84520 - Public International Law

Learning outcomes

The course gives an overview of the current structure of the international community and the international legal system, dedicating a particular attention to some specific issues as the norms regulating the use of force. At the end of the course, the student is expected to have the basic knowledge and tools to analyse the most significant events which occur within the international community from the legal point of view.

Course contents

The course is organized in lectures and seminars, as detailed in the following program. Lectures (32 hours) aim to introduce students to the core tenets of the discipline. Seminars (14 hours) aim to provide occasions for in-depth discussions of class materials and exercises. For the seminar section of the course, students will be divided in 3 groups. Students will attend a total of 46 hours of classes.

A) First Part (Lecture-style - 32 hours)

The first part of the course will address the following key basic aspects of Public International Law:

1. Historical evolution and current features of the international community from a legal perspective;

2. The subjects of the international legal system;

3. The sources: customary law, treaties, principles and other sources;

4. Jus cogens and relationships between sources of international law;

5. The application of international norms within a country;

6. The law of State responsibility.

B) Second Part (Seminar-style - 14 hours)

The second part of the course will cover the law on the use of force (jus ad bellum) and humanitarian law (jus in bello).

1. The prohibition of the threat or use of force: historical roots and scope of the prohibition;

2. Individual and collective self-defense;

3. Preventive and anticipatory self-defense;

4. The UN collective security system;

5. Humanitarian intervention;

6. The use of force against non-state actors;

7. IHL: introduction and key concepts.

SPECIFIC INFORMATION FOR BAES STUDENTS

BAES students are reminded that:

- the Public International Law course is offered only at the Forlì campus;

- the BAES study plan awards 12 ETCS for the Public International Law course.

In order to reach 12 ECTS, BAES students should:

- attend all lectures and carry out three mid-term assessments, plus the final oral exam, as every other student enrolled in the PIL course;

and

- write a paper (max 4,000 words) on a topic agreed with the Professors.

Further information will be provided in class at the beginning of the course.

 

Readings/Bibliography

A) First part of the course

• Handbook:

One of the following handbooks:

1. International law, Jan Klabbers, CUP, 2021

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.

• 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 – Unibo’s virtual learning space – before the start of the teaching term.

Students particularly interested in this area of law may decide to buy an International Law Documents collection.

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.

C) Additional recommended readings and online resources:

Students eager to deal with challenging public international law issues may decide to read:

- An Introduction to International Organizations Law, J. Klabbers, CUP, 2022;

- Cyber Operations and International Law, F. Delerue, CUP, 2021;

- International Humanitarian Law, E. Crawford and A. Pert, CUP, 2018;

- The Oxford Handbook of International Refugee Law, edited by C. Costello, M. Foster, J. McAdam, 2021.

Other specific suggestions will be given at the start of the teaching term upon request.

Regular access to the following free online resources are highly recommended to students that aim at being familiar with recent international law-based analyses:

- https://legal.un.org/avl/ls/internationallaw.html

- https://legal.un.org/ilc/

- https://www.icj-cij.org/en

- https://www.ejiltalk.org

- https://www.cambridge.org/core/journals/american-journal-of-international-law/ajil-unbound

- www.sidiblog.org

Further readings will be suggested in class and/or uploaded onto Virtuale.

Teaching methods

In the first part of the course (32 hours) the class format will be based on in-class lectures, case analysis and discussion of selected issues.

In the second part of the course (14 hours), the class format will be seminar style with the expectation of active class involvement and participation. Students will be required to complete readings and assignments before the class.

Assessment methods

The assessment of the course consists of three mid-term written tests (two for the first part of the course – see A and B below; one for the second part of the course, see C below), plus a final oral assessment.

A) First part of the course (two tests, each one counting for 33% of the final score)

The first and second test will consist 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 (counting for the 34% of the final score)

The third test will consist of a mock case and will be awarded up to 30 points.

C) Final examination and other general rules, including for non-attending students

The final oral examination aims at assessing students' general preparation. In order to get a final positive mark, each of the three mid-term tests should be successful (i.e. awarded with 18 or more). The final mark will be given by the average of all marks obtained, i.e. three mid-term tests + final oral examination.

Students who have succeeded at least in one of the three mid-term tests can be evaluated directly at the final oral examination. During the final examination, students have the possibility to be orally re-assessed in relation to one or two mid-terms tests if they have not reached the minimum mark to pass the test(s).

Non-attending students and students that do not have passed any mid-term tests cannot be directly assessed at the final oral examination. They will need to pass a preliminary written test. This test is made up of 15 multiple-choice questions and will be held on the same day of the final oral examination. In order to be admitted to the oral examination and evaluated on the entire programme, these students have to provide a minimum of 11 correct answers.

According to the rules established by the University, during the spring exam session (June-July 2024) students can choose only one out of the three scheduled dates for final examination. If, at the oral examination, a student does not reach the minimum mark or does not accept the final grade, s/he/they can try again in September 2024 (one available date only).

Teaching tools

PPT presentations, Virtuale. EOL might be used for mid-term exams.

Office hours

See the website of Francesca Ragno

See the website of Carmelo Danisi

See the website of