International law and international law on sustainable development
A.A. 2023/2024
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.
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.
- 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.
Periodo: annuale
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
annuale
Nel primo semestre le lezioni saranno erogate in presenza.
L'organizzazione della didattica e della modalità di erogazione dei corsi in ogni caso dipenderà dall'evoluzione della emergenza per l'epidemia e dalle direttive sanitarie delle autorità e dell'università.
L'organizzazione della didattica e della modalità di erogazione dei corsi in ogni caso dipenderà dall'evoluzione della emergenza per l'epidemia e dalle direttive sanitarie delle autorità e dell'università.
Programma
The Course is divided into two parts.
PART I: Public International Law (Prof. Luigi Crema, 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.
PART I: Public International Law (Prof. Luigi Crema, 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
Perfect knowledge of the English language.
Basic knowledge of public international law is recommended.
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.
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, 2022;
- 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.
- Part I (Public International Law):
A. Tanzi, A Concise Introduction to International Law, Giappichelli/Eleven, 2022;
- 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
The class consists of two parts. A longer one, taught by prof. Crema, will be dedicated to sustainability and the foundation of international law. Students will be evaluated through a in class, close book, final exam. A shorter part will be taught by Prof. Anrò, and it is about EU Law. The grade in EU Law will be based on a written test. The overall final grade will be an adjusted average, including the active participation in class.
IUS/13 - DIRITTO INTERNAZIONALE - CFU: 9
Lezioni: 63 ore
Siti didattici
Docente/i
Ricevimento:
Ogni mercoledì ore 12 o su appuntamento. Le domande relative alle richieste di equipollenza vengono evase il mercoledi (ore 9-10) e il venerdì (ore 12-13).
Dipartimento di diritto pubblico italiano e sovranazionale _ Stanza d'angolo
Ricevimento:
Durante il secondo semestre il prof. Crema riceve su appuntamento
Ufficio nel corridoio di diritto internazionale e UE, piano terra, via Festa del Perdono 7, Milano