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The Public International Law Study Guide for Students

Exercises and Answers

Cristina Verones Sébastien Rosselet

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English
Hart Publishing
31 July 2013
A sound understanding of public international law is indispensable for any lawyer, whether working in an international or domestic context. It is therefore important that students have a thorough theoretical understanding of international law issues, and are able to apply the relevant international legal rules to a given set of facts, so as to arrive at a legally coherent conclusion. This practical aspect of learning international law is often neglected in favour of more theoretical aspects - which is where this book comes in. The book offers a series of hypothetical practical cases in public international law, including some of its specialised branches, such as international human rights law and international criminal law. It challenges students to practise and familiarise themselves with the methodology and to write solutions to practical international legal questions. The book is in two parts: part one contains practical (exam-like) questions, while part two contains the solutions. The practical questions in part one are organised by subject, such as treaty law or state responsibility. One chapter is dedicated to more complex 'interconnected' cases, where students are asked to tackle problems which span multiple potential cases and topics.

ENDORSEMENT 'An extremely interesting and innovative text that students studying Public International Law should find invaluable.' Associate Professor Joanne Sellick Associate Dean for Teaching and Learning, University of Plymouth
By:   ,
Imprint:   Hart Publishing
Country of Publication:   United Kingdom
Dimensions:   Height: 244mm,  Width: 171mm,  Spine: 15mm
Weight:   753g
ISBN:   9781849464543
ISBN 10:   1849464545
Pages:   474
Publication Date:  
Audience:   College/higher education ,  Professional and scholarly ,  A / AS level ,  Undergraduate
Format:   Paperback
Publisher's Status:   Active
Introduction and General Presentation 1. Objectives 2. User’s guide 3. Methodology 4. Some advice on how to deal with practical cases 5. Acknowledgments 6. Feedback General recommended reading Part I: CASES Chapter 1 Subjects of Public International Law: States and International Organisations General plan: how to solve cases relating to subjects of international law The State and its constitutive elements Case 1.1 International organisations Case 1.2 Case 1.3 Recommended reading on subjects of public international law Chapter 2 Diplomatic Protection General plan to solve diplomatic protection cases, based on the ILC’s Draft Articles on Diplomatic Protection from 2006 Case 2.1 Case 2.2 Case 2.3 Case 2.4 Case 2.5 Recommended reading on diplomatic protection Chapter 3 Treaty Law General plan to solve treaty law cases based on the Vienna Convention on the Law of Treaties 1969 Applicability of the Vienna Convention on the Law of Treaties (VCLT) Case 3.1 Reservations Case 3.2 Case 3.3 Competence to conclude treaties Case 3.4 ‘Pathologies’ of treaties: invalidity, termination and suspension Case 3.5 Case 3.6 Case 3.7 Case 3.8 Case 3.9 Case 3.10 Recommended reading on treaty law Chapter 4 Responsibility of States for Internationally Wrongful Acts General plan to solve State responsibility cases based on the ILC Articles on Responsibility of States for Internationally Wrongful Acts (2001) (SRA) Attribution and violation of an international obligation Case 4.1 Case 4.2 Case 4.3 Case 4.4 Case 4.5 Case 4.6 Circumstances precluding wrongfulness Case 4.7 Case 4.8 Case 4.9 Case 4.10 Recommended reading on State responsibility Chapter 5 International Dispute Settlement: The International Court of Justice General plan to solve questions related to the competence of the International Court of Justice to judge contentious cases General plan to solve questions related to the competence of the International Court of Justice to pronounce upon advisory opinions Issues of personal jurisdiction Case 5.1 Case 5.2 Forms of consent: reservations to optional clause declarations Case 5.3 Case 5.4 Case 5.5 Other forms of consent Case 5.6 Case 5.7 Case 5.8 Issues of admissibility Case 5.9 Advisory opinions Case 5.10 Recommended reading on the International Court of Justice Chapter 6 Use of Force General plan to solve cases on the use or threat of use of force Article 2 paragraph 4 of the UN Charter Case 6.1 Case 6.2 Article 51 of the UN Charter Case 6.3 Case 6.4 Case 6.5 Chapter VII of the UN Charter Case 6.6 Case 6.7 Recommended reading on the use of force Chapter 7 Interconnected Cases Case 7.1 Case 7.2 Case 7.3 Case 7.4 Case 7.5 Case 7.6 Case 7.7 Case 7.8 Case 7.9 Case 7.10 Case 7.11 Chapter 8 Specialised Branches of International Law International human rights law Case 8.1 Case 8.2 Case 8.3 Recommended reading on international human rights law International refugee law Case 8.4 Case 8.5 Case 8.6 Recommended reading on international refugee law International humanitarian law Case 8.7 Case 8.8 Case 8.9 Recommended reading on international humanitarian law International criminal law Case 8.10 Case 8.11 Case 8.12 Recommended reading on international criminal law International environmental law Case 8.13 Case 8.14 Recommended reading on international environmental law Part II: SUGGESTED SOLUTIONS Chapter 1 SUGGESTED SOLUTIONS Subjects of Public International Law: States and International Organisations SUGGESTED SOLUTIONS The State and its constitutive elements Case 1.1 SUGGESTED SOLUTIONS International Organisations Case 1.2 Case 1.3 Chapter 2 SUGGESTED SOLUTIONS Diplomatic Protection Case 2.1 Case 2.2 Case 2.3 Case 2.4 Case 2.5 Chapter 3 SUGGESTED SOLUTIONS Treaty Law SUGGESTED SOLUTIONS Applicability of the Vienna Convention on the Law of Treaties (VCLT) Case 3.1 SUGGESTED SOLUTION Reservations Case 3.2 Case 3.3 SUGGESTED SOLUTIONS Competence to conclude treaties Case 3.4 Situation (a) Situation (b) SUGGESTED SOLUTIONS ‘Pathologies’ of treaties: invalidity, termination and suspension Case 3.5 169 Case 3.6 172 Case 3.7 177 Case 3.8 179 Case 3.9 182 Case 3.10 185 Chapter 4 SUGGESTED SOLUTIONS Responsibility of States for Internationally Wrongful Acts SUGGESTED SOLUTIONS Attribution and violation of an international obligation Case 4.1 Case 4.2 Case 4.3 Case 4.4 Case 4.5 Case 4.6 SUGGESTED SOLUTIONS Circumstances precluding wrongfulness Case 4.7 Case 4.8 Case 4.9 Case 4.10 Chapter 5 SUGGESTED SOLUTIONS International Dispute Settlement: The International Court of Justice SUGGESTED SOLUTIONS Issues of personal jurisdiction Case 5.1 Case 5.2 SUGGESTED SOLUTIONS Forms of consent – reservations to optional clause declarations Case 5.3 Case 5.4 Case 5.5 SUGGESTED SOLUTIONS Other forms of consent Case 5.6 Case 5.7 Case 5.8 SUGGESTED SOLUTIONS Issues of admissibility Case 5.9 SUGGESTED SOLUTIONS Advisory opinions Case 5.10 Chapter 6 SUGGESTED SOLUTIONS Use of Force SUGGESTED SOLUTIONS Article 2 paragraph 4 of the UN Charter Case 6.1 Case 6.2 SUGGESTED SOLUTIONS Article 51 of the United Nations Charter Case 6.3 Case 6.4 Case 6.5 SUGGESTED SOLUTIONS Chapter VII of the United Nations Charter Case 6.6 Case 6.7 Chapter 7 SUGGESTED SOLUTIONS Interconnected Cases Case 7.1 Case 7.2 Case 7.3 Case 7.4 Case 7.5 Case 7.6 Case 7.7 Case 7.8 Case 7.9 Case 7.10 Case 7.11 Chapter 8 SUGGESTED SOLUTIONS Specialised Branches of International Law SUGGESTED SOLUTIONS International Human Rights Law Case 8.1 Case 8.2 Case 8.3 SUGGESTED SOLUTIONS International Refugee Law Case 8.4 Case 8.5 Case 8.6 SUGGESTED SOLUTIONS International Humanitarian Law Case 8.7 Case 8.8 Case 8.9 SUGGESTED SOLUTIONS International Criminal Law Case 8.10 Case 8.11 Case 8.12 SUGGESTED SOLUTIONS International Environmental Law Case 8.13 Case 8.14

Cristina Verones is a PhD Candidate at the Graduate Institute of International and Development Studies in Geneva, Switzerland and a Teaching Assistant at the Geneva Academy of International Humanitarian Law and Human Rights in Geneva, Switzerland. She is currently a visiting researcher at the Georgetown University Law Center, Washington DC. Sébastien Rosselet is a PhD Candidate at the University of Geneva, Switzerland and a Teaching Assistant at the Faculty of Law of the University of Geneva. He has also worked as a Teaching Assistant at the Geneva Academy of International Humanitarian Law and Human Rights, Switzerland, and has undertaken a clerkship at the International Court of Justice, The Hague.

Reviews for The Public International Law Study Guide for Students: Exercises and Answers

This is a clearly-written and informative book that helps students to assess and apply their knowledge to specific problem scenarios and then check their own draft answers with the authors' suggested solutions. It should appeal to students on general public international law courses as an effective self-assessment tool and also to lecturers as an inspiration for setting seminar/workshop materials. -- Ali Raiss-Tousi * Birkbeck University of London *


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