Learning objectives
At the end of the course each student will be able to:
- have knowledge and understanding of the principles and rules relating to the composition and organization of the international community
- have knowledge and understanding of the principles and rules relating to the making and application of international law;
- have knowledge and understanding of the principles and rules that govern the relations between States, as well as the latter’s interactions with other international actors;
- have knowledge and understanding of the principles, the rules and international practice relating to the use of force by States;
- have knowledge and understanding of the current trends of international law;
- assess fairly the legal issues arising out of concrete situations, hypothetical or taken by current or past real examples;
- make a critical assessment of the function of law in international relations, in particular by reference to the rules on the use of force;
- clearly communicate her or his observations, by selecting information according to their importance and relevance, formulating ideas, and providing solutions to problems, individually and in groups;
- develop and convey to audiences international legal arguments using a correct terminology and adequate reasoning;
- deepen in autonomy the study of specific aspects of international law.
Prerequisites
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Course unit content
The course focuses on the theoretical foundations, on the functioning and on the limits of public international law (PIL). It is designed to give students a global understanding of the rules governing international relations and aims at providing them with practical skills in legal reasoning and arguing on international issues. The theoretical approach will be accompanied by punctual references to international practice and case-law, the examination of case-studies and the critical discussion of the most controversial issues.
After having defined PIL and framed its function in the dynamics of international relations, a special attention will be paid to the organization of the international community and to the functioning of its legal system. The following issues will be tackled:
- Who are the subjects and actors of PIL? States, International Organizations, individuals, and others.
- How is PIL made? Custom, treaties, general principles of law, and soft law. Codification of general international law. Peremptory norms.
- What are the fundamental principles of public international law? States’ territorial sovereignty and its limits.
- What is the role of domestic law in the implementation of PIL? Monism and dualism. Techniques of implementation and hierarchy between international and domestic norms in Italy.
- How does international law react to breaches of its norms? International responsibility for wrongful acts. The settlement of international disputes.
- What is the content of the principle of prohibition of the threat or use of force and how did it develop?
Full programme
• INTRODUCTION TO INTERNATIONAL LAW
• THE INTERNATIONAL COMMUNITY
o States
o International Organizations
o Individuals
• LAW MAKING IN THE INTERNATIONAL COMMUNITY
o General features of international law-making
o Peremptory norms of international law
o International custom
o Treaties and the law of treaties
o Soft-law
• INTERNATIONAL LAW IN DOMESTIC LEGAL SYSTEMS
o The relationship between international and domestic law
o International custom and the Italian legal system
o International treaties and the Italian legal system
• COMPLIANCE WITH INTERNATIONAL LAW
o International wrongful act
o International responsibility
o Dispute settlement
• THE USE OF FORCE IN INTERNATIONAL LAW
o The prohibition of the use of force
o The collective security system
o Peace-keeping missionso
o Self-defence
o Use of force: some outstanding issues
Bibliography
A. Cassese, Diritto internazionale (a cura di M. Frulli), 3a ed., Il Mulino, 2017.
The slides of the lessons are an integral part of the teaching materials for students attending lectures. All teaching materials are uploaded to the Elly platform on a weekly basis.
Teaching methods
The course will include taught classes and seminars. The theoretical approach will be integrated with punctual references to international practice and case-law, with the examination of case-studies, with hypoteticals, and with the critical discussion about the most controversial issues.
Assessment methods and criteria
Students attending lectures:
Intermediate written test, concerning the first part of the program (to be defined at the beginning of the course), and final oral exam, concerning the second part of the program.
The written intermediate test (for which 2 hours will be allocated) will consist of five multiple choice questions, two hypothetical cases and an open question. The score will be assigned as follows: 3 points for each correct multiple choice question; -1 point for each wrong multiple choice question; no score for each multiple choice question with no answer; up to 4 points for each hypothetical case; up to 7 points for the open question. The intermediate test will be considered passed with the achievement of a score of 18/30.
The oral exam will consist of a general question and some more specific questions, with the aim of ascertaining:
- the ability to communicate, through an assessment of the ability to coherently organize the exhibition, in providing exhaustive definitions, in using an appropriate legal terminology and in clarifying the meaning of particular expressions or concepts;
- the ability to learn, through a further verification of the level of knowledge and understanding of the course contents and their application to concrete, real or hypothetical cases.
The final vote will be given by the average between the vote of the intermediate written test and the vote of the oral test.
For attending students who do not pass the intermediate written test or who intend to refuse the vote, there is the possibility of taking the oral exam. In this case, the oral exam will focus on the entire course program.
Students not attending lectures:
Oral exam, subject to passing a pre-selection test with multiple choice and open questions.
The test and the oral exam will be held on the same day.
The pre-selection test (for which 40 minutes will be allocated) is aimed at ascertaining the basic knowledge and understanding and practical application skills. The test will consist of eight multiple choice questions and two open questions. Every correct answer determines the attribution of 3 points and every wrong answer a penalty of points 1. The answers not provided do not give score. The test will be considered passed with a score of 18/30.
The oral exam will consist of at least two questions, with the aim of ascertaining
- the ability to communicate, through an assessment of the ability to consistently organize the exhibition, in providing comprehensive definitions, in using an appropriate legal terminology and in clarifying the meaning of particular expressions or concepts;
- the ability to learn, through a further verification of the level of knowledge and understanding of the course contents and their application to concrete, real or hypothetical cases.
Other information
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