Non-state Actors and International Law

Code Cours
2021-FDL-LAW-EN-4002
Langue d'enseignement
Français, Anglais
Ce cours apparaît dans les formation(s) suivante(s)
Responsable(s)
Valentina Volpe
Période

Présentation

Prérequis

Students should be comfortable reading judgments and awards of courts and tribunals and critically thinking about the content of such texts. They also should have good legal writing ability

Objectifs

At the end of this course, the student should be able to identify the main categories of non-State actor in international law; be aware of some of the main problems that have arisen in the field of international investment arbitration; explain how international responsibility applies differently as between States and non-State actors; understand the mechanics of how States have come to accept non-State actors as participants in certain international law processes

Présentation

The MA Course on Non-State Actors in International Law aims to raise the student's awareness of entities which, despite their non-statal character, nevertheless interact with States at the international level, including through the exercise of legal rights and discharge of legal obligations. The course will consider the range of non-State actors, from international organizations to sub-State administrative units to non-self-governing territories to private persons. The investor--as a private natural or juridical person-will be considered in particular, with attention given to how treaties or contracts have conferred procedural and substantive rights on investors. Some of the problems that arise in investment arbitration will be considered in view of a selection of international arbitral awards. With a view to international investment law but also to human rights, criminal law, etc., it will be asked how the international legal system has addressed the seeming assymetry between legal rights and legal obligations of non-State actors

Modalités

Modalités d'enseignement

Students should come to each class session having read the assigned materials. The goal of each class session is both instruction and discussion. The discussion component of each session will be most useful to the students, if they have read the assigned materials and come prepared to think and argue about what they have read

Effective presence: 24h

Self-learning and e-learning: 36h A reading list will require approximately 90 minutes of reading outside class time for every 60 minutes of class time

Personnel work: 5h One written assignment, on which the final mark for the course will be based.

Total working time for the student: 65h.

A written assignment will be set, for completion after the conclusion of the taught component of the course. The written assignment will constitute the final mark for the course.

Évaluation
Examen : coeff. 1

Ressources

Bibliographie

<b>Course Materials: </b>I have prepared several bundles of documents (constiting of treaties, judgments, awards, and other materials). These bundles constitute the required reading for the course.