Syllabus
Academic year 2014-2015
Public International Law (21696)
Degree: Bachelor's Degree in Political and Administration Sciences
Year: 3rd / 4th
Term: 1st
Number of ECTS credits: 4
Student workload: 100
Teaching language: English
Instructor: Miguel Ángel Elizalde
1. Course description
Public International Law is an optional course within the international profile of the Bachelor's Degree in Political and Administration Sciences allowing students to begin a specialization in international studies.
The course follows a double path. On the one hand, the study and knowlegde of a new legal system, the legal system of the international community operating under a more comprehensive framework than the domestic laws. On the other hand, the course analyzes the most significant features of the social base regulated by the legal system -major institutions and international legal norms.
The design of the course adapts to students with previous basic knowledge about international relations, as well as about legal studies. The course prepares students for professional activities in the field of international affairs -foreign service, international institutions, consultancy, etc.-, as well as for specialized graduate studies.
2. Competences
The course aims at the acquisition of general competences and specific competences.
General competences include:
Instrumental competences
1. Ability to understand international issues
2. Capacity for analysis and synthesis of international issues
3. Skills for research and documentation of sources of international reference
Interpersonal competences
4. Written and oral communication skills
5. Critical analysis
6. Argumentation
7.Teamwork
Systemic competences
8.Comprehension and analysis of international relations
9. Understanding the basic features of the international community
10. Ability to contextualize international events within the relevant legal framework
11. Ability to relate facts and values ??in order to find solutions to specific problems
Specific competences include:
1. Understanding the specific features of the international legal order with respect to other types of regulation
2. Understanding the structure of the international legal order
3. Understanding the main institutions of the international legal order
4. Ability to understand the nature and type of the different members of the international community
5. Understanding the nature and types of international organizations.
6. Understanding the personal and territorial jurisdiction of the State
7. Ability to identify internationally wrongful acts and the requirement of international responsibility of the State and the individual.
3. Syllabus
Lesson 1. The international community and international law. Introduction. Historical formation and evolution of the international community. Nature and structure of the international community. The organization of the international community. The concept of public international law. The content of international law. Classification of international obligations.
Lesson 2. The sources of international law. Introduction. The international treaties: a) Concept and types b) The conclusion of treaties; c) The effect of treaties. The international practice: a) Elements b) Relations with international treaties. The general principles of law. The resolutions of international organizations.
Lesson 3. The State in international law. Introduction. The State as a subject of international law. The recognition of states. The principle of sovereign equality. The principle of non-intervention. The immunity of the State. State succession.
Lesson 4. International organizations. Introduction. Concept and characteristics. The subjectivity of international organizations. Classification of international organizations. United Nations: a) the legal nature of the Charter; b) Purposes and Principles c) Structure.
Lesson 5. State powers (I): The territory of the State. Introduction. Powers and responsibilities of the State. The territory of the state: a) Boundaries b) Methods of acquisition of territory; c) Delineation and attribution of territories. The international watercourses. The airspace and air navigation system. Amendments to territorial powers of the state: military bases.
Lesson 6. State powers (II): Maritime areas. Introduction. The territorial sea. The archipelagic waters. The contiguous zone. The continental shelf. The exclusive economic zone. The high seas.
Lesson 7. The international regimes for the protection of general interests of the international community (I): The maintenance of peace and security. Introduction. The principle of prohibition of the use of force. Self-defense. Collective security: a) Action of the United Nations in case of threats to peace, breaches of peace and acts of aggression; b) Peacekeeping operations.
Lesson 8. The international regimes for the protection of general interests of the international community (II): The international protection of human rights. Background. The United Nations Charter and the Universal Declaration of Human Rights. The International Covenants on Human Rights. The protection of human rights in Europe. The protection of human rights in Africa and America.
Lesson 9. The peaceful settlement of international disputes. The principle of peaceful settlement of international disputes. Means of dispute settlement. Diplomatic means. International arbitration. The International Court of Justice.
Lesson 10. The international responsibility. Introduction. The international responsibility of the State for internationally wrongful acts: a) Elements b) Circumstances which exclude wrongfulness c) Invocation d) Content. The international responsibility of the individual: a) Crimes against peace and security of mankind; b) The International Criminal Court.
4. Assessment
The assessment of the course will combine continuous assessment and a final exam. Grades obtained in these two areas will shape the final grade.
Continuous assessment: Continuous assessment will derive from activities and exercises done during the term, according to the schedule and instructions from the course instructor. These grades will amount to 50% of the final grade of the course.
Final exam. A final exam will cover the syllabus of the course, and the grade obtained will amount to 50% of the final grade of the course. With a qualification under 3 points (out of 10) the final grade will not be calculated.
The assessment framework at UPF allows for a 'second chance' examination for those students who failed at the end of the term. These students can participate in the 'second chance' examination if two conditions are met: 1) having done at least 50% of the continuous assessment activities, and 2) having taken the final exam. The 'second chance' examination will have two parts: the first one corresponding to lectures, and the second corresponding to continuous assessment activities. Students entitled to this examination will take the exam of the part that they failed at the end of the term.
5. Bibliography and other resources
5.1. Basic bibliography
Casanovas, O. y Rodrigo, A.J., Casos y textos de Derecho internacional público, 6ª ed., Madrid, Tecnos, 2010.
Díez de Velasco, M., Instituciones de Derecho Internacional Público, 17ª ed., Madrid, Tecnos, 2009.
Díez de Velasco, M., Las Organizaciones internacionales, 16ª ed., Madrid, Tecnos, 2009.
Fernández Tomás, A., Sánchez Legido, A. y Ortega Terol, J.A., Lecciones de Derecho internacional público, Valencia, Tirant lo Blanc, 2011.
Andrés Sáenz de Santa María, M.P., Sistema de Derecho Internacional Público, Madrid, Civitas/Thompson Reuters, 2011.
Remiro Brotons, A. et al., Derecho Internacional. Curso general, València, Tirant lo Blanc, 2010.
5.2. Other resources
5.3.1. Websites
A theme guide of digital resources is available at the UPF Library (Bib TIC), with access to a number of international law websites: international treaties, international courts, data bases, research centres, and other interesting sites:
http://guiesbibtic.upf.edu/content.php?pid=130023&sid=1611660
A site of special interest is the "Avalon Project", by the Lillian Goldman Law Library, where there is also a specific archive about human rights (Project DIANA), and a document collection about the International Military Tribunal for Germany: http://avalon.law.yale.edu/
5.3.2. Scientific journals
American Journal of International Law
Anuario de Derecho Internacional
Cornell International Law Journal
Denver Journal of International Law and Policy
European Journal of International Law
George Washington International Law Review
Harvard University International Law Journal
New York University Journal of International Law & Politics
Revista Electrónica de Estudios Internacionales
Revista Española de Derecho Internacional
Spanish Yearbook of International Law
6. Methodology
The course follows a methodological model combining learning activities in class and out of class. Learning activities in class comprise both lectures and seminars. Learning activities out of class refer to the preparation of seminars, as well as the use of required and recommended readings. At least four seminars will take place during the term. The precise details for the preparation of these sessions will be available on the intranet (Aula Global).
7. Schedule of activities
|
Week |
Session |
Type |
Session contents |
Weekly workload for the student |
|||
|
Learning activities |
Classhours |
Out of class hours |
|||||
|
In class |
Out of class |
||||||
|
I |
1 |
T |
Introduction to the course
Lesson 1. The international community and international law. |
Lecture: lesson of the syllabus |
Course readings |
3 |
6 |
|
II |
2 |
T |
Lesson 2. The sources of international law |
Lecture: lesson of the syllabus |
Course readings |
3 |
6 |
|
III |
3 |
T |
Lesson 3. The State in international law |
Lecture: lesson of the syllabus |
Course readings Seminar preparation |
3 |
6 |
|
IV |
4 |
T |
Lesson 4. International organizations |
Lecture: lesson of the syllabus |
Course readings Seminar preparation |
3 |
6 |
|
V |
5 |
T |
Lesson 5. State powers (I): The territory of the State |
Lecture: lesson of the syllabus |
Course readings Seminar preparation |
3 |
6 |
|
VI |
6 |
T |
Lesson 6. State powers (II): Maritime areas |
Lecture: lesson of the syllabus |
Course readings Seminar preparation |
3 |
6 |
|
VII |
7 |
T |
Lesson 7. The maintenance of peace and security |
Lecture: lesson of the syllabus |
Course readings Seminar preparation |
3 |
6 |
|
VIII |
8 |
T |
Lesson 8. The international protection of human rights |
Lecture: lesson of the syllabus |
Course readings Seminar preparation |
3 |
6 |
|
IX |
9 |
T |
Lesson 9. The peaceful settlement of international disputes |
Lecture: lesson of the syllabus |
Course readings Seminar preparation |
3 |
6 |
|
X |
10 |
T |
Lesson 10. The international responsibility
|
Lecture: lesson of the syllabus |
Course readings
|
3 |
6 |
|
Workload hours: Subtotal |
30 |
60 |
|||||
|
XI-XII |
Workload hours preparing for the final exam |
10 |
|||||
|
TOTAl OF COURSE HOURS
|
100 |
||||||
Week: week number; Session: session number; Type: type of session, L (Lecture), S (Seminar); Class hours: scheduled class hours; Out of class hours: estimated work time.