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 or other dispute settlement bodies;
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. 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, Holy See, Order of Malta. 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.

Compulsory Handbook: P. GAETA, J. E. VIÑUALES, S. ZAPPALÀ, Cassese’s International Law, 3rd Ed., Oxford University Press, 2020.
Additional Handbook (in Italian; a French version is also available): D. CARREAU, F. MARRELLA, Diritto internazionale, 4th Ed., Giuffrè, 2023.

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.

Oral exam.

The exam lasts about twenty minutes and is aimed at ascertaining the knowledge acquired and the capacity for legal reasoning and connection between the topics addressed, as well as the acquisition of adequate legal language. The student will be asked three questions, in order to evaluate the knowledge of the various parts of the program. In order to pass the exam, a sufficient mark in the answer to each of the three questions is required.

Regarding the grading scale for the oral exam:

A. Scores in the range of 18-22 will be assigned for:

- Sufficient knowledge of the textbooks and related topics
- Limited ability to use data and form independent judgments
- Sufficient communication skills.

B. Scores in the range of 23-26 will be assigned for:

- Fair knowledge of the textbooks and related topics
- Fair ability to use data and form independent judgments
- Fair communication skills.

C. Scores in the range of 27-30 will be assigned for:

- Good or excellent knowledge of the textbooks and related topics
- Good or excellent ability to use data and form independent judgments
- Fully appropriate communication skills.

D. The “distinction” will be awarded to students with excellent knowledge and comprehension of the textbooks and related topics.

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

English

Accessibility, Disability and Inclusion.

Students with disabilities may contact the Disability and Accessibility Offices (disabilita@unive.it) to benefit from specific services (e.g., alternate testing, readers, etc).

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