INTERNATIONAL LAW

Jorge Enrique Vinuales, JOHANNES ANTONIUS MARIA KLABBERS

Instructional goals

The main objectives of the Course are the development of the students’ understanding and knowledge of International law, and the strengthening of their ability to interact at the required levels (research, study, professional work) on the main subject-matters of the discipline, which permeates the evolution of the contemporary international relations

Prerequisites

None

Intended learning outcomes

Knowledge and understanding: This course covers the foundations (historical evolution and nature, sources and subjects), implementation mechanisms (international responsibility, dispute settlement and enforcement) and specialized regulation (use of force, economic relations, environment and outer space) of international relations. Applying knowledge and understanding: The course will provide students with a critical knowledge of the structure of the international community and the foundation of contemporary international law. They will also be able to frame the current developments of international law in legally appropriate terms. Making judgements: Through the acquisition and application of the international legal tools, the course will provide students with an autonomous capacity of analysis and problem solving from both a theoretical and practical perspectives. Communications Skills: As the course is delivered in English, students will gain a specific language proficiency. They are also required to develop legally correct contents by making reference to the foundations of international law. Learning skills: The course encourages students to critically assess the functioning of the international legal order and to apply their knowledge to the current legal issues. This will be also assessed through the final exam.

Course Contents

This course covers the foundations (historical evolution and nature, sources and subjects), implementation mechanisms (international responsibility, dispute settlement and enforcement) and specialized regulation (use of force, economic relations, environment and outer space) of international relations. The focus is on both enduring foundational concepts and current developments, analysing the latter in the light of the former.

Reference Books

Jan Klabbers, International Law (Cambridge University Press, 4th edn. 2023) (K) Paola Gaeta, Jorge Viñuales, Salvatore Zappalà, Cassese’s International Law (Oxford University Press, 3rd edn. 2020) (G/V/Z)

Teaching Methods

The teaching method is based on classroom-taught lectures, with didactic supports and students interaction, and a case-based seminar every week. This method generates a good level of involvement, fostering interest from the students. Active participation of students is very useful for the preparation of the exam.

Assessment Method

Final written exam

Thesis assignment criteria

Assignment to be decided upon satisfactory results in the exam and good knowledge of the basic principles of international law. Good knowledge of the English language and possibly of a second language.

Week 1

Origins, development and nature of international law (K, chapters 3 and 17; G/V/Z, chapters 1 and 2). Subjects of International law: States and other entities (K, chapter 4; G/V/Z, chapter 4).

Week 2

Sources. Customary international law and its codification. Other sources of international law (K, chapter 2; G/V/Z, chapter 9, chapter 11.4)

Week 3

Sources. The law of the treaties (K, chapter 3; G/V/Z, chapter 10).

Week 4

State sovereignty and its spatial scope (K, chapters 5 and 13; G/V/Z, chapters 5 and 6).

Week 5

The individual in international law. Key features of international human rights law and international criminal law (K, chapter 6; G/V/Z, chapters 18 and 19).

Week 6

International law and domestic legal systems. (K, chapter 16; G/V/Z, chapter 11.2-11.3).

Week 7

Implementation of international law: International Responsibility of States and International Organisations; Aggravated responsibility in contemporary international law (K, chapters 7 and 9; G/V/Z, chapters 12 and 14)

Week 8

Implementation of international law: International dispute settlement, diplomatic and judicial means, adjudication and quasi-adjudication (K, chapter 8; G/V/Z, chapter 13)

Week 9

Fundamental principles: Fundamental principles of international law and their extensions into specialized rules, processes and institutions; The use of force in international law (K, chapter 10; G/V/Z, chapters 3 and 16)

Week 10

International law and the global economy: Overview of the main rules, processes and institutions governing international economic relations, with a focus on trade and investment law; Arbitration of investor-State disputes (K, chapter 15; G/V/Z, chapter 21)

Week 11

International law and the protection of the global environment: Overview of the main principles, processes and institutions governing the protection of the environment; The international law of climate change (K, chapter 14; G/V/Z, chapter 20)

Week 12

The international law of energy: Overview of the main principles, processes and institutions (additional readings)