Winter Term 1995
Francesca Pestellini
European University Institute Florence
for European Studies Department
Central European University

Course Outline

The course aims to give the participants a comprehensive presentation of the fundamental principles which govern the relations among different actors in the international and Community legal orders. The two systems will be considered in their interrelating aspects although, for methodological and organizational purposes, basic elements of public international law anticipate the section devoted to Community law. After an introduction to the institutional framework and the creation of norms in the two systems, the course will examine the developments of regulation in some select areas, taking into account relevant case law and academic writings. Each topic will be presented in a dynamic perspective, with a view to including the most relevant evolutions of concepts and practice. The purpose of the course is to furnish the substantive theoretical and functional elements of public international and Community law which may prove helpful to the participants to further develop their individual studies in those fields of international relations which are mostly related to their specific research.

Part One: Public International Law

(The following reading list will be supplemented by selected case law at the beginning of term 2.)

1. The main features of the International Community: From Westphalia to the UN system. The fundamental principles which govern international relations according to international law.
I. Brownlie, Principles of public international law, Oxford, Clarendon, 1990, Parts I-IV (Extracts).
A. Cassese, International law in a divided world, Oxford, Clarendon, 1986, Section I.6.

2. The institutional and legal framework. The creation of norms. Normative powers of different actors. Jus cogens and obligations erga omnes. The concept of crime against humanity.
I. Brownlie (1990), Part I(I); Part VIII (XXII).
A. Cassese (1986), Section II.7.
R. Higgins, Problems and process. International law and how we use it, Clarendon, 1994, Chapter 10.
C. Bassiouni, Crimes against humanity in international criminal law, Martinus Nijhoff, 1992, Chapter 4

3. The settlement of disputes under the UN system. Limits to the individual use of force. The modern challenge: internal armed conflicts. Secession vs. self-determination.
Ch. Tomuschat, ed., Modern law of self-determination, Dordrecht, Nijhoff, 1993 (Extracts).
United Nations, The right to self-determination. Historical and current developments on the basis of the United Nations instruments, New York, 1981, Chapters 1,2.
R. Higgins (1994), Chapters 7-11.
A. d'Amato, Peace v. Accountability in Bosnia, 88 American Journal of International Law, July 994, p.500.
V. Gowland-Debbas, Security Council enforcement action and issues of state responsibility, 43 nt'l. and Comp. L.Q., January 1994, p.55.
G. Arangio Ruiz, Counter-measures and amicable dispute settlement means in the implementation of state responsibility: a crucial issue before the ILC, 5 The European Journal of international Law, 1994, p.20.

4. The individual as subject of international law. International and regional mechanisms to protect fundamental human rights.

A. Cassese (1986), Section III, Chapter 11.
P. van Dijk/G.J.H. van Hoof, Theory and practice of the European Convention on Human Rights, 2nd ed., Kluwer, 1990, Chapter 1.
UN Center for Human Rights, Freedom of the individual under law. A study on the individual's duties to the community and the limitations on human rights and freedoms under article 29 of the Universal Declaration of Human Rights, New York, 1990, Part 1, Chapter 1 (Extracts); Part II, Chapters III-V.
A. Cassese, Human rights in a changing world, Polity Press, 1990, Part III.
S. Davidson, The Inter-American Court of Human Rights, Dartmouth, 1992, Chapter 2.
J. Murdoch, The work of the Council of Europe's Torture Committee, 5 The European Journal of Int'l Law, 1994, p.220.

Part Two: Community Law

1. The institutional framework. Legislative competences before and after Maastricht. The division of powers between the Community and the member states. The sources of Community law. Mechanisms of enforcement. The Court.

D.Z. Cass, The word that saves Maastricht? The principle of subsidiarity and the division of powers within the European Community, Common Market Law Review 29, 1992, p.1107.
K. Lenaerts, Some reflections on the separation of powers in the European Community, Common Market Law Review, 28, 1991, p.11.
P.J.G. Kaptein/P. Verloren van Themaat/L. Gormley, eds, Introduction to the law of the European Communities, Kluwer, 1989, Chapters III, IV (Extracts).

2. The completion of the internal market. The free movement of goods, services, workers and capital.
C.D. Ehlermann, The internal market following the Single European Act, Common Market Law Review, 1987, p.361.
P. Vandoren, Recent developments in the area of the interface between anti-dumping and competition in the EEC, Legal Issues of European Integration, 1993/1, p.21.
J. Pipkorn, Legal arrangements in the Treaty of Maastricht for the effectiveness of the Economic and Monetary Union, 31 Common Market L.R., 1994, p.263.
F. Castillo de la Torre, The EEC new instrument of trade policy: some comments in the light of the latest developments, 30 Common Market L.R., p.687.

3. The enlargement of the Community's competences. Environmental and social policies. The spheres of political cooperation.
P. Watson, The Community Social Charter, Common Market Law Review, 1991, p.37.
E. Whiteford, Social Policy after Maastricht, European Law Review, 1993, p.202.
L. Kraemer, Focus on European environmental law, Sweet and Maxwell, 1992 (Extracts).
O. Closa, The concept of citizenship in the Treaty on European Union, Common Market Law Review, 1992, p.1137.

Basic Documents:
UN Charter
The European Convention on Human Rights
The European Convention for the Prevention of Torture
The Universal Declaration on Human Rights and the International Covenants
The Treaty on the European Union

CRC-Curriculum Resource Center
CEU Budapest, Hungary
Modified: April, 1996


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