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
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.
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.
Bibliography
Bibliografia BIBLIOGRAFIA BÀSICA
- 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