INTERNATIONAL LAW

Andrea Insolia, Raffaele Cadin

Instructional goals

The course aims to examine the structure, content, functioning and limits of the international legal system, paying particular attention to the evolutionary profiles of such system. Furthermore, the Course aims to provide adequate tools for analysis and orientation in the main areas of international relations and cooperation, highlighting the most current issues emerging in the relevant practice, in the light of the current debates in legal scholarship.

Prerequisites

None

Intended learning outcomes

Knowledge and understanding: the student will have acquired strong knowledge of the most important international issues, focusing in particular on interstate cooperation as a means to address the challenges posed by globalisation. The analyses will be carried out through the study of the case law of international jurisprudence, especially in the light of seminars, conventions and conferences that will involve academics and professionals from the most important international areas. Ability to apply knowledge and understanding: the student will be able to apply the knowledge acquired at a theoretical and practical level (through the analysis of the most relevant international practice) in the study of current phenomena. These skills are acquired through the preparation of the profit exam and individual and group practical exercises. Autonomy of judgment: the student will have acquired tools that will allow him to understand and analyse in a legal perspective, starting from the study of the main institutions of international law, current phenomena in the global context; he will also have developed an ability to analyse problems and situations, applying the reference regulations to the case studies examined. These skills will also be achieved through the study of the most relevant international case law. Communication skills: the student will have acquired terminological precision and appropriate communication skills through the study of sources and case law decisions in Italian and English. Communication skills are achieved and verified through: the exam; interaction in class in the discussion of cases; participation in practical exercises. Learning skills: The attending student, thanks to the acquisition of essential knowledge and the investigation method specific to international law, as well as a strong critical approach, will develop an autonomous learning ability that will allow him/her both to deepen his/her studies in the master's and specialisation courses and to excel in the preparation for the competitions and selections that allow access to a diplomatic career and in intergovernmental and non-governmental organisations.

Course Contents

Notion and structural features of the international order. The sources of international law. The relationship with domestic law. The subjects of international law. The use of force in international relations. The international responsibility of States and international organizations. The resolution of international disputes. Diplomatic, arbitral, jurisdictional procedures.

Reference Books

Suggested textbooks: N. Ronzitti, Diritto internazionale, VII ed., 2023 Other readings suggested by teachers in relation to individual topics.

Teaching Methods

Lectures and seminars with Italian and international experts. Practical exercises

Assessment Method

Written mid-term test at the beginning of the 6th week of the Course. The test will focus on the sources of international law (customary IL and its codification, jus cogens, treaty law, general principles, subsidiary means, unilateral acts, other material sources). The test will consist of 20 multiple-choice questions and one open-ended question. Final oral exam. The final exam consists of an oral exam in which the student must demonstrate knowledge and understanding of the institutions and principles of international law and ability to apply them to practical cases submitted to his or her attention. The student must be able to independently consult and analyse the sources of such law and correctly use the technical-legal vocabulary of the subject, thus demonstrating that he or she has acquired the study method and learning ability necessary to independently continue to study the subject in depth. The grade is awarded in thirtieths. Failure to achieve a score of 18/30 will result in failure to pass the exam. The correct answer to all questions and the demonstration of an excellent level of preparation leads to the attribution of a score of 30/30 with the attribution of honors reserved for the brightest students. In assessing the level of preparation of the student, the following evaluation criteria will be taken into account jointly: - knowledge and understanding of the institutions and principles of the subject and ability to apply them to concrete cases (60%); mastery of technical-legal vocabulary (25%); ability to consult and evaluate relevant sources and acquisition of the analysis method (15%). The first exam session following the end of the course is reserved only for attending students.

Thesis assignment criteria

Having obtained at least 27 at the final exam; showing a genuine interest in the subject; knowledge of English and/or French

Week 1

Prof. Cadin Session 1 The international community and its legal system Session 2 The legal foundation of international law Session 3 The evolution of international law and the prohibition on the use of force

Week 2

Prof. Cadin Session 1 The different categories of sources; customary international law and the codification of general rules of international law Session 2 Jus cogens rules and erga omnes obligations; hierarchy of norms of international law Session 3 Law of Treaties: general aspects; Conclusion of treaties

Week 3

Prof. Cadin Session 1 Law of treaties: reservations Session 2 Law of treaties: invalidity Session 3 Law of treaties: termination and suspension

Week 4

Sessions 1 Prof. Cadin Law of Treaties: Amendment and Modification; Interpretation Session 2 Prof. Sciso Seminar: "Diplomatic protection of nationals abroad: the Regeni, Trentini and Attanasio cases" Session 3 Prof. Cadin General principles of law, judicial decisions, and legal teachings; unilateral acts; acts of IOs

Week 5

Session 1 Prof. Cadin International law and domestic legal systems Session 2 Prof. Cadin The Italian legal system and international law Session 3 Prof. Insolia The subjects of international law: States

Week 6

Session 1 Mid-term exam Session 2 Prof. Sciso Seminar: "Recognition and non-recognition of States and Governments, with reference to Palestine and Venezuela" Session 3 Prof. Insolia Subjects of international law: insurrectional and national liberation movements

Week 7

Session 1 Prof. Cadin The subjects of international law: International Organizations Session 2 Prof. Sciso Seminar "The Western Sahara question" Session 3 Prof. Insolia The subjects of international law: individuals and human rights law

Week 8

Session 1 Prof. Insolia International immunities Session 2 Prof. Sciso Seminar: "The legal status of the poles" Session 3 Prof. Insolia Territorial changes: extinction and succession in rights and duties of States

Week 9

Prof. Insolia Session 1 International responsibility: general aspects and its codification Session 2 International responsibility: internationally wrongful act Session 2 International responsibility: circumstances precluding wrongfulness

Week 10

Session 1 Prof. Insolia International responsibility: the consequences of an internationally wrongful act Session 2 Prof. Sciso Seminar: "EU sanctions in international law: the freezing of Russian assets" Session 3 Prof. Insolia International responsibility: countermeasures

Week 11

Session 1 Prof. Insolia International responsibility: grave breaches of peremptory rules of international law Session 2 International responsibility: responsibility of IOs Session 3 Prevention and settlement of international disputes: general aspects and diplomatic means

Week 12

Week 12 Prof. Insolia Session 1 Prevention and settlement of international disputes: arbitration Session 2 Prevention and settlement of international disputes: the International Court of Justice - advisory jurisdiction Session 3 Prevention and settlement of international disputes: the International Court of Justice - contentious jurisdiction Week 13 Session 1 Prof. Insolia Individual criminal responsibility for international crimes Session 2 Prof. Sciso Seminar: "International Criminal Court, diplomatic immunities and obligations of cooperation" Session 3 Prof. Cadin and Insolia General conclusions