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, 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. 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
• European Union Law and the law of its Member States
• 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. 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 inIWL
• Human Rights dimension of IWL
• Dispute prevention and settlement
• Relationship between the two Conventions

Readings/Bibliography

For students enrolled after A.Y. 2015/2016 (included):

• A. Tanzi, International Law. A Concise Introduction, Bonomo, Bologna, 2017.
• A. Tanzi, The Consolidation of International Water Law: A Comparative Analysis of the UN and UNECE Water Conventions, Editoriale scientifica, Napoli, 2016.

For students enrolled before A.Y. 2015/2016 (excluded):

• M. D. Evans (ed.), International Law, Oxford University Press, Oxford, 2014 (Parts II, III, IV para. 11, V para. 15, VI para. 20, VII para. 24).
• A. Tanzi, F. Cristani (eds.), International Investment Law and Arbitration. An Introductory Casebook, CEDAM, Padova.

Teaching methods

The course will consist of 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 start around 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.

 

Students enrolled before A.Y. 2014/2015:

Students enrolled before A.Y. 2014/2015 (included) will be allowed to take the exam exclusively in oral form. See the “Readings/Bibliography” section on the matter at hand.

Office hours

See the website of Attila Massimiliano Tanzi