Public International Law Session 2
INSTRUCTOR: PROF. DR. PABLO FERRARA
Foundations and concept of International Law
- The international community: historical perspective. Origin of international law. Evolution of classical international law. The doctrine in the formation of international law. The methodology of law in relation to the methodology of international politics and international relations.
- Concept of Public International Law. Characters: distinctive elements. Foundations of validity. Main doctrinal currents. Relationship between Public International Law and domestic law. Provisions of the National Constitution. The jurisprudence of the Supreme Court of the Nation.
SOURCES OF PUBLIC INTERNATIONAL LAW
- Enumeration and hierarchy of sources according to Article 38 of the Statute of the International Court of Justice. The formation of custom. Items. The analysis in the jurisprudence of the International Court of Justice. The relationship between custom and treaty. The codification and progressive development of international law. The work of the United Nations International Law Commission.
- International treaties. Concept. Classification. The 1969 Vienna Convention on the Law of Treaties. Negotiation. Manifestation of consent. National Constitution: competent bodies for the negotiation and approval of treaties. Bookings. Entry into force of treaties: effects. Rules of interpretation.
- Amendment and modification. Registration and publication. The crisis of the treaty. Causes to terminate a treaty. Suspension. Nullity of the treaty: vices of consent. Effects of nullity. Effects of war on treaties. Dispute resolution. Succession of States in matters of treaties.
- The general principles of law. Contents. Relationship with treaties and custom. Application by international jurisprudence. Auxiliary means for the determination of legal norms: International jurisprudence and doctrine.
- Unilateral acts of States. Notion. Legal scope. Acts of international organizations. Classification. Legal effects. Equity as a source of international law.
*Learning materials: Publications (online PDF files) will be provided*