国际法教案.docx

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