INTERNATIONAL LAW

This course is part of the bachelor degree programme in Economics, Markets and Finance. It aims at providing a basic knowledge of Public International Law.

1. Knowledge and ability to understand the basics of Public International Law;
2. Knowledge and ability to solve the main problems of Public International Law;
3. Ability to understand a normative text and ability to develop an opinion on topics debated during the course;
4. Ability to write reports concerning cases seemingly discussed before the International Court of Justice;
5. Ability to find and read the normative sources and case-law even through the main websites.

Mandatory priority Exams: ET4005 EUROPEAN PUBLIC LAW (see https://www.unive.it/pag/21218/ )
A basic knowledge of Private Law would be appropriate.

1. INTRODUCTION. Creation, Ascertainment and Enforcement of International Norms. History of International Law. Public International Law and Private International Law.
2. SOURCES. Article 38 of the Statute of the International Court of Justice. Custom. Ius Cogens.
3. SOURCES. General Principles of Law Recognised by Civilised Nations. General Principles of International Law. Codification of General International Law.
4. SOURCES. Conclusion of Treaties. Treaties and Third States.
5. SOURCES. Reservations to Treaties. Interpretation of Treaties.
6. SOURCES. Inconsistency between Treaty Rules. Succession of States in Respect of Treaties.
7. SOURCES. Invalidity, Suspension and Termination of Treaties. Legally Binding Acts of International Organisations. Soft Law.
8. SOURCES. Intra-State Application of International Law. Rank of International Norms in Domestic Orders. Non Self-Executing Norms.
9. ACTORS. State. Insurgents. Self-Determination of Peoples.
10. ACTORS. International Organisations. Holy See. Order of Malta. The Individual in International Law.
11. INTERNATIONAL RESPONSIBILITY. Subjective Element. Objective Element.
12. INTERNATIONAL RESPONSIBILITY. Consequences. Implementation.
13. DISPUTE SETTLEMENT. Diplomacy. Arbitration and International Adjudication.
14. DISPUTE SETTLEMENT. The International Court of Justice. The Proliferation of International Courts and Tribunals. Quasi-Jurisdictional Organs.
15. USE OF FORCE. Prohibition of the Use of Force and the UN Collective Security System.

Compulsory Handbook: J. KLABBERS, International Law, 3rd Ed., Cambridge University Press, 2020.
Additional Handbook (in Italian; a French version is also available): D. CARREAU, F. MARRELLA, Diritto internazionale, Giuffrè, 2018.

Students have to carefully read the following fundamental documents:
• 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.

It is highly recommended to keep in mind the provisions of the Italian Constitution that are relevant to Public International Law.

Written exam (oral examination is optional). The exam will be a 30-multiple-choice-question test. Those students who want can sit an optional supplementary oral examination.

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

English

Students can contact the teacher via e-mail (patricio.barbirotto@unive.it). Office hours will be held on Zoom, every Monday 14:00 to 15:00, and students shall make an appointment via e-mail. E-mail shall be written in a formal style, shall be very clear and shall not concern questions whose answers are easily found on the university websites and that therefore do not deserve any reply.
Students with disabilities may contact the Disability and Accessibility Offices (disabilita@unive.it) to benefit from specific services (i.e., alternate testing, readers, etc)..

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