October 2017 - June 2018
Application start 1 March 2017
Application end 25 September 2017
This course focuses on two of the main elements of the international legal system: the sources and subjects of international law. While the former refers to the means of international law-making (treaties, customary international law, unilateral acts, general principles of law etc.), the latter comprises all those entities, regardless of their intrinsic specificities, that have the capacity to apply public international law rules. The course addresses two main questions: what are the sources from which public international law rules stem and who/what are the legal persons of the international legal system? These two topics are closely intertwined and studying them will allow participants to develop a global perception of the international legal system. The course is split into two parts mirroring its dual focus.
What role do sanctions play in international law? What are the conditions for implementing sanctions against a state? Who decides? Are sanctions a useful tool for avoiding or stopping armed conflicts? This course provides an introduction to the regime of sanctions under international law and their effectiveness in addressing contemporary forms of conflict. It addresses the questions related to state responsibility, the pacific settlement of international disputes and the role of the International Court of Justice.
What rules govern the use of force in international law? Are there specific rules applying to military interventions on humanitarian grounds? What does the concept of ‘Responsibility to Protect’ (R2P) encompass? How has it been applied? The course provides an overview of the evolution of the rules governing the use of force in international law, focusing on military intervention on humanitarian grounds and the creation of the United Nations collective security system. It then addresses the concept of R2P as developed by the General Assembly and put into effect by the Security Council and members of the organization. The course considers the main legal issues related to the nature, content, scope and implementation of R2P. It analyzes both the positive and problematic dimensions of developments concerning R2P, with particular reference to the situations in Libya and Syria as well as the recent proposal for the more advanced concept of ‘Responsibility while Protecting’.