Readings - Use of Force

Following human rights, we will be turning to Use of Force, in Chapter 15. We will spend at least four classes on Use of Force.

For Friday's class, please read up to the end of the section on the Cuban Missile Crisis, on page 1161.  

Human Rights Committee case.

This week, Monday and Wednesday will be devoted to completing our examination of human rights. In that vein, in addition to the readings listed here last week, please take a look at the attached opinion of the Human Rights Committee in response to an individual claim against Canada, pursuant to the Optional Protocol of the ICCPR. We will consider this case for a number of reasons - it illustrates the mechanism of individual claims, and is an example of a Human Rights Committee communication (in contrast to an ECHR decision); it is also yet another example of a human rights claim to which we can apply the analytic framework we have been discussing for assessing rights violations. The case is only 12 pages long, and it is already highlighted.

As discussed last class, tomorrow we will try to apply our rights analysis to the issue of same sex marriage. This is more of an exercise in thinking through how the analysis is applied, but you might consider the issue in the context of Articles 26 and 23 of the ICCPR. (see more below the fold)

Restrictions on Religious Practice in Europe

As we continue to consider the Shahin case in class, consider these much broader bans on the wearing of the niqab and the burqa in France (more on it here, and here), Italy, and elsewhere in Europe. Similarly, in 2009, the Swiss voted to ban the building of minarets (the church-tower of Mosques), and this year France began a move to ban the practice of public prayer. All of this has been criticized as being motivated by anti-Islamic prejudice, but in any event these restrictions will likely come before the ECHR as violations of Art. 9 of the Convention. 

Consider how you would analyze each of these limits in light of our examination of the Sahin case.

Human Rights Readings

Next week we will turn to consider human rights. In Chapter 13, you should focus your reading on the following sections:

All of Section 1, with particular attention to Sahin v. Turkey;
All of Section 2, (and you should look at the ICCPR and CEDAW online);
Section 3, A-C, but with emphasis on B.
Section 4, B, C (Lawless case); D (and consider Al-Skeini in this context);
Section 5, skim.

Al Skeini v. Secretary of State for Defence

Hazim Al-Skeini

As mentioned in class today, the European Court of Human Rights in July of this year handed down a judgment with respect to the same case that we examined today, the House of Lords decision in Al-Skeini v. Secretary of State for Defence, holding that the Iraqi nationals could make claims under the Convention, and finding that the UK had, among other things, violated the claimants' Art. 2 right to life. There is a summary and commentary on the judgment on the Lawfare blog here, and the decision itself is here.

If you have time to scan the decision, consider whether you still think that the House of Lords got it right (or wrong), and which decision you think better accords with international law principles on jurisdiction, and the rationale underlying those principles.

The Power of Compound Interest

Further to our discussion of damages and costs in litigation, and the difference between compound and simple interest, here is a link to a spreadsheet that illustrates the power of compound interest. It includes the formulas you can use to calculate straight-forward compound interest.

Important to note is that an investment of $15,000 in an account earning compound interest, calculated and paid monthly, at a rate of 6% per annum, will earn $31,653.07 more in interest, than an account earning simple interest at the same rate over the same period.

Compound interest is even more powerful when the principal is increasing with each period. So, if you took $2 each week (the amount you might be tempted to spend on lottery tickets), and invested it in an account earning 6% per annum compounded monthly (admittedly impossible to find in the current environment), at the end of 40 years your account (in which you would have only invested $4,160 over the 40 years) would be worth $15,953, or close to four times your investment. Make that $20 instead of $2, and the amounts become more interesting.

You can find a straight compound interest calculator here, and one which includes the addition of monthly contributions to principal  here.

Readings - State Responsibility and Dispute Resolution

Next week we will finish up our examination of State Responsibility. We will in particular at the Gabcikovo-Nagymaros Project (Hungary v. Slovakia); and then Reparations (Section 5) and Countermeasures (Section 6). We will not review the procedural aspects in Sections 7 & 8.

We will then turn to Dispute Settlement in Chapter 9. As mentioned in class, we will go through this quite quickly, and so will not be examining all the material in the chapter. In particular, you should review: All of Section 1; just skim Section 2 (just familiarize yourself with the different mechanisms); Section 3(A); Section 4(intro and part of (A) (just p. 586-596), and (B) (just p.624-628); Section 5, Intro and (A).

By Friday we will begin consideration of the Bases of Jurisdiction (Chap. 11) and Immunity (Chap. 12). We will cover these topics very briefly. In Chap. 11, review Section 1; Section 2, Intro, (B) (p.769-776); Section 4; Section 5 (p.798-802); Section 6 (p. 804-810); Section 7, Intro; Section 8, (p. 818-825). Section 11(A).

On Immunity, in Chap. 12, review Section 1; Section 2(A)(p. 860-64); (E); (G); Section 4(A)(p.916-20); (B)(p.924-29).

The following week we launch into the substantive area of human rights!

Documentary at WU This Thursday

The acclaimed documentary "The Dark Side of Chocolate" will be screened at Henderson Hall, Room 100, this Thursday, Oct. 13, at 7:00. There are, of course, human rights issues raised by the film.

Recent Int'l Law Topics in the News

Syria this week warned other countries against recognizing the Syrian National Council, an opposition group formed to challenge the legitimacy of the Assad regime. To what extend does the Council satisfy the conditions for recognition of either a government, or an insurgent movement in a civil war?

In case you missed it last week, Russia and China vetoed a resolution in the UN Security Council that would have established a step towards imposing sanctions on Syria.

The United Nations released a report this week that found systematic torture by Afghan government authorities of persons detained there, including those persons handed over to Afghan authorities by NATO forces. When we come to consider human rights, we will look at the extent to which NATO countries can be held responsible for such torture.

The trial of the "Christmas Day Bomber" or "Underwear Bomber", as he is variously known, Abdulmutallab, who was arrested after trying to detonate a bomb hidden in his underwear on a Detroit-bound air-liner, begins today in Federal Court. The outcome will no doubt feed into the debate over military commissions.

The Awlaki Targeting Issues

Further to the brief discussion in class of the Awlaki killing, here is a short post discussing the nationality issue. There there are a series of posts as Opinio Juris and Lawfare, with links to articles in TheNew York Times, first calling for disclosure of the legal analysis, then on the leak of information regarding the substance of an OLC memo on the legality of targeting Awlaki. We will return to these issues later in the course. Below are links to some of the key articles (it should be noted that the Lawfare authors are generally strong advocates of the US positions on the "so-called global war on terror", and Anderson is also a strong proponent of the targeted killing policy).

Opinio Juris posts: Anderson, Anderson on the Memo 1,  Anderson on the Memo 2; 

Lawfare posts: Goldsmith on Transparency; Pildes on Gov't Silence; Wakeman on the Kill List; 

Week 7 Readings

On Monday we will finish off our examination of individuals and corporations as subjects of international law, and in particular we will discuss the Nottenbohm case, the issue of dual nationality raised in Iran-U.S. claims tribunal, denationalization as reflected in the Ethiopia v. Eritrea case, and corporate nationality as determined in the Barcelona Traction case.

We should also get started on State Responsibility, which will be the focus of the class for the next few classes. After examining the general principles, we will focus on the principles of attribution of responsibility to another state, and in particular the Genocide Convention (Serbia v. Bosnia) case; and the then the principles governing breach of an obligation. You should spend some time become familiarizing yourself with the International Law Commission (ILC) Draft Articles on State Responsibility.

UNESCO to Vote on Palestinian Membership

The Board of UNESCO, the UN cultural heritage agency, voted yesterday to submit to a full vote the issue of Palestinian membership in UNESCO. We can see here the incremental steps towards full recognition as a sovereign state and member of the UN. More on the vote and its ramifications here.

Int'l Talk on Campus

"A Social Scientist’s Experience in Afghanistan"


October 12, noon, International House

Dr. Margaret Hawthorne is currently a Social Scientist/Instructor for the--- program at Fort Leavenworth. From April 2010 to February 2011 she served as a Department of Army Civilian in Kabul, Afghanistan where she provided mission relevant research to the NATO command. Dr. Hawthorne earned her PhD in History from the University of Kansas and was Associate Director of the Institute for the Study and Practice of Leadership at Washburn from 2002 to 2010.

Free and open to the public

GPS, CFR, and other Sources on Foreign Affairs.

I mentioned in class yesterday that Fareed Zarkaria's program on CNN on Sundays (at 10:00 and again at 13:00), is a good source of very sharp but also entertaining foreign affairs analysis. A link to his program on CNN is here, but you can also subscribe to both audio and video podcasts on iTunes.

Also very useful as a source of information on international affairs, is the Council on Foreign Relations, the general website for which is here, but again, podcasts of interesting panel discussions and analysis can be found on iTunes. 

Finally, you should check out the Foreign Policy magazine website, on which you can subscribe to a daily email round-up of international issues and events.