Course Syllabus of Zhongnan University of Economics and Law
Course Title: International Politics & Public Law | ||||
Course Code | 41063003 | Semester | 1 | |
Teaching Hours | 48 | Credits | 3 | |
Prerequisites | Jurisprudence, the civil law | |||
Instructor Information | ||||
Name | Yidan Lei | leiyidan@189.cn | ||
Institute | The law school | |||
Applicable Object | International Students | |||
Course Objectives |
The course aims to present a panorama of public international law, which covers principles and rules that govern the relations between States and the latter’s interactions with other international actors. The course is designed to give students a global understanding of the rules governing international relations and, ultimately, provide them with practical skills in legal reasoning and arguing, research and writing on international issues.
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Course Description (200 words) |
The course will start with an introduction to the international legal order, including a presentation of the specificities of international law as compared to domestic law. It will then focus on core areas of public international law which involve the following questions: Who are the actors in the international legal system and to whom does international law apply? How is international law created and where can it be found? What are the fundamental principles of public international law, besides the multitude of international rules, with a special focus on one of them, namely the prohibition of the use of force? Finally, in case of breaches of international rules, how does international law react to such breaches? The course is taught through lectures and in-class discussions, with an extensive reliance on primary materials (treaties, resolutions, official declarations, and decisions of international courts). The relevant materials are indicated for each topic in the course syllabus and compiled in a reading-brick. Students are required to read them carefully before coming to class. Additional readings are also suggested for students who wish to go further on topics of particular interest.
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Assessment Methods |
1.Full attendance—20 scores. ( absent: 3 times—zero) 2.Discussing and Lecture giving—30 scores. (excellent-30’; good-20’; average-10’;under-average-0’) 3.Memo writing—20 scores (excellent-20’; good-15’; average-10’;under-average-0’) 4. Final paper—30 scores. (excellent-30’ ;good-20’; average-10’;under-average-0’)
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Textbooks and References |
The main textbook used for the course is T. Hillier, Public international Law, Cavendish Publishing Limited, 1998. U. T. Buergenthal & S. Murphy, Public International Law, West Group, 2002. Martin Dixon, Cases & Materials on International Law, Oxford University Press, 2016.
Students may also consult www.icj-cij.org to access full texts of the judgments and advisory opinions of the International Court of Justice, www.un.org/documents for any official documents of the United Nations, and other useful websites listed in the course Blackboard page.
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Course planning | ||||
Chapter 1 Customary International Law |
Topic1: Article 38 Statute Of The International Court Of Justice 1945 Topic2: Customary International Law Topic 3: How to define customary internationa law North Sea Continental Shelf Cases Anglo-Norwegian Fisheries case,1951 Asylum Case Haya De La Torre (Colombia v. Peru)1950 Lotus Case
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Chapter 2 General principles of law | Topic1:Two-steps to indentify GPL Topic2: How to use GPL Right of Passage over Indian Territory (Portugal v. India): North Sea Continental Shelf case: how to use GPL South West Africa Advisory Opinion: how to use GPL
Topic 3: Other sources: Judicial decisions Resolutions of international organizations
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Chapter 3 The treaty of law | Topic1: Article 31 General Rule of Interpretation Topic2: 31.3(c) Systemic integration in treaty interpretation Topic 3: Iran-US Claims Tribunal Pope & Talbot Inc. v. Canada The Mox Plant Litigation Shrimp-Turtle and Beef Hormones in the WTO DSU ECHR: Al-Adsani_State Immunity and the Right to a Fair Trial Oil Platforms: ICJ Topics 4:Guidance to how to apply the Article 31(3)(c)
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Chapter 4 The relationship between international law and domestic law | Topic1: Introduction Topic2: The theoretical issue Topic 3: The practical issue Topic 4: Medellín v. Texas, 552 U.S. 491 (2008) Van Gend en Loos (ECJ,1962) Costa vs. ENEL (ECJ,1963)
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Chapter 5 Responsibility of International Law | Topic1: Draft Articles On The Origin Of State Responsibility Topic2: Caire Claim (1929) Corfu Channel case (1949) Yeager v Iran (1987) Military and Paramilitary Activities in and against Nicaragua case (1986) Youman’s Claim (1926) Mallen Claim (1927) Nottebohm case (1955) Barcelona Traction case (1970) Gabčíkovo-Nagymaros Project (Hungary/Slovakia)
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