International law and international law on sustainable development

A.A. 2020/2021
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
Primo semestre
The following variations to the ordinary syllabus will apply during the continuing covid emergency.

TEACHING METHODS
In the first semester, Monday's classes will be taught in a multimedia classroom following the lessons timetable and will be live-streamed. Students will be able to attend in person (within the limits required by the social distancing rules applicable at the material time) or remotely.
The other classes will be live-streamed on Microsoft Teams, following the lessons timetable.
Live-streamed lessons will be recorded and will be available on the online platform.
The course will alternate and combine lectures and seminar teaching and will be tailored to match the learning necessities of students attending physically and remotely alike. Classes may require prior readings and include pre-recorded components.

SYLLABUS
The course programme is unchanged. However, the specific contents of classes will adapt to the teaching methods outlined above.

TEACHING RESOURCES
Reference materials for each class will be adjusted to the distance learning modality and uploaded to the Ariel course website.

ASSESSMENT METHODS AND CRITERIA
To cope with possible attendance issues, Class attendance and participation will be taken into account only as an additional component of the assessment.
The modalities of assessment may vary. An oral exam may take place instead of the written tests unless all students will be able to physically attend an exam at the University premises or the University will provide a platform for written exams by remote. In the latter case, a single written test for the two parts may be envisaged. Updated information will be given through the ARIEL website of the Course in due time.
Programma
The Course is divided into two parts that will take place in parallel.
PART I: Public International Law(Prof. Cesare Pitea, 55 hours)
This part explores and analyses the main issues regarding the structure and the functioning of the international legal system. In doing so, issues, themes and cases relevant to the concept of sustainable development will constantly be referred to.
- Notion and nature of public international law and the challenges of sustainable development
- Subjects and actors of international law and the expansion of its subjective reach in the framework of sustainable development
- Law-making in international law and its transformation in the light of sustainable development
- Implementing international law: Responsibility and liability of States and International Organizations; monitoring procedures and dispute settlement;

PART II: European Union Law (Prof. Ilaria Anrò, 8 hours)
Explores and analyses the main issues regarding the foundations of European Union Law.
- History of European integration
- EU Institutions
- Legislative process and principles
- EU law in domestic legal systems
- The EU judicial system.
Prerequisiti
Basic knowledge of public international law is recommended.
Metodi didattici
Course attendance is mandatory, meaning that students will be required to attend at least 70% of classes.
The classes will combine lectures and discussion of relevant issues/cases. Students will be required to read certain materials in advance of the class and actively participate in structured discussions of issues and/or cases.
Materiale di riferimento
The following textbooks will provide students with the basic elements of knowledge for Module A of the Course:

- Part I (Public International Law):
A. Tanzi, A Concise Introduction to International Law, Giappichelli/Eleven, 2019;
P. Gaeta and others (eds), Cassese's International Law, OUP, 2020.

- Part II (EU Law):
R. Schütze, European Union Law, Cambridge University Press, 2018, Part I Constitutional Foundations limited to: 1."Constitutional History: From Paris to Lisbon" (p. 3 - 41); 3."European Law I: Nature - Direct effect" (p. 76 - 117); 5. "Governmental Structure: Union Institutions I" (p. 150 -187); 6. "Governmental Structure: Union Institutions II" (p. 189 -223); Part II, Governmental Powers, limited to "Legislative Powers: Competences and Procedures" (p. 225 -265).

Further 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 for each Part, as follows.
Part I (Public International Law)
- (December) a written test (multiple choices and open questions) at the end of classes, plus
- (January/February) a short essay (1 500 words) commenting on a sustainable development case; the cases/topics will be posted on Ariel and students will have a set time to upload their essay.
Part II (EU law)
- (December) a written test (multiple choices and open questions) at the end of the classes.
NB: students who have previously received instruction in EU law will be required to exhibit the transcript of their University. Should the transcript demonstrate that the students have already taken an exam to be considered sufficient to have a basic knowledge of EU Law, they will be exempted from attending the class and taking the final test: they will have instead to submit a paper on a selected topic of EU Law.
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 ability to present a well-structured and clear legal argument (in abstract or concerning 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) the mark obtained in the test and the written exam,
b) plus a reward for active participation in the course and to the activities that form an integral part of it;

The final mark/grade will be expressed in **/30.

The relative weight of the assessment obtained of each part will be:
Part I (Public International Law) 85%
- Written test: 50%
- Essay: 35%
IUS/13 - DIRITTO INTERNAZIONALE - CFU: 9
Lezioni: 63 ore
Docente/i
Ricevimento:
Mercoledì 10:30-12:30
Dip. Diritto pubblico italiano e sovranazionale, Piano terra