国际法教案.docx
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国际法教案.docx
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国际法教案
目录
导论
第一节国际法概述·······················································································································4
一、国际法的概念···················································································································4
二、国际法的特征···················································································································4
三、国际法的历史发展···········································································································4
四、国际法的基本原则···········································································································5
五、国际法的主要内容···········································································································5
第二节国际法专题概述···············································································································6
一、选题考虑···························································································································6
二、本课程研究的五个专题···································································································6
第三节学习和研究的方法···········································································································6
一、历史唯物主义和辩证唯物主义·······················································································6
二、理论联系实际、实事求是的方法···················································································6
三、矛盾分析法·······················································································································6
四、历史分析法·······················································································································6
五、系统科学的方法···············································································································6
六、案例分析法·······················································································································7
第一章全球化与国际法
第一节全球化的基本问题···········································································································7
一、马克思恩格斯关于全球化的预见···················································································7
二、经济全球化·······················································································································7
三、全球化进程中的其他因素·······························································································8
四、全球化的利弊分析···········································································································9
第二节全球化与国际法···············································································································9
一、全球化与法律的回应·······································································································9
二、全球化与国际法·············································································································10
第三节案例分析·························································································································10
一、次贷危机与全球经济危机·····························································································10
二、金砖四国与金钻11国··································································································11
第二章国际法基本原则及其在实践中的运用
第一节国际法基本原则·············································································································12
一、国际法基本原则概述·····································································································12
二、国际法基本原则的内容································································································13
三、国际法基本原则的作用································································································13
第二节国际法基本原则与当代国际关系·················································································14
一、当代国际关系热点问题·································································································14
二、国际法基本原则在实践中的运用·················································································14
第三节案例分析·························································································································15
一、国际恐怖主义与反恐国际合作·····················································································15
二、欧美“有关西藏决议案”违背国际法基本原则·························································15
第三章国际组织法专题
第一节国际组织法概述··············································································································16
一、国际组织概述··················································································································16
二、国际组织的类型··············································································································17
三、国际组织的法律地位······································································································18
四、国际组织法······················································································································19
第二节国际组织在传统安全与非传统安全中的作用······························································19
一、传统安全··························································································································19
二、非传统安全······················································································································19
三、国际组织在传统安全与非传统安全中的作用······························································20
第三节部分国际组织研究··········································································································21
一、普遍性国际组织:
国际联盟和联合国··········································································21
二、区域性国际组织:
欧盟和东盟······················································································21
三、职能性国际组织:
欧佩克、APEC················································································21
四、非政府间国际组织:
国际奥委会、博鳌亚洲论坛·······················································21
第四节案例分析··························································································································21
一、国际经济协作组织:
从G7、G8到G20······································································21
二、从印度洋海啸和汶川大地震看国际组织的作用·························································22
第四章外交关系法专题
第一节外交与外交关系法概述··································································································22
一、外交··································································································································22
二、外交关系法·····················································································································22
第二节有关外交关系和领事关系的国际公约·········································································22
一、维也纳外交关系公约······································································································22
二、维也纳领事关系公约······································································································23
第三节案例分析··························································································································25
一、对海南渔民的领事保护··································································································25
二、各国驻广州总领事馆在海南的活动··············································································25
第五章国际争端的解决
第一节国际争端概述················································································································26
一、国际争端························································································································26
二、解决国际争端的基本原则····························································································26
三、解决国际争端的方法····································································································28
第二节案例分析························································································································28
一、卢旺达大屠杀················································································································28
二、国际法院的运作与作用································································································29
导论
第一节国际法概述
本节内容系本科阶段国际法必修课应掌握的基本内容,在国际法专题课程开课时进行简要回顾、复习,为国际法专题课程做一个引导和铺垫。
一、国际法的概念
InternationalLaw/PublicInternationalLaw
国际法是指调整国际法主体之间、主要是国家之间关系的,有法律拘束力的原则、规则和规章制度的总体。
二、国际法的特征
(一)主体
主要是国家;还有国际组织等。
个人是不是国际法主体?
(二)制定方式
主要是通过国家间的协议来制定。
国际上没有凌驾于国家之上的机关来制定国际法。
(三)调整对象
国际关系,主要是国家之间的关系。
(四)强制力
通过自我约束和相互约束来强制实施。
国际法是不是弱法?
国际法与国内法的特征比较(讨论):
相同、不同。
从上述特征对比分析。
三、国际法的历史发展
历史分期:
古代和中世纪国际法:
15、16世纪以前
近代国际法:
1500年前后至20世纪初
现代国际法:
20世纪初起
(一)古代国际法
1.时间段:
15、16世纪以前
这一时期社会历史发展状况和特点(课外阅读:
世界史和中国史相关部分)。
2.国际法的萌芽
欧州:
古希腊、古罗马。
小国林立,使节法、条约法、战争法、海洋法萌芽。
中国:
春秋战国时期的交往规则。
“两国交兵,不斩来使。
”使节法、战争法萌芽。
3.古代国际法的特点
(1)国际规则是零散、分散、地区性的,国际法处于萌芽状态或初级阶段。
(2)国际法规则主要表现在使节法、条约法、战争法、海洋法等领域。
(二)近代国际法
1.时间段:
1500年前后至20世纪初
这一时期社会历史发展状况和特点(课外阅读:
世界史、国际关系史相关部分)。
2.近代国际法的产生
欧洲三十年战争:
1618-1648年。
1643-1648年威斯特伐利亚公会。
1648年威斯特伐利亚和约:
背景、主要内容、意义。
3、近代国际法的特点
(1)国际法主体:
主权国家。
局限性:
主要指欧洲“文明国家”。
(2)战争的法律地位:
合法性,承认国家的战争权。
(3)国际法的范围扩大且内容不断完善:
海洋法、外交关系法、条约法、国际组织、和平解决国际争端、战争法等。
(三)现代国际法
1.时间段:
20世纪初起
现代史的特征(课外阅读:
世界现代史、中国现代史相关部分)。
2.现代国际法的特征
(1)国际法主体增加:
国家、国际组织、争取独立的民族。
其他:
跨国公司?
个人?
(2)国际法的部门增加:
国际组织法、国际环境法、国际航空法、外层空间法、人权的国际保护等。
(3)战争的法律地位发生变化:
禁止侵略战争,禁止非法使用武力和武力相威胁。
(4)和平解决国际争端原则等一系列现代国际法基本原则确立。
四、国际法的基本原则(见本讲义第二章)
五、国际法的主要内容(参阅教科书目录部分)
(一)国际法概论
(二)国际法基本原则
(三)国际法的主体
(四)国际法上的国家
(五)国际法上的居民
(六)国家领土
(七)国际海洋法
(八)空间法
(九)国际环境法
(十)国际组织法
(十一)外交关系和领事关系法
(十二)国际经济法
(十三)人权的国际保护
(十四)条约法
(十五)国家责任
(十六)国际争端的解决
(十七)战争法
随着国际社会及国际法的发展,国际法的一些部门法已逐渐独立为专门的学科,如国际经济法,一些新的部门法也在产生和发展之中。
第二节国际法专题课程概述
一、选题考虑
(一)注重理论与实践的结合。
(二)涉及国际法中的重要问题。
(三)涉及国际关系、外交关系中的现实问题、热点问题。
二、本课程研究的五个专题
本课程在本科阶段国际法必修课的基础上,选择五个专题进行学习和研究,共五章。
第一章全球化与国际法
第二章国际法基本原则及其在实践中的运用
第三章国际组织法专题
第四章外交关系法专题
第五章国际争端的解决
第三节学习和研究的方法
一、历史唯物主义和辩
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