INTERNATIONAL LAW

INTERNATIONAL LAW

Maria Rosaria Mauro

Instructional goals

The course aims to examine the structure, the content, the functioning, and the limits of international law, providing students with theoretical knowledge of the subject and, at the same time, enabling them to use this knowledge to better interpret the current complex international reality.

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 an instrument to face the challenges posed by globalization. The analysis of the topics will be carried out also taking into consideration the main cases of international jurisprudence, especially through seminars and conferences that will involve other academics and experts. 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 practice exercises. Making judgement: the student will acquire the necessary tools to understand and analyze, from a legal point of view, the current phenomena in a 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 significant 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 achieved and tested through the final exam, the interaction in class on occasion of the discussion of cases and the participation in practice exercises. Learning skills: by the acquisition of the main notions of public international law, the student 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 who want to work in international institutions or non-governmental organizations operating in the fields covered by international law.

Course Contents

Origins and development of international legal order. The subjects of international law. The sources of international law. The territory, the territorial sovereignty and its limits. The treatment of aliens. Immunities of foreign States; Immunities of the organs; and immunities of international organizations. International protection of human rights. The law of the sea. The law of outer space. The domestic implementation of international law. International responsibility. The prohibition of the use of force and its exceptions. The UN collective security system. The settlement of international disputes.

Reference Books

- F. M. Palombino, Introduzione al diritto internazionale, III edizione, Bari-Roma, Laterza Editori, 2024. Alternatively: - U. Villani, Lezioni di diritto internazionale, II edizione, Bari, Cacucci Editore, 2023 and, in addition, - N. Ronzitti, Diritto internazionale, VII edizione, Torino, Giappichelli Editore, 2023 (only Chapters 6, pp. 117-158 and 12, pp. 337- 386). However, attending lectures is essential for the learning of the subject.

Teaching Methods

The course will consist of lectures, workshops, simulations, seminars, and analysis of case studies.

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%).

Thesis assignment criteria

Passing the exam; interest and propensity for the subject; adequate knowledge of English and, preferably, of other foreign languages.

Week 1

INTRODUCTION TO INTERNATIONAL LAW Origins and evolution of international legal order. The aspects of the international legal order. - THE SUBJECTS OF INTERNATIONAL LAW - The State. - International organizations. - Other subjects. Case studies and group discussions.

Week 2

THE SOURCES OF INTERNATIONAL LAW - The sources of international law: introductory remarks. - The hierarchy of sources. - Customary law. - The jus cogens. - General principles of law. - Other possible sources of international law. – Soft law. Case studies and group discussions.

Week 3

THE SOURCES OF INTERNATIONAL LAW International treaties: introductory remarks. The law of treaties: the conclusion of treaties and interpretation. The causes of invalidity and termination of treaties. Case studies and group discussions.

Week 4

STATE SUCCESSION - Succession to treaties. - Succession to matters of property and debts of the State. Case studies and group discussions.

Week 5

THE CONTENT OF INTERNATIONAL LAW Territorial sovereignty and domestic jurisdiction. Limits to territorial sovereignty: human rights and international crimes. Economic, Social and Environmental Limits. Treatment of aliens and their property. Nationalizations and expropriations. Diplomatic Protection. Case studies and group discussions.

Week 6

THE CONTENT OF INTERNATIONAL LAW Jurisdictional immunities of States. Immunities of State organs. Diplomatic immunities. Immunities of international organizations. Case studies and group discussions.

Week 7

THE CONTENT OF INTERNATIONAL LAW The individual in international law: international protection of human rights. Case studies and group discussions.

Week 8

THE CONTENT OF INTERNATIONAL LAW - The law of the sea. - The law of outer space. Case studies and group discussions.

Week 9

IMPLEMENTATION OF INTERNATIONAL LAW IN DOMESTIC LEGAL ORDERS - Domestic implementation of international customary law. Domestic implementation of international treaties. Domestic implementation of international organizations acts. The role of the Regions in the implementation of international law. Case studies and group discussions.

Week 10

INTERNATIONAL RESPONSIBILITY The International Law Commission Draft Articles. Imputability and wrongfulness. Circumstances precluding wrongfulness. Consequences of internationally wrongful acts. Liability for internationally lawful acts. Case studies and group discussions.

Week 11

THE PROHIBITION ON THE USE OF FORCE The prohibition on the use of force and its exceptions. Self-defense. The UN collective security system. Case studies and group discussions.

Week 12

THE SETTLEMENT OF INTERNATIONAL DISPUTES. - Definition of international dispute. - Methods of dispute settlement. - International Arbitration. - International Court of Justice. - Sector and Regional Tribunals. - Diplomatic methods of dispute settlement. Case studies and group discussions; moot courts.