MARIA IRENE PAPA
Structure:
Dipartimento di STUDI GIURIDICI, FILOSOFICI ED ECONOMICI
SSD:
GIUR-09/A

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AVVISO DIDATTICA

Tutela internazionale ed europea dei diritti umani (LMG01)

 

Il corso inizierà mercoledì 19 febbraio 2025.  

Le lezioni si terranno:

- il mercoledì dalle ore 12:00 alle ore 14:00 in Aula 9,

- il giovedì dalle 16:00 alle 18:00 Aula 304

- il venerdì dalle ore 15.00 alle ore 17.00 Aula 304

 

 

 

INTERNATIONAL LAW CLASSES (LM-90)

2024/2025

CLASS SCHEDULE

 

International Law classes start on February 19, 2025. 

Classes will be held on

- Wednesday from 16:00 to 18:00 in room 304

- Thursday from 11:00 to 13:00 in room 6

- Friday from 9:00 to 11:00 in room 6.

 

 

INTERNATIONAL LAW - DETAILED SYLLABUS (2024-2025)

Prof. Maria Irene Papa

9 credits

 

Course Objectives

The aim of this course is to provide students with a basic knowledge of international law in order to enable them to: 1) understand the main features of the international legal system; and 2) autonomously and critically assess the major issues and events in contemporary international relations.

 

Content of the Course

The course is taught in English and is aimed at Italian and foreign students. It aims to analyse the main features of international law. The three basic legal functions - law-making, law-determination and law enforcement - will be examined, with special attention to the changes in the international community in the era of globalisation.

In particular, the course will focus on the following topics: structural features and historical development of the international legal system; legal subjects: States and non-state actors, the international personality of international organisations; sources of international law: custom, general principles, treaties, binding acts of international organisations; the relationship between international law and municipal law; settlement of international disputes: diplomatic and judicial means, the International Court of Justice; international wrongful acts and the law of international responsibility; the use of force in international relations; individuals and international law: diplomatic protection, international protection of human rights, international crimes. Overview of some relevant substantive rules: immunities of States and their organs, the law of the sea, international protection of the environment.

 

Course Schedule

Week 1. Introduction to the international legal system and its three basic legal functions: law-making, law-determination and law-enforcement. 

Weeks 2-4. Sources of international law: general international law (customary international law; general principles); codification of international law; treaties ( treaty-making; reservations; interpretation; application ratione temporis, ratione loci and ratione personae; invalidity; termination); other sources or quasi-sources (binding acts of international organisations; soft law).

Week 5. Relationship between international law and national law.

Weeks 6-7. Subjects of international law: States; allocation of State jurisdiction (territorial sovereignty, including succession of States; law of the sea); limits to territorial sovereignty (State immunity from jurisdiction; protection of the environment); international organisations; self-determination of peoples; insurrectional movements; individuals (diplomatic protection; international protection of human rights; international crimes). 

Week 8.  Settlement of international disputes: diplomatic and judicial means; the International Court of Justice (composition, jurisdiction, procedure, provisional measures of protection; judgments; enforcement of judgments; advisory opinions).

Weeks 9-10. State responsibility: the international wrongful act (subjective and objective elements); consequences of an international wrongful act; countermeasures; injured States and the invocation of State responsibility; "ordinary" and "aggravated" State responsibility. 

Week 11.The use of force in international relations; Chapter VII of the UN Charter and the system of collective security; self-defence.

Week 12. Class presentations.

 

Teaching Methods

The course includes lectures and class discussions on case studies. Legal materials (treaties, resolutions, official statements, decisions of international courts, etc.) and suggestions for supplementary readings will be available on the e-learning page of the Course.

Students are required to register on the e-learning page of the course: https://elearning.uniroma1.it/.

 

Attendance

Attendance is not compulsory, but students are expected to attend lectures and to contribute to class discussions by reading the relevant materials.

 

Textbooks

The textbook is Attila TANZI, A Concise Introduction to International Law, Third Edition, Eleven International Publishing and Giappichelli 2025.

 

Further resources can be found on the e-learning page of the course.

 

Links to Useful Materials

Students are encouraged to consult the International Court of Justice website (www.icj-cij.org) for full texts of ICJ judgments and advisory opinions, and the United Nations website (www.un.org/documents) for official UN documents.

 

Requirements

There are no compulsory prior exams to take. However, a basic knowledge of public and private law is recommended.

 

Methods of Assessment

The exam consists of a written examination. Students are required to answer two or three questions in approximately one hour or one and a half hours. The questions are open-ended.

 

Students having passed the written exam can ask for an optional oral exam.

The questions in the written exam differ for students who have attended the course and those who have not.  To take the exam as an attending-student, an attendance rate equal to or higher than 70% must be reported.