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Use of Force in International Law

Use of Force in International Law. (JUFN27). What is valuable knowledge?. The parts and the whole

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Use of Force in International Law

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  1. Use of Force in International Law (JUFN27)

  2. What is valuable knowledge? • The parts and the whole • “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security.” (Art. 51 UNCh) • « Aucune disposition de la présente Charte ne porte atteinte au droit naturel de légitime défense, individuelle ou collective, dans le cas où un Membre des Nations Unies est l'objet d'une agression armée, jusqu'à ce que le Conseil de sécurité ait pris les mesures nécessaires pour maintenir la paix et la sécurité internationales. » (Art. 51 UNCh) • Substance and structure (=how the parts are connected) • ”A war of aggression constitutes a crime against the peace, for which there is responsibility under international law.” (UNGA res. 2625)

  3. Indonesia is occupying East Timor • Occupation compatible with relevant provisions in the UN Charter? • Compatible with the right of self-determination? • Who can invoke this right and who can enforce it? • What is the significance of action taken by possible third parties? • What action can be taken by the UNSC? • What action can be taken by the UNGA? • Are any judicial fora available?

  4. Contents of the course • Subjects of international law • Sources of international law • The jurisdiction and immunity of states • The law of the sea • The law of treaties • State responsibility • Human rights law • International environmental law • International criminal law • Protection of foreign nationals and foreign investments • Peaceful settlement of international disputes • The law of the UN Charter • Jus ad bellum • Jus in bello

  5. Reading list • Literature • Shaw, 7th ed • See reading instructions • Reader • Can be acquired at the Faculty Reception • Gray, International Law and the Use of Force, 3rd ed • See reading instructions • Seminar Materials • Can be acquired at the Faculty Reception • Questions posted at course web-page • Treaties and instruments • Either T6 compilation or own print-outs • Further instruments may be distributed in class

  6. Lectures • Come well prepared! • Familiarise yourself with relevant treaties and instruments! • Read relevant literature! • Reading Instructions • Posted at course webpage • Ppt slides • Posted at course webpage

  7. Seminars (8) • Four groups (grps A-D) • Student lead seminars (4) • Teacher lead seminars (4) • A bona fide participation = 1 p. • In cases of absence, write a paper instead; submit no later than 25 October 2017, at 10.00 a.m., by email to Ulf, and at the Reception

  8. Exam • Three components • Written exam (32 p) • Teacher lead seminars (4 p) • Correction template (2 p); submit no later than 29 August, 12.00 a.m., by email to Ulf, and at the Reception • Four questions • A minimum of two will be identical with questions addressed in seminars • A moderated open book exam

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