International law and international law on sustainable development

A.A. 2019/2020
9
Crediti massimi
63
Ore totali
SSD
IUS/13
Lingua
Inglese
Obiettivi formativi
The Course explores the functioning of the international and European legal systems and how they deal with the concept of sustainable development.
The course aims at explaining:
- the fundamental aspects of the normative process of making and applying Public International Law within a pluralistic and globalized legal order;
- the process of European integration in its legal and institutional aspects or, for those students having already received education in EU Law, to advance their knowledge and understanding of EU Law, especially relating to sustainable development;
- the normative role of the concept of sustainable development in contemporary international law and of the legal techniques to foster the integration of economic, social, and environmental concerns in the process of international law.
Risultati apprendimento attesi
Upon successful completion of the course, students will be able to:
- understand how international and EU law are made, interpreted, and applied, as well as how international law deals with sustainable development issues, with specific references to the legal techniques to further an integrated (rather than a fragmented) approach to international law;
- identify and apply the relevant legal notions learnt during the course to practical cases, through the study of the practice of States and International Organizations and the analysis of relevant international and national case-law
- frame the legal analysis of a given issue from the perspective of public international law and EU law and put forward legal arguments on issues of international law relating to sustainable development
- express basic and intermediate concepts of international and EU law in a coherent and adequate fashion, using proper legal terminology
- familiarise with the method of research and study of international and EU law, including by learning how to search and use primary sources, case-law, and scholarship.
Programma e organizzazione didattica

Edizione unica

Responsabile
Periodo
annuale
Programma
Module A (first semester)
explores and analyses the main issues regarding the structure and the functioning of the international legal system (Part I) and the foundations of European Union Law (Part II).
PART I: Public International Law (Prof. Pitea, 34 hours)
- Notion and nature of public international law
- Subjects and actors of international law
- Law-making in international law
- Implementing international law: Responsibility and liability of States and International Organizations; monitoring procedures and dispute settlement; international law in domestic legal systems
PART II: European Union Law (Prof. Anrò, 8 hours)
- History of European integration
- EU Institutions
- Legislative process and principles
- EU law in domestic legal systems
- The EU judicial system.

Module B (second semester) explores how international law deals with the challenges of sustainable development (Part III).
*Part III: International law on sustainable development (Prof. Pitea, 34 hours)
- The notion, status, and normative functions of sustainable development
- International human rights law and sustainable development
- International environmental law and sustainable development
- International economic law and sustainable development
Prerequisiti
There are no prerequisites for this course.
However, Erasmus students attending only Module B (second semester) must have a basic knowledge of public international law.
Metodi didattici
Course attendance is mandatory, meaning that students will be required to attend at least 70% of classes.
MODULE A (first semester) will predominantly take place through lectures
However, during the course, students will be required to read certain materials in advance of the class and actively participate in structured discussions of issues and/or cases.
MODULE B (second semester) will comprise introductory lectures as well as class discussion of cases and other materials.
Materiale di riferimento
MODULE A (first semester)
The following textbooks will provide students with the basic elements of knowledge for Module A of the Course:
- for International Law: A. Tanzi, A Concise Introduction to International Law, Giappichelli/Eleven, 2019
- for EU Law: EU: A. Arnull and D. Chalmers (eds), The Oxford Handbook of EU Law, Oxford University Press, 2015, only Chapters 4, 5, 6, 7, 8, 9, 15, and 16

Further mandatory and suggested readings will be given during the course and be available on the Ariel page of the Course.

MODULE B (second semester)
Materials and mandatory and suggested readings will be given during the course and be available on the Ariel page of the Course.
Modalità di verifica dell’apprendimento e criteri di valutazione
An examination will take place at the end of each part. The exams will aim at verifying:
· the acquisition of basic notions and skills, as well as the ability to apply the knowledge, through a multiple-choice test;
· the capacity to present a clearly present a legal argument (in abstract or in relation to a case) using appropriate categories and language, through a written exam produced either in class or at home
For each part, students will be assessed upon:
a) active participation in the course and to the activities that form an integral part of it (10%);
b) the mark obtained in the test and the written exam (90%).
The final mark/grade will be expressed in **/30. The relative weight of the assessment obtained of each part will be: 55% (first part) - 12% (second part) - 33% (third part)

NB: students already having already received instruction in EU law will be required to take a preliminary test to verify their basic knowledge of EU Law. In case of success, they will be exempted from attending the class and taking the final test: they will have only to submit a paper to comment on a recent judgement of the Court of Justice of the EU.
Moduli o unità didattiche
International law and international law on sustainable (A)
IUS/13 - DIRITTO INTERNAZIONALE - CFU: 6
Lezioni: 63 ore

International law and international law on sustainable (B)
IUS/13 - DIRITTO INTERNAZIONALE - CFU: 3
Studio e pratica individuale: 0 ore

Docente/i
Ricevimento:
Mercoledì 10:30-12:30
Dip. Diritto pubblico italiano e sovranazionale, Piano terra