INTERNATIONAL ORGANIZATION AND HUMAN RIGHTS
INTERNATIONAL ORGANIZATION AND HUMAN RIGHTS
Domenico Pauciulo, Giuseppe Pascale
Domenico Pauciulo
dpauciulo@luiss.it
Obiettivi formativi
Legal analysis of the phenomenon of international organizations (IOs), with particular reference to the international protection of human rights (HRs).
Risultati di apprendimento attesi
Knowledge and understanding: knowledge of the institutional functioning of associative phenomena, with a specific reference to IOs; and of the activities they carry out for the international protection of HRs.
Applying knowledge and understanding: ability to frame the current legal problems of IOs and of international protection of HRs.
Making judgments: acquisition and application of the legal tools for the understanding of dynamics concerning IOs and HRs.
Communications skills: ability to elaborate, in oral and written form, legally correct information, solidly based on normative data, concerning the functioning of IOs, especially in the area of HRs.
Learning skills: maturation of a capacity of reading the dynamics of cooperation among States in the perspective of their possible future developments.
Contenuti Del Corso
IOs. Their subjectivity and structure. Internal legal order and secondary acts. Immunities of IOs. The responsibility of IOs. IOs and HRs: UN and regional IOs.
Testi Di Riferimento
J. Klabbers, An Introduction to International Organizations Law, Cambridge, 2022, IV ed.: CHAPTERS 1, 2, 3, 7, 8, 10 and 14.
O. De Schutter, International Human Rights Law, Cambridge, 2019, III ed.: CHAPTERS 1, 9, 10 and 11.
Additional readings will be suggested during the course.
Specific extended syllabus:
J. Klabbers, An Introduction to International Organizations Law, Cambridge, 2022, IV ed.
O. De Schutter, International Human Rights Law, Cambridge, 2019, III ed.: CHAPTERS 1, 2, 8, 9, 10 and 11.
Metodologie Didattiche
Traditional lessons, seminars, exercises.
Modalità di verifica dell'apprendimento
Evaluation will take place as follows:
Four tests will take place during the course, one every two weeks.
Each test will be made up of an individual part (ex: essay with open-ended questions; multiple choices test;)and a part based on group activities (ex: in class-presentation; research activities). The individual part will account for the 75% of the final mark, while the remaining 25% will be determined following the evaluation of group activities.
For those who have taken all four tests the final exam will consist of a single oral question on any part of the entire syllabus. For those who have taken three tests the final exam will consist of a specific question on the topics of the test not taken and of a single oral question on any part of the entire syllabus. All the other students will take a four questions oral exam on a specific extended syllabus (listed under '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, Ch. 2 and 10).
Acts of IOs (Klabbers, Ch. 8).
Settimana 3
Following the first two weeks of acquisition, students, individually and divided into groups, will be called to solve concrete questions using the acquired knowledge. Individually, students will be asked to sit for a multiple choice test that will determine the 75% of the final mark. The multiple choice test will take place on Monday. Divided into groups, students will be asked to analyze case law, papers or normative instruments, to be further discussed and presented during class hours, in order to get the remaining 25% of the final mark. Each group will briefly present its work on Friday. The final mark will be communicate on Friday afternoon.
Settimana 4
Immunities of IOs (Klabbers, Ch. 7).
Settimana 5
Responsibility of IOs (Klabbers, Ch. 14).
Settimana 6
Following the third and fourth weeks of acquisition, students, individually and divided into groups, will be called to solve concrete questions using the acquired knowledge. Individually, students will be asked to sit for a multiple choice test that will determine the 75% of the final mark. The multiple choice test will take place on Monday. Divided into groups, students will be asked to analyze case law, papers or normative instruments, to be further discussed and presented during class hours, in order to get the remaining 25% of the final mark. Each group will briefly present its work on Friday. The final mark will be communicate on Friday afternoon.
Settimana 7
The rise of international HRs (De Schutter, Ch. 1).
The mechanisms of protection: the UN HRs system (De Schutter, Ch. 9).
Settimana 8
The mechanisms of protection: the European system of protection of HRs (De Schutter, Ch. 11.1).
Settimana 9
Following the fifth and sixth weeks of acquisition, students, individually and divided into groups, will be called to solve concrete questions using the acquired knowledge. Individually, students will be asked to sit for a multiple choice test that will determine the 75% of the final mark. The multiple choice test will take place on Monday. Divided into groups, students will be asked to analyze case law, papers or normative instruments, to be further discussed and presented during class hours, in order to get the remaining 25% of the final mark. Each group will briefly present its work on Friday. The final mark will be communicate on Friday afternoon.
Settimana 10
The mechanisms of protection: the Inter-American and African system of protection of HRs (De Schutter, Ch. 11.2 and 11.3).
Settimana 11
Following the seventh week of acquisition, students, individually and divided into groups, will be called to solve concrete questions using the acquired knowledge. Individually, students will be asked to sit for a multiple choice test that will determine the 75% of the final mark. The multiple choice test will take place on Monday. Divided into groups, students will be asked to analyze case law, papers or normative instruments, to be further discussed and presented during class hours, in order to get the remaining 25% of the final mark. Each group will briefly present its work on Friday. The final mark will be communicate on Friday afternoon.
Settimana 12
Lectures will be devoted to mock cases.