Course Overview

The international legal system still lacks the institutions familiar to domestic law: there is no centralized legislature, judiciary, or enforcement. Its horizontal nature implies that international law relies primarily on States and domestic institutions for its
enforcement.

Against this background the course begins by analysing the framework for the implementation and enforcement of international law, covering various aspects such as actors, motivations, methods, and enforcement measures (sanctions). It then examines
a selection of contemporary challenges, including the following.
 Can the UN uphold international law? How can the UN respond to flagrant violations of international law?
 How can the environment and those who defend it be protected? Where can people flee when their country is disappearing? What solutions can the international community offer to them?
 How successful are international courts in enforcing their decisions? What factors strengthen and weaken judgment compliance?
 What protection can international law offer to vulnerable people? What remedies are available when a State violates its human rights obligations? How can these be enforced?
 What can an international organization do when a Member State does not live up to the values of the IGO?
 What is the impact on the credibility of international law when States fail to comply with arrest warrants issued by the International Criminal Court against high-level politicians?
As the intention is to reflect on the latest developments, the course content may be subject to minor changes. Participants are also invited and encouraged to suggest topics of particular interest to them.

Learning Outcomes
By the end of the course, students should be able to the following:
 Develop the ability to understand the international legal system
 Be able to think critically about complex concepts and issues
 Have a basic understanding of some of the key contemporary challenges in international law
 Develop the ability to reflect critically on the gaps in compliance with and enforcement of international law, and to communicate their reflections in an effective manner
 Critically assess the enforcement mechanisms available under international law, as well as the strengths and weaknesses of these mechanisms
 Undertake independent research
 Develop presentation skills
 Improve their ability to think critically, engage in complex reasoning, and formulate arguments in defence of a position
 Develop individual opinions and arguments and to communicate the results in the form of oral presentations to their peers.

Course Content

Introduction
Warming up: background and interest of the participants
The nature of the international community and the international legal order
Compliance and enforcement of international law by answering the following questions:
 WHY? Why do States comply or refuse to comply with international law? What are the motivations?

 WHO? What kind of actors are involved in upholding international law?
(enforcement “agencies”; self-enforcement, unilateral enforcement, private
enforcement, etc.)
 HOW? What are the main methods of enforcing international obligations? (Formal, informal, etc.)
 WHAT? What sanctions are available to remedy violations of international law?
The legal and political instruments used to uphold international law (e.g.economic and diplomatic countermeasures, “mobilization of shame”,withholding benefits, loss of vote, etc.). The effectiveness of these tools.

Case studies
Indicative selection, subject to change based on participant interest and/or new developments
The role of the UN in upholding international law

 Political and legal tools. Diplomatic and economic sanctions. Targeted sanctions.
Enforcement of environmental law (combating the effects of environmental degradation, enforcing international obligations)
 ICJ: Obligations of States in respect of Climate Change (Request for Advisory Opinion)
 Nexus between environmental harm and racial discrimination (ICJ, Azerbaijan v. Armenia)
 Positive compliance strategy to facilitate compliance where disobedience is due to lack of technical capacity to comply. The provision of technical assistance or advice
 Where can people go if their country is disappearing? (The phenomenon of climate migration)
 Protection of the environment and environmental defenders, participatory rights (the Aarhus Convention, the Escazú Agreement)

Expulsion from the club: intergovernmental organizations and their members
 What can an international organization do when a Member State fails to respect the organization’s values? Suspension or expulsion from membership
 European Union: rule of law proceedings against Poland and Hungary
 Council of Europe: expulsion of Russia
Enforcement in the European Union
 Legal and political tools
 The effectiveness of penalties in rectifying breaches of EU law
 Cooperation between national courts and the CJEU in ensuring compliance
Human rights: how to improve human rights accountability
 Subsidiary protection of human rights by international human rights bodies
 Nature of the decisions of the human rights bodies (Do the Committees /
Courts have the power to order legislative changes?)
 Topics to be discussed: protection of vulnerable people, anti-discrimination and human rights, ageism and age discrimination, etc.

Responsibility for international crimes: culture of impunity?
 Role of the International Criminal Court
 Lack of an effective mechanism: arrest warrants against high-level politicians (Putin, Netanyahu) and how these arrest warrants test State’s commitment to international law (defiance by e.g. Mongolia or Hungary)

Instructional Method

The material for this course will be presented using a variety of teaching techniques, depending on the developmental level of the students and the subject matter to be presented. These techniques will include lectures enhanced by the use of supporting
materials such as slides, illustrations, and videos; and class discussions designed to encourage the exchange of opinions and perspectives, and to engage students in a more intensive treatment of the material. Students will be required to work in groups to research and present the topics listed in the course description.
The course aims to address the most pressing and/or topical issues of our time,which are readily linked to the concerns and viewpoints of young adults. Through these activities, participants will learn about the international challenges of our time in a
participatory and interactive learning framework.

Required Course Materials

There is a vast literature on the nature of international law, and the various topics covered in the course. Further reading and questions will be posted in due course. As a reference, participants may find the following resources useful.

Klabbers, J., International Law. 4th edn. Cambridge: Cambridge University Press 2023

Giorgetti, C. , ‘What Happens after a Judgment is Given? Judgment Compliance and the Performance of International Courts and Tribunals’, in T. Squatrito et al. (eds.) The Performance of International Courts and Tribunals. Cambridge: Cambridge University
Press (Studies on International Courts and Tribunals) 2023, pp. 324–350.

Yuji Iwasawa, Various means of enforcement in international law. Harvard International Law Journal, Volume 65, Number 1, Winter 2023

Matúš Štulajter, Problem of enforcement of an international law – analysis of law enforcement mechanisms of the United Nations and the World Trade Organization. Journal of Modern Science, Vol. 2/33/2017, pp. 325–335 Nwotite, Anita Maria: Mechanisms for the Enforcement of International Law – Strength and Downside. Nnamdi Azikiwe University Journal of International Law and
Jurisprudence (NAUJILJ) 15 (2) 2024

Proukaki, Elena Katselli, The Problem of Enforcement in International Law: Countermeasures, the Non-injured State and the Idea of International Community. Routledge, 2010

Kantorowicz-Reznichenko, E., The Enforcement of International Law. In: Hosli, M.O., Selleslaghs, J. (eds) The Changing Global Order. United Nations University Series on Regionalism, vol 17. Springer 2020, pp 361–384

The websites of various international organisations (United Nations, International Criminal Court, Council of Europe, European Union, etc.) and the primary sources available there (detailed list to be provided)

Assessment

Participants will be assessed using a variety of methods, including reflection on issues of concern, problem solving exercises, presentations, and group work. The actual methods will depend primarily on the level of development and the number of
participants. Therefore, students will be assessed on (i) their presentations, (ii) their teamwork, and (iii) their classroom activities. Assessment will be based on the host institution’s assessment scheme.