Public International Law

Public International Law

Module 2

Diplomatic and Consular Law

Code: EIKM2

ECTS credit/points: 5

Foreign Languages: English

Course occasions: Autumn 2013/ Spring 2014

Application date: 15 June 2013, 28 February 2014

Learning Outcomes:

The students should obtain the systematic knowledge about the specific of the diplomatic and consular law. The students should be aware of the importance of diplomatic law as a branch of the public international law. The students should be able to resolve simple cases and analyze some chosen judgments of international tribunals in the field of diplomatic law.

Course content:

The Vienna Convention on Diplomatic Relations, 1961

The inviolability of the premises of the mission

The diplomatic bag

The Jurisdictional Immunity of the State (including Cudak v. Lithuania case)

Diplomatic immunities – property

Diplomatic immunities – personal

Consular privileges and immunities: the Vienna Convention on Consular

Relations, 1963

Basics of the Diplomatic Protection (conditions of diplomatic protection, Nottebohm case, Flegenheimer case, A. F. Breard case, LaGrand case, Avena Case)

Literature:

Obligatory reading:

1.  E. Denza, Diplomatic Law, Commentary on the Vienna Convention on Diplomatic Relations, Oxford 1998.

2.  J. L. Kunz., The Nottebohm Judgment, “The American Journal of International Law”, Vol. 54, No. 3 (Jul., 1960).

3.  S. Zappala, Do Heads of State in Office Enjoy Immunity from Jurisdiction for International Crimes? The Gaddafi Case Before the French Cour de Cassation, “European Journal of International Law” 12/2001.

Additionally reading:

1. R. B. Harmon, The Art and Practice of Diplomacy, A Selected and Annotated Guide, New York 1971.

2. E. Borchard, Diplomatic Protection of Citizens Abroad or the Law of International Claims, Buffalo – New York 2003.

3. D. Harris, The Protection of Companies in International Law in the Light of the Nottebohm Case, “The International and Comparative Law Quarterly” Vol. 18, No. 2 (Apr., 1969).

4. James H., The Ambassadors, Oxford 2003.

Assessment: active participation in the lectures (all student are obliged to present for the rest of the auditory the chosen international judgment in the field of diplomatic law).

Forms of study:

Lectures, seminars, case study.

Grades:

2-5 Polish scale

Prerequisites:

General knowledge in the scope of the law of the international relations.

Other Information: course open for international and domestic students

Lecturer: dr Izabela Gawłowicz