Public International Law 2100-ERASMUS-PINL

The course aims to provide the students with understanding of the system of formal sources of public international law, the political and economic factors of development of international legal rules, as well as of the practical application of international legal rules in various spheres of international relations, such as international negotiation process, international trade in goods and services, intellectual property rights, food safety and the protection of environment, health protection, international security, protection of victims of war, etc.

Topic 1. Definition and history of international law

Lecture - 2 hours. Seminar - 2 hours. Maximum score for the seminar class – 8 points.

Jus gentium. International law in the middle ages. The Peace of Westphalia. The Congress of Vienna. Paris Peace Treaties of 1919. World War II and the contemporary international law. The functions of the contemporary international law.

Topic 2. Sources of public international law

Lecture - 2 hours. Seminar - 2 hours. Maximum score for the seminar class – 8 points.

The concepts of the source of law. International custom. International treaty. General principles of law. The concept of the precedent, “strong precedent”. The role of doctrine, precedent and national legislation.

Topic 3. Subjects of public international law

Lecture - 2 hours. Seminar - 2 hours. Maximum score for the seminar class – 8 points.

Legal personality. The concept of a juridical person. Sovereignty and subjects of international law. Recognition of states and governments. International intergovernmental organizations as subjects of public international law. Natural persons in public international law.

Topic 4. International intergovernmental organizations: institutional law, treaty making and dispute settlement. Relationship between international law and national law. Jurisdiction and immunity. International adjudication and international responsibility

Lecture - 2 hours. Seminar - 2 hours. Maximum score for the seminar class – 9 points.

How international intergovernmental organizations operate? What functions of these organizations facilitate the development of new international agreements? Is dispute settlement more efficient if done under the auspices of international organizations?
Historical development of concepts of relationship between international law and national law. Monism. Dualism. Sovereignty and equality of states. Jurisdictional competence. Privileges and immunities of foreign states. Recognition and enforcement of foreign arbitral awards and state immunity. Multilateralism and the binding nature of international legal rules. Proliferation of international courts and arbitration institutions in the XXI century. WTO dispute settlement crisis. International politics versus international adjudication. The Court of Justice of the European Union. Slovak Republic v. Achmea B.V. (Case C-284/16).

Topic 5. Territory in international law. International law of the sea

Lecture - 2 hours. Seminar - 2 hours. Maximum score for the seminar class – 9 points.

The concept of territory in international law. Territorial sovereignty. New states and title to territory. The acquisition of additional territory. Boundary treaties and boundary awards. Accretion. Cession. Conquest and the use of force. The exercise of effective control. Critical date. The role of subsequent conduct: recognition, acquiescence and estoppel. Leases and servitudes.
Internal waters. Baselines. Archipelagic states. The width of the territorial sea. Delimitation of the territorial sea between states with opposite or adjacent coasts. The juridical nature of the territorial sea. The right of innocent passage. Jurisdiction over foreign ships. International straits.
The contiguous zone. The exclusive economic zone. The continental shelf.
The high seas. Hot pursuit. The international seabed.

Topic 6. International law of human rights. International humanitarian law

Lecture - 2 hours. Seminar - 2 hours. Maximum score for the seminar class – 9 points.

Universal system of protection of human rights. Regional systems of protection of human rights. European Convention on Human Rights and European Court of Human Rights. The European Convention for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment. The Council of Europe Framework Convention for the Protection of National Minorities.
The scope of protection under the Geneva Conventions system. Armed conflicts: international and internal. Enforcement of international humanitarian law. Combatants and non-combatants, methods and means of combat, protection of civilians, protection of the wounded and sick, protection of prisoners of war, protection of cultural property, human rights in armed conflict.

Topic 7. International environmental law

Lecture - 2 hours. Seminar - 2 hours. Maximum score for the seminar class – 9 points.

State responsibility and the environment. Conceptual pillars of international environmental law: harm prevention, sustainable development, precaution, differentiation, equity, public participation, good faith. Liability for damage caused by private persons. Prevention of transboundary harm from hazardous activities. Atmospheric pollution. Ozone depletion and global warming. Pollution from ships.