International law
A.A. 2022/2023
Obiettivi formativi
International Law - Objectives
International law is the legal system of the international community, a community formed essentially by States, although it encompasses other relevant actors, such as international organizations and individuals, with different degrees of active participation. The objective of the course is to lead students to understand the fundamental concepts of such a system, such as the sources of the law, the legal subjects, the functioning of State responsibility, to acquire its logic, and to be able to apply both, concepts and logic, to the analysis of specific cases. This objective will be achieved through the direct involvement of students in the analysis of cases decided by the International Court of Justice and other international tribunals, as well as of hypotheticals. This will contribute in strengthening their critical thinking and their ability to communicate orally and in writing, and enabling them to solve new problems.
International law is the legal system of the international community, a community formed essentially by States, although it encompasses other relevant actors, such as international organizations and individuals, with different degrees of active participation. The objective of the course is to lead students to understand the fundamental concepts of such a system, such as the sources of the law, the legal subjects, the functioning of State responsibility, to acquire its logic, and to be able to apply both, concepts and logic, to the analysis of specific cases. This objective will be achieved through the direct involvement of students in the analysis of cases decided by the International Court of Justice and other international tribunals, as well as of hypotheticals. This will contribute in strengthening their critical thinking and their ability to communicate orally and in writing, and enabling them to solve new problems.
Risultati apprendimento attesi
By the end of the course, students will have acquired the basic concepts and will understand the logic of the international legal system. On the basis of the acquired knowledge, they shall be able to apply those concepts and logic to the analysis of specific cases. This objective will be achieved through the direct involvement of students in the analysis of cases decided by the International Court of Justice and other international tribunals, as well as of hypotheticals. This will contribute in strengthening their critical thinking and their ability to communicate orally and in writing, and enable them to solve new problems.
Periodo: Primo trimestre
Modalità di valutazione: Esame
Giudizio di valutazione: voto verbalizzato in trentesimi
Corso singolo
Questo insegnamento non può essere seguito come corso singolo. Puoi trovare gli insegnamenti disponibili consultando il catalogo corsi singoli.
Programma e organizzazione didattica
Edizione unica
Responsabile
Periodo
Primo trimestre
More specific information on the delivery modes of training activities for academic year 2022/2023 will be provided over the coming months, based on the evolution of the public health situation.
Programma
A) Programme for attending students (="frequentanti").
The course is divided in three modules. The first module will investigate the nature of international law, its sources and legal persons. The following topics will be developed:
- Notion and brief history of international law
- The sources of international law: treaties. The law of treaties
- The sources of international law: custom and general principles
- Other sources; the hierarchy of norms: jus cogens
- Codification and progressive development of international law
- International law and municipal law
- Personality in the international legal system: States
- Other legal persons: international organizations; individuals.
The second module will delve into the content of international law, dealing with some of the sectors of international life regulated by its norms:
- Sovereignty and jurisdiction
- State immunity
- Diplomatic and other State organs' immunities
- The law of the sea
- International environmental law
- International economic relations
- International health law
- Human rights
- International criminal law
The third module will go back to some fundamental structural aspects of the international legal system:
- State responsibility: internationally wrongful acts and their consequences
- The use of force: the jus ad bellum
- The UN and their collective security system
- The peaceful settlement of international disputes: diplomatic and arbitral/judicial methods.
B) Programme for non attending students (="non frequentanti").
The programme may be divided in three parts:
1. The nature of international law, its sources and legal persons. In particular:
- Notion and brief history of international law
- The sources of international law: treaties. The law of treaties
- The sources of international law: custom and general principles
- Other sources; the hierarchy of norms: jus cogens
- International law and municipal law
- Personality in the international legal system: States
- Other legal persons: international organizations; individuals.
2. The content of international law, dealing with some of the sectors of international life regulated by its norms:
- Sovereignty and jurisdiction
- State immunity
- Diplomatic and other State organs' immunities
- The law of the sea
- International environmental law
- International economic relations
- Human rights
- International criminal law
3. Some fundamental structural aspects of the international legal system:
- State responsibility: internationally wrongful acts and their consequences
- The use of force: the jus ad bellum and the jus in bello
- The UN and their collective security system
- The peaceful settlement of international disputes: diplomatic and arbitral/judicial methods.
The course is divided in three modules. The first module will investigate the nature of international law, its sources and legal persons. The following topics will be developed:
- Notion and brief history of international law
- The sources of international law: treaties. The law of treaties
- The sources of international law: custom and general principles
- Other sources; the hierarchy of norms: jus cogens
- Codification and progressive development of international law
- International law and municipal law
- Personality in the international legal system: States
- Other legal persons: international organizations; individuals.
The second module will delve into the content of international law, dealing with some of the sectors of international life regulated by its norms:
- Sovereignty and jurisdiction
- State immunity
- Diplomatic and other State organs' immunities
- The law of the sea
- International environmental law
- International economic relations
- International health law
- Human rights
- International criminal law
The third module will go back to some fundamental structural aspects of the international legal system:
- State responsibility: internationally wrongful acts and their consequences
- The use of force: the jus ad bellum
- The UN and their collective security system
- The peaceful settlement of international disputes: diplomatic and arbitral/judicial methods.
B) Programme for non attending students (="non frequentanti").
The programme may be divided in three parts:
1. The nature of international law, its sources and legal persons. In particular:
- Notion and brief history of international law
- The sources of international law: treaties. The law of treaties
- The sources of international law: custom and general principles
- Other sources; the hierarchy of norms: jus cogens
- International law and municipal law
- Personality in the international legal system: States
- Other legal persons: international organizations; individuals.
2. The content of international law, dealing with some of the sectors of international life regulated by its norms:
- Sovereignty and jurisdiction
- State immunity
- Diplomatic and other State organs' immunities
- The law of the sea
- International environmental law
- International economic relations
- Human rights
- International criminal law
3. Some fundamental structural aspects of the international legal system:
- State responsibility: internationally wrongful acts and their consequences
- The use of force: the jus ad bellum and the jus in bello
- The UN and their collective security system
- The peaceful settlement of international disputes: diplomatic and arbitral/judicial methods.
Prerequisiti
Students are expected to have acquired a basic knowledge of the notions of legal system and legal rules.
Metodi didattici
Lessons. The teacher will encourage the active participation of students, in particular involving them in the analysis of cases or hypotheticals.
Materiale di riferimento
Attending students (= "frequentanti"):
References: Jan Klabbers, International Law, 3rd ed., Cambridge U.P. 2021 (First module: chapters 1-4, 16-17; second module: chapters 5-6, 12, 14, 15; third module: chapters 7-10). Supplementary materials will be suggested during the classes.
Non attending students (="non frequentanti"):
References: Jan Klabbers, International Law, 3rd ed., Cambridge U.P. 2021 (First part: chapters 1-4, 16-17; second part: chapters 5-6, 12, 14, 15; third part: chapters 7-11).
References: Jan Klabbers, International Law, 3rd ed., Cambridge U.P. 2021 (First module: chapters 1-4, 16-17; second module: chapters 5-6, 12, 14, 15; third module: chapters 7-10). Supplementary materials will be suggested during the classes.
Non attending students (="non frequentanti"):
References: Jan Klabbers, International Law, 3rd ed., Cambridge U.P. 2021 (First part: chapters 1-4, 16-17; second part: chapters 5-6, 12, 14, 15; third part: chapters 7-11).
Modalità di verifica dell’apprendimento e criteri di valutazione
The final exam is provided in written form for both attending and non attending students. It will consist of three open questions respectively addressing the topics of the three modules and will be conducted on Moodle. The final mark will be expressed out of 30 points.
IUS/13 - DIRITTO INTERNAZIONALE - CFU: 9
Lezioni: 60 ore
Siti didattici
Docente/i
Ricevimento:
Da concordare via e-mail, scrivendo a: [email protected]
Ricevimento:
Da concordare via email.
Ricevimento:
Lunedì 16.30 (lunedì 9 dicembre i colloqui si svolgeranno online su piattaforma Teams. Si prega di contattare prima la docente)
Via Conservatorio 7, 1° piano, stanza n. 16