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, 5, 7, 8, 10.
M. Hartwig, International Organizations or Institutions, Responsibility and Liability, in Max Planck Encyclopedia of Public International Law (https://opil.ouplaw.com/display/10.1093/law:epil/9780199231690/law-9780199231690-e509?rskey=prUC0w&result=6&prd=MPIL)
P. Pustorino, Introduction to International Human Rights Law, Asser Press – Springer, 2023.
Additional readings will be suggested during the course.
Metodologie Didattiche
Traditional lessons, seminars, exercises.
Modalità di verifica dell'apprendimento
Evaluation will take place as follows:
A first written exam will test the acquired knowledge of IOs law. The exam will account for 35% of the final mark.
A second written exam will test the acquired knowledge of international HRs law. The exam will account for 35% of the final mark.
For those who have passed both written exams, the final exam will consist of a single oral question on any random part of the entire syllabus, accounting for the remaining 30% of the final mark.
For those who have not taken the written exams, declined their marks or not passed both written exams, the final exam will be an oral exam consisting in questions on any part of the entire syllabus.
Criteri per l’assegnazione dell’elaborato finale
Final grade must be no less than 27.
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).
Membership of IOs (Klabbers, Ch. 5)
Settimana 3
Acts of IOs (Klabbers, Ch. 8).
Settimana 4
Immunities of IOs (Klabbers, Ch. 7).
Seminar on a specific IO
Settimana 5
Responsibility of IOs (Hartwig).
Settimana 6
Following the first part of the course, students will seat for a written exam to test the acquired knowledge. The exam will account for 35% of the final mark, which will be communicated shortly after the exam. Students can decline their final mark.
Settimana 7
Historical Evolution of International HRs Law (Pustorino, Ch. 1).
Theoretical Foundations and General Characteristics of HRs in International Law (Pustorino, Ch. 2).
International Legal Sources on HRs: General International Law (Pustorino, Ch. 3.1-3.3).
Settimana 8
International Legal Sources on HRs: Particular International Law (Pustorino, Ch. 3.4-3.11).
United Nations and HRs (Pustorino, Ch. 5).
Settimana 9
The European HRs System (Pustorino, Ch. 4.1-4.3).
The Other Regional HRs Systems (Pustorino, Ch. 4.4-4.5).
Settimana 10
Human Rights, States and Non-state Actors (Pustorino, Ch. 13).
International Responsibility of States for Violations of Human Rights (Pustorino, Ch. 14).
Settimana 11
The Content of International Norms for the Protection of HRs (Pustorino, Ch. 6, 7, 8, 9, 10, 11 and 12).
Settimana 12
Following the second part of the course, students will seat for a written exam to test the acquired knowledge. The exam will account for 35% of the final mark, which will be communicated shortly after the exam. Students can decline their final mark.