International Organisation
A.Y. 2020/2021
Learning objectives
The aim of this course is to provide the analytical tools necessary to understand the basic characteristics of the international community and the structure of the international legal system. The course will first of all explore the main concepts of international law looking at their historical, political and social reality, in the light of the jurisprudence, the practice and the international case-law (unit 1 and unit 2). It will then focus on the legal aspects of the international organizations, namely collective entities established by States to strengthen international cooperation (unit 3). The main objective of this course is to offer students the necessary knowledge in order to critically apply the legal notions to concrete situations, and to also develop a basic legal expertise and Language.
Expected learning outcomes
The students who will learn the program and will successfully pass the exam are expected to develop their understanding about the issues taught during the course. They will also develop a wider ability to making judgements and their learning skills. Communication skills will be improved too.
Lesson period: Activity scheduled over several sessions (see Course syllabus and organization section for more detailed information).
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
A-K
Responsible
Lesson period
First semester
In the emergency teaching phase, should it become necessary to use online teaching, the program designed for face-to-face teaching is modified as follows:
Teaching methods:
The lessons will be held in synchronous, trying to enhance interaction (chat and forum), using mainly Teams; only in specific cases and duly communicated, the lessons will be held in asynchronous (videolessons). In case there will be activities in presence (following the indications of the university), students who will not participate will be offered an alternative online activity that will allow them to develop the same critical and text analysis skills.
The timetable of the lessons remains unchanged and all the most important information will be provided through the ARIEL website of the course.
The methods and criteria for the lessons in attendance, which require a reservation with the appropriate app, will be published in good time on the ARIEL website of the course.
For infomation about exams during health emergency period, see below in the dedicated section.
Teaching methods:
The lessons will be held in synchronous, trying to enhance interaction (chat and forum), using mainly Teams; only in specific cases and duly communicated, the lessons will be held in asynchronous (videolessons). In case there will be activities in presence (following the indications of the university), students who will not participate will be offered an alternative online activity that will allow them to develop the same critical and text analysis skills.
The timetable of the lessons remains unchanged and all the most important information will be provided through the ARIEL website of the course.
The methods and criteria for the lessons in attendance, which require a reservation with the appropriate app, will be published in good time on the ARIEL website of the course.
For infomation about exams during health emergency period, see below in the dedicated section.
Course syllabus
The course is divided into three parts.
Part 1 (20 hours): Introduction to the law of the International Community. Legal relationships in the international legal order: sources of international law and their implementation within national legal orders.
Topics:
Introduction to the law of the International Community.
Sources of international law: Custom and its codification; treaties and sources envisaged in international treaties; hierarchy of sources in international law.
Implementation of international rules within national systems.
Part 2 (20 hours): States as the primary subjects of the International Community. The pathological phase of international legal relationship.
Topics:
States: commencement of their existence; States vs. other international legal subjects; international succession between State; territorial sovereignty and the function of international law; spaces and limits of State sovereignty: from territorial sea to outer space.
The settlement of disputes by peaceful means and the International Court of Justice.
State Responsibility and its consequences.
Enforcement of international law: counter-measures and the general prohibition of the use of force.
Part 3 (20 hours): International organisations and individuals in the international legal order.
Topics:
International organisations as legal subjects and their evolutions; membership and institutional framework (UN model vs. EU model); acts of international organisations; EU legal order.
The right to health in the international legal order and the role of the World Health Organisation as case study. Origins and membership; institutional framework and actions of the Organisation; WHO acts and the International Health regulations.
Individuals as legal subjects; international protection of human rights; EU citizenship.
Part 1 (20 hours): Introduction to the law of the International Community. Legal relationships in the international legal order: sources of international law and their implementation within national legal orders.
Topics:
Introduction to the law of the International Community.
Sources of international law: Custom and its codification; treaties and sources envisaged in international treaties; hierarchy of sources in international law.
Implementation of international rules within national systems.
Part 2 (20 hours): States as the primary subjects of the International Community. The pathological phase of international legal relationship.
Topics:
States: commencement of their existence; States vs. other international legal subjects; international succession between State; territorial sovereignty and the function of international law; spaces and limits of State sovereignty: from territorial sea to outer space.
The settlement of disputes by peaceful means and the International Court of Justice.
State Responsibility and its consequences.
Enforcement of international law: counter-measures and the general prohibition of the use of force.
Part 3 (20 hours): International organisations and individuals in the international legal order.
Topics:
International organisations as legal subjects and their evolutions; membership and institutional framework (UN model vs. EU model); acts of international organisations; EU legal order.
The right to health in the international legal order and the role of the World Health Organisation as case study. Origins and membership; institutional framework and actions of the Organisation; WHO acts and the International Health regulations.
Individuals as legal subjects; international protection of human rights; EU citizenship.
Prerequisites for admission
No prior knowledge of the subject is required.
Teaching methods
Frontal lessons.
Teaching Resources
Textbook: A. Gioia, Diritto internazionale, 6ª edizione, Milano, 2019 (excluding the following chapters: VIII, XV, XVI, XVII, XXIV, XXVII)
Further reading materials made available on the website of the course, especially for part 3:
A. Davì, Organizzazione mondiale della sanità, in Enciclopedia del diritto, vol. XXXI, 1981, pp. 359-368;
Y. Beigbeder, World Health Organization, in Max Planck Encyclopedias of International Law, 2013, pp. 1-11
E. Riedel, Health, Right to, International Protection, in Max Planck Encyclopedias of International Law, 2011, pp. 1-17;
A. Kamradt-Scott, The International Health Regulations (2005) Strengthening Their Effective Implementation and Utilisation, in International Organizations Law Review, 2019, pp. 242-271
L. Daniele, Atti dell'Unione europea, in Enciclopedia del diritto, Annali VIII, 2015, pp. 46-61
P. Mengozzi, C. Morviducci, Istituzioni di diritto dell'Unione europea, 2ª edizione, 2018, pp. 331-365
All the above readings but the last one can be downloaded by the University digital library at www.sba.unimi.it. The chapter of the textbook of Mengozzi and Morviducci is available on the Ariel website.
Beside the textbook and the further compulsory reading materials, it is highly recommended the consultation of any piece of international practice discussed in class. To this aim, see:
M. Frigo, A. Lang, M. Valenti, Diritto della Comunità internazionale e dell'Unione europea, 3ª edizione, Torino, 2015;
R. Luzzatto, F. Pocar, F.C. Villata, Codice di diritto internazionale pubblico, 8ª edizione, Torino, 2020.
Further reading materials made available on the website of the course, especially for part 3:
A. Davì, Organizzazione mondiale della sanità, in Enciclopedia del diritto, vol. XXXI, 1981, pp. 359-368;
Y. Beigbeder, World Health Organization, in Max Planck Encyclopedias of International Law, 2013, pp. 1-11
E. Riedel, Health, Right to, International Protection, in Max Planck Encyclopedias of International Law, 2011, pp. 1-17;
A. Kamradt-Scott, The International Health Regulations (2005) Strengthening Their Effective Implementation and Utilisation, in International Organizations Law Review, 2019, pp. 242-271
L. Daniele, Atti dell'Unione europea, in Enciclopedia del diritto, Annali VIII, 2015, pp. 46-61
P. Mengozzi, C. Morviducci, Istituzioni di diritto dell'Unione europea, 2ª edizione, 2018, pp. 331-365
All the above readings but the last one can be downloaded by the University digital library at www.sba.unimi.it. The chapter of the textbook of Mengozzi and Morviducci is available on the Ariel website.
Beside the textbook and the further compulsory reading materials, it is highly recommended the consultation of any piece of international practice discussed in class. To this aim, see:
M. Frigo, A. Lang, M. Valenti, Diritto della Comunità internazionale e dell'Unione europea, 3ª edizione, Torino, 2015;
R. Luzzatto, F. Pocar, F.C. Villata, Codice di diritto internazionale pubblico, 8ª edizione, Torino, 2020.
Assessment methods and Criteria
Ordinary sessions: in attendance examinations
The written exam is divided into two parts - a multiple choice test and an open question - and aims at ascertaining whether the student has learnt the fundamental concepts of international law and if he/she is able to present them with appropriate vocabulary and an adequate critical eye. The test, contributing to the 2/3 of the final mark, aims at evaluating the knowledge of the subject; the open question, contributing for the other 1/3, aims at evaluating the ability of present his/her knowledge with appropriate vocabulary and an adequate critical eye.
Ordinary sessions: on line examinations - health emergency period
The written exam, structured as above, will take place on Moodle platform via Proctorio if the minimum number of participants is reached or exceed (100 students or more). Otherwise, it will take place on the dedicated Ms Team.
In itinere examination.
As per study plan, but subject to the evolution of the public health emergency, an in itinere examination will take place between the end of November and the beginning of December. The test, a multiple-choice one, will cover the programme of part 1 and part 2 and contributes to the 2/3 of the final mark. Students will complete their exam at an ordinary session. They will be evaluated on part 3 by an open question, which counts for the othe 1/3 of the final mark.
The written exam is divided into two parts - a multiple choice test and an open question - and aims at ascertaining whether the student has learnt the fundamental concepts of international law and if he/she is able to present them with appropriate vocabulary and an adequate critical eye. The test, contributing to the 2/3 of the final mark, aims at evaluating the knowledge of the subject; the open question, contributing for the other 1/3, aims at evaluating the ability of present his/her knowledge with appropriate vocabulary and an adequate critical eye.
Ordinary sessions: on line examinations - health emergency period
The written exam, structured as above, will take place on Moodle platform via Proctorio if the minimum number of participants is reached or exceed (100 students or more). Otherwise, it will take place on the dedicated Ms Team.
In itinere examination.
As per study plan, but subject to the evolution of the public health emergency, an in itinere examination will take place between the end of November and the beginning of December. The test, a multiple-choice one, will cover the programme of part 1 and part 2 and contributes to the 2/3 of the final mark. Students will complete their exam at an ordinary session. They will be evaluated on part 3 by an open question, which counts for the othe 1/3 of the final mark.
L-Z
Responsible
Lesson period
Second semester
In the emergency teaching phase, should it become necessary to use online teaching, the program designed for face-to-face teaching is modified as follows:
Teaching methods:
The lectures will be delivered on Microsoft Teams in synchronous at the time scheduled. They will be recorded, and will remain available on the platform itself. Interactions with the professor will be possible through the Microsoft Teams chat and forum. The calendar of the lectures remains therefore unchanged. Information on how to access Microsoft Teams lectures and other useful instructions will be published on the ARIEL website of the course. It is highly recommended to consult it regularly.
Reference materials:
The program and reference materials will remain unchanged.
Learning verification procedures and assessment criteria:
Learning verification procedures and the assessment criteria will not change, being understood that the written exam will take place online through the Moodle platform. Any oral exam will be held using Microsoft Teams.
Teaching methods:
The lectures will be delivered on Microsoft Teams in synchronous at the time scheduled. They will be recorded, and will remain available on the platform itself. Interactions with the professor will be possible through the Microsoft Teams chat and forum. The calendar of the lectures remains therefore unchanged. Information on how to access Microsoft Teams lectures and other useful instructions will be published on the ARIEL website of the course. It is highly recommended to consult it regularly.
Reference materials:
The program and reference materials will remain unchanged.
Learning verification procedures and assessment criteria:
Learning verification procedures and the assessment criteria will not change, being understood that the written exam will take place online through the Moodle platform. Any oral exam will be held using Microsoft Teams.
Course syllabus
The course is divided into three teaching units.
Teaching unit 1 (20 hours):
1) The international legal system: The main features of the international legal system; the historical evolution of international society.
2) The Subjects of the International Legal system. The State as main subject of International law. The scope of sovereignty. Other subjects of the international system: the insurgents; National Liberation Movements, and other "sui generis" subjects; international organizations; individuals and other non-State entities.
3) The international law-making: the problem sources in the international legal system. International custom and its codification; the "ius cogens"; treaties; other law-making sources.
Teaching unit 2 (20 hours):
4) The implementation of international law rules in the domestic legal systems.
5) Settlement of international disputes. The obligation of peaceful settlement; diplomatic procedures; arbitration and judicial regulation.
6) International wrongful acts and State responsibility; serious and systematic breaches of peremptory norms of general international law and the "aggravated" international responsibility.
Teaching unit 3 (20 hours):
7) Introduction to the law of international organizations: international organizations and their members; structure and functioning of international organizations; international legal personality and the "internal law" of international organizations.
8) The United Nations: origins and main organs; the main purposes and activities of the UN. The prohibition of the use of force and the collective security system.
9) The UN specialized agencies: focus on World Health Organization (WHO)
10) The European Union (EU): the European integration process; the EU institutional framework and the sources of EU law.
Teaching unit 1 (20 hours):
1) The international legal system: The main features of the international legal system; the historical evolution of international society.
2) The Subjects of the International Legal system. The State as main subject of International law. The scope of sovereignty. Other subjects of the international system: the insurgents; National Liberation Movements, and other "sui generis" subjects; international organizations; individuals and other non-State entities.
3) The international law-making: the problem sources in the international legal system. International custom and its codification; the "ius cogens"; treaties; other law-making sources.
Teaching unit 2 (20 hours):
4) The implementation of international law rules in the domestic legal systems.
5) Settlement of international disputes. The obligation of peaceful settlement; diplomatic procedures; arbitration and judicial regulation.
6) International wrongful acts and State responsibility; serious and systematic breaches of peremptory norms of general international law and the "aggravated" international responsibility.
Teaching unit 3 (20 hours):
7) Introduction to the law of international organizations: international organizations and their members; structure and functioning of international organizations; international legal personality and the "internal law" of international organizations.
8) The United Nations: origins and main organs; the main purposes and activities of the UN. The prohibition of the use of force and the collective security system.
9) The UN specialized agencies: focus on World Health Organization (WHO)
10) The European Union (EU): the European integration process; the EU institutional framework and the sources of EU law.
Prerequisites for admission
No prior knowledge of the subject is required.
Teaching methods
The course is offered in a lecture format. Attendance is not mandatory but still highly recommended.
Teaching Resources
1) To prepare for the exam, it is required to study an International Law textbook. The following book is highly recommended:
- A. Cassese, Diritto internazionale, 3° edizione (a cura di Micaela Frulli), Il Mulino, Bologna, 2017. Please, note that this textbook is also available in English edition: Cassese's International Law, 3rd edition, (eds. P. Gaeta, J. Vinuales, S. Zappalà), Oxford University Press, 2020.
As an alternative, please consider also:
- S. Marchisio, Course of international law, second edition, Giappichelli, Turin, 2017
2) Furthermore, it is compulsory :
- U. Draetta, Principles of law of international organizations, Fourth edition, Giuffrè Francis Lefèbvre, Milan, 2020
3) Further reading material will be indicated and uploaded on the ARIEL website of the course.
- A. Cassese, Diritto internazionale, 3° edizione (a cura di Micaela Frulli), Il Mulino, Bologna, 2017. Please, note that this textbook is also available in English edition: Cassese's International Law, 3rd edition, (eds. P. Gaeta, J. Vinuales, S. Zappalà), Oxford University Press, 2020.
As an alternative, please consider also:
- S. Marchisio, Course of international law, second edition, Giappichelli, Turin, 2017
2) Furthermore, it is compulsory :
- U. Draetta, Principles of law of international organizations, Fourth edition, Giuffrè Francis Lefèbvre, Milan, 2020
3) Further reading material will be indicated and uploaded on the ARIEL website of the course.
Assessment methods and Criteria
The exam takes place in written form, is divided into two parts: a test with multiple choice questions and 3 open questions. It aims at ascertaining that the student has learnt the fundamental concepts of international law and is able to expose them with the appropriate vocabulary and an adequate critical eye.
Professor(s)