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 address the following subjects:

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

Readings/Bibliography

• A.M. Tanzi, A Concise Introduction to International Law (3rd ed., Giappichelli-Routledge 2025), Chapters 1-6 (included);
• Mandatory reading materials to be found on Virtuale.

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

Students of “Foundations of International Law” 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 Attila Massimiliano Tanzi