Obiettivi formativi
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.
Prerequisiti
A solid knowledge of international law is highly recommended.
Risultati di apprendimento attesi
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.
Contenuti Del Corso
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.
Testi Di Riferimento
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.
Metodologie Didattiche
Lessons, seminars, and exercises. Paper presentations on hot topics and trends.
Modalità di verifica dell'apprendimento
Attending Students will be assessed based on their individual achievements during the course (30%) and the final exam (70%).
To this end, two mandatory mid-term assessments will test the knowledge they acquired during the course. The average grade resulting from the two mid-term assessments will account for 30% of the final mark. In the event of absence or withdrawal from one or more mid-term assessments, the corresponding evaluation will be insufficient and will concur to the calculation of the average grade. Students cannot reject the grades obtained in individual tests nor the average grade.
The average grade will concur for the 30% in determining the overall final grade; it remains valid only for the two examination sessions immediately following the end of the semester (May and June).
Final Exam
For those who have passed both mid-term assessments, the final exam will consist of an oral test on the entire syllabus. The grade will account for the remaining 70% of the overall final grade.
Students may sit for the final exam in both the examination sessions scheduled within the semester (May and June), retaining the average grade obtained in the continuous assessment.
For those who have not taken, not passed both mid-term assessments, the final exam will be a full oral exam on the entire Syllabus, accounting for the 100% of the final mark.
Retake Sessions
Students that retract, reject the overall final grade or do not pass the final exam (in May or June) have to sit for the retake session (in late August) and will undergo a full oral exam on the entire Syllabus accounting for 100% of the overall finale grade.
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”).
Criteri per l’assegnazione dell’elaborato finale
The only requirements are a final grade of no less than 28/30 and a keen interest in the discipline.
Settimana 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.
Settimana 2
The notion of IO (Klabbers, Ch. 1).
The legal personality of IOs (Klabbers, Ch. 3).
Structure of IOs (Klabbers, Chs. 2 and 10).
Settimana 3
Acts of IOs (Klabbers, Ch. 8).
Treaty-making power of IOs (Klabbers, Ch. 12).
Settimana 4
Immunities of IOs (Klabbers, Ch. 7).
Settimana 5
Responsibility of IOs (Klein, “Responsibility”).
Settimana 6
In this week, students, individually, will sit for a mid-term assessment to test the knowledge they acquired in the first part of the course. It is likely to be a written test including multiple-choice and open-ended questions.
Settimana 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.
Settimana 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.
Settimana 9
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.
Settimana 10
In this week, students, individually, will sit for a mid-term assessment to test the knowledge they acquired in the second part of the course. It is likely to be a written test including multiple-choice and open-ended questions.
Settimana 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.
Settimana 12
The European Court of Human Rights (Pustorino, “Introduction”, Sections 4.1-4.3.4).