International law
Course objectives
Inglese: The course aims to provide students with a general overview of the structure and features of the international community and a critical analysis of the main problems of contemporary international legal relationships.
Channel 1
ALESSANDRA GIANELLI
Lecturers' profile
Program - Frequency - Exams
Course program
I. Subjects of international law. States as subjects in international law; State in the sense of international law; sovereignty in the sense of international law; consequences of State sovereignty; domestic jurisdiction; the principle of non-intervention in the internal affairs of a State; the rise and extinction of States; succession of States; sovereign powers: immunities. Other possible subjects of international law (governments in exile, insurrectional groups, failed States). International organisations. The United Nations: structure and powers. The process of European integration.
II. Sources of international law. Custom. General principles of law. Law of the treaties. Codification of international law. Soft law. Acts by international organizations: decisions, recommendations, declaration of principles. Relationship between different rules; conflict solutions. Peremptory norms. Fragmentation and unity of the international legal system.
III. State responsibility for wrongful acts. Responsibility in a bilateral relationship. Attribution of conduct to a State. Fault. Breach of an international obligation. Content of responsibility. Implementation of responsibility; countermeasures; liability for lawful acts. Responsibility arising from a breach of an erga omnes obligation. Responsibility arising from a serious breach of an obligation provided for by a peremptory norm.
IV. Dispute settlement procedures. Diplomatic means; arbitral and jurisdictional means. Arbitration. Permanent court of international justice and Court of international justice. Specialized courts. Fragmentation of courts and the unity of the international legal system.
V. The relationship between international and municipal laws. Classic perspectives: monism and dualism. Self-executing rules. Solutions currently adopted in various constitutions. The Italian legal system and its relationship with customary law; treaty law; international judgments. Recent developments on the position of international law in the municipal system.
VI. Use of armed force in contemporary international law. The prohibition to threaten and use force. Self defense. Other possible exceptions.
VII. Use of force by the United Nations: Security Council's and General Assembly's powers. Regional organisations, NATO.
Prerequisites
Working knowledge of Public law, Private law and European Union law is strongly recommended.
Books
E. Cannizzaro, Diritto internazionale, V edizione aggiornata, Torino, Giappichelli, 2022, in full. G. Arangio-Ruiz, La persona internazionale dello Stato, Utet, Torino, 2007, disponibile online su www.gaetanoarangioruiz.it, in full.
Frequency
Professor will call on students in a casual order to see whether they are in class or not.
Exam mode
The exam will be carried out through oral questions and answers . Students attending the classes may take written exams throughout the course and then have a final question and answers session on the last topics of the course.
Lesson mode
The course is carried out in person. Questions, doubts, observations by students are welcome.
Channel 2
VINCENZO CANNIZZARO
Lecturers' profile
- Lesson code98380
- Academic year2024/2025
- Courselaw
- CurriculumSingle curriculum
- Year3rd year
- Semester2nd semester
- SSDIUS/13
- CFU9
- Subject areaInternazionalistico