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2023/2024

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 1
2503778 International Relations FB 2 1

Contact

Name:
Sonnia Güell Peris
Email:
sonnia.guell@uab.cat

Teaching groups languages

You can check it through this link. To consult the language you will need to enter the CODE of the subject. Please note that this information is provisional until 30 November 2023.


Prerequisites

There is no previus requierements


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 rest of the States
 
- Realize that public international law remains the necessary instrument to regulate relations international.
 
- Assume that it is the same subjects that make the international norms that must comply with them. Only exceptionally is respect for public international law coercively imposed.
 
- Understand that public international law has a high level of voluntary compliance despite sometimes seeming otherwise. The reason is that it is adopted for the common interest of the States and therefore it is enforced.
 
- Pay attention to the fact that a very significant part of the internal regulations of the States originate from or are related to public international law

Competences

    Political Science and Public Management
  • Act with ethical responsibility and respect for fundamental rights and duties, diversity and democratic values.
  • Demonstrating good writing skills in different contexts.
  • Develop critical thought and reasoning and be able to communicate them effectively, both in your own language and second or third languages.
  • Develop strategies for autonomous learning.
  • 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.
  • Make changes to the methods and processes of the area of knowledge to provide innovative responses to the needs and wishes of society.
  • 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.
  • Synthesizing and critically analysing information.
  • Working autonomously.
  • Working in teams and networking, particularly in interdisciplinary conditions.
    International Relations
  • Act with ethical responsibility and respect for fundamental rights and duties, diversity and democratic values.
  • 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.
  • Use metatheoretical data to argue and establish plausible relation of causality and establish ways of validating or rejecting them.

Learning Outcomes

  1. Act with ethical responsibility and respect for fundamental rights and duties, diversity and democratic values.
  2. Analyse the legal bases for different actions and regulatory provisions of the EU and their different impacts on internal ordinance.
  3. Assessing the international responsibility in several current examples.
  4. Critically analyse the principles, values and procedures that govern the exercise of the profession.
  5. Critically analysing and assessing the legal elements of the relations between the political power and its citizens and generally, in the political processes.
  6. 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.
  7. 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.
  8. Demonstrating good writing skills in different contexts.
  9. Describing basic elements of the parliamentary monarchy in Spain.
  10. Describing the theoretical foundations and historical evolution of the European and North American constitutionalism.
  11. Develop critical thought and reasoning and be able to communicate them effectively, both in your own language and second or third languages.
  12. Develop strategies for autonomous learning.
  13. Evaluate international responsibility in different current situations.
  14. Explain the explicit or implicit code of practice of one's own area of knowledge.
  15. Explaining the concept of Constitution and basic constitutional principles and the State of Law and social and democratic state principles.
  16. Identify data sources and carry out rigorous bibliographical and documentary searches.
  17. Identifying sources of data and conducting bibliographic and documentary searches.
  18. Interpreting and applying English texts in an academic way.
  19. Make changes to the methods and processes of the area of knowledge to provide innovative responses to the needs and wishes of society.
  20. Managing the available time in order to accomplish the established objectives and fulfil the intended task.
  21. Realising effective oral presentations that are suited to the audience.
  22. Recognise the influence of different actors in the production and practice of international law and European and community law in the international system.
  23. Showing a good capacity for transmitting information, distinguishing key messages for their different recipients.
  24. 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.
  25. 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.
  26. Students must develop the necessary learning skills to undertake further training with a high degree of autonomy.
  27. Synthesizing and critically analysing information.
  28. Use metatheoretical data to argue and establish plausible relation of causality and establish ways of validating or rejecting them.
  29. Weigh up the impact of any long- or short-term difficulty, harm or discrimination that could be caused to certain persons or groups by the actions or projects.
  30. Working autonomously.
  31. Working in teams and networking, particularly in interdisciplinary conditions.

Content

PUBLIC INTERNATIONAL LAW PROGRAM
 
Course 2023-24
 
I. THE INTERNATIONAL SYSTEM
 
Lesson 1. International society and public international law (PIL)
Origin and evolution. The institutionalization of the international system. The United Nations and its principles. DIP concept. The DIP as a legal system of the current international society.
 
II. INTERNATIONAL SUBJECTIVITY
 
Lesson 2. The international subjectivity of the State
Concept and constitutive elements of the State. The principle of sovereign equality. State immunities. The principle of non-intervention. The succession of states. State recognition. Government recognition. The foreign representation of the States.
 
Lesson 3. The international subjectivity of international organizations (IOs) and the international status of other actors
The international legal personality of the IOs. The powers of the IO. historical situations. The villages. The NGOs. Transnational companies. The individual. The humanity.
 
III. THE PROCESS OF FORMATION OF STANDARDS IN THE DIP Lesson 4. The structure of the international legal system
Concept of source and the norms of lege ferenda. Consent and consensus of the States in the formation of norms. The hierarchy of international norms: jus cogens.
 
Lesson 5. Treaties as a source of IPL
Treaty concept. Types of treaties and functions. The celebration of treaties: special reference in Spain. The reservations. The provisional application. Deposit and registration of treaties.
 
Lesson 6. Other sources of IPL, auxiliary means and their interaction
Custom. The general principles of law. Equity. Jurisprudence and doctrine. Concept and classes of unilateral acts of the States. The normative acts of theIO: the internal normative function and the external normative function. He is law. The interaction between formal sources and supporting mechanisms for the creation of standards.
 
IV. ORDINARY APPLICATION OF DIP
 
Lesson 7. DIP relations with internal rights
The reception of the PIL and its hierarchy: special reference in Spain. Interpretation. The application of international law
 
Lesson 8. Effects of international norms and their possible alterations
 The effects of international standards, special reference to the effects erga omnes. Nullity, modification, termination and suspension of treaties.
 
 
V. EXTRAORDINARY APPLICATION OF THE DIP
 
Lesson 9. The peaceful settlement of international disputes
Concept and regulation of disputes. Diplomatic means of solution. The legal means of solution 
 
Lesson 10. International responsibility
International responsibility concept. The objective element and the subjective element. Circumstances exclude 
 
Lesson 11. Mechanisms for enforcement of the PIL
diplomatic protection. Self-protection measures. Institutionalized procedures: social sanction,
 
 
SAW. SPACE COMPETENCES AND INTERNATIONAL COOPERATION
 
Lesson 12. Spatial competences and spaces of collective interest
Earth space. The air space. The law of the sea. Other spaces of collective interest. 
 
Lesson 13. International economic architecture and development cooperation
International financial relations. International trade relations. Cooperation for the d Lesson 14. International law of armed conflicts.
Origin and evolution of international humanitarian law (IHL). Theguiding principles of IHL. The standard framework.

Methodology

This subject is worth 6 ECTS credits, that is to say, it involves a total dedication of 150 hours by the student, which is divided into several types of activities, each of them with a certain weight of working hours.
This variety of forms of work materializes in different methodologies:
- Directed activities: these are activities in the classroom, with the presence of the teaching staff
- Supervised activities: these are activities carried out by students outside the classroom in accordance with a work plan designed and tutored by the faculty.
- Autonomous activities: these are all those activities that students do on their own and in accordance with the requirements of the subject in order to be succcessful.

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      
master classes, seminars, classroom exercices 52 2.08 2, 5, 6, 7, 10, 15, 26, 24, 25, 22, 3, 13
Type: Supervised      
tutorships 15 0.6 7, 26, 24, 25, 3
Type: Autonomous      
readings, organization of notes, personal study, information research 77 3.08 10, 26, 24, 25

Assessment

Continuous Assessment Model
 
In order for the teacher to be able to establish the degree of achievement of the competencies of each student, various practical activities will be designated which, together with regular attendance and active participation in class, will serve as assessment elements for the final grade. .
 
 
 
Single Assessment Model.
 
Students who have requested to be granted the Single Assessment must take the following tests whose grade will be equivalent to the indicated percentage of the final grade.
 
- An examination of theoretical contents of ten questions. 50% of the final grade
 
- Two practical cases. 25% each of them from the final grade.

Assessment Activities

Title Weighting Hours ECTS Learning Outcomes
Case Law 1 20% 2 0.08 1, 28, 7, 8, 12, 21, 20, 16, 17, 23, 26, 24, 25, 27, 30, 31
International news discussion 1 20% 2 0.08 6, 7, 11, 26, 24, 25, 22, 3, 13
Multiple choice questions 20% 2 0.08 1, 4, 2, 5, 6, 7, 9, 10, 11, 14, 15, 18, 19, 26, 24, 25, 22, 29, 13

Bibliography

Bibliografia BIBLIOGRAFIA BÀSICA

 

  1. GENERAL RECOMENDED BIBLIOGRAPHY

CASANOVAS, O. RODRIGO, A. Compendio de Derecho Internacional Público. Ed Tecnos . Undécima edición 2022

Sistema de derecho internacional público / Paz Andrés Sáenz de Santa Maria (recurso electrónico) https://cataIeg.uab.cat/iii/encore/record/C Rb1705931

Dret internacional públic [Recurso electrònico] / Joan Piñol i RuII (coordinador) ; [Josep B. Acosta i Estévez... et al.] UOC 2000

https://cataIeg.uab.cat/iii/encore/record/C Rb1705931

 

2. OTHERS

DIEZ DE VELASCO, M. Instituciones de derecho internacional público, Tecnos 2013

PASTOR, J.A. Curso de derecho internacional público y organizaciones internacionales, Editorial Tecnos, vigésimasexta edición 2022

 


Software

This course does not require an specific one