00230 - International Law (D-L)

Learning outcomes

The course is aimed at introducing students to the fundamental tenets of contemporary international law.

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, the 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 touch upon 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 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 an International Legislature

– Modern International Society: Universalism and Consensualism

– Traditional Customary International Law

– Treaty Law as Integrative of or Alternative to Customary International Law: Codification and Custom as Tacit Agreement

– Recent Developments in the Sources of International Law

– The Formation of Unwritten International Law

– Custom

– General Principles

– Formation and Validity of Treaties

– “Soft Law”

– Stability and Change of International Rules

– Law–makers and Addresses of International Rules

– States as Subjects of International Law

– Intergovernmental Organizations

– Civil Society and NGOs

III. Ascertainment, Enforcement, (Non–)Observance of International Law

– Actors Ascertaining and Enforcing International Rules

– States: Interactions among Legislative, Administrative and Judicial Organs

– Intergovernmental Organizations: Settlement of Disputes Between States and Judicial Review over the Acts of the Organization

– Role of NGOs

– Judicial and Diplomatic Means of Dispute Settlement

– The Ascertainment of International Criminal Law

– Individual Criminal Responsibility and State Responsibility

– Basic Principles concerning the Ascertainment and Enforcement of International Rules

– Principles of Treaty Interpretation

– Rules Governing Invocation of Invalidity, Extinction or Suspension of Treaties

– Interpretation and Enforcement of International Custom

– The Role of General Principles in the Interpretation and Enforcement of International Law

– Conflict of Norms: General Principles (lex superior, lex posterior, lex specialis)

– Issues of Inter–temporal Law

– Breaches of the Law, Wrongfulness and International Responsibility

– State Responsibility

– Responsibility of Intergovernmental Organizations

IV. Coercive Enforcement of International Rules

– Spontaneous Observance and Alternative or Preventive Means opposed to Coercive Enforcement

– Self–help

– Countermeasures

– Legitimate Self–Defence

– The United Nations Collective Security System

– Coercive Action in Response to International Terrorism

– Coercive Enforcement of the Judgments of the International Court of Justice

– The Role of Domestic Legal Orders

V. Material law

– Law of the international organizations

– Human Rights Law

– International Environmental Law

– International Law of the Sea

– International Economic Law

– International law of immunities

Readings/Bibliography

General Part:

A. Tanzi, Introduzione al diritto internazionale contemporaneo, CEDAM, Padova, 6a ed., 2019.

Special Part:

a) Elisa Baroncini, La crisi nella composizione dell'Organo d'appello, Wolters Kluwer - Bonomo, 2018, (available before 15 April 2018)

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b) Elisa Baroncini (a cura di), Il diritto internazionale come strumento di risoluzione delle controversie, Bononia University Press, Bologna, 2018 (available before 15 April 2018) 

Teaching methods

Lectures and seminars.

Assessment methods

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

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

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

2. A right answer involves + 1pt.

3. A wrong answer involves 0 pt.

4. A missed answer involves 0 pt.

The written test is passed by correctly answering to at least 10 (ten) of the 15 (fifteen) questions.

Passing the written test is a requirement for admission to the oral examination.

B. Oral test: consisting of 3 questions (two on the general part and one on the special part).

The two part of the examination will be entirely carried out on the same day. At the end of the written test, the results will be immediately corrected and published. The oral examination will begin at 10.30 of each day of examination. The oral exam will follow the alphabetical order of the admitted students.

NB: Students will need to come to the exam with a special recognition and badge.

It is recommended that you reach the classroom at least 10 (ten) minutes before the actual start of the exam. Students will not be admitted to the exam after the end of the appeal.

Teaching tools

materials indicated during the lectures, power point presentations, videos

Office hours

See the website of Elisa Baroncini