INTERNATIONAL LAW

Zachary Douglas

Instructional goals

The main objective of the course is the development of the students’ understanding and knowledge of international law and its function in the conduct and regulation of international relations and global affairs. The course will provide a foundation for students to pursue further research, study or professional activities in disciplines associated with international law.

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 some specific areas of international regulation (human rights, use of force, economic relations and the environment). Applying knowledge and understanding: The course will provide students with a knowledge of the structure of the international community and the foundations of contemporary international law. They will also be able to frame current global affairs through the prism of international law. 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 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 master the specialist vocabulary and concepts 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 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 some specific areas of international regulation (human rights, use of force, economic relations and the environment). The focus is on both enduring foundational concepts and current developments, analysing the latter in the light of the former.

Reference Books

Readings will be selected from leading introductory texts, including: A. Clapham, Brierly’s Law of Nations (2012); J. Klabbers, International Law (2021, 3rd edn); P. Gaeta, J. Viñuales & S. Zappalá, Cassese’s International Law (2020, 3rd edn); R. Higgins, Problems & Process: International Law and How We Use It (1994); J. Crawford, Chance, Order, Change: The Course of International Law (2014).

Teaching Methods

The teaching methods are based on classroom-taught lectures, employing the socratic method as far as practicable. This method generates a good level of involvement, fostering interest from the students. The course does not impose compulsory attendance, but the 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. Subjects of International law: States and other entities.

Week 2

Sources. The law of the treaties.

Week 3

Sources. Customary international law and its codification. Other sources of international law. Jus cogens.

Week 4

State sovereignty and its spatial scope. Jurisdiction and immunities.

Week 5

The individual in international law. Key features of international human rights law and international criminal law.

Week 6

International law and domestic legal systems. Implementation of international law in Italy.

Week 7

Implementation of international law: International Responsibility of States.

Week 8

Implementation of international law: International dispute settlement, diplomatic and judicial means.

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.

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.

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.

Week 12

The international law of the seas: Overview of the main principles, processes and institutions.