Guías Académicas

PUBLIC INTERNATIONAL LAW

PUBLIC INTERNATIONAL LAW

GRADO EN ESTUDIOS GLOBALES/GLOBAL STUDIES

Curso 2021/2022

1. Subject Information

(Date last modified: 01-06-21 13:56)
Code
109008
Plan
290
ECTS
6.00
Type
Basic
Year
1
Duration
Second semester
Area
DERECHO INTERNACIONAL PÚBLICO Y RELACIONES INTERN.
Departament
Derecho Público General
Virtual platform

Campus Virtual de la Universidad de Salamanca

Professor Information

Profesor/Profesora
Daniel González Herrera
Group/s
Único
Departament
Derecho Público General
Area
Derecho Internacional Público y Relaciones Intern.
Centre
Fac. Derecho
Office
227
Office hours
Martes, miércoles, de 10h a 12h
Web address
http://campus.usal.es/~derechointernacionalpublico
E-mail
daniglez@usal.es
Telephone
923294400 Ext. 1673

2. Association of the subject matter within the study plan

Curricular area to which the subject matter pertains.

International legal framework

Purpose of the subject within the curricular area and study plan.

This subject is essential in order to understand the legal order of the international society and is an advised prerequisite for other subjects such as International organizations, EU law or Diplomacy and Foreign Policy.

Professional profile.

The course offers an essential training in skills related to:

  1. Career prospects in the civil service, at various levels of the Public Administrations (especially at Central level and the European Union).
  2. Professions linked to the sphere of politics, especially State institutions and international organizations.
  3. Professional prospects linked to teaching and research in sectors such as Public Law, international politics and international relations.

3. Prerequisites

It is advisable to have successfully completed “International Relations”.

4. Learning objectives

The subject on Public International Law deals with the analysis of the principal institutions and rules concerning the behaviour of the international subjects within the international society. Thus, this module aims to train the student in the handling of said institutions and laws, which will allow the student to acquire the general knowledge necessary to get by before questions and cases based on an international legal framework. At the same time, the student may become familiar with the management of international legal instruments such as international treaties, general principles of the international law, customary law, the case law of the International Court of Justice or the European Court of Human Rights and other important laws for the international legal relations.

5. Contents

Theory.

I.- INTRODUCTION

Lesson 1. The International Community and its legal order. 1.- Public International Law as a legal order. 2.- Public International Law as a formal legal structure.

II.- THE FORMATION OF INTERNATIONAL LAW

Lesson 2. General aspects of the system. Principles and customary law. 1.- The sources of International Law and Article 38 of the Statute of the ICJ. 2.- The value of the principles: structural principles and general principles of International Law. 3.- Custom: concept, elements and types. Lesson 3. Treaty law. 1.- General aspects and concept of treaty: treaties and other international agreements. 2.- The treaty-making process.  3.- Reservations to treaties 4.- Legal effects of treaties: between the parties, for third parties, in space and time.

III.- THE REGULATION OF INTERSTATE RELATIONS

Lesson 4. The peaceful settlement of international disputes. 1.- The principle of peaceful settlement of international disputes. 2.- Political and diplomatic settlement of disputes. 3.- Legal settlement of disputes: arbitration and judicial settlement. 4.- The International Court of Justice: composition and jurisdiction.  5.- The principle of the prohibition of the threat and use of force and its exceptions: self-defence and collective security. Lesson 5. Organs of the State in international relations. 1.- The central organs of the State: Head of State, Head of Government and Minister of Foreign Affairs. 2.- External organs:  diplomatic missions and consular posts.. Lesson 6. Territorial jurisdiction of the State. 1.- Acquisition of territorial sovereignty. The delimitation of State territory: borders. 3.- Airspace: concept, delimitation and legal regime of air navigation. Lesson 7. Jurisdiction over marine spaces of the State. 1. Evolution and codification of the Law of the Sea. 2.- Baselines and inland waters. 3-. Territorial sea and contiguous zone. 4.- Exclusive Economic Zone and Continental shelf. 5.- Spaces outside the territorial jurisdiction of any State. Lesson 8. Personal jurisdiction of the State. 1.- Nationality and legal regime of foreigners. 2.- Asylum, refuge and similar. Special reference to the European Union’s system. 3.- The treatment of foreigners and their property. Lesson 9. Rights of peoples to self-determination within the framework of the international legal order. 1.- Origin and evolution of the principle of self-determination. 2. Meaning and legal scope of the rights of peoples to self-determination.

IV.- THE PROTECTION OF COMMON INTERESTS AND ITS LEGAL REGIME

Lesson 10. The international protection of human rights. 1.- The United Nations’ system of human rights protection. 2.- The European Convention on Human Rights and its protection mechanism: The European Court of Human Rights. Lesson 11. International humanitarian law. 1.- Basic principles of international humanitarian law. 2.- The protection of victims of armed conflicts. 3. Rules applying to the conduct of hostilities: aims, means and methods of warfare.

Practice.

The following list of practices is indicative:

  1. Custom as a procedure for the creation of Law in the international legal order.
  2. The process of conclusion of treaties.
  3. Immunities of the foreign State.
  4. The Law of the Sea.
  5. International protection of human rights.
  6. International Humanitarian Law.

6. Competences acquired

Basic / General.

Básicas: CB1, CB2, CB3, CB4, CB5.

Genéricas: A1, A3, A4, A5.

Specific.

B7, B11, B12, B13.

7. Teaching methods

The proposed teaching method will be based on a combination of theoretical classes with a practical approach to the legal framework of international society. In doing so, dialogue with the students will be fostered with the aim of developing in them the ability to expose and defend reasoned arguments on international issues. During the explanations, references will be made to practical examples of the current international society with the aim of contextualizing the theoretical framework. Practical teaching will be based on the analysis of cases or the reading of texts that will be available on the Studium platform. It is advisable to keep abreast of the international news.

8. Anticipated distribution of the use of the different teaching methods

9. Resources

Reference books.

  • CASSESE, A. (2004) International Law. Oxford: Oxford University Press.
  • CRAWFORD, J. (2019) Brownlie's Principles of Public International Law. (9th ed) Oxford: Oxford University Press.
  • EVANS, M. D. (ed) (2018) International Law. (5th ed). Oxford University Press.
  • ORAKHELASHVILI, A. (2018) Akehurst's Modern Introduction to International Law. (8th ed).London: Routledge.
  • SHAW, M. (2014) International Law. Cambridge: Cambridge University Press.

10. Assessment

Assessment criteria.

The assessment instruments will be the following:

  1. Passing the exam. The exam will be either oral or a multiple choice test (70 % of the final mark).
  2. Hand in the case studies and an active participation in practical and theoretical classes and seminars (30 %). A minimum score of  5 in the final exam is necessary to take into account the case studies in the final grade.

Guidelines in the case of failing the subject.

The requisites for the second exam are the same of those for the ordinary call.

11. Weekly teaching organization