Course program
The international community and its law - The historical evolution of the international
community -The foundation of International law - The various categories of sources -
The international custom and the codification of the general norms - The rules of jus
cogens with particular reference to codification - The rules establishing obligations
erga omnes - The law of the treaties - International treaties in the Italian constitutional
order - General principles, acts of international organizations, soft law, jurisprudence
and doctrine - Unilateral acts - Relations between international law and state law - The
adaptation of the italian legal system to international norms - Subjects in international
law - Immunity of international subjects - The events of international subjects: extinction
and succession - The prohibition of the use of force in international law - International
responsibility - International disputes and their solution - The International Court of
Justice.
Prerequisites
Basic linguistic knowledge, in particular of the language most used
in international relations: the English language.
Books
* One to choose from the following two manuals:
- Monaco R., Curti Gialdino C., Manual of international law
public. General part, 3rd edition (4th edition if already
published) Utet juridical, Turin, 2009 (all); - Marchisio S.,
International law course, third edition, Giappichelli, Turin,
2021 (all).
* For the monographic part:
- Cadin R., The ius cogens in the time of codification,
Giappichelli, forthcoming.
Frequency
* optional
The attendance of the course is optional and not compulsory, but to be considered
attending it is required the attendance at the 2/3 of the lessons.
Exam mode
* students not attending:
oral exam (20-30 minutes) articulated in 3/4 questions on the knowledge acquired through the study of the exam texts.
* For attending students:
The assessment of attending students takes place within the framework of an in itinere path divided into four tests aimed at verifying the full achievement of the
expected learing outcomes:
- at the end of the first part of the course, dedicated to the study of the sources of international law, a test will be administered, with multiple choice (20) and
open-ended (one on the codification of ius cogens) questions, that will allow to evaluate the formal knowledge of the normative dimension of the international
legal system;
- at the end of the second part of the course dedicated to the study of the subjects of the international order, attending students will make a critical presentation
in oral form of a topic of their choice. This test will allow to stimulate the students' interest for the subject and to assess not only their level of formal knowledge,
but also their ability to deepen and to critical analyse of a phenomenon, as well as to give a synthetic and effective representation of that;
- at the end of the last part of the course, dedicated to the study of international responsibility and the resolution of international disputes, a test will be
administered, with multiple choice (20) and open-ended (one) questions, that will allow to evaluate the formal knowledge of these institutes and also to give to
the whole evaluation process an objective counter-test;
- Finally, the optional test will consist in the presentation during the examination of one of the most significant cases of the jurisprudence of the International
Court of Justice. This test (individual or in small groups) will allow assessing both the students' ability to interact in in solving international disputes through the
application of international law and and to effectively communicate the elaborated solutions This evaluation will concern not only the collective dimension, but
also the individual contribution to the group research. The final evaluation of the attending student will be determined by the average in thirtieths of the three
marks obtained in the compulsory tests. Attending students who wish to improve this mark will be able to take the optional test during the exam.
Lesson mode
The Course will be characterized by the use of teaching methods aimed at developing the active participation of students and their ability to use the knowledge
acquired to solve international disputes through the application of international law. This objective will be achieved through the combination of different teaching
models (lectures, case studies, practical exercises and group researches). Specifically, within the Course will be provided, in addition to lectures, exercises on
case studies in particular from the jurisprudence of international courts and presentations by attending students on international subjectivity. Furthermore, an
optional test is foreseen during the exam. Attending students, on a voluntary basis, will prepare the presentation of one of the most significant cases in the
jurisprudence of the International Court of Justice.