International Organisation

A.Y. 2019/2020
9
Max ECTS
60
Overall hours
SSD
IUS/13
Language
Italian
Learning objectives
The aim of this course is to provide the analytical tools necessary to understand the basic characteristics of the international community and the structure of the international legal system. The course will first of all explore the main concepts of international law looking at their historical, political and social reality, in the light of the jurisprudence, the practice and the international case-law (unit 1 and unit 2). It will then focus on the legal aspects of the international organizations, namely collective entities established by States to strengthen international cooperation (unit 3). The main objective of this course is to offer students the necessary knowledge in order to critically apply the legal notions to concrete situations, and to also develop a basic legal expertise and Language.
Expected learning outcomes
The students who will learn the program and will successfully pass the exam are expected to develop their understanding about the issues taught during the course. They will also develop a wider ability to making judgements and their learning skills. Communication skills will be improved too.
Course syllabus and organization

A-K

Responsible
Lesson period
First semester
Course syllabus
1) The international legal system: the main features of the international legal system; the historical evolution of international society. - 2) The State: the State and the succession between States. - 3) The other subjects of the international legal system: insurgents, national liberation movements and other entities; international organizations; individuals and other non-State actors. - 4) Creation and implementation of international norms: sources of international law, custom and codification; the «ius cogens»; the treaties, Other lawmaking processes; international law and domestic legal systems. - 5) International disputes and State responsibility: settlement of international disputes; international wrongful acts and their legal consequences; serious breaches and aggravated international responsibility. - 6) The law of international organizations: international organizations and their members; structure and functioning of international organizations; the international legal personality of international organizations and their internal law; - 7) The United Nations: origin and main organs; purposes and main functions of the United Nations. - 8) The European Union: The European integration process, the institutional framework and the sources of EU law; the EU judicial system.
Prerequisites for admission
none
Teaching methods
Apart from frontal lectures, attending students will be involved in discussing case studies.
Bibliography
A. Cassese, Diritto internazionale, Terza edizione (a cura di Micaela Frulli), Il Mulino, Bologna, 2017; capitoli I, II, III, VI, VII (paragrafi 1, 2, 3, 4, 5), VIII, IX, X, XI, XII, XIII, XIV, XV e XVI (paragrafi 1, 2, 3, 4, 5, 6, 7, 8 e 9)
U. Draetta, Principi di diritto delle organizzazioni internazionali, Terza edizione, Giuffrè, Milano, 2010;
A.M. Calamia-V. Vigiak, Diritto dell'Unione europea (Manuale breve), Giuffrè, Milano, 2011 (capitoli I, II, III, IV, V e VIII).
Assessement methods and criteria
- Students attending the lectures
At the end of the second module there will be a an intermediate written exam, consisting of a test with multiple choices and two open questions on the topics dealt with during the first two modules. This exam aims to verify the student's capacity to understand the fundamental features, as well as the main contentious issues of international law, and to expose in a clear and appropriate technical language the notions learned. The final exam will also consist of a test with multiple choices and one open question, dealing with problems connected to the functions, structure and operation of the main UN and EU organs. The grade obtained in the written intermediate exam accounts for two thirds of the final grade.
Students NOT attending the lectures:
The final exam is oral and it consists of two or three questions aiming to verify the student's capacity to expose and to contextualize the problems connected, on one side, to the fundamental features of international law; on the other side, to the functions, structure and operation of the main UN and EU organs; and to establish all the necessary links among the different notions they have learned, and to solve new problems, hypothetical or connected to current events.
Teaching Unit 1
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Professor: Ponti Christian
Teaching Unit 2
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Professor: Ponti Christian
Teaching Unit 3
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Professor: Mainetti Vittorio

A-Z

Responsible
Teaching Unit 1
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Teaching Unit 2
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Teaching Unit 3
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours

L-Z

Responsible
Lesson period
Second semester
Course syllabus
The course is divided into two parts.

Part 1 (30 hours): Introduction to the law of the International Community. Legal relationships in the international legal order: sources of international law and their implementation within national legal orders. States as the primary subjects of the International Community.

Topics:
Introduction the law of the International Community.
Sources of international law: Custom and its codification; treaties and sources envisaged in international treaties; hierarchy of sources in international law.
Implementation of international rules within national systems.
States: commencement of their existence; States vs. other international legal subjects; international succession between State; territorial sovereignty and the function of international law; spaces and limits of State sovereignty: from territorial sea to outer space.

Part 2 (30 hours): The pathological phase of international legal relationship. International organisations (UN model vs. EU model). Individuals in the international legal order.

Topics:
The settlement of disputes by peaceful means and the International Court of Justice.
State Responsibility and its consequences.
Enforcement of international law: counter-measures and the general prohibition of the use of force.
International organisations as legal subjects and their evolutions; membership and institutional framework (UN model vs. EU model); acts of international organisations; EU legal order.
Individuals as legal subjects; international protection of human rights; EU citizenship.
Prerequisites for admission
No prior knowledge of the subject is required.
Teaching methods
Frontal lessons.
Bibliography
Textbook: A. Gioia, Diritto internazionale, 6ª edizione, Milano, 2019 (excluding the following chapters: XV, XVI, XVII, XXIII, XXIV, XXVII)
Further reading materials made available on the website of the course.

Beside the textbook and the further compulsory reading materials, it is highly recommended the consultation of any piece of international practice discussed in class. To this aim, see:
M. Frigo, A. Lang, M. Valenti, Diritto della Comunità internazionale e dell'Unione europea, 3ª edizione, Torino, 2015;
R. Luzzatto, F. Pocar, Codice di diritto internazionale pubblico, 7ª edizione, Torino, 2016.
Assessement methods and criteria
The written exam is divided into two parts - a multiple choice test and an open question - and aims at ascertaining whether the student has learnt the fundamental concepts of international law and if he/she is able to present them with appropriate vocabulary and an adequate critical eye. The test, contributing to the 2/3 of the final mark, aims at evaluating the knowledge of the subject; the open question, contributing for the other 1/3, aims at evaluating the ability of present his/her knowledge with appropriate vocabulary and an adequate critical eye.
During the course, two intermediate written tests are scheduled, halfway through and at the end of the course. The first test aims to ascertain that the student has gained knowledge the first part of the programme. The second test aims to ascertain that the student has acquired the knowledge of the second part of the programme. The final grade that will be recorded will be given by the average of the marks obtained in the two intermediate tests.
Teaching Unit 1
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Teaching Unit 2
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Teaching Unit 3
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours