Infopaket

International Law in National Courts

ННД.02

Обов’язкова дисципліна для ОП

Second

2023/2024

1 Semester

3

To know doctrinal approaches to the issue of the relationship and interaction between international and national law and its practical significance; the ways in which the sources of international and national law interact; the peculiarities of the domestic legal regulation and the enforcement practice of foreign States concerning the application of international law in domestic law; the theoretical and practical aspects of the operation of international law in the national legislation of Ukraine; the specifics of the implementation of international human rights standards in Ukraine.

1. Know the basics of academic disciplines “Theory of State and Law”, “History of State and Law of Ukraine and Foreign Countries”, “Public International Law”, “Law of Treaties”, “Contemporary Legal Systems”, “Comparative Constitutional Law”. 2. Be able to analyse and establish the content of the rights and obligations of subjects of international law, and analyse their impact on the national law of individual States. 3. Have basic skills of legal analysis and synthesis, critical thinking, elaboration of a large array of legal material with one’s own conclusions and suggestions.

Thematic plan of the discipline: 1. Practical significance and doctrinal approaches to the relationship and interaction between international and national law 2. The principle of the conscientious fulfilment of international obligations and the internal law of States 3. Sources of international and national law: ways of influencing each other 4. Issues of national law in the law of treaties 5. National law and the practice of foreign States concerning the application of international law in domestic law 6. Regulation of the operation of international law in the national legislation of Ukraine 7. Implementation of international human rights standards in Ukraine

1. Amerasinghe Chittharanjan Felix. Local Remedies in International Law. – Cambridge, 2005. 2. International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion/ Ed. by Dinah Shelton. – Oxford, 2011. 3. Shaheed Fatima. Using International Law in Domestic Courts. – Oxford/Portland, 2005. 4. International and Constitutional Law: Theory and Practice of Interaction / Konyukhova I.A. - M., 2006. 5. Osminin B.I. Acceptance and Implementation by States of International Treaty Obligations. – М., 2006.

Lectures, seminars

Evaluation is carried out according to the modular rating system. Current control: answers (up to 22 points), written assignment (up to 20 points), final modular test (up to 20 points). The form of final control is a final test. The final test is conducted in writing. The student's answer to the final test – up to 40 points.

English