INTERNATIONAL ORGANIZATION AND HUMAN RIGHTS

INTERNATIONAL ORGANIZATION AND HUMAN RIGHTS

Francesco Cherubini, Donato Greco

Instructional goals

Legal analysis of the international organizations phenomenon in international law, with particular reference to the protection of human rights.

Intended learning outcomes

Knowledge and understanding: knowledge of the institutional functioning of associative phenomena, with a specific reference to international organizations; and of the activities they carry out for the protection of human rights. Applying knowledge and understanding: ability to frame the current legal problems of international organizations. Making judgements: acquisition and application of the legal tools for the understanding of international organizations dynamics. Communications skills: ability to elaborate, in oral and written form, legally correct information, solidly based on normative data, concerning the functioning of international organizations, especially in the area of human rights. Learning skills: maturation of a capacity of reading the dynamics of associations of States in the perspective of their possible future developments.

Course Contents

International organizations. Their subjectivity and structure. Internal legal order and secondary acts. Immunities and privileges of IOs. The responsibility of IOs. IOs and human rights: the UN and regional IOs.

Reference Books

J. Klabbers, 'An Introduction to International Organizations Law', IV ed., Cambridge University Press, Cambridge 2022, Chapters 1, 2, 3, 7, 8, 10 and 14. O. De Schutter, 'International Human Rights Law', III ed., Cambridge University Press, Cambridge 2019, Chapters 1, 9, 10 and 11(1). Additional readings will be suggested during the course. Specific extended syllabus (for non-attending students): J. Klabbers, 'An Introduction to International Organizations Law', IV ed., Cambridge University Press, Cambridge 2022. O. De Schutter, 'International Human Rights Law', III ed., Cambridge University Press, Cambridge 2019, Chapters 1, 2, 8, 9, 10 and 11.

Teaching Methods

Traditional lessons, seminars, exercises.

Assessment Method

Students will be mainly assessed on the basis of their individual achievements during the course, their participation in the activities and on the basis of four tests. For those who take all four tests, this part will cover the 80% of the final assessment, while the remaining 20% will be based on an individual oral examination on any part of the entire syllabus. For those who will have taken three tests, this part will cover the 60% of the final assessment, while the remaining 40% will be based on an individual oral examination on any part of the entire syllabus and on a specific discussion of the topics addressed in the test not taken. All other students will take a single oral exam on the specific extended syllabus (see 'Reference books'). It is possible to refuse the final grade only once and in aggregate (i.e., it is not possible to accept the grade given for individual tests).

Thesis assignment criteria

Final grade must be no less than 28.

Does the syllabus cover sustainability topics?

No.

Week 1 Contenuto sessioni on line e on campus

Introduction to the course. The notion of IO (Klabbers, Ch. 1). Foundation and conditions of IOs personality (Klabbers, Ch. 3).

Week 2 Contenuto sessioni on line e on campus

Structure of IOs (Klabbers, Chs. 2 and 10). Acts of IOs (Klabbers, Ch. 8).

Week 3 Contenuto sessioni on line e on campus

5/10: Students will be asked to sit for a multiple-choice test. 6/10: Students will be divided into groups; each group will be asked to analyse a case, paper or other normative instruments. 7/10: Students will be asked to discuss the case, paper or other instruments together.

Week 4 Contenuto sessioni on line e on campus

Immunities of IOs (Klabbers, Ch. 7).

Week 5 Contenuto sessioni on line e on campus

Responsibility of IOs (Klabbers, Ch. 14).

Week 6 Contenuto sessioni on line e on campus

26/10: Students will be asked to answer a short open-ended question. 27/10: Students will be divided into groups; each group will be asked to analyse a case, paper or other normative instruments. 28/10: Students will be asked to discuss the case, paper or other instruments together.

Week 7 Contenuto sessioni on line e on campus

The rise of international HRs (De Schutter, Ch. 1).

Week 8 Contenuto sessioni on line e on campus

The mechanisms of protection: the UN HRs system (De Schutter, Ch. 9).

Week 9 Contenuto sessioni on line e on campus

16/11: how to draft a short legal essay. 17/11: a 30m individual test consisting of the draft of a selected bibliography on a specific topic. 18/11: a 45m individual test consisting of a short open-ended question.

Week 10 Contenuto sessioni on line e on campus

The mechanisms of HRs protection: the European system of HRs protection (De Schutter, Ch. 11(1)).

Week 11 Contenuto sessioni on line e on campus

The mechanisms of HRs protection: other regional systems of HRs protection.

Week 12 Contenuto sessioni on line e on campus

30/11: lecture will be devoted to dividing the students into groups and to explain them the concrete functioning of the instruments they will have to use to solve a concrete case. 1/12: groups will be called to deal with a concrete case. 2/12: groups will be called to present a solution to the case.