Public Interna.onal law
Prof. C. Michaelsen
Luiss Guido Carli (2025-2026)
,2
,INTRODUCTION
- Course overview:
o General introduc<on to public interna<onal law
o ! Important: Case studies / cases (ICJ case law)
§ ICJ judicial prac<ce: Not bound by case law, but follows its previous
judgements
§ Func<on: Understanding findings of general public interna<onal law
(interpreta<on)
o Lectures (in presence)
- Study materials:
o PPTs (MyLuiss; available aRer class) + notes
o Addi<onal materials / readings (MyLuiss)
o Textbook: Klabbers J., Interna'onal law (Cambridge University Press, 4th ed, 2023)
à All materials posted on MyLuiss are relevant (!)
- Exam:
o Format: Final oral exam
o Two sta<ons:
§ 1. Doctrinal sta<on: Ques<on regarding a general issue of (public)
interna<onal law
§ 2. Case sta<on: Ques<on regarding case law
• E.g. Ques<on: “Can you name a case regarding state immunity? If so,
explain the relevance of this case”
o Different appelli: 11/12, 07/01 or 15/01
§ ! Watch out: Prof. will not be aeending the appello of 15/01
- 5 key objec<ves of the course:
o (1) Provide an introduc<on to public interna<onal law, in par<cular its historical
evolu<on, its main subjects and sources and its role in contemporary global
governance
§ Main ques<ons: “Is there space for interna<onal law in today’s world? Does
interna<onal law s<ll maeer?”
o (2) Understand the implementa<on of interna<onal standards by states as well as
the consequences of the breaches of interna<onal obliga<ons
§ In prac<ce: Media shows only the aspects where interna<onal law doesn’t
work
§ L. Henkin (important PIL professor): “Almost all na<ons abide interna<onal
law, almost all of the <me” (>>)
o (3) Develop capacity to cri<cally analyse the main contemporary issues and
challenges arising in various branches of public interna<onal law
§ ! Watch out: Not only reproduc<on of knowledge à ! focus on: How to deal
with knowledge, including emo<ons and cri<cal thinking (E.g. Infusing AI
with human capaci<es)
o (4) Recognise the fundamental role and importance of decisions by interna<onal
courts and tribunals
§ (<< importance of case law)
o (5) Develop cri<cal thinking and (legal) reasoning
3
, PART I. INTRODUCTION TO INTERNATIONAL LAW
Chapter 1: The nature of interna=onal law
- Two (preliminary) ques<ons: 1) What is law?” 2) “What is interna<onal law?”
o Ques<on 1: “What is law?”
§ A set of rights and obliga<ons
§ Enforceable
§ Representa<on of “the will of the people”
§ Binding system
o Ques<on 2: “What is interna=onal law?”
§ (ó Na<onal law: Different dynamic)
§ Consent based system: Requirement - Consent of states to par<cipate in the
system
• E.g. Treaty law: Consent as an important requirement (!)
• E.g. Jurisdic<on of interna<onal tribunals
• (ó Customary interna<onal law: States are bound regardless of
expression of consent)
§ Sovereign equality of states: Consent as a prerequisite for a consent-based
system
§ ‘Opt-out’ possibility:
• ! Watch out: Not always the case (E.g. Genocide Conven<on)
§ ! Interes<ng: To be bound by interna<onal judicial organs à States must
have expressed consent and ra<fied the UN Charter (requirement)
• Consequence: Not all states follow ICJ judgements (in prac<ce)
1. What is interna=onal law (?)
- Dis<nc<on: Private interna<onal law vs. public interna<onal law
o (1) Private interna<onal law = the branch of interna<onal law that regulates all
lawsuits involving a “foreign” law element where different judgements will result
depending on which jurisdic<on’s laws are applied
§ E.g. Ques<ons: “May a Rome-based company be sued in an English court for
a tort commieed in Singapore against a Japanese na<onal? May a US travel
company be sued by a US na<onal making a claim in tort arising from injury
sustained while the US na<onal was aboard a cruise around the
Mediterranean? What law should an Italian court apply to a claim by an
Italian na<onal against a Saudi Arabian na<onal for breach of contract, when
the contract in ques<on states that it is governed by Saudi Arabian law?
When will a marriage solemnised outside Italy under foreign law be
recognised lawfully valid in Italy?”
§ ! focus on: Which court (‘forum’), applicable law and enforcement
à Maeers of private law with an interna<onal element
o (2) Public interna<onal law
§ (! focus on this)
2. Public interna=onal law
- (Public) Interna=onal law (Oxford Dic<onary) = “the law of na<ons, under which na<ons are
regarded as individual members of a common polity, bound by a common rule of agreement
or custom; opposed to municipal law, the rules binding in local jurisdic<ons”
4
Prof. C. Michaelsen
Luiss Guido Carli (2025-2026)
,2
,INTRODUCTION
- Course overview:
o General introduc<on to public interna<onal law
o ! Important: Case studies / cases (ICJ case law)
§ ICJ judicial prac<ce: Not bound by case law, but follows its previous
judgements
§ Func<on: Understanding findings of general public interna<onal law
(interpreta<on)
o Lectures (in presence)
- Study materials:
o PPTs (MyLuiss; available aRer class) + notes
o Addi<onal materials / readings (MyLuiss)
o Textbook: Klabbers J., Interna'onal law (Cambridge University Press, 4th ed, 2023)
à All materials posted on MyLuiss are relevant (!)
- Exam:
o Format: Final oral exam
o Two sta<ons:
§ 1. Doctrinal sta<on: Ques<on regarding a general issue of (public)
interna<onal law
§ 2. Case sta<on: Ques<on regarding case law
• E.g. Ques<on: “Can you name a case regarding state immunity? If so,
explain the relevance of this case”
o Different appelli: 11/12, 07/01 or 15/01
§ ! Watch out: Prof. will not be aeending the appello of 15/01
- 5 key objec<ves of the course:
o (1) Provide an introduc<on to public interna<onal law, in par<cular its historical
evolu<on, its main subjects and sources and its role in contemporary global
governance
§ Main ques<ons: “Is there space for interna<onal law in today’s world? Does
interna<onal law s<ll maeer?”
o (2) Understand the implementa<on of interna<onal standards by states as well as
the consequences of the breaches of interna<onal obliga<ons
§ In prac<ce: Media shows only the aspects where interna<onal law doesn’t
work
§ L. Henkin (important PIL professor): “Almost all na<ons abide interna<onal
law, almost all of the <me” (>>)
o (3) Develop capacity to cri<cally analyse the main contemporary issues and
challenges arising in various branches of public interna<onal law
§ ! Watch out: Not only reproduc<on of knowledge à ! focus on: How to deal
with knowledge, including emo<ons and cri<cal thinking (E.g. Infusing AI
with human capaci<es)
o (4) Recognise the fundamental role and importance of decisions by interna<onal
courts and tribunals
§ (<< importance of case law)
o (5) Develop cri<cal thinking and (legal) reasoning
3
, PART I. INTRODUCTION TO INTERNATIONAL LAW
Chapter 1: The nature of interna=onal law
- Two (preliminary) ques<ons: 1) What is law?” 2) “What is interna<onal law?”
o Ques<on 1: “What is law?”
§ A set of rights and obliga<ons
§ Enforceable
§ Representa<on of “the will of the people”
§ Binding system
o Ques<on 2: “What is interna=onal law?”
§ (ó Na<onal law: Different dynamic)
§ Consent based system: Requirement - Consent of states to par<cipate in the
system
• E.g. Treaty law: Consent as an important requirement (!)
• E.g. Jurisdic<on of interna<onal tribunals
• (ó Customary interna<onal law: States are bound regardless of
expression of consent)
§ Sovereign equality of states: Consent as a prerequisite for a consent-based
system
§ ‘Opt-out’ possibility:
• ! Watch out: Not always the case (E.g. Genocide Conven<on)
§ ! Interes<ng: To be bound by interna<onal judicial organs à States must
have expressed consent and ra<fied the UN Charter (requirement)
• Consequence: Not all states follow ICJ judgements (in prac<ce)
1. What is interna=onal law (?)
- Dis<nc<on: Private interna<onal law vs. public interna<onal law
o (1) Private interna<onal law = the branch of interna<onal law that regulates all
lawsuits involving a “foreign” law element where different judgements will result
depending on which jurisdic<on’s laws are applied
§ E.g. Ques<ons: “May a Rome-based company be sued in an English court for
a tort commieed in Singapore against a Japanese na<onal? May a US travel
company be sued by a US na<onal making a claim in tort arising from injury
sustained while the US na<onal was aboard a cruise around the
Mediterranean? What law should an Italian court apply to a claim by an
Italian na<onal against a Saudi Arabian na<onal for breach of contract, when
the contract in ques<on states that it is governed by Saudi Arabian law?
When will a marriage solemnised outside Italy under foreign law be
recognised lawfully valid in Italy?”
§ ! focus on: Which court (‘forum’), applicable law and enforcement
à Maeers of private law with an interna<onal element
o (2) Public interna<onal law
§ (! focus on this)
2. Public interna=onal law
- (Public) Interna=onal law (Oxford Dic<onary) = “the law of na<ons, under which na<ons are
regarded as individual members of a common polity, bound by a common rule of agreement
or custom; opposed to municipal law, the rules binding in local jurisdic<ons”
4
