International Law

Giurisprudenza International Law

0160100036
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2022/2023

OBBLIGATORIO
YEAR OF COURSE 2
YEAR OF DIDACTIC SYSTEM 2012
AUTUMN SEMESTER
CFUHOURSACTIVITY
981LESSONS


ExamDate
DIRITTO INTERNAZIONALE21/04/2023 - 14:30
DIRITTO INTERNAZIONALE21/04/2023 - 14:30
Objectives
THIS COURSE AIMS AT ALLOWING STUDENTS TO ACQUIRE KNOWLEDGE AND BASIC UNDERSTANDING OF THE INSTITUTIONAL ASPECTS AND OF THE STRUCTURE OF THE INTERNATIONAL LEGAL ORDER AND COMMUNITY, AS WELL AS OF THE MAIN REGIMES OF SUBSTANTIVE LAW, EXPLAINING THEIR ORIGINS, EVOLUTION AND THE MOST RECENT NORMATIVE, INSTITUTIONAL AND JURISPRUDENTIAL DEVELOPMENTS.

KNOWLEDGE AND UNDERSTANDING

THIS COURSE INTENDS TO PROVIDE STUDENTS WITH THOSE CONCEPTUAL AND METHODOLOGICAL TOOLS NECESSARY TO CORRECTLY INTERPRET AND APPLY INTERNATIONAL LAW IN THE EXERCISE OF LEGAL PROFESSIONS AND OF ANY OTHER PROFESSIONAL ACTIVITY IN ITALY AND ABROAD.

ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING

THE COURSE AIMS AT ACHIEVING THE FOLLOWING LEARNING OUTCOMES AND APPLICATIVE CAPABILITIES: GENERAL KNOWLEDGE OF THE INTERNATIONAL LEGAL ORDER AND OF THE SUBJECTS/ACTORS OF THE INTERNATIONAL COMMUNITY; ABILITY TO EXAMINE, WITH FULL AWARENESS, THE LEGAL PROBLEMS ARISING IN THE CONTEXT OF INTERNATIONAL RELATIONS AND THE SOLUTIONS PROVIDED BY INTERNATIONAL LAW; ACQUISITION OF ANALYTICAL SKILLS NECESSARY TO RESOLVE COMPLEX PROBLEMS OF INTERNATIONAL LAW ARISING IN NATIONAL AND INTERNATIONAL WORK CONTEXTS.
Prerequisites
HAVING PASSED THE EXAMINATION OF CONSTITUTIONAL LAW.
Contents
GENERAL PART

AS FAR AS THE GENERAL PART IS CONCERNED, THE TEACHING ACTIVITY DEALS WITH PUBLIC INTERNATIONAL LAW, THAT IS TO SAY THE LAW (OR LEGAL ORDER) OF THE COMMUNITY OF STATES.
FIRST, THE TEACHING ACTIVITY FOCUSES ON THE STRUCTURE OF THE INTERNATIONAL COMMUNITY AND ON THE FORMATION OF INTERNATIONAL NORMS, IN PARTICULAR, GENERAL INTERNATIONAL LAW NORMS, INTERNATIONAL TREATY LAW NORMS AND SOURCES PROVIDED FOR BY TREATIES, HAVING ALSO REGARD TO THE PHENOMENON OF INTERNATIONAL ORGANIZATIONS (UNITED NATIONS, UNITED NATIONS SPECIALIZED AGENCIES, EUROPEAN UNION, COUNCIL OF EUROPE AND OTHER INTERNATIONAL ORGANIZATIONS) (16 HOURS)
SECOND, THE TEACHING ACTIVITY ANALYZES THE CONTENT OF INTERNATIONAL NORMS, EXAMINING, IN PARTICULAR, THE NORM ON STATE SOVEREIGNTY AND THE LIMITS TO ITS APPLICATION (PUNISHMENT OF INTERNATIONAL CRIMES, ENVIRONMENTAL PROTECTION, TREATMENT OF FOREIGNERS, TREATMENT OF DIPLOMATIC AGENTS AND OTHER ORGANS OF FOREIGN STATES, TREATMENT OF INTERNATIONAL ORGANIZATIONS), AS WELL AS INTERNATIONAL MARITIME LAW, AIRSPACES, COSMIC SPACES AND POLAR REGIONS (15 HOURS)
THIRD, THE TEACHING ACTIVITY AIMS AT EXAMINING THE APPLICATION OF INTERNATIONAL NORMS WITHIN NATIONAL LEGAL SYSTEMS, THROUGH THE STUDY OF THE ADAPTATION OF NATIONAL LAW TO CUSTOMARY INTERNATIONAL LAW, TREATIES, SOURCES PROVIDED FOR BY TREATIES AS WELL AS EUROPEAN UNION LAW (11 HOURS).
THE TEACHING ACTIVITY ALSO DEALS WITH THE VIOLATION OF INTERNATIONAL LAW AND ITS CONSEQUENCES, ANALYZING VARIOUS TOPICS, SUCH AS: THE INTERNATIONALLY WRONGFUL ACT AND ITS CONSTITUTIVE ELEMENTS, THE CONSEQUENCES AND THE FORMS OF REPARATION FOR THE WRONGFUL ACT, THE SELF-DEFENSE IN INTERNATIONAL LAW, THE PROHIBITION OF THE USE OF FORCE AND THE UNITED NATIONS COLLECTIVE SECURITY SYSTEM (12 HOURS).
FURTHERMORE, THE TEACHING ACTIVITY DEVELOPS THE THEME OF THE ASCERTAINMENT OF INTERNATIONAL NORMS WITHIN THE INTERNATIONAL COMMUNITY, BY EXAMINING, IN PARTICULAR, THE ARBITRATION, THE MAIN INTERNATIONAL TRIBUNALS AND METHODS OF PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES (12 HOURS).


SPECIAL PART

AS FAR AS THE SPECIAL PART IS CONCERNED, THE TEACHING ACTIVITY FOCUSES ON THE STUDY OF ONE OF THE MOST IMPORTANT INSTITUTES OF INTERNATIONAL LAW, THAT IS TO SAY, THE TERRITORIAL SOVEREIGNTY. IN PARTICULAR, THEY ARE ANALYZED THE CURRENT STATE AND THE EVOLUTION OF THE INTERNATIONAL NORM ON STATE SOVEREIGNTY IN THE INTERNATIONAL LEGAL ORDER, AND SPECIFICALLY, ITS CONTENT, NATURE AND SCOPE. IN THIS REGARD, THE TEACHING ACTIVITY TAKES INTO ACCOUNT THE VARIOUS DOCTRINAL ORIENTATIONS THAT OVER THE TIME HAVE ATTEMPTED TO IDENTIFY THE CONSTITUTIVE ELEMENTS OF THE INTERNATIONAL NORM AT ISSUE. IN THIS CONTEXT, PARTICULAR ATTENTION IS GIVEN TO THE EXAMINATION OF THE PRINCIPLE OF PERMANENT SOVEREIGNTY ON NATURAL RESOURCES, THAT REPRESENTS AN ESSENTIAL COMPONENT OF THE NORM ON TERRITORIAL SOVEREIGNTY. THE PERMANENT SOVEREIGNTY OVER NATURAL RESOURCES IS AN IMPORTANT PRINCIPLE OF GENERAL INTERNATIONAL LAW THAT HAS ASSUMED A PARTICULAR RELEVANCE OVER THE YEARS AND CONCERNS A SERIES OF INTERCONNECTED PROFILES, THAT IS TO SAY, THE RIGHT TO STATE SOVEREIGNTY AND RIGHT TO THE ECONOMIC AND SOCIAL DEVELOPMENT OF PEOPLES (15 HOURS).
Teaching Methods
THE TEACHING ACTIVITY CONSISTS OF 81 HOURS LESSONS AND IS STRUCTURED IN THEORETICAL LESSONS ON GENERAL PROFILES OF THE MATTER AS WELL AS IN SEMINARS AND PRACTICAL LESSONS CONCERNING THE EXAMINATION OF JUDICIAL DECISIONS AND PRACTICAL CASES. STUDENTS ARE PROVIDED WITH THE FOLLOWING DOCUMENTATION: PUBLICATIONS, OFFICIAL DOCUMENTS AND NORMATIVE AND JUDICIAL ACTS. THE TEACHING ACTIVITY IS STRUCTURED FOR STUDENTS ATTENDING REGULARLY. STUDENTS WHO CANNOT ATTEND REGULARLY THE LESSONS CAN CONTACT THE PROFESSOR FOR ANY INFORMATION OR INTEGRATIVE EXPLANATION.
Verification of learning
THE METHODS VERIFYING THE STUDENTS LEARNING CONSIST IN THE ASSESSMENT, CARRIED OUT DURING LESSONS, SEMINARS AND PRACTICAL LESSONS, OF THE GENERAL KNOWLEDGE OF THE MATTER. TO THIS END, THROUGH INTERACTIVE AND ASSIDUOUS DEBATES WITH STUDENTS, THEY ARE ESTABLISHED THE DEVELOPMENT AND IMPROVEMENT OF A SERIES OF KNOWLEDGE AND SKILLS: ABILITY TO HAVE AN HISTORICAL AND LEGAL OVERVIEW OF INTERNATIONAL LAW; ABILITY TO UNDERSTAND, INTERPRET AND APPLY THE MAIN PROFILES OF INTERNATIONAL LAW IN THE EXERCISE OF LEGAL PROFESSIONS AND OF ANY OTHER PROFESSIONAL ACTIVITY IN ITALY AND ABROAD; ABILITY TO CRITICALLY INTERPRET COMPLEX DATA AND INFORMATION AND COMPLEMENT THEIR KNOWLEDGE, IN ORDER TO CARRY OUT ASSESSMENTS AND CRITICAL CONSIDERATIONS ABOUT THE PROBLEMATIC ISSUES OF INTERNATIONAL LAW; ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING ACQUIRED; ABILITY TO DEVELOP, DEEPEN AND IMPROVE, IN A CRITICAL AND AUTONOMOUS WAY, THE ACQUIRED SKILLS. THE FINAL EXAMINATION CONSISTS OF AN ORAL EXAMINATION.
THE MINIMUM EVALUATION LEVEL (18) WILL BE ATTRIBUTED TO THE STUDENT DEMONSTRATING A LIMITED AND NOT PARTICULARLY DETAILED KNOWLEDGE, BUT IN ANY CASE SUFFICIENT, OF THE CONTENTS OBJECT OF THE COURSE AND A LIMITED ABILITY TO ANALYZE THE LEGAL PROBLEMS CONCERNING THE COURSE ITSELF. THE MAXIMUM EVALUATION LEVEL (30) WILL BE ATTRIBUTED TO THE STUDENT DEMONSTRATING A COMPREHENSIVE AND PARTICULARLY DETAILED KNOWLEDGE OF THE CONTENTS OBJECT OF THE COURSE AND A SIGNIFICANT CAPACITY TO ANALYZE AND DEEPEN THE LEGAL PROBLEMS CONCERNING THE COURSE ITSELF. THE HONOURS (“LODE”) WILL BE ASSIGNED TO THE STUDENT DEMONSTRATING AN EXCEPTIONAL KNOWLEDGE OF THE CONTENTS OF THE COURSE, A CONSIDERABLE DEGREE OF EXAMINATION OF THE MATTERS OBJECT OF THE COURSE, A HIGHLY CRITICAL ABILITY OF THE INSTITUTES OF INTERNATIONAL LAW, AND A REMARKABLE CAPACITY TO CONNECT THESE INSTITUTES.
Texts
GENERAL PART

BENEDETTO CONFORTI, MASSIMO IOVANE, DIRITTO INTERNAZIONALE, XII EDIZIONE, EDITORIALE SCIENTIFICA, NAPOLI, 2021


SPECIAL PART

MICHELE NINO, LAND GRABBING E SOVRANITÀ TERRITORIALE IN DIRITTO INTERNAZIONALE, EDITORIALE SCIENTIFICA, NAPOLI, 2018 (ONLY CHAPTERS III AND IV - PP. 125-251).


NOTES

FOR ANYONE INTERESTED IN MAKING USE OF A REFERENCE TEXT CONTAINING THE RELEVANT NORMATIVE DOCUMENTS EXAMINED DURING THE TEACHING ACTIVITY, IT IS RECOMMENDED THE USE OF: RICCARDO LUZZATTO, FAUSTO POCAR, FRANCESCA C. VILLATA, CODICE DI DIRITTO INTERNAZIONALE PUBBLICO, OTTAVA EDIZIONE (EIGHT EDITION), GIAPPICHELLI EDITORE, TORINO, 2020.
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Lessons Timetable

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