INTERNATIONAL LAW MOD. 2

The course is among the activities that characterise the Global studies and European Union studies curricula of the Master in Comparative International Relations (corso caratterizzante).
The second module aims at completing the discussion of fundamental topics of public international law in order to acquire a deeper understanding of the development of international law against the backdrop of globalization. In particular, this module will explore: international environmental law, international criminal law, international human rights law.
The module will provide a focus on human rights law, with specific regard to the Inter-American and the European systems of protection of human rights. The part on the European system will be prepared in cooperation with the Council of Europe office of Venice, and will include lectures by experts.

The aim of this course is three-fold:
1) to equip students with legal language necessary to critically discuss global issues;
2) to equip the students with critical legal reasoning skills so that they can apply what they learn in the books in the analysis of current phenomena;
3) to improve the skills acquired in the first module, through the analysis of cases rendered by international and regional courts,
At the end of the module the students:
1) should demonstrate knowledge and understanding of the main legal instruments related to the three fields under analysis, namely environmental law, human rights law and international criminal law;
2) could apply their knowledge and understanding in a manner that indicates a professional approach to their possible work or vocation (internships and work in NGOs, international organisations, agencies, consultants), in particular concerning the mechanisms of protection of human rights;
3) should have the ability to gather and interpret relevant legal instruments (both soft and hard law) of the present situation to elaborate legal reasonings that include reflection on relevant legal and political issues;
4) could communicate information, ideas, problems and solutions to both specialist and non-specialist audiences;
5) should have developed those learning skills that are necessary for them to continue to undertake more advanced courses or further study with a high degree of autonomy.

Module I is necessary and compulsory.

The module will analyse:

- International environmental law: main international legal instruments, new developments such as the right to a healthy environment, climate change litigation and the rights of nature.
- International criminal law: evolution, jurisdiction, international crimes, and the mandate of the ICC.
- International human rights law: evolution, main legal instruments, mechanisms of protection of human rights at the international and regional level, with specific regard to the Inter-American and European systems. A focus will be provided on migration and refugee law.

M. Evans (ed), International Law (Oxford: Oxford University Press, 2018). Module II: chapters 22,24,25,26.

Plus: D. Shelton, Advanced Introduction to International Human Rights Law (Cheltenham: Elgar, 2014). Chapters: 1,3,4,5,6,7.

Students will be asked to study one of the cases uploaded on moodle.

Recommended for those interested in further materials:
Meyer, The International Law on Climate Change, Cambridge University Press, most recent edition.
Marrella, Diritto internazionale, Milano, Giuffré, ult. ed.

Written exam (mod I + mod II): three essay questions, one of which the analysis of a human rights law case. 2 hours and a half time.
With regard to the first module, the exam is aimed at demonstrating knowledge and understanding of international law, of the subjects and sources of international law, of the mechanisms of resolution of disputes, of the prohibition of the use of force, of State responsibility. Concerning the second module, the exam has the purpose to assess knowledge of the fields of application of international law as explored in the course, namely international environmental law, international criminal law and international human rights law.

The questions are formulated on model case studies, which are aimed at verifying the capacity of the student to support an argument and apply what studied in the book to current situations and international crises. Students have to solve model case studies by applying legal instruments and procedures studied during the course.

A mid-term assignment will be scheduled for those that attend the course. The mid-term will modify the final exam, which will be composed, for those who pass it, of two instead of three questions.

Lectures. Interaction in class is encouraged on current issues.
Students attending the course will be provided some additional materials for reflection (judgments, resolutions, legal documents) on which a discussion in class will be based.
It will include the analysis of (real or provided by the professor) case-studies on the resolution of disputes.


In case of health emergency, classes might go online (google meet sessions with Q&A time ensured).

English

Guest lectures of experts of the Council of Europe (in collaboration with the Council of Europe office of Venice) will be organised during the course.


Students that would like to write a thesis in international law can ask further information to the professor after the exam.

written

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