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Бакалавриат 2022/2023

Международное публичное право

Лучший по критерию «Полезность курса для расширения кругозора и разностороннего развития»
Лучший по критерию «Новизна полученных знаний»
Статус: Курс обязательный (Юриспруденция)
Направление: 40.03.01. Юриспруденция
Когда читается: 2-й курс, 3, 4 модуль
Формат изучения: с онлайн-курсом
Онлайн-часы: 8
Охват аудитории: для всех кампусов НИУ ВШЭ
Преподаватели: Кузнецов Дмитрий Александрович, Таланов Владимир Владимирович, Шушунова Елизавета Васильевна
Язык: английский
Кредиты: 5
Контактные часы: 102

Course Syllabus

Abstract

The course provides an overview of the major issues of modern Public International Law. This course serves an introduction to Public International Law and the international legal system. The course covers the traditional major topics in this field such as the sources and principles, subjects of international law, the territory and jurisdiction of states, the use of force, international organizations and international treaty law. It also covers fresher aspects of Public International Law, such as human rights protection, international criminal law and international environmental law. The course puts particular emphasis on the jurisprudence of international courts and tribunals and the issues of relationship between international and domestic law in Russia. Following the successful completion of the course, the student shall obtain the following skills and knowledge: ability to apply the rules of international legal rules and plead the case before national courts with understanding of the position of international law in municipal legal systems; ability to provide a reasoned and concise legal advice on the given cases in the field; ability to deal with the constructed moot situations and cases, develop the solutions.
Learning Objectives

Learning Objectives

  • interpreting and applying sources of international law
  • interpreting and applying the findings of international courts and tribunals
  • identifying internationally wrongful acts and determination of the order of international responsibility of states
Expected Learning Outcomes

Expected Learning Outcomes

  • Skills of students to interpret and apply the WTO agreements developed.
  • Skills of students to interpret and apply the findings of the international courts and tribunals developed.
  • Skills of students to formulate the position of national authorities in international disputes developed.
  • Skills of students to reveal and propose the resolutions of related legal risks developed.
  • Understanding of the basic terminology and architecture of public international law developed.
  • Skills of students to identify and ascertain the meaning of the sources of international law developed.
Course Contents

Course Contents

  • 1. Introduction to the International Legal Order
  • 2.Sources of International Law
  • 3.Fundamental Principles of International Law
  • 4.Subjects of International Law
  • 5.International Law and Domestic Legal Order
  • 6.Territory in International Law
  • 7.Diplomatic and Consular Law
  • 8.International Rules on the Use of Force
  • 9.Law of Treaties
  • 10.International Human Rights Protection and the matters of Citizenship
  • 11.International Organizations
  • 12.Peaceful Settlement of Disputes
  • 13.International Humanitarian Law
  • 14.Responsibility for Internationally Wrongful Acts
  • 15.International Criminal Law
  • 16.The Law of the Sea
  • 17.International Environmental Law
  • 18.International Air Law
Assessment Elements

Assessment Elements

  • non-blocking Written exam
    The exam consists of two components – the basic part and the specific part. The basic part takes form of a test of 10 multiple choice questions with at least 4 answer options for each. The test is aimed at checking the student’s knowledge and understanding of the basic provisions of public international law and ensuring the validity of the grade for the exam as a whole. If the number of correct answers (correct answer options indicated by a student) is less than 4 (i.e. 7 or more incorrect answers), the specific part of the exam is not subject to review and assessment, and 1 point is awarded for the exam as a whole. The basic part of the exam is closed book; students could not use any materials or devices. The duration of the basic part of the exam is 15 minutes. The specific part of the exam takes form of a resolution of a practical case based on the material covered in class and during self-study. Students need to demonstrate the knowledge of public international law and jurisprudence, as well as demonstrate the skills of argumentation. The specific part of the exam is closed book; students could not use any materials or devices. The duration of the specific part of the exam is 50 minutes.
  • non-blocking In-class written assessment
    In-class written assessment takes form a resolution of a practical case, based on the material covered in class and during self-study. The in-class written assessment is closed book; students could not use any materials or devices. The duration of the assessment is 45 minutes.
  • non-blocking In-class online discipline written test
    Written test takes form of a test of 10 multiple choice questions with at least 4 answer options for each. The test is aimed at checking the student’s knowledge and understanding the material addressed in the online course. The number of correct answers (correct answer options indicated by a student) is equal to the grade for the test. The test is closed book; students could not use any materials or devices. The duration of the assessment is 15 minutes.
  • non-blocking In-class participation
    For active work in class (resolving problems, participating in discussions) and demonstrating due preparation for the classes, positively assessed by the tutor, a student can receive up to 10 points for all seminars preceding the exam in total. In case of insufficient student activity in seminars, the student accordingly receives 0 points. If a student is absent at more than 20% of classes, 0 points are awarded for in-class participation. The in-class participation grade received by the student is announced to him at the last tutorial and is taken into account in the calculation the resulting and final grade for the discipline.
Interim Assessment

Interim Assessment

  • 2022/2023 4th module
    The final grade for the course consists of four components: grade for the in-class written assignment, grade for the in-class online discipline written test, grade for in-class participation and grade for the written exam under the following formula: Gf = 0, 1* Gwp1 + 0, 1 * Gwp2 + 0, 1 * Gwp3 + 0, 7 * Ge with: Gf – final grade for the course (10 points maximum), Gwp1 – grade for in-class written assignment (10 points maximum), Gwp2 – grade for the in-class online discipline written test (10 points maximum), Gwp2 – grade for the in-class active work (10 points maximum), Ge - grade for the written exam (10 points maximum)
Bibliography

Bibliography

Recommended Core Bibliography

  • Nollkaemper, A. (2011). National Courts and the International Rule of Law. Oxford: OUP Premium. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=438467
  • The Oxford handbook of international law in armed conflict / edited by Andrew Clapham; Paola Gaeta. (2014). Oxford: Oxford University Press [u.a.]. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edswao&AN=edswao.384692141

Recommended Additional Bibliography

  • Brownlie, I. (2015). International law and the use of force by States. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsbas&AN=edsbas.4C6BEAD4
  • The Oxford Handbook on the Sources of International Law. (2017). Oxford University Press. https://doi.org/10.1093/law/9780198745365.001.0001

Authors

  • SHUSHUNOVA ELIZAVETA VASILEVNA
  • BALATSYUK ELIZAVETA SERGEEVNA