INTERNATIONAL ORGANIZATION AND HUMAN RIGHTS

INTERNATIONAL ORGANIZATION AND HUMAN RIGHTS

Donato Greco

Instructional goals

Legal analysis of the phenomenon of international organisations (IOs) in the international legal system, with particular reference to their role in 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 (IOs). 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, universal and regional IOs.

Reference Books

> General Part: J. Klabbers, An Introduction to International Organizations Law, IV ed., Cambridge, Cambridge University Press, 2022, Chapters 1, 2, 3, 7, 8, 10, 12. P. Klein, Responsibility, in J. Katz Cogan, I. Hurd. I. Johnstone, The Oxford Handbook of International Organizations, Oxford, Oxford University Press, 2017, pp. 1026-1047. > Human rights protection: P. Pustorino, Introduction to International Human Rights Law, Berlin, Springer, 2023, Chap. 4 (Sections 4.1-4.3.4). > Additional readings on specific issues are indicated below and will be provided in due time during the course.

Teaching Methods

Traditional lessons, seminars, exercises.

Assessment Method

Students will be mainly assessed based on their individual achievements during the course and their participation in the activities. To this end, a first written or oral exam will test the acquired knowledge in the first part of the course. The exam will account for 35% of the final mark and the grade will be communicated after the exam. A second written or oral exam will test the acquired knowledge in the second part of the course. The exam will account for 35% of the final mark and the grade will be communicated after the exam. For those who have passed both tests, the final exam will consist of a couple of oral questions on any random topic of the entire syllabus, accounting for the remaining 30% of the final mark. For those who have not taken the tests, declined their marks or not passed both tests, the final exam will be a full oral exam consisting in different questions on any random topic of the entire syllabus. For those who have passed only one test, the final exam will be a full oral exam consisting in different questions on any random topic of the entire syllabus, but due account will be taken of the grade previously assigned.

Thesis assignment criteria

Final grade must be no less than 27.

Week 1 Contenuto sessioni on line e on campus

Introduction to the course. The sources of international law. Materials: R. Wolfrum, Sources of International Law, in “Max Planck Encyclopedia of Public International Law”, May 2011, available online.

Week 2 Contenuto sessioni on line e on campus

The notion of IO (Klabbers, Ch. 1). The legal personality of IOs (Klabbers, Ch. 3). Structure of IOs (Klabbers, Chs. 2 and 10).

Week 3 Contenuto sessioni on line e on campus

Acts of IOs (Klabbers, Ch. 8). Treaty-making power of IOs (Klabbers, Ch. 12).

Week 4 Contenuto sessioni on line e on campus

Immunities of IOs (Klabbers, Ch. 7).

Week 5 Contenuto sessioni on line e on campus

In this week, students, individually, will seat for a written or oral exam to test the acquired knowledge. Students can decline the grade. The grade will be communicated immediately after the exam and will account for 35% of the final mark.

Week 6 Contenuto sessioni on line e on campus

Responsibility of IOs (Klein, Responsibility).

Week 7 Contenuto sessioni on line e on campus

The World Health Organization and the human right to health. The governance of public health emergency of international concern. The duty to prevent public health events. Materials: S. Negri, Communicable Disease Control, in G.L. Burci, B.C.A. Toebes (eds.), Research Handbook on Global Health Law, Cheltenham, 2018, pp. 265-302. G. Le Moli, et al., The Deep Prevention Of Future Pandemics Through A One Health Approach: What Role For A Pandemic Instrument?, in Global Health Centre Policy Brief, 2020, available online.

Week 8 Contenuto sessioni on line e on campus

The World Trade Organization and the right to access to fundamental sanitary countermeasures. Materials: T. Fish Hodgson, R. De Falco, Human Rights and Universal Access to COVID-19 Vaccines: Does the Human Rights Council Resolution go far enough?, in OpinioJuris, 23 March 2021, available online. M. Eccleston-Turner, M. Rourke, The TRIPS Waiver is Necessary, but it Alone is not Enough to Solve Equitable Access to COVID-19 Vaccines, in ASIL Insights, vol. 25. n. 9, 2021, pp. 1-6.

Week 9 Contenuto sessioni on line e on campus

In this week, students, individually, will seat for a written or oral exam to test the acquired knowledge. The grade will be communicated immediately after the exam and will account for 35% of the final mark. Students can decline the grade.

Week 10 Contenuto sessioni on line e on campus

IOs and the protection of the environment. Materials: A. Boyle, C. Redgwell, Birnie, Boyle, and Redgwell’s International Law and the Environment, 4th ed., Oxford, OUP, 2021, pp. 45-71.

Week 11 Contenuto sessioni on line e on campus

Introduction to the international protection of human rights. The Council of Europe. Materials: J. Polakiewicz, Council of Europe (COE), in MPEPIL, January 2019, available online.

Week 12 Contenuto sessioni on line e on campus

The European Court of Human Rights (Pustorino, Introduction, Sections 4.1-4.3.4).