International Law
A.Y. 2024/2025
Learning objectives
The course builds on the multidisciplinary approach of the degree programme, teaching students how international law operates across all fields of political and economic relationships and how it relates dialectically with national legislations. This includes analysing the law's predictive capacities as regards the most recent developmental trends.
The course provides students with a strong understanding of the institutions and standards that underpin the international legal system and lays the groundwork for the study of EU law and for developing further knowledge of topics of international law in subsequent courses.
Therefore, active classroom participation is strongly recommended, as it plays an essential role in training students in the research methods they must employ and in learning the specialist terminology required to discuss the subject. Course lecturers promote these learning outcomes through the study of specific cases and analysis of primary sources.
The course provides students with a strong understanding of the institutions and standards that underpin the international legal system and lays the groundwork for the study of EU law and for developing further knowledge of topics of international law in subsequent courses.
Therefore, active classroom participation is strongly recommended, as it plays an essential role in training students in the research methods they must employ and in learning the specialist terminology required to discuss the subject. Course lecturers promote these learning outcomes through the study of specific cases and analysis of primary sources.
Expected learning outcomes
Upon completing the course, students will understand and be able to clearly explain the key concepts of international law (for instance, sources and actors of international legislation, illegality and liability, dispute resolution and law enforcement mechanisms and relationships between international and national law) and will be able to address the legal issues that arise from these in international relations by identifying and correctly applying the relevant legislation.
Moreover, by analysing the legislative sources and case-law presented during teaching, students will also learn to express themselves using the correct legal terminology and to deploy their critical judgment as regards the varying possible interpretations of contentious matters.
Moreover, by analysing the legislative sources and case-law presented during teaching, students will also learn to express themselves using the correct legal terminology and to deploy their critical judgment as regards the varying possible interpretations of contentious matters.
Lesson period: Second trimester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
A-K
Responsible
Lesson period
Second trimester
Course syllabus
The syllabus is common to all students: it applies to both attending and non-attending students.
Module I: The nature of the international community, the subjects and sources of international law and the application of international law in the domestic law of States:
1. Nature and character of the international community.
2. The subjects of the international community: States; territorial and transitional entities (insurgents, liberation movements and governments in exile); International Organisations; non-territorial and permanent entities (e.g. Holy See, Order of Malta and International Committee of the Red Cross); the position of individuals and multinational companies.
3. The sources of international law: international custom and its codification; general principles of law recognised by civilised nations; international treaties; binding acts of international organisations; jurisprudence; equity; doctrine; soft law sources.
4. The relationship between international sources.
5. The application of international law within the State
Module II: The content of the rules of International law:
1. The normative distribution of the State jurisdiction: territorial sovereignty and State jurisdiction; land spaces; sea spaces; air space; cosmic space; polar regions.
2. The immunities of foreign States from jurisdiction and the privileges and immunities of foreign organs;
3. The protection of the environment;
4. The rules relating to individuals: foreign nationals; human rights; international humanitarian law; international crimes; international responsibility of the individual.
Module III: The pathological phase of relations between subjects in the international community
1. The international responsibility of States: the constituent elements of the internationally wrongful acts and the responsibility regime.
2. Disputes settlement in international law: diplomatic proceedings; international arbitration and judicial settlement.
3. The prohibition of the use of force: prohibition of the use of force; individual and collective self-defence; other unilateral forms of military intervention.
Module I: The nature of the international community, the subjects and sources of international law and the application of international law in the domestic law of States:
1. Nature and character of the international community.
2. The subjects of the international community: States; territorial and transitional entities (insurgents, liberation movements and governments in exile); International Organisations; non-territorial and permanent entities (e.g. Holy See, Order of Malta and International Committee of the Red Cross); the position of individuals and multinational companies.
3. The sources of international law: international custom and its codification; general principles of law recognised by civilised nations; international treaties; binding acts of international organisations; jurisprudence; equity; doctrine; soft law sources.
4. The relationship between international sources.
5. The application of international law within the State
Module II: The content of the rules of International law:
1. The normative distribution of the State jurisdiction: territorial sovereignty and State jurisdiction; land spaces; sea spaces; air space; cosmic space; polar regions.
2. The immunities of foreign States from jurisdiction and the privileges and immunities of foreign organs;
3. The protection of the environment;
4. The rules relating to individuals: foreign nationals; human rights; international humanitarian law; international crimes; international responsibility of the individual.
Module III: The pathological phase of relations between subjects in the international community
1. The international responsibility of States: the constituent elements of the internationally wrongful acts and the responsibility regime.
2. Disputes settlement in international law: diplomatic proceedings; international arbitration and judicial settlement.
3. The prohibition of the use of force: prohibition of the use of force; individual and collective self-defence; other unilateral forms of military intervention.
Prerequisites for admission
None. However, a good level of English Language (B1/B2) may be useful for a better comprehension of the cases commented at class.
Teaching methods
Classes are focused on the analysis of international practice. The investigation on treaties, resolutions adopted by international organizations, judgement by national and international courts and tribunals and national laws and regulations will allow a proper understanding of the diverse topics offered to students during classes. The purpose is to provide students with the necessary analytical tools for analysing and solving case studies.
At the beginning of the course, the syllabus will be circulated among students and will be uploaded on the website of the course. Teaching materials are published on the website of the course and will be part of the final exam.
At the beginning of the course, the syllabus will be circulated among students and will be uploaded on the website of the course. Teaching materials are published on the website of the course and will be part of the final exam.
Teaching Resources
C. Focarelli, Diritto internazionale, 7a edizione, Wolters Kluwer CEDAM, Milano, 2023 (except: Capitolo IV, sezione 3; Capitolo VI, sezioni da 1 a 4; Capitolo VII, sezioni 1, 3 e 4; Capitolo VIII, sezione 2).
For legal materials, the consultation of the following is recommended:
R. Luzzatto, F. Pocar, F.C. Villata, Codice di diritto internazionale pubblico, Giappichelli, Torino, 2020.
Teaching materials will be published on the website. They will be part of the programme of the exam; their knowledge will be taken into account in the final assessment.
For legal materials, the consultation of the following is recommended:
R. Luzzatto, F. Pocar, F.C. Villata, Codice di diritto internazionale pubblico, Giappichelli, Torino, 2020.
Teaching materials will be published on the website. They will be part of the programme of the exam; their knowledge will be taken into account in the final assessment.
Assessment methods and Criteria
The final exam is an oral exam. The purpose is to appraise students': a) knowledge and critical understanding of the topics covered during classes and included in the programme of the course; b) capacity of applying the tools of public international law to investigate inter-State relations. Particular attention is given to the proper use of legal lexicon.
L-Z
Responsible
Lesson period
Second trimester
Professor(s)