2019/2020

2020/2021

DM270

IUS/14 (EUROPEAN UNION LAW)

DEPARTMENT OF POLITICAL AND SOCIAL SCIENCES

PERCORSO COMUNE

2°

1st semester (28/09/2020 - 11/12/2020)

6

40 lesson hours

English

ORAL TEST

GROMEK KATARZYNA JOANNA (titolare) - 6 ECTS

Some basic knowledge in International Law

Learning Outcomes: (“obiettivi formativi”)
All students satisfying the course requirements such as regular attendance, participation, work in class, and a delivery of the successful group presentations should be able to

a) Explain different theories of integration and their practical implications
b) Identify the main legal rules steaming from the VCLT and discuss other sources of law applicable to international treaties
c) Discuss the different stages leading to the adoption of the Treaty, its modifications and termination
d) Analyse the legal framework of the regional integration examples provided in the programme of the course
e) Illustrate the legal rules by practical examples such as a situation, Treaty, Case law discussed in class
f) Compare the legal framework among different forms of regional integration such as the EU, MERCOSUR, ECOWAS

Knowledge
• to apply the theories of regional integration to concrete examples such as the EU, CAN, NAFTA, MERCOSUR, ECOWAS, ASEAN etc.
• to discuss the legal framework of each of the form mentioned above
• to evaluate the institutional arrangements, their role, the legal framework and the effectiveness in promoting further integration
• to compare the forms of regional integration across the World using the legal perspective:
legal basis, competences, institutions, legal instruments to promote regional integration, enforcement mechanisms, dispute settlement
• to be familiar with decision-making process in each organisation

Timetable of course sessions
“Speaker(s)” Topic date
K.Gromek-Broc 1. Theories of Integration: An introduction (Ontology, Epistemology) Reading : Schmitter, Malamut 2010 (Concepts, ideas, practice); Between Policy & the Law: Weiler: Dual Character of Supranationalism
Theories of Integration: European Union: Supranational Governance; Multilevel Governance.
2. Applying the theories - exercise

Wed 2nd October
16-18 (Aula 5)


Wed.2nd(Aula 5) 18-19
K.Gromek-Broc 3. (Presentation of the Course & choice of assignments;
The Law of the Treaties (An Overview) The nature and function of the Treaties. General Principles applicable to the Treaties. (example: Andean Pact) Reading: Brownlie’s Principles of Public International Law or other text on the law of the treaties.
Students will be divided in groups representing integration strategies in Africa. Thurs.3rd October
9-11 (Aula 5)
K.Gromek-Broc 4. A) Integration strategies in Africa: students’ presentations
B) re-) introduction to the Vienna Convention on the Law of the Treaties (VCLT) Negotiation and conclusion of International Treaties.(example: ECOWAS) Wed. 9th October
16-18 (Aula 5)
K.Gromek-Broc 5. The Law of the Treaties (Brownlie’s Principles of Public International Law) Amendments, Reservations and Third Party to the Treaty Thurs.10th October
(Aula 5)
K.Gromek-Broc 6. 1) European context: the European Union’s Treaty based Constitution. (Overview of the Treaties + Charter) – Readings:
Treaty on the European Union (TEU), art. 26-33 (Ziller J., The Challenge of Governance in Regional Integration - Key Experiences From Europe EUI, Working papers Law n° 2005/11)
http://eur-lex.europa.eu/en/treaties/new_overview_treaties.htm#overview
2) The Theories of integration: examples in the EU Treaties Wed. 16th October
16-18 (Aula 5)
K.Gromek-Broc 7. Termination & Validity of the Treaty
8. Art 50: the reading will be provided (Brexit) Thurs. 17th October
9-11(Aula 5)
K.Gromek-Broc 9. Sanctions and enforcement of international treaties Readings: VCLT, arts. 6-25+76-80. (ASEAN perspective) Wed.23th October
16-18 (Aula 5)
Guest lecture
Senior Negotiator for Americas (NAFTA)
Roberto Reyes-Barrera 10. Regional Economic Integration: General principles of
international and regional trade agreements with emphasis on
NAFTA (reading will be provided)
Thurs. 24th October
9-11(Aula 5)


Guest lecture
Senior Negotiator for Americas (NAFTA)
Roberto Reyes- 11. Regional Integration in the Americas: The case of
MERCOSUR Thurs.24thOctober 14-16 (Aula Grande)
Guest lecture
Senior Negotiator for Americas (NAFTA)
Roberto Reyes-Barrera 12. Debate on "The Multilateral Trade System versus the Regional Trade Agreements" (to be prepared and presented by the students) Friday 25th October
9-11 (Aula Grande)
K.Gromek-Broc 13. Participation in regional integration organisations: getting in
and getting out; association v. participation; Readings: VCLT,
Arts. 34-38; 42-72
International Organisations and the Law of the Treaties:
Reading: Chapter in Klabbers (2015), provided Wed.30th October
16-18 (Aula 5)
14. A) ASEAN: Barriers & Weaknesses
15. B) Legal instruments of regional integration organisations: inter-state conventions; specific instruments (e.g. EU directives and regulations); soft law. Reading: Treaty on the Functioning of the European Union (TFEU), art. 288-299 Thurs 31st October
9-11 9Aula 5)
Please note there is no class 6th & 7th of November
Please note there is no class 6th & 7th of November
K.Gromek-Broc 16. Regional integration promoted by the EU: The Eastern Dimension of European Neighbourhood Policy: Reading: L. Delcour: “In Need of a New Paradigm? Rethinking the European Neighbourhood Policy/Eastern Partnership” (provided) Students’ presentation Wed. 13th November
15-18 (Aula 5)
17. The role of the Courts in the regional integration (example: EU) Wed.13thNovember 18-19 (Aula 5)
K.Gromek-Broc 18. 1. European Union: the so-called Stability pact of 1997
http://europa.eu/legislation_summaries/economic_and_monetary_affairs/stability_and_growth_pact/l25021_en.htm and the Stability and Growth Pact http://ec.europa.eu/economy_finance/economic_governance/sgp/index_en.htm
2. Comparing the EU Treaties with NAFTA or MERCOSUR or ECOWAS Students’ presentation Thurs. 14th November 9-11 (Aula 5)
K.Gromek-Broc 19. 1. Test 20 minutes - 5 short questions on the Law of the
Treaties (compulsory attendance)
2. Highest representation at the international level: ASEAN, MERCOSUR, EU. Reading: VCLT, art. 7; TEU arts. 13 & 15, TFEU art. 235-236; Rules of procedure of the European Council:
http://www.consilium.europa.eu/uedocs/cms_data/librairie/PDF/QCRU09001ENC.pdf
Wed.20th November
16-18(Aula 5)
K.Gromek-Broc 20. A) : EU zone’s “fiscal compact”
http://www.consilium.europa.eu/media/1478399/07_-_tscg.en12.pdf;
B) Treaty establishing the European Stability Mechanism http://www.esm.europa.eu/pdf/esm_treaty_en.pdf:
C) Sanction and Enforcement of International Treaties: a
comparison between EU, ASEAN and ANDEAN
Community. Students’ presentation students’ presentation
Thurs.21st November
9-11 (Aula 5)
Special Guest
Auke Bass
European Parliament 21. European Parliament and Parliamentary assemblies in regional integration
Readings: TEU art. 12 and 14, TFEU art. 223-234; Rules of procedure of the European Parliament:
http://www.europarl.europa.eu/sides/getLastRules.do?language=EN&reference=TOC
Wed.27th November
16-18 (Aula 5)
K.Gromek-Broc
22. Regional courts (Comparison) The role of the Courts as actors in Regional Integration (CJEU, Court of Justice of Andean Community, the ECOWAS Court of Justice)
Reading: http://curia.europa.eu/jcms/jcms/T5_5120/en/
http://www.ijrcenter.org/regional-communities/court-of-justice-of-the-andean-community/
http://www.courtecowas.org/site2012/index.php?option=com_content&view=article&id=53&Itemid=9
Regional courts (Comparison)
Representing a case in regional courts: a case in regional court will be assigned to different groups: Game: there will be a small award for the group: the best in pleading their case
Thurs. 28th November
9-11 (Aula 5)

K.Gromek-Broc 23. Regional Integration in Africa and its relationship with the EU (ECOWAS, COMESA, SADC, UMA)
Reading:
Trudi Hartzenberg, Regional Integration in Africa, 2011;
Viljoen, W. Non-tariff barriers affecting trade in the COMESA- EAC-SADC Tripartite Free Trade Agreement, Working Paper, Trade Law Centre for Southern Africa, 2011 provided Wed.4thDecember
16-18
(Aula 5)
K. Gromek-Broc 24. Roundtable discussion what is transferrable from the EU experience of the use of law in regional integration?
Thurs. 5st December
9-11 (Aula 5)

Course Structure /Description
The first part is devoted to the Law of the Treaties. The second part of the course is concerned with the study of legal principles, rules and procedures, and a few classes to the study of some concrete cases of regional integration, based upon the theoretical elements that will have been acquired during the previous classes. A first part of the module will be focusing on the relevant rules in principles of International Treaty Law, based upon the provisions of the Vienna Convention on the Law of Treaties, as well as on institutions of Regional Integration, their functions, set-up and powers. A second part will focus on specific instruments of law enforcement, with a special attention to the powers of courts. The case studies will enable students to understand how the legal rules, principles, procedures etc. apply in practice.

Course Requirements:
Students must satisfy four course requirements for each of the two modules through:
(i) A presentation to the class addressing a specific topic chosen in coordination with the teachers and other students; the presentation should be the result of a group work;
(ii) A short paper, addressing a specific theme of the topic selected for presentation to the class (3000 words);
(iii) Participation in seminar discussions; and
(iii) A final examination (oral) (plus a short test on the Law of the Treaties).

(i) One class presentation, addressing a specific topic (see Class schedule). Each presentation will involve collaboration by 3 to 4 students. Each group should decide upon work allocation as soon as possible and coordinate with the teacher directly or through e-mail in order to organise the timing of the presentation; a short specific bibliography should be provided by a group. The presentations will be worth 25% of the total grade for the Course.

(ii) One short paper (individual 3000 words) on the chosen topic. The paper should have a research question, references and bibliography. It should be analytical and it should engage with the research question. The paper is due no later than 7 days before the oral presentation (strict deadline applies). The papers will be worth 25% of the total grade for the course.

(iii) Class participation. Students are expected to participate actively in the seminar discussions, having read carefully the week’s readings in time for the class. Moreover, each student will be the discussant for at least one oral presentation delivered by other students. In addition, the students should engage in the group tasks during the class. They should participate and take notes about the case, situation or the legal problem. Participation will comprise 25% of the final grade.

(iv) Final Examination (oral) (plus a short test during the course): each student will be required to study the content of the course (required readings), including the topics presented by the groups; during the oral exam the student’s paper will be discussed and the outcome of a short test; the oral exam will count for 25% of the final grade.

[Reminder on academic conduct: All students are expected to comply fully with common standards of good conduct, including with reference to the important issue of plagiarism. All students should, in all assignments, fully and unambiguously cite sources from which they are drawing important ideas. Failure to do so constitutes plagiarism, which is a serious act of academic misconduct and will result in a failing grade for the course. The teacher will explain the issues of plagiarism during the first class.]

Background readings and on-line materials
The Course requires the basic knowledge of International Law that has normally been acquired in the framework of the Course of International Law, during the first year of WIPR. As a first approach to the issues that will be examined, students are invited to read material sent to them for each particular class, among these, Brownlie Principles on International Law, Section on the Law of the Treaties and Jacques ZILLER, The Challenge of Governance in Regional Integration - Key Experiences from Europe, EUI Working papers Law n° 2005/11.

Students will have to bring to each class a print-out of the Vienna Convention on the Law of Treaties; relevant extracts of regional treaties and other legal instruments will have to be brought to class according to the indications given in advance by the teacher.

For those students who wish to deepen their knowledge in international law and in the law of European integration, the following books are recommended:

Further reading:
1. Antje Wiener, European Integration Theory, (OUP) 2019
2. Alex Warleigh-Lack and Nick Robinson, Ben Rosamond, New Regionalism and the
European Union (ed. Routledge) 2011
3. Fredrik Soderbaum, The New Regionalism in Africa, in The International Political Economy
of New Regionalisms Series, (ed. Andrew Grant, Routledge) 2016
4. Woosik Moon, Regional Integration – Europe and Asia Compared, (Routledge), 2017
5. Cannizaro Enzo, The Law of the Treaties beyond the Vienna Convention (OUP) 2011
6. Closa, Carlos & Casini, Lorenzo, Comparative Regional Integration - Governance and Legal
Models (CUP) 2016
7. Merrills J., G,, International Dispute Settlement, (6th ed. CUP) 2017
8. Davidson Scott (ed), The Law of Treaties, (Routledge) 2017
9. Dirk Willem te Velde, Regional Integration and Poverty (TIPENRS) 2017
10. Dimitris Bouris, Tobias Schumacher The Revised European Neighbourhood Policy:
Continuity and Change in EU Foreign Policy, (Palgrave) 2016,
11. Katrin Nyman Metcalf, Ioannis Papageorgiou, Regional Integration and Courts of Justice,
(Intersentia) 2005
12. Anthony Bende-Nabende, Globalisation, FDI, Regional Integration and Sustainable
Development: Theory, Evidence & Practice, (Routledge) 2019
13. Jeremy Richardson, Sonia Mazey, European Union: Power and Policy-making, (4th ed
Routledge) 2015
14. Jurgen Haacke, ASEAN's Diplomatic and Security Culture: Origins, Development and
Prospects (Routledge). 2003,
15. Amitav Acharya, Constructing a Security Community in Southeast Asia: ASEAN.,
(Routledge), 2003

Other publications:
Antonio CASSESE, International law, Oxford University Press, Oxford-New York, (2nded,
CUP) 2005);
Robert SCHÜTZE, European Constitutional Law, (2nd, CUP), 2015.
Jan Klabbers, An Introduction to International Organisations Law, (3rd. CUP), 2015
Jan Klabbers, International Law, (2nd,CUP) 2017
Malcolm Shaw, International Law (8th ed, CUP) 2017
Harris D & Sivakumaran S, Cases & Materials on International Law (8ted, Sweet &
Maxwell), 2015

Assessment
Class Participation 25% of overall mark,
Class Presentation 25 % of overall mark,
Short Paper 25% of overall mark,
Oral Examination 25% of overall mark (This includes a short test in November on the Law of the Treaties)

using some interactive methods, group work, group critical evaluation, group assessment