UNIVERSITY OF SAN JOSE-RECOLETOS

SCHOOL OF LAW
UNIVERSITY SCHOOL OF LAW
COURSE SYLLABUS

Course Title: Public International Law Instructor:

No. of Units: 3 Atty. Abraham Rey
Montecillo Acosta
Semester/ SY: Second / 2018-2019
Department/Track:
Pre-requisites:

I. COURSE DESCRIPTION AND OBJECTIVES

This course provides students with an understanding of the system of public international law
which regulates relations between actors on the global stage. Topics include: the nature of
international law; sources of international law, in particular centering on treaty interpretation,
negotiation and compliance, Customary international law and general principles of law. Hard
law and soft law distinctions will also be covered. Participants in the international legal system,
including statehood, legal personality and diplomatic protection; territory; state responsibility;
jurisdiction and immunity; the relationship between international law and Philippine law; the
international law of human rights; the operation of the United Nations system, including the
role of the General Assembly, international dispute settlement and the role of the International
Court of Justice, and the law regulating the use of force and the role of the Security Council.
Further topics will include fact finding, the particular case of international law and the
UNCLOS, and peace through international law.

Learning Outcomes

Upon completion of this course, students will be able to:

1 Develop a knowledge of the nature of public international law and the structure of the
international legal system

2 Define and apply the basic elements of public international law - its sources and subjects,
the recognition and jurisdiction of States in international law and principles of State
responsibility

3 Develop a knowledge of several key areas of ‘public international law’ including the law
surrounding the use of force and human rights and treaty interpretation.

4 Develop a knowledge of how international law influences the development and adaptation
of Philippine domestic law through legislative, executive and judicial action

5 Critically examine the operation and application of international law in practical contexts

6 Develop effective skills, both orally and in writing, in the construction of legal argument
and the independent and self-directed analysis on issues of international law

Methodology

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 1. Socratic Method will be the primary form of teaching. A student will be required to
discuss the rules and cases, guided by questions from the professor. A student must be
prepared to discuss all the cases and articles assigned for the day.
2. Powerpoint presentations will supplement certain sections of the Rules.
3. Students, by groups, will have a moot court competition at the end of the semester.

II. LEARNING RESOURCES

Required Resources

 Nachura and Gatdula, Public International Law, Rex Bookstore

 Magallona, Public International Law, C&E Bookstore

Recommended Resources

 James Crawford, Brownlie’s Principles of Public International Law (Oxford University

Press, 8th ed, 2012).
 Malcolm N Shaw, International Law (Cambridge University Press, 6th ed, 2008).
 Alan Boyle, The Making of International Law (Available at USJR Law Library Reserve)

III. COURSE OUTLINE

Week/Session Topic
Week 1 I. Introduction to International Law
A. International Law as Law
Read:
 United Nations Charter
 Statute of the International Court of Justice
 Air Services Agreement Case
B. The Development of International Law
Week 2 II. The Sources of International Law
Read:
 Statute of the International Court of Justice, Article 38(1)
A. Customary International Law
Read:
 The Case of the SS Lotus
 Fisheries Case (United Kingdom v. Norway)
 Case Concerning Military and Paramilitary Activities in and Against
Nicaragua (Nicaragua v. United States of America), Merits
 Asylum Case (Colombia v. Peru)
 North Sea Continental Shelf Cases (Federal Republic of Germany v.
Denmark; Federal Republic of Germany v. The Netherlands)

Week 3 B. Treaties
Read:
 Vienna Convention on the Law of Treaties
 Reservations to the Convention on the Prevention and Punishment
of the Crime of Genocide
o Dissenting Opinion of Judges Guerrero, McNair, Read, Hsu
Mo

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  In the Matter of the South China Sea Arbitration (Republic of the
Philippines v. People’s Republic of China)

C. General Principles of Law

Read:
 The Diversion of Water from the Meuse
 Case Concerning the Factory at Chorzow
 The Corfu Channel Case
 South West Africa Cases (Ethiopia v. South Africa; Liberia v. South
Africa) Second Phase
 Sea-Land Service, Inc. v. Iran
 Case Concerning The Barcelona Traction, Light and Power
Company, Limited (Belgium v. Spain)
 Case Concerning Delimitation of the Maritime Boundary in the
Gulf of Maine Area (Canada v. United States of America)
 Case Concerning the Continental Shelf (Tunisia v. Libyan Arab
Jamahiriya)
 Land, Island and Maritime Frontier Dispute (El Salvador v.
Honduras; Nicaragua intervening)

D. Judicial Decisions
 Case Concerning Certain Phosphate Lands in Nauru (Nauru v.
Australia)
 Case Concerning The Barcelona Traction, Light and Power
Company, Limited (Belgium v. Spain)
 Case Concerning Maritime Delimitation in the Area Between
Greenland and Jan Mayen (Denmark v. Norway)

E. Writers
 The Renard (1778)

F. General Assembly Resolutions

G. Soft Law
Read:
 Alan Boyle, The making of international law available at USJR Law
School, Reserve Section, Chapter on Soft Law

Week 4 to 15 To be announced.

IV. COURSE REQUIREMENTS AND GRADING SYSTEM

To pass the course, a Final Average of 75% must be obtained, broken down as follows.

Course Grade Breakdown Description

Requirements
At least 4 short 10%
quizzes
Recitation 10% Students who are absent when called will get an
automatic zero for the orals, unless he is
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 randomly called again and is present and able to
recite well.
Prelims 15%
Midterms 25%
Finals 25%
Moot Court Score 15%

V. COURSE POLICIES

 During class sessions, only lesson plan notebooks or similar notebooks are allowed. No
books are allowed on the table. The notebook should contain only the student’s
handwritten work.

 Electronic gadgets and recording devices are strictly prohibited.

 No pass policy during orals. All students called must recite to the best of their abilities.

 Questions related to the re-scoring of bluebooks or exams should be raised to the

attention of the professor within two days from notice that the bluebooks/exams have
been returned to the office. Similarly, questions related to grades should first be
addressed to the attention of the professor within the same time as the previous prior
to seeking other avenues.

 The university policy on absences shall be strictly enforced. If a student has gone
beyond the maximum number of absences, he shall take action accordingly (either
withdraw or be marked with a final grade of 5.0). Excuse letters will only be accepted
for valid reasons, and if duly notarized and in the form of an affidavit with supporting
documents.

 There are times when the professor may come in late. Unless the School of Law gives
advice, no student is expected to leave the classroom until the professor arrives. At any
rate, the professor will advise the School of Law if he will hold classes on a particular
date or not, or whether he will come in late or not. The class president shall also inquire
from the professor whether he will come in or not, if the professor is already late for
more than an hour with no advice being given.

 Other university policies on cheating, plagiarism, dress code, hair cuts, discipline, etc.
shall be strictly enforced. In addition, students are required to come to class in formal
courtroom attire (Suit [navy blue, black, or charcoal gray] and tie, or barong for men,
conservative formal office attire in blue, charcoal gray, or black color scheme for
women)

VI. CONTACT AND OTHER INFORMATION

 Preferred manner of communication is via Facebook’s Group Chat function. All

communications must be coursed through the group chat facility to enable everyone to
participate or know the topic being consulted about. Kindly add to the Group Chat the
professor’s facebook account: Abe Acosta. Please note that proper English spelling and
grammar shall always be maintained on Facebook. No small talks or nonsensical
messages please, and no need to post “Thank you’s” or “noted” or thumbs up. Imagine
receiving 60 messages from different students all saying “Thank you” or “noted”,
thumbs up, and/or similar messages.
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 For inquiries requiring confidentiality, the professor may be approached anytime when
he is in school or at his office address listed below. Kindly note considerations of office
etiquette and time constraints when personally consulting with the professor at his
office. Please schedule a consultation time prior to visiting the office.

A Acosta & Associates

Unit 508C 5/F Keppel Center Building
Cardinal Rosales Avenue corner Samar Loop
Cebu Business Park
Ayala Center
Cebu City, Philippines 6000

L: +63 32 354 9908

M: +63 928 506 3466
E: Abraham@AcostaLaw.ph
W: http://www.AcostaLaw.ph

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