Faculty of Law
LAW 308 | Course Introduction and Application Information
| Course Name |
International Law
|
|
Code
|
Semester
|
Theory
(hour/week) |
Application/Lab
(hour/week) |
Local Credits
|
ECTS
|
|
LAW 308
|
Fall/Spring
|
3
|
0
|
3
|
4
|
| Prerequisites |
None
|
|||||
| Course Language |
English
|
|||||
| Course Type |
Service Course
|
|||||
| Course Level |
First Cycle
|
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| Mode of Delivery | - | |||||
| Teaching Methods and Techniques of the Course | - | |||||
| National Occupation Classification | - | |||||
| Course Coordinator | ||||||
| Course Lecturer(s) | ||||||
| Assistant(s) | ||||||
| Course Objectives | The series of topics is composed to highlight and demonstrate the significance of the understanding of the rules, procedures and means governing international order in spite of its fundamentally political nature. |
| Learning Outcomes |
The students who succeeded in this course;
|
| Course Description | International law will be offered as an indispensable and complementary tool of analyses in pursuit of a correct and comprehensive view of often simplified, but nevertheless highly complex occurrences in international relations.International Law II intends to introduce and outline the various subjects regulated by the contemporary rules of international law. A broad range matters is going to be discussed and illustrated through explanations and cases from the practice of international relations. The subjects to be reviewed include the international law of the sea, international law of armed conflicts, international law of human rights, international environmental law. The course also aims to discuss the disputes between States that are related to the said subjects. |
| Related Sustainable Development Goals |
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|
|
Core Courses | |
| Major Area Courses | ||
| Supportive Courses |
X
|
|
| Media and Management Skills Courses | ||
| Transferable Skill Courses |
WEEKLY SUBJECTS AND RELATED PREPARATION STUDIES
| Week | Subjects | Related Preparation |
| 1 | The Concepts of “Law” and “International Law”: International Community The Term “International Law” Defining International Law International Law as Law: Its Distinctive Features The Scope of International Law History and Development of International Law | -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 1-35. -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 1-25. |
| 2 | International Law and National Laws: The Differences in Terms of Law Creation The Differences in Terms of Law Enforcement The Nature of Relation between International Law and National Law The Theories Explaining the Relationship The Situation in the Turkish Law | Seminar: Evaluate the rule added to the Article 90 of the Turkish Constitution “In the case of a conflict between international agreements in the area of fundamental rights and freedoms duly put into effect and the domestic laws due to differences in provisions on the same matter, the provisions of international agreements shall prevail.” Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 129-165. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 63-71. Online Sources: Exercise on treaty implementation: Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, Paris, 17 December 1997 [1999] ATS 21 http://www.austlii.edu.au/au/other/dfat/treaties/1999/21.html Compare implementation of this treaty in different states – See ‘Update on steps taken by countries to implement the Convention’: http://www.oecd.org/document/24/0,2340,en_2649_201185_1933144_1_1_1_1,00.html Compare also UN Convention against Corruption, New York 2003 UK Treaty Series No.14 (2006) http://www.fco.gov.uk/Files/kfile/339730_CM6854.pdf |
| 3 | Sources of International Law International Treaties: Sub-Titles: The Concept of the Sources of Law Formal (Binding) Sources of International Law Secondary Sources of International Law International Treaties General Characteristics of International Treaties Various Concepts used to describe International Treaties The Role of Customary Law in International Law The Constituting Elements of a Treaty Rule The Creation of International Treaties Reservations Giving the Binding Feature to International Treaties Application of International Treaties The Turkish system in the Creation of International Treaties The Factors Affecting Validity of International Treaties The Legal Effects and Interpretation of International Treaties Ending an International Treaty Changing the Provisions of International Treaties | Seminar: Please evaluate the Greek argument stating that the international regulation regarding to the disarmed status of Eastern Aegean Islands was expired. Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 25-29, 55-77. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 35-60. Online Sources: Convention on the Law of Treaties, Vienna, 23 May 1969 http://untreaty.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf For history and later ILC work on reservations http://untreaty.un.org/ilc/summaries/1_8.htm |
| 4 | The Sources of International Law Customary Law and General Principles of Law: Sub-Titles: Creation of Custom in International Law The Constituting Elements of a Customary Rule The Role of Customary Law in International Law The Characteristics a General Rule of Law The Role of General Principles of Law in International Law | Seminar: Turkey does not allow Greece to declare a 12-mile territorial sea in Aegean. However 1982 United Nations Convention on the Law of the Sea allows States to declare a territorial sea up to 12 miles. Evaluate the position of Turkey. Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 98-124. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 39-60. Online Sources: Customary law stated in a General Assembly resolution - the ICJ judgment in Military and Paramilitary Activities (Nicaragua v USA) 1986: http://www.icj-cij.org/docket/index.php?p1=3&p2=3&code=nus&case=70&k=66 And see the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations, UN General Assembly Resolution 2625 (XXV): http://www.un.org/documents/ga/res/25/ares25.htm For an ICJ case looking at a customary rule, see Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium) http://www.icj-cij.org/docket/index.php?p1=3&p2=3&code=cobe&case=121&k=36 |
| 5 | International Dispute Settlement: Dispute Resolution in Intl Law: (1) Peaceful Settlement (Pacific Settlement) (2) Use of Force Peaceful Methods: (1) Arbitration: (2) Adjudication (3) Advisory options. (4) Mediation system by notable figure (5) Special Claims Tribunal The International Court of Justice Compulsory Jurisdiction: Art 36(2) Other international Courts and Tribunals: - International Whaling Commission - International Tribunal for the Law of the Sea - International Criminal Tribunal for the Former Yugoslavia - International Criminal Tribunal for Rwanda - International Criminal Court - WTO Dispute Settlement Mechanism - European Court of Justice | Seminar: Please evaluate the dispute between China and Japan over the Senkaku Islands and propose a peaceful settlement. Readings: -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 273-300. |
| 6 | Personality International Law: Personality and Statehood Sub-Titles: The Concept of Personality in Law The Concept of Personality in International Law Subjects (Persons) of International Law State as an International Law Subject The Constituting Elements of Statehood The Role of Recognition in Statehood Different Kind of States in International Law and Legal Consequences International Organizations and Other Subjects Sub-Titles: The Concept of International Organization The Limits of the Personality of an International Organization The Rights and Responsibilities of International Organizations The Structure of International Organizations Various Kinds of International Organizations Other Subjects of International Law: Persons etc. | Seminar: 1. The Federal System of the United States 2. Evaluate the Palestinian Authority according to the constituting elements of statehood. 3. Evaluate the status of Taiwan. 4. The status of minorities under international law. Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 166-204. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 75-90. Online Sources: Convention on the Rights and Duties of States, Montevideo, 26 December 1933, Article 1 http://www.yale.edu/lawweb/avalon/intdip/interam/intam03.htm Independence and sovereignty - see point 3 of the separate opinion of Judge Anzilotti in the Austro-German Customs Union case (PCIJ) : http://www.icj-cij.org/pcij/index.php?p1=9&p2=3&p3=2&co=A/B41 |
| 7 | Jurisdiction of States: -Definition of Jurisdiction -Different Types of Jurisdiction -Bases for Claiming Jurisdiction -Criminal Jurisdiction of a State -Civil Jurisdiction of a State -Diplomatic Immunities and Privileges for States and International Organizations | Seminar: On what legal grounds may a Turkish Court exercise jurisdiction on Basser El-Esed. Please express your own views. Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 300-337. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 109-117. Online Sources: The Permanent Court of International Justice, Case of the Lotus http://www.icj-cij.org/pcij/serie_A/A_10/30_Lotus_Arret.pdf |
| 8 | International Maritime Law: -Forms of using the seas -Development of the rules governing the sea areas -Internal waters -Territorial waters -Straits -Archipelagic waters -Islands and their maritime areas. -Contiguous seas -Continental shelf -Exclusive economic zone -High seas and international sea bed. | Seminar: 1. The Passage Regime through the Turkish Straits 2. Examine the illegal activities on the high seas 3. Aegean maritime disputes between Greece and Turkey Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003), pp. 406-415. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 173-182. Online Sources: United Nations Convention on the Law of the Sea, Montego Bay, 10 December 1982 http://www.austlii.edu.au/au/other/dfat/treaties/1994/31.html International Maritime Organisation http://www.imo.org/home.asp http://www.internationalwaterlaw.org/regionaldocs/rhine_river.html On the position of the USA, see ASIL Insight ‘The United States and the 1982 Law of the Sea Treaty http://asil.org/insights/2007/06/insights070611.html |
| 9 | International Environmental Law: -Polluting activities -International agreements for protecting the environment -Cultural and natural monuments to be protected | Seminar: Evaluate the Kyoto Protocol and the Turkey’s position. Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003), pp. 429-435. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 241-254. Online Sources: Research Materials on International Environmental Law, http://www.wcl.american.edu/environment/iel/ United Nations Environment Program, http://www.unep.org Rio Declaration 1992 http://www.unep.org/Documents/Default.asp?DocumentID=78&ArticleID=1163 Basel Convention http://www.basel.int/ |
| 10 | International Human Rights Law: -The concept of human rights -Internationalization of human rights -Basic international documents and the rights protected -Regulations for supervising the application of international conventions -Regional regulations. European Human Rights System Sub-Titles: -Development of human rights concept in Europe after the II: World War -The role of the Council of Europe -European Convention on Human Rights -Rights protected. -System of Protection | Seminar: Evaluate the Latin American system of human rights. Readings: -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 209-222. Online Sources: Human Rights Library, http://www1.umn.edu/humanrts/un-orgs.htm A summary of United Nations Agreements on Human Rights, http://www.hrweb.org/legal/undocs.html. Seminar: Evaluate the Turkey’s situation as to the European Convention on Human Rights and the European Court of Human Rights. Readings: -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 209-222. Online Source: European Court of Human Rights, http://www.echr.coe.int/echr European Convention on Human Rights and Additional Protocols, http://www.echr.coe.int/NR/rdonlyres/D5CC24A7-DC13-4318-B457-5C9014916D7A/0/EnglishAnglais.pdf |
| 11 | Use of Force in International Law: Right to use military force before the UN system -The UN system and use of force -The scope of right to use force today -The conditions in which Security Council may allow use of force? -Right to self-defense. International Law of Armed Conflicts Sub-Titles: -Concepts of war and armed conflict -Divisions among the rules regulating the military conflict -The concept of humanitarian law -Violations of law of armed conflicts constituting crimes Related Questions: 1. What are the basic international treaties establishing law of armed conflicts? 2. What issues are dealt with by the humanitarian law? 3. Can you enumerate some violations that constitute crimes? | Seminar: NATO’s Intervention to Kosovo 1999 Readings: -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 306-352 -Kerem Batır, Humanitarian Intervention in International Law: European Conflicts, 2004 (relevant parts will be given by the Lecturer) Online Sources: International Court of Justice, Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons, http://www.un.org/law/icjsum/9623.htm European Parliament, Criteria for the use of force, www.europarl.europa.eu/meetdocs/2004_2009/documents/dv/cuf-summary_pc_/cuf-summary_pc_en.pdf Bruno Simma, NATO, the UN and the Use of Force: Legal Aspects, http://www.ejil.org/journal/Vol10/No1/100001.pdf. Seminar: Evaluate the crime of genocide and allegations of “Armenian Genocide”. Readings: Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 352-364. Online Sources: Geneva Conventions, http://www.icrc.ch/Web/Eng/siteeng0.nsf/html/genevaconventions Research Guide Humanitarian Law of Armed Conflicts, http://www2.spfo.unibo.it/spolfo/HUMLAW.htm |
| 12 | State Succession: -Definition of State succession -The issues covered by State succession -Succession to territory -Succession to international agreements -Succession to property -Succession to States’ debts | Seminar: Analyze the articles of Lausanne Treaties of 1923 in relation to Turkey’s succession to the Ottoman Empire. Readings: Richard K. Gardiner, International Law, Longman Law Series, (2003), pp. 186-188. Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 161-173. Online Sources: Matthew C.R. Craven, The Problem of State Succession and the Identity of States under International Law, http://www.ejil.org/journal/Vol9/No1/art5.pdf State Succession in Matters of Property and Debts, http://www.idi-iil.org/idiE/resolutionsE/2001_van_01_en.PDF |
| 13 | International Space Law: -Definition of space -Legal status of space area -Legal regime for the people and spacecrafts -Legal regime of the space activities | Seminar: Evaluate the recent touristic activities to the space within the context of space law. Readings: Richard K. Gardiner, International Law, Longman Law Series, (2003), pp. 419-428. Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 198-209. Online Sources: United Nations Office for Outer Space Affairs, http://www.unoosa.org/oosa/SpaceLaw/index.html International Space Treaties, http://www.islandone.org/Treaties/ J.J. Hurtak, Existing Space Law Concepts and Legislation Proposals, http://www.affs.org/html/existing_space_law_concepts.html |
| 14 | International Law of Economic relations : -The concept of international economic relations -International institutions regulating the international economic relations -Attempts to liberalizing the international economic relations -Rules related to international investments Related Questions: 1. Can you name some international institutions regulating the international economic relations? 2. How do you evaluate the level of liberalizing the international economic relations? 3. What are the basic rules related to international investments? | Seminar: Evaluate the structure and activities of WTO( World Trade Organization) and GATT (General Agreement on Trade and Tariffs) Readings: Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 222-239. Online Sources: ASIL Guide to Electronic Resources for International Law, International Economic Law, http://www.asil.org/resource/iel1.htm GATT and the World Trade Organisation, http://www.jus.uio.no/lm/international.economic.law/wto.html North American Free Trade Agreement, http://www.jus.uio.no/lm/international.economic.law/nafta.html |
| 15 | Review of the Semester | |
| 16 | Final Exam |
| Course Notes/Textbooks | Akehurst’s Modern Introduction to International Law, Eighth Edition, (2012) Uluslararası Hukuk Temel Ders Kitabı, Fifth Edition, (2015) |
| Suggested Readings/Materials | Reading materials to be given by the lecturer. |
EVALUATION SYSTEM
| Semester Activities | Number | Weigthing |
| Participation | ||
| Laboratory / Application | ||
| Field Work | ||
| Quizzes / Studio Critiques | ||
| Portfolio | ||
| Homework / Assignments | ||
| Presentation / Jury |
1
|
20
|
| Project | ||
| Seminar / Workshop | ||
| Oral Exams | ||
| Midterm |
1
|
30
|
| Final Exam |
1
|
50
|
| Total |
| Weighting of Semester Activities on the Final Grade |
2
|
50
|
| Weighting of End-of-Semester Activities on the Final Grade |
1
|
50
|
| Total |
ECTS / WORKLOAD TABLE
| Semester Activities | Number | Duration (Hours) | Workload |
|---|---|---|---|
| Theoretical Course Hours (Including exam week: 16 x total hours) |
16
|
3
|
48
|
| Laboratory / Application Hours (Including exam week: '.16.' x total hours) |
16
|
0
|
|
| Study Hours Out of Class |
16
|
1
|
16
|
| Field Work |
0
|
||
| Quizzes / Studio Critiques |
0
|
||
| Portfolio |
0
|
||
| Homework / Assignments |
0
|
||
| Presentation / Jury |
1
|
11
|
11
|
| Project |
0
|
||
| Seminar / Workshop |
0
|
||
| Oral Exam |
0
|
||
| Midterms |
1
|
20
|
20
|
| Final Exam |
1
|
25
|
25
|
| Total |
120
|
COURSE LEARNING OUTCOMES AND PROGRAM QUALIFICATIONS RELATIONSHIP
|
#
|
Program Competencies/Outcomes |
* Contribution Level
|
|||||
|
1
|
2
|
3
|
4
|
5
|
|||
| 1 |
To be able to possess the knowledge in legal terminology, concepts and principles. |
-
|
-
|
-
|
-
|
X
|
|
| 2 |
Solves the legal problems with an analytic and integral point of view. |
-
|
-
|
-
|
-
|
-
|
|
| 3 |
Evaluates the legal knowledge and abilities obtained with a critical approach. |
-
|
-
|
-
|
-
|
-
|
|
| 4 |
Evaluates the developments in legal theory and practice by monitoring local, international and interdisciplinary dimensions. |
-
|
-
|
-
|
-
|
-
|
|
| 5 |
Is conscious of social, professional and scientific principles of ethic behaviour. |
-
|
-
|
-
|
-
|
-
|
|
| 6 |
Takes responsibility in solving problems by creative and innovative thinking. |
-
|
-
|
-
|
-
|
-
|
|
| 7 |
Interprets the sources of law by ways of legal methodology. |
X
|
-
|
-
|
-
|
-
|
|
| 8 |
To be able to interpret the legal norms with a sense of justice respectful to human rights and in the light of principles of democratic, secular and social state of law. |
-
|
-
|
-
|
-
|
-
|
|
| 9 |
To be able to use the daily scientific sources and court judgments in the framework of life time learning approach. |
-
|
-
|
-
|
-
|
-
|
|
| 10 |
Informs the related persons and institutions about legal matters both verbally and in written. |
-
|
-
|
-
|
-
|
-
|
|
| 11 |
Monitors the daily legal information/court decisions and interacts with the colleagues in a foreign language (“European Language Portfolio Global Scale” Level B1). |
-
|
-
|
-
|
-
|
-
|
|
| 12 |
Uses the information and communication technology together with the computer programs in a level required by the area of law (“European Computer Driving Licence, Advanced Level”). |
-
|
-
|
-
|
-
|
-
|
|
*1 Lowest, 2 Low, 3 Average, 4 High, 5 Highest
