International Law

Code:

LRI003

Acronym:

DINT

Instance: 2021/2022 - 1S

Active?	Yes
E-learning page:	https://moodle.up.pt/
Responsible unit:	Department of Germanic Studies
Course/CS Responsible:	Bachelor in Languages and International Relations

Cycles of Study/Courses

Acronym	No. of Students	Study Plan	Curricular Years	Credits UCN	Credits ECTS	Contact hours	Total Time
LRI	108	LRI - Study Plan	2	-	6	3	3

Teaching language

Portuguese
Obs.: Não admissível a estudantes sem domínio do Português.

Objectives

This Curricular Unit presents a study of the history, norms, doctrines and institutions of International Law, offering a critical analysis of the contemporary international legal order and providing a solid basis to support the arguments related to the political importance of International Law. The Curricular Unit pays special attention to the way in which the evolution and functioning of the international legal order influence not only international relations, but also day-to-day life within States.

The main objective of this Course Unit is to provide an overview of International Law as a legal system, showing what International Law is, what are its main divisions, how it operates and what are its strengths and weaknesses.

It also aims to provide an understanding of the nature and sources of international law, to introduce elements of the main thematic areas of international law, to present contemporary developments in the field and the main areas of international conflict and the main actors of contemporary international society. Another objective is to train students for critical thinking by providing them with tools that enable them to critically assess the role played by international law in preventing and resolving international disputes in the context of the contemporary international order.

Learning outcomes and competences

This Curricular Unit intends to provide students with the ability to, in an autonomous and informed way:

 

• Understand the ways in which International Law is created and the ways in which it is applied, with an emphasis on the practice of States and the judgments of International Courts.
• Form an understanding of the concepts, principles, sources and subjects of international public law
• Understand the differences and similarities between international law and domestic law.
• Select and interpret international legal instruments to solve international legal problems
• Understand the role of international law in resolving international disputes.
• Apply the knowledge acquired to the resolution of problems and legal issues.
• Think critically about different international legal instruments and doctrinal positions.
• Undertake scientific research in the field of international law, being able to apply evidence to support an argument in an appropriate way.
• Think critically about how and why political realities often condition the application of international law.
• Think critically about international public law and discuss the importance of this legal system in the context of contemporary international relations.

 

Working method

Presencial

Pre-requirements (prior knowledge) and co-requirements (common knowledge)

N/A

Program

Program (abridged):

1. The Nature of International Law

1.1. The concept of International Law

1.2. Historical evolution: from Classical Antiquity to the 21st century

1.3. Juridicality and the Foundation of International Law

1. Relationship between International Law and domestic law

2.1. Fundamental aspects

2.2. International Law reception systems

1. Sources of International Law

3.1. Distinction between formal sources and material sources

3.2. Determination of formal sources: Article 38 of the Statute of the International Court of Justice

3.2.1. The Law of Treaties

3.3. Other sources of International Law

3.4. Issues relating to sources of International Law

1. The Subjects of International Law

4.1. Introduction: international subjectivity

4.2. States

4.3. International Organizations

4.4. The individual

4.4.1. International Protection

4.4.2. Diplomatic Protection

4.5. Principles of Jurisdiction and Immunity of States and their Agents

1. International disputes: reactions to violations of International Law

5.1. Peaceful Conflict Resolution

5.2. Measures Short of the Use of Force

5.3. The Use of Force and Collective Security

5.4. International State Responsibility

Mandatory literature

Brito, Wladimir; Direito Internacional Público, Coimbra Editora, 2014
Gouveia, Jorge Bacelar; Manual De Direito Internacional Público, Almedina, 2017
Lopes, J.A.A. (coord.) ; Regimes Jurídicos Internacionais (vol), Universidade Católica Editora, 2020
Miranda, Jorge; Curso De Direito Internacional Público, Principia, 2016
Pereira, André Gonçalves, e Fausto de Quadros; Manual De Direito Internacional Público, Almedina, 2015

Complementary Bibliography

Baptista, Eduardo Correia; Direito Internacional Público (vol I), AAFDL Editora, 2015
Baptista, Eduardo Correia; Direito Internacional Público (vol II), AAFDL Editora, 2015
Brito, Wladimir; Responsabilidade De Proteger - (No Direito Internacional) , Almedina, 2016
Crawford, James; Brownlie's Principles of Public International Law, OUP, 2012
Crawford, James; Brownlie's Principles of Public International Law, OUP, 2019
Cunha, Joaquim da Silva e Pereira, Maria da Assunção Vale; Manual de Direito Internacional Público, Almedina, 2004
Lopes, J.A. Azeredo; Entre Solidão e Intervencionismo - Direito de Autodeterminação dos Povos e Reacções de Estados terceiros, Coimbra Editora, 2003
Lopes, J.A.A. (coord.); Regimes Jurídicos Internacionais - Questões, Casos e Materiais (Vol.II), Universidade Católica Editora, 2020
Machado, Jónatas E. M.; Direito Internacional: Do Paradigma Clássico Ao Pós-11 De Setembro, Coimbra Editora, 2013
Orakhelashvili, Alexander; Akehurst’s Modern Introduction to International Law, 8.ª ed., Routledge, 2018
Pereira, Maria Assunção do Vale; Textos De Direito Internacional, Coimbra Editora\, 2013
Shaw, Malcom M.; Akehurst’s Modern Introduction to International Law, 8.ª ed., Cambridge University Press, 2017
Tavares, Maria Isabel; Guerra E Responsabilidade: A Intervenção Militar No Iraque Em 2003, Universidade Católica Editora - Porto, 2015

Comments from the literature

With reference to the mandatory bibliography, the option is taken not to limit the student to a single work in order to - being certain as doctrinal divergences and the programmatic options among jurists of International Law - not to promote a partial view, on the contrary promoting the construction from as broad a perspective as possible. For the best systematization of the syllabus of the UC, it is recommended to choose a collection of texts of International Law, as well as a collection of cases and materials of International Law.

Teaching methods and learning activities

The teaching of this UC is divided between theoretical-practical classes and tutorial guidance. In view of the constraints resulting from the implementation of measures to combat the coronavirus pandemic, the theoretical-practical classes will preferably follow the form of expository teaching (lecture type class) with the continuous exposure of the syllabus contents of the UC supported on digital platforms - namely for placement questions and debate management - in order to ensure interaction between the two groups of students (namely, the group present in the classroom and the group that will attend classes by telematic means). In addition, the resolution will be proposed - in class and on the Moodle-UP platform - of practical hypotheses for applying the acquired knowledge. In contrast, the tutorial guidelines will follow the so-called “Socratic method” (maieutics) favoring interactivity using the same digital platforms, as they will focus as much as possible on the study of cases, materials and judgments of international courts.

Considering the circumstances inherent to UC teaching - and, in particular, the teaching challenges that result from the measures adopted to fight the coronavirus pandemic - as well as the objectives inherent to a correct assessment of the knowledge acquired by the respective students, the assessment follows the distributed evaluation modality with final exam [v. art. 4, paragraph 1, al. c) FLUP's Evaluation Regulation].

keywords

Social sciences > Juridical sciences > International law

Evaluation Type

Evaluation with final exam

Assessment Components

Designation	Weight (%)
Exame	100,00
Total:	100,00

Amount of time allocated to each course unit

Designation	Time (hours)
Estudo autónomo	108,00
Frequência das aulas	54,00
Total:	162,00

Eligibility for exams

With reference to that provided for in article 9 of the FLUP Evaluation Regulations, it is emphasized that the present UC is not conditional on obtaining frequency.

Calculation formula of final grade

1. Final classification = Classification of final exam x 1

Examinations or Special Assignments

N/A.

Internship work/project

N/A.

Special assessment (TE, DA, ...)

The modality that results from the provisions of article 4, paragraph 1, al. c): (a) to students who are recognized with ENEE status; and, (b) to other students as long as they fulfill the necessary requirements and express this intention to the UC professor on a date compatible with the FLUP schedule

Classification improvement

Is ruled by Article 12 of the "Regulamento de Avaliação da FLUP".

Observations

N/A.