UGANDA MARTYRS UNIVERSITY

MAIN CAMPUS, NKOZI

READING LIST 2023-2024

PUBLIC INTERNATIONAL LAW COURSE OUTLINE

COURSE OBJECTIVE:
The objective of this course is to introduce students to the principles, customs and rules of
international law. Students after completion of this course should be able to tackle most
advanced international topics.

The course in International law is intended to equip students with an in-depth understanding of
the concepts underlining the rules and principles governing the relations and dealings of
nations with each other; relations between states and individuals, and relations between
international organizations and states. In addition to the above, the course is intended to enable
students grapple with basic, classic concepts of law in national legal systems status, property,
obligations, and tort (or delict) and how they can apply substantive law, procedure, process
aimed at obtaining remedies for wrongful acts or injuries suffered at the international level.

The overall outcome of the course:

Students successfully completing this course unit should be able to:

● Understand and appreciate fundamental concepts of International law including the

nature of the international system, how it is organized and how it works;

● Demonstrate knowledge and understanding of the key legal regimes operating in the
international realm;

● Demonstrate the ability to identify various factors and forces that shape the
contemporary international community and how problem-solving contexts are
interrelated ,

● Determine legal issues raised by current international events;

● Apply the knowledge gained from this course unit( apply public international law) to
solve contemporary international events and the problems they present

TEACHING AND ASSESSMENT:

Lectures will be based on theoretical aspects of international law while the practical aspects
will be addressed using case studies based on current global trends. This will be possible
through rigorous engagement of the students through discussions on identified topics and cases
in order for them to improve on their critical thinking and analysing situations. The method of
assessment will be two fold; test and or coursework which will contribute for 50% of the total
marks and examinations will be assessed out of 50%.

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While conducting lectures, the teaching of the course unit will take the formal lecturing format,
class discussions and presentations made by students guest speakers and by the students. There
will be four hour lectures every week on topics specified in this course outline. As indicated
above, one of the objectives of the course is to encourage analytical and critical thinking of the
student, particular importance is attached to class discussions and presentations but this can
only be possible if the student takes a proactive step towards individual research and pre-
reading as guided by the course outline. Pre-reading is therefore highly recommended and
expected to enable the student have easier understanding during class lectures. For the
avoidance of doubt, it is the students’ prerogative to take responsibility for their own learning
by engaging in research as directed and reading the course material provided. Students are
therefore encouraged to discuss any problems they may encounter during research with the
respective instructor and engage in discussions.

Lecture attendance is compulsory and the student must attend 75% of the lectures in
accordance of the University Policy (Students must consult the faculty administrator for the
rules and regulations regarding class attendance).

It is every student’s responsibility to sign the class attendance register circulated during class.
(The class attendance register will serve as proof of attendance or non-attendance of lectures)

N.B The reading list is only intended to guide the students in their reading for the course
and should hence not be considered as conclusive. Students are therefore strongly advised
and encouraged to do intensive and wide reading on the subject to keep abreast with
current and emerging issues on the globe as they unfold.

GENERAL READING/ ESSENTIAL TEXTS

Harris D.J, Cases and Materials in International Law, 6th ed. (London: Sweet& Maxwell, 2004)

Brownlie, I., Principles of Public International Law 5th ed. (Oxford: Clarendon Press, 1998)

Shaw, M.N, International Law, 4th ed. (Cambridge University Press, 2008)

Akehurst, M., A Mordern Introduction to International Law, 7th ed. (London: George Allen &
Unwin Publication, Ltd, 1998)

John Dugard, International Law: A South African Perspective 3rd edition Juta & Co. Ltd

Antonio Cassese, International Criminal Law: Oxford, Oxford University Press 2003

Judgments of the International Court of Justice and relevant international treaties

Charter of the United Nations 1945

Statute of the International Court of Justice (ICJ)

Vienna Convention on the Law of Treaties 1969

1. Introduction to the Evolution of the Role of Law in International Relations and

the Nature of International Law as Law

2. Nature and History of international law

● Differences between international law and municipal law
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 1. Legislature
2. Executive authority
3. International courts
● The problem of sanctions
● Is international law really law?
● The history of international law
D’ Amato, A, Is International Law Really Law”? (1985) 79 Northwestern Law Review 1293
Bederman, ‘Reception of the Classical Tradition in International Law: Grotius’ De Jure Belli
ac Pacis’ (2000)
Reparations for Injuries Suffered in the Service of the United Nations (1949) ICJ Reports 174
Asylum Case (Colombia v. Peru) [1950] ICJ Reports 15
Corfu Channel Case (Great Britain v. Albania) [1949] ICJ Reports 6

3. Sources of international law

Statute of the International Court of Justice, articles 38 and 59
Charter of the United Nations, articles 2 (6), 13, 24, 25, 102 and 103
Vienna Convention on the Law of Treaties, articles 2, 6
1. Treaties or Conventions
2. Custom
● Settled practice (usus)
● Opinion juris
● Resolutions of the political organs of the United Nations
● Soft law
3. General Principles of Law Recognised by Civilised Nations
4. Judicial Precedent
5. Text Writings
6. Unilateral Acts of Sates
7. Codification
8. Jus Cogens, Obligations Egra Omnens and a System of High Norms

Cases:
● SS Lotus Case (Turkey v. France) [1927] PCIJ Ser. A, No.10
● Asylum Case (Colombia v. Peru) [1950] ICJ Report 266\South West Africa
Cases (Second Phase) (Ethiopia/ Liberia v. South Africa) [1966] ICJ Report
● Island of Palmas Case (Netherlands v. United States) [1928]2 RIAA 245\North
Sea Continental Shelf Cases (Denmark/ Netherlands v. Federal Republic of
Germany) [1969] ICJ Rep 3\Case Concerning Military and Paramilitary
activities in and against Nicaragua (Merits) (Nicaragua v. United States (1986)
ICJ Rep 6\Nuclear Tests Cases (Australia/New Zealand v. Franca) [1974] ICJ
Rep 253
● Legality of the Threat of Use of Nuclear Weapons (1996) ICJ Reports 226
● Corfu Channel Case (Great Britain v. Albania) [1949] ICJ Reports 6
● Legal Status of Eastern Greenland Case (Denmark v. Norway) [1933] PCIJ
Report Series A/B No. 53\Barcelona Traction, Light and Power Company Ltd
(1970) ICJ Reports 3
● East Timor Case (Portugal v. Australia (Application) [1995] ICJ Reports 90
● The Application of the Convention on the Prevention and the Punishment of the
Crime of Genocide, Preliminary Objections, (1996) ICJ Reports 595
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 ● Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory (1004) ICJ Reports 136

4. The place of International Law in Municipal Law

This topic attempts to tackle the two predominant theories of Monism and Dualism and
the concepts of Incorporation and Transformation in discussing the relationship
between International Law and municipal law. What is the implication of reliance by a
state on municipal law in conflict with international obligations? What is the status and
significance of municipal law in international tribunals and the approach of domestic
courts in international law?
Readings
● Vienna Convention on the Law of Treaties 1969, articles 27 and 46
● 1995 Constitution of Uganda as amended article 123
● Case concerning Arbitral Award of 31st July 1989 (Guinea- Bissau v.Senegal) [1989]83
ILR 1
● Unity Dow v. Attorney General of Botswana (1992) LRC 829
5. TREATIES
● Vienna Convention on the Law of Treaties 1969
● The definition of treaties article 2 (1) (a) Vienna Convention on the Law of Treaties
● The treaty making process
● Reservations
● Invalidity of treaties
6. States (recognition and non-recognition)
● The criteria for statehood
1. Permanent population
2. Defined territory
3. Government
4. Capacity to enter into relations with other states
5. Respect for human rights and self determination
● Recognition
1. Unilateral recognition
2. The method of recognition
3. Collective recognition by the United Nations and decolonisation
4. Collective non recognition
● Self-determination, statehood and secession
1. The Question
2. The Rules
3. The meaning of the Rules
4. Failed states
Readings:
● Montevideo Convention on the Rights and Duties of States 1933
● Charter of the United Nations, 1945, articles 1, 4, 55-56, 73-85
● Declaration on the Granting of Independence to Colonial Territories and Peoples,
General Assembly Resolution 1514 (XV) (1960)
● Declaration of Principles of International Law Concerning Friendly Relations and
Cooperation Among States in Accordance with the Charter of the United Nations,
General Assembly
● Ressolution2625(XXV) 1970
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 ● Legal Consequences for States of the Continued Presence of South Africa in South
West Africa (1971) ICJ Reports 6
● Western Sahara case (1975) ICJ Reports 6
6. Recognition of Governments

● De Facto and De Jure Recognition

● Recognition in municipal law

● Proof of recognition

● Legal effects of unrecognised states and governments

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 SEMESTER II
7. Territory

The concept of territory in International Law

● Intertemporal law
● Uti Possidetis
● The modes of acquisition of territory
1. Discovery
2. Occupation
3. Accretion
4. Cession
5. Prescription
6. Estoppel
7. Territorial claims based on the right of self determination
8. Legal ties of an historical nature
9. Colonial enclaves
Readings:
● Charter of the United Nations articles 2(4)
● Declaration of Principles of International Law Concerning Friendly Relations and
Cooperation Among States in Accordance with the Charter of the United Nations,
General Assembly
● Ressolution2625 (XXV) 1970
● Security Council Resolution 242 (1967)
● Security Council Resolution 660 (1990)
● Island of Palmas Case (Netherlands v. United States) [1928] 2 RIAA 829
● Frontier Dispute Case (Burkina Faso v. Mali) [1986] ICJ Reports 554
● Western Sahara Case (1975) ICJ Reports 6
● East Timor Case
● Sovereignty over Pulau Ligitan and Pulau Sipadan (2002) ICJ Reports 625
● Aegean Sea Continental Shelf 91978) ICCJ Reports 3
● Temple of Prea Vihear (Cambodia v. Thailand) [1962] ICJ Reports 6
● Case Concerning Land, Island and Maritime Frontier Dispute (Merits) (El Salvador/
Honduras) [1992] ICJ Reports 355
● Legal Status of Eastern Greenland (Denmark v. Norway) [1933] PCIJ Reports Series
A/B 53
● Mabo v. State of Queensland (1992) 107 ALR 1
● Botswana v. Namibia (1999) ICJ Reports 1045
● Cameroon v. Nigeria (2002) ICJ Reports 303
● Eritrea v. Ethiopia Decision of 13 April (2002) 130 ILR 1
● Libya v. Chad (1994) ICJ Reports 6

1. Settlement of disputes and adjudication under international law

International Crimes and Jurisdiction
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Jurisdiction:
● Territoriality
● Subjective and objective territoriality
● Protection of the state
● Nationality
● Passive personality
● Universal jurisdiction and international crimes
Cases:
Case on the Aerial Incident at Lockerbie
Case Concerning Arrest Warrant (2002) ICJ Reports 3
Pinochet Case (1999)
United States v. Yunis
Lotus Case (1927) PCIJ Reports, Series A No. 10
Kaunda v. President of South Africa CCT 23/24 (2004)

International crimes

Customary international law crimes

International treaty based crimes
● Genocide
● Apartheid
● Torture
● Hijacking
● Offences against safety of maritime navigation
● Drug-trafficking
● International terrorism
●
International Criminal Courts
● The Nuremberg and Tokyo International Military Tribunals
● The International Criminal Tribunal for the Former Yugoslavia
● The International Criminal Tribunal for Rwanda
● The International Criminal Court
Cases:
2. Extradition
Factors obstructing extradition
● Double criminality
● Speciality
● Non bis in idem
● Offences of political character
● Amnesty and the political offence
● International terrorism and the political offences
● Human rights
Procedure for extradition

● Deportation (Disguised extradition)

● Abduction

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International Cooperation in the Suppression of Crime by Means Other than Extradition

3. Immunity from Jurisdiction

Sovereign Immunity
Immunity, Human rights and international crimes
Criminal proceedings
Civil proceedings
Diplomatic and consular immunity
The Vienna Convention on Diplomatic Relations 1961 (Schedule 1 and 2)
Inviobility
Extraterritoriality of missions
Diplomatic missions
Asylum in diplomatic and consular premises
Readings:
Ex parte Pinochet (No. 3) [2000] 1 AC 147
Holland v. Lampen-Wolfe [2000] 1 WLR 1573
Trendtex Trading Corporation Ltd v. Central Bank of Nigeria [1977] 2 WLR 356
Al-Adsani v. Government of Kuwait (1996) 1 LL. R 104
Jones v. Saudi Arabia 2006] UKHL 26
KJ International v. MV Oscar Jupiter
Abbott v. South Africa
The Vienna Convention on Diplomatic Relations 1961
US Diplomatic and Consular Staff in Tehran case ICJ Reports, 1980, p. 3
Democratic Republic of the Congo v. Uganda, ICJ Reports, 2005, pp. 168, 274
The Asylum Case: Colombia v. Peru ICJ Reports, 1950, pp. 266
Alcom Ltd v. Republic of Colombia [1984] 2 All ER 6; 74 ILR, p. 180

4. State responsibility, diplomatic protection and the treatment of aliens

The International Law Commission (ILC) Draft Articles on State Responsibility
Attribution of conduct of state
Circumstances precluding wrongfulness
Legal consequences of internationally wrongful acts
Serious breaches of peremptory norms
Invocation of the responsibility of a state
Countermeasures
Diplomatic protection
Nationality
Nationality of natural persons
Nationality of corporations
The discretionary nature of diplomatic protection
Readings:
● Draft Articles on the Responsibility of States for Internationally Wrongful Acts,
adopted by the UN General Assembly on 12 December 2001, available at
http://untreaty.un.org/ilc/texts/instruments/english/draft%20articles/9_6_2001.pdf
● Gabčíkovo-Nagymaros Project (Hungary/Slovakia), judgement, 25 September 1997,
ICJ Reports 1997, p. 7. Read paras. 49-58, 82-87, 148-154.
● Legal Consequences of the Construction of a Wall in the Occupied Palestinian
Territory, advisory opinion, 9 July 2004; ICJ Reports 2004, p. 136

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● RainbowWarrior Arbitration between France and New Zealand 81 AJIL, 1987, p. 325
and 74 ILR, p. 256

● Chorz´ow Factory case PCIJ, Series A, No. 17, 1928, p. 29

● Spanish Zone of Morocco claims 2 RIAA, p. 615 (1923)
● Corfu Channel case ICJ Reports, 1949, p. 4
● Nicaragua v. United States, ICJ Reports, 1986, p. 14
● Caire case 5 RIAA, pp. 516, 530 (1929)
● Legality of the Threat or Use of Nuclear Weapons ICJ Reports, 1996, pp. 226
● Serbian Loans case PCIJ, Series A, No. 20, 1929, p. 39
● Barcelona Traction case ICJ Reports, 1970, pp. 3, 32; 46
● The Consequences of Internationally Wrongful Acts
● Cessation
● Rainbow Warrior case
● LaGrand case ICJ Reports, 2001, p. 466
● Reparation
● Chorz´ow Factory case PCIJ, Series A, No. 17, 1928, pp. 47–8.
● Gabˇc´ıkovo–Nagymaros Project case
● Genocide Convention (Bosnia v. Serbia) case
● Nottebohm case ICJ Reports, 1955, p. 4; 22 ILR, p. 349
● Diallo case ICJ Reports, 2007, paras. 60
● Interhandal case (1959) ICJ Reports
● Elettronica Sicula (ESLI) Case (1989) ICJ Reports 15
● Certain German Interests in Polish Upper Silesia case PCIJ, Series A, No. 7, 1926; 3
AD, p. 429.

● Texaco v. Libya ILR, p. 389.

● Aminoil case 21 ILM, 1982, p. 976; 66 ILR, p. 519.

5. The law of the Sea

6. International Adjudication
The International Court of Justice
Continuous proceedings
Jurisdiction
i. Cases which parties refer t the court (special agreement)
ii. Cases provided for in treaties or conventions in force (compromissory
clause)
iii. Matters specially provided for in the UN Charter
iv. Optional clause
v. Third parties

Admissibility

Proceedings

Non appearance

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 Judgment and court’s enforcement

The limits of international adjudication

Advisory Opinions

7. The United Nations and the Maintenance of International Peace

The General Assembly

Security Council
Chapter VI of the UN Charter
Chapter VII
i. Provisional measures
ii. Non-forcible measures
iii. Forcible measures
iv. Legislation
v. Article 24

Peace keeping Forces

8. The Use of Force by States

The Forms of Force Prohibited
Economic Force
Indirect Force

Circumstances in which force is permitted without the authorization of the UN

Anticipatory self defence

Hot pursuit
Self defence against terrorism
Defence of nationals
Humanitarian intervention
Collective self defence
The invasion of Iraq in 2003 and the notion of peremptory self defence
Intervention in Civil Strife and Civil Wars
i. Intervention where the rebels are not externally assisted
ii. Intervention where the rebels are externally assisted

Readings:

The United Nations Charter adopted on 26th June 1945, (entered into force on 25th October
1945) available at http://treaties.un.org/doc/Publication/CTC/uncharter-all-lang.pdf

Statute of the International Court of Justice

Declaration on principles of international law concerning friendly relations and cooperation

among states in accordance with the Charter of the United Nations, adopted by the UN General
Assembly on 24 October 1970, GA Official documents, 25th session, supp. nº 28, p. 131, UN
Doc A/5217 (1970), available at http://daccess-dds-
ny.un.org/doc/RESOLUTION/GEN/NR0/348/90/IMG/NR034890.pdf?OpenElement
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Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of
America), Merits, judgement of 26 June 1986, ICJ Reports 1986, p. 14. Read paragraphs 172-
269.

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