1)
The
education of
International Law
includes three theoretical lectures (Monday 10-13 h)
Type of exam: oral. There is one written test in the semester which has to
be passed to have a chance to get to the oral exam.
Chair (Director of undergraduate studies): Prof. Péter Kovács.
2)
This is completed by the alternative course dealing with practical
problems. It means two occasions per week. One group is open for not more than
15 students.
Secretary: dr. Csaba Pákozdy, university assistant.
Fellow lecturers: dr. Tamás Kovács, PhD-student and dr. Eszter Kirs, university
assistant.
Conditions of signature: the activity of students at the lessons and the result
of the written tests.
3)
International Law and Protection of Minorities:
Secretary: Prof. Péter Kovács.
Condition of signature: oral exam.
4)
Introduction
of the jurisdiction at the European Court of Human Rights:
Secretary: dr. Csaba Pákozdy, university assistant.
Fellow lecturer: dr. Eszter Kirs, university assistant.
Condition of signature: oral exam.
5)
Laws of war
(International law of armed conflicts, International Humanitarian Law):
Secretary: dr. Csaba Pákozdy, university assistant.
Condition of signature: oral exam
6)
International Law (in English):
Secretary: Tamás Vince
International Law
1. The aim
of education:
a)
The aim of education of International Law is to reach the situation that
the students, as lawyers of the future, feel themselves at home among the
fundamental institutions of International Law. So the goal is not to train
future diplomats but to show the possibility that a judge, an advocate or a
legal adviser can get into the situation when an international contract must be
applied: they must know the origin of the general and special international
legal obligations of Hungary and the concrete legal sources of them. That is why
the issues related to the conclusion, interpretation of international contracts
play a dominant role.
b)
The lectures follow the themes of education.
2. Written
tests:
a)
One written test is to be passed in the semester. The class writes it at
the same time about subjects of the lectures heard till that time and the other
materials proposed by the Professor.
3.
Conditions of acquirement of signature:
The test
must be passed to end the semester. The date of the signature’s substitution is
on the day of signing the course record. The material for the supplementary test
is the same as for the first one.
b)
If the substitution is not successful the signature can’t be given.
c)
Students can check their tests at date given by the Department.
d)
Giving account: Who did not fulfil the requirements can give an account
with permission of the Study Committee of the Faculty. This occurs before the
deadline given by the Committee in an oral way or at date given by the
Department in a written form about the whole materials of the semester. One must
notify his intent to pass this oral examination at the Office of Administration
in advance.
4. Compulsory
laws and collection of laws:
UN Charter,
Statute of the ICJ, Vienna Convention on law of diplomatic relations (1961),
Vienna Convention on law of contracts (1969), Convention on succession of
states, Convention on the peaceful solution of debates (1907); see them in the
Collection of documents of Public International Law.
5. Character
of the exams:
The exam
occurs in an oral way at dates declared by the Department. At the exam one
theoretical and one practical question must be answered.
The
theoretical questions correspond to the contents of the textbook (Nguyen-Daillier-Pellet-Kovács:
Public International Law). The practical questions are created after
the subsidiary material (Péter Kovács: Introduction of the international
legal and diplomatic practice).
6. Judgement
of exemption requests:
Only those students at
Correspondence Department can receive exemption who passed the exam (at least
with ‘good’ result) at the Faculty of Law at one of the Hungarian universities
not more than 3 years ago.
First
semester (3 lessons per week)
I.
Introduction of
rudiments
1.
General introduction, how to study International Law
2.
Conception and the main elements of International Law (subjects and
sources of International Law)
II.
History of International Law
1.
International Law of Ancient and Middle Ages
2.
From the end of the Middle Ages till the French revolution
3.
Development of International Law (from 1789 till nowadays)
4.
The modern International Law (development of the international community,
transformation of International Law and history of the Science of International
Law)
III.
Theory of International Law
1.
Characteristics of the international legal system (existence and
character of International Law)
2.
Relation between the international legal system and the national legal
systems
3.
Ground of the compulsory characteristics of International Law
IV.
Birth of the International Law in the way of contracts
1.
Conclusion of contracts (creating the text of contract; expression of
recognition of an obligation by the state; placing the contract in international
law)
2.
Some aspects of conclusion of multilateral international contracts
(procedure of creation; growth of the community of contracting states;
institution of depository)
3.
Validity of contracts (conditions of validity; absolute and relative
nullity; procedure of voidance; legal effects of voidance)
4.
Application of contracts (the international legal system and the
enforcement of contracts; the national legal system and the enforcement of
contracts; the legal effects of contracts related to third states)
5.
Interpretation of contracts (authority related to the interpretation;
methods of interpretation)
6.
Application of contracts and conflict of laws (conflict of conventions
following each other; conflict of norms declared in international contracts and
the national laws)
7.
Cessation of norms declared in international contracts (modification of
contracts; cessation and suspension of contracts)
V.
Birth of International Law beyond the way of contracts
1.
Customary law (development of customary law; proofs of customary law;
enforcement of customary law)
2.
General legal principles (legal characteristics of general legal
principles; enforcement of general legal principles)
3.
“Equity”
4.
Unilateral acts (unilateral acts of states; unilateral acts of
international organizations)
5.
Unified acts without the characters of contracts
6.
Means of declaration of laws (doctrine; jurisdiction)
VI.
The state as a member of the international community
1.
Constitutive elements of the state
2.
Sovereignty (fundamental elements of sovereignty; legal effects; theory
of “reserved authority” of states)
3.
Units with debated statehood (Vatican; towns of an international
character)
4.
Authority of states (authority of state inside and outside its borders)
5.
Development of the state (right of nations for self-determination; birth
of a new state outside the system of decolonization)
6.
Acquisition and loss of territories (ways of acquisition of state-owned
and non-state territories)
7.
Succession of statehood (fundamental elements of succession; system of
rules related to the succession)
8.
Recognition (recognition of statehood; recognition of government; other
cases of recognition)
Second
semester (3 lessons per week)
VII.
General theory of
international organizations
1.
Fundamental questions related to international organizations (birth,
legal entity and authority of international organizations)
2.
Structure and work of international organizations (governmental
organizations; organizations of international agents; organizations with
representation of forces of politics, economy and society)
VIII.
The individuals in the International Law
1.
Criminal responsibility of individuals in the International Law
(responsibility of individuals for crimes conducted as private persons and as
public officers)
2.
International legal protection of individuals (international legal
protection of Human Rights; international protection for definite categories of
individuals)
IX.
International Law of International Relations
1.
Diplomatic and consular relations
2.
International responsibility of states (responsibility in the case of
violation of International Law and activity compatible with International Law;
damage and complainant; legal effects of responsibility)
3.
The non-judicial way for settlement of international disputes (in the
frame of states’ relations; in the international organizations)
4.
The judicial way for settlement of international disputes (arbitrary;
permanent judicial bodies; the International Court of Justice; international
courts with restricted authority)
X. Using
force in international relations
1.
Limits and the principle of prohibition of application of force
2.
Enforcement of non-military force-measures
3.
International Law of Armed Conflicts (relations of parties to the
conflict; right of neutrality)
4.
Ensure of international peace and security (security and collective
measures in the United Nations; arm-controlling measures)
XI. The
international rules of international economy
1.
Institutions of international law related to economy (main roles and
rules of economical relations)
2.
International law in the field of monetary and financial relations
3.
International traffic of goods and services and the Public International
Law
XII.
International Law of areas
1.
The sea (areas of sea belonging to the states: internal waters,
territorial sea, archipelagos, straits, contiguous zone, exclusive economic
zone, continental shelf; areas of seas belonging not to the states: high seas
and the “zone”)
2.
International channels and rivers
3.
International rivers and lakes
4.
The air space and the rules of International Law
5.
The space and the rules of International Law