88066 - PUBLIC INTERNATIONAL LAW

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.

Contenuti

A) First Module

The first module 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.

B) Second Module (held by Visiting Professor, Prof. Patrycja Grzebyk)

The second module deals with the following sub-branches of PIL:

1. Diplomatic and Consular Law (2H).

2. Use of force (4H).

3. International Humanitarian Law (4H).

4. Responsibility of Individuals (4H).

5. Responsibility of States and International Organisations (4H).

6. Settlement of Disputes (2H).

Testi/Bibliografia

A) First module

The following material can be used for the assessment of the module:

• Slides to be published on the IOL platform;

• Documents (a copy of each document will be available on the IOL before the start of the course, to be downloaded and printed): the UN Charter; the Drafts Articles on International Responsibility; the Vienna Convention on the Law of Treaties; the Vienna Convention on Succession of States in respect of Treaties; the Italian Constitution;

• Handbooks (selected chapters only, to be communicated in class – some copies are 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.

 

B) Second module (Visiting Professor)

Students are free to use any of the PIL handbooks in order to prepare or to refresh their knowledge after the lecture.

Below there are propositions of handbooks in alphabetical order:

David Armstrong, Routledge Handbook of International Law

James Crawford, Brownlie’s Principles of International Law

James Crawford, Chance, Order, Change: The Course of International Law, General Course on Public International Law

Malcolm N. Evans, International Law

Conway H. Henderson, Understanding International Law

Jan Klabbers, International Law

Peter Malanczuk, Akehurst’s Modern Introduction to International Law

Malcolm N. Shaw, International Law

Students who would like to deepen their knowledge about PIL or to be familiar with recent analyses concerning PIL are encouraged to visit the following webs:

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

https://www.ejiltalk.org

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

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

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

In addition to each of the topics discussed with Prof. Grzebyk, you will find additional recommendations concerning literature, films etc. below (in detailed description part). The most important ones are the treaties indicated in reference to particular topic. As we try to comment current events, during the course additional materials can be provided to students.

Detailed description:

1. Diplomatic and Consular Law

Treaty Law:

- Vienna Convention on Diplomatic Relations (1961)

- Vienna Convention on Consular Relations (1963)

- New York Convention on Special Missions (1969)

- Vienna Convention on the Representation of States in Their Relations with International Organizations of a Universal Character (1975)

Main terms: diplomatic mission, consular mission, special mission, precedence, diplomatic and technical personnel, immunity, privilege, corps diplomatique, persona non grata, honorary consul

Film recommendations:

- Argo https://www.imdb.com/title/tt1024648/?ref_=nv_sr_srsg_0

- 13 Hours: The Secret Soldiers of Benghazi https://www.imdb.com/title/tt4172430/?ref_=nv_sr_srsg_0

2. Use of Force

Treaty Law:

- UN Charter – ch. VII

- Rome Statute – article 8bis and 15 bis and ter

Main terms: aggression, armed attack, self-defence, terrorist attack, target killing, assassination

Film recommendation:

- Charlie’s Wilson’s War https://www.imdb.com/title/tt0472062/?ref_=nv_sr_srsg_0

- Thirteen Days https://www.imdb.com/title/tt0146309/?ref_=nv_sr_srsg_0

- Eye in the Skye https://www.imdb.com/title/tt2057392/?ref_=fn_al_tt_1

- Munich https://www.imdb.com/title/tt0408306/?ref_=nv_sr_srsg_0

3. International Humanitarian Law

Treaty Law:

- Geneva Conventions on Protection of War Victims (1949) (especially art. 1-3)

- Additional Protocols (1977)

Main terms: civilian, combatant, prisoner of war, civilian object, military objective, principles of humanity, of distinction, of proportionality, of military necessity, precautions, prohibited weapons, protective emblem

For those specially interested: International Humanitarian Law: A Comprehensive Introduction, https://www.icrc.org/en/publication/4231-international-humanitarian-law-comprehensive-introduction

Film recommendation:

- American Sniper https://www.imdb.com/title/tt2179136/?ref_=fn_al_tt_1

- No man’s land https://www.imdb.com/title/tt0283509/?ref_=nv_sr_srsg_0

- Zero Dark Thirty https://www.imdb.com/title/tt1790885/?ref_=nv_sr_srsg_0

- TV series: Fauda https://www.imdb.com/title/tt4565380/?ref_=nv_sr_srsg_0

4. Responsibility of Individuals

Treaty Law:

- IMT Charter (1945)

- Convention on Prevention and Punishment of the Crime of Genocide (1948)

- Rome Statute (1998) (art. 1-50)

Main terms: genocide, crime against humanity, war crimes, crime of aggression, piracy, terrorism, defences, superior responsibility, JCE, ICC, ICTY, ICTR, hybrid tribunal

Film recommendation:

- A War/Krigen https://www.imdb.com/title/tt3830162/?ref_=fn_al_tt_1

- Schindler’s List https://www.imdb.com/title/tt0108052/?ref_=nv_sr_1

- TV series: Tokyo Trial https://www.imdb.com/title/tt4040530/?ref_=nv_sr_srsg_0

- The Court https://www.imdb.com/title/tt2819570/

- Watchers of the Sky https://www.imdb.com/title/tt2049589/?ref_=nv_sr_srsg_0

- And to laugh and relaxJ The Hitman’s Bodyguard

https://www.imdb.com/title/tt1959563/?ref_=nv_sr_srsg_3

5. Responsibility of States and International Organizations

Law:

- Articles on Responsibility of States for Internationally Wrongful Acts (2001)

- Articles on Responsibility of IO’s for Internationally Wrongful Acts (2011)

- Convention on privileges and immunities of the UN (1946)

- Convention on privileges and immunities of the specialized agencies (1947)

- Convention on the Safety of United Nations and Associated Personnel (1994)

Main terms: internationally wrongful act, international crime, agent, countermeasure, reprisal, retorsion, reparation, privilege, immunity

Film recommendation:

- The Whistleblower https://www.imdb.com/title/tt0896872/?ref_=nv_sr_srsg_0

- The Interpreter https://www.imdb.com/title/tt0373926/?ref_=nv_sr_srsg_0

- Sergio https://www.imdb.com/title/tt8750570/?ref_=nv_sr_srsg_3

6. Settlement of Disputes

Treaty Law:

- UN Charter – ch. VI

- ICJ Statute (1945)

- ICJ – Rules of Court (1978)

- Convention on Human Rights and Fundamental Freedoms (1950) – interstate claim

Main terms: pacific settlement of disputes, negotiations, fact-finding, mediation, enquiry, conciliation, judicial settlement, arbitration, ICJ, PCIJ, PCA, ECtHR (and other regional courts).

 

C) For particularly interested students, additional recommended readings are:

- State Responsibility, James Crawford, in Max Planck Encyclopedia of Public International Law, edited by R. Wolfrum 2006;

- International Humanitarian Law, Emily Crawford and Alison Pert, CUP, 2018;

- The Use of Force and International Law, Christian Henderson, CUP, 2018;

- An Introduction to International Organizations Law, Jan Klabbers, 2015;

- Introduction to International Law, Attila Tanzi, 2019.

Further readings will be suggested in class and/or uploaded onto the IOL platform.

Metodi didattici

Both modules will be taught online, via the TEAMS platform, and will consist of traditional teaching and analysis of the relevant case law.

Modalità di verifica e valutazione dell'apprendimento

The assessment of the course is carried out through three written tests, plus a final oral assessment. All tests will be held remotely, via EOL.

 

A) First module (two tests, each one counting for 30% of the final score)

The first test is made up of 33 multiple choice questions (max. 1 point for each question) on the topic covered under items 1 and 2 of the first module's programme (see above). The second test includes three open questions to be answered in a short, logical and complete way. Each answer will be awarded with 10 points maximum. Both analytical skills and written form of presentation of arguments will be assessed. The second test will cover items 3 and 4 of the first module's programme.

 

B) Second module (counting for the 40% of the final score)

The third test will be agreed with the Visiting Professor. It will consist on a combination of test, short essay, small cases to be solved (there will be no room to be bored). The module score will contribute to define the final score of the entire course (40%).

 

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

The final oral examination aims at assessing students' general preparation and at discussing with them the average grade achieved in the three tests. 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 (minimum 18 on a scale of 30). The final mark will be given by the average of all marks obtained. Students who have succeeded at least in one of the written tests can pass directly to the oral examination. In this occasion, if needed, they have the possibility to be re-assessed again on the program related to the failed tests or if they wish to improve one of the grades achieved in class.

Non-attending students and students that do not have any sufficient marks cannot join directly the final oral evaluation. They have to pass a written test on the topics of the course. The written test is made up of 15 multiple choice questions and will be held on the same day of the final oral discussion. In order to get the mark and be admitted to the oral exam, students have to answer correctly at least to 11 questions. Once passed this preliminary test, these students wll be assessed orally on the entire programme.

According to the rules established by the University, during the winter exam session (Jan-Feb) students can choose only one exam date out of the three scheduled dates. If a student fails the exam or does not accept the given grade, s/he can try again in September (one exam date).

Strumenti a supporto della didattica

IOL and Teams for online lectures. EOL for exams. Additional teaching tools will be indicated during the course.

Orario di ricevimento

Consulta il sito web di Carmelo Danisi

Consulta il sito web di Patrycja Karolina Grzebyk