COURSE INFORMATION
Course Title: PUBLIC INTERNATIONAL LAW
Code Course Type Regular Semester Theory Practice Lab Credits ECTS
LAW 304 B 6 3 0 0 3 6
Academic staff member responsible for the design of the course syllabus (name, surname, academic title/scientific degree, email address and signature) Dr. Alba Gërdeci agerdeci@epoka.edu.al
Main Course Lecturer (name, surname, academic title/scientific degree, email address and signature) and Office Hours: Dr. Alba Gërdeci agerdeci@epoka.edu.al , Friday 14:00 - 16:00 hrs
Second Course Lecturer(s) (name, surname, academic title/scientific degree, email address and signature) and Office Hours: NA
Language: English
Compulsory/Elective: Elective
Study program: (the study for which this course is offered) Bachelor in Political Science and International Relations (3 years)
Classroom and Meeting Time: D 202 - Thursday 09:45 - 12:30 hrs
Teaching Assistant(s) and Office Hours: NA
Code of Ethics: Code of Ethics of EPOKA University
Regulation of EPOKA University "On Student Discipline"
Attendance Requirement: See Regulation in force
Course Description: Lënda është e konceptuar si e përbërë prej disa pjesëve, të cilat ofrojnë njohuri për sa i përket elementëve të domosdoshëm për ekzistencën e shtetit si subjekt i së drejtës ndërkombëtare, krijimin e organizatave joqeveritare dhe ndërqeveritare, institutet kryesore të së së Drejtës Ndërkombëtare të Detit, të së Drejtës Ndërkombëtare të Traktateve, të së Drejtës Diplomatike dhe Konsullore, të së Drejtës Ndërkombëtare Humanitare, etj. Vëmendje e veçantë u kushtohet mekanizmave ndërkombëtarë për zgjidhjen paqësore të konflikteve ndërkombëtare.
Course Objectives: This course is intended to introduce students to the basic concepts and problems of public international law and of the international legal system. The course will cover the most important topics of this field such as the sources and subjects of international law, treaty law, jurisdiction, immunity, the law of sea, state responsibility and the use of force, and the relationship between international law and the domestic law of states. It will also address newer topics in international law such as the international law of human rights and international criminal law. The course will review and discuss a number of international law cases decided by national and international tribunals, as well as certain treaties, resolutions and other international legal instruments of importance.
BASIC CONCEPTS OF THE COURSE
1 International Law
2 Sources of International Law
3 Personality, Statehood, Recognition
4 Sovereignty, Jurisdiction
5 Immunity
6 Peaceful Settlement of Disputes
7 Use of force
8 State responsibility
9 Law of Sea
10 Human Rights, International Criminal Law
COURSE OUTLINE
Week Topics
1 The nature of international law and the international system - This topic deals with the substance of international law , the method of its creation and the legal persons or subjects who may be governed by it. Within the complex system, treaties , conventions and customary practices that shape the rights and obligations of nations, we see how international justice is fostered. Page Number : 1-23 Key Cases: - Lotus PCIJ 1927 - Kosovo Advisory Opinion ICJ 2010 - Barcelona Traction Light and Power Company Ltd ICJ 1970 Extra Reading : - Formalism and the sources of international law - J D’Aspremont - Fragmentation - B. Simma
2 Sources of international law - The sources of international law are diverse which reflect the evolving nature of interstate relations and their governance, despite such law not possessing formal institutions responsible for law creation, they are still accepted and identified by states. The main sources of international law are treaties, international customary law and general principles of law recognised by civilized nations. Page Number : 24-54 Key Cases: -North Sea Continental Shelf 1969 -Legality of the threat of use of nuclear weapons ICJ rep 1996 -Nicaragua – USA 1986 Extra Reading: Key debates -International Custom - Mendelson -General Principles of Law – Kolb
3 The law of treaties - This topic discusses the law of treaties which constitute a fundamental aspect of international law that governs the formation, interpretation and termination of agreements between states and international organizations. It also provides a framework for ensuring the stability of such relations by regulating the rights and obligations of parties to treaties. The Vienna Conventions serves as a milestone for this field, shaping the legal landscape of treaty-making and enforcement. Page Number : 55-89 Key cases - Gabčíkovo-Nagymaros Project (Hungary/Slovakia) - Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide Advisory Opinion of May 28th, 1951 - Land and Maritime Boundaries between Cameroon and Nigeria (CAMEROON v. NIGERIA: EQUATORIAL GUINEA INTERVENING) (MERITS) Judgment of 10 October 2002 Extra Reading: Treaty interpretation - Gardiner The law of treaties and other categories of International Law - Cannizzaro
4 The relationship between international and domestic law - This topic discusses the relationship between international law and national law which reflects the interplay between the domestic legal systems and the broader framework of global governance. We examine how the national legal system often incorporates the principles of international law through legal norms and practices but also how international law influences the decision -making process in the courts of another. Page number : 90-114 Key cases The R (on application of Al-Jedda) Secretary of State of Defense (2002) Extra Reading: Judicial review of UNSC Resolutions
5 Personality, statehood and recognition - This topic discusses how international law is mainly concerned with the rights and duties of each state and also how states are the major legal persons or subjects of international law. The chapter also examines the concept of personality in international law and also the problems that arise in international law and national law from the concept of recognition of foreign states , governments and national organizations . Page number : 115-147 Key cases - Accordance with International Law of the Unilateral Declaration of Independence in respect of Kosovo (Kosovo Declaration case 2010 - Reparation for Injuries Suffered in the Service of the United Nations (Reparations Case), ICJ Rep (1949) - Republic of Somalia v Woodhouse Drake and Carey (Suisse) S [1993] Extra reading - Do non-state actors have human rights obligations in the same manner as states? - Clapham - Catalonian Referendum - Anne Peters
6 Sovereignty and jurisdiction - This topic discusses the ways a state has general power under international law to prescribe jurisdiction , the enforcement of that jurisdiction and also how it affects other states . This area also addresses issues such as territorial boundaries, diplomatic immunity and the resolution of disputes between states. Introduction Page number : 148-181 Key cases -France v Turkey (Lotus case), PCIJ, Series A, No 10 (1927) - Boumediene v Bush (2008) Extra Reading: -Africa’s opposition to universal jurisdiction by European countries Read: Universal Jurisdiction under Attack: An Assessment of African Misgivings towards International Criminal Justice as Administered by Western States - Harmen van der Wilt -Jurisdiction to enforce criminal laws abroad Read: Constitutional Limits on Extraterritorial Jurisdiction: Terrorism and the Intersection of National and International Law’, 48 Harvard Journal of International Law (2007) - Anthony J Colangelo
7 Immunity - This topic discusses immunities from national jurisdiction that lead to legal protections afforded to certain entities, such as foreign states, diplomats and international organizations, shielding them from the jurisdiction of domestic courts and international courts. Such immunities are rooted in the principles of sovereign equality, diplomatic protocol , and also the need for effective international cooperation. However , they can conflict with the pursuit of justice and accountability, leading to debate over their application in international law. Page number : 182-216 Key cases -Germany v Italy (Jurisdictional Immunities of the State), ICJ Judgment of 3 February 2012 - -Jones v Ministry of Interior of the Kingdom of Saudi Arabia [2006] 2 WLR 1424 - Chemonics International INC - Court of Albania Extra Reading: Are immunities from national jurisdiction applicable to violations of jus cogens norms? - Dapo Akande and Sangeeta Shah
8 The Law of Sea - This topic discusses the law of the sea which in principle governs the rights and responsibilities of states in maritime zones, including territorial waters, exclusive economic zones, and the high seas. It establishes rules for navigation, exploitation of resources, environmental protection, and the settlement of disputes. The United Nations Convention on the Law of the Sea (UNCLOS) serves as the primary international legal framework, providing guidelines for coastal states, landlocked states, and international shipping entities. Introduction Page number : 217-252 Key cases –Corfu Channel (United Kingdom of Great Britain and Northern Ireland v. Albania) -The Decision of the Constitutional Court 2010 -North Sea Continental Shelf (Federal Republic of Germany/Netherlands)
9 Midterm
10 State responsibility - This topic discusses state responsibility under international law which encompasses the legal obligations and liabilities that states face for their actions or omissions that breach international norms. This includes violations of treaties, customary international law, and other obligations. Page number :252-285 Key cases -Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) -United States Diplomatic and Consular Staff in Tehran (United States of America v. Iran)
11 Peaceful settlement of disputes - This topic discusses the peaceful settlement of disputes which is a cornerstone of international law, emphasizing diplomatic negotiation, mediation, arbitration, and adjudication as means to resolve conflicts between states. These mechanisms aim to prevent the escalation of tensions and promote stability in the international community. Various institutions, including the International Court of Justice (ICJ), regional organizations, and treaties, provide frameworks and procedures for peaceful dispute resolution, contributing to the maintenance of international peace and security. Page number :286-319 Key cases -Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory -Monetary Gold Removed from Rome in 1943 (Italy v. France, United Kingdom of Great Britain and Northern Ireland and United States of America) Extra Reading Intervention of Third Parties - Bonafe International Adjudication - Brown
12 Use of force - This topic discusses the use of force ,a debated area which is governed by the principles of the United Nations Charter, which prohibits the threat or use of force against the territorial integrity or political independence of any state. Exceptions to this prohibition include self-defense in response to an armed attack or actions authorized by the UN Security Council to maintain or restore international peace and security. However, the application of force is subject to strict legal standards and oversight, with an emphasis on promoting peaceful conflict resolution and upholding human rights. Introduction Page number :321-353 Key cases -USA v Nicaragua ICJ Rep 1986 -Legality of the Threat or Use of Nuclear Weapons ICJ Rep 1996 Extra reading Use of force in modern context (Tallinn Manual, Montreux document, Brahimi Report, Bush Doctrine)
13 Human rights and humanitarian law - This topic discusses how international human rights law provides a framework for the protection and promotion of human rights, encompassing civil, political, economic, social, and cultural dimensions. Documents such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights establish standards for state obligations and accountability, while international bodies like the United Nations Human Rights Council monitor compliance and provide remedies for violations. Page number :354-373 Key cases -A and ors v UK (2009) 49 EHRR 29 -CASE OF S.A.S. v. FRANCE
14 General Project/VLC Project Presentation
Prerequisite(s):
Textbook(s): Shaw, M. N. (2021). International Law (9th ed.). Cambridge: Cambridge University Press
Additional Literature: To be shared with students weekly in Google Classroom
Laboratory Work:
Computer Usage: If needed in the context of project preparation
Others: No
COURSE LEARNING OUTCOMES
1 To expose students to the core concepts and instruments of international law.
2 To develop familiarity and fluency with the vocabulary of international law.
3 To become familiar with the actors in the international legal system, how the international legal order functions, and the limits of international law.
4 To develop the analytical and writing skills through assessments, assignments, written examinations, group work and collaborative learning.
COURSE CONTRIBUTION TO... PROGRAM COMPETENCIES
(Blank : no contribution, 1: least contribution ... 5: highest contribution)
No Program Competencies Cont.
Bachelor in Political Science and International Relations (3 years) Program
1 Having and using advanced knowledge and comprehension supported by textbooks including actual knowledge in political sciences and international relations literature, materials and the other scientific resources. 5
2 Analyzing data, ideas and concepts of current political issues and international relations, determining complex events and topics, making discussions and developing new suggestions in accordance with researches. 4
3 Having knowledge and thought about actual topics and problems together with their historical, social and cultural aspects. 2
4 Introducing those who are interested in politics and international events with the topics of Political Science and IR and teaching clearly the problems and the types of solutions. 2
5 Improving skills of working together with the main social science disciplines and other disciplines which are related to Political Science and International Relations. 2
6 Improving critical thinking and skills in making research independently. 5
7 Developing solutions about the problems and conflicts which are common in national and international arena. 5
8 Improving skills for leadership and research and analyze capacity of those who is responsible with national and international ones. 3
9 Knowing any foreign language enough to communicate with colleagues and understand actual researches and articles. 3
10 Gaining IT skills to use computer and technology) in order to reach actual knowledge. 1
11 Gaining skills to follow societal, scientific and ethic values during collecting, interpreting, conducting of data related to social and political developments. 4
12 Having consciousness about human rights and environment. 2
13 Gaining the skills to follow actual developments and pursue long-life learning. 5
COURSE EVALUATION METHOD
Method Quantity Percentage
Midterm Exam(s)
1
30
Project
1
30
Final Exam
1
30
Other
1
10
Total Percent: 100%
ECTS (ALLOCATED BASED ON STUDENT WORKLOAD)
Activities Quantity Duration(Hours) Total Workload(Hours)
Course Duration (Including the exam week: 16x Total course hours) 16 3 48
Hours for off-the-classroom study (Pre-study, practice) 16 2 32
Mid-terms 1 15 15
Assignments 0 0
Final examination 1 15 15
Other 1 40 40
Total Work Load:
150
Total Work Load/25(h):
6
ECTS Credit of the Course:
6
CONCLUDING REMARKS BY THE COURSE LECTURER

The students performed very well. They found the course very insightful. It is suggested it becomes obligatory for PIR Students.