INTERNATIONAL LAW

INTERNATIONAL LAW

Pietro Pustorino, Giuliana Lampo

Instructional goals

The course aims to examine the structure, the content, the functioning and the limits of the international legal order, focusing specific attention on the future perspectives of this system and highlighting the most current and problematic issues arising from the relevant practice.

Intended learning outcomes

Knowledge and understanding: the student will acquire strong knowledge relating to the most important international issues, focusing in particular on inter-state cooperation as a mean to face the challenges posed by globalization. The analysis will be carried out through the study of relevant cases of international jurisprudence, especially in the light of seminars, conventions and conferences that will involve academics and professionals from the most important international areas. Applying 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) to the study of current events. These skills will be achieved through the study for the final exam and for individual and group practical exercises. Making judgement: the student will acquire the necessary tools to understand and analyze from a legal point of view, starting from the study of the fundamentals of international law, the current phenomena in the global context; the student will also develop a capacity to analyze problems and situations, applying the relevant legal framework to the cases examined. These skills will also be achieved through the study of the most relevant jurisprudential cases at international level. Communication skills: the student will acquire a specific terminological precision and appropriate communication skills through the study of sources and jurisprudential decisions both in Italian and in English. Communication skills will be tested through the final exam, the interaction in class during the discussion of cases and the participation in practical case studies. Learning skills: The student, having acquired the main notions of public international law, will have a basic knowledge that will allow him/her to access a legal professional career at international level. The acquired knowledge will eventually be deepened through the various courses pertaining to the international law profile. These courses will facilitate the student to pursue a career at the most important international institutions, or within international non-governmental organizations operating in the field of human rights protection.

Course Contents

History of international law - The distinctions between public international law and private and procedural international law - The subjects of international law - The sources of international law - The territory and territorial sovereignty - The treatment of foreigners - The immunities of the individual-organ, the immunities of the foreign State and international organizations - The law of the sea and other substantive norms of international law – The domestic implementation of international law – State responsibility - The prohibition of the use of force and its exceptions. The UN collective security system - Methods of dispute resolution.

Reference Books

Palombino, F.M. (2024). Introduzione al diritto internazionale (Terza ed.). Laterza.

Teaching Methods

Lectures, discussion of case studies, seminars held by Italian and foreign experts.

Assessment Method

The exam consists of an oral test in which the student will be required to show that he/she knows and understands the notions and principles of International Law and that he/she is able to apply them to practical cases brought to his/her attention. The student is expected to be able to independently analyze the relevant sources of International Law and to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the subject. The final grade is expressed in thirtieths. Insufficient preparation, corresponding to a score below 18, will lead to failure to pass the exam. Answering all questions correctly, demonstrating an excellent level of preparation, will lead to the attribution of a score of 30, possibly cum laude/with honors. In assessing the level of preparation of the student, the following evaluation criteria will be taken into account: knowledge and understanding of the notions and principles of the subject and ability to apply them to concrete cases (65%); appropriate use of the technical and legal vocabulary (25%); ability to analyze and evaluate relevant sources and acquisition of the study method (10%). The first exam sitting of the summer session will be open only to students who have attended at least 65% of the course lectures. As part of their final exam, these students will be given the opportunity to present on a topic of their choice from a list provided in the weeks leading up to the exam sitting.

Thesis assignment criteria

See the criteria indicated on the course web page.

Week 1

Lecture 1 Introduction to international law - The subjects of international law Lecture 2 State recognition and the principle of self-determination of peoples, also in the light of recent practice - International organizations - Other subjects. Case studies and group discussions.

Week 2

Lecture 1 The sources of international law - The hierarchy of sources – Customary law. Lecture 2 General principles of law – Soft law. Case studies and group discussions.

Week 3

Lecture 1 International treaties - The law of treaties: the conclusion of treaties and interpretation. Lecture 2 The causes of invalidity and termination of treaties. Case studies and group discussions.

Week 4

Lecture 1 Succession of States. Lecture 2 Succession of States in respect of treaties and in matters of property and debts of the State. Case studies and group discussions.

Week 5

Lecture 1 The territory and territorial sovereignty - The reserved domain (first part). Lecture 2 The territory and territorial sovereignty - The reserved domain (second part). Case studies and group discussions.

Week 6

Mid-term assessment.

Week 7

Lecture 1 The individual in international law: international protection of human rights (first part). Lecture 2 The individual in international law: international protection of human rights (second part) - The treatment of foreigners. Case studies and group discussions.

Week 8

Lecture 1 The law of the sea. Lecture 2 References to other areas of international law: international environmental law. Case studies and group discussions.

Week 9

Lecture 1 Domestic implementation of international law (first part). Lecture 2 Domestic implementation of international law (second part). Case studies and group discussions.

Week 10

Lecture 1 State responsibility (first part). Lecture 2 State responsibility (second part). Case studies and group discussions.

Week 11

Lecture 1 State responsibility (first part). Lecture 2 State responsibility (second part). Case studies and group discussions. Lecture 1 The prohibition on the use of force and its exceptions. Lecture 2 (on campus) Self-defense - The UN collective security system. Case studies and group discussions.

Week 12

Lecture 1 Definition of international dispute and methods of dispute resolution (first part). Lecture 2 Methods of dispute resolution (second part). Case studies and group discussions; moot courts.