PUBLIC INTERNATIONAL LAW
Weekly Outline
WEEK 1A - NATURE + DEVELOPMENT
Reading:
- Shaw: ch 1+2, 4 (96-103, 135-138)
- EIL: UN charter, Lotus case, GA Resolution 2625 XXV
- ICJ reports 1970: Barcelona Traction case
Topics discussed:
• Nature and development
• Relationship between international and domestic law
Lotus Case
• Facts: Concerns a criminal trial which was the result of the 2 August 1926 collision
between the S.S. Lotus, a French steamship (or steamer), and the S.S. Bozkurt, a
Turkish steamer, in a region just north of Greece
• Issue: Turkey's jurisdiction to try Monsieur Demons, the French lieutenant on watch
duty at the time of the collision. Since the collision occurred on the high
seas, France claimed that the state whose flag the vessel flew had exclusive jurisdiction
over the matter.
• Judgement: The Court (Permanent Court of International Justice) rejected France’s
argument.
• Principle:
- General: sovereign states may act in any way they wish so long as they do not
contravene an explicit prohibition (foundation of PIL)
—> BUT High Seas Convention later said only the flag state or the state of
which the alleged offender was a national had jurisdiction over sailors
regarding incidents occurring in high seas
1. A State cannot exercise its jurisdiction outside its territory unless an
international treaty or customary law permits it to do so
2. Within its territory, a State may exercise its jurisdiction, in any matter, even if
there is no specific rule of international law permitting it to do so. In these
instances, States have a wide measure of discretion, which is only limited by
the prohibitive rules of international law
Barcelona Traction Case
• Facts: the right of Belgium to exercise diplomatic protection of Belgian shareholders in
a company which is a juristic entity incorporated in Canada
• Issue: obligations of a State towards the international community as a whole versus
those arising vis-à-vis another State in the field of diplomatic protection.
,PUBLIC INTERNATIONAL LAW
• Judgement: Obligation to protect foreign natural/juristic persons or investments in its
territory is neither absolute nor unqualified
GA Resolution 2625
• The Declaration on Principles of International Law concerning Friendly Relations and
Co-operation among States
• The Declaration worked out the most authoritative and comprehensive formulation so
far of the principle of self-determination
• Principles:
1. States shall refrain in their international relations from the threat or use of force
against the territorial integrity or political independence of any State
2. States shall settle their international disputes by peaceful means
3. States have the duty not to intervene in matters within the domestic jurisdiction
of any State
4. The duty of States to co-operate with one another
5. The principle of equal rights and self-determination of peoples
6. The principle of sovereign equality of States
7. States shall fulfil in good faith the obligations assumed by them
Shaw Reading
Chapter 1
Chapter 2
Chapter 4 (96-103, 135-138)
WEEK 1B - SOURCES
Reading:
Topics discussed:
- Article 38 Statute ICJ: overview
- Hierarchy in international law
- Soft law
, PUBLIC INTERNATIONAL LAW
Glossary
• Jus cogens: a norm from which no derogation is permitted
• Self-determination: people, based on respect for the principle of equal rights and
fair equality of opportunity, have the right to freely choose their sovereignty and
international political status with no interference
WG1: SOURCES
- Customary international law
- Judicial decisions
Weekly Outline
WEEK 1A - NATURE + DEVELOPMENT
Reading:
- Shaw: ch 1+2, 4 (96-103, 135-138)
- EIL: UN charter, Lotus case, GA Resolution 2625 XXV
- ICJ reports 1970: Barcelona Traction case
Topics discussed:
• Nature and development
• Relationship between international and domestic law
Lotus Case
• Facts: Concerns a criminal trial which was the result of the 2 August 1926 collision
between the S.S. Lotus, a French steamship (or steamer), and the S.S. Bozkurt, a
Turkish steamer, in a region just north of Greece
• Issue: Turkey's jurisdiction to try Monsieur Demons, the French lieutenant on watch
duty at the time of the collision. Since the collision occurred on the high
seas, France claimed that the state whose flag the vessel flew had exclusive jurisdiction
over the matter.
• Judgement: The Court (Permanent Court of International Justice) rejected France’s
argument.
• Principle:
- General: sovereign states may act in any way they wish so long as they do not
contravene an explicit prohibition (foundation of PIL)
—> BUT High Seas Convention later said only the flag state or the state of
which the alleged offender was a national had jurisdiction over sailors
regarding incidents occurring in high seas
1. A State cannot exercise its jurisdiction outside its territory unless an
international treaty or customary law permits it to do so
2. Within its territory, a State may exercise its jurisdiction, in any matter, even if
there is no specific rule of international law permitting it to do so. In these
instances, States have a wide measure of discretion, which is only limited by
the prohibitive rules of international law
Barcelona Traction Case
• Facts: the right of Belgium to exercise diplomatic protection of Belgian shareholders in
a company which is a juristic entity incorporated in Canada
• Issue: obligations of a State towards the international community as a whole versus
those arising vis-à-vis another State in the field of diplomatic protection.
,PUBLIC INTERNATIONAL LAW
• Judgement: Obligation to protect foreign natural/juristic persons or investments in its
territory is neither absolute nor unqualified
GA Resolution 2625
• The Declaration on Principles of International Law concerning Friendly Relations and
Co-operation among States
• The Declaration worked out the most authoritative and comprehensive formulation so
far of the principle of self-determination
• Principles:
1. States shall refrain in their international relations from the threat or use of force
against the territorial integrity or political independence of any State
2. States shall settle their international disputes by peaceful means
3. States have the duty not to intervene in matters within the domestic jurisdiction
of any State
4. The duty of States to co-operate with one another
5. The principle of equal rights and self-determination of peoples
6. The principle of sovereign equality of States
7. States shall fulfil in good faith the obligations assumed by them
Shaw Reading
Chapter 1
Chapter 2
Chapter 4 (96-103, 135-138)
WEEK 1B - SOURCES
Reading:
Topics discussed:
- Article 38 Statute ICJ: overview
- Hierarchy in international law
- Soft law
, PUBLIC INTERNATIONAL LAW
Glossary
• Jus cogens: a norm from which no derogation is permitted
• Self-determination: people, based on respect for the principle of equal rights and
fair equality of opportunity, have the right to freely choose their sovereignty and
international political status with no interference
WG1: SOURCES
- Customary international law
- Judicial decisions
