COURSE INTRODUCTION AND APPLICATION INFORMATION


Course Name
Public International Law I
Code
Semester
Theory
(hour/week)
Application/Lab
(hour/week)
Local Credits
ECTS
LAW 213
Fall/Spring
3
0
3
6
Prerequisites
None
Course Language
English
Course Type
Service Course
Course Level
First Cycle
Mode of Delivery -
Teaching Methods and Techniques of the Course
Course Coordinator -
Course Lecturer(s)
Assistant(s) -
Course Objectives The course intends to introduce and outline the main issues of the contemporary international legal system.
Learning Outcomes The students who succeeded in this course;
  • Students will be able to identify the basic concepts of public international law
  • Students will be able to identify the principles of public international law
  • Students will be able to determine subjects of international law
  • Students will be able to describe the jurisdiction of the state
  • Students will be able to identify the international legal conditions of use of force
  • Students will be able to compare national and international legal rules
Course Description A broad range matters is going to be discussed and illustrated through explanations and cases from the practice of international relations. The course aims to identify and explain conventional aspects of interstate transactions (treaties, diplomatic and consular relations), disputes (territorial issues, nationality and jurisdiction) and conflicts (state responsibility, selfhelp, rules of armed actions) together with more recent (environmental and human rights) developments within the international society.The series of topics is composed to highlight and demonstrate the significance of the understanding of the rules, procedures and means governing international order in spite of its fundamentally political nature. International law will be offered as an indispensable and complementary tool of analyses in pursuit of a correct and comprehensive view of often simplified, but nevertheless highly complex occurrences in international relations.

 



Course Category

Core Courses
X
Major Area Courses
Supportive Courses
Media and Managment Skills Courses
Transferable Skill Courses

 

WEEKLY SUBJECTS AND RELATED PREPARATION STUDIES

Week Subjects Required Materials
1 Introduction and the Concept of “Law” Sub-Titles: Community and Order, The Law Order -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 1-35. -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 1-25.
2 The Concepts of “Law” and “International Law” Sub-Titles: International Community, The Term “International Law”, Defining International Law, International Law as Law: Its Distinctive Features, The Scope of International Law, History and Development of International Law -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 1-35. -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 1-25.
3 International Law and National Laws Sub-Titles: The Differences in Terms of Law Creation, The Differences in Terms of Law Enforcement, The Nature of Relation between International Law and National Law, The Theories Explaining the Relationship, The Situation in the Turkish Law Seminar: Evaluate the rule added to the Article 90 of the Turkish Constitution “In the case of a conflict between international agreements in the area of fundamental rights and freedoms duly put into effect and the domestic laws due to differences in provisions on the same matter, the provisions of international agreements shall prevail. Readings: ” -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 129-165. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 63-71. Online Sources: Exercise on treaty implementation: Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, Paris, 17 December 1997 [1999] ATS 21 http://www.austlii.edu.au/au/other/dfat/treaties/1999/21.html Compare implementation of this treaty in different states – See ‘Update on steps taken by countries to implement the Convention’: http://www.oecd.org/document/24/0,2340,en_2649_201185_1933144_1_1_1_1,00.html Compare also UN Convention against Corruption, New York 2003 UK Treaty Series No.14 (2006) http://www.fco.gov.uk/Files/kfile/339730_CM6854.pdf
4 Sources of International Law International Treaties Sub-Titles: The Concept of the Sources of Law, Formal (Binding) Sources of International Law, Secondary Sources of International Law Seminar: Evaluate the rule added to the Article 90 of the Turkish Constitution “In the case of a conflict between international agreements in the area of fundamental rights and freedoms duly put into effect and the domestic laws due to differences in provisions on the same matter, the provisions of international agreements shall prevail. Readings: ”Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 129-165. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 63-71. Online Sources: Exercise on treaty implementation: Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, Paris, 17 December 1997 [1999] ATS 21 http://www.austlii.edu.au/au/other/dfat/treaties/1999/21.html Compare implementation of this treaty in different states – See ‘Update on steps taken by countries to implement the Convention’: http://www.oecd.org/document/24/0,2340,en_2649_201185_1933144_1_1_1_1,00.html Compare also UN Convention against Corruption, New York 2003 UK Treaty Series No.14 (2006) http://www.fco.gov.uk/Files/kfile/339730_CM6854.pdf
5 The Sources of International Law International Treaties Sub-Titles: Reservations Giving the Binding Feature to International Treaties Application of International Treaties The Turkish system in the Creation of International Treaties The Factors Affecting Validity of International Treaties The Legal Effects and Interpretation of International Treaties Ending an International Treaty Changing the Provisions of International Treaties Please evaluate the Greek argument stating that the international regulation regarding to the disarmed status of Eastern Aegean Islands was expired. Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 78-94. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 130-146. Online Source: The United Nations Treaty Collection http://untreaty.un.org/
6 The Sources of International Law Customary Law and General Principles of Law Sub-Titles: Creation of Custom in International Law The Constituting Elements of a Customary Rule The Role of Customary Law in International Law The Characteristics a General Rule of Law The Role of General Principles of Law in International Law Seminar: Turkey does not allow Greece to declare a 12-mile territorial sea in Aegean. However 1982 United Nations Convention on the Law of the Sea allows States to declare a territorial sea up to 12 miles. Evaluate the position of Turkey. Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 98-124. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 39-60. Online Sources: Customary law stated in a General Assembly resolution - the ICJ judgment in Military and Paramilitary Activities (Nicaragua v USA) 1986: http://www.icj-cij.org/docket/index.php?p1=3&p2=3&code=nus&case=70&k=66 And see the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations, UN General Assembly Resolution 2625 (XXV): http://www.un.org/documents/ga/res/25/ares25.htm For an ICJ case looking at a customary rule, see Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium) http://www.icj-cij.org/docket/index.php?p1=3&p2=3&code=cobe&case=121&k=36
7 Visa Exam
8 International Dispute Settlement Sub-Titles: Dispute Resolution in Intl Law: (1) Peaceful Settlement (Pacific Settlement) (2) Use of Force Peaceful Methods: (1) Arbitration: (2) Adjudication (3) Advisory options. (4) Mediation system by notable figure (5) Special Claims Tribunal The International Court of Justice Compulsory Jurisdiction: Art 36(2) Other international Courts and Tribunals: - International Whaling Commission - International Tribunal for the Law of the Sea - International Criminal Tribunal for the Former Yugoslavia - International Criminal Tribunal for Rwanda - International Criminal Court - WTO Dispute Settlement Mechanism - European Court of Justice Seminar: Please evaluate the dispute between China and Japan over the Senkaku Islands and propose a peaceful settlement. Readings: -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 273-300.
9 Personality International Law Personality and Statehood Sub-Titles: The Concept of Personality in Law The Concept of Personality in International Law Subjects (Persons) of International Law State as an International Law Subject The Constituting Elements of Statehood The Role of Recognition in Statehood Different Kind of States in International Law and Legal Consequences Seminar: 1. The Federal System of the United States 2. Evaluate the Palestinian Authority according to the constituting elements of statehood. 3. Please evaluate if Turkey opens all ports to Greek Cypriot ships, does it mean recognition of Greek Cypriot Administration as Republic of Cyprus. 4. Evaluate the status of Taiwan. Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 166-204. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 75-90. Online Sources: Convention on the Rights and Duties of States, Montevideo, 26 December 1933, Article 1 http://www.yale.edu/lawweb/avalon/intdip/interam/intam03.htm Independence and sovereignty - see point 3 of the separate opinion of Judge Anzilotti in the Austro-German Customs Union case (PCIJ) : http://www.icj-cij.org/pcij/index.php?p1=9&p2=3&p3=2&co=A/B41 Compare: Peoples Republic of China, --The Taiwan Question http://www.chinese-embassy.no/eng/ztxw/twwt/default.htm and Government Information Office, Republic of China (Taiwan) http://www.gio.gov.tw/taiwan%2Dwebsite/5%2Dgp/yearbook/06Taiwan-China.htm
10 Personality International Law International Organizations and Other Subjects Sub-Titles: The Concept of International Organization The Limits of the Personality of an International Organization The Rights and Responsibilities of International Organizations The Structure of International Organizations Various Kinds of International Organizations Other Subjects of International Law: Persons etc. Seminar: The Concept of Minorities and their rights in International Law Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 206-299. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 91-106. Online Sources: New Council of Europe Conventions (not yet in force) provide further examples of treaties establishing crimes to be implanted into national legal systems: Council of Europe Convention on the Prevention of Terrorism Warsaw, 16 May 2005 http://conventions.coe.int/Treaty/EN/Treaties/Html/196.htm Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism Warsaw, 16 May 2005 http://conventions.coe.int/Treaty/EN/Treaties/Html/198.htm
11 Sub-Titles: Definition of Territory Rules of International Law Concerning the Territory Rivers, Lakes, Straits and Channels Acquisition of Territory Changes of sovereignty over territory Seminar: Please evaluate the territorial dispute between Pakistan and India over Azad Kashmir. Readings: -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 147-170.
12 Jurisdiction of States Sub-Titles: -Definition of Jurisdiction -Different Types of Jurisdiction -Bases for Claiming Jurisdiction -Criminal Jurisdiction of a State -Civil Jurisdiction of a State -Diplomatic Immunities and Privileges for States and International Organizations Seminar: On what legal grounds may a Turkish Court exercise jurisdiction on Basser El-Esed. Please express your own views. Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 300-337. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 109-117. Online Sources: The Permanent Court of International Justice, Case of the Lotus http://www.icj-cij.org/pcij/serie_A/A_10/30_Lotus_Arret.pdf New Council of Europe Conventions (not yet in force) provide further examples of schemes in treaties providing or regulating criminal jurisdiction: Council of Europe Convention on the Prevention of Terrorism Warsaw, 16 May 2005 http://conventions.coe.int/Treaty/EN/Treaties/Html/196.htm Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism Warsaw, 16 May 2005 http://conventions.coe.int/Treaty/EN/Treaties/Html/198.htm
13 State Responsibility Sub-Titles: Definition of State Responsibility Conditions for an International Responsibility of States Reasons Abolishing the State Responsibility International Measures and International Sanctions Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 436-464. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 254-275. Online Sources: ILC Draft articles on the Responsibility of States for Internationally Wrongful Acts http://untreaty.un.org/ilc/texts/instruments/english/draft%20articles/9_6_2001.pdf On attribution of responsibility for failure to prevent genocide, see ICJ Judgment of 27 February 2007 in Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) http://www.icj-cij.org/docket/index.php?p1=3&p2=3&code=bhy&case=91&k=f4 Settlement of claims: Libyan admission of responsibility and proposals for settlement of claims in respect of the destruction of a Pan Am aircraft over Lockerbie in Scotland are in a letter to the President of the UN Security Council. This is rather different from the usual manner of negotiation leading to settlement of claims http://news.bbc.co.uk/go/pr/fr/-/1/hi/scotland/3155825.stm
14 Diplomatic Law and State Immunity Sub-Titles: Diplomatic Law: -Establishing a diplomatic mission -Members of missions and their immunities -Embassy premises -Communications, the bag and the archives -Remedies: waiver and persona non grata State Immunity: -The basis for the state immunity -Immunity of heads of state and others - Act of state and non-justiciability Seminar: Please evaluate the case of US Diplomats who were held as Hostages in Teheran (1979-1981). Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 339-387. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 118-128. Online Sources: On immunity of States, Heads of States and officials in respect of torture: Jones v. Ministry of the Interior of the Kingdom of Saudi Arabia [2005] Q.B. 699 http://www.bailii.org/ew/cases/EWCA/Civ/2004/1394.html and for HL [2006] UKHL 26 (14 June 2006), see http://www.bailii.org/uk/cases/UKHL/2006/26.html
15 Diplomatic Law: -Establishing a diplomatic mission -Members of missions and their immunities -Embassy premises -Communications, the bag and the archives -Remedies: waiver and persona non grata State Immunity: -The basis for the state immunity -Immunity of heads of state and others - Act of state and non-justiciability Seminar: Please evaluate the case of US Diplomats who were held as Hostages in Teheran (1979-1981). Readings: -Richard K. Gardiner, International Law, Longman Law Series, (2003),pp. 339-387. -Akehurst’s Modern Introduction to International Law, Seventh Edition, (2004), pp. 118-128. Online Sources: On immunity of States, Heads of States and officials in respect of torture: Jones v. Ministry of the Interior of the Kingdom of Saudi Arabia [2005] Q.B. 699 http://www.bailii.org/ew/cases/EWCA/Civ/2004/1394.html and for HL [2006] UKHL 26 (14 June 2006), see http://www.bailii.org/uk/cases/UKHL/2006/26.html
16 General Review
Course Notes/Textbooks Akehurst’s Modern Introduction to International Law, Eighth Edition, (2012) Uluslararası Hukuk Temel Ders Kitabı, Fifth Edition, (2015)
Suggested Readings/Materials Additional readings

 

EVALUATION SYSTEM

Semester Activities Number Weigthing
Participation
Laboratory / Application
Field Work
Quizzes / Studio Critiques
Portfolio
Homework / Assignments
Presentation / Jury
Project
Seminar / Workshop
1
20
Oral Exam
Midterm
1
30
Final Exam
1
50
Total

Weighting of Semester Activities on the Final Grade
1
40
Weighting of End-of-Semester Activities on the Final Grade
1
60
Total

ECTS / WORKLOAD TABLE

Semester Activities Number Duration (Hours) Workload
Course Hours
(Including exam week: 16 x total hours)
16
3
48
Laboratory / Application Hours
(Including exam week: 16 x total hours)
16
Study Hours Out of Class
16
1
16
Field Work
Quizzes / Studio Critiques
Portfolio
Homework / Assignments
Presentation / Jury
21
Project
Seminar / Workshop
Oral Exam
Midterms
1
20
Final Exams
1
30
    Total
114

 

COURSE LEARNING OUTCOMES AND PROGRAM QUALIFICATIONS RELATIONSHIP

#
Program Competencies/Outcomes
* Contribution Level
1
2
3
4
5
1

To be able to use the theoretical and practical knowledge acquired in the areas of Political Science and International Relations.

X
2

To be able to have the basic knowledge of, and make use of other disciplines which contribute to the areas of Political Science and International Relations.

3

To be able to distinguish the differences between classical and contemporary theories and to assess their relationship.

4

To be able to recognize regional and global issues, and develop solutions based on research.

X
5

To be able to assess the acquired knowledge and skills in the areas of Political Science and International Relations critically.

6

To be able to transfer ideas and proposals on issues in the areas of Political Science and International Relations to other people and institutions verbally and in writing.

7

To be able to identify the historical continuity and changes observed in the relations between the actors and institutions of national and international politics.

8

To be able to examine concepts, theories, and developments with scientific methods in the areas of Political Science and International Relations.

9

To be able to take responsibility as an individual and as a team member.

X
10

To be able to act in accordance with the scientific and ethical values in studies related to Political Science and International Relations.

11

To be able to collect data in the areas of Political Science and International Relations and communicate with colleagues in a foreign language ("European Language Portfolio Global Scale", Level B1).

12

To be able to speak a second foreign at a medium level of fluency efficiently.

13

To be able to relate the knowledge accumulated throughout human history to their field of experience.

*1 Lowest, 2 Low, 3 Average, 4 High, 5 Highest