INTERNATIONAL LAW

This course is part of the Bachelor’s Degree Programme in Economics, Markets and Finance and aims to provide students with a basic knowledge of Public International Law.

At the end of the course, students will be able to:

1. demonstrate knowledge and understanding of the basic features of Public International Law;
2. apply their knowledge and understanding to the main issues of Public International Law;
3. independently understand legal texts and develop their own views on the topics and issues discussed during the course, identifying possible solutions to the problems examined;
4. use appropriate technical and argumentative skills to prepare reports concerning cases that may be brought before the International Court of Justice or other international dispute settlement bodies;
5. find and consult legal sources, relevant practice and case law, including through the main online resources.

Mandatory prerequisite: ET4005 EUROPEAN PUBLIC LAW. For further information on prerequisites, see the dedicated webpage: https://www.unive.it/web/en/4624/exams .

A basic knowledge of Private Law is also recommended.

1. Introduction. Creation, Ascertainment and Enforcement of International Norms. The Historical Evolution of the International Community.
2. Subjects of International Law: the State; Insurgents; National Liberation Movements.
3. Other Subjects of International Law: International Organisations, The Individual in International Law.
4. The Relationship and Dynamics between Sources of International Law. Article 38 of the Statute of the International Court of Justice. International Custom. Ius Cogens.
5. General Principles of Law Recognised by Civilised Nations. General Principles of International Law. Codification of General International Law.
6. Conclusion of Treaties.
7. Reservations to Treaties. Interpretation of Treaties.
8. Treaties and Third States. Inconsistency between Treaty Rules. Succession of States in Respect of Treaties.
9. Invalidity, Suspension and Termination of Treaties. Legally Binding Acts of International Organisations. Soft Law.
10. Intra-State Application of International Law. Rank of International Norms in Domestic Orders.
11. International Responsibility of States.
12. International Responsibility of International Organisations. International Responsibility of Individuals.
13. International Adjudication in Inter-State Disputes.
14. International Adjudication in Individual-State Disputes. Diplomacy.
15. Prohibition of the Use of Force and the UN Collective Security System.

For the preparation of the exam, students may choose one of the following textbooks:

J. KLABBERS, International Law, Cambridge University Press, latest edition;
P. GAETA, J. E. VIÑUALES, S. ZAPPALÀ, Cassese’s International Law, Oxford University Press, latest edition.

For further explanation and additional reading, students may also consult:

D. CARREAU, F. MARRELLA, Diritto internazionale, Giuffrè, latest edition (also available in French).

Students are also required to carefully read the following fundamental international legal instruments:

Vienna Convention on the Law of Treaties;
Draft Articles on Responsibility of States for Internationally Wrongful Acts;
Charter of the United Nations;
Statute of the International Court of Justice.

Students are also advised to consider the provisions of the Italian Constitution that are relevant to Public International Law.

The assessment consists of a written exam comprising 20 multiple-choice questions and two open-ended questions.

The exam is aimed at assessing students’ knowledge and understanding of the main concepts and rules of International Law.

The open-ended questions are also aimed at assessing students’ ability to engage in legal reasoning, establish connections between the topics covered and apply the knowledge acquired to specific legal issues, as well as their appropriate use of legal terminology.

written

The instructor is responsible for ensuring the authenticity and originality of all examinations and coursework. In cases of suspected academic misconduct, an additional on-site assessment may be required during the exams, which may differ from the standard format.

Scores in the range of 18-22 will be awarded for:

sufficient knowledge and understanding of the topics covered by the syllabus;
limited ability to apply the acquired knowledge and establish connections between different legal concepts;
sufficient legal reasoning skills and use of legal terminology.

Scores in the range of 23-26 will be awarded for:

fair knowledge and understanding of the topics covered by the syllabus;
fair ability to apply the acquired knowledge and establish connections between different legal concepts;
fair legal reasoning skills and use of legal terminology.

Scores in the range of 27-30 will be awarded for:

good or excellent knowledge and understanding of the topics covered by the syllabus;
good or excellent ability to apply the acquired knowledge and establish connections between different legal concepts;
good or excellent legal reasoning skills and use of legal terminology.

Honours will be awarded for excellent knowledge and understanding of the topics covered by the syllabus, an excellent ability to apply the acquired knowledge, establish connections between different legal concepts and develop independent legal reasoning, as well as full command of appropriate legal terminology.

Lectures, analysis of texts and reading of judgments.
The whole programme will be delivered in class.
Students will be stimulated to debate.

Accessibility, Disability and Inclusion.

Students with disabilities may contact the Disability and Accessibility Office (disabilita@unive.it) to benefit from the available support services (e.g. alternative examination arrangements, readers, etc.).

This subject deals with topics related to the macro-area "International cooperation" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development