History and Theory of International Law

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Ferdinand Gjana, Prof. Dr

Code
LAW 403
Name
History and Theory of International Law
Semester
1
Lecture hours
3.00
Seminar hours
1.00
Laborator hours
0.00
Credits
3.50
ECTS
6.00
Description

This course aims to examine some of the fundamental issues underlying international law, against the background of its history. Attention will be paid both to classical analyses of the nature of international law (positivism and its alternatives) and to some of the recent critiques of international law from perspectives such as critical legal studies, feminist legal theory, international relations theory, etc. Particular topics to be examined will be chosen having regard to the interests of students taking the course.

Objectives

Java
Tema
1
The relevance of theory and history- the essence and origins of international law
2
Early modern scholarship on international law
3
Natural law and the law of nations
4
The transformation of international law in the 19-th century
5
International human rights law theory
6
The philosophy of international criminal law
7
International law and EU law: between asymmetric constitutionalisation and fragmentation
8
Midterm exam
9
International law, international politics and ideology
10
Periodization and international law
11
The Legal Conscience of the Civilised World
12
The Move to Abstraction: Kelsen's Pure Theory of Law
13
Rule of Law and the Rule of Lawyers: Lauterpacht's and the Victorian Tradition
14
An Alternative Meaning of Liberalism: Carl Schmitt, Hans Morgenthau and the Critique of Universal Moralism
15
Current Civilising Projects: The Revival of Kantian Theories of International Law
16
Final exam
1
Understand the sources, principles, procedures and institutions of international law
2
Demonstrate your ability to think critically, to justify your ideas in a reasoned manner, and to evaluate legal theories, in part through a research essay
3
Recall the origins and evolution of those principles, procedures and institutions
4
Communicate (orally and in writing) in an effective and scholarly way
5
Explain the meaning of the legal concepts, doctrines and principles you studied
Quantity Percentage Total percent
Midterms
1 30% 30%
Quizzes
0 0% 0%
Projects
0 0% 0%
Term projects
0 0% 0%
Laboratories
0 0% 0%
Class participation
1 10% 10%
Total term evaluation percent
40%
Final exam percent
60%
Total percent
100%
Quantity Duration (hours) Total (hours)
Course duration (including exam weeks)
16 4 64
Off class study hours
14 6 84
Duties
0 0 0
Midterms
1 1 1
Final exam
1 2 2
Other
0 0 0
Total workLoad
151
Total workload / 25 (hours)
6.04
ECTS
6.00