Public International Law

The course will include, inter alia, the following topics:

- subjects of public international law

- structure of public international law

- law of international treaties

- development of international legal rules within the framework of international organizations

- the role of the international courts and international arbitration in interpretation of international legal rules

- jurisdiction in international law

- the relationship between international law and national law

- review of tools for economic analysis of international legal rules

The course aims to provide the students with understanding of the system of formal sources of public international law, the political and economic factors of development of international legal rules, as well as of the practical application of international legal rules in various spheres of international relations, such as international negotiation process, international trade in goods and services, intellectual property rights, food safety and the protection of environment, health protection, international security, protection of victims of war, etc.

Topic 1. Definition and history of international law

Lecture - 2 hours. Seminar - 2 hours. Maximum score for the seminar class – 8 points.

Jus gentium. International law in the middle ages. The Peace of Westphalia. The Congress of Vienna. Paris Peace Treaties of 1919. World War II and the contemporary international law. The functions of the contemporary international law.

Topic 2. Sources of public international law

Lecture - 2 hours. Seminar - 2 hours. Maximum score for the seminar class – 8 points.

The concepts of the source of law. International custom. International treaty. General principles of law. The concept of the precedent, “strong precedent”. The role of doctrine, precedent and national legislation.

Topic 3. Subjects of public international law

Lecture - 2 hours. Seminar - 2 hours. Maximum score for the seminar class – 8 points.

Legal personality. The concept of a juridical person. Sovereignty and subjects of international law. Recognition of states and governments. International intergovernmental organizations as subjects of public international law. Natural persons in public international law.

Topic 4. International intergovernmental organizations: institutional law, treaty making and dispute settlement. Relationship between international law and national law. Jurisdiction and immunity. International adjudication and international responsibility

Lecture - 2 hours. Seminar - 2 hours. Maximum score for the seminar class – 9 points.

How international intergovernmental organizations operate? What functions of these organizations facilitate the development of new international agreements? Is dispute settlement more efficient if done under the auspices of international organizations?

Historical development of concepts of relationship between international law and national law. Monism. Dualism. Sovereignty and equality of states. Jurisdictional competence. Privileges and immunities of foreign states. Recognition and enforcement of foreign arbitral awards and state immunity. Multilateralism and the binding nature of international legal rules. Proliferation of international courts and arbitration institutions in the XXI century. WTO dispute settlement crisis. International politics versus international adjudication. The Court of Justice of the European Union. Slovak Republic v. Achmea B.V. (Case C-284/16).

Topic 5. Territory in international law. International law of the sea

Lecture - 2 hours. Seminar - 2 hours. Maximum score for the seminar class – 9 points.

The concept of territory in international law. Territorial sovereignty. New states and title to territory. The acquisition of additional territory. Boundary treaties and boundary awards. Accretion. Cession. Conquest and the use of force. The exercise of effective control. Critical date. The role of subsequent conduct: recognition, acquiescence and estoppel. Leases and servitudes.

Internal waters. Baselines. Archipelagic states. The width of the territorial sea. Delimitation of the territorial sea between states with opposite or adjacent coasts. The juridical nature of the territorial sea. The right of innocent passage. Jurisdiction over foreign ships. International straits.

The contiguous zone. The exclusive economic zone. The continental shelf.

The high seas. Hot pursuit. The international seabed.

Topic 6. International law of human rights. International humanitarian law

Lecture - 2 hours. Seminar - 2 hours. Maximum score for the seminar class – 9 points.

Universal system of protection of human rights. Regional systems of protection of human rights. European Convention on Human Rights and European Court of Human Rights. The European Convention for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment. The Council of Europe Framework Convention for the Protection of National Minorities.

The scope of protection under the Geneva Conventions system. Armed conflicts: international and internal. Enforcement of international humanitarian law. Combatants and non-combatants, methods and means of combat, protection of civilians, protection of the wounded and sick, protection of prisoners of war, protection of cultural property, human rights in armed conflict.

Topic 7. International environmental law

Lecture - 2 hours. Seminar - 2 hours. Maximum score for the seminar class – 9 points.

State responsibility and the environment. Conceptual pillars of international environmental law: harm prevention, sustainable development, precaution, differentiation, equity, public participation, good faith. Liability for damage caused by private persons. Prevention of transboundary harm from hazardous activities. Atmospheric pollution. Ozone depletion and global warming. Pollution from ships.

Topic 1. Definition and history of international law

● The Oxford handbook of the history of international law (2014). ed. by Bardo Fassbender and Anne Peters; ass. eds Simone Peter, Daniel Högger. Oxford: Oxford University Press.

Part I.3, p.71-95: Peace Treaties and the Formation of International Law

Part IV, p. 605-699: Europe

Part VI,

p.1086-1102: Francisco de Vitoria and Francisco Suárez, Alberico Gentili, Hugo Grotius

1118-1122: Emer de Vattel

1152-1156: Lassa Oppenheim

1167-1173: Hans Kelsen

1179-1185: Hersch Lauterpacht

● Malcolm N. Shaw (2021), International Law. 9th edition, Essex Court Chambers/Lauterpacht Centre for International Law, University of Cambridge. p.1-57 (1. The Nature and Development of International Law, 2. International Law Today)

Topic 2. Sources of public international law

● James R. Crawford (2012), Brownlie’s principles of public international law. Oxford University Press, 8th edition. Part I. 2, p. 20-47 (The Sources of International Law)

● Malcolm N. Shaw (2021), International Law. 9th edition, Essex Court Chambers/Lauterpacht Centre for International Law, University of Cambridge, p. 58-109 (3. Sources), 787-833 (15. The Law of Treaties)

Topic 3. Subjects of public international law

● James R. Crawford (2012), Brownlie’s principles of public international law. Oxford University Press, 8th edition. Part II, p. 115-202 (Personality and Recognition)

● Malcolm N. Shaw (2021), International Law. 9th edition, Essex Court Chambers/Lauterpacht Centre for International Law, University of Cambridge, p. 179-241 (4. The Subjects of International Law)

● Robert Kolb, Theory of international law (2019). Oxford: Hart Publishing, 2019. Section 3. Subjects of International Law

Topic 4. International intergovernmental organizations: institutional law, treaty making and dispute settlement. Relationship between international law and national law. Jurisdiction and immunity. International adjudication and international responsibility

● Jose E. Alvarez, International Organizations as Law Makers (2005). Oxford University Press. Chapter 4 (p.184-257). Chapter 5 (p. 273-337)

● Malcolm N. Shaw (2021), International Law. 9th edition, Essex Court Chambers/Lauterpacht Centre for International Law, University of Cambridge, p. 1133-1176 (22. International Organizations)

● James R. Crawford (2012), Brownlie’s principles of public international law. Oxford University Press, 8th edition, 2012. Part VII, p. 447-508 (State Jurisdiction), Part IX, p.539-606 (The Law of Responsibility)

● Malcolm N. Shaw (2021), International Law. 9th edition, Essex Court Chambers/Lauterpacht Centre for International Law, University of Cambridge, p.110-178 (4. International Law and Municipal Law), p. 555-738 (11. Jurisdiction, 12. Immunities from Jurisdiction, 13. State Responsibility), p. 879-923 (17. The Settlement of Disputes by Peaceful Means), p. 924-982 (18. The International Court of Justice)

Additional sources on Topic 4 (recommended, but not required):

● Jan Klabbers, An introduction to international organizations law (2015). Cambridge: Cambridge University Press

● The Oxford handbook of international adjudication (2015) / editors Cesare P.R. Romano, Karen J. Alter, Yuval Shany. Oxford; New York: Oxford University Press, 2015. Part I, Chapter 1, p. 3-26, Part II, Chapter 4, p.63-89, Part IV, Chapter 20, p.437-463, Chapter 21, p.464-482, Chapter 23, p.503-522

● Odile Ammann, Domestic courts and the interpretation of international law: methods and reasoning based on the Swiss example (2020). Leiden; Boston: Brill Nijhoff

● Adrian Briggs, Agreements on jurisdiction and choice of law (2008). Oxford: Oxford University Press

Topic 5. Territory in international law. International law of the sea

● Malcolm N. Shaw (2021), International Law. 9th edition, Essex Court Chambers/Lauterpacht Centre for International Law, University of Cambridge, p. 416-554 (9. Territory, 10. The Law of the Sea)

Additional sources on Topic 5 (recommended, but not required):

● The Oxford Handbook of the Law of the Sea (2017). Edited by Donald R. Rothwell, Alex G. Oude Elferink, Karen N. Scott, Tim Stephens. Oxford, New York: Oxford University Press

● Thomas D. Grant, Aggression against Ukraine: territory, responsibility, and international law (2015). New York: Palgrave Macmillan.

Topic 6. International law of human rights. International humanitarian law

● Malcolm N. Shaw (2021), International Law. 9th edition, Essex Court Chambers/Lauterpacht Centre for International Law, University of Cambridge, p.242-328 (6. The International Protection of Human Rights), p.1030-1069 (20. International Humanitarian Law)

● James R. Crawford (2012), Brownlie’s principles of public international law. Oxford University Press, 8th edition. Part X.29, p.634-670 (International Human Rights), Part X.30, p. 671-692 (International Criminal Justice)

Additional source on Topic 6 (recommended, but not required):

● The Handbook of International Humanitarian Law. Fourth edition (2021) / ed. by Dieter Fleck. Oxford: Oxford University Press

Topic 7. International environmental law

● Malcolm N. Shaw (2021), International Law. 9th edition, Essex Court Chambers/Lauterpacht Centre for International Law, University of Cambridge, p. 739-786 (14. International Environmental Law)

Additional source on Topic 7 (recommended, but not required):

● The Oxford handbook of international environmental law (2021) / ed. by Lavanya Rajamani and Jacqueline Peel. Oxford; Oxford University Press.

The course aims to provide the students with understanding of the system of formal sources of public international law, the political and economic factors of development of international legal rules, as well as of the practical application of international legal rules in various spheres of international relations, such as international negotiation process, international trade in goods and services, intellectual property rights, food safety and the protection of environment, health protection, international security, protection of victims of war, etc.

Criteria of assessment

Oral presentations at the seminars - maximum total score is 60 points

Written final test - maximum score is 40 points

In seminars students are expected to be able to make a brief oral statement on any issue included in the topic of the seminar.

The final number of points on the 100 points scale is converted into the protocol scale as follows:

100 points scale Protocol scale

96-100 5!

90-95 5

82-89 4,5

75-81 4

68-74 3,5

60-67 3

0-59 2