88066 - PUBLIC INTERNATIONAL LAW

Scheda insegnamento

  • Docente Carmelo Danisi

  • Moduli Carmelo Danisi (Modulo 1)
    (Modulo 2)

  • Crediti formativi 10

  • SSD IUS/13

  • Modalità didattica Convenzionale - Lezioni in presenza (Modulo 1)
    Convenzionale - Lezioni in presenza (Modulo 2)

  • Lingua di insegnamento Inglese

  • Materiale didattico

    Insegnamenti online - IOL

SDGs

L'insegnamento contribuisce al perseguimento degli Obiettivi di Sviluppo Sostenibile dell'Agenda 2030 dell'ONU.

Istruzione di qualità Uguaglianza di genere Ridurre le disuguaglianze Pace, giustizia e istituzioni forti

Anno Accademico 2019/2020

Conoscenze e abilità da conseguire

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.

Programma/Contenuti

A) General part

This part aims to provide basic knowledge about the life of the international community from the legal point of view:

1. Historical evolution and current features of the international legal system

2. The subjects of the international legal system.

3. The sources: customary law, treaties, sources issued by specific agreements.

4. The application of international norms within a country.

5. The limitations to the ruling power of countries.

6. The violation of international provisions and its consequences.

7. International disputes settlement.

B) Special part. This part will be dealing with the following issue: The evolution of the prohibition of the use of force.

 

NON-COMPULSORY Experimental Early PIL Session (First Term)

In order to meet some students’ request and partially alleviate their didactic burden, for the academic year 2019/2020 an experimental early PIL session will be offered on a voluntary basis. The session will be organised by using the online platform IOL, for the publication of material and collective discussions with the teacher, with the assistance of the tutor. This early session does not replace in any way the activities scheduled for the Second Term, which will be implemented as expected according to University’s regulations. The participation implies the use of on-line learning tools (see below) and individual study and may involve contacts with the tutor of the module. All details of the early PIL session are provided below.

Registration and Methods

A teaching area for Public International Law in IOL has been activated for the academic year 2019/2020. For five weeks (see timetable below), on Mondays, this area will be populated with slides and material related to a specific topic of Public International Law. All students who intend to be involved in this early session may e-mail the teacher (carmelo.danisi2@unibo.it) and will be registered.

Once registered, students will receive a notification every time the material will be published. Students will be called to consult and/or download the material published, read it carefully and, in case of doubts, reply to the received notification to request specific clarifications. Clarifications will be provide collectively to all by using the message area available in IOL.

During the same weeks, on Thursdays, after the publication of the relevant material, a tutor (dr. Susanna Villani, susanna.villani2@unibo.it) will hold a drop-in session, which will be based on a questions/answers format, for all students who need/would like additional clarifications.

Content

The topic chosen for the early PIL session is the Law of Treaties, which will be explored as follows:

- Week 1 (October 28): Definition of a treaty as a source of international law; the Vienna Convention on the Law of Treaties: general remarks; the conclusion and the entry into force of a treaty.

- Week 2 (November 4): The ratification of a treaty in the Italian legal order and the interpretation of treaties.

- Week 3 (November 18): Reservations and invalidity of treaties.

- Week 4 (November 25): Termination and suspension of the operation of treaties.

- Week 5 (December 2): The Vienna Convention on Succession of States in respect of Treaties.

Material

- Slides published in IOL

- Documents (a copy of each document will be available on IOL on October 28, to be downloaded and printed): Vienna Convention on the Law of Treaties; Vienna Convention on Succession of States in respect of Treaties; Italian Constitution.

- Handbooks (optional – available at the Ruffilli Library of the Forli’ campus): International law (Jan Klabbers), CUP, 2017, ch. 3; alternatively, International law (edited by Malcolm D. Evans), OUP, 2018, ch. 6.

Timetable

The material will be published in IOL for five weeks on the following Mondays: October 28; November 4, 18, 25; December 2.

The tutor’s drop-in sessions will be held during the same weeks on the following Thursdays, 9-10am (room 3.1): October 31; November 7, 21, 28; December 5.

Assessment

At the end of the early PIL session, all participants will have the chance to be assessed on a voluntary basis (date to be announced in IOL on October 28). The assessment will consist of three open questions on the Law of Treaties to be answered in writing in one hour time. Above documents (Conventions and relevant articles of the Italian Constitution) can be consulted during the assessment.

Answers will be evaluated on a scale of 30/30, adopting completeness and coherence as the main criteria. Successful evaluations may be taken into consideration during the Second Term for fulfilling one of the intermediate assessments.

Testi/Bibliografia

Handbooks (optional – copies available for consultation at the Ruffilli Library of the Forli’ campus):

- International law, Jan Klabbers, CUP, 2017;

alternatively,

- International law, edited by Malcolm D. Evans, OUP, 2018;

alternatively,

- Introduction to International Law, Attila Tanzi, forthcoming.

 

On the (prohibition of) the use of force in international law:

- The Use of Force and International Law, Christian Henderson, CUP, 2018 (selected chapters to be indicated at the start of the module)

Metodi didattici

Traditional teaching and analysis of the relevant case law.

Modalità di verifica dell'apprendimento

The assessment of the course is carried out through three written tests, plus a final oral assessment.

The first test is made up of 2 open questions (max. 5 points for each question) plus 40 multiple choice questions (0.5 points for each correct answer). This test aims to assess the capacity to learn basic contents of the course. The second test includes three open questions, each one awarded with 10 points maximum. Both analytical skills and written form of presentation of arguments will be assessed. The third test involves the student in the analysis of a simulated case of violation of international law (awarded with 30 points maximum). This test aims at assessing the students' capacity to identify legal issues arising from the case-study and their ability to provide coherent and logic answers.

The oral examination aims at assessing the students' preparation about the special part on the use of force. In order to get a final mark, each of the above mentioned tests, as well as the oral evaluation, must be evaluated with a positive mark (18/30). The final mark will be the average of the all marks obtained during the mentioned examination. Students who have succeeded at least one of the written tests can pass directly to the oral examination. In this occasion, if needed, they have the possibility to be assessed again on the program related to the failed tests.

Students that do not pass any written test, or do not have any sufficient mark, cannot go directly to the oral examination. They will have to pass a written test dealing with the general part of the course. The written test is made up of 15 multiple choice questions and will be held on the same day of the oral discussion. In order to get the mark and be admitted to the oral exam, students will have to answer correctly at least to 11 questions. For these students, the oral examination will focus on the whole course content, both the general and the special part.

During the summer exam session (June-July) students can choose only one exam date out of the three provided. If they fail the exam or do not accept the mark, they can try again in September (one exam date). Otherwise, they will have to wait until the following summer exam session. Two exam dates are scheduled in the January-February session (for students who are enrolled from more than 3 years). The interested students must choose just one between these two exam date.


Strumenti a supporto della didattica

IOL, frontal lectures, seminars. Additional teaching tools will be indicated during the course.

Orario di ricevimento

Consulta il sito web di Carmelo Danisi

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