00230 - International Law (M-Q)

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 course illustrates the law–making, law–determination and law–enforcement of the rules of the International Community.

Specific regard will be devoted to differences and similarities between international law and domestic law. In order to facilitate the understanding of the contents of the course, special focus will be devoted to the past and current social-political events in the International Community.

International law will be presented in its various dimensions, namely: (a) as a source of rules of conduct for States (and their organs) in exercising their sovereignty on international issues; (b) as a communication tool aimed at reaching a consensus or, at least, as a peaceful instrument for managing disagreements; (c) as for a prism through which to look at the current political and social events in the International Community; (d) as a concrete tool to handle changes and challenges and to safeguard of the core stability and predictability of international legal relations;

The course will address 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 the 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 legislature universal law-making organ
• Modern international society between “Internationalism” and “Nationalism”
• Customary international law
• International agreements, treaties of codification and custom as tacit agreement
• General principles of law
• “Soft- law” instruments
• Conflicts and compatibility between international rules
• Subjects of international law: States, intergovernmental and non-governamental organizations.

III. Ascertainment of, Application of and Compliance with International Law

• The role of States and of theirs legislative, administrative and judicial bodies
• Intergovernmental Organizations and the settlement of disputes between States
• The Role of NGOs
• Judicial function and diplomatic settlement of international disputes
• The ascertainment of International Criminal Law
• Individual criminal responsibility and State responsibility
• Basic principles on ascertainment and application of international rules
• Treaty interpretation
• Invalidity, extinction or suspension of treaties
• Interpretation and application of international custom
• General principles in the interpretation and application of international law
• Conflict of rules: lex superior, lex posterior, lex specialis
• Non-compliance, unlawfulness and international responsibility of States and intergovernmental organizations

IV. Execution of International Rules

• Countermeasures
• Self–Defence
• The United Nations collective security system
• The role of domestic legal orders

V. Substantive law

• Human Rights Law
• Environmental Law
• Law of the Sea
• Economic Law
• Law of Immunities
• International Organizations
• Migration law

Readings/Bibliography

A. Tanzi, Introduzione al diritto internazionale contemporaneo, CEDAM, Padova, 7th ed., 2023.

Students enrolled during A.Y. prior to 2022/2023 are required to study the same edition of the textbook.

1-6 ECTs Exam:

1 ECT: A. Tanzi, Introduzione al diritto internazionale contemporaneo, CEDAM, Padua, 7th ed., 2023, Part I.

2 ECTs: A. Tanzi, Introduzione al diritto internazionale contemporaneo, CEDAM, Padua, 7th ed., 2023, Part IV.

3 ECTs: A. Tanzi, Introduzione al diritto internazionale contemporaneo, CEDAM, Padua, 7th ed., 2023, Parts III and IV.

4 ECTs: A. Tanzi, Introduzione al diritto internazionale contemporaneo, CEDAM, Padova, 7th ed., 2023, Parts II, III e IV.

5 ECTs: A. Tanzi, Introduzione al diritto internazionale contemporaneo, CEDAM, Padova, 7th ed., 2023, Parts I, II, III e IV.

6 ECT: A. Tanzi, Introduzione al diritto internazionale contemporaneo, CEDAM, Padova, 7a ed., 2023.

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.

Assessment methods

Final examination consists of an oral examination or, alternatively, a written test.

Therefore, students can choose between these two options:

(a) oral examination, which consists of answering two/three questions; the examination takes place in presence;

b) written examination, which consists of questions with 3 possible answers (1 correct, 2 false); the examination takes place in presence.

The examination will be identical for attending and non-attending students.

The assessment will take into account the student's ability to demonstrate knowledge of the topics, the ability to link the different parts of the syllabus, the ability to carry out legal reasoning by applying the categories of the subject matter, and the language property demonstrated by the ability to use the technical-legal terminology specific to private international law.

Registration for the examination may be carried out via the Almaesami application (https://almaesami.unibo.it/almaesami/welcome.htm).

For students who are in one of the conditions for which online examinations are permitted, in application of the University rules, the written examination will be held on Teams.

Office hours

See the website of Domenico Damascelli