- Code
- LAW 301
- Name
- E Drejte Ndërkombëtare Publike I
- Semester
- Lecture hours
- 3.00
- Seminar hours
- 0.00
- Laborator hours
- 0.00
- Credits
- 3.00
- ECTS
- 6.00
- Description
-
Public international law consists of the entirety of customs and international legal norms that regulate international legal relations among subjects of international law. The course covers the evolution, understanding, concepts, principles, sources, subjects, institutions, and institutes of public international law, etc. Important aspects include jus cogens norms, international acts of the UN, as well as other acts that protect human rights.
- Objectives
-
The objectives of the course are to provide students with a deepening and expansion of their knowledge of public international law and its elements, both theoretically and practically. Additionally, an objective is to educate them in resolving issues peacefully while protecting freedoms and human rights.
- Java
- Tema
- 1
- Foundations and Historical Evolution of Public International Law. Students will be introduced to the structure and format of the lectures, attendance requirements, course content, and literature, as well as the assessment methods. The topic addresses perspectives regarding the origin of public international law and its evolution through various historical and legal stages. Relevant Literature: 1) Malcolm D. Evans, International Law, Oxford University Press; Sixth edition (September 25, 2024), Part I: The History and Theory of International Law. 2) Arben Puto, Public International Law, Tirana, Dudaj Publications, 2010, pp. 34-46, 52-54, 58-69, 70-79, 83-88. 3) Zejnullah Gruda, Public International Law, Pristina, University of Pristina, 2013, pp. 24-54.
- 2
- The object and characteristics of public international law, and the distinction from other branches of law. The topic presents and analyzes the object of public international law, its main characteristics, and highlights the differences between this branch of law and other legal fields. Relevant Literature: 1) Jan Klabbers, International Law, Cambridge University Press; 4th edition (January 11, 2024), pp. 3-22. 2) Arben Puto, Public International Law, Tirana, Dudaj Publications, 2010, pp. 5-12, 32-33. 3) Zejnullah Gruda, Public International Law, Pristina, University of Pristina, 2013, pp. 3-19.
- 3
- International Legal Institutes and Institutions. The topic addresses the institutes and institutions of public international law according to their content and significance. Institutions covered include, among others: the League of Nations, the United Nations, international judicial institutions, etc. The topic also analyzes the codification of international law. Relevant Literature: 1) Jan Klabbers, International Law, Cambridge University Press; 4th edition (January 11, 2024), pp. 153-180. 2) Malcolm N. Shaw, International Law, Cambridge University Press, 9th edition (September 23, 2021), pp. 1133-1176. 3) Arben Puto, Public International Law, Tirana, Dudaj Publications, 2010, pp. 22-27, 36-43, 46-52, 55-58, 69-70, 470-503. 4) Zejnullah Gruda, Public International Law, Pristina, University of Pristina, 2013, pp. 64-69, 345-417.
- 4
- The Nature of International Law and Its Relationship with Domestic Law. The topic addresses the nature, role, importance, and applicability of international law as a legal system. It also discusses the operation of international norms within the domestic sphere and the binding nature of certain international legal norms. Relevant Literature: 1) Malcolm N. Shaw, International Law, Cambridge University Press, 9th edition (September 23, 2021), pp. 1-36. 2) Martin Dixon, International Law, Tirana, AiiS, 2011, pp. 35-61. 3) Arben Puto, Public International Law, Tirana, Dudaj Publications, 2010, pp. 12-15, 26-32. 4) Zejnullah Gruda, Public International Law, Pristina, University of Pristina, 2013, pp. 19-24.
- 5
- Sources of Public International Law The topic addresses the notion, categories, and elements of the sources of public international law (treaties, custom, general principles of law, judicial decisions, decisions of international organizations, soft law norms, doctrine, and jurisprudence). Relevant Literature: 1) Martin Dixon, International Law, Tirana, AiiS, 2011, pp. 61-97. 2) Malcolm N. Shaw, International Law, Cambridge University Press, 9th edition (September 23, 2021), pp. 58-110. 3) Arben Puto, Public International Law, Tirana, Dudaj Publications, 2010, pp. 15-26. 4) Zejnullah Gruda, Public International Law, Pristina, University of Pristina, 2013, pp. 54-64.
- 6
- Subjects of Public International Law The topic provides a definition of the term international subjects, analyzes their types and characteristics, and discusses their status, importance, rights, and obligations. Relevant Literature: 1) Jan Klabbers, International Law, Cambridge University Press; 4th edition (January 11, 2024), pp. 71-98. 2) Malcolm D. Evans, International Law, Oxford University Press; Sixth edition (September 25, 2024), Part III: The Subjects of the International Legal Order. 3) Malcolm N. Shaw, International Law, Cambridge University Press, 9th edition (September 23, 2021), pp. 179-242. 4) Martin Dixon, International Law, Tirana, AiiS, 2011, pp. 169-172. 5) Arben Puto, Public International Law, Tirana, Dudaj Publications, 2010, pp. 89-103. 6) Montevideo Convention on the Rights and Duties of States, 1933. 7) Zejnullah Gruda, Public International Law, Pristina, University of Pristina, 2013, pp. 59-78.
- 7
- State Sovereignty According to International Law This topic presents the meaning and characteristics of state sovereignty under public international law. It argues the importance and types of sovereignty, including limited state sovereignty, territorial sovereignty, and independence, among others. Relevant Literature: 1) Arben Puto, Public International Law, Tirana, Dudaj Publications, 2010, pp. 103-111. 2) Martin Dixon, International Law, Tirana, AiiS, 2011, pp. 221-225. 3) Malcolm D. Evans, International Law, Oxford University Press; Sixth edition (September 25, 2024), Part IV. The Scope of Sovereignty.
- 8
- Forms of International Legal Dependency and Special Privileges This topic addresses the meaning, elements, and forms of international legal dependency, including vassalage, protectorates, the regime of capitulations, international mandates, and international guardianship. Additionally, it examines special privileges, focusing on capitulations. Relevant Literature: 1) Arben Puto, Public International Law, Tirana, Dudaj Publications, 2010, pp. 111-130. 2) Zejnullah Gruda, Public International Law, Pristina, University of Pristina, 2013, pp. 128-136.
- 9
- Midterms.
- 10
- Forms of Unification and Separation of States According to International Law and Practice, and Their Legal Status This topic analyzes the forms of state unification, including personal union, real union, confederation, federation, Commonwealth, community (such as the European Union), Council of Europe, microstates, and others. It also addresses states with disputed status. Relevant Literature: 1) Arben Puto, Public International Law, Tirana, Dudaj Publications, 2010, pp. 130-166. 2) Zejnullah Gruda, Public International Law, Pristina, University of Pristina, 2013, pp. 121-128.
- 11
- The Importance of International Recognition for the State and Government This topic addresses the meaning and significance of international recognition for a state and its government. It explores the theories of recognition, the methods and forms of recognition, as well as the distinction between the international recognition of the state and that of the government, including a focus on the Albanian state. Relevant Literature: 1) Malcolm N. Shaw, International Law, Cambridge University Press, 9th edition (September 23, 2021), pp. 377-416. 2) Arben Puto, Public International Law, Tirana, Dudaj Publications, 2010, pp. 167-190. 3) Martin Dixon, International Law, Tirana, AiiS, 2011, pp. 177-178, 186-192, 201. 4) Montevideo Convention on the Rights and Duties of States 1933. 5) Zejnullah Gruda, Public International Law, Pristina, University of Pristina, 2013, pp. 78-92.
- 12
- Principles, Types, and Elements of State Jurisdiction This topic addresses the concept of state jurisdiction, analyzing its principles and types, including territorial jurisdiction, nationality jurisdiction, universal jurisdiction, protective jurisdiction, passive jurisdiction, and jurisdiction over individuals captured in violation of international law, among others. Relevant Literature: 1) Jan Klabbers, International Law, Cambridge University Press; 4th edition (January 11, 2024), pp. 98-117. 2) Malcolm N. Shaw, International Law, Cambridge University Press, 9th edition (September 23, 2021), pp. 555-651. 3) Martin Dixon, International Law, Tirana, AiiS, 2011, pp. 205-219. 4) Zejnullah Gruda, Public International Law, Pristina, University of Pristina, 2013, pp. 102-121.
- 13
- Responsibility of International Organizations and States According to International Law This topic addresses the meaning, emergence, and characteristics of the responsibility of international organizations and states, as well as general issues, types, subjects, consequences, and compensation for damages arising from the failure to fulfill responsibilities. Relevant Literature: 1) Jan Klabbers, International Law, Cambridge University Press; 4th edition (January 11, 2024), pp. 136-153, 180-199. 2) Malcolm N. Shaw, International Law, Cambridge University Press, 9th edition (September 23, 2021), pp. 677-739. 3) Malcolm D. Evans, International Law, Oxford University Press; Sixth edition (September 25, 2024), Part V. Responsibility; Part VI. Responding to Breaches of International Obligations. 4) Martin Dixon, International Law, Tirana, AiiS, 2011, pp. 324-363. 5) Arben Puto, Public International Law, Tirana, Dudaj Publications, 2010, pp. 190-209. 6) Zejnullah Gruda, Public International Law, Pristina, University of Pristina, 2013, pp. 136-159.
- 14
- The Importance of International Legal Acts, Decisions, and Actions for the Protection of Human Rights This topic presents the meaning of human rights and the historical development of acts, decisions, and actions related to these rights. It analyzes the different human rights systems (such as those of the UN, European Union, and OSCE, as well as the American and African systems). It also addresses the decisions of courts and the actions of international bodies in the protection of human rights. Relevant Literature: 1) Jan Klabbers, International Law, Cambridge University Press; 4th edition (January 11, 2024), pp. 117-136, 335-347. 2) Malcolm N. Shaw, International Law, Cambridge University Press, 9th edition (September 23, 2021), pp. 242-329. 3) Arben Puto, Public International Law, Tirana, Dudaj Publications, 2010, pp. 209-236. 4) Zejnullah Gruda, Public International Law, Pristina, University of Pristina, 2013, pp. 417-447. 5) Martin Dixon, International Law, Tirana, AiiS, 2011, pp. 442-463.
- 15
- Resolution of Disputes and Weaknesses of Public International Law This topic addresses the importance of peaceful means for resolving international disputes. It analyzes extrajudicial tools such as negotiations, good offices, mediation, investigations (inquiries), and reconciliation, as well as judicial means, including arbitration and international courts. Additionally, it examines the weaknesses of public international law in effectively addressing and resolving conflicts. Relevant Literature: 1) Malcolm D. Evans, International Law, Oxford University Press; Sixth edition (September 25, 2024), Part VII. The Application of International Law. 2) Martin Dixon, International Law, Tirana, AiiS, 2011, pp. 363-404. 3) Zejnullah Gruda, Public International Law, Pristina, University of Pristina, 2013, pp. 475-525.
- 16
- Final Exam
- 1
- At the conclusion of the course "Public International Law I," students will understand the fundamental concepts of public international law.
- 2
- Students will analyze the principles, sources, institutions, and organizations of public international law.
- 3
- Students will argue the distinction between domestic law and public international law.
- 4
- Students will understand the process of state creation and functioning according to international law, as well as the importance of sovereignty and international recognition for a state.
- 5
- Students will argue and analyze the significance of human rights.
- 6
- Students will master the legal terminology related to the subject.
- 7
- Students will have a broad understanding of public international law.
- 8
- Students will analyze the forms of international legal dependency, etc.
- Quantity Percentage Total percent
- Midterms
- 1 20% 20%
- Quizzes
- 0 0% 0%
- Projects
- 1 20% 20%
- Term projects
- 0 0% 0%
- Laboratories
- 0 0% 0%
- Class participation
- 1 10% 10%
- Total term evaluation percent
- 50%
- Final exam percent
- 50%
- Total percent
- 100%
- Quantity Duration (hours) Total (hours)
- Course duration (including exam weeks)
- 16 3 48
- Off class study hours
- 14 4 56
- Duties
- 1 10 10
- Midterms
- 1 15 15
- Final exam
- 1 21 21
- Other
- 0 0 0
- Total workLoad
- 150
- Total workload / 25 (hours)
- 6.00
- ECTS
- 6.00