Instructional goals
The course is aimed at examining some controversial aspects of the international legal system, adopting a case-based approach. In line with this objective, the course will focus on the trends emerging from the recent practice of domestic as well as international courts and tribunals through the organization of seminars in collaboration with international law practitioners.
Prerequisites
None.
Intended learning outcomes
- Knowledge and understanding: by attending lectures and proactively engaging in teaching activities, students will learn to navigate contemporary international law, with a sufficient knowledge of legal categories and the fundamental problems of the subject.
- Ability to apply knowledge and understanding: students will learn to identify practical implications underlying legal issues addressed during the course. They will also have to develop legal argumentations in line with the practice of international law.
- Autonomy of judgment: thanks to the acquired notions, students will develop autonomy of assessment and judgment on the topics of the course and will be able to deal with the challenges arising within the context of adjudication. The development of critical thinking will be encouraged, also through the production of papers to be discussed in class.
- Communication skills: Students will learn the technical legal terminology and how to construe good legal argumentations. For this purpose, students will be involved in
activities where they will be asked to act as counsels and to defend certain legal arguments.
- Learning skills: Students will learn how to autonomously apply acquired skills to problems other than those addressed in class, through the appropriate use of research methodologies.
Course Contents
The course will be structured according to the following scheme. Every week, a new topic of international law will be introduced, also focusing on its main practical implications. The issues illustrated will be put into practice by the students either through simulations or t further discussions guided by international law practitioners.
Reference Books
Given the practical-applicative purpose of the course, no reference textbook is required. Students are expected to study the materials uploaded on the LUISS Learn page (such materials may include Power Point presentations, scientific articles, etc.).
Teaching Methods
Lectures, discussion of case studies, seminars and simulation of proceedings involving Italian and international practitioners.
Assessment Method
The final exam consists in an oral examination or a written test.
Thesis assignment criteria
Keen interest in the topics covered by the course and active participation in lessons.
Week 1
Introduction
The first week of the course will aim to provide a general overview about international dispute settlements.
From a practical point of view, the students will be divided into groups and will carry out a simulation concerning issues which may arise in international litigation.
Week 2
Introduction to the Investor-State Dispute Settlement (ISDS) System.
The second week of the course will be dedicated to introducing international investment law and, in particular, the ISDS System.
From a practical point of view, students will be divided into groups and will carry out a simulation on the current critical issues of the ISDS system.
Week 3
Arbitration at the International Centre for Settlement of Investment Disputes (ICSID).
During the third week of the course, students will have the opportunity to interact with experienced ISDS practitioners through a seminar that will go through the main procedural issues that may arise within ICSID proceedings. In this context, particular attention will be dedicated to the study of relevant case law.
Week 4
Introduction to the European Convention on Human Rights (ECHR).
During the fourth week of the course, the European system of human rights protection will be introduced.
From a practical point of view, some substantive aspects of the ECHR will be explored in depth, also with the help of practitioners.
Week 5
Introduction to the European Court of Human Rights (ECtHR).
The fifth week of the course will focus on the structure and the functions of the ECtHR.
From a practical point of view, students will have the opportunity to see how to file an application before the European Court.
Week 6
Practical Perspective – ECtHR.
During the sixth week of the course, students will have the opportunity to interact with professionals experienced in litigation before the ECtHR. To this aim, it will be held a seminar revolving over the main practical issues that may arise in litigation before the Strasbourg Court.
Week 7
The protection of the environment and the ECtHR.
The seventh week of the course will focus on the impact of the climate crisis on the enjoyment of human rights and the obligations that the ECHR imposes on States.
From a practical point of view, students will analyse the most relevant case law of the ECtHR on this issue, starting with the famous case “Verein KlimaSeniorinnen Schweiz and Others v. Switzerland”.
Week 8
The protection of the environment and domestic courts
The eighth week of the course will be dedicated to the study of climate litigation before domestic courts, exploring the topic of direct application of international law in national legal systems.
From a practical point of view, students will examine some emblematic cases of climate litigation brought by private parties against the forum State. More specifically, the students will discuss the landmark cases “Urgenda v. The Netherlands”, “Klimaatzaak v. Belgium”, and “A Sud v. Italy”.
Week 9
The protection of health and the ECtHR.
The ninth week of the course will cover the protection of public health and the limits deriving from the ECtHR.
From a practical point of view, students will focus on the issue of compulsory vaccination and its compatibility with art. 8 of ECHR through the study of the case “Vavřička and Others v. the Czech Republic”.
Week 10
The protection of health and Global Health Law.
The tenth week of the course will be dedicated to the presentation of the structure and functions of the WHO.
During the lecture, there will be a seminar in which students will discuss with experts in the field about the role of the WHO in the governance of international health emergencies.
Week 11
The Regulation of International Trade: Introduction to the World Trade Organization (WTO).
The eleventh week of the course will address the topic of world trade regulation. In this regard, the objectives and characteristics of the WTO and of the agreements concluded under its auspices will be illustrated.
From a practical point of view students will have the opportunity to dialogue, during the lesson, with experienced WTO law practitioners about the most pressing issues affecting this legal regime.
Week 12
Practical perspective – The Dispute Settlement System of the WTO
During the last week of the course, students will be introduced to the functioning of the Dispute Settlement System of the WTO.
From a practical point of view, students will focus on the case law of the WTO Dispute Settlement System on the protection of health as a limitation to international trade.