INTERNATIONAL LAW B

General Module

Course Sheet

Course code:

00023LB

Academic Year of enrolment:

2021

Year of supply:

2022/2023

Type of Course:

Characterising

Degree:

Course of 1st Cycle Degree in BUSINESS LAW

Disciplinary Sector:

International Law

Is part of:

INTERNATIONAL LAW

Location:

PESCARA

Credits:

Programme Year:

Professor and Collaborators:

PUOTI Paola

Cycle:

First semester

Hours of classroom activity:

Individual study hours:

102

Prerequisites:

For students enrolled in all First Level Degree Courses: having taken and passed the Public Law examination.
For students enrolled in the Degree Course in Servizi Giuridici per l’Impresa (SEGI): have taken and passed the Constitutional Law exam.

Objectives

The teaching contributes to the achievement of the educational objectives of the course of study in Servizi Giuridici per l’Impresa (SEGI).
KNOWLEDGE AND CAPABILITY OF UNDERSTANDING: The course aims to enable students to know the content of the fundamental rules of the international legal system, and the related terminological and technical tools, while providing the appropriate means to acquire the correct methodology of study of the subject. At the end of the course students will be able to understand the structure of the international legal system, as a set of limits to the sovereignty of the single state in favour of cooperation actions through the setting up of common rules useful to solve problems that cannot be dealt with adequately and effectively at state level.
ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING:
this knowledge will enable students, within the scope of their possible employment, to apply international law, and to make compliance-oriented choices with respect to this legal order.

Contents

1. The international legal order: States and IOs. Other subjects.
2. The International Law making process: the sources.
3. The implementation of international law into domestic legal order
4. The breach of International Law: the unlawful act: constitutive elements.
5. The international disputes resolution.

Extended Syllabus

Programs
Program valid for SEGI (6 CFU)
1. The international legal order: the subjects:
States and IOs. Other subjects.
2. The International Lawmaking process: the sources.
3. The implementation of International Law into domestic legal order
4. The breach of international law: the unlawful act: constituent elements.
5. The resolution of international disputes.
Recommended textbooks:
B. CONFORTI, M. IOVANE, Diritto internazionale, XII ed., Napoli, Editoriale scientifica, 2021 (the whole book except Part II);
C. FOCARELLI, Lezioni di Diritto Internazionale, Prassi, Volume II, Padova, CEDAM 2008.
THE STUDY OF THE FOLLOWING CASES IS REQUIRED:
3,5,6,12,13,14,22,23,28,49,50,51,52,53,54,55,56,62, 6 3 , 6 4 , 6 7 , 7 6 , 7 7 , 8 1 , 8 2 , 8 3 , 8 5 , 8 6 , 8 7, 112, 114, 115, 116, 127, 131, 133, 134,136,142,143, 145, 146, 148, 149, 150, 153,154,155,157,159, 160, 161, 162, 164,168,169,175,176,177,185, 189, 190, 192, 195,201,202,203,204,205,206, 222,223,226,227,229,232,233,243,244,266,277,278,279,280,281,282,287,288,291,295,296,297,298,301,303,305,306,309,310,311,312.
C. FOCARELLI, Lezioni di Diritto
Internazionale, Prassi, Volume II, Padova, CEDAM, 2012.
THE STUDY OF THE FOLLOWING CASES IS REQUIRED: 7,8,9,11,12,18,19,23,24,25,27,43,45,4647,49,50,63,67,69,73,77,82,87,88,93,98,99,100,101,102.
Note: for the basic module of the programme, students be well aware of and be able to discuss the following agreements (insofar as they are referred to in the text):
* United Nations Charter
* Statute of the International Court of Justice;
* Vienna Convention on the Law of Treaties;
* Treaties establishing the European Union;
* European Convention for the Protection of Human Rights and Fundamental Freedoms.
The Italian texts of the agreements (excluding EU/FFEU treaties) can be found in the volume:
R. LUZZATTO – F. POCAR, Codice di Diritto
internazionale pubblico, VII ed., Torino, Giappichelli, 2016.
The texts of the EU and TFEU Treaties can be read in any code updated to 2021 or in:
B. NASCIMBENE, Unione europea – Trattati, IV ed., Torino, Giappichelli, 2020.
Partial examinations are foreseen, reserved to the frequenting students.
Thesis: knowledge of English, and possibly other EU language is required.
Exercises and seminars: during the course there will be exercises and seminars on general aspects of international law. The material will be provided with from time to time by the teacher.
DEGREE COURSE L/12 (6 CFU): Same program as SEGI with the exclusion of Part IV of Conforti.

MUTUI FROM OTHER THREE-YEAR DEGREE COURSES AND OLD SYSTEM: Students of other Degree Courses of the Faculty, both four-year and three-year degree courses, are invited to contact the teacher during office hours or, in any case, if they intend to attend, at the beginning of the lessons, to agree on the appropriate program to be carried out in consideration of the greater or lesser number of credits (or lesson hours in the case of four-year courses).
related to each course.

Recommended Bibliography

STUDY HANDBOOK
B. CONFORTI, M. IOVANE, Diritto internazionale, XII ed., Napoli, Editoriale scientifica, 2021.
STUDY AUXILIARY TEXTS TO BE CONSULTED
C. FOCARELLI, Lezioni di Diritto Internazionale, Prassi, Volume II, Padova, CEDAM 2008;
C. FOCARELLI, Lezioni di Diritto
Internazionale, Prassi, Volume II, Padova, CEDAM, 2012.
R. LUZZATTO – F. POCAR, Codice di Diritto
internazionale pubblico, VII ed. Torino, Giappichelli, 2016.
The texts of the EU and TFEU Treaties can be read in any code updated to 2021 or in
B. NASCIMBENE, Unione europea – Trattati, IV ed., Torino, Giappichelli, 2020.

Teaching Methods

Classroom lessons: the teaching is structured in 48 hours of frontal teaching divided into 2 weekly lessons of 2 hours each.
Frontal teaching consists of theoretical lessons.
Seminars: the students will be offered a series of classroom-based tests to verify their learning and understanding of the topics dealt with, based on some practical cases that will be discussed during the course of the lessons.
Attendance is optional, but recommended.

Evaluation methods

Verification of learning:

The examination consists of an oral test. The arguments reflect those dealt with during the teaching and included in the syllabus.
The final oral test is the same for both attending and non-attending students.
Partial examinations: a partial examination is foreseen in order to facilitate the preparation of the final exam, reserved to the attending students. The final mark is in thirtieth percentile.
LEARNING RESULTS:
a) KNOWLEDGE AND SKILL OF UNDERSTANDING: describe, understand and know how to interpret the rules that constitute the content of the international legal order.
b) CAPABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING: autonomy of judgement; knowing how to identify the interaction between the different substantive norms of the international legal order, also linking the different sectors and to be able to identify and resolve conflicts between norms of different content applicable to the same concrete case.

Contacts/More Information

E-mail address: paola.puoti@unich.it
Student reception day and time: Thursday, 11:00-13:00.
Prof. Puoti carries out tutoring activities for third year SEGI students.
Degree thesis: knowledge of English and possibly of another EU language (other than Italian) is required.

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

Aree