Delivered at:: Department of Financial Law (School of Law)

Course type:: Elective course

When:: 3 year, 1, 2 module

Instructor

Shushunova, Elizaveta

Full 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 International public law. Students will acquire the necessary information and skills for subsequent scientific, analytical activities, legal practice in international governmental and non-governmental organizations, consulting, state or municipal government, lawmaking, legal support for diplomatic and consular activities, representation of positions of public entities, individuals/groups of persons in international institutions, participation in constitutional proceedings. This discipline belongs to the variable part of the professional cycle of disciplines for the preparation of students in the direction 40.04.01. "Jurisprudence" of the bachelor's degree program "Jurisprudence". When starting to study this discipline, students must have knowledge of the following disciplines (prerequisites): "Theory of State and Law", "Roman Law", "History of State and Law", "Constitutional Law of Russia", "Constitutional Law of foreign countries", "Public International Law", "Civil Law", "Criminal Law". The main provisions of the discipline can be used in the future in the preparation of the final qualification work and preparation for the interdisciplinary examination in the field of training (post-prerequisites).

Learning Objectives

As a result of studying the discipline, students must: 1) know: - theoretical foundations of the modern international legal order; basic doctrinal approaches to the most controversial issues of modern International law, the main national branches of public law; - the main trends of law enforcement practice in the activities of international organizations, international and national judicial institutions; 2) be able to: - logically and legally competently express and argue their point of view on legal issues, perform a legal analysis of the situation, the text; - apply the acquired knowledge in practice, including legally competently drafting legal documents if there are sufficient grounds for this (draft agreements, court decisions, resolutions, statements, notifications, etc.), - give an objective assessment of the activities of international institutions and national legislative, judicial and other law enforcement agencies; 3) have the skills: - interpretation of international treaties, national legislation, analysis of practice and opinio juris of States; - independent qualified work with legal sources and literature, including international treaties, decisions of international organizations, analytical reports, reference books and lists; - participation in discussions on problematic issues of public law regulation, public administration, international cooperation; - advising interested persons and organizations on legally significant issues of protecting their interests in international and national regulations.

Expected Learning Outcomes

Knowledge of legal sources and specialized literature, the ability to formulate competent, well-founded theses and arguments on the topic
High-quality preparation of practical tasks, knowledge of legal sources and specialized literature, the ability to formulate competent, well-founded theses and arguments on the topic

Course Contents

Topic 1. Problems of legal interpretation of the principles of international law. Modern international legal order
Topic 2. Problems of lawmaking and law enforcement in International Law
Topic 3. Problems of territorial sovereignty
Topic 4. Problems of international responsibility of states and international organizations
Topic 5. Problems of protecting human rights in modern international and national legal orders
Topic 6. Modern international law and global threats. Conditions for lawful restriction of human rights
Topic 7. Problems of international legal protection of the environment

Assessment Elements

Verification work
The control work on the discipline is carried out in writing. The control work is performed in the classroom in the presence of a teacher and represents the solution of one (1) task based on the materials of judicial practice and involving the development of effective law enforcement skills. The task is completed within 50 minutes. When performing the control work, students are allowed to use only those legal acts, the list of which was determined in advance by the teacher, depending on the subject of the proposed tasks. During the performance of the control work, students are not allowed to use literature, legal acts that are not included in the list declared by the teacher, notes, personal computers, tablets, smartphones and other auxiliary means in the absence of special instructions from the teacher.
Classroom work
The purpose of the student's performance of this element is to monitor academic performance in the course, in particular, to check the theoretical knowledge acquired by the student, practical skills, and developed analytical abilities. When evaluating the work, the main attention is paid to: firstly, the correct and complete solution of the problem, secondly, the completeness and logical accuracy of the argumentation, and thirdly, the presence/absence of legal and factual errors.
Exam
The discipline exam is conducted in writing during the regular session. Written examination work is performed in the classroom in the presence of a teacher and represents the solution of two (2) tasks based on the materials of judicial practice and allowing the student to demonstrate the knowledge and skills acquired during the course. The task is completed within 80 minutes. When completing the exam, students are allowed to use only those legal acts, the list of which was determined in advance by the teacher, depending on the subject of the proposed tasks. During the written examination work, students are not allowed to use literature, legal acts that are not included in the list declared by the teacher, notes, personal computers, tablets, smartphones and other auxiliary means in the absence of special instructions from the teacher.

Interim Assessment

2023/2024 2nd module
The study of the discipline includes the following forms of classes: seminars, test work, written exam. The resulting assessment for the discipline is formed in accordance with the following formula: Orez = 0.4*Ok/r + 0.1*Oaud + 0.5*Oekz, Orez – the resulting score; Oaud – assessment for classroom work; Ok/r – assessment for the control work; Oekz is an assessment for a written exam.

Bibliography

Recommended Core Bibliography

Julien Pieret. (2014). Fleur Johns, Non-Legality in International Law: Unruly Law, 2013. Revue Québécoise de Droit International, 27(1), 323–330.
Sanford Silverburg. (2011). International Law : Contemporary Issues and Future Developments. Routledge.

Recommended Additional Bibliography

Hazel Fox, & Philippa Webb. (2013). The Law of State Immunity: Vol. Third edition. OUP Oxford.
Larsson, M.-L. (2004). Xue Hanqin, Transboundary Damage in International Law (Cambridge: Cambridge University Press, 2003), 331 pages. https://doi.org/10.1093/yiel/14.1.840

Bachelor’s Programme 'Law'

Contacts

Research Seminar "Problems of International Law"