51063003-Research on Special Studies on Public International Law

Course Title:Research on Special Studies on Public International Law

Course Code

51063003

Semester

2

Teaching Hours

64

Credits

4

Prerequisites

International Law

Instructor Information

Name

Jian Jisong

Email

Jianjisong67@163.com

Institute

Zhongnan University of Economics and Law

Applicable Object

International Students

Course Objectives

Through lectures, presentations and discussions, students will gain a deep understanding of the fundamental and controversial issues of international law in public international law, thus developing their understanding, analysis and research skills, especially to enable them to skillfully apply the research methods and ideas of international law to the study of international law issues. Specific Requirements:

1. Learn to understand the basic framework of the body of knowledge of public international law;

2. Thinking in relation to reality, focusing on analysis and ideas;

3. Active participation in case studies and presentations;

4. Mastering the learning characteristics and mindset of management science.

Course Description

(200 words)

The course focuses on the most basic and controversial issues of international law in the field of public international law, on the basis of what students will think about and study , drafting speeches, and make PPT lesson plans, and in each class the students will make keynote speeches and initiate in-depth discussions on these issues, and finally the teacher will make concluding remarks on the basis of the speeches and discussions of the students. The teacher will make a concluding speech based on the presentations and discussions. The teacher will conclude the lecture based on the presentations and discussions, thus deepening the students' understanding of these controversial and fundamental issues of public international law and developing their research skills.

Assessment Methods

Course Papers

Textbooks and References

1. Barry E. Carter: International Law , Wolters Kluwer, 2007

2. Jennings , Watts: Oppenheim’s International Law, Longman Group UK Limited, 1993.

3. 王献枢，刘海山：《国际法》，中国政法大学出版社，2001版。

Course planning

Chapter 1

Introduction to International law

The concept,characteristics, classifications, the relation between the international law and domestic law.

Topic1:The relation between the international law and domestic law

Chapter 2

The history and codification of international law.

Topic1:The different stages of international law and the essence and significance  of the codification of international law.

Chapter 3

The sources of international law

The definition of the sources, the classification of the sources, the main sources provided in article 38 of the statute of ICJ; including the treaties, international customs and the general principle of law.

Topic1:The auxiliary sources of international law

Topic2:On the resolution of the international institution as the the sources of international law

Chapter 4

The basic principles of International law:

The concept, characteristics,contents of the International law;

The 5 Peaceful co-existence principles, the 7 principles provided in the UN Charter，

The relation between them

Topic1:The Problem on the humanitarian interference by force

Topic2:The boundary of the inner affairs

Chapter 5

The subjects of International law:

The definition, classification and the legal status of  different subjects of international law

Topic1:The scope of the right ability  and act ability of the international organizations

Topic2:The Problem on the international personality of individuals

Chapter 6

The recognition in international law:

The definition, classification, conditions, patterns and validity of the recognition in international law.

Topic1:The validity of the recognition in international law,especially the different doctrines including the constructive theory and declaration theory about the recognition in international law.

Chapter 7

The state responsibility :

The responsibility for the wrongful act of a state; the responsibility for the damage; the responsibility for the international crime.

Topic1:The international Criminal  responsibility problem;

Topic2:The problem on whether the individual bears the criminal responsibility for the invasion crime on behalf of the state.

Chapter 8

The Territory of the state：

The concept, characteristic, classification, and the patterns of territorial alteration .

Topic1:The Legal status of the south Pole

Topic2:The Public voting as the pattern of territorial alteration

Chapter 9

Maritime Law:

The demarcation of different sea areas, the legal status of different sea areas,the mechanism of different sea areas.

Topic1:The parallel exploitation system and its efficiency;

Topic2:the demarcation of the continental shelf.

Chapter 10

The space law:

The demarcation of different spaces; The legal status of different spaces;

The mechanism of different spaces.

Topic1:The problem on the legal status of the Geosynchronous orbit

Topic2:The Problem on the space debris clearance.

Chapter 11

The international environmental law:

The definition , characteristics, and classification of the international environmental law, the convention on the climate change and the convention on the biodiversity.

Topic1:The problem on the environmental law as the soft law

Topic2:The Guarantee of the environmental law

Chapter 12

The diplomatic and consul relation law

The definition , characteristics of diplomatic and consul relation, the duties of the  diplomatic  and consul organ, the Privilege and immunity of the diplomatic and consul  organ; the privilege and immunity of the diplomatic and consul staff.

Topic1:The nature of the privilege and immunity

Topic2:The difference between the privilege and immunity awarded to the diplomatic mission

Chapter 13

The treaty law:

The conclusion, compliance, application, interpretation, amendment, invalidity and end the the treaty.

Topic1:On the changes of situation

Topic2:On the validity of the treaty concluded on the basis of mistake.

Chapter 14

The law of international institutions:

The purpose, principles, member state, organs decision procedure; the united nations and IMF, WTO.

Topic1:The reform of the UN

Topic2:The problem on the super national institutions

Chapter 15

The law of international dispute settlement:

The classification of international disputes including political disputes and legal disputes, the main methods: political methods, the legal methods, the legal methods.

Topic1:The challenges the ICJ system face and the counter plan;

Topic2:The relation between the different disputes settlement methods.

Chapter 16

The defense for the paper

Topic1:Presentation given by the students

Topic2:Questions asked by the other classmates

Topic3:The mark is based on the opinion from the students and the teacher.