Public International Law

obligatory courses

Classroom

Introduction to basic concepts of public international law – the nature of this branch of law, its sources, subjects, and responsibility for breach of international norms.

Winter semester

1-2. Introduction to public international law – definitions, functions, characteristics of international system, special nature of public international law norms.

3. Public international law – general concepts. Classification of sources of public international law, especially in the light of Article 38 of the International Court of Justice.

4-5. Treaty – detailed concepts. Conclusion of a treaty. Ratification and acceptance. Application. Validity. Content and interpretation of treaties.

6. International custom – definition, practice and nature of opinio iuris. Global and regional customs.

1. Resolutions of international organizations, their types and legal force. Examples of particular resolutions, including in the works of the UN.

2. Unilateral acts as a source of public international law. Types of unilateral acts. Criteria of their differentiation.

3. International law and domestic law. Monism and dualism. Application of international law in domestic orders.

4. Subjects of public international law – general concepts.

Characteristics of public international law personality. Types of subjects: State, international organizations, Vatican, Sovereign Military Order of Malta, non-sovereign territorial organizations, so called imperfect subjects of public international law.

11-12. State as a primary subject of public international law – definition. Creation and collapse of a State. Continuation and succession on example of the USSR and other States. Types of States, nature of sovereign equality of States. Types of recognition, de iure and de facto recognition of a State on international arena, significance of recognition of States.

13. Subjects of public international law different than States, and especially international organizations. Definition of international organization. Examples of international organizations. Difference between international organization and NGO.

14. Natural and legal persons as subjects of public international law – analysis of rights and obligations.

15. International responsibility of states for violation of public international law norms as well as international liability for harmful consequences of allowed activity.

Spring semester

1-2. State’s territory – acquisition, loss, superiority, borders. Legal status of rivers and channel as well as polar areas.

3-4. Law of the Sea – maritime areas, their delimitation: internal waters, archipelagic waters, territorial sea, contiguous zone, fishing zone, exclusive economic zone, continental shelf. High Seas and the Area. Freedoms of the High Seas. Status of ships, international cooperation in exploitation of maritime areas.

5. International aviation and cosmic law – civil-law and criminal-law concepts. Freedoms of civil aviation.

6-7. State’s population – citizenship, aliens, international movement of persons. Extradition and asylum. Human rights, including the case-law of the European Court of Human Right.

8-9. Diplomatic and consular law. Concept and sources of diplomatic and consular law. Engagement in diplomatic and consular relations. Diplomatic and consular functions. Organization of diplomatic mission and consulate. Privileges and immunities of diplomatic and consular personnel. Diplomatic ranks in Polish Foreign Service. Diplomatic protocol.

10-12. International organizations. The United Nations (detailed analysis of the UN Charter). Internal bodies of the UN: Security Council, General Assembly, Secretariat, others. Resolutions of internal bodies of the UN. Specialized organizations of the UN System. Regional military and economic organizations.

13. Peaceful settlement of international disputes. Types of peaceful settlement of international disputes. The role of diplomatic procedures (negotiations) and judicial procedures, especially of the International Court of Justice (ICJ). Composition of the ICJ, including the election of judges. The ICJ’s jurisdiction. Proceedings before the ICJ.

14. Anti-war law with special emphasis on definition of aggression as well as principles of common security. Application of rules of Chapter VII of the UN Charter.

15. International humanitarian law. Definition of a combatant and a prisoner of war (POW). Analysis of the first, the second, the third and the fourths of the Geneva Conventions of 1949. The Role of the International Committee of the Red Cross.

1. R. Bierzanek, J. Symonides, „Prawo międzynarodowe publiczne”, Warszawa, 2004.

2. W. Czapliński, A. Wyrozumska, „Prawo międzynarodowe publiczne. Zagadnienia systemowe”, Warszawa, 2004

3. A. Przyborowska-Klimczak (oprac.), „Prawo międzynarodowe publiczne. Wybór dokumentów”, Lublin, 2004.

4. L. Oppenheim, International Law, Longmans 7th ed.

5. I. Bronwlie, Principles of Public International Law, Oxford 5th ed.

Lecture in public international law should encourage students:

1) to learn and characterize basic concepts of public international law as well as to learn of states practice in application of this law.

2) to prepare to final exam in public international law.

Classes in public international law should encourage students:

1) to systematize issues presented during the lecture;

2) to learn in detail issues presented during the lecture;

3) to learn issues not covered by the lecture,

4) to learn states’ and international organizations’ practice in application of public international law,

5) to learn jurisprudence of international tribunals, and in particular of International Court of Justice .

Seminar in public international law should encourage students:

1) to enlarge their knowledge in this subject,

2) to familiarize students with methodology of preparation of dissertation,

3) determine topic and then the final title of dissertation,

4) prepare draft and then the final version of dissertation,

5) to prepare a student to the final exam,