B1932 - Public International Law

Learning outcomes

At the end of the course, students are expected to have the basic knowledge and tools to analyse, from a legal point of view, the most significant events that occur within the international community. They will be able to identify how international rules are generated and when/how they effectively apply within domestic orders. They will get full knowledge of specific set of international rules, such as the law of the treaties and those regulating international conflicts. They will be also able to identify the consequences of violations of international law, both in general and specifically in relation to the use of force for solving international controversies. Finally, thanks also to the continuous reference and analysis of the case law of the International Court of Justice, they will acquire basic elements of dispute resolution between States.

Course contents

By the end of the course, students are expected to have acquired the foundational knowledge and analytical tools necessary to examine key developments in the international community from a legal perspective. They will understand how international legal norms are created and the conditions under which they are applied within domestic legal systems. Students will gain a solid grasp of specific areas of international law, including the law of treaties and the legal framework governing international conflicts. They will also be able to assess the legal consequences of violations of international law, both in general terms and with particular regard to the use of force in international relations. Finally, through continuous engagement with the case law of the International Court of Justice, students will develop a basic understanding of dispute settlement mechanisms between States.

Readings/Bibliography

Attending students

A) First part of the course

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.

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, 2021

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

3. A concise introduction to international law, Attila Tanzi, Giappichelli, 2022

Teaching methods

The course is structured into two main components: lectures and seminars, as outlined below. The first part (30 hours) will consist of in-class lectures, case analyses, and guided discussions on selected topics. The second part (10 hours) will adopt a seminar format, aimed at fostering active student engagement through presentations and interactive discussions.

A Socratic approach will be used throughout, and students are expected to complete readings and assignments in advance to enable meaningful participation.

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

In total, students will attend 40 hours of classes.

Assessment methods

Assessment will be based on two written mid-term exams, each covering the material from one of the two parts of the course. The final grade may be adjusted to reflect students’ in-class participation and their active engagement during the seminar sessions.

Attending students

The assessment of the course is based on two mid-term written tests (respectively dealing with the material covered in the first and in the second part of the course). The final grade obtained can then be adjusted based on the in-class participation and/or on the active engagement that students will be invited to show in the seminar section of the course.

A) First part of the course

The first 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

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

Students that are not satisfied with the final grade obtained and students that have failed or missed one of the written tests can be reassessed in an oral examination. In both cases the oral examination will cover all course materials.

Students that have not passed any mid-term will be considered as non-attending students (for evaluation purposes only).

Non-attending students and students that have not passed any mid-term exam

Non-attending students and students who did not pass either of the mid-term exams

Non-attending students and those who did not pass either of the mid-term exams will be required to take a comprehensive final exam covering the entire course content. They will need to pass a preliminary written test. This test will be 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, students will have to provide a minimum of 11 correct answers. The oral examination will consist of three questions on the content of one of the textbooks recommended for non-attending students, on the materials covered in class for attending students who do did not pass either of the mid-term exams: each answer will be graded on a 0-10 scale.

SPECIFIC INFORMATION FOR BAES STUDENTS

BAES students are reminded that the BAES study plan awards 12 ETCS for the Public International Law course.

In order to obtain 12 ECTS, BAES students should:

- attend lectures and seminars (absences to seminars must be justified)

- sit and pass two mid-term written exams, i.e. one at the end of the lectures and one at the end of the seminars

- join any other activity during seminars, 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