70106 Principles of Public International Law

Description

International law is a well-established branch of law, with a wide scope of application and far-reaching implications for states and individuals. International law differs from other legal systems because of its horizontal nature. This is characterised by its distinct sources and subjects, and the fact that states, the primary subjects of international law, are legally equal. It is states that create international law through treaty and custom, the principal sources of rights and obligations.

In this subject, students explore the development of law through the machinery of the United Nations in its relationship with states, international organisations and individuals. Within this framework students appraise and critique contemporary international legal events to develop their understanding of the scope and impact of international law and legal processes including the implications and responsibilities of states and individuals. Students investigate, critically analyse and apply the fundamental rules and principles of international law, drawing from a range of international law sources for a contemporary approach to international law making. They evaluate the subjects of international law; the relationship between international law and municipal law; state jurisdiction and immunities from jurisdiction; the role of treaties; state responsibility; the peaceful settlement of international disputes; and the use of force. Students also develop and refine their adversarial skills in the international law context by presenting persuasive legal arguments in written and oral pleadings.