Public International Law

2023/2024

Учебный год

ENG

Обучение ведется на английском языке

6

Кредиты

Кто читает:

Кафедра конституционного и административного права (Санкт-Петербург) (Юридический факультет (Санкт-Петербург))

Статус:

Курс обязательный

Когда читается:

2-й курс, 3, 4 модуль

Преподаватели

Таланов Владимир Владимирович

Ултургашев Павел Юрьевич

Шушунова Елизавета Васильевна

Course Syllabus

Abstract

The course is aimed at developing in-depth professional knowledge about the nature and features of public law regulation using the example of norms and institutions of public International law. As a result of studying the discipline, students should know the content of discussions about the basic concepts, principles and institutions of private international law; current problems of the theory and practice of private international law, possible ways to resolve them; trends and patterns in the development of modern private international law and the practice of its application.; the permissibility of the reception of conflict-of-laws rules and approaches from foreign legal systems and their impact on the development of private international law in Russia; features of judicial interpretation of current legislation in the field of private international law at the present stage. Be able to conduct scientific polemics on the main issues of the theory and practice of private international law; independently analyze the essence of legal norms, use all sources of private international law and appropriate types and methods of interpretation for the purpose of adequate qualification of relations complicated by a foreign element; in practical classes, for the purpose of effectively resolving incidents, identify from among the information provided circumstances that are legally relevant for a proper legal assessment of the actual situation, exhaustively identify the range of legal problems raised in a particular task, assess the rights and obligations of the subjects of disputed legal relations, draw the right conclusions about the scope of their claims and objections, form necessary and sufficient answers to the questions raised to resolve the dispute, to conduct a polemic. This practice will allow the student to learn how to present his vision of a particular case competently and logically using legal vocabulary and necessary arguments with references to legal norms, examples from judicial practice and interpretation of the essence of norms. Have skills in working with doctrinal, regulatory and law enforcement sources; comprehensive analysis of the issues raised.

Learning Objectives

• interpreting and applying sources of international law
• interpreting and applying the findings of international courts and tribunals
• identifying internationally wrongful acts and determination of the order of international responsibility of states

Expected Learning Outcomes

• Skills of students to interpret and apply the WTO agreements developed.
• Skills of students to interpret and apply the findings of the international courts and tribunals developed.
• Skills of students to formulate the position of national authorities in international disputes developed.
• Skills of students to reveal and propose the resolutions of related legal risks developed.
• Understanding of the basic terminology and architecture of public international law developed.
• Skills of students to identify and ascertain the meaning of the sources of international law developed.

Course Contents

• 1. Introduction to the International Legal Order
• 2.Sources of International Law
• 3.Fundamental Principles of International Law
• 4.Subjects of International Law
• 5.International Law and Domestic Legal Order
• 6.Territory in International Law
• 7.Diplomatic and Consular Law
• 8.International Rules on the Use of Force
• 9.Law of Treaties
• 10.International Human Rights Protection and the matters of Citizenship
• 11.International Organizations
• 12.Peaceful Settlement of Disputes
• 13.International Humanitarian Law
• 14.Responsibility for Internationally Wrongful Acts
• 15.International Criminal Law
• 16.The Law of the Sea
• 17.International Environmental Law
• 18.International Air Law

Assessment Elements

• Контрольная работа
  Описание: In-class written assessment takes form a resolution of a practical case, based on the material covered in class and during self-study. The in-class written assessment is closed book; students could not use any materials or devices. The duration of the assessment is 45 minutes.
• Written exam: экзамен
  The exam consists of two components – the basic part and the specific part. The basic part takes form of a test of 10 multiple choice questions with at least 4 answer options for each. The test is aimed at checking the student’s knowledge and understanding of the basic provisions of public international law and ensuring the validity of the grade for the exam as a whole. If the number of correct answers (correct answer options indicated by a student) is less than 4 (i.e. 7 or more incorrect answers), the specific part of the exam is not subject to review and assessment, and 1 point is awarded for the exam as a whole. The basic part of the exam is closed book; students could not use any materials or devices. The duration of the basic part of the exam is 30 minutes. The specific part of the exam takes form of a resolution of a practical case based on the material covered in class and during self-study. Students need to demonstrate the knowledge of public international law and jurisprudence, as well as demonstrate the skills of argumentation. The specific part of the exam is closed book; students could not use any materials or devices. The duration of the specific part of the exam is 50 minutes.
• n-class online discipline written test
  Written test takes form of a test of 10 multiple choice questions with at least 4 answer options for each. The test is aimed at checking the student’s knowledge and understanding the material addressed in the online course. The number of correct answers (correct answer options indicated by a student) is equal to the grade for the test. The test is closed book; students could not use any materials or devices. The duration of the assessment is 15 minutes.
• In-class participation
  For active work in class (resolving problems, participating in discussions) and demonstrating due preparation for the classes, positively assessed by the tutor, a student can receive up to 10 points for all seminars preceding the exam in total. In case of insufficient student activity in seminars, the student accordingly receives 0 points. If a student is absent at more than 20% of classes, 0 points are awarded for in-class participation. The in-class participation grade received by the student is announced to him at the last tutorial and is taken into account in the calculation the resulting and final grade for the discipline.

Interim Assessment

• 2023/2024 4th module
  0.7 * Written exam: экзамен + 0.1 * In-class participation + 0.1 * n-class online discipline written test + 0.1 * Контрольная работа

Bibliography

Recommended Core Bibliography

• Nollkaemper, A. (2011). National Courts and the International Rule of Law. Oxford: OUP Premium. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=438467
• The Oxford handbook of international law in armed conflict / edited by Andrew Clapham; Paola Gaeta. (2014). Oxford: Oxford University Press [u.a.]. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edswao&AN=edswao.384692141

Recommended Additional Bibliography

• Brownlie, I. (2015). International law and the use of force by States. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsbas&AN=edsbas.4C6BEAD4
• The Oxford Handbook on the Sources of International Law. (2017). Oxford University Press. https://doi.org/10.1093/law/9780198745365.001.0001

Authors

• Shushunova Elizaveta Vasilevna
• Volkova Iuliia Mikhailovna
• Власова Ольга Леонидовна
• BALATSIUK ELIZAVETA SERGEEVNA