Class on Saturday, September 11

[Gautam Bhatia]

Hi all,

The next discussion is on the Sources of International Law. We will
have it on Saturday, 11 September, if that's convenient with everyone.
I'll put up the readings in a bit. In the meantime, feel free to
suggest readings from your side, and we'll incorporate them.

[Anupama Kumar]

Akehurst.

And Brownlie's Principles of International Law. 

[Geetha Hariharan]

I agree with Anu.

Akehurst in 47 BYIL (1974) preferred over the book.
Also, Mendelson, 272 Recuiel des Cours (1998). It's almost the entire
volume, so specific sections may be a good idea.
Baxter, 129 Receuil des Cours on Treaties and Custom, too - after
Akehurst and Brownlie have been read.

An idea of how the ICJ treats custom might be good too:
Either Fitzmaurice on the Law and Practice of the Court in the BYILs,
or the commentary of the ICJ Statute (Zimmerman, Tomuschat, et. al.
eds.).
Cases: North Sea Continental Shelf, specific sections from Nicaragua
and Fisheries.

On Sep 2, 5:00 pm, Anupama Kumar <anupamakumar...@gmail.com> wrote:
> Akehurst.
> And Brownlie's Principles of International Law.
>

[Raag Yadava]

Everything's been named.

But to go a little off course, you could consider this: 

Western Sahara, Rude Dissent - doesn't talk of sources of IL proper but, in true Lizzy spirit, of the 'western bias of the Court' and how they think in colonial terms. Extends to the 'civilized nations' bit in Art. 38 and consent (western liberal construct) of States. Many have written on this - popularly the 'third world approach' (read: bullshit) to IL. 

[Gautam Bhatia]

Hi,

Keeping in mind time constraints, we shall only be discussing custom
on Saturday. We'll discuss the other sources together subsequently.

Recommended readings are:

1. Michael Akehurst, "Custom as a Source of International Law",
1974-74 British Yearbook of International Law, p. 1.

2. Hugh Thirlway, "The Law and Procedure of the International Court of
Justice - Part 2: General Principles and Sources of Law", 1990 British
Yearbook of International Law, pp. 31 - 110.

3. The judgment of the ICJ in the North Sea Continental Shelf case, in
particular paras 37, 46, 61, 62, 72, 73, 74, 76 and 77.

4. The judgment of the ICJ in the Fisheries Jurisdiction Case, in
particular paras 12, 52 and 58.

5. The judgment of the ICJ in Libya/Malta, in particular Paras 27 and
44

6. The judgment of the ICJ in Nicaragua, in particular paras 188 and
207

7. The judgment of the ICJ in the Gulf of Maine case, para 111.

8. The judgment of the ICJ in Barcelona Traction, para 70.


The first three - and, to an extent, the fourth - are particularly
important.

More to follow.

Gautam

[har...@nls.ac.in]

Going home so cant attend the class. But will read the recommended
materials. Keep me posted about the discussion if possible?
Thanks
Harini

[Gautam Bhatia]

Seeing as it's the long weekend and most people just finished
projects, I thought it best to shift the class to Monday instead.
Apologies. Monday evening it is, then.

[Geetha Hariharan]

Yes!

Awesome!

:)

[har...@nls.ac.in]

We have debate offering. Make it tuesday please?
Regards
Harini

[Gautam Bhatia]

What time is debate offering?

[Gautam Bhatia]

We'll have it after offering. 9 30, or thereabouts.