Public International Law (20645)

Degree awarded: Degree in Law
Academic year: 2nd
Term: 1st
Number of ECTS credits 6
Student hours: 150

Syllabus

Public International Law is in the sphere of the social sciences, specifically in the field of the study of law. It is one of the syllabus's core courses, enabling students to study and acquire knowledge of a new legal system, that of the international community, which operates within a broader framework than internal law, while also requiring the study of the relationship between the two legal systems and their effects. This course provides law students with the international legal framework which regulates international relations.

Public International Law therefore aims to analyse the most significant features of the social base which it regulates, the main legal institutions and their specificities which make up the international legal system and the content of international legal regulations.

To benefit fully from this course students should have a good knowledge of subjects studied on certain first year courses, such as the concepts of state, sovereignty, constitutions, legal systems, sources of the legal system, general principles of law, subjects of law, courts and jurisdiction etc.

Students should also have acquired reasonable skills in reading and understanding legal texts. Public International Law is very closely connected to the first year courses Introduction to Studies and Legal Science, Constitutional Organisation of the State and Sources of Law and Law and Fundamental Rights and Freedoms. It is connected to the first because this provides some of the basic analytical tools which are used in the science of public international law to examine its object of study; to the second because their objects of study are analogous, the basic regulations of the state in one case and the legal systems of the international community in the other, and to the third because they share a concern with the recognition and guaranteeing of fundamental human rights. 

It also has important links with courses studied in other academic years which may also partially share the study of a specific aspect of the curriculum, such as Criminal Law and International Trade Law or which involve a specialisation such International Economic Law.

 

I. THE INTERNATIONAL COMMUNITY AND PUBLIC INTERNATIONAL LAW

Topic 1. The international community and public international law

Introduction. Historical formation and evolution of the international community. Nature and structure of the international community. Organisations in the international community. The concept of public international law. Classification of international obligations.

II. THE IDENTIFICATION AND CREATION OF INTERNATIONAL REGULATIONS

Topic 2. The sources of international law

Introduction. International treaties: concept and types. The international custom: elements. The codifying of international law. The international custom and international treaties. International regimes. The general principles of law. The auxiliary means for determining international regulations.

Topic 3. International treaties

Introduction. Concluding treaties. International treaty reservations. The effects of treaties. Treaties and third states. Interpreting treaties. Nullifying treaties. Terminating treaties. Suspending treaties.

Topic 4. Other sources of public international law

Introduction. The resolutions of international organisations. The processes of creating and determining the international custom through the resolutions of international organisations. Unilateral acts. The behaviour of states: reference to the estoppel doctrine.

III. RELATIONSHIPS BETWEEN INTERNATIONAL LAW AND INTERNAL LAWS

Topic 5. The relationships between international law and internal laws

  Introduction. Doctrinal positions. Internal law vis-à-vis international law. Receiving international law into internal law: a) general international law; b) international treaties; c) resolutions of international organisations. International law in Spanish law.

IV. THE MEMBERS OF THE INTERNATIONAL COMMUNITY

A. STATES

Topic 6. The state in international law

Introduction. The state as a subject of international law. Recognising states. The equal sovereignty principle. The non-intervention principle. State immunity. State succession.

B. INTERNATIONAL ORGANISATIONS

Topic 7. General questions about international organisations

Introduction. Concept and characters. The subjectivity of international organisations. Classification of international organisations. The bodies of international organisations. International officials and civil servants. Powers. The acts of international organisations.

Topic 8. The United Nations

Introduction. The United Nations Charter. Legal nature. Purposes and principles. Organisational structure. Specialised agencies.

C. OTHER NON-STATE BODIES, PEOPLES AND PERSONS

Topic 9. Other non-state bodies, peoples and persons

Introduction: precedents. Peoples: the principle of free determination. The person. Non-governmental organisations. Transnational corporations.

V. THE REGULATION OF INTER-STATE RELATIONS

A. STATE POWERS

1. Territorial Powers

Topic 10. State territory

Introduction. State powers and competences. State territory: a) borders; b) means of acquiring territory; c) limiting and allocation of territory. International waterways. Air space and the air navigation regime. Modifications to the content of territorial power: military bases.

Topic 11. State powers in marine areas

Introduction. Sea territory. Archipelagic waters. The adjacent area. The continental shelf. Economic exclusion zones.

2. Nationality jurisdiction

Topic 12. Nationality jurisdiction and diplomatic protection

Introduction. Nationality. Entry and exit of foreigners. Foreigners' rights. Refugees. Diplomatic protection: a) Legal nature; b) The conditions for the exercise of diplomatic protection.

B. DIPLOMATIC AND CONSULAR RELATIONS

Topic 13. Diplomatic and consular relations

Introduction. State external relations bodies. Diplomatic missions. Special missions. State representation in relations with international organisations. Consular relations.

 

THE PEACEFUL SETTLEMENT OF DISPUTES

Topic 14. The peaceful settlement of international disputes

The principle of peaceful settlement of international disputes. Means of settlement. Diplomatic means. International arbitration. The International Court of Justice.

V. INTERNATIONAL LIABILITY

Topic 15. International liability

Introduction. States' international liability for internationally illegal acts: a) elements; b) circumstances that exclude illegality; c) invocation; d) content: a) elements; b) Individuals' international liability: a) crimes against peace and the safety of humanity; b) the International Criminal Court.