Public International Law

2023/2024

Учебный год

ENG

Обучение ведется на английском языке

6

Кредиты

Кто читает:

Департамент международного права

Статус:

Курс обязательный

Когда читается:

3-й курс, 3, 4 модуль

Преподаватель

Петренко Алексей Владимирович

Course Syllabus

Abstract

The course on Public International Law examines nature, principles, and instruments of public international law (PIL), studying in depth its structure and mechanisms, analysing and discussing main issues that currently challenge the international community. This course is primarily aimed at providing students the necessary tools to understand and study nature, sources and role of public international law as well as to analyze and discuss resolution of international disputes. In the first part, the course will cover a wide array of introductory and substantial topics such as sources and subjects of PIL, state sovereignty and jurisdiction, the UN legal system and the interrelations between domestic and international legal systems. In the second part the course will address specific branches of PIL, such as international human rights law, international economic law (including international trade law and investment protection), international humanitarian law, international criminal law, law of international security, and international environmental law. Moreover, the course will deal with current and emerging issues of PIL, such as terrorism, migration, cyber operations, unilateral sanctions, climate change etc. The course will analyze and discuss treaties, decisions of the UN bodies and other international legal instruments. A special emphasis will be made on the relevant case law of international and national courts. During this course students are supposed to participate in a moot court exercise simulating a case before an international court and complete a written test consisting of open questions and a case study. There is an oral examination at the completion of the course.

Learning Objectives

• The main purpose of the course is to develop skills to apply norms of public international law, conduct legal research individually and in a team, and solve cases involving the issues of PIL.

Expected Learning Outcomes

• ─ the PIL terminology and academic legal writing; ─ the sources of international law and learn how to identify the applicable law to solve possible case law (weekly classes, exams, written assignments);
• ─ to analyze scientific publications and reports on PIL topics.
• ─ to apply a systematic legal approach and using comparative methods;
• ─ to carry out professional activities in the field of Public International Law, Human Rights Law and/or Humanitarian Assistance;
• ─ to develop a professional methodology to work, learning to conduct exhaustive legal research, correct identification of relevant judicial decision and applicable law, which will be necessary for the fulfillment of their future scientific and professional tasks;
• ─ to develop practical abilities of legal research and analysis of customary law, treaties, soft law, decisions, and doctrines;
• ─ to identify legal issues in the field of PIL and to develop an independent analysis of such issues;
• ─ to learn and use specific terminology and sources of PIL;
• ─ to represent individuals in front of domestic and international courts, as well as quasi-judicial bodies;
• ─ to use appropriate referencing and bibliographic methods;
• ─ to use national and international regulatory acts and judicial decisions to protect human and civil rights and freedoms, and legitimate interests of legal entities;
• ─ to use the major legal databases on international law and European law such as Peace Palace Library, ICJ website, Court of Justice, HUDOC, EURLEX, JSTOR, Lexis Nexis, WESTLAW, and the major journals, blogs or dedicated websites for carrying out research activity and analyze current issues in the international law field.
• Gain knowledge and understanding of role and importance of international law in the regulation of social relations; basic principles of public international law, its main features (sources, subjects), structure and mechanisms of international legal system, role and functioning of global and regional international organizations; as well as role, functions and procedural mechanisms of international and regional courts, special tribunals and quasi-judicial human rights bodies.
• Gain knowledge and understanding of PIL terminology, legal writing; sources of international law and learn how to identify the applicable law to solve possible case law; law of treaties, and role of states and international organizations in law-making; historical evolution of international law, human rights law and other PIL branches and their current trends.
• Gain skills and abilities to learn and use specific terminology and sources of PIL; develop practical abilities of legal research and analysis of treaties, customary law, soft law, decisions, and doctrines; use appropriate referencing and bibliographic methods; read and correctly analyze case law (by International Court of Justice, ICC, ICTY, ICTR, ECtHR, CJEU, WTO etc.), using lawyering skills and legal argumentation).
• Gain skills and abilities to use major legal databases on international law such as Peace Palace Library, ICJ website, HUDOC, JSTOR, Lexis Nexis, WESTLAW, and major journals, blogs or dedicated websites for carrying out research activity regarding current issues in international law.
• Gain competencies and abilities to develop professional methodology, conduct exhaustive legal research, identify relevant judicial decisions and applicable law, necessary for the fulfillment of their future academic and professional tasks; apply systematic legal approach, including by using comparative methods; identify legal issues in the field of PIL and develop an independent analysis of such issues; analyze academic and professional publications and reports on PIL topics.
• Gain competencies and abilities to consult governmental authorities and private entities on PIL issues, and carry out other professional activities in the field of public international law, human rights law and/or humanitarian assistance; use national and international regulatory acts and judicial decisions to protect human and civil rights and freedoms, and legitimate interests of legal entities.
• Gain competencies and abilities to represent state and individuals in front of domestic and international courts, as well as quasi-judicial bodies.

Course Contents

• Topic 1 – Introduction to PIL
• Topic 2 – Sources and Norms of PIL
• Topic 3 – State as a Subject of International Law
• Topic 4 – Law of Treaties
• Topic 5 – PIL and Municipal Law
• Topic 6 – International Organizations
• Topic 7 – Coercion and Responsibility in International Law
• Topic 8 – International Protection of Human Rights
• Topic 9 – Diplomatic and Consular Law
• Topic 10 – Prohibition of Threat and Use of Force. International Security Law
• Topic 11 – International Humanitarian Law
• Topic 12 – Peaceful Settlement of International Disputes
• Topic 13 – International Criminal Law
• Topic 14 – Law of the Sea
• Topic 15 – International Economic Law
• Topic 16 – International Environmental Law

Assessment Elements

• Classroom-based work
  Students will be evaluated on their performance during the seminars. Each student is expected to attend all seminars and be prepared on the topic of the seminar in advance. The students must study the assigned material. The knowledge of the students can be assessed in class through written tests (close and/or open questions), as well as on the ground of his/her active/inactive participation in class discussions.
• Home task
  A written memorial in the framework of a Moot court; team-work in small groups; max = 10 points.
• Colloquium
  Oral pleadings in the framework of the Moot court.
• Written test
  In class; in a written form. Three open questions (the use of additional materials is forbidden) and one case study (the use of additional legal sources, notes, and the Internet is allowed). Duration: 1 h 20 min.
• Oral exam
  Form of the exam: oral in the form of an interview on the whole syllabus without giving time for preparation of the answer (held in small groups).

Interim Assessment

• 2023/2024 4th module
  0.2 * Classroom-based work + 0.1 * Colloquium + 0.1 * Home task + 0.4 * Oral exam + 0.2 * Written test

Bibliography

Recommended Core Bibliography

• Shaw, M. N. (2008). International Law (Vol. 6th ed). Cambridge, UK: Cambridge eText. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=304677

Recommended Additional Bibliography

• Aspremont, J. d’. (2015). Epistemic Forces in International Law : Foundational Doctrines and Techniques of International Legal Argumentation. Cheltenham, UK: Edward Elgar Publishing. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=970454
• Koskenniemi, M., Rech, W., & Jiménez Fonseca, M. (2017). International Law and Empire : Historical Explorations (Vol. First edition). Oxford: OUP Oxford. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=1506334
• Morss, J. R. (2017). The Oxford Handbook of the Theory of International Law. Leiden Journal of International Law, 30(3), 793–797. https://doi.org/10.1017/S0922156517000255
• Roberts, A. (2011). Comparative International Law? The Role of National Courts in Creating and Enforcing International Law. International & Comparative Law Quarterly, 60(1), 57–92. https://doi.org/10.1017/S0020589310000679
• The Oxford Handbook on the Sources of International Law. (2017). Oxford University Press. https://doi.org/10.1093/law/9780198745365.001.0001