40344 - International Law

Learning outcomes

Students will be introduced to the critical study of the main tenets, the sources and some specific field 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, 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" (LEGS) 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

• International Economic Law
• International Law of the Sea
• Human Rights Law
• International Environmental Law
• International Criminal Law

VIII. International Water Law (IWL)

• Sources of International Water Law: the UN and the UNECE Water Conventions
• Scope of the UN and the UNECE Water Conventions
• Substantial principles of IWL
• Cooperation in IWL
• Human Rights dimension of IWL
• Dispute prevention and settlement
• Relationship between the two Convention

Readings/Bibliography

Module 1 ("Foundations of International Law" (LEGS) and "International Law" (LMCU) students):

A.M. Tanzi, A Concise Introduction to International Law (Giappichelli-Eleven 2019), pp. 1-160 & 205-212.

 

Module 2 ("International Law" (LMCU) students):

• A.M. Tanzi, A Concise Introduction to International Law (Giappichelli-Eleven 2019), pp. 161-203.
• A.M. Tanzi, The Consolidation of International Water Law: A Comparative Analysis of the UN and UNECE Water Conventions (Editoriale scientifica 2017).

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.

Working groups will be constituted in order to deliver presentations on select topics of international law during the course.

The topic addressed by a working group will define one of the questions of the oral exam.

Assessment methods

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

LEGS and LMCU students will take exam only in oral format.

 

Students with 1–3 ECTs program

Students with 1–3 ECTs program will to take the exam exclusively in oral form.

Office hours

See the website of Attila Massimiliano Tanzi

See the website of Ludovica Chiussi Curzi