B5882 - PUBLIC INTERNATIONAL LAW

Learning outcomes

The course aims at providing students with the analytical tools necessary to understand the institutional structure of the international legal system, specifically addressing some of the most recent developments. During the course the student will learn key elements of the historical evolution and current features of the international legal system; main features of the subjects of the international legal system. They will be able to identify main sources as customary law and treaties. Finally, they will learn to analyse the application of international norms within a country. It also provides specific knowledge by integrating key issues, like the norms and questions protecting human rights, in the discussion of general international law topics and by planning dedicated classes, as in the case of norms regulating the use of force.

Course contents

A) First Part – Lecture-style (40 hours)

The first part of the course examines the foundational elements of Public International Law and the structure of the international legal system. It covers:

1. International law as law and as a system;
2. Historical evolution and current features of the international community from a legal perspective;
3. The subjects of international law;
4. The sources of international law: customary international law, treaties, general principles of law, and other normative processes;
5. Jus cogens and the relationships between sources of international law;
6. The application of international law and the relationship between international and domestic legal systems;
7. The law of State responsibility and the legal consequences of internationally wrongful acts;
8. Countermeasures;
9. The role of courts in in upholding and strengthening the international rule of law.

B) Second Part – Seminar-style (10 hours)

The second part of the course, organised in a seminar format, focuses on the rules governing the he lawfulness of the recourse to force in international relations (jus ad bellum). It addresses:

1. The prohibition of the threat or use of force: historical development, scope, and the UN collective security system;
2. Individual and collective self-defence under Article 51 of the UN Charter;
3. Preventive and anticipatory self-defence;
4. Humanitarian intervention;
5. The use of force against non-State actors.

Readings/Bibliography

Attending students

A) First part of the course

One of the following handbooks:

1. International law, Jan Klabbers, CUP, 2023

2. International Law, Malcolm N. Shaw, CUP, 2021

Selected chapters for each handbook will be communicated in class at the start of the teaching term. Please note that some copies of listed handbooks are available for consultation at the Ruffilli Library of the Forli’ campus.

Other materials and relevant cases will be provided during the course. Assignments for classes will be posted on a weekly basis.

B) Second part of the course

Handbook: The Use of Force and International Law, Christian Henderson, CUP, 2023.

Other materials and relevant cases will be provided during the course. Assignments for classes will be posted on a weekly basis.

Documents:

The following documents should be consulted regularly during the teaching term: the UN Charter, the Vienna Convention on the Law of Treaties, the Italian Constitution, the ILC’s Drafts Articles on International Responsibility.

A copy of each document will be available for downloading on Virtuale before the start of the teaching term.

Non-attending students

Non-attending students are expected to prepare on one of the following handbooks (depending on their preferences):

1. International Law, Jan Klabbers, CUP, 2023

2. International Law, Malcolm N. Shaw, CUP, 2021

3. A concise introduction to International Law, Attila Tanzi, Giappichelli, 2022

Teaching methods

he course is structured into two main components: lectures and seminars.

The first part (40 hours) consists of in-class lectures, case-law analysis, and guided discussions on selected topics. This component is designed to provide students with a solid understanding of the fundamental principles and structure of Public International Law, while progressively developing their ability to interpret and apply legal materials.

The second part (10 hours) adopts a seminar format and is aimed at fostering active student participation. During this phase, students will engage in presentations and structured discussions on specific issues, with particular attention to the law governing the use of force in international relations.

A Socratic method will be used throughout the course. Students are expected to complete the assigned readings and preparatory work in advance in order to participate actively and effectively in class discussions.

For the seminar section, students will be divided into four groups, one of which will consist exclusively of BAES students.

Overall, the course comprises a total of 50 hours of teaching activities.

Assessment methods

Assessment

Assessment is based on two written mid-term examinations, each covering the material of one of the two parts of the course.

The final grade may be adjusted to reflect students’ in-class participation and active engagement during seminar sessions.

Attending students

Attending students are assessed through two written mid-term tests: the first covering the material of the first part of the course and the second covering the material of the second part of the course

The final grade may be adjusted based on:

• In-class participation
• Active engagement during seminars

A) First Part of the course

The first mid-term test consists of 11 multiple-choice questions and 2 open-ended essay questions. The grade will be calculated according to the formula detailed below: 1) multiple choice questions: 2 points for every correct answer, 0,5 points will be deducted for any wrong/missing answer; 2) open-ended essay questions: max 9 points. Therefore, maximum score is 30 cum laude (31 points awarded in total), minimum score to pass is 18 (18 points awarded in total).

B) Second Part of the course

The second mid-term test consists of a mock case analysis and will be graded on a scale of up to 30 points.

Final grade

Students who are not satisfied with their final grade and students who have failed or missed one of the written mid-term tests may request reassessment.

In the first case, the reassessment will take the form of an oral examination covering all course materials.

In the second case, students will be required to resit the relevant written mid-term test.

All reassessments will take place during the official exam session.

Students who have failed or not taken either of the mid-term examinations will be considered non-attending students for evaluation purposes only

Non-attending students and students who have failed or not taken either of the mid-term examinations

Non-attending students and students who have failed or not taken either of the mid-term examinations will be required to take a comprehensive final oral examination covering the entire course content.

They must first pass a preliminary written test consisting of 15 multiple-choice questions. This test will be held on the same day as the final oral examination. In order to be admitted to the oral examination, students must obtain at least 11 correct answers.

The oral examination will consist of three questions. Each answer will be graded on a 0–10 scale.

The questions will cover:

• the content of one of the textbooks recommended for non-attending students; or
• the materials covered in class (for attending students who did not pass either of the mid-term examinations).

Specific Information for BAES Students

BAES students are reminded that the Public International Law course is delivered at the Forlì Campus and that the BAES study plan awards 12 ECTS credits for the Public International Law course.

In order to obtain the full 12 ECTS credits, BAES students must:

• attend lectures and seminars (absences from seminars must be duly justified);
• sit and pass two mid-term written examinations, namely one at the end of the lecture period and one at the end of the seminar period;
• participate in any additional activities organised during the seminar sessions, which will be communicated at the beginning of the course.

Teaching tools

PPT presentations, weekly Wrap-up on Virtuale.

Office hours

See the website of Francesca Ragno

See the website of Carmelo Danisi