Le Grand Syllabus 2016/2017
- Final exam (50% of course mark) ; - In-class participation (10%). Course Description : The course will cover both humanitarian law – formerly designated as laws of war - and protection of human rights. Indeed, human rights have been a subject matter for international law at ﬁrst in the time of war, in order to ensure respect for and protection of the civilian population and civilian objects and to regulate then if necessary - to punish the misbehaviour of combattants. In the present time, humanitarian law has gone through major developments as it has been illustrated in many internal or international conﬂicts and in an age of terrorism. That will be the object of the ﬁrst part of the course. The second part will deal ﬁrstly with protection of human rights at the international level, particularly by the UN, secondly it will be devoted to the regional approach of Human rights. That depends very much on the political and cultural background. Islamic, South American or even Russian approaches vary from the European one. More speciﬁcally the European Convention on human rights is certainly the most efﬁcient instrument and therefore will constitute an important part of the course. The European Court of Human Rights has a major inﬂuence on the legislation and on the judiciary of European countries. Its judgments affect civil and criminal law but also aspects of domestic political life and international commitments of the States parties to the Convention. The main principles ﬂowing down from the interpretation of the Court and the mechanism of control will be explored and illustrated through examples. Required reading : Antonio Cassese, et al., International Criminal Law : Cases and Commentary, Oxford, 2011 ; Laurie R. Blank and Gregory P. Noone, International Law and Armed Conﬂict : Fundamental Principles and Contemporary Challenges in the Law of War, New York : Wolters Kluwer, 2013 ; Gary D Solis, The Law of Armed Conﬂict. International Humanitarian Law in War, Cambridge University Press, 2010, 2nd ed., 2016..
Teachers : Najib MESSIHI (Doctorant). Prerequisite : None. Pedagogical format : Seminar Course validation : Requirements and grading : - Mid-term exam (40% of course mark) ; - Final exam (50% of course mark) ; - In-class participation (10% of course mark). Course Description : This course is designed as a classical introduction to public international law. It aims at acquainting students with the basic concepts, rules and mechanisms of this branch of law that governs relations among sovereign states and which is increasingly concerned with the regulation of relations between states and natural or legal persons. In line with the geographical area of specialization of Menton campus, priority will be given to examples taken from modern history and current situation of the Middle East. Among the issues that will be addressed are : the second Arab-Israeli war (1967), the hostages crisis of the American embassy in Teheran (1979), the invasion of Kuwait (1990), the international armed interventions in Iraq (1991-2003) and Libya (2011), the question of Western Sahara, the statehood of Palestine and the consequences of its accession to the Statute of the International Criminal Court, the Syrian refugees crisis, the ISIS phenomenon and the Special Tribunal for Lebanon. Session 1 : Introduction (I) : International law : notion and main characteristics. Session 2 : Introduction (II) : Historical development of international law. Session 3 : Introduction (III) : Is international law really law ? Session 4 : The sources of international law (I) : Treaties (1) : deﬁnition and conclusion. Session 5 : The sources of international law (II) : Treaties (2) : application, invalidity and termination. Session 6 : The sources of international law (III) : General principles of law, judicial decisions, writings of publicists, unilateral acts of states and resolutions of international organizations. Session 7 : The enforcement of international law (I) : The reception of international l