By the end of this course students will be able to:
- understand the concepts of commitment, compliance, monitoring, and enforcement;
- contextualise the concepts within specific fields of European law and international law;
- understand and discuss the relevance of various types of international law (e.g. hard and soft law, treaty and customary law etc.) in this context;
- describe the key actors involved in each stage, as well their role and involvement;
- define various methods reinforcing the processes described by the concepts of commitment, compliance, monitoring, and enforcement;
- apply the concepts to a contemporary case and propose suitable methods to enhance commitment, compliance, monitoring and enforcement in a certain case;
- recognise the limitations of the concepts in a particular case.
Required PrerequisitesThis course presupposes a basic knowledge of international and EU law
Do states comply with their obligation? And why do States obey (or not ) norms of international law or European law? Questions about the effectiveness of agreements among states are as old as the discipline of international law itself and these questions continue to preoccupy scholars to this day. Depending on the field of law, its objectives, and the specific conduct that needs to be regulated, different approaches have been taken to foster compliance by relevant actors. While binding treaties have been adopted in fields such as human rights or humanitarian law, resorting to soft law has proven more effective in other domains, especially when agreement on binding rules is difficult to reach among relevant parites.
But, when rules are set, how does one ensure that these rules are observed? Who monitors the conduct of those needing to comply with the rules? When do actors become liable for breaching their obligations? What are the processes and standards according to which such liability is established? And what are the consequences of violating those standards? This course tackles these questions, combining conceptual debates with the experiences made in specific areas of International and European Law,
The first four lectures of the course provide a general overview of the theoretical approaches that have been adopted to better understand the impact of norms of international or european law on the basis of four key concepts: commitment, compliance, monitoring and enforcement. These sessions are followed by six thematic lectures discussing the question of compliance within a specific domain of International or European Law (such as nature preservation, human rights and business, technology,migration, and so on).
Interactive lectures (students are expected to do the required readings and to prepare the guiding questions in preparation to each class meeting.
Type of instructions
In the first part of this course (lecture 1,2,3,4,5), students will be introduced to core concepts which will be then used throughout the course (such as Commitment / Compliance / Monitoring / Enforcement / European Integration).
In the second part of this course, guest lecturers will be invited to presen and discuss with studetns case studies on compliance in International and European Union Law.
The last class meeting will be dedicated to a review section in which students will have the chance to discuss mock exam questions.
Take-home exams (100 %)
Type of exams
- Readings will be announced a week prior to the next class on Canvas