Public International Law (2225.YR.013010.2)
General information
Type: |
OBL |
Curs: |
2 |
Period: |
S semester |
ECTS Credits: |
4 ECTS |
Teaching Staff:
| Group |
Teacher |
Department |
Language |
| Year 2 |
Miquel Montañá Mora |
Derecho |
ENG |
Prerequisites
All students from the programme are welcome. A good command of English is necessary.
I will suppose that all students have a basic knowledge of governance theories and international relations based on previous courses. Reading a - serious - daily newspaper, especially the European and international sections, is a prerequisite for the course as we will also discuss current affairs, if possible.
Previous Knowledge
A previous knowledge of international affairs, international organizations and the role of norms in international relations is welcome but not strictly necessary.
Workload distribution
Lectures / Participatory Activities: 45-50% approx.
Independent work: 50-55% approx.
COURSE CONTRIBUTION TO PROGRAM
Public International Law (PIL), the system of supranational legal rules, is a central pillar to constitute and maintain international order. The course is an introduction to PIL with references to international relations theory. We will start with a short overview over the historical development and look closer at the following topics: actors and subjects, rule making processes and subject areas of international legal regulation.
Course Learning Objectives
After the course, students should be able to
- explain the basic structure of the international legal system and the basic concepts of international law and international relations;
- recognise the different underlying concepts and perspectives when reading text books and cases;
- critically analyse different perspectives on international law and their influence on how we perceive actors, rule making and subject matters;
- organise and adapt their arguments in a discussion and be able to independently analyse cases in light of international law.
CONTENT
1. Historical Overview and Nature of International Law - Law and Governance beyond the State |
2. Subjects of International Law - The State |
3. Subjects of International Law - International Organizations and other subjects |
4. Immunities and Privileges |
5. International Law-Making - Custom and general principles |
6. Law of Treaties I |
7. Law of Treaties II, Unilateral Acts, Relation between International and Municipal Law |
8. International Public Law and/or Global Administrative Law (Governance approaches) |
9. Peaceful Settlement of Disputes |
10. Responsibility of States for Internationally Wrongful Acts |
11. International Law and the Use of Force |
12. Rights and Duties of Individuals and International Criminal Responsibility |
Relation between Activities and Contents
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| Case Analysis / Studies |
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| Problem-based Learning |
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| Lectures |
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| Class Participation |
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| Debate |
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| Independent work |
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| Student Presentations |
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| Reading/Commenting on Readings |
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| Assessments |
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| Team work |
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| Final Exam |
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Methodology
Class sessions will consist of lectures, debates (with the entire class and within smaller groups) and assignments. The sessions will be devoted to learning, challenging and applying the different aspects and concepts of public international law presented during the course. Analysis of cases will give you the opportunity of applying the concepts to real world situations and will allow you to test your understanding and knowledge with other class members.
ASSESSMENT
ASSESSMENT BREAKDOWN
| Description |
% |
| Class Participation |
20 |
| Assessments |
40 |
| Final Exam |
40 |
Assessment criteria
Evaluation of student work will be weighed in the following manner:
Attendance and active class participation 20%
Continuous Assessments, weekly tests and in-class activities 40%
Final Exam 40 %
Students need to achieve at least a grade of 4 out of 10 points in the final exam in order to pass the course.
Late submissions of assignments will not be accepted, unless an exception has been requested and granted before the deadline.
Students can participate in the final exam only if they have attended at least 80% of classes. The resit exam requires a attendance of at least 50% of classes.
In case students cannot attend a class, they must inform the Programme Direction and the professor by email in advance and provide the necessary justification (e.g. medical certificate). Accepted reasons for class absence include illness, major life events (e.g. births and deaths), ESADE activities for which the student has the written approval from the Program Direction.
Other events that can be scheduled at another time (e.g. personal trips, job interviews, doctor's appointments, driver's licence test etc.) will not be accepted as a justified reasons of absence.
In case of unforeseen events that affect the teaching activities, the teaching schedule and the teaching guide may be modified to address the situation.
Bibliography
Jan Klabbers, International Law (3rd edn, Cambridge University Press 2020).
Malcolm N. Shaw, International Law (9th edn, Cambridge University Press 2021).
Cecily Rose, An Introduction to Public International Law (Cambridge University Press, 2022).
Thomas Buergenthal and Sean Murphy, Public International Law in a Nutshell (6th edn, West Academic Publishing 2018).
Timetable and sections
| Group |
Teacher |
Department |
| Year 2 |
Miquel Montañá Mora |
Derecho |
Timetable Year 2
