INTERNATIONAL ORGANIZATION AND HUMAN RIGHTS

Francesco Cherubini, Donato Greco

Obiettivi formativi

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

Prerequisiti

A solid command of international law is more than preferable.

Risultati di apprendimento attesi

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.

Contenuti Del Corso

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.

Testi Di Riferimento

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.

Metodologie Didattiche

Traditional lessons, seminars, exercises.

Modalità di verifica dell'apprendimento

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).

Criteri per l’assegnazione dell’elaborato finale

Final grade must be no less than 28.

Il syllabus affronta temi collegati alla sostenibilità?

No.

Settimana 1

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

Settimana 2

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

Settimana 3

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.

Settimana 4

Immunities of IOs (Klabbers, Ch. 7).

Settimana 5

Responsibility of IOs (Klabbers, Ch. 14).

Settimana 6

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.

Settimana 7

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

Settimana 8

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

Settimana 9

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.

Settimana 10

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

Settimana 11

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

Settimana 12

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.