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Public International Law 2017/2018

  • 6 ECTS
  • Taught in Portuguese
  • Both continuous and final Assessment

Objectives

The curricular unit is mainly aimed to develop skills such as of analysis, synthesis and critical evaluation. In addition, to complete the unit, students should be able to:
1. Define international law;
2. Describe the formation and evolution of international law;
3. Identify and describe the subject of international law;
4. Describe the sources of international law;
5. Recognize and distinguish peremptory and conventional standards;
6. Relate international law with the law of states;
7. Describe the purposes of international law

Recommended Prerequisites

None.

Teaching Metodology

A set of teaching and learning methods will be used, including lectures, the Socratic method (dialogue between teacher and student, in class, which leads to questions and answers to a dynamic learning process), the method case (study of judicial decisions that represent the dynamics of a particular branch of law or a particular theme or legal institution), and problem based learning (whose main tool is to analyze complex cases, real or hypothetical, involving legal and non legal elements).

Body of Work

I. OVERVIEW

II. INTERNATIONAL LAW'S HISTORY

III. THE SUBJECTS OF INTERNATIONAL PUBLIC LAW (IPL)

IV. IPL SOURCES

V. THE RULES OF INTERNATIONAL LAW

VI. THE RELATIONSHIP BETWEEN IPL AND NATIONAL LAWS

VII. PURPOSES OF INTERNATIONAL LAW

Recommended Bibliography

Direito internacional público - Paul Reuter ; trad. Maria Helena Capêlo Guimarães Publicação:Lisboa : Presença, [s.d.]

Direito internacional público - Wladimir Brito. Publicação: Coimbra : Coimbra Editora, 2.ªed. 2014. 668 p.

Direito internacional público - Nguyen Quoc Dinh, Patrick Daillier e Alain Pellet ; trad. [de] Vítor Marques Coelho; rev. [de] Mª Irene Gouveia e Filipe Delfim Santos Publicação:Lisboa : Fundação Calouste Gulbenkian, 1999.

Organização das Nações Unidas: www.un.org

Resoluções do conselho de Segurança http://www.brasil-cs-onu.com/secao/resolucoes/

TIJ http://www.icj-cij.org/

Complementary Bibliography

Manual de Direito Internacional Público, Joaquim da Silva Cunha; Maria da Assunção do Vale Pereira – Almedina - 2000.

Weekly Planning

THEORETICAL CLASSES
Week 1
Presentation. Bibliographical and methodological guidelines. Evaluation system and working classes.

Week 2
I. OVERVIEW
1. Conceptualization of Public International Law
2. International law and its areas
3. distinguishing characteristics of international law against the National Law

Week 3
4. The growing institutionalization of international law
5. Basis of International Law
6. Public International Law versus private international law?
7. Science of International Law

Week 4
II. International Law History
1. Introduction
2. remote Background
3. Middle Ages and "Respublica Christiana" (between the fifth and fifteenth centuries)

Week 5
4. The transit to Modernity (The Birth of Science of International Relations) 1453-1789
5. Contemporary International Law
5.1 The emergence of International Organizations of the General Regulation
5.2 The great mutation 1939-1945
6. A "new" international law

Week 6
III. INTERNATIONAL PUBLIC LAW SUBJECTS
1. Notions and classification of subjects
1.1. Classical theory
1.2. Individualistic theory
1.3. Heteropersonalista theory
1.4. The question of recognition

Week 7
2. The sovereign state
2.1. The state elements
2.2. International personality - requirements and consequences
2.3. Sovereignty, recognition and self-determination
2.4. The international responsibility

3. The individual
3.1. Doctrinal controversy
3.2. The individual as an autonomous subject
3.3. International rights and responsibilities
3.3. International personality and international crimes

Week 8
4. International organizations
4.1. Historical evolution and legal personality
4.2. Classification, composition and powers
4.3. Non-governmental international organizations
4.4. International governmental organizations
4.4.1. The United Nations

5. Other Public International Law subject
5.1. The Holy See
5.2. Belligerents
5.3. Insurgentes
5.4. Nations struggle for sovereignty
5.5. Companies (BINGO)

Week 9
IV. DIP SOURCES
1. Introduction
2. material and formal sources
3. Role of sources
4. Article 38 of ETIJ (Analysis and Critical)
5. Hierarchy of sources of DIP?
6. Ius Cogens
7. Treaties

Week 10
8. General Principles of Law
9. International Costume
10. Acts unilateral
11. Equity
12. Doctrine and Jurisprudence

Week 11
V. THE RULES OF INTERNATIONAL LAW
1. Introduction
2. peremptory norms
3. conventional norms - the Law of Treaties
4. Soft Law

Week 12
SAW. THE RELATIONSHIP BETWEEN PUBLIC AND INTERNATIONAL LAW NATIONAL LAW
1. THE DOCTRINE ON THE DUALISM And MONISM
1.1.DUALISMO
1.2. MONISM
The. MONISM with rule of Domestic Law
B. MONISM with primacy of international law
c. MONISM RADICAL
d. MONISM mitigated
2. THE DOCTRINE OF DOMINANT

Week 13
3. RIGHT OF RELEVANT INTERNATIONAL ORDER INTERNAL in PORTUGUESE
3.1. HISTORICAL RECENT DEVELOPMENTS
3.2. TO THE 1933 CONSTITUTION
3.3. BETWEEN THE CONSTITUTIONS OF 1933 AND 1971
3.4. AFTER REVISION OF THE CONSTITUTION OF 1971, TO 1976
3.5. AFTER THE REPUBLIC OF CONSTITUTION OF PORTUGUESE 1976

4. Article 8 Analysis

Week 14
VII. PURPOSES OF INTERNATIONAL LAW
1. International peace and security
1.1. The use of force in international law
1.2. Dispute resolution, sanctions and the International Court of Justice
1.3. The Law of Armed Conlflito

Week 15
2. International Humanitarian Law
2.1. Introduction
2.2. The origins of international humanitarian law
2.3. Human Rights
2.4. The protection granted to specific groups

PRACTICAL CLASSES

Week 1
Course opening. Presentation of the discipline. Exhibition on the following methodology. Bibliographical statement. The notion, branches and characteristics of international law - discussion of ideas.

Week 2
Subjects of International Law: analysis of texts for discussion.

Week 3
Subjects of International Law: practical work of research case studies.

Week 4
Sources of International Law: analysis of texts for discussion and practical work of research case studies (ICJ).

Week 5
Aggression, the Use of Force by States and Responsibility of States for International Wrongful Acts: analysis of texts for discussion and practical work of research case studies (ICJ).

Week 6
International Humanitarian Law: analysis of texts for discussion and practical work of research case studies (ICJ).

Week 7
Law of the Sea: analysis of texts for discussion and practical work of research case studies (ICJ and ITLOS).

Week 8
International Law Moot Court Competition - Last-Sixteen

Week 9
International Law Moot Court Competition - Quarter-Finals

Week 10
International Law Moot Court Competition - Semi-Final

Week 11
International Law Moot Court Competition - Final

Week 12
Presentation of individual work on Aggression, the Use of Force by States and Responsibility of States for International Wrongful Acts

Week 13
Presentation of individual work on Law of the Sea, Humanitarian Law and Terrorism as an International Crime

Week 14
Reviews

Demonstration of the syllabus coherence with the curricular unit's objectives

The 1st goal "set international law" is achieved through the study of Chapter I.
The 2nd objective "to describe the formation and evolution of international law" can be reached with the contents of Chapter II.
  The 3rd goal "Identify and describe the subject of international law" is achieved through the Chapter III study.
The 4th goal "Describe the sources of international law" is achieved through the Chapter IV study.
The 5th goal "recognize and distinguish peremptory and conventional norms" carried out by the study of Chapter V.
The 6th goal "relate international law with the law of the states" abide by the analysis of Chapter VI.
The 7th goal "describing the purposes of international law" is obtained by Chapter VII study.

Demonstration of the teaching methodologies coherence with the curricular unit's objectives

For all learning objectives is used the lecture method with brainstorming and well-founded opinion of expression. In addition, for certain themes and objectives are specific teaching methods used, such as the Socratic method, case studies and problem based learning as the most effective and appropriate way to achieve the goals outlined above. So: Goal 1 - Definition of international law: essentially Lectures. Goal 2 - Describe the formation and evolution of international law: essentially Lectures and Socratic method. Objectives 3-7: Lecture exhibition, Case Study and Problem Based Learning.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYesYes
Ethical and responsible behaviourYesYes
Problem-solvingYesYes
Written and verbal communications skillsYesYes
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