5.00 credits
30.0 h
Q1
Teacher(s)
Dopagne Frédéric;
Language
English
Content
The course first focuses on the basic mechanisms of diplomatic law (mutual consent, reciprocity, etc.) as well as the functions and duties of diplomatic missions, analyzing some of the legal issues these principles raise when applied in State practice (e.g. composition of the mission, non-interference in the internal affairs, diplomatic asylum, etc.). The specificity of consular posts, special missions and missions to/from international organizations, is examined on this occasion. The interaction with classical issues of general international law is also discussed (government recognition, sanctions, human rights, etc.).
The course then systematically analyzes the existing immunity regimes under international law: State immunity (including the immunities of their instrumentalities, central bank, etc.), diplomatic and consular immunity, immunity of State officials, immunities of international organizations and their agents. Based on the most recent international and domestic case-law, various current legal issues are discussed regarding the scope of the respective immunity (including in cases of human rights violations), its waiver, its conflict with the individual's right of access to a court, the role of the executive branch in immunity questions, and so on. Incidentally, the course goes back over certain issues of general international law such as the identification of customary international law, State responsibility for acts of domestic courts, etc.
Students are called upon to read materials ahead of some of the lectures so as to favour a dynamics of open discussions on specific court cases and current issues.
The course then systematically analyzes the existing immunity regimes under international law: State immunity (including the immunities of their instrumentalities, central bank, etc.), diplomatic and consular immunity, immunity of State officials, immunities of international organizations and their agents. Based on the most recent international and domestic case-law, various current legal issues are discussed regarding the scope of the respective immunity (including in cases of human rights violations), its waiver, its conflict with the individual's right of access to a court, the role of the executive branch in immunity questions, and so on. Incidentally, the course goes back over certain issues of general international law such as the identification of customary international law, State responsibility for acts of domestic courts, etc.
Students are called upon to read materials ahead of some of the lectures so as to favour a dynamics of open discussions on specific court cases and current issues.
Teaching methods
Depending on the evolution of the sanitary situation, the course may be taught, in whole or in part, remotely (online).
Evaluation methods
Oral, in-person exam - in English - if permitted by the sanitary situation.
Other information
Preferably, a basic course on general public international law should have been followed previously.
Online resources
Available on the Moodle page of the course:
- An outline of the course, including references to the analyzed case-law
- The main instruments and court decisions analyzed
- An outline of the course, including references to the analyzed case-law
- The main instruments and court decisions analyzed
Faculty or entity
BUDR
