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Public International Law — Overview

Issues of global law and justice are at the forefront of public debates to a greater degree than ever before. The prosecution of war crimes (both internationally and nationally), the legality of the use of force against States (e.g. Iraq), environmental protection, the scope of human rights protection (e.g. the ‘war on terrorism’), and the economic effects of globalisation promoted through the work of institutions such as the World Trade Organization are but a few of the areas where PIL has an important contribution to make.é

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For more detailed information about our work in this area, see also the dedicated PIL website

Forthcoming Subject Events


April 2014

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United Nations Commission of Inquiry into alleged Human Rights abuses in the Democratic People’s Republic of Korea
Speaker: HON MICHAEL KIRBY AC CMG, former Justice of the High Court of Australia
The Cube at 10:30
Oxford Human Rights Hub in conjunction with Public Law Discussion Group
Universality or Diversity of Human Rights? Strasbourg in the Age of Subsidiarity
Speaker: Judge Robert Spano, Judge Robert Spano
Jesus College Ship Street Auditorium at 16:00
Public International Law Discussion Group
Careers in Public International law - hosted by Public International Law Group
Speaker: Amy Roebuck Frey, Kate Jones & Emanuela-Chiara Gillard, Chair: Dapo Akande
Oxford Law Faculty The Cube at 17:00

May 2014

PIL Lunchtime Discussion Group
The effect of investment treaty arbitration on WTO dispute settlement: Tobacco plain packaging disputes and beyond
Speaker: Dr Anastasios Gourgourinis, University of Athens
Oxford Law Faculty The Cube (change of venue for Week 1 only) at 12:30
Department of Politics and International Relations
The New Terrain of International Law: Courts, Politics, Rights
Speaker: Karen Alter , Northwestern University Law School
Manor Road Social Sciences Building Lecture Theatre at 17:00
The Clarendon Law Lecture Series 2013/14 - Law and Globalization in conjunction with Oxford University Press
Lecture I: Law As Globalization
Speaker: Harold Koh
Pembroke College Pichette Auditorium at 17:00
PIL Lunchtime Discussion Group
The International Court of Justice's approach to injuries suffered by individuals
Speaker: Judge Giorgio Gaja, International Court of Justice
All Souls College The Old Library at 12:30
Oxford Human Rights Hub
New Human Rights Challenges in Countering Terrorism: a Council of Europe Perspective?
Speaker: Ivan Koedjikov, Head of Action against Crime Department, Council of Europe
Oxford Law Faculty TBC at 13:00
PIL Lunchtime Discussion Group
Arbitrary Detention in International Law
Speaker: Professor Mads Andenas , University of Oslo
All Souls College The Old Library at 12:30
Refugee Studies Centre
Statelessness and International Law
Speaker: Dr Cathryn Costello, University of Oxford
Oxford Department of International Development
PIL Lunchtime Discussion Group
Controlling International Organizations: Between Function and Virtue?
Speaker: Professor Jan Klabbers, University of Helsinki
All Souls College The Old Library at 12:30

July 2014


Hague Academy of International Law - 2014 Summer Course - Public International Law
Speaker: Various
Hague Academy at
Department for Continuing Education
Summer school - International Human Rights Law
Refugee Studies Centre
Humanitarian Innovation Conference
Speaker: Presenter/Convenor: Humanitarian Innovation Project
Keble College at 09:00

News

"Economic, Social, and Cultural Rights in International Law: Contemporary Issues and Challenges", Dr Gilles Giacca

photo of Gilles Giacca

Dr Gilles Giacca (Programme Co-ordinator of the Human Rights for Future Generations programme) co-edited a book titled "Economic, Social, and Cultural Rights in International Law: Contemporary Issues and Challenges" (Oxford University Press) […]

Oxford Global Justice Internship Programme 2014

The Oxford Global Justice Internship Programme 2014 is a new programme initiated by the Public International Law Group within the Oxford Law Faculty […]

High-level Meeting: Responsibility to Protect and Human Rights


The HRFG [http://www.humanrights.ox.ac.uk/] hosted a High-level experts meeting with the Special Adviser to the UN Secretary-General on the Responsibility to Protect, Jennifer Welsh.The meeting involved approximately 22 participants, including prominent legal specialists and scholars, and senior representatives from the OHCHR, Non-Governmental Organizations, and the ICRC […]

Promoting and Protecting Education in Situations of Armed Conflict

On the occasion of the Human Rights Council’s 25th session, which was dedicated to “access to justice for children”, a study, co-authored by Dr Gilles Giacca, on the United Nations human rights mechanisms and education in armed conflict was launched in Geneva […]

Is it fair to compare Crimea to other territorial disputes?

Antonios Tzanakopoulos of PIL at Oxford participated in the BBC World Service "World Have Your Say" programme on comparing Crimea with Kosovo and other similar disputes […]

University of Oxford team wins the UK National Championship of the Jessup International Law Moot Court Competition

A team from the University of Oxford won the United Kingdom National Championship of the 55th Philip C […]

Human Rights and French Burqa Ban

Dr Eirik Bjorge, Shaw Foundation Junior Research Fellow at Jesus College and a member of Oxford's PIL community, was interviewed by Radio France (07:00 on 27 November) in connection with an ongoing case before the Grand Chamber of the European Court of Human Rights at Strasbourg […]

Would Intervention in Syria be Legal?

Dapo Akande (University Lecturer in Public International Law and Co-Director of the Oxford Institute for Ethics, Law and Armed Conflict (ELAC) and the Oxford Martins Programme on Human Rights for Future Generations) has given a wide range of media interviews on the question of the legality of military action in Syria […]

Targeted Killings, Drones and the Right of Life

In July, the Oxford Institute for Ethics, Law and Armed Conflict (ELAC) and the Oxford Martin School's Programme on Human Rights for Future Generations (HRFG) hosted a closed expert meeting with the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, on the topic of "Targeted Killings, Drones and the Right of Life" […]

ICJ Traineeship Programme – Emma Dunlop

In May 2013 Emma Dunlop (St Anne's College) completed a nine month traineeship in the International Court of Justice as the University of Oxford candidate under the Court’s Traineeship Programme […]

Dapo Akande Elected to the Board of Editors of the American Journal of International Law

Dapo Akande has been elected to the Board of Editors of the American Journal of International Law (AJIL) […]

Funded Internship at the International Court of Justice 2013-14

The Oxford Law Faculty is one of a group of leading law faculties around the world invited by the International Court of Justice (ICJ) to participate in the ICJ's "traineeship" programme […]

United Nations Under-Secretary General for Legal Affairs Patricia O'Brien delivers Inaugural Oxford Global Justice Lecture

On Friday April 12 Patricia O’Brien, the United Nations Under-Secretary General for Legal Affairs and UN Legal Counsel, delivered the first Oxford Global Justice Lecture […]

International Lawyers Gather in Oxford for Major Conference

On April 12-13, over 160 international lawyers gathered in Oxford for the Annual Conference of the International Law Association (British Branch).The theme of the conference was “The Changing Nature of Global Governance: International Institutions in the International Legal Order” […]

Oxford Students Visit The Hague, April 2013

A group of BCL/MJur students from the University of Oxford and LLM students from the University of Glasgow visited The Hague between 16-18 April 2013 in a trip organised by the conveners of the International Dispute Settlement courses at the two universities (Antonios Tzanakopoulos and Christian J Tams, respectively) […]

Oxford Participates in the International Rounds of Jessup Moot Court Competition

The four-member University of Oxford team comprising of second year undergraduate students Rajkiran Barhey (Hertford), Jiahui Huang (Magdalen), Danny Tang (Harris Manchester) and Daryl Ho (Balliol) participated in the international rounds of the 54th Philip C […]

Unfinished business? The final diplomatic conference on the Arms Trade Treaty

photo of Gilles Giacca

Programme Co-ordinator of the Oxford Martin School Programme on Human Rights for Future Generations Dr Gilles Giacca is closely following the United Nations Conference on the Arms Trade Treaty in New York […]

Volterra Fietta Scholarship in Public International Law

The Faculty of Law is delighted to announce the creation of the Volterra Fietta Scholarship in Public International Law […]

Discussion Groups

These self-sustaining groups are an essential part of the life of our graduate school. They are organised in some cases by graduate students and in others by Faculty members and meet regularly during term, typically over a sandwich lunch, when one of the group presents work in progress or introduces a discussion of a particular issue or new case. They may also encompass guest speakers from the faculty and beyond.

Public International Law Discussion Group

Publications

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2014

A Tzanakopoulos, 'Domestic Judicial Law-Making' in CM Brölmann and Y Radi (eds), Research Handbook on the Theory and Practice of International Law-Making (Edward Elgar 2014) (forthcoming) [...]

This contribution to the Research Handbook on the Theory and Practice of International Law-Making discusses the law-making potential of domestic courts. Given the seemingly strict 'dualist' approach of international law to domestic law and domestic court decisions ('merely facts'), the paper demonstrates the modest international law-developing function of domestic courts: it first details their methods in engaging international law, and then discusses the impact of such engagement. It concludes that domestic courts may, in terms of content, fine-tune rules of international law rather than set grand principles. In terms of process, this is done by 'suggesting' the fine-tuning, rather than in any way single-handedly developing international law.


G. Giacca, 'Economic, Social and Cultural Rights in Occupied Territories' in A. Clapham, P. Gaeta and M. Sassòli (eds), The 1949 Geneva Conventions: A Commentary (Oxford University Press 2014) (forthcoming)

J Vidmar, 'Judicial Interpretations of Democracy in Human Rights Treaties' (2014) Cambridge Journal of International and Comparative Law (forthcoming)

A Tzanakopoulos, 'L'intervention du Conseil de sécurité dans les conflits internes' in C Bannelier and C Pison (eds), Le recours à la force autorisé par le Conseil de sécurité: droit et responsabilité (Pedone 2014) [...]

This brief paper, based on a conference presentation, discusses the legal limits to the powers of the Security Council to intervene in 'domestic conflicts'. Most importantly, it focus on the control of these limits by the UN member States. It concludes the UN members may control the decisions of the Council to intervene in domestic conflicts it considers to constitute 'threats to the peace' in a decentralised manner.

This brief paper, based on a conference presentation, discusses the legal limits to the powers of the Security Council to intervene in 'domestic conflicts'. Most importantly, it focus on the control of these limits by the UN member States. It concludes the UN members may control the decisions of the Council to intervene in domestic conflicts it considers to constitute 'threats to the peace' in a decentralised manner.


ISBN: 978-2-233-00706-3

J Dill, Legitimate Targets? Social Construction, International Law and US Bombing Cambridge Studies in International Relations, Cambridge: Cambridge University Press, forthcoming in October 2014 ( 2014)

A Tzanakopoulos, 'National Treatment and MFN in the (Invisible) EU Model BIT' (2014) 15 Journal of World Investment & Trade (forthcoming) [...]

This article discusses the potential provisions on national treatment and MFN to be included in a future EU Model BIT against the background of the leaked draft text of the Canada-EU Comprehensive Economic and Trade Agreement (CETA) investment chapter. It concludes that the EU treaty practice seems to be closer to investment protection models influenced by NAFTA, such as those prevalent in the Canada and US Model BITs, and that a future EU Model BIT along these lines will depart significantly from the investment treaty practice of EU Member States.


ISBN: 1660-7112

S-I Lekkas and A Tzanakopoulos, 'Pacta sunt servanda versus Flexibility in the Suspension and Termination of Treaties' in CJ Tams, A Tzanakopoulos and A Zimmermann (eds), Research Handbook on the Law of Treaties (Edward Elgar 2014) (forthcoming) [...]

This paper explores the presumptive tension between the pacta sunt servanda rule (the rule that commitments ought to be honoured) and the possibility for unilateral or consensual suspension or termination of treaties. It argues that the pacta sunt servanda rule seems able to accommodate the various methods of suspension or termination: under the general international law of treaties, termination or suspension is not actually unilateral; only the invocation of relevant grounds is. Further, both grounds for suspension or termination, as well as defences under the law of responsibility (which achieve results similar to suspension) are narrow and thus hard to invoke successfully. Finally, the law allows states to devise their own exit clauses in treaties. This leads to very broad exit clauses allowing for unilateral termination or withdrawal. This however being part of the pactum, it does not formally put pressure on the pacta sunt servanda rule.


A Tzanakopoulos, 'Préambule' in R Kolb (ed), Le Pacte de la Société des Nations : Commentaire article par article (Pedone 2014) (forthcoming) [...]

Commentary of the Preamble of the League of Nations Covenant in French.

F Baetens, M Milanovic and A Tzanakopoulos, 'Présentation' (2014) A Pellet, Le droit international entre souveraineté et communauté, Pedone 3 [...]

This is a presentation/preface to Alain Pellet's publication of a selection of his most important works.

ISBN: 978-2-233-00711-7

CJ Tams, A Tzanakopoulos and A Zimmermann (eds), Research Handbook on the Law of Treaties (Edward Elgar 2014) (forthcoming) [...]

The Research Handbook on the Law of Treaties is a collection of essays on fundamental issues in international treaty law. The Research Handbook´s main objective is to identify key challenges facing the modern law of treaties and to assess future directions that the law will take. The main themes of the Handbook revolve around the spatial, personal and temporal dimensions of treaties, the tensions that arise due to the need for flexibility in treaty relations, the interaction between treaty regimes and the potential ruptures, as well as the expansion of treaty law to international organisations, corporations and individuals. Each chapter includes an 'agenda for research', highlighting areas where future work may prove fruitful.


ISBN: 978 0 85793 478 9

D Sarooshi, Responsibility and Remedies for the Unlawful Acts of International Organizations (D Sarooshi, Martinus Nijhoff, Hague Academy of International Law Imprint 2014) (forthcoming)

D Sarooshi, 'Responsibility, Immunities, and Remedies for the Acts of International Organizations' in D. Sarooshi (ed), Responsibility, Immunities, and Remedies for the Acts of International Organizations (Martinus Nijhoff, Hague Academy of International Law Imprint 2014) (forthcoming)

J Vidmar, 'States, Governments, and Collective Recognition' (2014) Chinese (Taiwan) Yearbook of International Law and Affairs (forthcoming)

A. Clapham, S. Casey-Maslen, G. Giacca and S. Parker, The Arms Trade Treaty: A Commentary (Oxford University Press 2014) (forthcoming)

G. Giacca, 'The Obligation to Respect, Protect, Collect and Care for ' in A. Clapham, P. Gaeta and M. Sassòli (eds), The 1949 Geneva Conventions: A Commentary (Oxford University Press 2014) (forthcoming)

J Vidmar, 'The Scottish Independence Referendum in an International Context' (2014) 51 Canadian Yearbook of International Law (forthcoming)

A Tzanakopoulos, 'The Solange Argument as a Justification for Disobeying the Security Council in the Kadi Judgments' in M Avbelj, F Fontanelli and G Martinico (eds), Kadi on Trial: A Multifaceted Analysis of the Kadi Judgment (Routledge 2014) [...]

The Kadi judgments of the courts of the EU have received enormous scholarly attention and have had significant practical impact. And reasonably so: they are landmark decisions, with numerous implications for several crucial issues, from the relationship between different legal orders to the primacy of Security Council decisions, from the required level of protection of fundamental human rights in the application of coercive measures against individuals to the competence of the EU, and so forth. This brief study focuses on one particular aspect of the Kadi decisions: their employment of the Solange argument as a justification for disobeying the Security Council by not implementing its binding decisions.


ISBN: 978-0-415-64031-2

CJ Tams and A Tzanakopoulos, 'Use of Force' in J d'Apremont, J Kammerhofer (eds), International Legal Positivism in a Postmodern World (Cambridge University Press 2014) (forthcoming) [...]

The paper assesses the legal regime governing recourse to force from the perspective of 'contemporary positivism'. It provides a basic introduction to positivist international law and its critique and charts how positivism, faced with decades of anti-positivist critique, has adjusted itself. More specifically, it analyses how in response to criticism, positivism has embraced a more 'liberal' approach to the identification of sources. Applying these findings to the specific problem of military force, the paper outlines the main challenges facing a positivist understanding of the jus ad bellum. These are (i) the loss of predictability of the legal rules (''anything goes"), which is a consequence of the liberalisation of sources; and (ii) the attraction, even among positivist scholars, to invoke "quasi-legal" arguments based on legitimacy, morals or political necessity.


ISBN: 9781107019263

2013

D Akande and Thomas Lieflaender, 'Clarifying Necessity, Imminence, and Proportionality in the Law of Self-Defense' (2013) 107 American Journal of International Law 563

E De Wet and J Vidmar, 'Conflicts between International Paradigms: Hierarchy versus Systemic Integration' (2013) Global Constitutionalism 196

J Vidmar, 'Democracy and Regime-Change in the post-Cold War International Law' (2013) New Zealand Journal of Public and International Law 349

J Vidmar, Democratic Statehood in International Law: The Emergence of New States in Post-Cold War Practice (Hart Publishing 2013)

A Tzanakopoulos, 'Deutscher Blick auf die UN-Charta' (2013) 61 Vereinte Nationen 234   [Review] [...]

Book review of the third edition of B Simma et al (eds) The UN Charter: A Commentary (OUP, Oxford 2012).

Buchbesprechung der 3. Auflage des UN-Charta Kommentars von Simma et al.


ISBN: 0042-384X

A Tzanakopoulos and CJ Tams, 'Domestic Courts as Agents of Development of International Law' (2013) 26 Leiden Journal of International Law 531 [...]

DOI: 10.1017/S0922156513000228

The introductory paper to a symposium issue of the Leiden Journal of International Law, edited by the authors, dealing with the function of domestic courts as agents for the development of international law. The paper 'sets the scene' for the contributions to the symposium, which seek to trace the impact of domestic courts in the development of canonical areas of international law, such as jurisdiction, immunity, state responsibility, the law of international organisations/human rights, and the law of armed conflict/conduct of hostilities. It discusses the formal quality and actual influence of domestic court decisions on the development of international law, and introduces the concept of 'agents' of international law development. This is the analytical perspective that the contributions to the symposium adopt.


ISBN: 0922-1565

J Vidmar, 'EU-UK-Scotland: How Two Referenda Created a Complicated Love Triangle' (2013) EJIL Talk!

A Tzanakopoulos, 'Falling Short: UN Security Council Delisting Procedural Reforms Before European Courts' (Sanctions & Security Research Program 2013) [...]

A Report prepared for the KROC Institute's Sanctions and Security Research Program, assessing reforms to the 1267/1989 sanctions regime of the Security Council against the standards required by European Courts, including the Court of Justice of the European Union and the European Court of Human Rights.


A Tzanakopoulos, 'Greek Court Acquits Immigrants Who Escaped Appalling Detention Conditions' (2013) EJIL: Talk!

J Vidmar, 'Human Rights and Democratic Legitimacy of Governments in International Law: Practice of States and UN Organs' in Panara, Wilson (eds), The 'Arab Spring': New Patterns for Democracy in International Law (M Nijhoff 2013)

D Sarooshi, 'International Organizations and State Responsibility' in M. Ragazzi (ed), The Responsibility of International Organizations: Essays in memory of Sir Ian Brownlie (Martinus Nijhoff 2013) (forthcoming)

D Sarooshi and A. Tzanakopoulos, 'International Organizations before United Kingdom Courts' in August Reinisch and Gregor Novak (eds), Transnational Judicial Dialogue of Domestic Courts on International Organizations ( 2013)

A Tzanakopoulos, 'Kadi Showdown: Substantive Review of (UN) Sanctions by the ECJ' (2013) EJIL: Talk! [...]

Comment on the ECJ's decision in Kadi II.


A Tzanakopoulos, 'L'invocation de la théorie des contre-mesures en tant que justification de la désobéissance au Conseil de sécurité' (2013) 46 Revue belge de droit international 78 [...]

This paper discusses (in French) whether countermeasures can be invoked as a justification for disobeying binding decisions of the Security Council under Chapter VII of the UN Charter. The first part establishes how the Security Council may engage the international responsibility of the UN and who should be allowed to determine that such engagement has in fact taken place. The second part argues that disobedience of illegal sanctions adopted by the Council may be justified under international law as a countermeasure in response to the Council's (the UN's) internationally wrongful act.


ISBN: 0035-0788

J Vidmar, 'Palestine and the Conceptual Problem of Implicit Statehood' (2013) 12 Chinese Journal of International Law 19

G S Goodwin-Gill, Palestine, UN Membership and Popular Representation: International Legal Challenges and Strategic Options (Mutaz Qafisheh, Cambridge Scholars Publishing 2013)

D Sarooshi, 'Provisional Measures and Investment Treaty Arbitration' (2013) 29 Arbitration International 361

J Vidmar, 'Rethinking Jus Cogens after Germany v. Italy: Back to Article 53?' (2013) 60 Netherlands International Law Review 1

Bjorge, 'Right for the Wrong Reasons: Silih v Slovenia and Jurisdiction Ratione Temporis in the European Court of Human Rights' in British Yearbook of International Law ( 2013)

A Tzanakopoulos, 'Sharing Responsibility for UN Targeted Sanctions' (2013) SHARES Blog [...]

This blog entry is based on a talk delivered at the University of Amsterdam in the framework of the SHARES (shared responsibility) project. It discusses how responsibility is shared between the UN and member-States for the adoption and implementation of UN sanctions under Chapter VII of the Charter.


J Vidmar, 'Territorial Integrity and the Law of Statehood' (2013) 44 George Washington International Law Review 697

A Tzanakopoulos, 'The Countermeasure of Disobedience: Implementing the Responsibility of International Organisations' in M Ragazzi (ed), The Responsibility of International Organisations: Essays in Memory of Sir Ian Brownlie (Martinus Nijhoff Publishers 2013) [...]

DOI: 10.1163/9789004256088_031

This short study in memory of Sir Ian Brownlie QC discusses the countermeasure of disobedience as a means of implementation of the responsibility of international organisations. Focusing on Security Council sanctions under Chapter VII of the Charter, it argues that actions of the Security Council may be illegal and thus engage the responsibility of the UN. It then argues that disobedience of such sanctions on the part of States may qualify as a countermeasure against the Organisation. This legal characterisation of disobedience has significant advantages over the 'invalidity theory' in that it subjects decentralised reaction to a specific legal framework.


ISBN: 9789004256071

Bjorge, 'The Courts and the ECHR: A Principled Approach to the Strasbourg Jurisprudence' (2013)

AV Lowe and A Tzanakopoulos, 'The Development of the Law of the Sea by the International Court of Justice' in J Sloan and CJ Tams (eds), The Development of International Law by the International Court of Justice (Oxford University Press 2013) [...]

This paper surveys and evaluates the contribution of the International Court of Justice to the development of the (public international) law of the sea. It does so by comparing the Court's contribution as against other 'competing' agents of development of international law, ie other adjudicators, codifiers, regulators, and lawmakers. It concludes that the impact of the Court on the law of the sea has not been great, and is now diminishing. However, it argues that the more important contribution of the Court lies less in its influence on the development of the law, and more in its authority in consolidating it.


ISBN: 978-0-19-965321-8

A Tzanakopoulos, 'The Permanent Court of International Justice and the “International Community”' in M Fitzmaurice, CJ Tams (eds), Legacies of the Permanent Court of International Justice (Martinus Nijhoff Publishers 2013) [...]

DOI: 10.1163/9789004244948_015

The purpose of this brief study is to gauge what the Permanent Court of Internation-al Justice might have had to say about the nebulous concept of the ‘international community’, as the Court administering the law of that community, but also developing it, thereby contributing to the stabilization and further integration of that community. This is done by ‘reverse-engineering’ the jurisprudence of the PCIJ, seeking to canvass how the Court understood the concept of the 'international community' and how it would have wanted it to evolve. The study surveys the Court’s case law for what are commonly accepted as the ‘hallmarks’ of an (international) community, or at least those commonly associated with the idea: the make-up of the community; the concept of obligations and action in the ‘general’ interest; and the existence of institutions providing protection of the community interest.


ISBN: 9789004244931

R O'Keefe, CJ Tams and A Tzanakopoulos (eds), The United Nations Convention on Jurisdictional Immunities of States and their Property: A Commentary (Oxford University Press 2013) [...]

Article-by-article commentary of the 2004 UN Convention on Jurisdictional Immunities of States and their Property.


ISBN: 978-0-19-960183-7

A Tzanakopoulos, 'Transparency in the UN Security Council' in A Bianchi, A Peters (eds), Transparency in International Law (Cambridge University Press 2013) [...]

DOI: 10.1017/CBO9781139108843.021

This paper discusses transparency in the working method of the United Nations Security Council. It describes the institutional design of the organ and the evolution of Security Council powers, and seeks to identify whether there is an obligation for the Council to act in a transparent manner in the exercise of its powers. The paper argues that transparency is an 'ancillary' obligation incumbent on the Council, to allow for decentralised control over the exercise of its powers by Member States of the UN. Transparency having no independent normative charge, we do not how much of it is good -- this is determined by a pattern of protest and reaction between the Security Council and the Member States called upon to implement its decisions.


ISBN: 978-1107021389

J Vidmar, 'Unilateral Declarations of Independence in International Law' in French (ed), Statehood, Self-Determination and Minorities: Reconciling Tradition and Modernity in International Law (Cambridge University Press 2013)

J Vidmar, 'Unilateral Secession in a Multipolar World' (2013) 107 Proceedings of the American Society of International Law (forthcoming)

D Sarooshi and A Tzanakopoulos, 'United Kingdom' in A Reinisch (ed), The Privileges and Immunities of International Organizations in Domestic Courts (Oxford University Press 2013) [...]

DOI: 10.1093/acprof:oso/9780199679409.003.0016

This paper surveys and analyses the case law of United Kingdom courts on questions of personality and immunity of international organizations, as well as on the question of liability of members for the acts of the organization, focusing in particular on the various cases surrounding the collapse of the International Tin Council in the 1980s.


ISBN: 978-0-19-967940-9

2012

E. Riedel and G. Giacca, 'Article 68' in Bruno Simma et al. (ed), The Charter of the United Nations - A Commentary, (Oxford University Press 2012)

D Akande, 'Classification of Armed Conflicts: Relevant Legal Concepts' in Wilmshurst (ed), International Law and the Classification of Conflicts (OUP 2012) [...]

International humanitarian law governs the conduct of participants in an armed conflict. In order to determine whether it applies to situations of violence it is necessary to assess first of all whether the situation amounts to an ‘armed conflict’. However, international humanitarian law does not recognize a unitary concept of armed conflict but, rather, recognizes two types of armed conflicts: international and non-international. This chapter examines the history of the distinction between these two categories of armed conflict, the consequences of the distinction and whether it still has validity. The chapter then discusses legal concepts relevant to the two categories, including the differences between a non-international conflict and other violence, extraterritorial hostilities by one State against a non-state armed group and conflicts in which multinational forces are engaged. All these concepts are relevant to the understanding of the case studies which are the focus of the rest of the book.


ISBN: 978-0-19-965775-9

A Tzanakopoulos, 'Collective Security and Human Rights' in E de Wet, J Vidmar (eds), Hierarchy in International Law - The Place of Human Rights (Oxford University Press 2012) [...]

DOI: 10.1093/acprof:oso/9780199647071.003.0003

When the Security Council imposes binding obligations through decisions adopted under Chapter VII of the UN Charter it may impact on internationally protected human rights and the corresponding obligations of UN member states to respect these rights. Member states are then faced with potentially conflicting obligations. This contribution surveys the respective position of Security Council measures and human rights obligations in the (emergent) normative hierarchy of international law. It defines normative conflict and discusses state practice in order to establish whether Article 103 of the UN Charter is a conflict or a hierarchy rule and whether human rights obligations are subordinate to Security Council measures.


ISBN: 978-0-19-964707-1

J Vidmar, 'Conceptualizing Declarations of Independence in International Law' (2012) Oxford Journal of Legal Studies 153

E De Wet and J Vidmar, 'Conclusions' in E De Wet, J Vidmar (eds), Hierarchy in International Law: The Place of Human Rights (Oxford University Press 2012)

J Vidmar, 'Does General Assembly Resolution 67/19 Have Any Implications for the Legal Status of Palestine?' (2012) EJIL Talk!

A Tzanakopoulos, 'Domestic Courts as the “Natural Judge” of International Law: A Change in Physiognomy' in JR Crawford, S Nouwen (eds), Select Proceedings of the European Society of International Law (Hart Publishing 2012) [...]

This paper examines whether domestic courts can be cast as the ‘natural judges’ of international law. ‘Natural judge’ is meant here in the sense of the ‘immediate,’ ‘ordinary’ judge of international law, who can only be removed through a centrally instituted judge. Given the lack of a centrally organized international judicial system, the suggestion that domestic courts are the ‘ordinary judges’ of international law has significant repercussions on the physiognomy of the international legal system. Despite the fact that in some of the decisions the reasoning of the courts is based solely on domestic law, the domestic law relied on - typically fundamental rights - is of universal radiance, as evidenced by almost universally ratified treaties and customary international law. Domestic courts are then in fact applying law based on internationally agreed standards as the immediate judges, offering effective remedies for the violation of rights influenced or shaped by, or interpreted under, international law. This trend can signify the move to a more effective application of international law, one taking place in court, even if a domestic court, rather than by a decision of the executive to invoke responsibility of another actor, or bring an international claim.


ISBN: 9781849462020

AV Lowe and A Tzanakopoulos, 'Economic Warfare' in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (Oxford University Press 2012) [...]

This entry discusses economic measures which aim at reducing or destroying the enemy's war-fighting capability during armed conflict ('traditional' economic warfare) as well as peacetime measures which closely resemble traditional economic warfare, such as embargoes and collective economic sanctions.


ISBN: 978-0-19-929168-7

J Vidmar, 'Explaining the Legal Effects of Recognition' (2012) International and Comparative Law Quarterly 361

E De Wet and J Vidmar, Hierarchy in International Law: The Place of Human Rights (Oxford University Press 2012)

AV Lowe and A Tzanakopoulos, 'Humanitarian Intervention' in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (Oxford University Press 2012) [...]

This entry discusses 'humanitarian intervention' as an autonomous justification for the use of force in international law.


ISBN: 978-0-19-929168-7

E De Wet and J Vidmar, 'Introduction' in E De Wet, J Vidmar (eds), Hierarchy in International Law: The Place of Human Rights (Oxford University Press 2012)

A Tzanakopoulos, 'Judicial Dialogue in Multi-level Governance: the Impact of the Solange Argument' in OK Fauchald, A Nollkaemper (eds), The Practice of International and National Courts and the (De-) Fragmentation of International Law (Hart Publishing 2012) [...]

States increasingly 'contract out' their governmental authority in favour of international organizations. As a result, remedies available under domestic law to individuals and legal entities may no longer be available, leaving them without redress. (Domestic) courts have devised a method to react to such diminution of their jurisdiction, which at the same time comprises a message for various addressees and engages a dialogue on multiple levels. This method is shaped by the spirit and thrust of the argument the German Constitutional Court put forward in its Solange jurisprudence, and has the potential of fostering a harmonization of domestic and international law, as well as that of establishing a rudimentary normative hierarchy at the international level.


ISBN: 9781849462471

AV Lowe and A Tzanakopoulos, 'Minquiers and Ecrehos Case' in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (Oxford University Press 2012)

J Vidmar, 'Norm Conflicts and Hierarchy in International Law: Towards a Vertical International Legal System' in E De Wet, J Vidmar (eds), Hierarchy in International Law: The Place of Human Rights (Oxford University Press 2012)

A Tzanakopoulos, 'Principles on the Engagement of Domestic Courts with International Law: Preliminary Report of the ILA Study Group' (Report of the Seventy-Fifth Conference of the International Law Association 971 2012) [...]

This is the Preliminary Report of the Study Group on Principles on Engagement of Domestic Courts with International Law. It sets out the Study Group's underlying considerations and seeks to distill a set of principles which guide domestic court engagement with international law. It will be used by the Study Group as guidance for the completion of a number of national and thematic studies, which will then feed into the Study Group's final report.


ISBN: 0074-6738

D Akande, 'Several short pieces, notes and comments on EJIL:Talk!' (2012) Blog of the European Journal of International Law

AV Lowe and A Tzanakopoulos, 'Ships, Visit and Search' in R Wolfrum (ed), Max Planck Encyclopedia of Public International Law (Oxford University Press 2012) [...]

This entry surveys the right of visit and search of foreign merchant ships on the high seas under the traditional law of war, in the context of collective security, and during peacetime.


ISBN: 978-0-19-929168-7

J Dill, 'Should international law ensure the moral acceptability of war?' (2012) Leiden Journal of International Law (forthcoming) [...]

Jeff McMahan’s challenge to the longstanding orthodoxy about the right way to conduct war has fallen on fertile grounds because it is an attempt to apply to the use of force between states a moral standard whose pertinence to international relations is decreasingly contestable and which regulation by international law (IL) is, therefore, under pressure to afford: the preservation of individual rights. This compelling endeavour is at an impasse given the admission of many ethicists that it is currently impossible for international humanitarian law (IHL) to regulate killing in war with a view to individuals’ liability. IHL’s failure to consistently protect individual rights, specifically its shortfall compared to human rights law, has led to challenges also by international lawyers. This paper identifies the features of war that ground the inability of IL to regulate it to a level of moral acceptability and characterises such situations as presenting an epistemically cloaked forced choice regarding the preservation of individual rights. Commitment to the above moral standard then means that IL should not prejudge the outcome of such quintessential wars and must, somewhat paradoxically, diverge from morality. In showing that many confrontations between states inevitably take the form of such epistemically cloaked forced choices, the paper contests the argument by revisionist just war theories that the failure of IL to track a deep morality of war is merely a function of contingent institutional desiderata. Symmetrical IHL with its current moral limitations has a continuing role to play in international relations.


J Vidmar, 'South Sudan and the International Legal Framework Governing the Emergence and Delimitation of New States' (2012) Texas International Law Journal 541

AV Lowe and A Tzanakopoulos, 'The Abyei Arbitration' in The Abyei Arbitration (The Government of Sudan / The Sudan People's Liberation Movement/Army): Final Award of 2009 (Permanent Court of Arbitration 2012) [...]

An introduction to, and commentary of, the main findings of the Tribunal in the Abyei Arbitration between the Government of Sudan and the Sudan People's Liberation Movement/Army (Award of 22 July 2009), along with a brief consideration of the Award's (and the dispute's) aftermath.


ISBN: 978-94-91021-02-2

D Akande, 'The Effect of Security Council Resolutions and Domestic Proceedings on State Obligations to Cooperate with the ICC' (2012) 10 Journal of International Criminal Justice 299 [...]

The article considers whether the obligations of states, which have been referred to the International Criminal Court (ICC) by the United Nations Security Council, are the same as the cooperation obligations of states parties to the ICC Statute. It is argued that despite the lack of clarity in the resolutions referring the situation in Darfur and in Libya to the ICC, the better view is that the obligation imposed on Sudan and Libya to 'cooperate fully' with the ICC should be regarded as an obligation to cooperate in accordance with the provisions of the ICC Statute. This means that those states are entitled to benefit from those limited provisions of the ICC Statute that permit a refusal to cooperate with the Court or permit the state to postpone the execution of a request by the Court for assistance. The article also considers the interaction between the obligations of states to cooperate with the ICC and domestic proceedings against those sought for ICC prosecution. It considers the extent to which the obligation of cooperation may be suspended by an admissibility challenge and addresses whether the permission to suspend the obligation of cooperation may extend to a suspension of the obligation to surrender an accused person to the ICC.


ISBN: 1478-1387

CJ Tams and A Tzanakopoulos (eds), The Settlement of International Disputes - Basic Documents (Hart Publishing 2012) [...]

This collection of documents brings together a large number of primary sources on the peaceful settlement of disputes in a usable and affordable format. The documents included reflect the diverse techniques of international dispute settlement, as recognised in Articles 2(3) and 33 of the UN Charter, such as negotiation, mediation, arbitration and adjudication. The book comprises the most relevant multilateral treaties establishing dispute settlement regimes, as well as examples of special agreements, compromissory clauses, optional clause declarations and relevant resolutions of international organisations. It covers both diplomatic and adjudicative methods of dispute settlement and follows a basic division between general dispute settlement mechanisms, and sectoral regimes in fields such as human rights, WTO law, investment, law of the sea, environmental law and arms control. The book is the first widely-available collection of key documents on dispute settlement. It is aimed at teachers, students and practitioners of international law and related disciplines.


ISBN: 9781849463034

D Sarooshi, 'The United Nations Security Council' in J. Krieger, et al (eds), The Oxford Companion to International Relations (Oxford University Press 2012)

S Wallerstein, 'War Aggression and Self-Defence by Y. Dinstein - Book Review' (2012) European human Rights Law Review   [Review]

S Wallerstein, 'Who Can Apply to Add Sites Situated in Disputed Territory to the World Heritage List?' (2012) Ejil: Talk!

2011

A Tzanakopoulos, 'Article 67—Convention of 1969' in O Corten, P Klein (eds), The Vienna Conventions on the Law of Treaties—A Commentary (Oxford University Press 2011) [...]

Commentary to Article 67 of the 1969 VCLT.


ISBN: 978-0-19-954664-0

A Tzanakopoulos, 'Article 68—Convention of 1969' in O Corten, P Klein (eds), The Vienna Conventions on the Law of Treaties—A Commentary (Oxford University Press 2011) [...]

Commentary to Article 68 of the 1969 VCLT.


ISBN: 978-0-19-954664-0

D Akande, C. Jalloh and M. du Plessis, 'Assessing the African Union Concerns about Article 16 of the Rome Statute of the International Criminal Court' (2011) 4 African Journal of Legal Studies 5 [...]

DOI: 10.1163/170873811X563947

This article assesses the African Union’s (AU) concerns about Article 16 of the Rome Statute of the International Criminal Court (ICC). It seeks to articulate a clearer picture of the law and politics of deferrals within the context of the AU’s repeated calls to the United Nations Security Council (UNSC, or the Council) to invoke Article 16 to suspend the processes initiated by the ICC against President Omar Al Bashir of Sudan. The UNSC’s failure to accede to the AU request led African States to formally withhold cooperation from the ICC in respect to the arrest and surrender of the Sudanese leader. Given the AU’s continued concerns, and the current impasse, fundamental questions have arisen about the Council’s authority to exercise, or not exercise, its deferral power. This culminated into a November 2009 African proposal for an amendment to the Rome Statute to empower the UN General Assembly to act should the UNSC fail to act on a deferral request after six months. Although ICC States Parties have so far shown limited public support for the AU’s proposed amendment to the deferral provision, this article examines its merits because a failure to engage the “Article 16 problem” could impact international accountability efforts in the Sudan, and further damage the ICC’s credibility in Africa. This unresolved issue also has wider significance given that the matters underlying the tension – how ICC prosecutions may be reconciled with peacemaking initiatives and the role and power of the Council in ICC business – will likely arise in future situations from around the world.


ISBN: 2210-9730

A Tzanakopoulos, 'Denunciation of the ICSID Convention under the General International Law of Treaties' in R Hofmann, CJ Tams (eds), International Investment Law and General International Law - From Clinical Isolation to Systemic Integration? (Nomos Verlagsgesellschaft 2011) [...]

Following recent denunciations of (withdrawals from) the ICSID Convention by Bolivia and Ecuador and the spate of academic commentary that followed, this paper considers denunciation from the ICSID Convention under the general international law of treaties. It is argued that self-contained interpretation of the provisions on denunciation of the ICSID Convention do not yield any compelling results, leaving contrary positions plausible. The general international law of treaties offers the decisive argument with respect to the effects of denunciation of the Convention, and helps determine whether ICSID jurisdiction can be established after the date of effective withdrawal from the Convention.


ISBN: 978-3-8329-6729-1

A Tzanakopoulos, Disobeying the Security Council - Countermeasures against Wrongful Sanctions (Oxford University Press 2011) [...]

DOI: 10.1093/acprof:oso/9780199600762.001.0001

This book examines how the United Nations Security Council, in exercising its power to impose binding non-forcible measures ('sanctions') under Article 41 of the UN Charter, may violate international law. The Council may overstep limits on its power imposed by the UN Charter itself and by general international law, including human rights guarentees. Such acts may engage the international responsibility of the United Nations, the organization of which the Security Council is an organ. Disobeying the Security Council discusses how and by whom the responsibility of the UN for unlawful Security Council sanctions can be determined; in other words, how the UN can be held to account for Security Council excesses.


ISBN: 978-0-19-960076-2

A Tzanakopoulos, 'Domestic Courts in International Law: the International Judicial Function of National Courts' (2011) 34 Loyola of Los Angeles International & Comparative Law Review 133 [...]

As the title suggests, this paper does not deal with 'international law in domestic courts' but rather with 'domestic courts in international law'. It seeks to ascertain whether domestic courts are assigned an international judicial function by international law, and whether and to what extent they are in fact assuming and exercising that function. The paper attempts to define the concept of an ‘international judicial function’ and argues that, because of the peculiar ‘directionality’ of a great many international obligations (which require implementation within the domestic jurisdiction), domestic courts are the first port of call and the last line of defense for the interpretation and application of international law. However, as organs of States, courts may engage the international responsibility of the State if their conduct results in the breach of an international obligation. This is why the exercise of the international judicial function of domestic courts is supervised by States, either through the submission of disputes to international courts, or, more usually, through decentralized reactions.


ISBN: 1533-5860

CJ Tams and A Tzanakopoulos, 'IGH: Gutachten zur Unabhängigkeit Kosovos' (2011) 59 Vereinte Nationen 80   [Case Note] [...]

Short comment on the ICJ's Kosovo Advisory Opinion in German.

ISBN: 0042-384X

J Vidmar, 'Kosovo: Unilateral Secession and Multilateral State-Making' in Summers (ed), Kosovo: A Precedent? The Declaration of Independence, the Advisory Opinion and Implications for Statehood, Self-Determination and Minority Rights (M Nijhoff 2011)

A Tzanakopoulos, 'Legality of Veto to NATO Accession: Comment on the ICJ’s Decision in the Dispute between fYR Macedonia and Greece' (2011) EJIL: Talk!

A Tzanakopoulos, 'The Cambridge Companion to International Law' (2011) 82 British Year Book of International Law 510   [Review]

A Tzanakopoulos, 'The Constitutionalization of International Law' (2011) 15 Edinburgh Law Review 339   [Review]

A Tzanakopoulos, 'The Distomo Case: Greece to Intervene in the Sovereign Immunity Dispute between Germany and Italy before the ICJ' (2011) EJIL: Talk!

D Akande, 'The Genocide Convention and the Obligation of Cooperation with the International Criminal Court' (2011) UCLA Human Rights and International Criminal Law Online Forum (2011) [...]

The International Court of Justice (ICJ) has held that Article VI of the Genocide Convention imposes an implicit obligation on Contracting Parties to cooperate with an “international penal tribunal” that has jurisdiction over persons charged with genocide. Although it was envisaged in the drafting of the Convention that acceptance of such jurisdiction would occur by treaty, the ICC is to be regarded as a competent international penal tribunal under the Genocide Convention even in cases where the ICC exercises jurisdiction on the basis of a Security Council referral. This creates an obligation on parties to cooperate with the ICC where an accused person is charged with genocide. However, under the jurisprudence of the ICJ this obligation of cooperation only arises where the contracting party in question has not only accepted the jurisdiction of the tribunal but also has a pre-existing obligation to cooperate. Applying this precedent would mean that in the Bashir case, only those States that are parties to the ICC Statute have an obligation of cooperation under the Genocide Convention. However, a teleological interpretation of the Convention would permit use of the Genocide Convention as a basis for creating an obligation of cooperation for non-parties since they must be deemed to have accepted the jurisdiction of the ICC over the case by virtue of a binding Security Council resolution conferring such jurisdiction. Relying on the Genocide Convention as a basis for a cooperation would open up alternative arguments allowing ICC parties (and non-parties if the teleological interpretation were adopted) to bypass immunities otherwise provided for in international law.


J Vidmar, 'The Kosovo Advisory Opinion Scrutinized' (2011) Leiden Journal of International Law 355

A Tzanakopoulos, 'The Practice of the United Nations in Combating Terrorism from 1946 to 2008' (2011) 11 Human Rights Law Review 803   [Review]

A Tzanakopoulos, 'The UN/French Use of Force in Abidjan: Uncertainties Regarding the Scope of UN Authorizations' (2011) EJIL: Talk!

2010

J Dill, 'Applying the principle of proportionality in combat operations' (2010) Oxford Institute for Ethics, Law and Armed Conflict - Policy Briefings

CJ Tams and A Tzanakopoulos, 'Barcelona Traction at 40: The ICJ as an Agent of Legal Development' (2010) 23 Leiden Journal of International Law 781 [...]

DOI: 10.1017/S0922156510000361

The article revisits the Barcelona Traction judgment of the International Court of Justice, rendered forty years ago. It evaluates the lasting influence of the Court's pronouncements on the nationality of corporations and on obligations erga omnes, and uses the case to illustrate the Court's role as an influential agent of legal development. In this respect, it identifies a number of factors that can help to explain under which circumstances judicial pronouncements are likely to shape the law.


ISBN: 0922-1565

G S Goodwin-Gill, Sir Ian Brownlie CBE QC and Guy S. Goodwin-Gill (eds), Brownlie\'s Documents on Human Rights (Oxford: Oxford University Press 2010) [...]

An extensive updated collection of key documents covering all elements of the subject, plus commentary and bibliographic annotation. Organized by reference to UN instruments, UN sponsored conventions, ILO, UNESCO, and regional instruments.


ISBN: 978-0-19-956404-0

D Akande, 'Clearing the Fog of War? The ICRC's Interpretive Guidance on Direct Participation in Hostilities' (2010) 59 International and Comparative Law Quarterly 180

J Vidmar, 'Confining International Borders in the Practice of Post-1990 State Creations' (2010) Heidelberg Journal of International Law 319

A Tzanakopoulos, 'Domestic Court Reactions to UN Security Council Sanctions' in A Reinisch (ed), Challenging Acts of International Organizations before National Courts (Oxford University Press 2010) [...]

DOI: 10.1093/acprof:oso/9780199595297.003.0003

This paper attempts to trace, analyze, and justify, the reactions of domestic courts when these are faced with a challenge to domestic measures implementing Security Council sanctions regimes, in particular the regime under SCRs 1267 (1999) seq. It discusses the method in which domestic courts engage with the measures before them, as well as the standard of review they apply, and the usual outcomes of the challenge, ie abstention, low-intensity review, interpretation or annulment of the domestic measure. Interpretation and annulment of the domestic measure in particular may force the State in breach of its international obligations under the relevant SCRs and Article 25 of the UN Charter. The final section attempts to legal qualify and justify this potential breach.


ISBN: 978-0-19-959529-7

D Akande and Sangeeta Shah, 'Immunities of State Officials, International Crimes and Foreign Domestic Courts' (2010) 21 European Journal of International Law 815 [...]

DOI: 10.1093/ejil/chq080

This article examines the extent to which state officials are subject to prosecution in foreign domestic courts for international crimes. We consider the different types of immunity that international law accords to state officials, the reasons for the conferment of this immunity and whether they apply in cases in which it is alleged that the official has committed an international crime. We argue that personal immunity (immunity ratione personae) continues to apply even where prosecution is sought for international crimes. Also we consider that instead of a single category of personal immunity there are in fact two types of such immunity and that one type extends beyond senior officials such as the Head of State and Head of Government. Most of the article deals with functional immunity (immunity ratione materiae). We take the view that this type of immunity does not apply in the case of domestic prosecution of foreign officials for most international crimes. However, we reject the traditional arguments which have been put forward by scholars and courts in support of this view. Instead we consider the key to understanding when functional immunity is available lies in examining how jurisdiction is conferred on domestic courts.


ISBN: 0938-5428

A. Bellal, G. Giacca and S. Casey-Maslen, 'Implications for international law of the future Arms Trade Treaty ' (United Nations Institute for Disarmament Research (UNIDIR), Geneva, Research Paper 2010)

J Vidmar, 'Multiparty Democracy: International and European Human Rights Law Perspectives' (2010) Leiden Journal of International Law 209

A V Lowe, 'Private Disputes and the Public Interest in International Law' in D. French, M. Saul and N.D. White (eds), International Law and Dispute Settlement (Hart Publishing 2010)

D Akande, 'Prosecuting Aggression: The Consent Problem and the Role of the Security Council' (2010) [...]

This paper focuses on the conditions which ought to exist before the International Criminal Court can exercise jurisdiction over the crime of aggression. In particular, it addresses (i) whether the Court should be competent to exercise jurisdiction where the alleged aggressor State has either not accepted the amendment on aggression, or is not a party to the ICC Statute and (ii) whether ICC jurisdiction on aggression should be made dependent on the prior approval of the United Nations Security Council. The first issue is referred to here as the “consent problem” and the second the “Security Council problem/issue”. This paper argues that the consent problem raises a fundamental question of deeper significance than the textual or perhaps technical issues concerning the way in which the amendment concerning aggression might come into force under Article 121 of the Statute. The consent problem raises fundamental issues about the nature of the ICC as an international tribunal and about the principles governing the competence of international tribunals under international law. In particular, the consent issue raises important questions about the jurisdiction of international tribunals over non-consenting States and whether the ICC is to be regarded as bound by rules of international law that would ordinarily bind other international tribunals. This paper, outlines and explains the principle of consent as applied to the competence of international tribunals. There is a detailed discussion, in Section 2, of the application of the principle to cases before international tribunals where the tribunal is called upon to determine the rights and obligations of States not before the tribunal. In particular, this section discusses the Monetary Gold principle enunciated by the International Court of Justice. According to that principle, the Court will not adjudicate on a case where the Court would be required, as a necessary prerequisite, to adjudicate on the rights or responsibilities of a non-consenting and absent third State. It is argued that this principle is simply an application of the more general principle of consent and that the principle is derived from the more fundamental principle of the independence of States, i.e. the idea that States are not subject to external authority of other States or institutions created by other States. The paper argues, in Section 3, that because a determination that an individual has committed the crime of aggression requires a prior determination that a State has committed an act of aggression and a breach of the UN Charter, the ICC would act in violation of the consent principle in cases contemplated by the aggression amendment. The paper then turns, in Section 4, to an examination of whether the consent principle and the Monetary Gold principle (which is an application of that more general principle) are applicable to international criminal tribunals in general and to the ICC in particular. Referring to the case law of other tribunals, it is argued that these principles apply to all international tribunals and that the form in which the proceedings involving adjudication of the responsibilities of other States takes place is irrelevant to their application. Section 5 examines which States are to be regarded as non-consenting States for the purpose of the application of the consent principle. I then turn to the Nuremberg and Tokyo precedents in Section 6. I argue that the establishment and operation of these tribunals would not support the view that a rule has developed permitting departure from the consent principle in international criminal tribunals. I argue that neither tribunal was truly international and that in any event, in both cases, there was the consent of the relevant sovereign authority. The paper considers, in Section 7, whether the jurisdiction of the ICC over aggression can be justified on the basis of a transfer of authority from the State that is the alleged victim of aggression. It is argued that though victim States can prosecute for aggression and though transferred jurisdiction is an appropriate justification for the jurisdiction of the ICC in general, the principles and precedents which support transfers of jurisdiction to international tribunal do not apply to aggression. Section 8 returns to the Security Council issue and considers whether prior determination by the Council (or by the General Assembly or ICJ) would fall within an exception to the Monetary Gold principle. It is argued that the best way to expand the jurisdiction of the Court to non-consenting States while respecting the principle of consent is by referral of situations to the Court by the Council. When the consent problem is taken into account, the role of the Security Council in making referrals to the ICC with regard to aggression is not a limit on the competence of the Court. Rather the Security Council comes to the aid of the Court and expands its jurisdiction to situations where the ICC would otherwise be legally incompetent to act. On this view, giving the Security Council almost exclusive competence with regard to aggression cases is not to be regarded as a problem to be overcome, but rather as a means of overcoming an existing problem. The final section is the main theoretical contribution of the piece, considering whether the deviation from the consent principle contemplated with regard to the ICC’s jurisdiction over aggression is to be regarded as an evolution of the law or instead a violation.


J Dill, 'Puntland’s declaration of autonomy and Somaliland’s secession: two quests for self-governance in a failed state' in Marc Weller and Katherine Nobbs (eds), Asymmetric autonomy as a tool in ethnic conflict settlement (University of Pennsylvania Press 2010)

J Vidmar, 'Remedial Secession in International Law: Theory and (Lack of) Practice' (2010) St Antony's International Review 37

D Akande and others, 'Submission to the Iraq Inquiry on the UK's Legal Justification for the Iraq War and Lord Goldsmith's Legal Advice' (2010) Submission to the Chilcott Inquiry on Iraq

J Vidmar, 'The Kosovo Opinion and General International Law: How Far-Reaching and Controversial is the ICJ's Reasoning' (2010) Hague Justice Portal

J Vidmar, 'The Problem of International Constitutionalism: Can International Law Operate Vertically?' (2010) Proceedings of the Annual Conference of the Australian and New Zealand Society of International Law

J Vidmar, 'The Right of Self-Determination and Multiparty Democracy: Two Sides of the Same Coin?' (2010) Human Rights Law Review 239

A Tzanakopoulos, 'United Nations Sanctions in Domestic Courts: From Interpretation to Defiance in Abdelrazik v Canada' (2010) 8 Journal of International Criminal Justice 249 [...]

DOI: 10.1093/jicj/mqq006

Domestic courts are increasingly being seized by persons subjected to or affected by sanctions imposed by the UN Security Council, particularly through the regime established under Resolution 1267. In Abdelrazik v. Canada, the Canadian Federal Court ‘interprets away’ the obligations of Canada under the 1267 regime, potentially forcing upon the state a breach of its international obligations under the resolution and the UN Charter. But at the same time it offers an important — if implicit — justification for that breach under international law.


ISBN: 1478-1387

D Akande, 'What Exactly Was Agreed in Kampala on the Crime of Aggression?' (2010) 2 Equality of Arms Review 23

TAO Endicott, '‘The Logic of Freedom and Power’ ' in Samantha Besson and John Tasioulas (eds), The Philosophy of International Law (Oxford University Press 2010) [...]

A state is sovereign if it has complete power within its political community, and complete external freedom. It may seem that the idea of sovereignty is incoherent, or that sovereignty is objectionable, because of a paradox and two moral principles. The paradox is that a sovereign state must be capable of binding itself and also must not be capable of binding itself. The moral principles are that no state can justly have complete freedom internally, and that a state ought to be bound in international law by rules that it has not agreed to, such as norms of ius cogens. I argue that the paradox is only apparent, and that the moral principles are compatible with state sovereignty. So the idea of sovereignty is a coherent idea, and sovereignty is a potentially valuable feature of states in international law. Sovereignty is to be understood as internal power and external freedom that are complete for the purposes of a good state.


ISBN: 0199208573

D Sarooshi, '‘The Recourse to the Use of Force by the United Nations’' (2010) 104 American Society of International Law Proceedings 1

2009

D Akande, 'Arrest Warrant Case”; “Pius Nwaoga v. The State' in Cassese, Akande, et al (eds), Oxford Companion to International Criminal Justice (OUP 2009)

D Sarooshi, 'Aspects of the World Trade Organization’s Telecommunications Regime' (2009) TECHNOLOGY DISPUTES INTERNATIONAL

A V Lowe and with S.A.G. Talmon, Basic Documents on the Law of the Sea: The Legal Order of the Oceans (Hart Publishing 2009) [...]

This compendium of documents brings together, for the first time in an affordable format, the essential documents needed to gain a thorough knowledge of the laws of the sea. There has been a long felt need for such a collection to provide students, scholars and practitioners with a working library of the key materials. This collection integrates documents of the International Maritime Organisation (which are not available anywhere on the web in consolidated form), of regional fisheries organizations, security related documents, treaties concerning resource exploitation, environmental protection measures and much more, into the framework created by the Law of the Sea Convention. The book is aimed at teachers and practitioners in the area and can be used as a class room companion for law of the sea courses.


ISBN: 1841138231/97818411

A Tzanakopoulos, 'Chapter VII Measures (UN Charter) (with regard to International Tribunals)' in A Cassese (ed), The Oxford Companion to International Criminal Justice (Oxford University Press 2009)

D Akande, 'Civil Remedies for International Crimes' in Cassese, Akande, et al. (eds), Oxford Companion to International Criminal Justice (OUP 2009)

J Vidmar, 'International Legal Responses to Kosovo's Declaration of Independence' (2009) Vanderbilt Journal of Transnational Law 779

A.Cassese, G. Acquaviva, D Akande and others (eds), Oxford Companion to International Criminal Justice (Oxford University Press 2009) [...]

The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.


ISBN: 978-0-19-923832-3

G. Giacca, 'Responsibility to Protect' in V. Chetail (ed), Post-conflict Peacebuilding Lexicon (Oxford University Press 2009)

A V Lowe, 'Shadows in the Cave: The Nature of International Law when it Appears before English Courts' in K.H. Kaikobad & M. Bohlander (eds), Essays in Honor of Colin Warbrick: International Law & Power, Perspectives on Legal Order & Justice (Martinus Nijhoff Publishers 2009)

J Dill, 'The Definition of a legitimate target of attack: Not more than a moral plea?' (2009) 103 Proceedings of Annual Meeting (American Society of International Law)

D Akande, 'The Legal Nature of the Security Council Referrals to the ICC and its Impact on Al Bashirs Immunities' (2009) 7 Journal of International Criminal Justice 333 [...]

DOI: 10.1093/jicj/mqp034

This article considers whether states are obliged or permitted to arrest Sudanese President Omar al Bashir pursuant to a warrant of arrest issued by the International Criminal Court (ICC). The article considers the extent to which the ICC Statute removes immunities which would ordinarily be available to state officials. It is argued that the removal of the immunity by Article 27 of the ICC Statute applies also at the national level, when national authorities act in support of the ICC. The article examines the application of Article 98 of the ICC Statute and considers the legal nature of Security Council referrals to the ICC. It is argued that the effect of the Security Council referral is that Sudan is to be regarded as bound by the ICC Statute and thus by Article 27. Given that the Statute operates in this case not as a treaty but by virtue of being a Security Council resolution, the removal of immunity operates even with regard to non-parties. However, since any (implicit) removal of immunity by the Security Council would conflict with customary international law and treaty rules according immunity to a serving head of state, the article considers the application of Article 103 of the United Nations (UN) Charter in this case.


ISBN: 1478-1387

A Tzanakopoulos, 'Treaty Interpretation and On the Interpretation of Treaties' (2009) 53 German Yearbook of International Law 721   [Review]

D Akande, '“The Protective Principle”; “The Active Nationality Principle”; “The Passive Personality Principle”; “The Territoriality Principle”' in Cassese, Akande, et al (eds), Oxford Companion to International Criminal Justice (OUP 2009)

2008

D Akande, 'Act of State Doctrine' in P. Cane (ed), The New Oxford Companion to Law (OUP 2008)

D Sarooshi, 'International Economic Law' in P. Cane and J. Conaghan (eds), The New Oxford Companion to Law (Oxford University Press 2008)

Oxford Pro Bono Publico and others, 'Obstacles to Justice and Redress for Victims of Corporate Human Rights Abuse' (2008) [...]

A comparative submission by Oxford Pro Bono Publico to the Special Representative of the UN Secretary-General on Business and Human Rights.


D Akande, 'The Bashir Indictment: Are Serving Heads of State Immune from ICC Prosecution?' (2008) Debating International Justice in Africa: Oxford Transitional Justice Research Essays, 2008-2010 87

D Sarooshi, 'The Role of Domestic Public Law Analogies in the Law of International Organizations' (2008) 5 International Organizations Law Review 237

D Sarooshi, 'The Security Council’s Authorization of Regional Arrangements to Use Force' in V. Lowe, A. Roberts, and J. Welsh (eds), The United Nations Security Council and War (Oxford University Press 2008)

D Sarooshi, 'The World Trade Organization' in P. Cane and J. Conaghan (eds), The New Oxford Companion to Law (Oxford University Press 2008)

2007

D Akande, 'Are there Limits to the Powers of the Security Council? in Old Questions and New Challenges for the UN Security System' (2007) V Journal of International Law and Policy

D Sarooshi, International Organizations and Their Exercise of Sovereign Powers (OUP: Oxford Monographs in International Law Series 2007)

J Vidmar, 'Montenegro's Path to Independence: A Study of Self-Determination, Statehood and Recognition' (2007) Hanse Law Review 73

2006

A Tzanakopoulos, Ο δεσμευτικός χαρακτήρας των προσωρινών μέτρων που υποδεικνύουν τα διεθνή δικαστήρια (Εκδόσεις Αντ Ν Σάκκουλα 2006) [...]

This book deals with the binding force of provisional measures of protection indicated by international courts and tribunals.

ISBN: 960-15-1599-2

A Tzanakopoulos, 'Floating Storage Units as Ships under the 1992 CLC/Fund Regime: The View from the Hellenic Supreme Court' (2006) 59 Revue hellénique de droit international 701

D Sarooshi, 'International Criminal Justice: An Institutional Future?' in M. Cohen (ed), La promotion de la justice, des droits de l’homme et du règlement des conflits par le droit international ( 2006)

D Akande, 'The Application of International Law Immunities in Prosecutions for International Crimes' in Harrington, Milde & Vernon (eds), Bringing Power to Justice? The Prospects of the International Criminal Court (McGill-Queens University Press 2006)

D Sarooshi, 'The Move from Institutions: the case of the WTO' (2006) 100 American Society of International Law Proceedings 298

2005

D Gunton, M Livermore and A Tzanakopoulos, 'A Global Administrative Law Bibliography' (2005) 68 Law & Contemporary Problems 357

Judge R. Higgins DBE, QC and D Sarooshi, 'Institutional Modes of Conflict Management' in J. Norton Moore, F. Tipson, and R. Turner (eds), National Security Law (Carolina Academic Press 2005)

D Sarooshi, International Organizations and Their Exercise of Sovereign Powers (Oxford Monographs in International Law Series) (OUP 2005) [...]

This 2005 hardback edition of this book was awarded the 2006 Myres S. McDougal Prize by the American Society for Policy Sciences, and also the 2006 American Society of International Law book prize (Preeminent Contribution to Creative Scholarship).


ISBN: 978-0-19-922577-4

A Tzanakopoulos, 'Le pouvoir normatif du Conseil de sécurité' (2005) 58 Revue hellénique de droit international 655   [Review]

D Sarooshi, 'The Future of the WTO and its Dispute Settlement System' (2005) 2(1) International Organizations Law Review 129

2004

A Yokaris and others (eds), Η διεθνής ευθύνη των κρατών - Στα Άρθρα της Επιτροπής Διεθνούς Δικαίου, στη διεθνή νομολογία και βιβλιογραφία (Εκδόσεις Αντ Ν Σάκκουλα 2004) [...]

A translation of the ILC Articles on the Responsibility of States for Internationally Wrongful Acts into Greek, along with a collection of relevant case law and bibliography.

ISBN: 960-15-1218-7

D Sarooshi, 'Conferrals by States of Powers on International Organizations: The Case of Agency' (2004) 74 The British Year Book of International Law 291

D Sarooshi and M.Fitzmaurice, Issues of State Responsibility before International Judicial Institutions (Clifford Chance Series Volume VII 2004)

A Tzanakopoulos, 'La Grèce devant la Cour européenne des droits de l’homme' (2004) 57 Revue hellénique de droit international 554   [Review]

A V Lowe, M. Fitzmaurice and O. Elias, 'Northern European Co-operation regarding Watercourses' (2004) Watercourse Co-operation in Northern Europe/TMC Asser Press 95

A Tzanakopoulos, 'Provisional Measures Indicated by International Courts: Emergence of a General Principle of International Law' (2004) 57 Revue hellénique de droit international 53

D Sarooshi, 'The Essentially Contested Nature of the Concept of Sovereignty: Implications for the Exercise by International Organizations of Delegated Powers of Government' (2004) 25 Michigan Journal of International Law 1107

D Sarooshi, 'The Landmark WTO US v. Mexico case' (2004) 36 Commonwealth Secretariat Trade Topics 1

A V Lowe, 'The Place of Dr Thomas Baty in the International Law Studies of the 20th Century' (2004) The Commemorative Seminar for Dr Thomas Baty: Contributions of Dr Thomas Baty and Their Reappraisal/University of Tokyo

D Sarooshi and R. Volterra, 'The WTO and the Importance of International Law for Business' (2004) March Special Feature – WTO, European Lawyer 27

D Sarooshi, '‘Sovereignty, Economic Autonomy, the United States, and the International Trading System: Representations of a Relationship’' (2004) 15(4) European Journal of International Law 651

D Sarooshi, '‘The Nature of the Concept of Sovereignty: Implications for the Exercise by International Organizations of Powers of Government’' (2004) 25 Michigan Journal of International Law 1107

2003

A V Lowe and others, 'Comments on Chapters 16 and 17' in M. Byers & G. Nolte (eds), United States Hegemony and the Foundations of International Law (Cambridge University Press 2003)

A V Lowe and others, 'The International Tribunal for the Law of the Sea: Survey for 2002' (2003) Vol 18, No. 4, 2003 International Journal of Marine and Coastal Law 447

A V Lowe, 'The Iraq Crisis: What Now?' (2003) 52(4) International and Comparative Law Quarterly 859

D Akande, 'The Jurisdiction of the International Criminal Court over Nationals of Non-Parties: Legal Basis and Limits' (2003) (2003)1 Journal of International Criminal Justice 618 [...]

This article examines the jurisdiction of the International Criminal Court (ICC) over nationals of states not party to the ICC Statute. The article first addresses the US argument that the exercise of ICC jurisdiction over nationals of non-parties without the consent of that non-party would be contrary to international law. The author considers the principles which support the delegation of criminal jurisdiction by states to international tribunals and discusses the precedents for such delegations. It is further argued that the exercise of ICC jurisdiction over acts done pursuant to the official policy of a non-party state would not be contrary to the principle requiring consent for the exercise of jurisdiction by international tribunals. Finally, the article explores the limits to the jurisdiction of the ICC over non-party nationals. In particular, the article addresses the circumstances in which ICC parties are precluded from surrendering nationals of non-parties to the ICC.


D Akande, 'The Role of the International Court of Justice in the Maintenance of International Peace' in N. White (ed), Collective Security Law (Ashgate 2003) [...]

This publication reproduces, in a collection of seminal works on collective security, an article first published in (1996) 8 African Journal of International Comparative Law. The chapter examiners the role and record of the international court in the settlement of disputes which are likely to affect international peace.


A V Lowe, 'The Rule of Law: Thinking of an Order in the International Society' (2003) 177(2003) Gaiko Forum 24

2002

A V Lowe, 'Foreword' in Michael Likosky (ed), Transnational Legal Processes: Globalisation and Power Disparities (Butterworths 2002)

A V Lowe, 'The International Tribunal for the Law of the Sea: Survey for 2001' (2002) Vol 17, 2001 International Journal of Marine and Coastal Law 463

2001

D Sarooshi, 'Command Responsibility and the Blaskic case' (2001) 50 ICLQ 452

A V Lowe, 'The International Tribunal for the Law of the Sea: Survey for 2000' (2001) Vol 16, 2001 International Journal of Marine and Coastal Law 549

D Sarooshi, '‘Aspects of the Relationship between the International Criminal Court and the United Nations’' (2001) 32 Netherlands Yearbook of International Law 27

2000

D Sarooshi, 'The Role of the UN Secretary-General in UN Peace-Keeping' (2000) 20 Australian Yearbook of International Law 279

D Sarooshi, United Nations and the Development of Collective Security: the Delegation by the UN Security Council of its Chapter VII Powers (OUP 2000)

D Sarooshi, '‘The UN and the Establishment of Peace’' (2000) 53 Current Legal Problems 621

1999

D Akande, 'Prosecuting Heads of States: The Implications of the Milosevic and Pinochet Cases\",' (1999) 5 Strategic Comments (International Institute for Strategic Studies)

D Sarooshi, '‘The Statute of the International Criminal Court’' (1999) 48 ICLQ 387

D Sarooshi, '‘What Role For NATO in the Maintenance of Peace?’' (1999) 52 Current Legal Problems 473

1998

D Akande, 'The Competence of International Organizations and the Advisory Jurisdiction of the International Court of Justice' (1998) 8 European Journal of International Law 437

D Sarooshi, 'The Powers of the United Nations International Criminal Tribunals' (1998) 2 Max Planck Yearbook of UN Law 141

1997

D Akande, 'The International Court of Justice and the Security Council: Is there Room for Judicial Control of Decisions of the Political Organs of the United Nations' (1997) 46 International and Comparative Law Quarterly 309

1996

D Sarooshi, 'The Legal Framework Governing United Nations Subsidiary Organs' (1996) 67 The British Year Book of International Law 413

D Akande, 'The Legal Imperatives toward Supranationalism Inherent in the Process of Economic Integration' (1996) 8 Proceedings of the Annual Conference of the African Society of International and Comparative Law 103

D Akande, 'The Role of the International Court of Justice in the Maintenance of International Peace' (1996) 8 African Journal of International and Comparative Law 592

1995

D Akande, 'Review of National Treaty Law and Practice: France, Germany, India, Switzerland, Thailand and the United Kingdom, Monroe Leigh and Merritt R. Blakeslee (eds.), (ASIL, 1995)' (1995) 7 African Journal of International and Comparative Law 215   [Review]

1994

D Sarooshi, 'Humanitarian Intervention and Humanitarian Assistance: Law and Practice' (Wilton Park Papers (HMSO) 86 1 1994)

D Akande, S. Davis, M. Guerts and T. Doyle, 'New Trends in United Nations Peacekeeping" - a section in “Recent Developments in International Law 1993' (1994) European Law Students’ Association Law Review 71

0

D Sarooshi, 'Aspects of the World Trade Organization’s Telecommunications Regime' Technology Disputes International 2

D Sarooshi, 'The United Nations Security Council' in J. Krieger, M. Crahan, C. Murphy, and A. Kaya (eds), The Oxford Companion to International Relations ( 0)

Courses

The courses we offer in this field are:

Undergraduate

FHS - Final Year (Phase III)

The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase of the Final Honour School includes the first and second term of the final year; the Final Examinations are taken in the third term of the final year.

Public International Law

There has never been a more exciting time to study Public International Law (PIL). Issues of PIL and international justice are at the forefront of public debates to a greater degree than ever before. International law provides the technical and intellectual underpinnings to large areas of international co-operation, including the prosecution of war crimes (both internationally and nationally), the legality of the use of force against States (e.g. Iraq), environmental protection, the scope of human rights protection (e.g. the ‘war on terrorism’), the economic effects of globalisation promoted through the work of institutions such as the World Trade Organization, the settlement of land and maritime boundary disputes, and the resolution of jurisdictional conflicts arising in the context of anti-trust and other forms of economic regulation by States.

PIL today not only impacts and shapes decisions by States to a greater degree than ever before, but it also penetrates into the national legal order – often through national court decisions – to give rights to individuals and corporations to an extent that is unrivalled in the history of the subject. These developments have in turn led to the growth of lawyers and law firms who specialise in the practice of PIL. This is in addition to the demand for PIL lawyers in governments, inter-governmental organizations (such as the United Nations and the large number of UN Specialized Agencies), and non-governmental organizations.. For those who do not intend to follow a career in international law, the subject provides a broad sweep of issues which illuminate not merely questions of international law but the problems and processes of the world of diplomacy.

The PIL course at Oxford covers the major areas of general international law and is not over-specialized. The lectures cover the core tutorial topics on the nature and sources of international law, the law of treaties, international legal personality, jurisdiction and immunities, the law of foreign investment, State responsibility, the use of force and the procedures for peaceful settlement of disputes. In addition, the lectures introduce students to special areas such the law of the sea, international humanitarian law and investment arbitration. The consideration of these subject areas takes place within their broader policy context and having regard to recent experience.

Although in principle the syllabus is extensive, both the teaching practice and the mode of setting the FHS paper avoid any drawbacks which might result from this wide scope. Thus, different teachers will focus on different selected topics, and the student will find that it is not necessary to know the whole syllabus from A to Z. In the same context, the Schools paper provides a wide selection of questions.

Although in principle the syllabus is extensive, both the teaching practice and the mode of setting the FHS paper avoid any drawbacks which might result from this wide scope. Thus, different teachers will focus on different selected topics, and the student will find that it is not necessary to know the whole syllabus from A to Z. In the same context, the Schools paper provides a wide selection of questions.

Diploma in Legal Studies

Public International Law

There has never been a more exciting time to study Public International Law (PIL). Issues of PIL and international justice are at the forefront of public debates to a greater degree than ever before. International law provides the technical and intellectual underpinnings to large areas of international co-operation, including the prosecution of war crimes (both internationally and nationally), the legality of the use of force against States (e.g. Iraq), environmental protection, the scope of human rights protection (e.g. the ‘war on terrorism’), the economic effects of globalisation promoted through the work of institutions such as the World Trade Organization, the settlement of land and maritime boundary disputes, and the resolution of jurisdictional conflicts arising in the context of anti-trust and other forms of economic regulation by States.

PIL today not only impacts and shapes decisions by States to a greater degree than ever before, but it also penetrates into the national legal order – often through national court decisions – to give rights to individuals and corporations to an extent that is unrivalled in the history of the subject. These developments have in turn led to the growth of lawyers and law firms who specialise in the practice of PIL. This is in addition to the demand for PIL lawyers in governments, inter-governmental organizations (such as the United Nations and the large number of UN Specialized Agencies), and non-governmental organizations.. For those who do not intend to follow a career in international law, the subject provides a broad sweep of issues which illuminate not merely questions of international law but the problems and processes of the world of diplomacy.

The PIL course at Oxford covers the major areas of general international law and is not over-specialized. The lectures cover the core tutorial topics on the nature and sources of international law, the law of treaties, international legal personality, jurisdiction and immunities, the law of foreign investment, State responsibility, the use of force and the procedures for peaceful settlement of disputes. In addition, the lectures introduce students to special areas such the law of the sea, international humanitarian law and investment arbitration. The consideration of these subject areas takes place within their broader policy context and having regard to recent experience.

Although in principle the syllabus is extensive, both the teaching practice and the mode of setting the FHS paper avoid any drawbacks which might result from this wide scope. Thus, different teachers will focus on different selected topics, and the student will find that it is not necessary to know the whole syllabus from A to Z. In the same context, the Schools paper provides a wide selection of questions.

Although in principle the syllabus is extensive, both the teaching practice and the mode of setting the FHS paper avoid any drawbacks which might result from this wide scope. Thus, different teachers will focus on different selected topics, and the student will find that it is not necessary to know the whole syllabus from A to Z. In the same context, the Schools paper provides a wide selection of questions.

Postgraduate

BCL

Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds

European Union as an Actor in International Law (not offered in 2013-14)

The process of European integration has entailed a transfer of foreign relations powers from the Member States to the European Union (EU) that does not follow the lines of any other legal development. It is different from the experience of federal States, in so far as the devolution of foreign relations powers is only partial, and it has certainly not entailed the disappearance of the Member States as international legal persons. On the other hand, the quantity and the quality of the functions exercised by the EU on the international plane, and its capacity to develop its own course of foreign relations, makes it an entity with few, if any, traces of resemblance with other existing international organisations.

The course deals with questions at the intersection of European law, public international law, and international relations. It looks both to the inside, giving an overview of the foreign relations law of the EU, and to the outside, examining the legal framework in which the EU acts on the international plane. Looking at some of the core areas of international law, the course examines the problems of and prospects for a supra-national actor in a legal system which is still largely dominated by States. The ultimate question to be explored: Is international law adapting to a new actor or must the EU assume statehood to be a full actor in international law?

The course covers the following topics: the foreign relations law of the EU, the relationship between international law and European law, treaty relations of the EU and its member States (mixed agreements), the EU as a creator of customary international law, the EU as a member of international organizations and a party before international tribunals, international relations and diplomatic powers of the EU, promotion and enforcement of international law by the EU (sanctions, human rights, standards of democratic governance), the transatlantic divide between the EU and the US on matters of international law, violations of international law by the EU and its member States and their international responsibility.

The course is directed at graduates with an interest both in international law and European law. Basic knowledge of these subjects is an advantage. Students without such knowledge will be directed to basic reading in these fields.

Teaching consists of 12 two-hour seminars and four tutorials. The seminars aim to encourage extensive class participation and students will have the opportunity to present short papers for discussion by the group as a whole. Tutorials will provide the opportunity to write essays and discuss essay and examination technique. Seminars will be conducted by Dr S Talmon in Michaelmas and Hilary Term. Tutorials will be in held in Hilary and Trinity Term. Detailed handouts and reading lists are distributed during the year. In addition, there is a reader for the course available.

International Commercial Arbitration

In a world of increasing global trade and commerce arbitration has become the preferred mechanism for resolving transnational commercial disputes. As global transactions have expanded they also have become more complex. Scholars, arbitrators and courts around the globe have developed highly sophisticated solutions to respond to these challenges making international commercial arbitration one of the most fascinating developments in the law. The course will study international commercial arbitration within its international and national legal frameworks from the substantive and procedural law point of view.
Starting with the study of international instruments such as the New York Convention the course will then examine how different national legal systems have treated international commercial arbitration. The course aims to focus on a comparison of the approaches taken by US courts and the national courts of Europe. International commercial arbitration often exposes marked differences between the common and the civil law yet the body of law being created in common and civil law jurisdictions forms an arbitral ‘ius commune’ – a common body of a globally applicable international arbitration law. In order to explore the real or perceived advantages of international commercial arbitration over transnational litigation the course intends to examine the problems commonly associated with transnational litigation such as service of process, jurisdiction, lis pendens and recognition of judgments. Moreover, the course aspires to introduce the theoretical foundations of international commercial arbitration and discuss the repercussions international commercial arbitration may have for national legal orders. The course will cover every stage in an arbitral proceeding from the arbitration agreement, the arbitral proceeding to the arbitral award and its recognition and enforcement.

The course is convened by Professor S Vogenauer and taught by Dr A von Goldbeck-Stier and Dr K von Papp. Teaching comprises of eight lectures, mostly of an introductory nature, eight two-hour seminars, and four revision tutorials. The lectures, seminars and tutorials will usually run during Michaelmas. Each seminar has a designated seminar leader who introduces the topic with a short presentation and initiates discussion. Revision tutorials provide the opportunity to write essays and to practise examination technique. Prospective students are not required to have prior knowledge of international arbitration. No knowledge of foreign languages is required. All foreign materials are made available in English translations which are accessible through WebLearn.
Note. This course is open to a maximum of 24 students in any one year. If applications exceed this number the usual capping mechanism will be applied.

International Criminal Law (not offered in 2013-14)

International Dispute Settlement

The course on International Dispute Settlement is concerned with the peaceful settlement of disputes involving the application of international law, including inter-State disputes, and disputes between States and individuals or corporations.

One part of the course is concerned with the study of a range of institutions concerned with dispute settlement such as arbitral tribunals, the International Court of Justice, and more specialised bodies such as the International Centre for the Settlement of Investment Disputes, the World Trade Organisation, and other institutions handling economic and political disputes. The institutions selected for study vary from year to year.

The second part of the course provides an outline of the principles of procedural law that operate in international tribunals, including international commercial arbitration tribunals. This part of the course involves the study of issues such as jurisdiction and admissibility, the determination of law governing procedure and the law governing the merits of a case, remedies, the recognition and enforcement of judgments and awards, and the review of judgments and awards.

Teaching consists of weekly seminars in the Michaelmas and Hilary Terms, in some of which students will present short papers for discussion by the group as a whole. There will be four tutorials over the course of the year. The examination is held at the same time as the other BCL/MJur examinations, in the summer vacation.

Detailed handouts and reading lists are distributed during the year. The most recent handouts are posted on the Faculty’s intranet.

International Economic Law

This course introduces students to the main principles and institutions of international economic law. It focuses primarily on the institutions and substantive law of the World Trade Organisation (WTO) and the General Agreement on Tariffs and Trade (GATT). In addition to introducing participants to the major legal disciplines under the GATT/WTO and the basic principles and cores concepts of the GATT/WTO (Base on in-depth study of the relevant GATT/WTO case law), the course considers the underlying philosophy of free trade and a number of the controversies concerning the future evolution of the WTO and its relationship to globalisation, regionalism, and the attempt by States to achieve other policy objectives (such as protection of the environment). No prior knowledge of international law or economics is necessary. Students without such knowledge will be directed to basic reading in these fields.

Lectures will be delivered in Michaelmas and Hilary Terms. Tutorials will be scheduled in due course. The examination is held at the same time as the other BCL/MJur examinations. Detailed reading lists are distributed at the start of the course.

International Law and Armed Conflict

This course will examine the international law issues which arise in relation to armed conflicts. The course covers the law relating to whether States may use force, the law that applies during armed conflicts, as well as other legal problems that arise with regard to armed conflicts. One of the themes running through the course will be how international law regulates cross-border conflicts involving non-State actors. The course will be divided, broadly speaking, into two parts. Part one will consider the international legal issues relating to whether and when States are entitled to use armed force. In this part of the course, we will examine the content of the prohibition of the use of force contained in the UN Charter as well as the exceptions to that prohibition. In particular, we will examine the scope of self-defence in international law, (especially as it applies to attacks by non-State groups). Questions to be considered include the criteria for a lawful response in self-defence and the legality of anticipatory/preemptive self defence. This part of the course will also consider other possible exceptions to the prohibition of the use of force - such as the doctrine of humanitarian intervention or responsibility to protect. The last section of the first part of the course will examine the powers of the United Nations to authorize the use of force for peacekeeping and peace enforcement.

The second part of the course examines the law that applies during an armed conflict. We will address the distinction between the law applicable to international armed conflicts and that applicable to non-international armed conflicts. We also consider the extent to the which the so called “Global War on Terror: should be considered an armed conflict to which international humanitarian law applies. In this part, we will also gain an overview of the “Geneva law” relating to the humanitarian protection of victims of war and the “Hague law” relating to the means and methods of warfare. In particular, we will examine the distinction between combatants and non-combatants and the law that applies to the detention of lawful and unlawful combatants in time of armed conflict. We then turn to the law that applies to the conduct of hostilities, examining in particular the rules relating to targeting and weaponry. Finally, we consider the extent to which international human rights law applies in time of armed conflict.

International Law of the Sea

The Law of the Sea course is concerned with public international law and not with commercial shipping law.

The course provides a comprehensive grounding in the subject, combining the study of maritime zones (such as the territorial sea, Exclusive Economic Zone, Continental Shelf and High Seas), with the study of the main bodies of law regulating users of the seas (such as navigation, fishing, pollution and military activities).

The teaching involves relating the problems of the law of the sea to underlying principles and policy factors and to other relevant areas of general international law, including sources, the law of treaties and principles of state responsibility.

The teaching consists of weekly classes in the Michaelmas and Hilary Terms, in some of which students will present short papers for discussion by the group as a whole.

Lectures/Seminars: each is one two-hour session.

The examination is held at the same time as the other BCL/MJur examinations, in the summer vacation.

MJur

Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.

Public International Law (also part of the BA course)

There has never been a more exciting time to study Public International Law (PIL). Issues of PIL and international justice are at the forefront of public debates to a greater degree than ever before. International law provides the technical and intellectual underpinnings to large areas of international co-operation, including the prosecution of war crimes (both internationally and nationally), the legality of the use of force against States (e.g. Iraq), environmental protection, the scope of human rights protection (e.g. the ‘war on terrorism’), the economic effects of globalisation promoted through the work of institutions such as the World Trade Organization, the settlement of land and maritime boundary disputes, and the resolution of jurisdictional conflicts arising in the context of anti-trust and other forms of economic regulation by States.

PIL today not only impacts and shapes decisions by States to a greater degree than ever before, but it also penetrates into the national legal order – often through national court decisions – to give rights to individuals and corporations to an extent that is unrivalled in the history of the subject. These developments have in turn led to the growth of lawyers and law firms who specialise in the practice of PIL. This is in addition to the demand for PIL lawyers in governments, inter-governmental organizations (such as the United Nations and the large number of UN Specialized Agencies), and non-governmental organizations.. For those who do not intend to follow a career in international law, the subject provides a broad sweep of issues which illuminate not merely questions of international law but the problems and processes of the world of diplomacy.

The PIL course at Oxford covers the major areas of general international law and is not over-specialized. The lectures cover the core tutorial topics on the nature and sources of international law, the law of treaties, international legal personality, jurisdiction and immunities, the law of foreign investment, State responsibility, the use of force and the procedures for peaceful settlement of disputes. In addition, the lectures introduce students to special areas such the law of the sea, international humanitarian law and investment arbitration. The consideration of these subject areas takes place within their broader policy context and having regard to recent experience.

Although in principle the syllabus is extensive, both the teaching practice and the mode of setting the FHS paper avoid any drawbacks which might result from this wide scope. Thus, different teachers will focus on different selected topics, and the student will find that it is not necessary to know the whole syllabus from A to Z. In the same context, the Schools paper provides a wide selection of questions.

Although in principle the syllabus is extensive, both the teaching practice and the mode of setting the FHS paper avoid any drawbacks which might result from this wide scope. Thus, different teachers will focus on different selected topics, and the student will find that it is not necessary to know the whole syllabus from A to Z. In the same context, the Schools paper provides a wide selection of questions.

European Union as an Actor in International Law (not offered in 2013-14)

The process of European integration has entailed a transfer of foreign relations powers from the Member States to the European Union (EU) that does not follow the lines of any other legal development. It is different from the experience of federal States, in so far as the devolution of foreign relations powers is only partial, and it has certainly not entailed the disappearance of the Member States as international legal persons. On the other hand, the quantity and the quality of the functions exercised by the EU on the international plane, and its capacity to develop its own course of foreign relations, makes it an entity with few, if any, traces of resemblance with other existing international organisations.

The course deals with questions at the intersection of European law, public international law, and international relations. It looks both to the inside, giving an overview of the foreign relations law of the EU, and to the outside, examining the legal framework in which the EU acts on the international plane. Looking at some of the core areas of international law, the course examines the problems of and prospects for a supra-national actor in a legal system which is still largely dominated by States. The ultimate question to be explored: Is international law adapting to a new actor or must the EU assume statehood to be a full actor in international law?

The course covers the following topics: the foreign relations law of the EU, the relationship between international law and European law, treaty relations of the EU and its member States (mixed agreements), the EU as a creator of customary international law, the EU as a member of international organizations and a party before international tribunals, international relations and diplomatic powers of the EU, promotion and enforcement of international law by the EU (sanctions, human rights, standards of democratic governance), the transatlantic divide between the EU and the US on matters of international law, violations of international law by the EU and its member States and their international responsibility.

The course is directed at graduates with an interest both in international law and European law. Basic knowledge of these subjects is an advantage. Students without such knowledge will be directed to basic reading in these fields.

Teaching consists of 12 two-hour seminars and four tutorials. The seminars aim to encourage extensive class participation and students will have the opportunity to present short papers for discussion by the group as a whole. Tutorials will provide the opportunity to write essays and discuss essay and examination technique. Seminars will be conducted by Dr S Talmon in Michaelmas and Hilary Term. Tutorials will be in held in Hilary and Trinity Term. Detailed handouts and reading lists are distributed during the year. In addition, there is a reader for the course available.

International Commercial Arbitration

In a world of increasing global trade and commerce arbitration has become the preferred mechanism for resolving transnational commercial disputes. As global transactions have expanded they also have become more complex. Scholars, arbitrators and courts around the globe have developed highly sophisticated solutions to respond to these challenges making international commercial arbitration one of the most fascinating developments in the law. The course will study international commercial arbitration within its international and national legal frameworks from the substantive and procedural law point of view.
Starting with the study of international instruments such as the New York Convention the course will then examine how different national legal systems have treated international commercial arbitration. The course aims to focus on a comparison of the approaches taken by US courts and the national courts of Europe. International commercial arbitration often exposes marked differences between the common and the civil law yet the body of law being created in common and civil law jurisdictions forms an arbitral ‘ius commune’ – a common body of a globally applicable international arbitration law. In order to explore the real or perceived advantages of international commercial arbitration over transnational litigation the course intends to examine the problems commonly associated with transnational litigation such as service of process, jurisdiction, lis pendens and recognition of judgments. Moreover, the course aspires to introduce the theoretical foundations of international commercial arbitration and discuss the repercussions international commercial arbitration may have for national legal orders. The course will cover every stage in an arbitral proceeding from the arbitration agreement, the arbitral proceeding to the arbitral award and its recognition and enforcement.

The course is convened by Professor S Vogenauer and taught by Dr A von Goldbeck-Stier and Dr K von Papp. Teaching comprises of eight lectures, mostly of an introductory nature, eight two-hour seminars, and four revision tutorials. The lectures, seminars and tutorials will usually run during Michaelmas. Each seminar has a designated seminar leader who introduces the topic with a short presentation and initiates discussion. Revision tutorials provide the opportunity to write essays and to practise examination technique. Prospective students are not required to have prior knowledge of international arbitration. No knowledge of foreign languages is required. All foreign materials are made available in English translations which are accessible through WebLearn.
Note. This course is open to a maximum of 24 students in any one year. If applications exceed this number the usual capping mechanism will be applied.

International Criminal Law (not offered in 2013-14)

International Dispute Settlement

The course on International Dispute Settlement is concerned with the peaceful settlement of disputes involving the application of international law, including inter-State disputes, and disputes between States and individuals or corporations.

One part of the course is concerned with the study of a range of institutions concerned with dispute settlement such as arbitral tribunals, the International Court of Justice, and more specialised bodies such as the International Centre for the Settlement of Investment Disputes, the World Trade Organisation, and other institutions handling economic and political disputes. The institutions selected for study vary from year to year.

The second part of the course provides an outline of the principles of procedural law that operate in international tribunals, including international commercial arbitration tribunals. This part of the course involves the study of issues such as jurisdiction and admissibility, the determination of law governing procedure and the law governing the merits of a case, remedies, the recognition and enforcement of judgments and awards, and the review of judgments and awards.

Teaching consists of weekly seminars in the Michaelmas and Hilary Terms, in some of which students will present short papers for discussion by the group as a whole. There will be four tutorials over the course of the year. The examination is held at the same time as the other BCL/MJur examinations, in the summer vacation.

Detailed handouts and reading lists are distributed during the year. The most recent handouts are posted on the Faculty’s intranet.

International Economic Law

This course introduces students to the main principles and institutions of international economic law. It focuses primarily on the institutions and substantive law of the World Trade Organisation (WTO) and the General Agreement on Tariffs and Trade (GATT). In addition to introducing participants to the major legal disciplines under the GATT/WTO and the basic principles and cores concepts of the GATT/WTO (Base on in-depth study of the relevant GATT/WTO case law), the course considers the underlying philosophy of free trade and a number of the controversies concerning the future evolution of the WTO and its relationship to globalisation, regionalism, and the attempt by States to achieve other policy objectives (such as protection of the environment). No prior knowledge of international law or economics is necessary. Students without such knowledge will be directed to basic reading in these fields.

Lectures will be delivered in Michaelmas and Hilary Terms. Tutorials will be scheduled in due course. The examination is held at the same time as the other BCL/MJur examinations. Detailed reading lists are distributed at the start of the course.

International Law and Armed Conflict

This course will examine the international law issues which arise in relation to armed conflicts. The course covers the law relating to whether States may use force, the law that applies during armed conflicts, as well as other legal problems that arise with regard to armed conflicts. One of the themes running through the course will be how international law regulates cross-border conflicts involving non-State actors. The course will be divided, broadly speaking, into two parts. Part one will consider the international legal issues relating to whether and when States are entitled to use armed force. In this part of the course, we will examine the content of the prohibition of the use of force contained in the UN Charter as well as the exceptions to that prohibition. In particular, we will examine the scope of self-defence in international law, (especially as it applies to attacks by non-State groups). Questions to be considered include the criteria for a lawful response in self-defence and the legality of anticipatory/preemptive self defence. This part of the course will also consider other possible exceptions to the prohibition of the use of force - such as the doctrine of humanitarian intervention or responsibility to protect. The last section of the first part of the course will examine the powers of the United Nations to authorize the use of force for peacekeeping and peace enforcement.

The second part of the course examines the law that applies during an armed conflict. We will address the distinction between the law applicable to international armed conflicts and that applicable to non-international armed conflicts. We also consider the extent to the which the so called “Global War on Terror: should be considered an armed conflict to which international humanitarian law applies. In this part, we will also gain an overview of the “Geneva law” relating to the humanitarian protection of victims of war and the “Hague law” relating to the means and methods of warfare. In particular, we will examine the distinction between combatants and non-combatants and the law that applies to the detention of lawful and unlawful combatants in time of armed conflict. We then turn to the law that applies to the conduct of hostilities, examining in particular the rules relating to targeting and weaponry. Finally, we consider the extent to which international human rights law applies in time of armed conflict.

International Law of the Sea

The Law of the Sea course is concerned with public international law and not with commercial shipping law.

The course provides a comprehensive grounding in the subject, combining the study of maritime zones (such as the territorial sea, Exclusive Economic Zone, Continental Shelf and High Seas), with the study of the main bodies of law regulating users of the seas (such as navigation, fishing, pollution and military activities).

The teaching involves relating the problems of the law of the sea to underlying principles and policy factors and to other relevant areas of general international law, including sources, the law of treaties and principles of state responsibility.

The teaching consists of weekly classes in the Michaelmas and Hilary Terms, in some of which students will present short papers for discussion by the group as a whole.

Lectures/Seminars: each is one two-hour session.

The examination is held at the same time as the other BCL/MJur examinations, in the summer vacation.

MSc (Master's in Law and Finance)

International Economic Law

This course introduces students to the main principles and institutions of international economic law. It focuses primarily on the institutions and substantive law of the World Trade Organisation (WTO) and the General Agreement on Tariffs and Trade (GATT). In addition to introducing participants to the major legal disciplines under the GATT/WTO and the basic principles and cores concepts of the GATT/WTO (Base on in-depth study of the relevant GATT/WTO case law), the course considers the underlying philosophy of free trade and a number of the controversies concerning the future evolution of the WTO and its relationship to globalisation, regionalism, and the attempt by States to achieve other policy objectives (such as protection of the environment). No prior knowledge of international law or economics is necessary. Students without such knowledge will be directed to basic reading in these fields.

Lectures will be delivered in Michaelmas and Hilary Terms. Tutorials will be scheduled in due course. The examination is held at the same time as the other BCL/MJur examinations. Detailed reading lists are distributed at the start of the course.


People

Public International Law teaching is organized by a Subject Group convened by:

Dapo Akande: Associate Professor of Public International Law

in conjunction with:

Sir Frank Berman, QC: Visiting Professor in International Law
Eirik Bjorge: Shaw Foundation Junior Research Fellow
Martin Dawidowicz: Departmental Lecturer in Public International Law
Janina Dill: Junior Research Fellow in Socio-Legal Studies
Nancy Eisenhauer: College Lecturer
Nazila Ghanea: University Lecturer in International Human Rights Law (Department of Continuing Education)
Guy S. Goodwin-Gill: Senior Research Fellow, All Souls College
Mark Janis: Visiting Fellow
Catherine MacKenzie: Fellow at the Environmental Change Institute
Dan Sarooshi: Professor of Public International Law
Andrew Shacknove: University Lecturer in Law (Department of Continuing Education)
Natasha Simonsen: Stipendiary Lecturer in Law, St Annes College
Antonios Tzanakopoulos: Associate Professor of Public International Law
Jure Vidmar: Leverhulme Early Career Fellow
Konstanze Von Papp: Erich Brost Career Development Fellow in German and European Union Law

assisted by:

Lawrence Hill-Cawthorne: DPhil Law student
Erik Labelle Eastaugh: DPhil Law student
Ryan Manton: DPhil Law student
Michail Risvas: DPhil Law student

Also working in this field, but not involved in its teaching programme:

Kamille Adair Morgan: MPhil Law student
Avani Bansal: MPhil Law student
Camilla R. Barker FRSA: DPhil Law student
Olumide Famuyiwa: DPhil Law student
Gilles Giacca:
Rudina Jasini: DPhil Law student
Marija Jovanovic: DPhil Law student
Daniel Kaasik: DPhil Law student
Veronica Lavista: DPhil Law student
Vaughan Lowe: Emeritus Chichele Professor
Kubo Mačák: DPhil Law student
Gregory Messenger: Junior Research Fellow
Kate Mitchell: MPhil Law student
Rowena Moffatt: DPhil Law student
Bríd Ní Ghráinne: DPhil Law student
Marina Sharpe: DPhil Law student
Reuven (Ruvi) Ziegler: Academic Visitor


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