ISLAMIC UNIVERSITY IN UGANDA

KAMPALA CAMPUS
FACULTY OF LAW
READING LIST 2023-2024

PUBLIC INTERNATIONAL LAW II

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%.
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
 1. TERRITORY
The concept of territory in International Law
● Intertemporal law
● Uti Possidetis
● The modes of acquisition of territory
1. Discovery 6. Estoppel
2. Occupation 7. Territorial claims based on the
right of self determination
3. Accretion
8. Legal ties of an historical
4. Cession
nature
5. Prescription
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

2. SETTLEMENT OF DISPUTES AND ADJUDICATION UNDER

INTERNATIONAL LAW
International Crimes and Jurisdiction
Jurisdiction:
● Territoriality ● Nationality
● Subjective and objective ● Passive personality
territoriality
● Universal jurisdiction
● Protection of the state 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
3. EXTRADITION
3.1 Factors obstructing extradition
● Double criminality ● Amnesty and the
political offence
● Speciality
● International terrorism
● Non bis in idem
and the political offences
● Offences of political
● Human rights
character
3.2 Procedure for extradition
● Deportation (Disguised extradition)
● Abduction
International Cooperation in the Suppression of Crime by Means Other than
Extradition
 4. Immunity from Jurisdiction
 Sovereign Immunity  The Vienna Convention on
 Immunity, Human rights and Diplomatic Relations 1961
international crimes (Schedule 1 and 2)
 Criminal proceedings  Inviobility
 Civil proceedings  Extraterritoriality of missions
 Diplomatic and consular  Diplomatic missions
immunity  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
 5. 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
● 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.

6. THE LAW OF THE SEA

7. 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
 Judgment and court’s enforcement
 The limits of international adjudication
 Advisory Opinions

8. 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
9. 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/NR0348
90.pdf?OpenElement
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.