INTERNATIONAL ORGANIZATION AND HUMAN RIGHTS
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 legal entities such as international organizations and of the activities they carry out for the protection of human rights.
Applying knowledge and understanding: ability to frame current legal problems of international organisations law.
Making judgements: acquisition and application of the legal tools for the understanding of international organizations dynamics.
Communication skills: ability to elaborate, in oral and written form, legal arguments, solidly based on normative sources, concerning the functioning of international organizations, especially in the area of human rights.
Learning skills: improving the capacity of reading the dynamics of IOs 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, its specialized agencies, universal and regional IOs.
Reference Books
Attending Students:
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.
P. Pustorino, “Introduction to International Human Rights Law”, Berlin, Springer, 2023, Chapter. 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.
Non-Attending Students (Extended Syllabus):
J. Klabbers, “An Introduction to International Organizations Law”, IV ed., Cambridge, Cambridge University Press, 2022, Chapters 1-12.
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.
P. Pustorino, “Introduction to International Human Rights Law”, Berlin, Springer, 2023, Chapter. 4.
Teaching Methods
Lessons, seminars, and exercises. Paper presentations on hot topics and trends.
Assessment Method
Attending Students will be mainly assessed based on their individual achievements during the course and their participation in class. To this end, two mid-term assessments will test the knowledge acquired in the first part and in the second part of the course, respectively. The average grade resulting from the two mid-term assessments will account for 70% of the final mark. Students cannot reject the grades obtained in individual tests. It is possible to reject the average grade only in aggregate and before the examination session.
Final Exam
For those who have passed both mid-term assessments, the final exam will consist of an oral test on topics not covered in previous tests. The grade will account for the remaining 30% of the final mark.
For those who have not taken, not passed both mid-term assessments, or rejected the average grade, the final exam will be a full oral exam consisting of different questions on any random topic of the entire Syllabus and accounting for the 100% of the final mark.
Students can participate only to one examination session among the two scheduled right after the end of the semester (May or June).
Retake Sessions
Students that retract, reject the overall final grade or do not pass the final exam (in May) cannot accede to the second examination date (in June) but have to sit to the retake session (in late August).
In the first available retake session, students can decide to maintain either the average grade obtained in mid-term assessments or to undergo a full oral exam consisting of different questions on any random topic of the entire Syllabus.
After the first available retake session, in the other retake sessions all students will undergo a full oral exam consisting of different questions on any random topic of the entire Syllabus.
Non-Attending Students, duly authorized by the Dean of the Graduate School, will only be assessed based on the final examination accounting for 100% of the final mark. It will consist of an oral test on topics covered by the Extended Syllabus (indicated above under “Reference books”).
Thesis assignment criteria
Final grade must be no less than 28.
Week 1
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
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
Acts of IOs (Klabbers, Ch. 8).
Treaty-making power of IOs (Klabbers, Ch. 12).
Week 4
Immunities of IOs (Klabbers, Ch. 7).
Week 5
In this week, students, individually, will seat for a mid-term assessment to test the knowledge acquired in the first part of the course. It is likely to be a written test including multiple-choice questions and open-ended questions.
Week 6
Responsibility of IOs (Klein, “Responsibility”).
Week 7
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
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
In this week, students, individually, will seat for a mid-term assessment to test the knowledge acquired in the second part of the course. It is likely to be a written test including multiple-choice questions and open-ended questions.
Week 10
IOs and the protection of the environment.
Materials:
M. Wewerinke-Singh, A. Garg and J. Hartmann, “The Advisory Proceedings on Climate Change before the International Court of Justice”, in Questions of International Law, Zoom-in 102 (30 Nov. 2023) pp. 23-43, available online.
Week 11
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
The European Court of Human Rights (Pustorino, “Introduction”, Sections 4.1-4.3.4).