European studies

Content of the Course The course is taught in English and is aimed at Italian and foreign students. It aims to analyse the main features of international law. The three basic legal functions - law-making, law-determination and law enforcement - will be examined, with special attention to the changes in the international community in the era of globalisation. In particular, the course will focus on the following topics: structural features and historical development of the international legal system; legal subjects: States and non-state actors, the international personality of international organisations; sources of international law: custom, general principles, treaties, binding acts of international organisations; the relationship between international law and municipal law; settlement of international disputes: diplomatic and judicial means, the International Court of Justice; international wrongful acts and the law of international responsibility; the use of force in international relations; individuals and international law: diplomatic protection, international protection of human rights, international crimes. Overview of some relevant substantive rules: immunities of States and their organs, the law of the sea, international protection of the environment. Course Schedule Week 1. Introduction to the international legal system and its three basic legal functions: law-making, law-determination and law-enforcement. Weeks 2-4. Sources of international law: general international law (customary international law; general principles); codification of international law; treaties ( treaty-making; reservations; interpretation; application ratione temporis, ratione loci and ratione personae; invalidity; termination); other sources or quasi-sources (binding acts of international organisations; soft law). Week 5. Relationship between international law and national law. Weeks 6-7. Subjects of international law: States; allocation of State jurisdiction (territorial sovereignty, including succession of States; law of the sea); limits to territorial sovereignty (State immunity from jurisdiction; protection of the environment); international organisations; self-determination of peoples; insurrectional movements; individuals (diplomatic protection; international protection of human rights; international crimes). Week 8. Settlement of international disputes: diplomatic and judicial means; the International Court of Justice (composition, jurisdiction, procedure, provisional measures of protection; judgments; enforcement of judgments; advisory opinions). Weeks 9-10. State responsibility: the international wrongful act (subjective and objective elements); consequences of an international wrongful act; countermeasures; injured States and the invocation of State responsibility; "ordinary" and "aggravated" State responsibility. Week 11.The use of force in international relations; Chapter VII of the UN Charter and the system of collective security; self-defence. Week 12. Class presentations.

There is no mandatory priority exam. However, a basic knowledge of public law and private law is an asset.

Attila TANZI, A Concise Introduction to International Law, Third Edition, Eleven International Publishing and Giappichelli 2025

The course includes lectures and class discussions about case studies. Legal materials (treaties, resolutions, official declarations, decisions of international courts, etc.) and suggestions for additional readings will be available on the course e-learning platform. Students are required to register in the e-learning page of the course: https://elearning.uniroma1.it/.

Attendance is not compulsory, but students are expected to attend lectures and contribute to class discussions by reading the relevant materials.

Attending students: The final grade will consist of the following: - Full attendance and active participation: 10% (Students are expected to attend lectures and contribute to class discussions by reading necessary materials). Presentation: 15% (Case analysis: one case per 2-3 students, consisting of 20-30 minutes presentation) Written Midterm Exam: 35% (students will be required to answer two questions in about 1 hour or 1 hour and a half. The questions are open-ended). Written Final Exam: 40% (students will be required to answer two questions in about 1 hour or 1 hour and a half. The questions are open-ended) Students having passed the written final exam can ask for an optional oral exam to improve their final evaluation. Non-attending students The assessment of non-attending students is based on a written examination: students must answer two out of three questions; the questions are open-ended; the time available is one hour. Each question is worth approximately 50% of the final mark, but a pass mark is required for each question. Students having passed the written exam can ask for an optional oral exam to improve their final evaluation. .

Alexander ORAKHELASHVILI, Akehurst’s Modern Introduction to International Law (8th ed., London/New York: Routledge 2018); Jan KLABBERS, International Law (2nd ed., Cambridge: Cambridge University Press, 2017); Carlo FOCARELLI, International Law (Cheltenham/Northampton: Edward Elgar 2019)

The course includes lectures and class discussions about case studies. Legal materials (treaties, resolutions, official declarations, decisions of international courts, etc.) and suggestions for additional readings will be available on the course e-learning platform. Students are required to register in the e-learning page of the course: https://elearning.uniroma1.it/.