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.
For more detailed information about our work in this area, see also the dedicated PIL website
Forthcoming Subject Events
May 2013
Thursday 30 May 2013 Week 6
- Environmental Law Discussion Group
Environmental Cases involving Scientific Evidence in the International Court of Justice - Speaker: Dr Caroline Foster, University of Auckland
Corpus Christi College Fraenkel Room at 13:00
Friday 31 May Week 6
- Anglo-German Fellowship Conference
European Convention on Human Rights - Speaker: Dr Kundai Sithole,Department of Politics and International Relations, Oxford; Daniel Augenstein ,Tilburg University; Stephanie Berry ,Brunel University; Elisabeth Kuebler ,University of Vienna; Theresa Squatrito,University of Stockholm; Jure Vidmar, University of Oxford, Law Faculty
Manor Road Social Sciences Building Manor Road at 15:15
News
Lecture by Mr John Bellinger III, Former Legal Adviser to the US Department of State
The Public International Law Discussion Group and the Oxford University Strategic Studies Group were absolutely delighted to welcome Mr John Bellinger III to Oxford on 15 May 2013 [more…]
The Oliver Smithies Lecture Series - 14 and 16 May 2013
This year's Oliver Smithies Lectures will be given by Harold Hongju Koh, Sterling Professor of International Law at Yale Law School and formerly Legal Adviser to the U.S [more…]
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) [more…]
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 [more…]
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 [more…]
International Lawyers Gather in Oxford for Major Conference
On April 12 and 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” [more…]
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) [more…]
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. Jessup International Law Moot Court Competition held in Washington D.C [more…]
Unfinished business? The final diplomatic conference on the Arms Trade Treaty
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 [more…]
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 [more…]
Dilemmas of Nonproliferation Statecraft - A lecture by Professor Etel Solingen 11 March 2013
The Blavatnik School of Government and Oxford Institute for Ethics, Law and Armed Conflict (ELAC) will host a lecture by Professor Etel Solingen, Chancellor’s Professor at the University of California, Irvine and President of the International Studies Association on Monday 11 March at 4.30-6.00pm at the Blavatnik School of Government, 10 Merton Street, Oxford, OX1 4JJ [more…]
Public International Law at Oxford launches new website
The Oxford Law Faculty has been a major centre for the study of international law for over 400 years. Please visit our newly launched website to find out about our distinguished group of international law scholars who research and teach across a diverse range of public international law areas and for information about forthcoming conferences, courses and events as well as information about the Faculty's international law related centres.
[more…]Funded Internship at the International Court of Justice
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 [more…]
Professor Catherine Redgwell elected to the Chichele Professorship of Public International Law
Catherine Redgwell has been appointed as the new Chichele Professor of Public International Law, following the retirement of Professor Vaughan Lowe QC in September 2012 [more…]
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.
Publications
Showing selected publications sorted by type, then year, author, title [change this]
Showing key publications in this field, as selected by the author
Change to sort them by year | title | name OR
Show All 165 | Recent publications
Journal Articles
2013
D Sarooshi, 'Provisional Measures and Investment Treaty Arbitration' (2013) 29 Arbitration International
2012
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 [...]
Abstract:
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
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.
2011
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 [...]
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, '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
2010
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
2009
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
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)
Books
2011
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
Chapters
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)
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) (forthcoming)
A Tzanakopoulos, 'Transparency in the UN Security Council' in A Bianchi, A Peters (eds), Transparency in International Law (Cambridge University Press 2013) (forthcoming) [...]
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
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
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
2010
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)
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
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: http://dx.doi.org/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
2008
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)
Edited books
2010
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
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.
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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.
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Diploma in Legal Studies
A one-year sample of courses from our BA programmes, aimed only at students visiting from our partner universities.
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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.
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Postgraduate
BCL
Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds
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European Union as an Actor in International Law (not offered in 2012-13)
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.
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International Commercial Arbitration (in 2013-14)
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.
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International Criminal Law (in 2013-14)
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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.
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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.
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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.
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International Law of the Sea (not offered in 2012-13)
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, scientific research 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.
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MJur
Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.
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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.
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European Union as an Actor in International Law (not offered in 2012-13)
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.
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International Commercial Arbitration (in 2013-14)
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.
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International Criminal Law (in 2013-14)
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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.
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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.
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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.
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International Law of the Sea (not offered in 2012-13)
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, scientific research 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.
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MSc (Master's in Law and Finance)
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.
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People
Public International Law teaching is organized by a Subject Group convened by:
Dapo Akande: University Lecturer in Public International Law
in conjunction with:
Sir Frank Berman, QC: Visiting Professor in 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 Lecturer
Catherine MacKenzie: Fellow at the Environmental Change Institute
Nicola Palmer: Junior Research Fellow in Global Justice
Martins Paparinskis: Junior Research Fellow
Dan Sarooshi: Professor of Public International Law
Andrew Shacknove: University Lecturer in Law (Department of Continuing Education)
Jure Vidmar: Leverhulme Early Career Fellow
assisted by:
Lawrence Hill-Cawthorne: DPhil Law student
Also working in this field, but not involved in its teaching programme:
Avani Bansal: MPhil Law student
Clara Feliciati: DPhil Law student
Gilles Giacca: Research Fellow and Programme Co-ordinator of the Oxford Martin Programme on Human Rights for Future Generations
Jarrod Hepburn: DPhil Law student
Miles Jackson: Departmental Lecturer in Law
Rudina Jasini: DPhil Law student
Marija Jovanovic: DPhil Law student
Vaughan Lowe: Emeritus Chichele Professor
Kubo Mačák: DPhil Law student
Stephen Meili: Academic Visitor at the Faculty of Law
Gregory Messenger: Junior Research Fellow
Kate Mitchell: MPhil Law student
Antonios Tzanakopoulos: University Lecturer in Public International Law
Ruvi Ziegler: DPhil Law student

