40344 - International Law

Learning outcomes

The course provides a general overview of the law applicable to the relations between States and its evolution, highlighting the specific features of International Law with respect to the positive legal disciplines in force within the Italian legal system. By the end of the course, students will have acquired the basic knowledge and tools to analyze the most significant events that occur within the international community from a legal perspective.

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:

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

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

Readings/Bibliography

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

The final assessment will consist of an oral examination on the course programme.

The ability of the student to achieve a coherent and comprehensive understanding of the topics addressed by the course, to critically assess them and to use an appropriate language will be evaluated with the highest grades (A = 27-30 con lode).

A predominantly mnemonic acquisition of the course's contents together with gaps and deficiencies in terms of language, critical and/or logical skills will result in grades ranging from good (B = 24-26) to satisfactory (C = 21-23).

A low level of knowledge of the course’s contents together with gaps and deficiencies in terms of language, critical and/or logical skills will be considered as ‘barely passing' (D = 18-20) or result in a fail grading (F).

Learning Objective of the Final Examination

At the end of the course, students demonstrate a comprehensive and in-depth knowledge of the course program by clearly and accurately answering three main questions during the oral examination.

Teaching tools

Students with learning disorders and/or temporary or permanent disabilities: please contact the office responsible (https://site.unibo.it/studenti-con-disabilita-e-dsa/en/for-students ) as soon as possible so that they can propose acceptable adjustments. The request for adaptation must be submitted in advance (15 days before the exam date) to the lecturer, who will assess the appropriateness of the adjustments, taking into account the teaching objectives.

Office hours

See the website of Elisa Baroncini