40344 - International Law

Academic Year 2022/2023

Learning outcomes

Knowledge of international rules and principles governing the relationship between the members of such legal order, as well as their compliance and enforcement mechanisms.

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 & EPOS) 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) and “International Law” (LEGS) 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 & EPOS) and “International Law” (LMCU) students):

A.M. Tanzi, A Concise Introduction to International Law (2nd ed., Giappichelli-Eleven 2023), Chapters 1-6 and Conclusions.

 

Module 2 (“International Law” (LMCU) and “International Law” (LEGS) students):

  • A.M. Tanzi, A Concise Introduction to International Law (2nd ed.; Giappichelli-Eleven 2023), Chapter 7
  • 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 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 following assessment methods apply to all students, irrespective of the academic year of enrolment.

Registration for the exam must be done via Almaesami (https://almaesami.unibo.it/almaesami/welcome.htm ) up to five days before the scheduled date.

 

“International Law” (LMCU)

The final examination of “International Law” students from the Laurea Magistrale a Ciclo Unico in Giurisprudenza will be composed of a written preliminary part, and then an oral examination.

The two parts of the examination will be entirely carried out on the same day. At the end of the written test, the tests will be corrected and the results published.

Students failing the oral exam will have to repeat the written test.

 

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

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

- A right answer involves 1pt.

- A wrong or missed answer involves 0 pt.

- The written test is passed by attaining 10 points, that is by answering correctly at least to 10 questions.

Success in the written test is required to take the oral examination. It does not affect the final mark, which stems from the oral exam.

 

B. Oral test: consisting of 3 or more questions.

The oral exam will follow the alphabetical order of the admitted students.

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.

 

 

“Foundations of International Law” (LEGS & EPOS) and “International Law” (LEGS)

Students of “Foundations of International Law” and “International Law” from the LEGS and EPOS courses 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

See the website of Ludovica Chiussi Curzi

SDGs

Quality education Clean water and sanitation Affordable and clean energy Climate Action

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.