Programação

  • INTERNATIONAL LAW - 2017/1

  • Class 1 - 08.MAR.2017

    Presentation of the course

    1 Introduction to International Law (public and private)

    Sources

    Fundamentals

          Principles

  • Class 2 - 15.MAR.2017

    REQUIRED READING: Chapter 3

    2 International Treaties

    Definition and terminology

    Validity in Brazil

          Structure


  • Class 3 - 22.MAR.2017

    REQUIRED READING: chapters 1 - 2

    Discussion 1: question on page 29 - Get prepared! We will simulate a tribunal in class.

    State A has a bilateral agreement with State B, which provides for the reciprocal freedom of movement and financial transactions between their nationals in their respective territories. In application of this agreement, many nationals of State B have moved to State A, which is significantly more prosperous in national and other resources. In addition, State A has granted access to the authorities of State B to use its territory for some military exercises. After several years, the relationship between the two states deteriorates and State A decides to denounce the above treaty and expel all the nationals of State B established on its territory. In response, State B initiates proceedings before de ICJ claiming that State A has violated their bilateral agreement and corresponding customary law, the general principles of good faith and pacta sunt servanda, and finally the right to use State A's territory for military exercises. The basis of jurisdiction is the respective declarations under the optional clause of Art. 36 (2) ICJ Statute. However, State A has made a reservation excluding  the application of any bilateral treaty binding upon the parties to the dispute. 

    What will be the applicable law against which the Court will access the claims of State B?

    • I would like, during your preparation, you would choose one "side" of the action:

      - State A;

      - State B;

      - Judge at the International Court of Justice.

      We will discuss each of the questions from these 3 different point of view.

      A good way of getting prepared is uploading your position here before class. It is not mandatory, but it will be of help for you.

  • Class 4 - 29.MAR.2017

    3 International x Domestic Law

    REQUIRED READING: Chapter 4

    • Students should post in STOA a short commentary of some news going on about international issues preferably from the past week. The commentary must address the international law aspect involved in the case. Requirements:

      Indicate the news you based on;

      Indicate why you think it is relevant to be commented;

      Indicate what aspect of international law is involved in the situation.

      Maximum: 400 words. Use only arial/times new roman 12.

      Dates according to the schedule, maximum closing time: 2 p.m. (beginning of the class)

  • Class 5 - 05.APR.2017

    Discussion 2: question on p. 57 - GET PREPARED!

    Antonio is a national of country X who is accused of having committed the crime of nuclear terrorism He is captured by a British warship in international waters and is sent to the UK stand trial. The UK has ratified the convention against nuclear terrorism but has not passed implementing legislation. In any event, the crime itself is considered a serious offense under customary international law and most States in the world have adopted relevant provisions in their criminal statutes. To further compound the situation, the UN SC issues a list of names suspected of terrorism and demands that all UN member States arrest these persons (if found on their territory) and freeze their personal assets and those of close family members. Antonio is on this list. His wife receives housing and child care benefit in the UK because she is disabled. The UK government suspends these payments to his wife and children and offers them no judicial recourse to challenge the measures against them. Critically discuss whether:

    1) Antonio may be tried in the UK on the basis of the nuclear terrorism convention and whether the terms of the convention are enforceable in the UK's domestic legal order.

    2) Antonio may alternatively be tried in the UK on the basis of the customary nature of the crime of nuclear terrorism (your response should take into consideration the legal complexities of incorporating customary law into the UK legal order).

    3) A UN SC resolution overrides any domestic legislation to the contrary and whether under such circumstances a UN member State is nonetheless obliged to carry out the terms of the resolutions, AND

    4) the absence of judicial remedies and the freezing of assets that constitute the basis of a family's survival are legitimate under the case law of the CJEU. Are human rights considerations relevant to the reception of SC resolutions in the domestic order of UN member States?

    • I would like, during your preparation, you would choose one "side" of the action:

      - Lawyer for Mr. Antonio and his family;

      - Prosecutor in the UK;

      - Judge in the UK court.

      We will discuss each of the questions from these 3 different point of view.

      Moreover, I would also like you could come up with the answer for question 1 not only regarding the UK, but also for your home country - does your country have any law against terrorism into force? Could it judge Antonio?

      A good way of getting prepared is uploading your position here towards each of the 4 questions before class. It is not mandatory, but it will be of help for you.

  • Class 6 - 19.APR.2017

    3 Subjects of Public International Law

    3.1 International Organizations

    REQUIRED READING: Chapter 5

    • Students should post in STOA a short commentary of some news going on about international issues preferably from the past week. The commentary must address the international law aspect involved in the case. Requirements:

      Indicate the news you based on;

      Indicate why you think it is relevant to be commented;

      Indicate what aspect of international law is involved in the situation.

      Maximum: 400 words. Use only arial/times new roman 12.

      Dates according to the schedule, maximum closing time: 2 p.m. (beginning of the class)

  • Class 7 - 26.APR.2017

          3.2 Multinational Corporations

  • Class 8 - 03.MAY.2017

          3.3 State

    • Students should post in STOA a short commentary of some news going on about international issues preferably from the past week. The commentary must address the international law aspect involved in the case. Requirements:

      Indicate the news you based on;

      Indicate why you think it is relevant to be commented;

      Indicate what aspect of international law is involved in the situation.

      Maximum: 400 words. Use only arial/times new roman 12.

      Dates according to the schedule, maximum closing time: 2 p.m. (beginning of the class)

  • Class 9 - 10.MAY.2017

    3.3 State: territory

    REQUIRED READING: Chapter 8

    Discussion 3: UN has decided Argentina is allowed to extend its territory to 350 miles from the coast. This would include the area where the Falkland Islands lie. What would that extension mean for the territory dispute between Argentina and the UK? A Tribunal will be simulated in class.

    • I would like, during your preparation, you would choose one "side" of the action:

      - Argentina;

      - Judge at the United Nations;

      - Interested third party - any part that could be interested. You can make up and we may have more than one person/group intervening here.

      We will discuss each of the questions from these different points of view. we do not have to follow strictly what happened.

      A good way of getting prepared is uploading your position here before class. It is not mandatory, but it may be of help for you.

  • Class 10 - 17.MAY.2017

         3.3 State: state responsibility

                   International Conflicts: methods of solution

    REQUIRED READING: Chapter 9

    • Students should post in STOA a short commentary of some news going on about international issues preferably from the past week. The commentary must address the international law aspect involved in the case. Requirements:

      Indicate the news you based on;

      Indicate why you think it is relevant to be commented;

      Indicate what aspect of international law is involved in the situation.

      Maximum: 400 words. Use only arial/times new roman 12.

      Dates according to the schedule, maximum closing time: 2 p.m. (beginning of the class)

  • Class 11 - 24.MAY.2017

    REQUIRED READING: Chapters 10 - 11

    • Discussion 4: problem question on p. 127


      State A enters into a bilateral agreement with State B, which provides for the joint exploration and exploitation of resources within their continental shelf. After several years, State A faces un unprecedented and unforeseen economic crisis; its government decides that is should retain for the survival of its population the profits from the exploitation of the joint continental shelf. In response, State B, without any warning, freezes all the assets of nationals of State A within its territory; it also forcibly invades and occupies a small island belonging to State A.

      1) Does State A have a right to stop sharing the profits of the joint venture on its continental shelf in light of the economic crisis?

      2) Does State B have the right to freeze the assets and occupy the islands of State A?

      If you wish, you can post here the text you write in preparation for the discussion that will happen in class.

  • Class 12 - 31.MAY.2017

    3.4 Population

    REQUIRED READING: Chapter 6

    • Students should post in STOA a short commentary of some news going on about international issues preferably from the past week. The commentary must address the international law aspect involved in the case. Requirements:

      Indicate the news you based on;

      Indicate why you think it is relevant to be commented;

      Indicate what aspect of international law is involved in the situation.

      Maximum: 400 words. Use only arial/times new roman 12.

      Dates according to the schedule, maximum closing time: 2 p.m. (beginning of the class)

  • Class 13 - 07.JUN.2017

    3.4 Population


    REQUIRED READING: Chapter 7

  • Class 14 - 14.JUN.2017

    3.5 Foreigners

    • Case of Julian Assange, with political asylum in the Ecuadorian Embassy (search for information)

      Tribunal:

      - Julian Assange defense

      - Interested Parties (Sweden, the USA...)

      - The United Nations

      Write down the 3 different perspectives and also the other situations where there are asyled persons living in other Embassies around the world.

  • Class 15 - 21.JUN.2017

    4 Human Rights

    REQUIRED READING: Chapter 12


    Further reading: 

    How did a peace treaty from 1215 forge the freedoms of 2015?

    http://www.bbc.co.uk/guides/zpnvb9q#zsfbr82