Instructional goals
Building upon the analysis of State practice and the case law of international courts and tribunals, the course aims to introduce students to the fundamentals of the international legal system, paying particular attention to the evolving perspectives of this normative system and the main challenges it faces today.
Prerequisites
No prerequisites are required. A good command of the English language is highly recommended.
Intended learning outcomes
Knowledge and understanding: students shall acquire adequate knowledge of the fundamentals of international law through a careful examination of State practice and case law of international courts and tribunals. This analysis will also be conducted through seminars, symposia and conferences involving both academics and practitioners.
Ability to apply knowledge and understanding: students shall develop the capacity to apply the acquired knowledge to the examination of contemporary phenomena. These skills will be obtained through individual and group exercises, as well as through interaction with colleagues in the discussion of case studies, with a view to the final exam.
Autonomy of judgement: students shall become familiar with the fundamental tools of the discipline that will enable them to interpret new phenomena; students will also have to develop skills of legal analysis and argumentation, adequately applying international law categories and case law.
Communication skills: students will have to acquire the ability to develop solid legal arguments and communicate their own point of view, based on the study of legal sources and case law in Italian and English. Communication skills will be achieved and verified through in-class discussion of cases and the final exam.
Learning skills: having acquired the ability to apply autonomously the main categories of international law, students shall acquire knowledge that will be useful working as practioners in the judiciary, ministries, international organisations, NGOs, international law firms and multinational enterprises.
Course Contents
Introduction to international law. – Subjectivity and normative function. – General international law. – Particular international law. – The implementation of international law in domestic legal systems. – The international responsibility of the State. – The interpretation of international law and the settlement of disputes.
Reference Books
General part:
Fulvio M. PALOMBINO, Introduzione al diritto internazionale, III edizione, Laterza, Roma-Bari, 2024;
or, alternatively:
Natalino RONZITTI, Diritto internazionale, VII ed., Giappichelli, Torino, 2023.
Special Part
Donato GRECO, L’Organizzazione mondiale della sanità davanti alla pandemia di COVID-19. La governance delle emergenze sanitarie internazionali, Le Monnier Università, Milano 2022.
Teaching Methods
Lectures, discussion of case studies, in-depth seminars with academics and practitioners.
Assessment Method
The final exam will consist of an oral test. The mark is given in thirtieths. A mark of less than 18/30 results in failure to pass the exam.
to reach the mark of 30/30, eventually with honours, students are expected to answer to all the questions correctly and to show autonomous comprehension of the discipline.
In assessing the students’ preparation, the following criteria will be taken into account jointly: knowledge and understanding of the institutions and principles of the discipline and ability to apply them to concrete cases (50%); ability to develop methodologically solid arguments (30%); proper use of technical-legal vocabulary (20%).
Thesis assignment criteria
Passing the exam with a mark of no less than 28/30; good knowledge of English; keen interest in the discipline.
Week 1
Introduction to international law. – Distinction between public international law and private international law. – The ‘circularity’ between sources and subjects in international law. – The State as a subject of international law. – Other subjects and normative function in international law. – Insurgents. – International organisations. – Individuals. – Non-governmental organisations.
Case studies and group discussions.
Week 2
The sources of international law. – The system of sources. – Customary international law. – ‘Ius cogens’ (self-determination of peoples, use of force, international crimes).
The United Nations collective security system.
Case studies and group discussions.
Week 3
General principles of law. – Unilateral acts.
Case studies and group discussions.
Week 4
Treaties and the law of treaties.
Case studies and group discussions.
Week 5
Subsidiary means: case law and teachings. – Equity. – Soft law.
Case studies and group discussions.
Week 6
The principle of openess of domestic law to international law. – Preliminary notions. – The domestic implementation of general international law.
The jurisdictional immunities of the State.
Week 7
The domestic implementation of treaties. – The domestic implementation of sources derived from treaties. – Primacy of international law and theories limiting this principle. – The direct application of international law.
Case studies and group discussions.
Week 8
The international responsibility of the State for wrongful acts: structure and consequences. – The ordinary regime of international responsibility.
Case studies and group discussions.
Week 9
The aggrieved regime of international responsibility. – The international responsibility of the State for lawful acts.
Case studies and group discussions.
Week 10
Diplomatic means of dispute settlement. – Judicial means of dispute settlement.
Case studies and group discussions.
Week 11
Execution of international judgments. – The International Court of Justice. – The European Court of Human Rights.
Case studies and group discussions.
Week 12
The governance of international public health emergencies.