2024 Comprehensive Public International Law Notes (All authorities, easy to follow)

Description

High quality Public International Law (LAWS1023/LAWS5005) notes for the University of Sydney. These notes cover the substantive topics in the course (as they existed in 2024): 1. Development, Nature and Scope of International Law 2. Sources of International Law * Article 38(1) of the Statute of the International Court of Justice * Treaties * Custom * General Principles of Law * Judicial Decisions and Academic Writings * Resolutions of International Organisations * Soft Law * Codification and Development of International Law * Unilateral statements or acts 3. The Law of Treaties * Prereq: Applicability of VCLT (A) Definition of a treaty in the Vienna Convention on the Law of Treaties (B) Consent to be bound (C) Partial or modified consent to treaties (D) Legal effect of a ‘treaty’ (E) Treaty interpretation (F) Amendment (G) Invalidity of treaties (H) Termination of treaties (I) Suspension 4. International Law and Domestic Law * Domestic Law in International Law * International Law in Domestic Law 5. Personality, Statehood, Self-Determination * Statehood and International Legal Personality * Recognition * Recognition of Government * Self-Determination 6. State Title to Territory * Sovereignty over Territory * Types of Territory 7. State Jurisdiction * Jurisdiction Generally * Civil Jurisdiction * Criminal Jurisdiction Criminal: (A) Territoriality Criminal: (B) Nationality Criminal: (C) Protective security Criminal: (D) Passive personality Criminal: (E) Universality * ICC Jurisdiction 8. Immunity from Jurisdiction (Foreign State Immunity) * Gov’t entity or individual? * FS: Immunity of Foreign State Representatives (individuals) * Int’l Anomalies * FS: Gov’t corps/entities * FS: Jus Cogens * Jusde \[unclear] limited — only governments not acts where foreign State immunity * Executive Order CLT and AUS law 9. Immunity from Jurisdiction II: Diplomatic Immunity * Immunity and ICCs * Initial Wording * Problem * Individual immunity 10. State Responsibility I (1) Introduction to the State under international law, and (2) Constitutes a breach of an international obligation of the State (3) Circumstances precluding wrongfulness (4) Standing: Entitlement to invoke responsibility of another State (5) Consequences of Conduct: Entitlement of reparations 11. State Responsibility II (Diplomatic Protection) * Breach of Standard of treatment (mistreatment) * Discretion of State to use Diplomatic Protection * Requirement of Nationality of Claim * Exhaustion of Local Remedies 12. Use of Force * Tiering of severity * Principle of Non-Intervention * Threat or Use of Force * Exception 1: Self-Defence * Exception 2: Collective Security (UN Security Council) * Other Justifications * Just War Theory * History * Case Study: 2003 Invasion of Iraq * Implementation, Enforcement, Accountability * Problem/Question * Generally * Methods of dispute resolution * International Court of Justice