91368 - FOUNDATIONS OF INTERNATIONAL LAW

Learning outcomes

.At the end of the course unit, students: possess a basic knowledge about the structure of the international legal order, with an emphasis on the interactions between sources and the relationships involving the subjects of the international community; are capable to correctly and independently assess, the interaction between sources belonging to different cooperation areas at the international level and can interpret multiple primary sources.

Course contents

The three fundamental legal functions on which the legal dynamics of the international community is founded – law–making, law–determination and law–enforcement – will be analysed within the contemporary social context. International law will be presented in its different dimensions: as a tool in the hand of international actors able to handle change in the international society and safeguard stability and predictability of international legal relations; as common language useful in reaching consensus or, at least, ‘peaceful disagreement’; as key to understanding the reality of contemporary international relations. Bringing together different perspectives, it will be shown how international rules, while made by governments and mostly addressed to them, can be of great relevance to private actors and to their interests. The course will be divided up in 2 modules and will address the following subjects:

 

MODULE 1 ("Foundations of International Law" (EPOS) and "International Law" (LMCU) students)

I. What is International Law

• International Law in Historical and Evolutionary Perspectives
• International Law in Social Context
• Differences and similarities between international and domestic law
• Relativity and Dialectics in the Interpretation of International Rules
• Effectiveness of International Rules: Spontaneous Observance and Forced Compliance

II. Subjects of International Law

• States
• International organizations
• NGOs
• Individuals
• Corporations

III. Making and Changing of International Law

• Absence of an International Legislature
• Treaty Law
• Customary Law
• Relationship between Treaty an Customary Law
• General Principles of Law
• Soft Law

IV. International Law and Domestic Legal Systems

• Monism and Dualism
• Municipal Law before International Adjudicative Bodies
• International Law before Domestic Adjudicative Bodies
• The Doctrine of Incorporation in Common Law Legal Orders
• The ‘Receipt’ of International Law in Civil Law Legal Orders
  
• Legal Nationalism

V. Breaching of International Law

• State Responsibility
• State liability

VI. The International Means of Dispute Settlement

• Diplomatic Means
• Adjudicative Means
• Institutional Means

 

MODULE 2 ("International Law" (LMCU) students)

VII. Areas of material law

• Law of Armed Conflicts
• International Criminal Law and Adjudication
• International Investment Law
• WTO Law
• Law of the Sea
• Human Rights Law
• Migration Law
• International Environmental Law
• Law of Jurisdictional Immunities

Within Module 2, 

within the course, three lectures (6 hourse) will be devoted to the topic “Litigation in International Investment Law Concerning Environmental Issues” within the Jean Monnet Chair Project SustainEUorPlanet “The EU as a Global Actor in the International Law for the Sustainable Development of the Planet – Advancing Fairness, Expanding Accountability and Promoting Security”.

Readings/Bibliography

For "International Law" (LMCU):

• A.M. Tanzi, A Concise Introduction to International Law (3rd ed., Giappichelli-Routledge 2025);
• Mandatory reading materials to be found on Virtuale.

 

For Foundations of International Law” (EPOS) students:

• A.M. Tanzi, A Concise Introduction to International Law (3rd ed., Giappichelli-Routledge 2025), Chapters 1-5 (included).

Teaching methods

Classes will mostly be held by the Lecturer. Seminars involving guest speakers may be organized during the course.

The students are expected to actively participate in the lectures.

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.

Assessment methods

The following assessment methods apply to all students, irrespective of the academic year of enrolment.

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

 

“International Law” (LMCU)

The final examination of “International Law” students from the Laurea Magistrale a Ciclo Unico in Giurisprudenza will be composed of a written preliminary part, and then an oral examination.

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.

 

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.

 

 

“Foundations of International Law” (EPOS)

Students of “Foundations of International Law” and “International Law” from the LEGS and EPOS courses 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.

Office hours

See the website of Gian Maria Farnelli