Public International Law

Course # 886 (Spring Semester 2007)

Mon. 3:00-4:15 PM & Tues. 8:10-9:25 AM

Prof. Robert C. Blitt

TEST SITE WEEK 5

Week of April 23, 2007

Law of the Sea

United Nations, Division for Ocean Affairs and the Law of the Sea

United Nations Convention on the Law of the Sea (UNCLOS) (1982)

Ratifications & Reservations, UNCLOS

Week of April 16, 2007

On Environment

Stockholm Declaration, United Nations Conference on the Human Environment (1972).

Rio Declaration on Environment and Development, United Nations Conference on Environment and Development (1992)

International Law Commission, Draft Articles on Prevention of Transboundary Harm from Hazardous Activities , 2001.

Pakootas v. Teck Cominco Metals, Ltd. , 452 F.3d 1066 (July 2006).

EPA- Teck Cominco Settlement Agreement (June 2006).

United Nations Environment Program Ozone Secretariat (Montreal Protocol)

Vienna Convention for the Protection of the Ozone Layer

Reservations & Ratifications , Vienna Convention for the Protection of the Ozone Layer .

United Nations Framework Convention on Climate Change (Includes Kyoto Protocol).

United Nations Framework Convention on Climate Change (1992)

Reservations & Ratifications, UN Framework Convention on Climate Change .

Kyoto Protocol to the UN Framework Convention on Climate Change (1998).

Reservations & Ratifications, Kyoto Protocol.

World Trade Organization

World Trade Organization (WTO)

WTO legal texts (Agreement Establishing the WTO (including General Agreement on Trade in Services (GATS) and Trade-Related Aspects of Intellectual Property Rights (TRIPS)) and GATT 1994 & 1947)

Week of April 9, 2007

Report of the Secretary General's High-level Panel on Threats, Challenges and Change, "A More Secure World: Our Shared Responsibility"

On Kosovo

The North Atlantic Treaty (1949)

North Atlantic Treaty Organization (NATO)

UN Security Council Resolution 1199 (1998)

UN Security Council Resolution 1244 (1999)

On Terrorism

UN Security Council Resolution 1373 (2001), “On Threats to International Peace and Security Caused By Terrorist Acts”

International Convention for Suppression of Financing of Terrorism (December 1999)

International Convention for Suppression of Financing of Terrorism, Ratifications & Reservations

Week of April 2, 2007

White House, U.S. National Security Strategy, March 2006.

White House, National Strategy for Combating Terrorism, Sept. 2006.

UN General Assembly, Resolution 3314 (XXIX) “Definition of Aggression”, 1974.

UN General Assembly, Resolution 377 (V), “Uniting for Peace”, 1950 (Acheson Plan).

UN Security Council, Resolution 1368 (2001), “Condemning 9/11 Attacks”, Sept. 2001.

UN Security Council, Resolution 1373 (2001), “On Financial and Other Forms of Support for Terrorism” Sept. 2001.

UN Peacekeeping Operations, http://www.un.org/Depts/dpko/dpko/index.asp

UN Security Council, Resolutions 660-662 (1990), “Iraq’s Invasion of Kuwait”, Aug. 1990.

UN Security Council, Resolution 678 (1990), “Iraq: Enforcement”, Nov. 1990.

UN Security Council, Resolution 687 (1991), “Iraq: Ceasefire”, April 1991.

Week of March 26, 2007

Boumediene v. Bush, US Court of Appeals (DC Circuit)

UN General Assembly Declaration on the Granting of Independence to Colonial Countries and Peoples, UN GA Resolution 1514 (XV)

UN General Assembly Declaration On Principles of International Law Concerning Friendly Relations and Co-Operation Among States in Accordance With the Charter of the United Nations (Resolution 2625)

Comprehensive Proposal for Kosovo Status Settlement, http://www.unosek.org/unosek/en/statusproposal.html

UN Mission in Kosovo, http://www.unmikonline.org

UN Declaration on the Rights of Indigenous Peoples (Submitted to General Assembly) (June 2006)

New Democratic Party of Canada, Press Release on Canada's vote against the Declaration on the Rights of Indigenous Peoples in the UN Human Rights Council, http://www.ndp.ca/page/3891

Robert C. Blitt, “Who Will Watch the Watchdogs?” Buffalo Human Rights Law Review, 2002 ( Excerpt : The Informal and Unfettered Rise of NGOs in the International System)

Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (12 August 1949)

Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (12 August 1949)

Convention (III) relative to the Treatment of Prisoners of War (12 August 1949)

Convention (IV) relative to the Protection of Civilian Persons in Time of War (12 August 1949)

Protocol I to Geneva Conventions, relating to Protection of Victims of International Armed Conflicts (8 June 1977)

Protocol II to Geneva Conventions, relating to Protection of Victims of Non-International Armed Conflicts (8 June 1977)

Prosecutor v. Erdemovic , ICTY Appeals Chamber (7 October 1997)

Erdemovic (Dissent of Judge Cassese)

Authorization for Use of Military Force, Public Law 107-40, 115 Stat. 224

Department of Justice Memorandum re Legal Standards Related to Torture (revised, Dec. 30, 2004)

Combatant Status Review Tribunals, http://www.defenselink.mil/news/Combatant_Tribunals.html

Khalid Shaykh Muhammad Combatant Status Review Tribunal Hearing Transcript (“High Value Detainee”) (redacted)

Week of March 19, 2007

Vienna Convention on Law of Treaties Between States & International Organizations (1986)

Ratification & Reservation Status, VCLT Between States & International Organizations

Convention on Privileges & Immunities of UN (1946)

Ratification & Reservation Status, Convention on Privileges & Immunities of UN

International Organization Immunities Act (22 USC §§ 288-288f)

Act for Prevention & Punishment of Crimes Against Internationally Protected Persons (18 USC § 112)

“Difference Relating to Immunity From Legal Process of a Special Rapporteur of the Commission on Human Rights” (ICJ Advisory Opinion, Apr. 29, 1999)

US-UN Headquarters Agreement (1947)

European Community, Guidelines on Recognition of New States in Eastern Europe and USSR (1991)

Vienna Convention on Succession of States in Respect of State Property, Archives and Debts (1983)

Ratification information (Vienna Convention on Succession of States in Respect of State Property, Archives, and Debts)

Vienna Convention on Succession of States in Respect of Treaties (1978)
Ratification information (Vienna Convention on Succession of States in Respect of Treaties)

Week of March 5, 2007

US-UK Extradition Treaties:

1972 Extradition Treaty

2003 Extradition Treaty (Senate ratification Sept 2006, awaiting Presidential signature)

International Criminal Law:

Rome Statute on the International Criminal Court (1998)

ICC Ratifications, Reservations, Declarations (Updated to 2007)

UN Security Council Resolution 1593 (2005) & Comments on Referring the Situation in Darfur to the Prosecutor of the International Criminal Court

ICC Fact SheetRe Situation in Darfur (Feb 2007)

Prosecutor's Application Re Darfur

Video : Remarks & Press Conference with ICC Prosecutor, Luis Moreno Ocampo, following the Submission of Evidence of Crimes in Darfur to the ICC (March 1, 2007): http://www.icc-cpi.int/php/asx/ICC-OTP-PC20070227_En.php

International Criminal Court Website: http://www.icc-cpi.int/home.html&l=en

International Criminal Tribunal for Rwanda: http://69.94.11.53

Special Court for Sierra Leone: http://www.sc-sl.org

Iraqi Special Tribunal (Statute): http://www.cpa-iraq.org/human_rights/Statute.htm

Special Tribunal for Cambodia (draft agreement): http://www.eisil.org/index.php?sid=455745301&t=sub_pages&cat=837

Week of Feb. 26, 2007

UN General Assembly, Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (Declaration on Human Rights Defenders) (1999).

Charter of the International Military Tribunal (Nuremberg)

Francis Fukuyama, "The End of History", The National Interest , Summer 1989.

Robert C. Blitt, "Who Will Watch the Watchdogs?" Buffalo Human Rights Law Review , 2002 (excerpt)

Optional Protocol No. 1, International Covenant on Civil and Political Rights (ICCPR)

Ratifications to ICCPR Optional Protocol No. 1

National Security Archive at George Washington University,"The US and the Genocide in Rwanda 1994:Evidence of Inaction" : http://www.gwu.edu/%7Ensarchiv/NSAEBB/NSAEBB53/index.html

PBS Special Report,"The Triumph of Evil: How the West Ignored Warnings of the 1994 Genocide and Turned its Back on the Victims" : http://www.pbs.org/wgbh/pages/frontline/shows/evil/

Frontline, "Ghosts of Rwanda": http://www.pbs.org/wgbh/pages/frontline/shows/ghosts/

UN Human Rights System Charts

Current UN Human Rights Council Membership

UN Human Rights Council Special Procedures (Thematic & Country Mandates)

European Convention on Protection of Human Rights and Fundamental Freedoms

List of European Human Rights Treaties (Conventions & Protocols) : http://conventions.coe.int/Treaty/Commun/ListeTraites.asp?MA=3&CM=7&CL=ENG

Ratification of Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms

European Court of Human Rights. http://www.echr.coe.int/ECHR/

Week of Feb 19, 2007

List of States Recognizing as Compulsory the Jurisdiction of the ICJ: http://www.icj-cij.org/icjwww/ibasicdocuments/ibasictext/ibasicdeclarations.htm

United Nations List of Non-Self-Governing Territories (2002) http://www.un.org/Depts/dpi/decolonization/trust3.htm

Vienna Convention on Diplomatic Relations (1961)

Optional Protocol concerning the Compulsory Settlement of Disputes (VCDR) 

Vienna Convention on Consular Relations (1963)

US-Iran Treaty of Amity, Economic Relations, and Consular Rights (1955)

Mark Bowden, "The Desert One Debacle," The Atlantic Monthly , May 2006 (interactive version  available at:  http://iran.theatlantic.com/interactive_article_page_1.html ).

UN General Assembly Declaration on the Granting of Independence to Colonial Countries and Peoples, UN GA Resolution 1514 (XV)

Week of Feb. 12, 2007

Council of Europe Report on Secret Detentions and Unlawful Inter-state Transfers of Detainees (Marty Report)

BBC News "European Union Endorses Damning Report on CIA" (includes links to video covering findings of the Marty Report and reaction to it.)  http://news.bbc.co.uk/2/hi/europe/6360817.stm

US-Mex Treaty of Extradition (1979)
Foreign Sovereign Immunities Act (FSIA) 28 USC §1602 (Ch. 98)
US Treaties in Force (2006)
International Law Commission Articles on Responsibility of States for Internationally Wrongful Acts (2001)

Week of Feb. 5, 2007

Treaty of Ghent 1814 (especially art. 9)
http://www.yale.edu/lawweb/avalon/diplomacy/britain/ghent.htm

Cayuga Claims
US UK Arbitration Agreement (1910)

US Courts & the ICJ
ICJ_Avena & Other Mex Nat'ls v. USA (Mar 2004)
Ex parte MEDELLÍN TX Crim. App. (Nov 15 2006) (Appeal denied, petition for Certiorari filed Jan 16, 2007)

Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty: http://www.unhchr.ch/html/menu3/b/a_opt2.htm

Convention on the Prevention and Punishment of the Crime of Genocide  (December 1948) http://www.icrc.org/ihl.nsf/FULL/357?OpenDocument

U.S. Reservations to the Convention on Prevention and Punishment of Genocide http://www.icrc.org/ihl.nsf/NORM/AF36B604F1BDEE93C125642F004639AF?OpenDocument

Week of Jan. 29, 2007

Covenant of the League of Nations (including Amendments adopted to December, 1924) http://www.yale.edu/lawweb/avalon/leagcov.htm

Inter-American Commission on Human Rights (including access to the American Declaration of the Rights and Duties of Man, the American Convention on Human Rights, and the OAS Charter) http://www.cidh.org

ICCPR Text

Senate Committee on Foreign Relations Report on CEDAW (6 Sep 02)

Hague Convention Concerning the Rights and Duties of Neutral Powers in Naval War:

see http://www.icrc.org/ihl.nsf/INTRO?OpenView and http://www.yale.edu/lawweb/avalon/lawofwar/hague13.htm

US Reservations to International Covenant on Civil & Political Rights (ICCPR)

Objections to US reservations to ICCPR

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) - Reservations Objections

Syllabus:

Print Friendly Version   (revised 24 Jan. '07)

Revised January 24, 2007

Grading :

Grading for this seminar will be based on student participation and attendance, a number of brief “think pieces” analyzing course readings, and either a final paper or take home exam. The breakdown is as follows:

15% — attendance and in class participation

15% — four “think pieces” of 500-750 words each, based on assigned readings

70% — choice between final paper of 20-25 pages or take home exam

“Think Piece” Assignments

The “think pieces” are intended to give you an opportunity to reflect critically on the readings. They should be succinct, and not merely summarize the issues raised. A think piece can zero in on a narrow topic or cover broader thematic questions presented by the readings. Do not exceed the word limit of 500-750 words (12 pt font and 1” margins). No additional reading outside the assigned materials is required to write the think piece, although you are welcome to incorporate ideas and materials previously covered as you see fit.

Each of the four “think pieces” must analyze readings assigned from a different chapter outlined in this syllabus. In other words, you cannot write two assignments on, for example, the topic of treaties. Each assignment is due at the beginning of class and should cover the readings assigned for that that specific class. For example, if you are handing in a think piece on customary international law (Chapter 3), that assignment is due at the beginning of class on Monday, February 5, and should reflect on the readings assigned for that class (pp. 92-128).

You are required to complete all four assignments. The lowest of the four grades obtained will be dropped, resulting in each think piece being valued at 5% of your final grade.

Take Home Exam or Final Paper

The take home exam will be distributed at the end of the semester (date TBA). It will consist of a number of essay-type questions and must be completed and submitted to the records office within 48 hours.

In the alternative, you may instead choose to submit a final paper. This paper, 20-25 pages in length, can be on any approved topic covering a public international law issue that you wish to explore in greater detail. A proposal outlining your paper topic (1-2 pages) should be submitted no later than Monday, March 5. The final paper is due by 5 PM on the last day of exams.

Casebook :

Mark W. Janis, John E. Noyes, International Law: Cases and Commentary (American Casebook Series), Thomson/West; 3rd ed. (Jan. 2006).

Additional readings as distributed.

Office Hours :

Monday 4:30-6:30 PM and Tuesday 12-1:30 PM, or by appointment.

Room 373

Tel: (865) 974-6855

Email: rblitt@utk.edu

Course Outline :