Discuss the attempts made by the international community in the post-Westphalia era to regulate war
International Law
PLEASE READ CAREFULLY:
From the creation of the Westphalia states system in 1648, there has been numerous attempts to restrain the ability of sovereign states to go to war, albeit, with limited success. Although the United Nations Charter regime is a radical departure from all previous experiments, it has only been partly successful in ending wars.
Discuss the attempts made by the international community in the post-Westphalia era to regulate war, including the Concert of Europe, the Covenant of the League of Nations and the Charter of the United Nations, etc. What are the major challenges that complicate the international law regulating armed conflicts? Your answer must be based on the facts.
Your essay must be at least 5 pages in length, double space, with citations from the readings. You must use the APA style for citation. Only reading material from the syllabus will be accepted as citations. PLEASE, NO INTERNET SOURCES.
You must demonstrate your knowledge and understanding of the reading material. You will be graded on the content of your essay; your ability to incorporate the readings into your essay; and how well you are able to articulate the core international legal doctrines, principles and norms into your essay.
NO LATE ASSIGNMENTS WILL BE ACCEPTED
Required Readings:
Hugh Thirlway, The International Court of Justice;
In Malcolm Evans (ed), International Law (2018), Chapter 19.
Jose Alvarez, “Judging the Security Council,” 90 AJIL, (Jan. 1996), p. 1-39.
Vera Gowlland-Debbas, “The Relationship Between the International Court of Justice and the Security Council in Light of the Lockerbie Case,” 88 AJIL, (Oct. 1994), p. 643-677.
Colter Paulson, “Compliance with Final Judgments of the International Court of Justice,” 98 AJIL (July 2004), p. 434-461.
Max Hilaire, Discourse on International Law and International Relations.
Richard J. Goldstone, “International Criminal Courts and the Ad Hoc Tribunals,” in Weiss & Daws, The Oxford Handbook on the United Nations (2018), p. 567-582.
David Scheffer, “Criminal Justice,” in Cogan, Hurd & Johnstone (eds), The Oxford Handbook of International Organizations, (2016), p. 282-302.
Robert Cryers, “International Criminal Law,” in Malcolm Evans (ed), Chapter 24.
Antonio Cassese, “The Statute of the International Criminal Court,” 10EJIL (1999), p. 144-171.
Max Hilaire, Discourse on International Law and International Relations
Harold Hongju Koh, “International Law as Part of Our Law,” 98AJIL, No. 1 (2004), p. 43-57.
David Scheffer, “The U.S. and the International Criminal Court,” 93 AJIL (1999), p. 12-21.
Jules Lobel, “The Limits of Constitutional Power: Conflicts Between Foreign Policy and International Law,” Virginia Law Review, Vol. 71, no. 7, (Oct. 1985).
Shirley Scott, International Law, U.S. Power. NY: Cambridge Univ. Press (2012), Chapter 7.
Review of Recent Cases before the ICJ and their Legal Implications
(1) Avena and Other Mexican Nationals (Mexico v. United States 2000-2004.
(2) Certain Criminal Proceedings in France (Republic of Congo v. France) 2003-
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(3) Armed Activities on the Territory of the Congo) New Application:2002) (DRC v. Rwanda) 2002-
(4) Territorial and Maritime Dispute (Nicaragua v. Colombia ) 2001-
(5) Arrest Warrant of 11 April 2000 (DRC v. Belgium) 2000-2002
(6) LaGrand (Germany v. United States) 1999-2001
(7) Legality of the Use of Force (Serbia & Montenegro v. Belgium, Canada, France…1999-
(8) Oil Platforms (Iran v. United States) 1992-2003
(9) Land and Maritime Boundary Between Cameroon and Nigeria (Cameroon v. Nigeria: Equatorial Guinea Intervening) 1994-2002
subject: International Law
also please avoid using advanced vocabulary, thank you!
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