INTERNATIONAL ORGANIZATION AND HUMAN RIGHTS
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
Human Rights Law: origin, structure and characteristics of HR norms; Source of HR law; UN system of HR protection; regional systems of HR protection; the content of HR law
International Organization Law: subjectivity, classification and structure of IOs; Internal legal order and secondary acts adopted by IOs. Immunities of IOs; international responsibility of IOs for wrongful acts.
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 HR law. The exam will account for 40% of the final mark.
- A second written exam will test the acquired knowledge of IOs law. The exam will account for 40% of the final mark.
- An oral exam, that will consist of a single oral question on any random part of the entire syllabus, accounting for the remaining 20% of the final mark.
For students registered as non-attending/ who have not taken the written exams/declined their marks, they will seat for 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
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 2
International Legal Sources on HRs: Particular International Law (Pustorino, Ch. 3.4-3.11).
United Nations and HRs (Pustorino, Ch. 5).
Settimana 3
The European HRs System (Pustorino, Ch. 4.1-4.3).
The Other Regional HRs Systems (Pustorino, Ch. 4.4-4.5).
Settimana 4
Human Rights, States and Non-state Actors (Pustorino, Ch. 13).
International Responsibility of States for Violations of Human Rights (Pustorino, Ch. 14).
Settimana 5
The Content of International Norms for the Protection of HRs (Pustorino, Ch. 6, 7, 8, 9, 10, 11 and 12).
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 40% of the final mark, which will be communicated shortly after the exam.
Settimana 7
The notion of IO (Klabbers, Ch. 1).
Foundation and conditions of IOs personality (Klabbers, Ch. 3).
Settimana 8
Structure of IOs (Klabbers, Ch. 2 and 10).
Membership of IOs (Klabbers, Ch. 5)
Settimana 9
Acts of IOs (Klabbers, Ch. 8).
Settimana 10
Immunities of IOs (Klabbers, Ch. 7).
Settimana 11
Responsibility of IOs (Hartwig).
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 40% of the final mark, which will be communicated shortly after the exam. Students can decline their final mark.