International law

elementary

SM1_W01,SM1_W02, SM1_W03

International law as a didactic subject covers the basic theoretical issues (characteristics of the environment of international law - the international community, sources of law, norms, obligations, entities - especially states and international organizations and their transformations, dispute resolution) and key areas of international law (anti-war law, conflicts armed, human rights, international criminal, shared resources, law of the sea, environmental, air, space, economic, with particular emphasis on international investment and financial law as well as law of international trade).

The course on international law analyzes the basic general institutions of this law, locating them in the international environment (international community, international relations) on the one hand, and in the context of the practice of this law (state practice, jurisprudence of international courts and international arbitration) on the other. In the course of the lectures, the structure of the international community is presented, trends in its transformations are shown, universal community and particular communities are characterized. Factors shaping the state and transformations of these communities as societies producing international law and other normative systems are also discussed. The degree of institutionalization of the community is considered. The concept of international law is also analyzed in its various contexts and functions in which it occurs in international and domestic practice. It also presents international law as a legal system with its "general part and its specific part understood as sections of international law.

The subject of the lecture also covers issues related to the sources of international law. In particular, it deals with the issues of treaties and customary law, showing the latest trends and referring to international jurisprudence, primarily the ICJ. Moreover, the growing importance of informal sources, such as general principles of law or the so-called soft law. Relations between sources are also analyzed.

The next issue is the norms of international law. Their understanding, including definition and classifications, are discussed. In addition, the relationship between individual standards is presented, as well as the conceptual relationship between the norms and the sources and treatment standards. In this context, the issue of the relationship of international law to domestic law is also presented, including the so-called pluralism of legal orders.

The next problem is subjects of international law. It explains the existence of the so-called international personal law, criteria for qualifying actors as subjects of international law. Special attention is focused on states as the main subjects of international law. The understanding of the state for the purposes of this law is analyzed, the categories of states, the rise and fall of states, in particular the self-determination of peoples. The attributes and functions of the state are discussed from an international perspective. The components of the state are considered, i.e. population, territory and power as well as the ability to act in the international sphere. The last issue is the issue of national and foreign authorities of the state participating in international law transactions, including elements of diplomatic and consular law. In addition, the instruments of state action in international relations are indicated, including treaties, unilateral acts and other unilateral actions, diplomatic and consular protection, and collective actions. Principles protecting the state are discussed, in particular sovereignty and, territorial integrity and inviolability of borders as well as non-interference in internal affairs.

In addition, other subjects of international law are presented, in particular intergovernmental international organizations, and actors aspiring to the status of a legal subject, such as corporations or individuals.

The issue of subjective changes, i.e. succession, is another issue discussed in the lecture. It is primarily about the succession of states, and to a lesser extent also intergovernmental international organizations.

One of the most important issues discussed in the course of the lecture on international law are international obligations with the key principle of performing these obligations in good faith. It shows the sources of obligations, the concept of an obligation, including its definition and types, the freedom to incur obligations and its limitations, the concept and standards of performing obligations, the issue of continuity and stability of obligations performance. The issue of international responsibility for violating international obligations is its completion.

The general part of international law ends with two issues: dispute resolution (out-of-court and judicial methods) and international law enforcement (individual, collective, non-armed, armed).

The detailed part consists of a presentation of the basic areas of substantive international law according to a specific scheme.

The basic sections include: anti-war law (understood as ius contra bellum, including the prohibition of the use of armed force, sanctions, peacekeeping operations, joint military action), armed conflicts (international, non-international), human rights (including the protection of minorities), international criminal law (law of international criminal cooperation and international criminal law s.s., i.e. regarding the prosecution and punishment of international crimes), shared resources (international law on rivers and lakes, aquifers, but also natural resources and resources - with the principle of permanent sovereignty over natural resources and resources) at the forefront), the law of the sea (also related to international maritime law), environmental protection (including climate change law), aviation, space, economic, with particular emphasis on international trade, international finance

and foreign investments.

The diagram of each of these sections includes the following elements:

1. Historical overview;

2. Non-legal contexts;

3. General characteristics of the legal regime (lex specialis; internal structure of the department);

4. Characteristics of the sources of law (including universalism / regionalism; meaning of bilateral agreements);

5. Norms and standards;

6. General characteristics of liabilities. Responsibility. Lex specialis

7. Resolution of international disputes;

8. Basic institutions of substantive law;

9. Polish aspects, possibly comparative

10. Developments in a specific field.

Basic literature:

Prawo międzynarodowe publiczne. Wybór dokumentów, opr. A. Przyborowska-Klimczak, Lublin 2008

international data bases of treaties, international organizations, international courts and tribunals

Supplementary literature:

W. Góralczyk, S. Sawicki, Prawo międzynarodowe publiczne w zarysie

Warszawa 2017

W. Czapliński, A. Wyrozumska, Prawo międzynarodowe publiczne, Warszawa 2014

A. Łazowski, A. Zawidzka, Prawo międzynarodowe publiczne, Warszawa 2018

Participation in lecture: 30h

Preapring for exam 50h

unassistant analysisi of sources 15 h

Consultation 5h

Total 100h

SM1_W01,

For grade 2: the student does not know the complex legal conditions of the aspects of international relations

For the grade 3,3,5: the student has only a basic knowledge of the complex legal aspects of international relations

For the grade 4, 4.5: the student has a good knowledge of the complex legal aspects of international relations

For grade 5: the student has a very good knowledge of complex legal aspects of international relations

SM1_W02,

For grade 2: the student does not know basic general knowledge of the legal aspects of international relations

For the grade 3, 3.5: the student has only basic general knowledge of the legal aspects of international relations

For the grade 4, 4.5: the student has a good general knowledge of the legal aspects of international relations

For the grade 5: the student has a very good general knowledge of the legal aspects of international relations

SM1_W03

For grade 2: the student does not know the fundamental dilemmas of modern civilization related to the legal aspects of international relations

For the grade 3, 3.5: the student has only basic knowledge about the fundamental dilemmas of modern civilization related to the legal aspects of international relations

For the grade 4, 4.5: the student has a good knowledge of the fundamental dilemmas of modern civilization related to the legal aspects of international relations

For grade 5: the student has a very good knowledge of the fundamental dilemmas of modern civilization related to the legal aspects of international relations

Oral or written exam - na zakończenie wykładu