Law of International Organizations
A.Y. 2021/2022
Learning objectives
The 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 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.
Lesson period: First trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
First trimester
More specific information on the delivery modes of training activities for academic year 2021-2022 will be provided over the coming months, based on the evolution of the public health situation.
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 dispute settlement within international governmental organizations: The principle of peaceful settlement of disputes in the perspective of the law of international organizations - Dispute settlement mechanisms and procedures: the praxis.
***
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.
International dispute settlement within International Governmental Organizations: Legal Remedies against Acts of International Organizations - Resolution of disputes between international organizations and their employees.
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 dispute settlement within international governmental organizations: The principle of peaceful settlement of disputes in the perspective of the law of international organizations - Dispute settlement mechanisms and procedures: the praxis.
***
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.
International dispute settlement within International Governmental Organizations: Legal Remedies against Acts of International Organizations - Resolution of disputes between international organizations and their employees.
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.
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.1-208 (§ 17.7 included).
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 dispute settlement within International Governmental Organizations:
(The articles/entries listed below are available through the digital library of the University Library System; access instructions will be provided at lesson)
· BAE, Review of the Dispute Settlement Mechanism Under the International Civil Aviation Organization: Contradiction of Political Body Adjudication, in 4 (2013) Journal of International Dispute Settlement 65
· EWING-CHOW, YUSRAN, Dispute Settlement Mechanisms: Association of Southeast Asian Nations (ASEAN), MPEiPro, 2019
· HOERAUF, The United Nations Al-Qaida Sanctions Regime after U.N. Resolution 1989: Due Process Still Overdue?, 26 (2012) Temp. Int'l & Comp. L.J. 213
· KLEIN, Human Rights Advisory Panel: United Nations Interim Administration Mission in Kosovo (UNMIK), MPEiPro, 2019
· RIDDELL, Administrative Boards, Commissions and Tribunals in International Organizations, MPEPIL, 2010
· SACERDOTI, International Trade Disputes, MPEiPro, 2019, esclusivamente i parr. E e F
· WOJCIKIEWICZ ALMEIDA, MERCOSUR Dispute Settlement System, MPEiPro, 2018,
· WONG, Inspection Panel: World Bank, MPEiPro, 2019
Attending students will complete their study with their class notes, including their presentation and those of their colleagues.
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.
International dispute settlement within International Governmental Organizations:
· RIDDELL, Administrative Boards, Commissions and Tribunals in International Organizations
· SCHMALENBACH, International Organizations or Institutions, Legal Remedies against Acts of Organs
(both the entries are published in Max Planck Encyclopedia of International Law [MPEPIL] - access through the UNIMI website > Libraries > Digital Library - and will also be available on the course website)
Further materials (primary sources, such as case-law and legal acts) will be made available through the Ariel web-site of the course.
Law of international organizations, the basics:
· Ugo Draetta, "Principi di diritto delle organizzazioni internazionali", Giuffrè, 2020, ISBN 9788828821120, pp.1-208 (§ 17.7 included).
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 dispute settlement within International Governmental Organizations:
(The articles/entries listed below are available through the digital library of the University Library System; access instructions will be provided at lesson)
· BAE, Review of the Dispute Settlement Mechanism Under the International Civil Aviation Organization: Contradiction of Political Body Adjudication, in 4 (2013) Journal of International Dispute Settlement 65
· EWING-CHOW, YUSRAN, Dispute Settlement Mechanisms: Association of Southeast Asian Nations (ASEAN), MPEiPro, 2019
· HOERAUF, The United Nations Al-Qaida Sanctions Regime after U.N. Resolution 1989: Due Process Still Overdue?, 26 (2012) Temp. Int'l & Comp. L.J. 213
· KLEIN, Human Rights Advisory Panel: United Nations Interim Administration Mission in Kosovo (UNMIK), MPEiPro, 2019
· RIDDELL, Administrative Boards, Commissions and Tribunals in International Organizations, MPEPIL, 2010
· SACERDOTI, International Trade Disputes, MPEiPro, 2019, esclusivamente i parr. E e F
· WOJCIKIEWICZ ALMEIDA, MERCOSUR Dispute Settlement System, MPEiPro, 2018,
· WONG, Inspection Panel: World Bank, MPEiPro, 2019
Attending students will complete their study with their class notes, including their presentation and those of their colleagues.
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.
International dispute settlement within International Governmental Organizations:
· RIDDELL, Administrative Boards, Commissions and Tribunals in International Organizations
· SCHMALENBACH, International Organizations or Institutions, Legal Remedies against Acts of Organs
(both the entries are published in Max Planck Encyclopedia of International Law [MPEPIL] - access through the UNIMI website > Libraries > Digital Library - and will also be available on the course website)
Further materials (primary sources, such as case-law and legal acts) will be made available through the Ariel web-site of the course.
Assessment methods and Criteria
The final exam is oral (6 scheduled dates during the academic year) and 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 shall 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.
Attending-students: the final grade will result from the weighted sum of the exam grade (2/3 of the final grade) and the grade obtained in classroom activities (1/3 of the final grade).
Attending-students: the final grade will result from the weighted sum of the exam grade (2/3 of the final grade) and the grade obtained in classroom activities (1/3 of the final grade).
Professor(s)