Enforcement of international law is traditionally considered as one of the weaknesses of the existing international institutional architecture. Antonio Cassese has famously compared international courts to ‘giants without limbs’. In this second part of the Capita Selecta course, we will study non- coercive enforcement and compliance techniques. Enforcement involves both law and politics. The course will introduce you to some of the theoretical foundations of enforcement and compliance in international law and existing mechanisms and practices. We will discuss strengths and weaknesses of a number of international mechanisms, including the International Court of Justice, human rights mechanisms, international criminal jurisdictions, the role of domestic courts and impediments to enforcement.
Course Objectives
Lectures will introduce the students to the foundations of law and institutions. The seminars involve practical exercises. The course concludes with a class exercise to formulate strategies to respond to pushback and/or backlash and re-think strategies of institutional reform.
Achievement levels
The course seeks to set strengths and weaknesses of individual institutions into perspectives and to formulate proposals to improve the status quo or enhance legitimacy and effectiveness of international institutions.
Mode of Instruction
The course consists of interactive lectures and seminars.
Assessment Method(s)
The course includes two types of assessment: The first one is the class exercise, which involves a brief & presentation (i.e. Q & A on brief). It counts for 30 % of the final grade. It is deemed to train the students’ creative lawyering skills and ability to develop ideas for institutional reform. Grades will be based on the brief. The second assessment is the final paper (70 %). It will test the legal reasoning, problem solving and writing skills. The paper should relate to legitimacy and authority of international adjudication
Reading List
Evans, International Law
Other reading materials are indicated in the course syllabus. Most are linked directly to an online source. Where a link is not given, the piece may be found by searching the Leiden University library online catalogue.
Brightspace
Additional reading will be indicated in the course reader and in the electronic learning environment, Brightspace.
Disclaimer
Should there be any future extenuating circumstances which may impinge our teaching and assessment, these could necessitate modification of the course descriptions after 1 September. This will only happen in the event of strict necessity and the interests of the students will be taken into account. Should there be a need for any change during the course, this will be informed to all students on a timely basis. Modifications after 1 September 2024 may only be done with the approval and consent of the Faculty Board and Programme Director.