00230 - International Law (A-C)

Academic Year 2022/2023

Learning outcomes

Knowledge of international rules and principles governing the relationship between the members of such legal order, as well as their compliance and enforcement mechanisms.

Course contents

The course illustrates the law–making, law–determination and law–enforcement of the rules of the International Community.

Specific regard will be devoted to differences and similarities between international law and domestic law. In order to facilitate the understanding of the contents of the course, special focus will be devoted to the past and current social-political events in the International Community.

International law will be presented in its various dimensions, namely: (a) as a source of rules of conduct for States (and their organs) in exercising their sovereignty on international issues; (b) as a communication tool aimed at reaching a consensus or, at least, as a peaceful instrument for managing disagreements; (c) as for a prism through which to look at the current political and social events in the International Community; (d) as a concrete tool to handle changes and challenges and to safeguard of the core stability and predictability of international legal relations;

The course will address the following subjects:

 

I. Law in International Society

  • International Law in Historical and Evolutionary Perspectives
  • International and Domestic Legal Orders: Analogies and Differences
  • International Law in the Social Context
  • Relativity and Dialectics in the Interpretation of International Rules
  • Effectiveness of International Rules: Spontaneous Observance and Forced Compliance

II. Formation and Transformation of International Law

  • Absence of legislature universal law-making organ
  • Modern international society between “Internationalism” and “Nationalism”
  • Customary international law
  • International agreements, treaties of codification and custom as tacit agreement
  • General principles of law
  • “Soft- law” instruments
  • Conflicts and compatibility between international rules
  • Subjects of international law: States, intergovernmental and non-governamental organizations.

III. Ascertainment of, Application of and Compliance with International Law

  • The role of States and of theirs legislative, administrative and judicial bodies
  • Intergovernmental Organizations and the settlement of disputes between States
  • The Role of NGOs
  • Judicial function and diplomatic settlement of international disputes
  • The ascertainment of International Criminal Law
  • Individual criminal responsibility and State responsibility
  • Basic principles on ascertainment and application of international rules
  • Treaty interpretation
  • Invalidity, extinction or suspension of treaties
  • Interpretation and application of international custom
  • General principles in the interpretation and application of international law
  • Conflict of rules: lex superior, lex posterior, lex specialis
  • Non-compliance, unlawfulness and international responsibility of States and intergovernmental organizations

IV. Execution of International Rules

  • Countermeasures
  • Self–Defence
  • The United Nations collective security system
  • The role of domestic legal orders

V. Substantive law

  • Human Rights Law
  • Environmental Law
  • Law of the Sea
  • Economic Law
  • Law of Immunities
  • International Organizations
  • Migration law

Readings/Bibliography

A. Tanzi, Introduzione al diritto internazionale contemporaneo, CEDAM, Padova, 7th ed., 2023.

Students enrolled during A.Y. prior to 2022/2023 are required to study the same edition of the textbook.

 

1-6 ECTs Exam:

1 ECT: A. Tanzi, Introduzione al diritto internazionale contemporaneo, CEDAM, Padua, 7th ed., 2023, Part I.

2 ECTs: A. Tanzi, Introduzione al diritto internazionale contemporaneo, CEDAM, Padua, 7th ed., 2023, Part IV.

3 ECTs: A. Tanzi, Introduzione al diritto internazionale contemporaneo, CEDAM, Padua, 7th ed., 2023, Parts III and IV.

4 ECTs: A. Tanzi, Introduzione al diritto internazionale contemporaneo, CEDAM, Padova, 7th ed., 2023, Parts II, III e IV.

5 ECTs: A. Tanzi, Introduzione al diritto internazionale contemporaneo, CEDAM, Padova, 7th ed., 2023, Parts I, II, III e IV.

6 ECT: A. Tanzi, Introduzione al diritto internazionale contemporaneo, CEDAM, Padova, 7a ed., 2023.

Teaching methods

Classes will mostly be held by the teacher. He will stimulate interactions with students through questions, in order to ease the understanding of complex issues, or ones at least not immediately understandable.

In parallel to the lessons, one or more practices will take place face to face or online, lasting about 2 hours, consisting in the concise illustration of a topic by the teacher and in the delivering to the students of an open-ended question, in the drafting by students of a written text following the instructions set out above (within the time limits and according to the extension indicated by the teacher), finally in the self-correction by the students following a description by the teacher of the optimal methods and contents of the written answer, leaving the students time for questions and request for verification of any errors.

Seminars may also be organized during the course.

Assessment methods

Final examination will be composed of a written preliminary part, and then an oral examination.

This assessment method applies to all students, irrespective of the academic year of enrolment.

The two parts of the examination will be entirely carried out on the same day. At the end of the written test, the tests will be corrected and the results published.

Students failing the oral exam will have to repeat the written test.

Registration for the exam must be done via Almaesami (https://almaesami.unibo.it/almaesami/welcome.htm ) up to five days before the scheduled date.

 

A. Written test: a multiple–choice test consisting of 15 questions, with a duration of 20 minutes, having the following structure:

Each question will have four (4) possible answers, only one being correct.

- A right answer involves 1pt.

- A wrong or missed answer involves 0 pt.

- The written test is passed by attaining 10 points, that is by answering correctly at least to 10 questions.

Success in the written test is required to take the oral examination. It does not affect the final mark, which stems from the oral exam.

 

B. Oral test: consisting of 3 or more questions.

The oral exam will follow the alphabetical order of the admitted students.

The mark will be given considering the following elements:

- knowledge of institutional profiles;

- the ability to analyse international practice and case law;

- the ability to link the different parts of the course programme;

- the ability to elaborate critical arguments;

- the accuracy of verbal exposure and property of language.

 

 

Students with 1–6 ECTs program

Students with 1–6 ECTs program will have to take the exam exclusively in oral form.

The mark will be given considering the following elements:

- knowledge of institutional profiles;

- the ability to analyse international practice and case law;

- the ability to link the different parts of the course programme;

- the ability to elaborate critical arguments;

- the accuracy of verbal exposure and property of language.

Teaching tools

Power Point Slides  will be uploaded on Virtuale. 

Office hours

See the website of Attila Massimiliano Tanzi

SDGs

Quality education Clean water and sanitation Climate Action Peace, justice and strong institutions

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.