Diritto delle organizzazioni internazionali

A.Y. 2020/2021
9
Max ECTS
60
Overall hours
SSD
IUS/13
Language
Italian
Learning objectives
The increasingly significant role that international governmental organizations play within the International Community requires investigating thoroughly the issue of institutionalized international cooperation. Therefore, the course will be devoted to analyse, from a legal perspective, the nature of the cooperation carried out through the institution of intergovernmental organizations, making students grasp the extent to which the activities carried out by such organizations impact on international relations. The course aims, firstly, at transmitting knowledge and understanding of the basics of the subject matter, and, secondly, at providing students with the opportunity to look in depth to some specific legal issues that that arise within the current context of international multilateral relations. Lastly, it also intends to enable students to address and asses such issues autonomously, by developing their attitudes to critical thinking, enhancing their research and communication skills, and their mastery of legal language
Expected learning outcomes
At the end of the course, students will be acquainted with the founding aspects of the law of international organizations, and in the position to grasp the essence of their functioning; they will know and understand the provisions applicable to different thematic areas and mastering legal lexicon. Furthermore, they will be able to resort to the theoretical, and normative toolbox of international law in order to deal autonomously with the most frequent and urgent issues in field of multilateral international relations. By the flipped classroom activities, attending students will also enhance their ability to perform hands-down research tasks and to presents the outcomes in the appropriate fashion
Course syllabus and organization

Single session

Responsible
Lesson period
First trimester
Teaching methods.
Classes will be live-streamed on Microsoft Teams, following the lessons timetable.

Course syllabus and Teaching Resources.
The course program and the teaching materials are unchanged.

Assessment methods and criteria.
Assessments methods and criteria are unchanged. The oral exam will be taken either in class or through Microsoft Teams, depending on the rules in force at that time.
Course syllabus
A) Attending students
Law of international organizations, the basics:
The concept of international organization - The membership issues - The immunities and privileges of international organizations and of their officials - The budget issues - The institutional framework: the different structures and operative models - The international legal personality of international organizations - The internal legal system of international organizations.
The United Nations, selected issues:
Overview - The membership issues -- The institutional framework and its functioning - The functions of the UN and their limits - Maintaining international peace and security: the role of the Security Council under Chapter VII of the Charter - The UN Legal system.
International organizations facing pandemic outbreaks
The UN Response to COVID-19 - The World Health Organization, selected issues: The institutional framework and its functioning - The membership issues - The normative output - The International Health Regulation - The budget issues.

B) Not attending students
Law of international organizations, the basics:
The concept of international organization - The membership issues - The immunities and privileges of international organizations and of their officials - The budget issues - The institutional framework: the different structures and operative models - The international legal personality of international organizations - The internal legal system of international organizations.
The United Nations:
Overview - The membership issues -The institutional framework - The UN functions and their limits -¬ The budget issues - The UN Legal system.
The World Health Organization:
Overview - The International Health Regulations.
Prerequisites for admission
Mastery of the basics of international law. Recommended readings to students who want to reinforce their knowledge of the basics of international law: Dixon, Textbook on International Law, Oxford University Press (possibly, the most recent available edition), or an analogous textbook on this subject.
Teaching methods
Lectures supported by power point presentations and case studies, practical examples and debates.
A flipped classroom approach will be adopted during the last part of the course: students will investigate specific topics in depth, working in team; each team will present the results of its research and lead the debate in the classroom under the supervision of the teacher.
Teaching Resources
A) Attending students:
Law of international organizations, the basics:
· Ugo Draetta, "Principi di diritto delle organizzazioni internazionali", Giuffrè, 2020, ISBN 9788828821120, pp.1-207.
The United Nations, selected issues:
· Benedetto Conforti, Carlo Focarelli, "Le Nazioni Unite", CEDAM-Wolters Kluwer, 2020, ISBN 9788813373603, pp. 1-66, 83-138, 178-217, 240-358, 497-530.
International organizations facing pandemic outbreaks:
· "The Security Council as a global 'health keeper'? Resolution 2177 (2014) and Ebola as a threat to the peace", Introduced by Maurizio Arcari, Paolo Palchetti; "Ebola, the Security Council and the securitization of public health", by Luca Burci, in Questions of International Law (QUI, http://www.qil-qdi.org/ ), Zoom-in 10 (2014), pp. 1-3, 27-39.
· "COVID-19 and multilateral governance at the United Nations between risk-prevention, procedural adaptation and feeble response", Introduced by Enrico Milano and Giulio Bartolini,; "The United Nations principal political organs and the universal pandemic: How to meet, negotiate and deliberate under 'new, extraordinary and exceptional circumstances'?", by Giuseppe Nesi; "The health of international cooperation and UNGA Resolution 74/274", by Raymundo Treves, in Questions of International Law (QUI, http://www.qil-qdi.org/ ), Zoom-in 70 (2020), pp.1-4, 5-20, 21-36.
· Angelo Davì, "Organizzazione mondiale della sanità", in Enciclopedia del diritto, XXX, 1091 (access through the UNIMI website > Libraries > Digital Library); Yves Beidbeger, "World Health Organization (WHO)", in Max Planck Encyclopedia of International Law [MPEPIL] (access through the UNIMI website > Libraries > Digital Library).
· Adam Kamradt-Scott, "The International Health Regulations (2005)", in International Organizations Law Review, 16 (2019), pp. 242-271 (access through the UNIMI website > Libraries > Digital Library).
· Jan Klabbers, "The Normative Gap in International Organizations Law. The Case of the World Health Organization", in International Organizations Law Review, 16 (2019), pp. 272-298 (access through the UNIMI website > Libraries > Digital Library).
· Kristina Daugirdas, Gian Luca Burci "Financing the World Health Organization. What Lessons for Multilateralism?", in International Organizations Law Review, 16 (2019), pp. 299-338 (access through the UNIMI website > Libraries > Digital Library).
· Steven A. Solomon, Claudia Nannini, "Participation in the World Health Organization", in International Organizations Law Review, 17 (2020), pp. 261-290 (access through the UNIMI website > Libraries > Digital Library).
Further materials (primary sources, such as case-law and legal acts) will be made available through the Ariel web-site of the course.

B) Not attending students:
Law of international organizations, the basics:
· Ugo Draetta, "Principi di diritto delle organizzazioni internazionali", Giuffrè, 2020, ISBN 9788828821120, pp. 1-235.
The United Nations:
· Benedetto Conforti, Carlo Focarelli, "Le Nazioni Unite", CEDAM-Wolters Kluwer, 2020, ISBN 9788813373603, pp. 1-530.
The World Health Organization:
· Angelo Davì, "Organizzazione mondiale della sanità", in Enciclopedia del diritto, XXX, 1091, accessibile dal portale UNIMI, Servizio bibliotecario di Ateneo.
· Yves Beidbeger, "World Health Organization (WHO)", in Max Planck Encyclopedia of International Law [MPEPIL] (access through the UNIMI website > Libraries > Digital Library).
· Adam Kamradt-Scott, "The International Health Regulations (2005)", in International Organizations Law Review, 16 (2019), pp. 242-271 (access through the UNIMI website > Libraries > Digital Library).
Assessment methods and Criteria
The final exam is oral (6 scheduled dates during the academic year) and it usually consists of three questions - one on each part of the course program - aiming at verifying the student's capacity to expose and contextualize the notions they have learned on the phenomenon of international organization. In order to pass the exam, the candidate should demonstrate at least a sufficient knowledge in each and every part of the course program tested. Students' communication skills and mastery of legal lexicon will also be evaluated, together with their ability to link different legal issues and to solve new problems, hypothetical or connected to current events, even resorting to the examples that are offered by the praxis of international organizations.

At the oral exam, attending-students that have actively participated to the flipped classroom activities will be tested on the two first parts of the course program only (i.e. Law of international organizations, the basics; The United Nations, selected issues). The final grade will result from the sum of the exam grade (2/3 of the final grade) and the grade obtained in such classroom activities (1/3 of the final grade).
IUS/13 - INTERNATIONAL LAW - University credits: 9
Lessons: 60 hours
Professor: Sandrini Lidia