Campus Moyen-Orient-Méditerranée, Menton
Session 8 : The enforcement of international law (II) : International responsibility of states. Session 9 : The subjects of international law (I) : States (1) : Statehood. Session 10 : The subjects of international law (II) : States (2) : Jurisdiction : spatial scope and limitations. Session 11 : The subjects of international law (III) : International organizations and individuals. Session 12 : The fundamental principles of international law : The peaceful settlement of disputes and the prohibition of the use of force. Required reading : Andrew Clapham, Brierly's Law of Nations : An Introduction to the Role of International Law in International Relations, 7th edition, Oxford : Oxford University Press, 2012 ; Malcolm Shaw, International Law, 7th edition, Cambridge : Cambridge University Press, 2014 ; James Crawford, Brownlies' Principles of Public International Law, 8th edition, Oxford : Oxford University Press, 2012 ; Jan Klabbers, International Law, Cambridge : Cambridge University Press, 2013..
legal norms within the domestic law both in federal and unitary states. Session 3 : Distinction between domestic, international (private and public) and transnational Law. The hierarchy between legal norms of different sources. Session 4 : Distinction between private and public law. The focus will be on criminal, constitutional and administrative law and on extra-contractual and contractual liability. B. Fundamental Principles of Law and Their Application in Different Areas Session 5 : Introduction : General Principles of Law and their Cross-cutting Application in Domestic Law. Session 6 : The Principle of Good Faith and the Prohibition of Abuse of Rights. Session 7 : The Principle of Non-retroactivity of the Law and its Derivations. Session 8 : The Principle of res judicata and lis alibi pendens. C. Fundamental Principles of Law and Their Application in Different Legal Families Session 9 : Introduction and Brief Historical Review of the Main Legal Traditions. Session 10 : Civil Law. Session 11 : Common Law. Session 12 : Islamic Law. Session 13 : Conclusion. Course Description : The course will consist in an introduction to law and to the differences and similarities between different legal families through the prism of the most fundamental legal principles. For such purpose, we will ﬁrstly build the conceptual theoretical bases for our analysis and deal with very ﬁrst questions. We will ask ourselves, amongst others : what is law ? Can we think legal norms outside of a legal system ? And how do legal norms of different sources interact within and beyond national borders ? We will then look at the more important traits of the main branches of domestic law and at the hierarchy of norms within national borders. We will ﬁnally conclude the block by discussing how domestic, international and transnational norms operate in a globalized world. Our second block will be devoted to the notion of general principles of law and deal with some of the architectonical principles of every legal 201
INTRODUCTION TO LAW
Semester : Autumn Number of hours : 48 Language of tuition : English
Teachers : Maria DE LA COLINA (Professor, Université de Genève). Pedagogical format : Lecture and tutorials Senior lecturers : Alexandra MAZGAREANU (Avocate). Course validation : -Final exam : 1/3 of ﬁnal course mark (dissertation) ; -Tutorial : 2/3 of ﬁnal course mark (mid-term exam (50%), in-class participation (10%), synopsis of an academic piece and oral presentation (40%)). Pedagogical method : A. Building the Conceptual Bases Session 1 : The concept of law. What makes law different from other norms ? Main schools of thought : naturalism, positivism, constructivist approaches and critical legal studies. Session 2 : What is a legal system ? Can there be law without such ? The hierarchy of domestic