Beruflich Dokumente
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Overview
Assignment Friday: - Finish McCann Case - Filartiga Case - Start on Sources of International Law - Statute of International Court of Justice, Art. 38(1) p.195 Today - Re-cap from Mondays class - McCann v. UK
BRIEFING A CASE - 1
1. The Court (International Court of Justice, Arbitration Court, U.S. Supreme Ct, etc.) 2. Sources of Law: Treaties, statutes, customary international law, general principles, earlier cases (precedents in U.S. law), etc. 3. Facts - relevant and significant facts 4. Issues - Questions presented (general principle of law put in the form of a question). List separately and learn to discuss each issue separately and clearly when discussing the reasoning of the Court and the decision of the Court.
BRIEFING A CASE - 2
5. Holding and Decision - legal principle applied to the facts of the case Holding - rule of law necessary for the decision (judgment) of the court. Decision - judgment pronounced by the court in settlement of a controversy submitted to it. 6. Reasoning of the courts opinion the legal arguments the court used to justify applying the rule 7. Significance of the case (minor point) Unlike most traditional law books, where concurring and dissenting opinions are given at the end of the case, in international law discussing these opinions is not necessary, unless you are instructed to do so, in advance, in class. It is important that you spend sufficient time on each case and grasp its context, as this is the method by which you will understand the concepts of law. Two pages should be sufficient, if the case is briefed properly. Use outline form, numbering each section as listed in the order of the outline above.
4. Issue (1) Do the facts of the case disclose a breach by the UK of its obligations under Art. 2? (2) Was the anti-terrorist operation as a whole controlled and organized in a manner which respected the requirements of Art.2? 5. Holding and decision. (1) Yes (2)No, it did not fall under the exception to Art. 2 Right to Life depravation of life by use of force no more than absolutely necessary in defense of persons from unlawful violence 6. Reasoning Decision not to prevent the suspects from traveling to Gibraltar. Failure of authorities to make sufficient allowances for possibility of intelligence assessment being erroneous. Automatic recourse to lethal force.