40344 - INTERNATIONAL LAW

Learning outcomes

The course gives an introduction to the critical study of the main tenets, the sources and some specific fields of contemporary International law, dedicating a particular attention to the human rights and the humanitarian law. By the end of the course, the student has the basic knowledge and tools to analyze the most significant events which occur within the international community from a legal point of view.

Course contents

· Introduction: the concept of legal order and international law as a legal order. The characteristics that make it unique and the differences with domestic legal systems;

· History of International Law: modern international law (from the Peace of Westphalia to the second half of the 19th century); classical international law (from the second half of the 19th century to the outbreak of the Second World War); contemporary international law (from the end of the Second World War on). Analysis of the most recent trends in the light of current crises (pandemic, war in Ukraine, ‘sovranism’ and the crisis of legitimacy of international organisations);

· The Subjects of International Law: the concept of ‘legal subject’; States and so-called ‘non-State actors’ with a focus on: international organisations and the individual in international law (also highlights National Liberation Movements, non-governmental organisations (NGOs) and multinational corporations);

· The Sources of International Law (I): the concept of ‘source of law’; formal and material sources; sources of production and sources on production; the importance of the will and consent of States in the production of international law; custom as a source of international law; custom, erga omnes and jus cogens;

· The Sources of International Law (II): treaties as sources of international law; formation procedure, reservations, interpretation, effects vis-à-vis third parties, amendments, causes of invalidity, causes of termination/suspension; relationship between custom and treaties;

· The Sources of International Law (III) and the Relationship between International and Domestic Law: general principles of international law; obligations ensuing from international agreements; unilateral acts; soft-law instruments; monism and dualism; the modalities of treaty ratification in Italy; adaptation and contrast (the Ferrini case and sentenza n. 238/2014);

· The International Responsibility of States (I): the work of the ILC; the concept of international responsibility; the elements that make up international responsibility; the subjective element (attribution of conduct); the objective element (the violation and its temporal dimension); the element of damage; the element of fault;

· The International Responsibility of States (II): strict responsibility and causes of exclusion of the unlawfulness of conduct; responsibility and liability; the work of the ILC on liability and the allocation of damage; the concept of due diligence in international law;

· The International Responsibility of States (II): invoking State responsibility; invocation of violation of erga omnes obligations; consequences of the violation: reparation (restitution/ compensation/satisfaction); applying countermeasures? from Arangio-Ruiz to Crawford;

· Peaceful Settlement of International Disputes: the prohibition of the use of force: from the League of Nations to the UN; the means of peaceful settlement of disputes: negotiations, mediation, enquiry, conciliation. Arbitration and the international judicial process;

· Peaceful Settlement of International Disputes (II): The concept of jurisdiction in international law. The forms of manifestation of consent to settle the dispute: arbitration clause, compromis and declaration of unilateral acceptance of jurisdiction;

· Self-Help and the Use of Force (I): countermeasures and their limits. Who can apply countermeasures? Countermeasures and the violation of erga omnes obligations (from Arangio-Ruiz to Crawford);

· Self-Help and the Use of Force (II): The prohibition of the use of force and self-defence. The normative evolution and extension of self-defence to activities carried out by non-State actors; types of self-defence (preventive and collective); the UN and the collective security system: the Security Council, its mechanisms, and critical issues;

· Special Focus (I): Human rights and humanitarian law;

· Special Focus (II): The protection of cultural heritage under international law.

Readings/Bibliography

The course handbook is: Attila Tanzi, A Concise Introduction to International Law (Giappichelli/Eleven 2019).

Further readings will be recommended in the course of the lectures.

 

Teaching methods

The classes will be held in presence.

During the course of the lectures, participation will be encouraged through short presentations and/or work in groups.

Assessment methods

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

Office hours

See the website of Niccolò Lanzoni