41063002--International law and Its Practice in China

发布时间:2023-09-20浏览次数:63

Course Syllabus of Zhongnan University of Economics and Law


Course Title: International law and Its Practice in China

Course Code

41063002

Semester

1

Teaching Hours

48

Credits

3

Prerequisites

None

Instructor Information

Name

Jiang He

Email

jianghe@zuel.edu.cn

Institute

ZNUEL, International Education School

Applicable Object

International Students

Course Objectives

The principal objective of this course is to provide the candidates with a thorough understanding of concept, nature, general principles and major institutions of public international law. This course will also develop the analytical, critical and evaluative skills of candidates in the area of the role, scope and operation of law in international affairs as well as introduce them to the logic and method of international legal argument.

Course Description

(200 words)

This course begins with an introduction to the concept, nature and evolution of public international law and explores its function and relevant competing perspectives in the general theories of international law. Before going on to consider the fundamental principles of the international legal system, candidates will be introduced to the sources of public international law (custom, treaties and other sources) as well as the relationship between domestic law and international law, both of which can contribute to the further understanding of the characteristics of international law. The principles of international law more generally govern the relations between the international legal entities such as states and international organizations. The selected and specialized fields covered by this include international space law, international environmental law, diplomatic and consular law, treaty law, international trade law and dispute settlement & responding to breaches of international law.

Assessment Methods

Class presence                                                     20%

This assessment is subject to the attendance requirements.

Participation in class discussions                        20%

Participation marks are based on a student’s contribution to class discussions. Marks reflect the quality and the quantity of a student’s participation. In preparation for the weekly seminar, students are expected to do the assigned readings.

Paper writing                                                       60%

Textbooks and References

Mark W. Janis, An Introduction to International Law

Rebecca M.M. Wallace, International Law (the fourth Edition)

Louis Henkin, International Law: Politics and Values

Oscar Schachter, International Law in Theory and Practice

D.J.Harris, Cases and Materials on International Law

Eric Heinze Malgosia Fitzmaurice, Landmark Cases in Public International Law

Rosalyn Higgins, Problems and Process: International Law and How We Use it?

Course planning

Chapter 1

History and China

Topic1: Introduction to Int Law

Topic2: China and international law

Topic3: Chinese culture or religions

Topic4: Introduction to and practice of international law

Chapter 2

Basic principles of international law

Topic1: Introduction to the basic principle of international law

Topic2: The UN Charter and Principles of international law

Topic3: The five principles of peaceful co-existence

Topic4: On the respective principle of modern international law

Chapter 3

Law of the sea

Topic1: Introduction to law of the sea

Topic2: History of the law of the sea

Topic3: National practice of the law of the sea

Topic4: China’s marine disputes

Chapter 4

Treaty law

Topic1: Introduction to treaty law

Topic2: Conclusion and entry into force of treaties

Topic3: Reservation of treaties

Topic4: The effects of treaties

Topic5: Treaty interpretation

Topic6: Invalidity of treaties

Topic7: Termination of, suspension of and withdrawal from treaties

Chapter 5

International human rights

Topic1: Introduction to human rights

Topic2: Legal system of human rights

Topic3: Regional system of human rights

Topic4: China’s policy of HR protection

Topic5: Case study in human rights

Chapter 6

Priviledge and immunity

Topic1: Introduction to diplomatic and consular law

Topic2: A comparison of diplomatic and consular relations

Topic3: China's theory and practice in related fields

Chapter 7

State's responsibility

Topic1: Introduction

Topic2: Imputability

Topic3: International crimes

Chapter 8

International environmental law

Topic1: Introduction to international environmental law

Topic2: Legal system for marine pollution control

Topic3: Legal system of space environment

Topic4: Legal system for the protection of biodiversity and world heritage

Chapter 9

Values of international law

Topic1: Introduction to legal values

Topic2: Law and justice

Topic3: Law and order

Topic4: Law and liberty

Topic5: Law and equality

Topic6: Law and efficiency

Chapter 10

Criminal law and judicial assistance

Topic1: Introduction

Topic2: Characteristics of international judicial assistance in criminal matters

Topic3: Principles of international judicial assistance in criminal matters

Chapter 11

International anti-terrorist law

Topic1: International terrorism and anti-terrorist law

Topic2: Fundamental principles of international anti-terrorist law

Topic3: The legislative status of international anti-terrorist law

Chapter 12

International judiciary

Topic1: Theoretical basis

Topic2: Operating principles

Topic3: Current situation and development trends

Topic4: China and International judicial institutions