UNIVERSITI SAINS ISLAM MALAYSIA

COURSE INFORMATION

Public International Law

NAME OF COURSE/MODULE:
LAC3603
COURSE CODE:
Dr. Che Zuhaida Saari
NAME(S) OF ACADEMIC STAFF:
This is a compulsory Law Core Course which is required under the MQA Circular No. 1/ 2015 for Law degree programmes. It aims to equip students with the
RATIONALE FOR THE
knowledge on Public International Law.
INCLUSION OF THE
COURSE/MODULE IN THE
PROGRAMME:
Semester 5 (Year 3)
SEMESTER AND YEAR
OFFERED:

TOTAL STUDENT LEARNING FACE TO FACE NON FACE TO FACE TOTAL SLT
TIME (SLT)
L = Lecture
L T P O L T P O
T = Tutorial

P = Practical 12 6 0 29 18 10 0 46 121

O= Others

3
CREDIT VALUE:
-
PREREQUISITE (IF ANY):
CLO1: Explain the basic principles, sources, scope and other relevant issues of public international law (PLO1, C2);
LEARNING OUTCOMES: CLO2: Apply relevant principles and international provisions on aspects of public international law in given situations (PLO6, C3);
CLO3: Demonstrate a good teamwork and commitment, and may value the importance of public international law to the society (PLO5, A4)

1. Knowledge
TRANSFERABLE SKILLS: 2. Problem Solving and Scientific Skills
3. Communication, Leadership and Team Skills

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 UNIVERSITI SAINS ISLAM MALAYSIA

COURSE INFORMATION

CLO TEACHING – LEARNING STRATEGY (TLA) ASSESSMENT STRATEGY

1 Lecture, tutorial Final Exam
2 Group Work Written Assignment
3 Role Play Presentation

3 Case Study/Review Report

This course introduces students the basic principles, theory and practise of international law. Students will be exposed to the definition, nature and historical background of the
SYNOPSIS: establishment and development of international law. The sources of international law which include treaties, international customary law, general principles of law, decision of
international court and unilateral action including other sources of law are highlighted. This course will explain the relationship of international law and municipal law including the
usage of international law within the ambit of municipal law. It will also elaborate on the development of international law subject and the main characteristics which form the subject.
Further, this course will include discussion which involves main principles relating to territorial, rights, responsibility and jurisdiction of a State, element of responsibility of a particular
state, controlling steps and prevention from violation of international law including immunity from international law as well as the role of United Nations. Other aspects of International
law will also be discussed in brief. Reference to cases which were decided by the International Court, treaties, United Nation Convention and international agreements were
streamlined in accordance with the need of the syllabus.
MODE OF Lecture, tutorial, group discussion
DELIVERY:
ASSESSMENT CLO ASSESSMEN SLT WEIGHTAGE
METHODS T TYPE
AND TYPES: 1 Final Exam 46/93x100 = 49.5 ~ 50% 50
2/3 Assignment 18.85/93x100 = 20.2 ~ 20% 20
2/3 Presentation 18.85/93x100 = 20.2 ~ 20% 20
2/3 Report 9.3/93x100 = 10 ~ 10% 10

TYPE OF CONTINUOUS ASSESSMENT TYPE OF SUMMATIVE ASSESSMENT

CLO TOTAL
Mid Presentation Assignment Report Final
Term Exam
1 - 50 100
2 10 10
3 10 10
3 10

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 UNIVERSITI SAINS ISLAM MALAYSIA
COURSE INFORMATION

MAPPING OF THE COURSE/MODULE TO THE PROGRAMME AIMS**

PEO1 PEO2 PEO3 PEO4

√ √ √

MAPPING OF THE COURSE/MODULE TO THE PROGRAMME LEARNING OUTCOMES***

PLO1 PLO2 PLO3 PLO4 PLO5 PLO6 PLO7 PLO8

√ √ √

CONTENT OUTLINE OF THE COURSE/MODULE AND THE SLT PER TOPIC

CLO WEEK TOPIC/CONTENT TLA F2F NF2F TOTAL ASSESSMENT TYPES F2F NF2F TOTAL TOTAL SLT
CLO1 1 Nature and Development of International Law 3 4 7

2 Sources of International Law 3 4 7

3 Relationship between International and 3 5 8

Municipal Law Lecture/Tutorial Final Examination 3 9 12

4 The Subjects of International Law 3 5 8

5 State Territory 3 5 8

6 State Jurisdiction 3 5 8

Total SLT CLO1 18 28 46 3 9 12 58

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CLO2 & 7 Immunities from Jurisdiction 3 5 8 1 1 2 10
CLO3
8 The Law of Treaties 4 4 8 2 2 4 12

The Law of the United Nations

9 The Law of State Responsibility 3 5 8 1 1 2 10

Group Work/Role
10-11 Legal Regulations of use of Force Play/Case Study 3 5 8 1 1 2 10
Assignment/Presentation/
12 Peaceful Settlement of International Disputes 3 5 8 Report 2 2 4 12

13-14 Other Aspects of Public International Law in 2 5 7 1 1 2 9

brief

Total SLT CLO2 & CLO3 18 29 47 8 8 16 63

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CLO WEEK INPUT/TOPIC/CONTENT
1 1 NATURE AND DEVELOPMENT OF
INTERNATIONAL LAW
• Distinction between International Law &
National Law
• Whether International Law is 'Law'?
• The weaknesses of International Law.
• Why States observe International Law?
• Enforcement of International Law
• Islamic International Law
1 2 SOURCES OF INTERNATIONAL LAW
• Art 38 of the Statute of ICJ
• Treaties
• Custom
• Interaction between treaty law and
customary law
• General Principles of Law
• Judicial Decisions and Writings of Jurists
• Other possible sources
• The Hierarchy of the Sources
• Codification of International Law
ISSUE DATE: REVIEW YEAR:
2016
UNIVERSITI SAINS ISLAM MALAYSIA
COURSE INFORMATION
DEVELOPMENT OF LESSON PLAN
TLA
TEACHING MATERIALS/ EQUIPMENT
TOPIC LEARNING ASSESSMENT
OUTCOME STRATEGY
• To explain distinction Lecture/Tutorial Charter of United Nation Quiz (Formative)/
between International H Lauterpacht (ed), Oppenheim's International Final Examination
Law & National Law Law, 8th edn, Vol I, Peace (Summative)
• To describe the roles (London:Longman,1955).
and functions of CG Weeranmantry, Islamic Jurisprudence: An
International Law. International Perspective (London: Macmillan
• To explain the Press Ltd,1988).
weaknesses of The Lotus Case (1927) PCIJ Series A, No.10.
International Law.
• To identify the sources Lecture/Tutorial Quiz (Formative)/
Article 38 of the Statute of the ICJ.
of International Law. Final Examination
ILC's Articles on the Responsibility of States,
• To explain each of (Summative)
2001, Art 2.
source of International
D.J Harris. 2010. Cases and Material on
Law.
International Law. 7th Ed. London: Sweet &
• To be able to Maxwell.
differentiate between The Vienna Convention on the Law of Treaties,
the sources. 1969 (Art 34).
North Sea Continental Shelf Cases (1969) ICJ
Rep 3.
Nicaragua Case (US v Nicaragua)(1986) ICJ
Rep 14.
Legality of the threat and use of Nuclear
Weapons case (1996)ICJ Rep90 at para 64.
Anglo-Norwegian Fisheries Case (UK v
Norway)(1951)ICJ Rep 116.
Military and Paramilitary Activities in and against
Nicaragua (US v Nicaragua)(Merits)(1986)ICJ
Rep 14.
Chorzow Factory Case (1928) PCIJ Series A
No.17
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1 3 RELATIONSHIP BETWEEN INTERNATIONAL
AND MUNICIPAL LAW
• International law v National Law: Which
prevail?
• Theories of Monism and Dualism
• The Application of International Law in
the national legal systems
• The Reception of International Law in
Malaysia
Barcelona Traction Case (1970)ICJ Rep.
Case concerning Questions of Interpretation and
Application of the 1971 Montreal Convention
arising from the Aerial Incident at Lockerbie
(Libya v UK) (Libya v US) (Provisional
Measures)(1992)ICJ Rep 3.
• To explain the Lecture/Tutorial Abdul Ghafur Hamid, "Judicial Application of Quiz (Formative)/
relationship between International Law in Malaysia: A Critical Final Examination
International and Analysis," Asia-Pacific Yearbook of International (Summative)
municipal law. Humanitarian Law, Vo.1 (2005).
• To clarify the monism GA Resolution 375 IV, GAOR, 4th Session,
and dualism theories. 1949, Resolution 66.
• To elucidate the Advisory Opinion (1925) PCIJ Reports, Series B
reception of No.10,20.
international law in Federal Constitution Art 76
Malaysia. Civil Law Act 1956
Barcelona Traction Case (Belgium v Spain)
(1970) ICJ Rep.
The Alabama Claims arbitration (US v
GB)(1872) 1 Moore International Arbitrations.
La Grand case (Germany v US) Merits (2001)
ICJ Rep 466.
Duff Development Co Ltd v Government of
Kelantan [1924] AC797, HL.
PP v Wah Ah Jee (1919) 2 FMSLR 193,
Supreme Court.
PP v Narogne Sookpavit [1987] 2 MLJ 100, HC
JB
PP v Rajappan [1986] 1 MLJ 152

1 4 THE SUBJECTS OF INTERNATIONAL LAW • To explain the Lecture/Tutorial Quiz (Formative)/

Art 1 of the Montevideo Convention on Rights
• Legal Personality meaning of legal Final Examination
and Duties of States 1933.
• Statehood personality and the (Summative)
D.J Harris. 2010. Cases and Material on
• Self determination & Criteria of concept of
International Law. 7th Ed. London: Sweet &
Statehood international
Maxwell.
• Recognition personality.
H Lauterpacht (ed), Oppenheim's International
✓ Recognition of States • To describe the
Law, 8th edn, Vol I, Peace
✓ Recognition of Government- De subjects of
(London:Longman,1955).
facto & De Jure recognition international law.
Charter of United Nations
• To explain the rules of Art 1 of the Convention on the Privileges and
recognition of states Immunities of the United Nations 1946.
and government. Western Sahara Case (1975) ICJ Rep 12.

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 Reparations for injuries suffered in the service of
the UN Advisory Opinion (1949) ICJ Rep 174.
Re Piracy Jure Gentium [1934] AC 586, PC.
Luther v Sagor [1921]1 KB 456.

1 5 STATE TERRITORY • To describe the Lecture/Tutorial AG Hamid, KM Sein (2011), “Pedra Branca Quiz (Formative)/
• Territorial sovereignty various types of state judgment and beyond: issues and challenges in Final Examination
• The Traditional Modes of Acquisition of territories. its implementation by Malaysia and Singapore” (Summative)
Sovereignty over Territory • To clarify the types International Journal of Marine and Coastal Law,
• Occupation & Prescription- Terra Nullius with example of cases. vol.26, issue 2, 335-342.
• Conquest Western Sahara Case (1975) ICJ Rep 12.
• Accretion Anglo-Norwegian Fisheries Case (UK v
• Cession Norway)(1951)ICJ Rep 116.
-Determination of territorial disputes Palmas Island Case (1928) 2 RIAA 829
Kasikili/Sedudu Island case
(Botswana/Namibia)(1999) ICJ Rep 1045
Israeli Occupation of Palestinian Territories- SC
Resolution 242 (XXII), Nov 22,1967.
Legal Consequences of the Construction of a
Wall in the occupied Palestinian Territory, ICJ
Advisory Opinion of July 9,2004.
Fisheries Jurisdiction case (Jurisdiction) (UK v
Iceland)(1973)ICJ Rep 14.
Sovereignty over Pulau Ligitan and Pulau
Sipadan (Indonesia/Malaysia)(2002) ICJ Rep
625.
Sovereignty over Pedra Branca/ Pulau Batu
Puteh, Middle Rocks and South Ledge
(Malaysia/Singapore) judgment of May 23,
2008.

1 6 STATE JURISDICTION • To explain the Lecture/Tutorial Quiz (Formative)/

Abdul Ghafur Hamid. 2011. Public International
• The principles of Domestic Jurisdiction meaning of state Final Examination
Law: A Practical Approach. 3rd Edn. Kuala
• Civil & Criminal Jurisdiction jurisdiction. (Summative)
Lumpur: Sweet& Maxwell Asia.
• General Principles on which Criminal • To describe the civil
jurisdiction is claimed: The territorial, and criminal
Nationality, Passive Personality, jurisdiction.
Protective and the universality principle. • To elucidate the
• Extradition general principles on
criminal jurisdiction.
• To explain on
extradition.

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2/3 7 IMMUNITIES FROM JURISDICTION
• State Immunity
-Absolute & Restrictive Approach
-Sovereign & non-sovereign acts
• Diplomatic Immunity
-Inviolability
2/3 8 THE LAW OF TREATIES
• The Vienna Convention on the Law of
Treaties 1969
• Definition of Treaty
• The conclusion of treaties
THE LAW OF THE UNITED NATIONS
• The UN Systems- Security Council,
General Assembly
• Peacekeeping and observer missions
• Collective security
2/3 9 THE LAW OF STATE RESPONSIBILITY
• The elements of State Responsibility-
Liability of states on breach of
international obligation- attribution of
conduct to the State
• Individual Criminal responsibility in
International Law
-ICTY, ICTR, ICC
-International crimes- genocide, war
crimes, crimes against humanity,
Aggression
2/3 10-11 LEGAL REGULATIONS OF USE OF
FORCE
• Definition and Categories of force
• Retorsion
• Reprisals
• The right to self-defence
• Collective self defence
• Intervention and the use of force
• Humanitarian intervention
• Terrorism and international law
ISSUE DATE: REVIEW YEAR:
2016
• To explain state Group Work/Role Assignment
immunity. Play/Case Study Abdul Ghafur Hamid. 2011. Public International /Presentation/
Law: A Practical Approach. 3rd Edn. Kuala Report (Summative)
• To describe diplomatic
Lumpur: Sweet& Maxwell Asia.
immunity.
AG Hamid, KM Sein, HA Kadouf (2006),
Immunity versus International Crimes: The
Impact of Pinochet and Arrrest Warrant Cases,
Indian Journal of International Law, vol.46, issue
4, pages 495.
• To explain briefly the Group Work/Role Assignment
Abdul Ghafur Hamid. 2011. Public International /Presentation/
Vienna Convention on Play/Case Study
Law: A Practical Approach. 3rd Edn. Kuala Report (Summative)
the Law of Treaty
Lumpur: Sweet& Maxwell Asia.
1969.
• To define the meaning
of treaty.
• To explain briefly the
law of the United
Nations and its
systems and missions.
• To explain the nature Group Work/Role Assignment
of state responsibility. Play/Case Study Abdul Ghafur Hamid. 2011. Public International /Presentation/
Law: A Practical Approach. 3rd Edn. Kuala Report (Summative)
• To describe the
Lumpur: Sweet& Maxwell Asia.
elements of the state
responsibility.
• To explain the general Group Work/Role Assignment
Play/Case Study Abdul Ghafur Hamid. 2011. Public International /Presentation/
rule of use of force.
Law: A Practical Approach. 3rd Edn. Kuala Report (Summative)
• To explain retorsion
Lumpur: Sweet& Maxwell Asia.
and reprisal.
Abdul Ghafur Hamid, 2007, “The Legality of
• To describe the right Anticipatory Self-Defence in the 21st Century
to self-defence. World Order: A Re-Appraisal” Netherlands
• To elucidate terrorism. International Law Review, vol.54, issue 3, 441-
490.
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2016 1 Page 8 of 10
 A Ghafur Hamid, K Maung Sein, 2009, Islamic
International Law and the Right of Self-Defense
of States-JE Asia & Int'l L.,vol.2, pages 67.

2/3 12 PEACEFUL SETTLEMENT OF • To explain the various Group Work/Role Assignment

INTERNATIONAL DISPUTES method of peaceful Play/Case Study Abdul Ghafur Hamid. 2011. Public International /Presentation/
Law: A Practical Approach. 3rd Edn. Kuala Report (Summative)
• Diplomatic Methods of Dispute settlement of dispute
Lumpur: Sweet & Maxwell Asia.
Settlement settlement.
• Negotiation, Good Offices and Mediation, • To elaborate in brief
Inquiry, Conciliation the International Court
• International Institutions and Dispute of Justice.
Settlement- Regional Organization
• Binding Methods of inter-state Dispute
settlement- Arbitration.
• The international Court of Justice

2/3 13-14 OTHER ASPECTS OF PUBLIC • To explain in brief Group Work/Role Assignment
INTERNATIONAL LAW (IN BRIEF). some branches of Play/Case Study Abdul Ghafur Hamid. 2011. Public International /Presentation/
Law: A Practical Approach. 3rd Edn. Kuala Report (Summative)
• Law of the Sea international law.
Lumpur: Sweet & Maxwell Asia.
• Human Rights Law
• International Humanitarian Law
International Criminal Law
• International Environmental Law
• International Trade Law

MAIN REFERENCES SUPPORTING THE
COURSE
Abdul Ghafur Hamid. 2011. Public International Law: A Practical Approach. 3rd Ed. Kuala Lumpur: Sweet & Maxwell Asia.
James Crawford. 2012. Brownlie’s Principles of Public International Law, 8th Ed. OUP, Oxford UK.
Martin Dixon. 2005. Textbook on International Law. 5th Ed. London: Oxford University Press.
The United Nations Charter
The Vienna Convention on the Law of Treaties, 1969

D.J Harris. 2010. Cases and Material on International Law. 7th Ed. London: Sweet & Maxwell.
ADDITIONAL REFERENCES Malcolm N.Shaw. 2014. International Law, 8th ed. CUP. Cambridge, UK
SUPPORTING THE COURSE Hugh Thirlway. 2014.The Sources of International Law. OUP, Oxford, UK.

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COURSE INFORMATION

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