The basic notions of public international law will be the object of this course. Subjects, sources, the law of treaties, the law of state responsibility, immunity and the peaceful settlemnet of disputes
Course Content - Last names J-Z
The course offers students the basic knowledge concerning the role international law plays in the international society. Students will learn about the main mechanisms that regulate the functioning of the international community. Making use of the main international law tools, students will also be able to propose legal solutions to regulate inter-State relations.
A.Cassese, Diritto internazionale (a cura di Micaela Frulli), 4° edizione, Bologna, Il Mulino, 2021
at your choice: 1) or 2)
A.Cassese ( a cura di M Frulli), Il diritto internazionale in Italia, Il Mulino, 2021 (pp.21-135)
2) P. Pustorino, Lezioni di tutela internazionale dei diritti umani, Cacucci, 2° ed, 2020, pp.1-93 e 227-248
All Students (attending and not) are recommended to consult the following documents: the Vienna Convention on the Law of Treaties (1969), the Vienna Convention on Diplomatic Relations (1961), the Montego Bay Convention on the Law of the Sea (1982), the Charter of the United Nations, the Statute of the International Court of Justice and, finally, the Italian Constitution. Students can easily download them from the web.
1) A. Cassese, "Diritto Internazionale" (a cura di Micaela Frulli), 4th edition, Il Mulino, 2021
2) P. Pustorino, Lezioni di tutela internazionale dei diritti umani, Bari Cacucci, 2019, pp.1-86
or
A.Cassese, Il diritto internazionale in Italia, (a cura di Micaela Frulli), Il Mulino, 2021 (pp. 21-135)
Learning Objectives - Last names A-I
The course aims to provide an adequate basic knowledge of public international law. The student will acquire the ability to identify the subjects of international law, examine the sources, and know the rules on State liability for wrongful acts
Learning Objectives - Last names J-Z
• The course offers the basic knowledge to understand the role of law in international society.
• It adopts an approach that is not exclusively legal; indeed it considers international law as an order that is formed and evolves (or regresses) in consideration of the historical, social and political context. Students are therefore expected to understand the deep reasons that led to the creation, application or non-compliance of rules governing the relationship between States, international organizations, insurrectional movements, etc
• The course allows students to acquire the knowledge to answer concrete questions such as, for example, is Hong Kong entitled to secede from China? Do the people of Belarus have a right to democratic institutions guaranteed by the international order? Do the Kurds have the right to self-determination under international law? Is Palestine a State? Can Italy lawfully prohibit the entry into its ports of NGO ships that have rescued shipwrecked people (migrants) on the high seas? Can China be called to answer before the courts of a foreign State in lawsuits for compensations for the damage caused by the pandemic? Is the use of armed drones in targeted killing operations justifiable as a measure of legitimate defense?
Prerequisites - Last names A-I
The study of international law presupposes knowledge of basic legal notions. It is strongly recommended that you have already passed the exam of Institutions of Public Law.
Prerequisites - Last names J-Z
It is highly recommended to take the exam of international law after the exam of Istitutioni di diritto pubblico.
Teaching Methods - Last names A-I
Lectures: 63 hours
Teaching Methods - Last names J-Z
Lectures (63 hours)
From 8 October, lessons will no more be recorded. Students will find additional materials on Moodle and could ask for further clarifications about topics dealth with during class lessons joining the following meetings:
21 ottobre, ore 15: https://meet.google.com/mpt-doxf-hbj
5 novembre, ore 15: https://meet.google.com/xst-udcs-doo
3 dicembre, ore 15: https://meet.google.com/srn-ziem-zhf
Further information - Last names A-I
Highly recommended to visit the website connected to the handbook: Pandora WEB where there are test exercises and other materials
Further information - Last names J-Z
Enrolment to the course on Moodle: The enrolment is necessary to access to the Moodle-Weber connector. It provides students with the access to on-line classes.
Type of Assessment - Last names A-I
The final exam will be an interview by means of oral questions if online otherwise written exam (3 questions 1 hour and a half)
.
Type of Assessment - Last names J-Z
Starting December 2021:
White Zone: The exam will take place in the written form. It will consists in three questions to reply in 1 hour and an half.
Students who for health reasons/health emergency cannot come be present, will still be allowed to carry out the exam in oral form, remotely, on a date and time to be agreed with the teacher.
Yellow, orange and red Zones: remote examination. After the closing of the exam registrations, students will receive a communication via email with the indication of the connection to and instructions on how to prepare the station for the exam.
Course program - Last names A-I
Part I: Characteristics and Historical Evolution of the International Community.The subjects of international law. The State and its organs. Birth and extinction. State Succession. The sovereignty over the territory and on people. Privileges and immunities of the State and its organs. Other subjects: international organizations, insurgents, MLN, Holy See, individuals.
Part II: Sources: Custom, Treaties, Ius Cogens and other Sources. Relationships between international law and domestic law. Wrongful acts and State responsibility. Prevention and settlement of disputes.