JJUA55086U International Law and the Individual - NOTE: THE COURSE IS CANCELLED IN THE AUTUMN SEMESTER 2018

The relationship between international law and the individual is paradoxical. Indeed, international law has commonly been defined as the law that regulates the relations among states, whereas the relationship between states and individuals was considered to be the prerogative of constitutional law. However, after World War II individuals became the focus of the international legal order as never before. Today, it is common ground in both legal theory and practice that individuals play an important role on the international stage. But scholars and practitioners still struggle to determine the consequences of these developments for the international legal system as such, as well as for its relationship with the domestic legal systems. The vast increase in the international legal regulation of individuals during the second half of the 20th century was driven by the post-World War II idea that empowering the individual on the international plane would help to prevent future conflicts. But now this idea seems to be losing momentum, and the skepticism towards individual rights and duties under international law is growing. Whether we are witnessing the beginning of a normative ‘counter-revolution’, or just an ephemeral trend, remains to be seen. However, the 2016 Brexit referendum as well as the fact that political movements in a number of European states advocate withdrawal from the European Convention on Human Rights are strong indicators of a ‘re-nationalization’ tendency. The course explores the contemporary role of the individual across the board of the international legal system and assesses what normative ‘re-nationalization’ will mean for the future relationship between international law and domestic law in general – and in particular for the legal protection of individuals.

The overall aim of the course is to:

• Provide students with a working knowledge of the contemporary role of the individual in the international legal system
• Develop students’ understanding of a number of specialized fields of international law involving the interests of individuals
• Develop students’ awareness of the differences between international law and domestic law and the importance of these differences from the perspective of the individual

To achieve this aim, the following issues will be addressed in the readings and class discussions:
1. The Structure of the International Legal System
2. The Concept of International Legal Personality in International Legal Theory
3. The Relationship between International Law and Domestic Law
4. The Capacity of Individuals to Bring Cases before International Courts
5. The Role of the Individual in International Human Rights Law
6. The Role of the Individual in International Humanitarian Law
7. The Role of the Individual in International Criminal Law
8. The Role of the Individual in International Investment Law
9. The Role the Individual in European Union Law

This course is part of iCourts Excellence Programme (iEP) – International Law and Courts in a Global World, see 'Remarks' below.