COURSE INTRODUCTION AND APPLICATION INFORMATION


Course Name
International Law
Code
Semester
Theory
(hour/week)
Application/Lab
(hour/week)
Local Credits
ECTS
LAW 308
Spring
3
0
3
5
Prerequisites
None
Course Language
English
Course Type
Required
Course Level
First Cycle
Course Coordinator
Course Lecturer(s)
Assistant(s) -
Course Objectives The series of topics is composed to highlight and demonstrate the significance of the understanding of the rules, procedures and means governing international order in spite of its fundamentally political nature.
Learning Outcomes The students who succeeded in this course;
  • To strengthen knowledge about the basic concepts and principles of public international law
  • To strengthen knowledge about the basic concepts and principles of the international legal system
  • Students will have sufficient knowledge on international criminal law
  • Students will have sufficient knowledge on international human rights law, law of refugees
  • Students will have sufficient knowledge on international economics law
  • Students will have sufficient knowledge on international law of the sea in accordance with the current developments.
Course Content International law will be offered as an indispensable and complementary tool of analyses in pursuit of a correct and comprehensive view of often simplified, but nevertheless highly complex occurrences in international relations.International Law II intends to introduce and outline the various subjects regulated by the contemporary rules of international law. A broad range matters is going to be discussed and illustrated through explanations and cases from the practice of international relations. The subjects to be reviewed include the international law of the sea, international law of armed conflicts, international law of human rights, international environmental law. The course also aims to discuss the disputes between States that are related to the said subjects.

 



Course Category

Core Courses
Major Area Courses
Supportive Courses
Media and Managment Skills Courses
Transferable Skill Courses

 

WEEKLY SUBJECTS AND RELATED PREPARATION STUDIES

Week Subjects Related Preparation
1 The Concepts of “Law” and “International Law”: International Community The Term “International Law” Defining International Law International Law as Law: Its Distinctive Features The Scope of International Law History and Development of International Law -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 1-35. -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 1-25.
2 International Law and National Laws: The Differences in Terms of Law Creation The Differences in Terms of Law Enforcement The Nature of Relation between International Law and National Law The Theories Explaining the Relationship The Situation in the Turkish Law Seminar: Evaluate the rule added to the Article 90 of the Turkish Constitution “In the case of a conflict between international agreements in the area of fundamental rights and freedoms duly put into effect and the domestic laws due to differences in provisions on the same matter, the provisions of international agreements shall prevail.” Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 129-165. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 63-71. Online Sources: Exercise on treaty implementation: Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, Paris, 17 December 1997 [1999] ATS 21 http://www.austlii.edu.au/au/other/dfat/treaties/1999/21.html Compare implementation of this treaty in different states – See ‘Update on steps taken by countries to implement the Convention’: http://www.oecd.org/document/24/0,2340,en_2649_201185_1933144_1_1_1_1,00.html Compare also UN Convention against Corruption, New York 2003 UK Treaty Series No.14 (2006) http://www.fco.gov.uk/Files/kfile/339730_CM6854.pdf
3 Sources of International Law International Treaties: Sub-Titles: The Concept of the Sources of Law Formal (Binding) Sources of International Law Secondary Sources of International Law International Treaties General Characteristics of International Treaties Various Concepts used to describe International Treaties The Role of Customary Law in International Law The Constituting Elements of a Treaty Rule The Creation of International Treaties Reservations Giving the Binding Feature to International Treaties Application of International Treaties The Turkish system in the Creation of International Treaties The Factors Affecting Validity of International Treaties The Legal Effects and Interpretation of International Treaties Ending an International Treaty Changing the Provisions of International Treaties Seminar: Please evaluate the Greek argument stating that the international regulation regarding to the disarmed status of Eastern Aegean Islands was expired. Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 25-29, 55-77. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 35-60. Online Sources: Convention on the Law of Treaties, Vienna, 23 May 1969 http://untreaty.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf For history and later ILC work on reservations http://untreaty.un.org/ilc/summaries/1_8.htm
4 The Sources of International Law Customary Law and General Principles of Law: Sub-Titles: Creation of Custom in International Law The Constituting Elements of a Customary Rule The Role of Customary Law in International Law The Characteristics a General Rule of Law The Role of General Principles of Law in International Law Seminar: Turkey does not allow Greece to declare a 12-mile territorial sea in Aegean. However 1982 United Nations Convention on the Law of the Sea allows States to declare a territorial sea up to 12 miles. Evaluate the position of Turkey. Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 98-124. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 39-60. Online Sources: Customary law stated in a General Assembly resolution - the ICJ judgment in Military and Paramilitary Activities (Nicaragua v USA) 1986: http://www.icj-cij.org/docket/index.php?p1=3&p2=3&code=nus&case=70&k=66 And see the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations, UN General Assembly Resolution 2625 (XXV): http://www.un.org/documents/ga/res/25/ares25.htm For an ICJ case looking at a customary rule, see Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium) http://www.icj-cij.org/docket/index.php?p1=3&p2=3&code=cobe&case=121&k=36
5 International Dispute Settlement: Dispute Resolution in Intl Law: (1) Peaceful Settlement (Pacific Settlement) (2) Use of Force Peaceful Methods: (1) Arbitration: (2) Adjudication (3) Advisory options. (4) Mediation system by notable figure (5) Special Claims Tribunal The International Court of Justice Compulsory Jurisdiction: Art 36(2) Other international Courts and Tribunals: - International Whaling Commission - International Tribunal for the Law of the Sea - International Criminal Tribunal for the Former Yugoslavia - International Criminal Tribunal for Rwanda - International Criminal Court - WTO Dispute Settlement Mechanism - European Court of Justice Seminar: Please evaluate the dispute between China and Japan over the Senkaku Islands and propose a peaceful settlement. Readings: -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 273-300.
6 Personality International Law: Personality and Statehood Sub-Titles: The Concept of Personality in Law The Concept of Personality in International Law Subjects (Persons) of International Law State as an International Law Subject The Constituting Elements of Statehood The Role of Recognition in Statehood Different Kind of States in International Law and Legal Consequences International Organizations and Other Subjects Sub-Titles: The Concept of International Organization The Limits of the Personality of an International Organization The Rights and Responsibilities of International Organizations The Structure of International Organizations Various Kinds of International Organizations Other Subjects of International Law: Persons etc. Seminar: 1. The Federal System of the United States 2. Evaluate the Palestinian Authority according to the constituting elements of statehood. 3. Evaluate the status of Taiwan. 4. The status of minorities under international law. Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 166-204. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 75-90. Online Sources: Convention on the Rights and Duties of States, Montevideo, 26 December 1933, Article 1 http://www.yale.edu/lawweb/avalon/intdip/interam/intam03.htm Independence and sovereignty - see point 3 of the separate opinion of Judge Anzilotti in the Austro-German Customs Union case (PCIJ) : http://www.icj-cij.org/pcij/index.php?p1=9&p2=3&p3=2&co=A/B41
7 Jurisdiction of States: -Definition of Jurisdiction -Different Types of Jurisdiction -Bases for Claiming Jurisdiction -Criminal Jurisdiction of a State -Civil Jurisdiction of a State -Diplomatic Immunities and Privileges for States and International Organizations Seminar: On what legal grounds may a Turkish Court exercise jurisdiction on Basser El-Esed. Please express your own views. Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 300-337. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 109-117. Online Sources: The Permanent Court of International Justice, Case of the Lotus http://www.icj-cij.org/pcij/serie_A/A_10/30_Lotus_Arret.pdf
8 Mid Term Exam
9 International Maritime Law: -Forms of using the seas -Development of the rules governing the sea areas -Internal waters -Territorial waters -Straits -Archipelagic waters -Islands and their maritime areas. -Contiguous seas -Continental shelf -Exclusive economic zone -High seas and international sea bed. Seminar: 1. The Passage Regime through the Turkish Straits 2. Examine the illegal activities on the high seas 3. Aegean maritime disputes between Greece and Turkey Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003), pp. 406-415. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 173-182. Online Sources: United Nations Convention on the Law of the Sea, Montego Bay, 10 December 1982 http://www.austlii.edu.au/au/other/dfat/treaties/1994/31.html International Maritime Organisation http://www.imo.org/home.asp http://www.internationalwaterlaw.org/regionaldocs/rhine_river.html On the position of the USA, see ASIL Insight ‘The United States and the 1982 Law of the Sea Treaty http://asil.org/insights/2007/06/insights070611.html
10 International Environmental Law: -Polluting activities -International agreements for protecting the environment -Cultural and natural monuments to be protected Seminar: Evaluate the Kyoto Protocol and the Turkey’s position. Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003), pp. 429-435. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 241-254. Online Sources: Research Materials on International Environmental Law, http://www.wcl.american.edu/environment/iel/ United Nations Environment Program, http://www.unep.org Rio Declaration 1992 http://www.unep.org/Documents/Default.asp?DocumentID=78&ArticleID=1163 Basel Convention http://www.basel.int/
11 International Human Rights Law: -The concept of human rights -Internationalization of human rights -Basic international documents and the rights protected -Regulations for supervising the application of international conventions -Regional regulations. European Human Rights System Sub-Titles: -Development of human rights concept in Europe after the II: World War -The role of the Council of Europe -European Convention on Human Rights -Rights protected. -System of Protection Seminar: Evaluate the Latin American system of human rights. Readings: -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 209-222. Online Sources: Human Rights Library, http://www1.umn.edu/humanrts/un-orgs.htm A summary of United Nations Agreements on Human Rights, http://www.hrweb.org/legal/undocs.html. Seminar: Evaluate the Turkey’s situation as to the European Convention on Human Rights and the European Court of Human Rights. Readings: -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 209-222. Online Source: European Court of Human Rights, http://www.echr.coe.int/echr European Convention on Human Rights and Additional Protocols, http://www.echr.coe.int/NR/rdonlyres/D5CC24A7-DC13-4318-B457-5C9014916D7A/0/EnglishAnglais.pdf
12 Use of Force in International Law: Right to use military force before the UN system -The UN system and use of force -The scope of right to use force today -The conditions in which Security Council may allow use of force? -Right to self-defense. International Law of Armed Conflicts Sub-Titles: -Concepts of war and armed conflict -Divisions among the rules regulating the military conflict -The concept of humanitarian law -Violations of law of armed conflicts constituting crimes Related Questions: 1. What are the basic international treaties establishing law of armed conflicts? 2. What issues are dealt with by the humanitarian law? 3. Can you enumerate some violations that constitute crimes? Seminar: NATO’s Intervention to Kosovo 1999 Readings: -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 306-352 -Kerem Batır, Humanitarian Intervention in International Law: European Conflicts, 2004 (relevant parts will be given by the Lecturer) Online Sources: International Court of Justice, Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons, http://www.un.org/law/icjsum/9623.htm European Parliament, Criteria for the use of force, www.europarl.europa.eu/meetdocs/2004_2009/documents/dv/cuf-summary_pc_/cuf-summary_pc_en.pdf Bruno Simma, NATO, the UN and the Use of Force: Legal Aspects, http://www.ejil.org/journal/Vol10/No1/100001.pdf. Seminar: Evaluate the crime of genocide and allegations of “Armenian Genocide”. Readings: Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 352-364. Online Sources: Geneva Conventions, http://www.icrc.ch/Web/Eng/siteeng0.nsf/html/genevaconventions Research Guide Humanitarian Law of Armed Conflicts, http://www2.spfo.unibo.it/spolfo/HUMLAW.htm
13 State Succession: -Definition of State succession -The issues covered by State succession -Succession to territory -Succession to international agreements -Succession to property -Succession to States’ debts Seminar: Analyze the articles of Lausanne Treaties of 1923 in relation to Turkey’s succession to the Ottoman Empire. Readings: Richard K. Gardiner, International Law, Longman Law Series, (2003), pp. 186-188. Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 161-173. Online Sources: Matthew C.R. Craven, The Problem of State Succession and the Identity of States under International Law, http://www.ejil.org/journal/Vol9/No1/art5.pdf State Succession in Matters of Property and Debts, http://www.idi-iil.org/idiE/resolutionsE/2001_van_01_en.PDF
14 International Space Law: -Definition of space -Legal status of space area -Legal regime for the people and spacecrafts -Legal regime of the space activities Seminar: Evaluate the recent touristic activities to the space within the context of space law. Readings: Richard K. Gardiner, International Law, Longman Law Series, (2003), pp. 419-428. Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 198-209. Online Sources: United Nations Office for Outer Space Affairs, http://www.unoosa.org/oosa/SpaceLaw/index.html International Space Treaties, http://www.islandone.org/Treaties/ J.J. Hurtak, Existing Space Law Concepts and Legislation Proposals, http://www.affs.org/html/existing_space_law_concepts.html
15 International Law of Economic relations : -The concept of international economic relations -International institutions regulating the international economic relations -Attempts to liberalizing the international economic relations -Rules related to international investments Related Questions: 1. Can you name some international institutions regulating the international economic relations? 2. How do you evaluate the level of liberalizing the international economic relations? 3. What are the basic rules related to international investments? Seminar: Evaluate the structure and activities of WTO( World Trade Organization) and GATT (General Agreement on Trade and Tariffs) Readings: Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 222-239. Online Sources: ASIL Guide to Electronic Resources for International Law, International Economic Law, http://www.asil.org/resource/iel1.htm GATT and the World Trade Organisation, http://www.jus.uio.no/lm/international.economic.law/wto.html North American Free Trade Agreement, http://www.jus.uio.no/lm/international.economic.law/nafta.html
16 Review of the Semester
Course Textbooks

Akehurst’s Modern Introduction to International Law, Eighth Edition, (2012)

Uluslararası Hukuk Temel Ders Kitabı, Fifth Edition, (2015)

References Reading materials to be given by the lecturer.

 

EVALUATION SYSTEM

Semester Requirements Number Percentage
Participation
Laboratory / Application
Field Work
Quizzes / Studio Critiques
Homework / Assignments
Presentation / Jury
Project
Seminar / Workshop
1
20
Midterms / Oral Exams
1
30
Final / Oral Exam
1
50
Total

Contribution of Semester Work to Final Grade
2
50
Contribution of Final Work to Final Grade
1
50
Total

ECTS / WORKLOAD TABLE

Activities Number Duration (Hours) Workload
Course Hours
Including exam week: 16 x total hours
16
3
48
Laboratory / Application Hours
Including exam week: 16 x total hours
16
Study Hours Out of Class
16
1
Field Work
Quizzes / Studio Critiques
Homework / Assignments
Presentation / Jury
21
Project
Seminar / Workshop
1
Midterms / Oral Exams
1
20
Final / Oral Exam
1
30
    Total
114

 

COURSE LEARNING OUTCOMES AND PROGRAM QUALIFICATIONS RELATIONSHIP

#
Program Qualifications / Outcomes
* Level of Contribution
1
2
3
4
5
1

To be able to use the advanced theoretical and practical knowledge that the graduates have acquired in the areas of political science and international relations.

2

To be able to examine, interpret data and assess concepts and ideas with the scientific methods in the areas of political science and international relations

3

To take the responsibility as a group team member and as an individual to solve unforeseen and multi-dimensional problems that are unforeseen in practice

4

To be able to recognize regional and global issues/problems, and to be able to develop solutions based on research and scientific evidence

5

To be able to assess the acquired knowledge and skills in the areas of political science and international relations critically and to detect learning requirements and to guide learning.

6

To be able to inform authorities and institutions in the area of international relations; to be able to transfer ideas and proposals supported by quantitative and qualitative data about the problems verbally and in writing to experts and non-experts

7

To be able to interpret theoretical debates regarding relations among factors in global politics such as structures, institutions and culture, to be able to pinpoint the continuities and changes of main dynamics of international relations.

8 To be able to distinguish the differences between the classical and contemporary theories and to assess their relationship,
9

To be able to make use of other disciplines which contribute to political science and international relations (law, economics, sociology, psychology, etc.) and to have the basic knowledge of these disciplines.

10

To be able to keep abreast of current news on political science and international relations, learn a foreign language and to communicate with one’s peers (European language portfolio global scale, level B1).

11

To be able to speak a second foreign at a medium level of fluency efficiently.

12

To have ethical, social and scientific values in the stages throughout the processes of collecting, interpreting, disseminating and implementing data related to political science and international relations.

13

To be able to improve the acquired knowledge, skills and qualifications for personal and social reasons.

*1 Lowest, 2 Low, 3 Average, 4 High, 5 Highest