International legal framework

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.

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.

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. 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.

The following list of case law 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.

Básicas: CB1, CB2, CB3, CB4, CB5.

Genéricas: A1, A3, A4, A5.

B7, B11, B12, B13.

• 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. (2022) Akehurst's Modern Introduction to International Law. (9th ed). London: Routledge.
• SHAW, M. (2021) International Law. (9th ed). Cambridge: Cambridge University Press.

The assessment instruments will be the following:

1. Passing the final exams (60% of the final mark).The exam will have two parts: 1) an open-book test consisting of solving a practical scenario (30%) and 2) an oral exam on theoretical knowledge (30%).
2. Handing in the case studies and an active participation in practical and theoretical classes and seminars (40%). A minimum score of  5 in the final exam is necessary to take into account the case studies in the final grade.

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