I. Course Description

Introduction to the practice of international courts and arbitral tribunals and their role in the development of international law. Offered in a seminar format using lectures, case-studies, and class exercises as teaching methods, the course will outline the evolution and structure of international tribunals, examine the development of international legal principles by international tribunals with reference to "sources" methodology, and discuss issues concerning the effectiveness and future role of international courts in the development of international law.

II. Course Goals

III. Office Hours, Telephone Numbers, E-Mail, and the Ubiquitous Website

John's office is in Room 115 (inside the Law Library). His office hours are Monday through Friday, 8:00 a.m. to 4:00 p.m. John will also be available for a short time after class, and by special appointment. John's office telephone is 202-274-4329, and his home telephone is 301-929-2535. His e-mail address is: heywood@american.edu

Chris works downtown for the Institute of Electrical and Electronics Engineers (1828 L Street, NW, Suite 1202). He will be available after class, and you can telephone to make arrangements to meet with him in his office. Chris's office telephone is 202-785-0017, and his home telephone is 301-439-7729. His e-mail address is: c.brantley@ieee.org

We have established a mailing list for this course. A mailing list is a way for all of us to communicate easily with each other by e-mail. When you post a message to the list, everyone on the list gets a copy in their e-mailbox. All enrolled members of this class are members of the list, as are both professors. To send a message to the list, just address it to:

This list is not yet ready.

Messages from the list will have "intcourts" in the FROM field. We expect students to use the list for out-of-class discussion, preparation of the in-class exercises, and for questions to the professors. We will actively participate in the discussion online, both posing and answering questions, as well as commenting on the issues at hand. Participation in the online discussion will count toward your class participation grade. You are required to check your e-mail regularly for this class, as we will post important announcements there first.

Like every commercial on television these days, we have a website:

http://real-ale.wcl.american.edu/courts/

The entire set of 1999 Course Materials is (or will be soon) on the website. In addition, we will post additional materials, reference sources, and other useful items of interest to the class.

IV. Course Requirements

70 % Scholarly Paper: (30+ pages, exclusive of notes, double-spaced with one inch margins) based on a topic relating to the role of an international tribunal(s) in the development of international law. A written topic proposal must be presented for approval by 28 September 1999. The paper will satisfy the W.C.L. Upper Level Writing Requirement.

20 % Class Presentation: 5 minute topic presentation to the class early in the semester and a 20 minute major class presentation on paper topic at the end of the semester. The grade will be based on the following factors: preparation, organization, grasp of topic, effective use of time, and responsiveness to questions.

10 % Class Participation: evaluation of attendance, preparation for and participation in class room discussion, participation in the online discussion, and participation in class exercises.

V. Attendance

All students are expected to attend and participate in classes. More than three unexcused absences will result in entry of a failing grade for the course.

VI. Late papers and Plagiarism

Late Papers

Papers are due in John Heywood's office no later than 4:00 p.m. on Friday, 3 December 1999. This is during Reading Period. If you are a student who is graduating this December, you MUST get your paper in to us by this date in order to graduate. We need time to read and evaluate your work before assigning a grade. If you miss this deadline, we may not be able to turn your grade in to the Registrar in time for you to graduate.

Papers turned in after this date and time without a previously approved extension will be penalized one-half letter grade for every weekday (excluding holidays) after the due date. The day ends at 4:00 p.m.

Example: A paper is turned in at 4:45 p.m. on Tuesday, 7 December 1999, without a pre-approved extension. If the paper had been turned in on time, it would have received a B+. The paper was effectively handed in on Wednesday, 8 December 1999, and is thus 3 days late. It receives the grade of C.

Short extensions for worthy causes, such as computer failure, death in the family, my dog ate my disk/paper, etc., will be granted with no penalty if you apply for it before the time the paper is due. (i.e., If you are printing out your paper 10 minutes before 4:00 p.m. on the third of December and your computer dies, call us immediately.) These extensions will be very short in duration; no more than a day or two.

Plagiarism and Related Problems

Everyone knows that plagiarism is wrong, but not everyone is clear on what exactly is plagiarism. It is the gravest of the academic sins, and it is more than just copying without attribution. We have listed the various forms of plagiarism below in descending order of gravity, (1) being classic absolute plagiarism, and (9) being a much lesser version. All of them should be avoided. Non-de minimus plagiarism will be punished. It will result in zero points for the paper, and thus an F for the course. The case will also be turned over to the Office of Student Affairs for prosecution under the W.C.L. Honor Code.

Plagiarism is:

VII. Class Outline (Discussion Topics and Assignments)

Class 1 - Introduction to Course
24 August 1999

Discussion Topics:

1. Administrative Matters
2. Is International Law Really Law?
3. Evolution and Theoretical Underpinnings of International Tribunals
4. Introduction to Course Themes

Seminar work:

• How to use our Electronic Course Materials

Reading Assignment:

None

Class 2 - Researching and Writing on International Law
31 August 1999

Discussion Topics:

1. The Research Plan
2. International law sources
3. Foreign law sources
4. In-depth Library Tour

Reading Assignment:

None

Class 3 & 4 - Structure of International Courts
7 September & 14 September 1999

Discussion Topics:

1. The International Court of Justice (ICJ) in the United Nations System
2. Structure of the ICJ
3. Regional Courts:
   1. European Court of Justice (ECJ)
   2. Regional Human Rights Systems
      1. European Court of Human Rights (ECHR)
      2. Inter-American Commission/Court of Human Rights (IACHR/IACtHR)
4. International Humanitarian Law Tribunals
   1. Pre-World War II
   2. International Military Tribunal (Nuremberg)
   3. International Military Tribunal for the Far East (Tokyo)
   4. Former Yugoslavia
   5. Rwanda
5. International Criminal Court (ICC)
6. Ecuador/Peru Border Dispute Resolution
7. Overview of Trade Agreement Dispute Resolution
8. Introduction and History of Arbitral Tribunals
9. International Claims Mechanisms (Iran and Iraq)
10. Law of the Sea Tribunal

Seminar work:

• Selecting Research Topics

Reading Assignment:

1. United Nations Charter
2. Statute of the International Court of Justice
3. European Court of Justice Materials
4. European Court of Human Rights Materials
5. Inter-American Commission and Court of Human Rights Materials
6. Nuremburg & Tokyo Materials
7. Former Yugoslavia & Rwanda Tribunals Materials
8. International Criminal Tribunal Materials
9. Trade Dispute Resolution Materials
10. Simmons, Territorial Disputes and Their Resolution: The Case of Ecuador and Peru, Peaceworks No. 27 (April 1999).

Class 5 & 6 - Procedure in International Courts
21 September & 28 September 1999

Discussion Topics:

1. Procedure in the ICJ - Getting there
2. Procedure in the ICJ - What you do once you are there
3. Chambers Procedures in the ICJ
4. Problems of Non-Appearance, Non-Participation, and Non-Performance in the ICJ
5. Procedure in the regional international tribunals
6. Procedure in the war crimes tribunals
7. Procedure in other tribunals

In-Class Exercise:

• Operation Sandtrap: A Case-Study in Decision-Making.

Seminar work:

• Class 5: Status of Topic Research
• Class 6: Presentation of Topic Proposals (Note: Written Topic Proposals are due)

Reading Assignment:

1. The Corfu Channel Case: A Chronology.
2. The Corfu Channel Case (U.K. v. Alb.)(Merits)(1949).
3. Selected Articles and Rules in the UN Charter, the ICJ Statute, and the ICJ Rules
4. Selected Articles and Rules in the primary sources materials from the other tribunals

Classes 7, 8, & 9 - Jurisdiction of International Courts
5 October, 12 October, & 19 October 1999

Discussion Topics:

1. Jurisdiction of the ICJ
   1. Contentious Jurisdiction: Compromis, Copromissory Clause, or Compulsory
   2. Advisory Jurisdiction
   3. Equitable Jurisdiction
   4. Justiciability and the Suitability of So-Called Political Cases for Judicial Resolution
2. The State vs. the Individual: Regional Courts and the Rise of the Individual
3. The State vs. the Individual: Criminal Jurisdiction in the International Arena

Seminar work:

• Class 7: Status of Research and Writing
• Class 8: Status of Research and Writing
• Class 9: Signup for Presentation Slots

Reading Assignment:

1. Synopses of ICJ Advisory Opinions on the Legality of the Threat or Use of Nuclear Weapons (1996).
2. The Case Concerning Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. U.S.)(Jurisdiction and Admission)(1984)(excerpts on admissibility).
3. Synopsis of ICJ Judgment on the Preliminary Objection in the Oil PlatformsCase (1996).
4. Ford, Judicial Discretion in International Jurisprudence: Article 38(1)(c) and "General Principles of Law", 5 Duke J. Comp. & Int'l L. 35 (Fall 1994).
5. The North Sea Continental Shelf Case (W. Ger. v. Den.)(1969)./LI>
6. Case 26/62, NV Algemene Transport en Expeditie Onderneming Van Gend en Loos v. Nederlands Administratie der Belastingen, 1973 E.C.R. 1.
7. The Söering Case.
8. Buergenthal, Introductory Note to the Velásquez Rodríguez Case.
9. Velásquez Rodríguez Case, Inter-American Court of Human Rights, Judgment of July 29, 1988, (Ser. C, No. 4).
10. Materials on the International Military Tribunal at Nüremberg.
11. Meron, International Criminalization of Internal Atrocities, 89 Am. J. Int'l L. 554-77 (1995).
12. Materials on the War Crimes Tribunals for Yugoslavia and Rwanda.
13. Roberts, The Laws of War: Problems of Implementation in Contemporary Conflicts, 6 Duke J. Comp. & Int'l L. 11 (Fall 1995).
14. Joyner, Strengthening Enforcement of Humanitarian Law: Reflections of the International Criminal Tribunal for the Former Yugoslavia, 6 Duke J. Comp. & Int'l L. 79 (Fall 1995).
15. Fenrick, Some International Law Problems Related to Prosecutions Before the International Criminal Tribunal for the Former Yugoslavia, 6 Duke J. Comp. & Int'l L. 103 (Fall 1995).
16. Scharf, The Politics of Establishing an International Criminal Court, 6 Duke J. Comp. & Int'l L. 167 (Fall 1995).
17. Bassiouni, The Codification of International Criminal Law and the Establishment of an International Criminal Court.
18. Materials on the International Criminal Court proposed by the Rome Conference, July 1998.

Class 10 & 11 - (I)The Development of International Law in International and National Tribunals and (II)The Role and Assessment of International Courts
26 October & 2 November 1999

Discussion Topics:

1. Sources of Law Applied by the ICJ
2. The "Progressive" Development of International Law
3. Evolution of Modern "Instant" Customary Law
4. Concept of Regional/Local Norms
5. Regional Norms and the Respective Roles of International and Regional Tribunals
6. Role of International Law in National Courts
7. Role and Assessment of the ICJ in the UN System
8. Role and Assessment of other tribunals
9. Enforcement

In-Class Exercise:

• Case Regarding Self-Determination for the People of Taiwan (US v. China) (hypothetical).

Seminar work:

• Class 10: Status of Research and Writing
• Class 11: Status of Research and Writing

Reading Assignment:

1. The Asylum Case (Columbia v. Peru) (1950).
2. The Case Concerning Right of Passage Over Indian Territory (Port. v. India) (1960).
3. Materials for the in-class exercise.
4. The Paqueta Habana (1900).
5. Falk, Domestic Courts and World Legal Order: A Statement of Purpose and Outlook.
6. U.S. v. Alvarez-Machain, 504 U.S. 655 (1992).
7. T. Franck, Judging the World Court 35-51 (1986).
8. Helms, Saving the UN, 75 For. Aff. 2 (September/October 1996).
9. The Case Concerning Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libya v. U.S./Libya v. U.K.)(Preliminary Objections)(1998).
10. News Reports for Discussion With the Libyan Case.
11. Jennings, The United Nations At Fifty: The International Court of Justice after Fifty Years, 89 Am. J. Int'l L. 493-505 (1995).
12. Kirgis, The United Nations At Fifty: The Security Council's Fifty Years, 89 Am. J. Int'l L. 506-39 (1995).

Classes 12 to 14 - Class Presentations
9 November, 16 November, & 23 November 1999