HUK215

School of Law \ Law

4

6

Compulsory

English

-

Law Undergraduate

Institutional framework of international law, subjects, institutions and sources of international law, international dispute settlement mechanisms and sanctions and mechanisms substituting an international executive body will be explained and evaluated with examples.

The course introduces students to public international law and provides a general introduction to the fundamental principles of public international law, the nature, and structures of the international legal system. It analyses in detail the sources of international law, such as treaties, customary law and general principles of law. The relationship and interaction between international and national laws is also elaborated on in this course. Then, the subjects of international law, i.e. States and non-state actors on the international scene, are examined.

Aybay, Rona & Oral, Elif. Kamusal Uluslararası Hukuk, 2. bası, DER Yay., 2024.
Crawford, James, Brownlie’s Principles of Public International Law, 9th ed., OUP, 2019.
Crawford J. & Koskenniemi M. (eds), The Cambridge Companion to International Law, CUP, 2012.
Evans, Malcolm (ed.), International Law, 5th ed., OUP 2018.
Focarelli, Carlo, International Law, Edward Elgar, 2019.
Gaeta P. & Vinuales J.E. & Zappala S., Cassese’s International Law, 3rd ed., OUP, 2020.
Henriksen, Anders, International Law, OUP, 4th ed., 2023.
Hernández, Gleider. International Law, 2nd ed., OUP, 2022.
Janis, Mark W., International Law, 8th ed., Wolters Kluwer, 2021.
Klabbers, Jan, International Law, 4th ed., CUP, 2023.
Pazarcı, Hüseyin, Uluslararası Hukuk, Turhan Kitabevi, 21. bası, 2022.
Shaw, Malcolm N., International Law, 9th ed., CUP, 2021.

Aim of the course is to acquire fundamental knowledge on the international legal system, its structure, sources, subjects and functions.

1. Compare the nature, institutions, and fundamental principles of international legal system to domestic law systems.
2. Analyse the differences and similarities between domestic laws and international law in a comparative way by giving concrete examples; demonstrates the place of international law under Turkish law in accordance with the practice and judicial decisions.
3. Capable of critically evaluating the sources and subjects of public international law.
4. Manage to settle disputes regarding the drafting, adoption, ratification, entry into force, interpretation, enforcement, and termination of international treaties both in domestic law and international law.
5. Develop comprehensive knowledge on various roles and characteristics of the states and non-state actors participating in international legal interactions.
6. Able to apply and implement the principles and rules on states, jurisdiction, recognition, immunities, and diplomatic and consular relations and manages to settle disputes and conflicts in given case studies.
7. Acquire skills to settle disputes concerning the establishment of international organizations, their functions and powers, and the effect of their decisions in domestic legal orders.
8. Develop their analytical thinking on issues concerning international law, develop skills to follow contemporary developments.

Week 1: Introduction to International Law: History, Nature, Foundations and Functions of International Law
Week 2: Sources of International Law I: Customary International Law, General Principles of International Law, Judicial decisions and doctrine as subsidiary sources, Other Sources of International Law (and international transactions), Soft Law
Week 3: Sources of International Law II: Law of Treaties: Definition, categories, principles, forms, language, conclusion, entry into force; Relationship between municipal law and international law (with reference to Turkish Law)
Week 4: Sources of International Law III: Law of Treaties: Observance, application, interpretation, amendment, modification, invalidity, suspension and termination of the treaties
Week 5: Subjects of International Law I: Introduction to the concept of legal personality
Week 6: Subjects of International Law II: State I - Statehood: Territory, People, Sovereignty
Week 7: Subjects of International Law III: State II - Statehood: Recognition; State Succession
Week 8: Subjects of International Law IV: State III - Jurisdiction and jurisdictional immunities
Week 9: Subjects of International Law V: State IV- Diplomatic and Consular Relations
Week 10: Subjects of International Law VI: International Organizations- Introduction to IOs, One example: UN
Week 11: Subjects of International Law VII: Individuals- Protection of Human Rights, International Criminal Responsibility
Week 12: General evaluation and practical applications

• Midterm 40 %
• Final 60 %