The course complements the course of the second year in International and EU Law. It aims at opening students to the knowledge of the main international law instruments effective into specific areas of inter-State cooperation. Specific attention is paid to States' practice and to the case law of domestic and international courts and tribunals. The course offers a legal perspective for the analysis of current relevant events involving both States and intergovernmental organizations. Its purposes also include the strengthening of students' ability to apply the founding concepts of public international law to interpret the current state of international relations under a legal perspective.
Expected learning outcomes
At the end of the course, students will be capable to apply the founding concepts of public international law to case studies and international disputes involving States and/or intergovernamental organizations. The study of the teaching materials and the analysis of specific case studies (also during classes, for attending students) will allow students to define the legal dimension of the most frequent and urgent issues arising in specific sectors of inter-state relations. When dealing specific case studies, students will be able to identify the relevant legal discipline under public international law instruments, to interpret and apply it correctly, recurring, at the same time, to the most appropriate language tools.
Lesson period: First trimester
(In case of multiple editions, please check the period, as it may vary)
Unit 1 Peaceful settlement of international disputes The individual under public international law. International law on the protection of human rights. International crimes and international criminal tribunals. The use of force under public international law: prohibition and exceptions.
Unit 2 Privileges and immunnities of diplomatic and consult agents and of other States organs. Customary law, international treaty regimes and case law. Immunity of States from foreign civil jurisiction: customary law, the 2004 New York Convention and case law (International Court of Justice, European Court of human rights and national courts and tribunals). Privileges and immunities of international institutions and their agents. Law of the sea: customary law and the 1982 Montego Bay Convention. The protection of the environment under public international law.
Prerequisites for admission
Students may take the interim and the final exam only if they have already passed the exam of "Diritto della Comunità internazionale e dell'Unione europea" of the second year.
Classes are focused on the analysis of international pratice. The investigation on the text of treaties and international agreements, resolutions adopted by international organizations, judgement by international courts and tribunals will allow a proper understanding of the diverse topics offered to students during classes. The purpose is to provide students with the necessary analytical tools for analysing and solving case studies. Teaching and additional reading materials are published on the Ariel website of the course (https://gadinolfidi.ariel.ctu.unimi.it/).
Unit 1: S.M. CARBONE e altri, Istituzioni di diritto internazionale, V ed., Giappichelli, Torino, 2016: chapters VI, VIII (paras. 1.1-3.11) and IX (paras. 1.1-3.4 and 6.1-7.1).
Unit 2: S.M. CARBONE e altri, Istituzioni di diritto internazionale, V ed., Giappichelli, Torino, 2016: chapters V, X e XI.
Reading materials published on the Ariel website will be part of the programme of the exam.
Unità 2 S.M. CARBONE e altri, Istituzioni di diritto internazionale, V ed., Giappichelli, Torino, 2016: capitoli VI, VIII (limitatamente ai parr. da 1.1 a 3.11) e IX (limitatamente ai parr. 1.1-3.4 e 6.1-7.1). Materiali relativi ai casi trattati durante le lezioni saranno pubblicati sul sito Ariel del corso. Per gli studenti frequentati, questi materiali costituiscono programma d'esame.
Assessment methods and Criteria
The final exam is written, and it consists in open questions on each unit of the course. The purpose is to appraise students': a) knowledge and understanding of the topics covered during classes and included in the programme of the course; b) capacity of applying the tools of public international law to investigate inter-State relations. Particular attention is given to the proper use of legal lexicon. Attending students may take an interim exam on the first unit at the end of the classes of the first part of the course. In alternative, they can take the exam on the whole programme after the end of the course. The final mark is given by the avarage of the grades attained on each of the two units.