INTERNATIONAL ORGANIZATIONS
Instructional goals
The course aims to provide theoretical and practical knowledge of the legal phenomenon of international organizations, its historical evolution and the most recent trends, the main areas of their institutional law, and to examine the role of international cooperation in some of their main areas of activity and the ongoing legitimacy crisis. The course will be structured in two Parts. Part I will examine the main areas of their institutional law. Part II will focus on selected areas of IOs activities and connected issues such as privileges and immunities, responsibility and use of force.
Intended learning outcomes
Knowledge and understanding: students will gain a strong knowledge of the most important international issues, focusing particularly on international cooperation as a way to face the challenges posed by globalization. The analysis will be undertaken through the study of relevant international norms, practices and international case law, during seminars, conventions and conferences that will involve academics and professionals from the most important sectors of interest.
Applying knowledge and understanding: students, having acquired the main notions of the law of international organizations, will have the basis necessary to access international law firms, international institutions and organizations, and NGOs.
Making judgements: students will acquire the necessary tools to understand and analyze – from a legal standpoint and starting from the study of the fundamentals of international organizations law – topical phenomena of global scope. Students will also develop a capacity for analysis and critical reasoning on problems and case studies, adequately applying the relevant legal framework and judicial practice to the cases examined.
Communication skills: students will acquire the ability to construct, analyze and communicate their point of view and the results of their analysis, which will be achieved through the study of materials and judicial decisions in Italian and in English. Communication skills will be tested through the final exam and the interaction, in class, during the discussion of cases.
Learning skills: students will be able to apply the knowledge acquired at a theoretical level to the study of current events. These skills will be obtained through the study for the final exam and through individual and group exercises, as well as through the interaction with colleagues during the discussion of cases of interest.
Course Contents
Part I: origins and development of international organizations. International legal personality. Membership in international organizations; Institutional structure; Functions and powers. The legitimacy crisis of international organizations.
Part II: Major areas of cooperation. Privileges and immunities. Responsibility of international organizations. The prohibition on the threat and use of force and its exceptions. The collective security system. UN Security Council Powers. Peacekeeping and authorizations to use force.
Reference Books
Part I:
1. J. Klabbers, An Introduction to International Organizations Law, 4th ed. (Cambridge University Press, 2022), available online through the Luiss Library.: Chapters 1-5, 7, 10-11, 14.
2. Additional readings and case-law.
Part II:
1. Malcolm N. Shaw, International Law, 10th ed. (Cambridge Univ. Press, 2025), available online through the Luiss Library: Chapters 19, 21.
2. Additional readings, and case-law.
- All additional readings, case-law and materials will be made available before class through the web page of the Course on My.luiss.it
Teaching Methods
Traditional lectures, seminars with national and foreign experts and practitioners, group presentations and discussions of case-studies, practical exercises
Assessment Method
The final grade will be made up of the following components:
1. Participation in class (10%): active and consistent engagement during lectures and group presentations.
2. Practical exercises and group presentations of case-studies followed by general discussion in class (graded: 10% of the final grade), assessed in light of the following criteria:
a) Understanding of the case;
b) Clarity and organization of the presentation;
c) Significance and context of the judgment/material;
d) Critical analysis and use of scholarship;
e) Discussion facilitation.
3. Written Mid-Term Exam on (broadly) Part I of the Program (graded: 20% of the final grade). If the grade is accepted, the topics covered by the mid-term exam will be excluded from the final oral examination. The Mid-Term Exam will consist either in multiple choice questions and/or 1/2 open questions.
4. Final Oral Exam (60% of the final grade): it will consist of up to three questions.
- Students who have accepted their mid-term exam grade will be examined only on topics covered in Part II of the course.
- Students who have not taken the mid-term exam or have chosen not to accept the grade will be examined on the entire syllabus.
- Students will be expected to demonstrate a thorough knowledge and understanding of the main concepts and principles of the law of international organizations, as well as the ability to apply them to practical situations and case studies. They should be able to independently analyse relevant sources of international law and use appropriate legal terminology and technical vocabulary. Students are also expected to show that they have acquired the methodological and analytical skills necessary to pursue further study of the subject independently.
- The final grade is expressed on a scale of 30 points.
The oral examination will be assessed on the basis of the following criteria:
a) Knowledge and understanding of the subject matter, and ability to apply relevant concepts and principles to concrete cases;
b) Appropriate and accurate use of legal terminology and technical vocabulary;
c) Ability to independently analyse and critically evaluate relevant legal sources and to establish connections with the broader framework of public international law.
- A grade below 18/30 indicates insufficient preparation and constitutes a failing mark.
- A grade of 30/30 will be awarded to students who demonstrate an excellent command of the subject matter, together with a strong ability to apply legal concepts and principles to practical cases. Particularly outstanding performance may be awarded 30/30 cum laude.
- Attendance Requirements: the first examination session following the completion of the course will be open only to attending students, defined as students who have attended at least 90% of the classes.
- For attending students, the final examination will focus in particular on the topics, practical examples, and case studies discussed during the course.
- Subsequent examination sessions will be open to all students.
- For non-attending students, the final oral examination will cover all topics included in the detailed course description. These topics may be studied through the prescribed textbook and the additional readings indicated during the course.
Thesis assignment criteria
Interest for the law of international organizations
Week 1
- Historical development, theories, notion and classification of international organizations (Ch. 1 and 2 Klabbers) - The legal personality under domestic and international law (Ch. 3 Klabbers – suggested readings)
Week 2
- Case-studies exercise on functions and powers (week 1): presentations delivered by students in groups (Ch. 2 and 3 Klabbers – additional readings and case-law)
Week 3
- Case-studies exercise on functions and powers (week 2): presentations delivered by students in groups (Ch. 2 and 3 Klabbers – additional readings and case-law)
Week 4
- Institutional structure of IOs (Ch. 10-11 Klabbers)
- Membership in IOs: status, rights and obligations of members. Original and admitted members: criteria for admission. Observers. Sanctions against members: suspension and expulsion. Withdrawals and the ongoing legitimacy crisis of legitimacy of IOs (Ch. 4-5 Klabbers, and additional readings)
Week 5
- Mid-Term Exam
- Major areas of cooperation: human rights and sustainable development; Rome-based agri-food UN agencies (readings).
Week 6
- Major areas of cooperation: Guest Seminar on living and non-living resources at sea and protection of the marine environment (readings indicated by the invited expert)
- Privileges and immunities of IOs (Ch. 7 Klabbers and additional readings and case-law indicated by the lecturer)
Week 7
- Case-studies exercise on privileges and immunities: presentations delivered by students in groups (Case-law and readings indicated by the lecturer)
- International responsibility of international organizations: analogies, differences, and links with the responsibility of States; the Tin Council Litigation; overview of the ARIOs; The wrongful act and its elements (Ch. 14 Klabbers and additional readings)
Week 8
- Human rights obligations of international organizations; Responsibility of international organizations in connection with the act of a State or another international organization (Ch. 14 Klabbers and additional readings)
Week 9
- The prohibition of the threat and use of force in the UN Charter (Ch. 19 Shaw, and additional readings)
- Exceptions to the prohibition of the threat and use of force: self-defence; consent (Ch. 19 Shaw, and additional readings)
Week 10
- The Collective Security System: Structure, function and powers of the UN Security Council; the UN General Assembly and the Uniting for peace resolution; the UNSC and regional cooperation (Ch. 21 Shaw, and additional readings)
Week 11
- The UN Security Council and powers under Art 41 UN Charter (Ch. 21 Shaw, and additional readings)
- UN mandated and regional peacekeeping operations (Ch. 21 Shaw, and additional readings)
Week 12
- Authorizations to use force by the UN Security Council (Ch. 21 Shaw, and additional readings)
- Conclusion of the Course