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International Public Law

Description and format of the assignment: ·2000 words in electronic format (.doc or .pdf) ·The assignment shall introduce/describe a question/statement/proposal within international law and argue for/against it, demonstrating available arguments related to it; ·Proper sources shall be used via the whole length of the assignment, both primary legal sources and professional literature, as a result of individual research of the student; ·Proper referencing shall be used via the whole length of the assignment; ·Assignments will be checked against plagiarism. Subject of the assignment: With the assignment the student has to be able to demonstrate a critical understanding of the legal limitations of state actions in international relations, the ability to analyze relevant sources of public international law and to evaluate the role of international organizations or international courts on a global level. Home assignments topics and instructions: -General instructions: your assignment  should always have at least an introduction, a main part and a conclusion and should deal with the instructions (leading questions) regarding the case or topic of your choice (for the leading question see below for each case/topic). -Also he assignment must meet the criteria as described above under the point “Description and format of the assignment”. -Always support your arguments with proper examples (international court rulings, UN reports, scientific articles, academic sources etc.)    TOPICS: 1) Case Engel v. Hungary, European Court of Human Rights (Topics: Prohibition of torture or inhuman or degrading treatment) JUDGMENT, STRASBOURG 20 May 2010 https://hudoc.echr.coe.int/eng#{%22fulltext%22:[%2246857/06%22],%22sort%22:[%22docnamesort%20Ascending%22],%22documentcollectionid2%22:[%22GRANDCHAMBER%22,%22CHAMBER%22],%22itemid%22:[%22001-98814%22]} Instructions: Compare the findings of this decision with other decisions of the court regarding the prohibition of torture or inhuman or degrading treatment. What tendencies can you define from earlier cases until today and does this decision fit into that tendency? What opinions do you find in the scientific literature in this regard? 2) Is International Public Law compared to domestic law really law? Instructions: Gather and describe the most important arguments discussed in scientific literature and analyzed in class regarding the question, whether international public law can be regarded as law. Compare and discuss these arguments: What is your opinion regarding this discussion? Support your arguments with proper examples (international court rulings etc.). 3) Are Palestine, Kosovo or the so called Islamic State a state? Instructions: Define the criteria of a state using the definitions you find in scientific literature. Does the entity of your choice (Palestine etc.) meet those criteria and if not, why? What are the reasons and what changes would be necessary for the entity of your choice to become a state? 4) State responsibility – compensation of damages between states Instructions: Describe the institution of State responsibility in the sense of international public law: under what circumstances can a state in general demand another state to compensate for damages caused by the other state? Gather all information regarding the case of the Environment Catastrophe Caused by the Cyanide Pollution to the River Tisza in the year 2000 (  https://reliefweb.int/report/hungary/hungary-summary-environment-catastrophe-caused-cyanide-pollution-river-tisza). Apply the general rules of international law on this case regarding state responsibility! What do you think? Can Hungary demand a restitution from Romania under international law? Support your arguments with proper examples (international court rulings etc.). Helpful Court Rulings to compare: LAKE LANOUX ARBITRATION (FRANCE v. SPAIN) (1957) 12 R.I.A.A. 281; 24 I.L.R. 101 Arbitral Tribunal.1  November 16, 1957. 5) Protection of Human Rights in international public law Instructions: Compare the protection of human rights in the system of the European Convention on Human Rights (https://www.echr.coe.int/Documents/Convention_ENG.pdf ) and within the UN framework (http://www.un.org/en/universal-declaration-human-rights/). Describe shortly the lists protected human rights in both systems. In your opinion: Which of the two systems is more efficient regarding the implemented institutions enforcing the human rights?