International law
A.A. 2023/2024
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 può essere seguito come corso singolo.
Programma e organizzazione didattica
Edizione unica
Responsabile
Periodo
Primo trimestre
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 national law
- The subjects of 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
- Air space and outer space
- International environmental 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 pacific 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
- Codification and progressive development of international law
- International law and national law
- The subjects of 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 trade law
- International environmental law
- International humanitarian law
- Human rights
- International criminal law
- International cyber law
- Global health 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 pacific 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 national law
- The subjects of 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
- Air space and outer space
- International environmental 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 pacific 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
- Codification and progressive development of international law
- International law and national law
- The subjects of 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 trade law
- International environmental law
- International humanitarian law
- Human rights
- International criminal law
- International cyber law
- Global health 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 pacific 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 and in simple researches.
Materiale di riferimento
Attending students (= "frequentanti"):
References: Gideon Boas, Public International Law, Elgar, Cheltenham (UK), 2023 (First module: pp. 1-28, 71-194, 206-257; second module: pp. 194-206, 258-291, 29-34, 39-42, 49-62; third module: pp. 292-381). Supplementary materials will be suggested during the classes.
Non-attending students (="non frequentanti"):
References: Gideon Boas, Public International Law, Elgar, Cheltenham (UK), 2023 (First module: pp. 1-28, 71-194, 206-257; second module: pp. 194-206, 258-291, 29-70; third module: pp. 292-381).
References: Gideon Boas, Public International Law, Elgar, Cheltenham (UK), 2023 (First module: pp. 1-28, 71-194, 206-257; second module: pp. 194-206, 258-291, 29-34, 39-42, 49-62; third module: pp. 292-381). Supplementary materials will be suggested during the classes.
Non-attending students (="non frequentanti"):
References: Gideon Boas, Public International Law, Elgar, Cheltenham (UK), 2023 (First module: pp. 1-28, 71-194, 206-257; second module: pp. 194-206, 258-291, 29-70; third module: pp. 292-381).
Modalità di verifica dell’apprendimento e criteri di valutazione
During the classes, students will have the opportunity to comment on cases and/or to propose solutions to hypotheticals: these activities aim to allow the students to apply the knowledge they are acquiring to concrete cases, and to develop their capacities in articulating proper reasoning and in public speaking. They will also be involved in simple online researches, being able to develop basic research skills and to further improve their legal reasoning. Students distinguishing themselves in these activities will gain one or two additional points to be added to their final mark.
After the first half of the course, there will be a written exam for students attending the lectures. This intermediate exam will consist of two open questions on the first part of the programme, aiming to stimulate the student's capacity to formulate the knowledge acquired in a clear and critical manner and to apply it to concrete cases. The intermediate exam will contribute for one half to the determination of the final mark.
The final exam is oral, based on two or three questions aiming to verify the student's ability to understand and to expose topics included in the second half of the course, and to articulate proper reasoning on hypothetical case situations. The final exam will contribute for one half to the determination of the final mark. The final mark will be expressed out of 30 points.
For students not taking the intermediate exam, the final mark will be entirely determined by the final exam.
After the first half of the course, there will be a written exam for students attending the lectures. This intermediate exam will consist of two open questions on the first part of the programme, aiming to stimulate the student's capacity to formulate the knowledge acquired in a clear and critical manner and to apply it to concrete cases. The intermediate exam will contribute for one half to the determination of the final mark.
The final exam is oral, based on two or three questions aiming to verify the student's ability to understand and to expose topics included in the second half of the course, and to articulate proper reasoning on hypothetical case situations. The final exam will contribute for one half to the determination of the final mark. The final mark will be expressed out of 30 points.
For students not taking the intermediate exam, the final mark will be entirely determined by the final exam.
Siti didattici
Docente/i
Ricevimento:
Mercoledì, ore 9.30-12.30, per appuntamento, in presenza o su Microsoft Teams (codice di accesso: hrauyh5). Il nuovo orario di ricevimento si applica a partire dal 22 settembre 2021. Il ricevimento precedente avrà luogo giovedì 16 settembre, ore 9.30-12.30.
stanza 26, dip. Studi internazionali, giuridici e storico-politici, via Conservatorio 7