The course aims to provide students with a basic understanding of the logics and main principles of public international law. International law, as its name indicates, is the law that applies in the relations between (inter-) States (-‘nation’). It is therefore not a branch of domestic law – like commercial, constitutional or yet family law – and, indeed, differs from it in many ways. Its main characteristic probably lies in the fact that the international legal order lacks a single central authority capable of ensuring universal respect for rules. It operates in a horizontal rather than vertical fashion. As a result, not only are States the main subjects of international law, but also its main guardians. This seemingly paradoxical situation is the source of most of the particularities that surround the making, the practice as well as the logics of international law. The course will seek to familiarize students with these particularities and with the content of the most important rules of international law. The purpose is to make sure that they acquire the necessary (legal) tools to critically assess and analyse how the international (legal) system works.
Course overview
Part 1. International law in a changing world
– Is international law really “law”?
– Is international law really “international”?
Part 2. The sources of international law
– Why do the sources of international law matter?
– Traditional and contemporary sources of international law
Part 3. The subjects of international law
– States
– The Right of all peoples to self-determination
– Individuals
– International organizations
Part 4. International law and the use of force by states
– From the “just war” to the United Nations
– Interventions
– Terrorism and international law
– Cyber warfare
Part 5. International law and protection
– Development and scope of protection of international humanitarian law
– The nature and development of international human rights law
Part 6. International law and responsibility
– State responsibility
– The treatment of aliens
– The protection of foreign property and investments
– Individual criminal responsibility
– International criminal courts and tribunals
The course will try, as much as possible, to draw illustration from current international events and push students to use the rules and principles of law expounded during the course to analyse them. Although it will take a classic ex-cathedra form the classes will try, as much as possible, to open space up for discussion and debate.
The evaluation will take the form of a written exam (100% of the final grade). Students will be required to write a short essay on a question related to themes covered in the course. The exam will be online (2 hours) and open book. Specific expectations for the essay will be provided during the last session.