This course shall provide an introduction to the subject of public international law. It shall address the background, subjects and sources of international law; states and international organizations as subjects of international law; state jurisdiction over individuals, land, water and outer space; state responsibility for violations of international law; state and diplomatic immunities; the system of the United Nations; and lawful use of force. During classes, current affairs will be discussed and analyzed.
Public International Law is
composed of the laws, rules, and principles of general application that deal
with the conduct of nation states and international organizations among
themselves as well as the relationships between nation states and international
organizations with persons, whether natural or juridical. Public International
Law is sometimes called the "law of nations" or just simply
International Law. It should not be confused with Private International Law,
which is primarily concerned with the resolution of conflict of laws in the
international setting, determining the law of which country is applicable to
specific situations. In researching this field of law the researcher must also
be aware of Comparative Law, the study of differences and
similarities between the laws of different countries. Comparative Law is the
study of the different legal systems in existence in the world, i.e;
common law, civil law, socialist law, Islamic law, Hindu law, and Chinese law.
This module is an in-depth exploration of
the foundations and core rules and principles of public international law,
including key systemic concerns such as fragmentation and
constitutionalisation. International law has a range of specialist
fields or subject areas which are taught as modules in the LLB programme –
including, among numerous examples, international human rights law, international
environmental law, and international investment law. But international law also
has a ‘general’ part, which applies across all of these specialisms. Any international lawyer must understand
not only their specialist area of practice, but also the general international
law framework which gives their subject its foundations and within which the
specialist subject areas operate. The general rules of international law are,
however, more than merely a framework – they remain the most important rules for
many of the most significant problems and disputes in international law. This module provides an overview and
analysis of the core general rules and principles of international law,
exploring these rules and principles in both their historical and modern
contexts. It does not require previous knowledge of international law, but it
will examine the material in more depth and with a more critical perspective
than undergraduate treatments. There is a focus on the key contemporary
problems and issues, and on the shifts in international law over the last 100
years which inform current debates. It also seeks to examine broader themes in
the historical development of international law – for example, the extent to
which international law is modelled on the idea of ‘private law’ between
sovereign states (including, for example, treaties as inter-state contracts),
and the extent to which it is an emerging legal system, reliant also on public
law ideas (including, for example, the role of peremptory norms as fundamental
principles, or the debate about whether international law is undergoing
‘constitutionalisation’). The module will benefit any student who
would like to develop further their understanding of international law’s core
principles, including particularly students taking one or more of the
specialist modules in international law who, wisely, would also like to enhance
their knowledge and understanding of general international law.
- Module Team: Dr.Jean de Dieu ZIKAMABAHARI