University of the Philippines Cebu

Political Science 185

Public International Law

Course Syllabus

Prepared by: Atty. Francis Michael C. Abad, LLM.

Rationale:

Public International Law is the system of rules governing the conduct of states and,
to a limited and consequential degree, non-state actors. This course aims to clarify
the unique nature of international law and how its limited enforceability
nevertheless maintains the international order. In contemporary times, states and
non-state actors no longer invest in the idea of an anarchic world. The
globalization of culture, economy, and even politics have made it clear that states
need to maintain a solid legal platform in the conduct of their affairs, the purpose
of which is not only to maintain peace but also to serve as a springboard to further
both national and international interests.

This course aims to relate international law with the underlying foundations of
legal philosophy and unavoidable effects of international relations to better
appreciate the wisdom behind the rules that bind states together.

Learning Outcomes:

In this course, students will be able to grasp the complexities and breadth of the
laws governing different aspects of international dealings between and among
states, understand the relationship between international law and that of municipal
law, analyze and evaluate different viewpoints and schools of thought in
international legal concepts, enable students to critically think, understand, and
apply theories in contemporary international issues and concerns, and develop new
perspectives and arguments based on the developing theories of international law.

I. Introduction and General Principles (Week 1)

A. Nature and Scope

B. Development of Law Among Nations
C. Characteristics of International Law
D. International Law in relation to Municipal Law
E. Basis of International Law
 F. Functions, Enforcement and Sanctions of International Law

Required Readings:

 Cruz, Isagani (2001) Public International Law.

 Von Glahn, G., &Taulbee, J. L. (2015). Law among nations: an introduction
to public international law. Routledge. Chapters 1 and 2.

II. Sources of International Law (Week 2)

A. Treaties
B. Customs
C. General Principles of Law
D. Secondary Sources
E. Other Possible Sources of International Law
F. Hierarchy of Sources

Required Readings:

 Orakhelashvili, A. (2018). Akehurst's Modern Introduction to International

Law. Routledge. Chapter 3.

III. The International Community (Week 3)

A. Subject and Object of International Law

B. States and its Elements
C. International Organizations
D. NGO’s, individuals, and companies
E. Insurgents and National Liberation Movements
F. Ethnic Minorities and Indigenous People

Required Readings:

 Kaczorowska-Ireland, A. (2015). Public international law. Routledge.

Chapter 5.

The United Nations

A. The United Nations

B. The UN Charter
 C. Purposes, Principles, Membership and Suspension / Expulsion /
Withdrawal of Members
D. Organs of the United Nations

Suggested Readings:

 Orakhelashvili, A. (2018). Akehurst's Modern Introduction to International

Law. Routledge. Chapter 22.

IV. States and Governments (Week 4)

A. Concept of State
B. Principle of State Continuity
C. Extinction of States
D. State Succession and Government Succession

Required Readings:

 Malanczuk, P. (2002). Akehurst's modern introduction to international law.

Routledge. Chapter 11.

V. Recognition (Week 5)

A. Objects and Kinds of Recognition

B. Recognition of States and Governments in International Law
C. Effects of Recognition

Required Readings:

 Von Glahn, G., &Taulbee, J. L. (2015). Law among nations: an introduction

to public international law. Routledge. Chapter 7.

VI. Week 6 for Midterm Assessment

VII. Rights of States (Week 7)

A. Right of Existence, Property, and Self-Defense[Malanczuk, P. (2002).

Akehurst's modern introduction to international law. Routledge. Chapter
10, and Pages 309-318]
 B. Right of Sovereignty and Independence[Oxford Public International
Law1 (see: shorturl.at/bnpEX )] – Read Parts C, D, and E
C. Right of Jurisdiction (Malanczuk, P. (2002). Akehurst's modern
introduction to international law. Routledge. Chapters 7-8)
D. Right of Legation

VIII. Treaties (Week 8)

A. Functions and Essential requisites

B. Treaty-making Process
C. Application of Treaties
D. Invalid Treaties
E. Termination of Treaties

Required Readings:

 Malanczuk, P. (2002). Akehurst's modern introduction to international law.

Routledge. Chapter 9.

IX. The Law of the Sea, Air Space, and Outerspace (Week 9)

A. Internal Waters
B. Territorial Sea
C. Contiguous Zone
D. Exclusive Fisheries Zone and Exclusive Economic Zones
E. The High Seas

Required Readings:

 Orakhelashvili, A. (2018). Akehurst's Modern Introduction to International

Law. Routledge. Chapter 8-9.

X. State Responsibility (Week 10)

A. Treatment of Aliens

Required Readings:

1https://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690-e1472#law-

9780199231690-e1472-div1-5
  Chen, L. C. (2014). An introduction to contemporary international law: a
policy-oriented perspective. Oxford University Press. Chapter 28.

XI. Peaceful Settlement of Disputes (Week 11)

A. Diplomatic Methods
B. Legal Methods

Required Readings:

 Orakhelashvili, A. (2018). Akehurst's Modern Introduction to International

Law. Routledge. Chapter 23.

XII. War and Neutrality (Week 12)

Required Readings:

 Orakhelashvili, A. (2018). Akehurst's Modern Introduction to International

Law. Routledge. Chapter 21.

XIII. Week 13 for Preparations for Final Assessment and other Special
Lectures

XIV. Week 14 for Final Assessment

Activity Guide

 Week 6 Midterm Assessment

The Midterm Assessment will consist of a questionnaire to be given on the Friday

of Week 6 and to be submitted on the Sunday of the same weekend. It will be an
open-book essay examination which will test your understanding and competence
on the topics covered and will ensure that the learning outcomes are achieved.

 Week 14 Final Assessment

The Final Assessment will consist of a questionnaire to be given on the Friday of
Week14 and to be submitted on the Sunday of the same weekend. It will be an
open-book essay examination which will test your understanding and competence
on the topics coveredand will ensure that the learning outcomes are achieved.

 Class Participation and Oral Examination

Throughout the course and during the live online sessions, you are encouraged to
participate in discussions. Oral examination to test your knowledge and capacity to
analyze, synthesize, and argue, will also be conducted. Your participation in the
discussion and oral examinations will be graded.

Class Grading System:

Midterm Assessment 40%

Final Assessment 40%
Class Participation/
Oral Examination 20%
-----------------------------------

Total: 100%

Study Guide:

Study notes will be provided in a separate document to guide you in the study of
each topic mentioned in this syllabus. You are encouraged to add more notes,
information, examples, and your own thoughts to the ones providedso you could
have a comprehensive guide to be used as reference in the examinations.