Public International Law
Code: 101119 ECTS Credits: 6| Degree | Type | Year | Semester |
|---|---|---|---|
| 2500259 Political Science and Public Management | OT | 3 | 2 |
| 2500259 Political Science and Public Management | OT | 4 | 0 |
| 2503778 International Relations | FB | 2 | 1 |
Contact
- Name:
- Sonnia Güell Peris
- Email:
- Sonnia.Guell@uab.cat
Use of Languages
- Principal working language:
- spanish (spa)
- Some groups entirely in English:
- No
- Some groups entirely in Catalan:
- No
- Some groups entirely in Spanish:
- No
Prerequisites
No pre requirements
Objectives and Contextualisation
Understand that the international system is increasingly interdependent and that state freedom to adopt
international standards is limited by the joint will of the other States
- Realize that public international law is still the necessary instrument to regulate relationships
international
- Assume that they are the same subjects that make international standards those who must comply.
Only exceptionally is the enforcement of public international law coercively enforced
- Understand that public international law has a high level of voluntary compliance, despite the fact that it sometimes seems
otherwise. The reason is that it is adopted because of the common interest of the States and that is why it is enforced.
- To understand that a very significant part of the internal norms of the States have their origin or are
related to public international law
Competences
- Political Science and Public Management
- Demonstrating good writing skills in different contexts.
- Distinguishing the discipline's main theories and different fields: conceptual developments, theoretical frameworks and theoretical approaches underlying the discipline's knowledge and different areas and sub-areas, as well as their value for the professional practice through concrete cases.
- Identifying sources of data and conducting bibliographic and documentary searches.
- Interpreting and applying English texts in an academic way.
- Managing the available time in order to accomplish the established objectives and fulfil the intended task.
- Realising effective oral presentations that are suited to the audience.
- Showing a good capacity for transmitting information, distinguishing key messages for their different recipients.
- Working autonomously.
- Working in teams and networking, particularly in interdisciplinary conditions.
- International Relations
- Analyse, establish and argue the legal rules applicable to international phenomena.
- Identify data sources and carry out rigorous bibliographical and documentary searches.
- Students must be capable of applying their knowledge to their work or vocation in a professional way and they should have building arguments and problem resolution skills within their area of study.
- Students must be capable of collecting and interpreting relevant data (usually within their area of study) in order to make statements that reflect social, scientific or ethical relevant issues.
- Students must develop the necessary learning skills to undertake further training with a high degree of autonomy.
- Use different tools for analysing the contemporary international system and its functional and regional or geographical subsystems.
Learning Outcomes
- Assessing the impact of the inter-administrative relationships.
- Assessing the international responsibility in several current examples.
- Critically analysing and assessing the legal elements of the relations between the political power and its citizens and generally, in the political processes.
- Define the context of legal regulation for international relations and the sources, rules and subjects in international public law and the way in which they appear in the actions of states and international organisations.
- Defining the concepts of act, activity, procedure, resources and administrative guarantees.
- Defining the regulatory legal context of international relations, as well as the sources, norms and subjects of the International Public Law, and actions of the States and International Organizations.
- Demonstrating good writing skills in different contexts.
- Evaluate international responsibility in different current situations.
- Explaining the concept of Constitution and basic constitutional principles and the State of Law and social and democratic state principles.
- Identify data sources and carry out rigorous bibliographical and documentary searches.
- Identifying sources of data and conducting bibliographic and documentary searches.
- Interpreting and applying English texts in an academic way.
- Managing the available time in order to accomplish the established objectives and fulfil the intended task.
- Realising effective oral presentations that are suited to the audience.
- Recognise the influence of different actors in the production and practice of international law and European and community law in the international system.
- Showing a good capacity for transmitting information, distinguishing key messages for their different recipients.
- Students must be capable of applying their knowledge to their work or vocation in a professional way and they should have building arguments and problem resolution skills within their area of study.
- Students must be capable of collecting and interpreting relevant data (usually within their area of study) in order to make statements that reflect social, scientific or ethical relevant issues.
- Students must develop the necessary learning skills to undertake further training with a high degree of autonomy.
- Working autonomously.
- Working in teams and networking, particularly in interdisciplinary conditions.
Content
PROGRAM OF PUBLIC INTERNATIONAL LAW
Course 2019-2020
I. THE INTERNATIONAL SYSTEM
Lesson 1. International society and the public international law (PIL)
Origin and evolution. The institutionalization of the international system. The United Nations and its principles. Concept of PIL. The PIL as a legal system of the current international society.
II. THE INTERNATIONAL SUBJECTIVITY
Lesson 2. The international subjectivity of the State
Concept and constituent elements of the State. The principle of sovereign equality. Immunities of the State. The principle of non-intervention. The succession of States. The recognition of States. The recognition of governments. Foreign representation of States.
Lesson 3. The international subjectivity of international organizations (IO) and the international status of other actors
The international legal personality of the IO. The competences of the IO. Historical situations. The peoples. NGOs. Transnational corporations. The individual. The humanity.
III. THE PROCESS FOR TRAINING RULES IN PIL
Lesson 4. The structure of the international legal system
Concept of source of law and lege ferenda norms. Consent and consensus of the States in the formation of norms. The hierarchy of international norms: the ius cogens.
Lesson 5. Treaties as a source of PIL
Concept of treaty. Modalities of treaties and functions. The celebration of treaties: special reference to the Spanish State. The reservations. The provisional application Deposit and registration of treaties.
Lesson 6. Other sources of PIL, auxiliary means and their interaction
The custom. The general principles of law. Equity. Jurisprudence and doctrine. Concept and modalities of unilateral acts of States. The normative acts of the IO: the internal normative function and the external normative function. Soft law. The interaction between formal sources and coadjuvant mechanisms for the creation of norms.
IV. ORDINARY APPLICATION OF THE PIL
Lesson 7. The relations of the PIL with the internal rights
The reception of the PIL and its hierarchy: special reference to the Spanish State. The interpretation The application of the PIL: special reference to the Spanish State. Follow-up techniques and international control.
Lesson 8. Effects of international regulations and their possible alterations
The effects of the international norms, special reference to the erga omnes effects. Nullity, modification, termination and suspension of treaties.
V. EXTRAORDINARY APPLICATION OF THE PIL
Lesson 9. The peaceful resolution of international disputes
Concept and regulation of disputes. The diplomatic means of solution. The means of jurisdictional solution: the arbitration and the judicial solution (special reference to the ICJ). The resolution of disputes in the IO.
Lesson 10. International responsibility
Concept of international responsibility. The objective element and the subjective element. Excluding circumstances. Consequences of the internationally illicit fact: the repair. The obligation to repair by lawful acts. The international responsibility of the individual.
Lesson 11. Mechanisms for demanding compliance with the PIL
Diplomatic protection Countermeasures. The institutionalized procedures: the social sanction, the disciplinary power and the power of coercion of Chapters VII and VIII of the Charter. The practice of the United Nations and other international mechanisms.
VI. SPACE COMPETENCES AND INTERNATIONAL COOPERATION
Lesson 12. Space competences and spaces of collective interest
The terrestrial space. Air space. The law of the sea. Other spaces of collective interest. The protection of the environment.
Lesson 13. International economic architecture and development cooperation
International financial relations. International trade relations. Development cooperation.
Lesson 14. International law on armed conflicts.
Origin and evolution of international humanitarian law (IHL). The governing principles of the IHL. The international regulatory framework. The role of the Red Cross.
Methodology
Teaching will be mixed online and face-to-face.
The student at the beginning of the course can opt for a continuous assessment system that will not have to be tested
directed activities
Theoretical classes: taught by the teacher
Students can choose to follow a system of continuous evaluation consisting of practical cases, comments of resolutions of international organizations, judgments of the International Court of Justice among others and that will be resolved in class. Therefore, students who opt for this system, attending classes for the entire duration of the sessions is mandatory and 90% mandatory. In case the student can not come in 90% of the sessions of the course will go to the system for examination
The activities carried out during the course may consist of:
A) Report-individual report on a program topic
B) Presentation in class during the course of the results of the work
C) (previous autonomous preparation) Carry out and comment in class practical cases, judgments, committee resolutions, among others
The teacher at the beginning of the course will explain the procedure to be followed in more detail
Autonomous activities
The teacher in the classroom or on the virtual campus will explain how to prepare autonomously
content of the subject
Annotation: Within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.
Activities
| Title | Hours | ECTS | Learning Outcomes |
|---|---|---|---|
| Type: Directed | |||
| PRACTICAL ACTIVITIES | 22.5 | 0.9 | 3, 6, 14, 11, 16, 21 |
| THEORICAL CLASSES | 30 | 1.2 | 3, 6, 2 |
| Type: Supervised | |||
| STUDENT ATENTION | 5 | 0.2 | 13 |
| Type: Autonomous | |||
| READING BASIC BIBLIOGRAPHY | 19 | 0.76 | 3, 6 |
| READING DOCUMENTS | 11 | 0.44 | |
| Research and documentation | 8 | 0.32 | 11 |
| STRUCTURING AND EDITING RESEARCHS | 13 | 0.52 | 13, 12, 20, 21 |
| STUDY | 17 | 0.68 | 3 |
Assessment
Continuous evaluation model
with the aim that the teacher can establish the degree of achievement of each student's competences, the practical activities carried out throughout the course in exceeding can be a maximum of 100% of the final grade and there is no compensatory evaluation. If the student has a discontinuous follow-up and does not pass the exercises during the course, he will go to the exam model
Exam model
There will be an exam of 7 questions that is equivalent to 70% of the final grade on subjects related to the program of the subject and a practical case that is equivalent to 30% of the final grade. There is the possibility of Compensatory Evaluation of the exam (7 questions + case study) in case it is not approved, at least, with a grade of 5
A student who cheats or try to cheat an exam will have a 0 as a mark. A Student who submits a paper o practical in which there is evidence of plagiarism will have a 0 as a mark and will receive a warning. In case of repetition, the students will fail the subject.
Assessment Activities
| Title | Weighting | Hours | ECTS | Learning Outcomes |
|---|---|---|---|---|
| CASE LAW | 30% | 22.5 | 0.9 | 3, 1, 6, 5, 7, 9, 14, 13, 10, 11, 12, 16, 17, 18, 20, 21, 2 |
| FINAL EXAM | 40% | 1 | 0.04 | 3, 1, 6, 5, 9, 19, 15, 2 |
| SPECIFIC PART EXAM | 30% | 1 | 0.04 | 4, 2, 8 |
Bibliography
BIBLIOGRAFIA BÀSICA
I. OBRA GENERAL RECOMANADA
CASANOVAS, O. RODRIGO, A. Compendio de Derecho Internacional Público
Sistema de derecho internacional público / Paz Andrés Sáenz de Santa María (recurs electrónic)
https://cataleg.uab.cat/iii/encore/record/C__Rb1705931
Dret internacional públic [Recurs electrònic] / Joan Piñol i Rull (coordinador) ; [Josep B. Acosta i Estévez... et al.] UOC 2000
https://cataleg.uab.cat/iii/encore/record/C__Rb1705931
Non-recognition of states as a specific sanction of public international law / Adrian Corobană (recurs electrónic)
II. ALTRES OBRES GENERALS D'ESPECIAL INTERÈS
DIEZ DE VELASCO, M. Instituciones de derecho internacional público, Tecnos 2013
PASTOR, J.A. Curso de derecho internacional público y organizaciones internacionales, Tecnos, 2012
Software
We only use Moodle Program