Curso 2018/2019 | guias.usal.es

PUBLIC INTERNATIONAL LAW

GRADO EN ESTUDIOS GLOBALES/GLOBAL STUDIES

1. Subject Information

(Date last modified: 14-09-18 11:10)

Code: 109008
Plan: 290
ECTS: 6.00

Type: Basic
Year: 1
Duration: Second semester

Language: ENGLISH

Area

Departament: Derecho Público General

Virtual platform: Campus Virtual de la Universidad de Salamanca

Professor Information

Professor: Daniel González Herrera
Group/s: Único

Centre: Fac. Derecho

Office: 227

Office hours: -

Web address: http://campus.usal.es/~derechointernacionalpublico

E-mail: daniglez@usal.es
Phone: extensión 1665

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:

Career prospects in the civil service, at various levels of the Public Administrations (especially at Central leven and the European Union).
Professions linked to the sphere of politics, especially State institutions and international organizations.
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.- SUBJECTS OF INTERNATIONAL LAW

Lesson 2. International personality of the State. 1.- International legal persons: general aspects. 2.- Criteria for Statehood. The recognition of States and governments. 3.- The international status of the State: guiding principles. Succession of States. Lesson 3. International Organizations and other subjects of IL. 1.- International organizations as subjects of International Law: concept and characteristics. 2.- Typology and internal dynamics of international organizations. Acts of international organizations. 3.- The United Nations Organization: purpose, powers and institutional structure. 4.- The limited international personality of the individual. Other subjects of International Law.

III.- THE FORMATION OF INTERNATIONAL LAW

Lesson 4. 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. 4.- Codification and the development of International law: the interaction between custom and treaty. Lesson 5. Treaty law (I). 1.- General aspects and concept of treaty: treaties and other international agreements. 2.- The treaty-making process. Lesson 6. Treaty law (II). 1.- Reservations to treaties: concept and legal regime. 2.- Legal effects of treaties: between the parties, for third parties, in space and time. Successive treaties on the same subject. 3.- Treaty interpretation and reform. 4.- Invalidity, termination and suspension of treaties.

IV.- THE APPLICATION OF INTERNATIONAL LAW

Lesson 7. International responsibility. 1.- The basis for responsibility: an internationally wrongful act. Circumstances precluding wrongfulness. 2.- The invocation of responsibility and the consequences of an internationally wrongful act: the duty to repair. 3.- Individual criminal responsibility in International Law: international jurisdiction, ad hoc international criminal tribunals and the International Criminal Court. Lesson 8. The peaceful settlement of international disputes. 1.- The principle of peaceful settlement of international disputes. 2.- Political and diplomatic resolution of conflicts. 3.- Judicial resolution of conflicts: arbitration and judicial settlement. 4.- The International Court of Justice: composition and jurisdiction.

V.- THE REGULATION OF INTERSTATE RELATIONS

Lesson 9. Immunities and organs of the State in international relations. 1.- Immunities of foreign States: immunities from jurisdiction and execution. 2.- The central organs of the State: Head of State, Head of Government and Minister of Foreign Affairs. 3.- External organs: diplomatic missions and consular posts. 4.- Other relevant issues on immunity. Lesson 10. 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. 4.- The modification of territorial jurisdiction: the case of military bases. Lesson 11. 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. International straits. 4.- Exclusive Economic Zone and Continental shelf. 5.- Spaces outside the territorial jurisdiction of any State. Lesson 12. Personal jurisdiction of the State and diplomatic protection. 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. 4.- Diplomatic protection of individuals: concept, conditions and evolution of international legal practice. Lesson 13. 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.

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

Lesson 14. The international protection of human rights. 1.- The United Nations’ system of human rights protection: conventional and extra-conventional instruments. 2.- The European Convention on Human Rights and its protection mechanism: The European Court of Human Rights. Lesson 15. The prohibition of the use of force and international humanitarian law. 1.- The principle of the prohibition of the threat and use of force and its exceptions: self-defence and collective security. 2.- Basic principles of international humanitarian law. 3.- The protection of victims of armed conflicts. 4. Rules applying to the conduct of hostilities: aims, means and methods of warfare.

Practice.

The following list of practices is indicative:

Custom as a procedure for the creation of Law in the international legal order.
The process of conclusion of treaties.
Immunities of the foreign State.
The Law of the Sea.
International protection of human rights.
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. (2012) Brownlie's Principles of Public International Law. Oxford: Oxford University Press.
EVANS, M. D. (ed) (2014) International Law. Oxford University Press.
ORAKHELASHVILI, A. (2004) Akehurst's Modern Introduction to International Law. London: Routledge.
SHAW, M. (2014) International Law. Cambridge: Cambridge University Press.

10. Assessment

Assessment criteria.

The assessment instruments will be the following:

Passing the exam. The students can choose the modality of the exam: written or oral examination (70 % of the final mark).
Hand in the case studies and a active participation in practical and theoretical classes and seminars (30 %).

Guidelines in the case of failing the subject.

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

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