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Single discipline educational activity
Course Sheet Academic Year of enrolment:
Professor and Collaborators:
Hours of classroom activity:
Prerequisites:
No prerequisites. The lecturer will provide a handout - containing the basics of law - to be read before beginning the study of the course.
Objectives
Contents 1. The international legal order: States and IOs. Other subjects.
2. The International Law making process: the sources.
3. The content of the international customary rules governing the main areas of this legal order, such as territorial sovereignty, the treatment of foreigners, the protection of human rights and the environment, the punishment of international crimes, and the law of the sea.
Extended Syllabus The course programme, - which corresponds to Part of the Handbook B. CONFORTI, M. IOVANE, Diritto internazionale, XII ed., Napoli, Editoriale scientifica, 2021, from p. 3 to p. 343, - is structured as follows:
• The international legal order: the subjects: States and IOs. Other subjects.
• The International Lawmaking process: the sources.
o General international law. Custom. The general principles of law recognised by civil nations and the general principles proper to the international order. Other alleged unwritten general rules.
o Non-existence of general written rules. Codification of customary law.
o The Un General Assembly's Declarations of Principles.
o The law of treaties. Formation procedure and competence to enter into treaties. Ineffectiveness of treaties vis-à-vis third States. Incompatibility between treaty provisions. Reservations in treaties. Interpretation of treaties. Succession of States in treaties. Causes of invalidity and extinction of treaties.
o The sources provided for by agreements. The phenomenon of international organisations. The United Nations. Other international organisations of a universal character. The European Union and Community law. The OECD and the Council of Europe. Eecommendations of international bodies.
o The hierarchy of international sources. The unity of the international legal order.
• The content of international law as a set of limits to the sovereignty of the State.
o Territorial sovereignty and its limits: the protection of human rights.
o The punishment of international crimes.
o The limits to sovereignty resulting from economic relations.
o The limits to sovereignty arising from the protection of the environment.
o The limits to sovereignty arising from international rules on the treatment of foreigners, diplomatic agents, foreign states and international organisations.
o The limits to sovereignty arising from international rules on the law of the sea relating to the delimitation of marine spaces.
o The limits to sovereignty arising from international rules on airspace, cosmic, polar regions.
All students should 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 (TEU and TFEU);
* European Convention for the Protection of Human Rights and Fundamental Freedoms.
Recommended Bibliography STUDY HANDBOOK
B. CONFORTI, M. IOVANE, Diritto internazionale, XII ed., Napoli, Editoriale scientifica, 2021, pag. 3 to 343.
TEXTS TO BE CONSULTED
LUZZATTO – POCAR - VILLATA, Codice di Diritto internazionale pubblico, VIII ed. Torino, Giappichelli, 2020.
B. NASCIMBENE, Unione europea – Trattati, V ed., Torino, Giappichelli, 2020.
Teaching Methods Classroom lectures: the teaching is structured in 36 hours of frontal teaching. 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.
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