Course program
Programme of the Course
1) The international community: general characters and its evolution; the origins of international law and the development of the legal doctrines; the principles of universality, equality, and solidarity. Which are the new elements of the international community compared with the Westphalian order of the origins?
2) The sources of international law: customs and their codification; the law of treaties, the1969 Vienna Convention and the other sources of international law. The fundamental principles of international law, from the prohibition of the threat and use of force in international relations to the self-determination of peoples. Are the current sources of international law adequate to realize the main post-WWII aims of international law: ensuring peace and human development?
3) Relationship between international law and domestic law: the theories; the conformity of domestic law with international law in the Italian Constitution. How the existing instruments ensuring the conformity of the Italian legal system with international and European Union’s obligations interact among themselves?
4) The State as a subject of international law: the international legal personality of States; the creation of States, including the formation of the Kingdom of Italy; the recognition of States and governments; the territorial sovereignty and the regime of the areas beyond national jurisdictions. What is the role of international law with regard to secessionist movements? What kind of protection can international law guarantee to global goods and commons?
5) The other subjects of international law: insurgents, governments in exile and national liberation movements; the Holy See; international organizations; the United Nations as the supreme world organization; the position of the individual in international law; the protection of human rights; International criminal law. What is the role of human rights in today’s world? How can the commission of serious international crimes be prevented and repressed? How can civil population be protected during armed conflicts?
6) The organs of the States and their position in international law; diplomatic and consular agents; military organs; the immunity of States from jurisdiction and the immunities of the diplomatic and consular agens. Are immunities still justified in the contemporary world?
7) The responsibility of the State: the international wrongful act and its elements; the circumstances precluding the wrongfulness of an act; the countermeasures; the responsibility for the violation of obligations erga omnes; the responsibility of individuals for international crimes. Which are the means to guarantee the enforcement of international obligations?
8) The peaceful settlement of international disputes: direct and indirect means of solution; the institutional proceedings in the UN Charter; the judicial settlement; arbitration and the International Court of Justice. Which are the means to prevent the conflicts and which are the interactions among the various methods of settlement of international disputes?
P.S. It is compulsory to enroll oneself to the e-learning platform of the course. Please, do not write emails to the teacher asking questions already answered in the e-learning platform.
Prerequisites
Fluency in English
Books
S. MARCHISIO, Corso di diritto internazionale, last edition, Giappichelli editore,
and booklet on the international cooperation and development
Teaching mode
The course will be given in presence or online, depending of course on the concrete situation of the Covid-19 pandemic.
Frequency
Optional but it is highly recommended to follow the lessons
Exam mode
Exams will usually be written. However, the teacher can choose the oral examination if there is a low number of students registered for the exam.
Lesson mode
The course will be given in presence or online, depending of course on the concrete situation of the Covid-19 pandemic.
