International Law

Angela DI STASI International Law

0160100036
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2020/2021

OBBLIGATORIO
YEAR OF COURSE 2
YEAR OF DIDACTIC SYSTEM 2012
PRIMO SEMESTRE
CFUHOURSACTIVITY
981LESSONS


Objectives
THIS COURSE AIMS AT ALLOWING STUDENTS TO ACQUIRE KNOWLEDGE AND BASIC UNDERSTANDING OF THE INSTITUTIONAL ASPECTS AND OF THE STRUCTURE OF THE INTERNATIONAL LEGAL ORDER AND COMMUNITY, AS WELL AS OF THE MAIN REGIMES OF SUBSTANTIVE LAW, EXPLAINING THEIR ORIGINS, EVOLUTION AND THE MOST RECENT NORMATIVE, INSTITUTIONAL AND JURISPRUDENTIAL DEVELOPMENTS.

KNOWLEDGE AND UNDERSTANDING
THIS COURSE INTENDS TO PROVIDE STUDENTS WITH THOSE CONCEPTUAL AND METHODOLOGICAL TOOLS NECESSARY TO CORRECTLY INTERPRET AND APPLY INTERNATIONAL LAW IN THE EXERCISE OF LEGAL PROFESSIONS AND OF ANY OTHER PROFESSIONAL ACTIVITY IN ITALY AND ABROAD.

ABILITY TO APPLY KNOWLEDGE AND UNDERSTANDING
THE COURSE AIMS AT ACHIEVING THE FOLLOWING LEARNING OUTCOMES AND APPLICATIVE CAPABILITIES: GENERAL KNOWLEDGE OF THE INTERNATIONAL LEGAL ORDER AND OF THE SUBJECTS/ACTORS OF THE INTERNATIONAL COMMUNITY; ABILITY TO EXAMINE, WITH FULL AWARENESS, THE LEGAL PROBLEMS ARISING IN THE CONTEXT OF INTERNATIONAL RELATIONS AND THE SOLUTIONS PROVIDED BY INTERNATIONAL LAW; ACQUISITION OF ANALYTICAL SKILLS NECESSARY TO RESOLVE COMPLEX PROBLEMS OF INTERNATIONAL LAW ARISING IN NATIONAL AND INTERNATIONAL WORK CONTEXTS.
Prerequisites
TO HAVE PASSED THE EXAM OF CONSTITUTIONAL LAW
Contents
I. IN ITS GENERAL PART THE TEACHING COURSE WILL BE FOCUSED ON THE PRESENT LAW OF THE INTERNATIONAL COMMUNITY AS WELL AS ON THE RELATIONSHIPS WITHIN THE INTERNATIONAL LEGAL SYSTEM LIFE, WITH REFERENCE TO:
1. THE STRUCTURE AND FUNCTIONS OF THE INTERNATIONAL LEGAL SYSTEM (16 HOURS):
DEFINITION OF INTERNATIONAL LAW; FUNCTIONS OF PRODUCTION, ASSESSMENT AND IMPLEMENTATION OF INTERNATIONAL LAW; THE SUBJECTS OF INTERNATIONAL LAW AND THE ONGOING TRANSFORMATION PROCESSES.
2. CREATION OF INTERNATIONAL NORMS (15 HOURS)
GENERAL INTERNATIONAL LAW; GENERAL PRINCIPLES OF LAW RECOGNIZED BY THE CIVIL NATIONS; CODIFICATION OF CUSTOMARY LAW; TREATIES; SOURCES PROVIDED FOR BY INTERNATIONAL AGREEMENTS; IUS COGENS; HIERARCHY OF SOURCES.
3. CONTENT OF THE INTERNATIONAL NORMS (15 HOURS)
RELATIONSHIP BETWEEN INTERNATIONAL LAW AND STATE SOVEREIGNTY; HUMAN RIGHTS; INTERNATIONAL LAW OF THE SEA; INTERNATIONAL REGIONS AND SPACES.
4. THE ASSESSMENT OF INTERNATIONAL NORMS IN THE INTERNATIONAL COMMUNITY (10 HOURS)
ARBITRATION; INTERNATIONAL COURT OF JUSTICE; INTERNATIONAL COURTS; INTERNATIONAL DISPUTES RESOLUTION.
5. ADAPTATION OF INTERNAL LAW TO INTERNATIONAL LAW (10 HOURS).

II. IN ITS SPECIAL SECTION THE TEACHING COURSE WILL DEAL WITH THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS GUARANTEES AND WITH THE APPLICATION IN THE ITALIAN SYSTEM.
Teaching Methods
THE TEACHING COURSE CONSISTS OF 81 HOURS OF LECTURES. IT TAKES PLACE IN THE FIRST SEMESTER OF THE SECOND YEAR. PRACTICAL EXERCISES ARE PROVIDED, AS WELL AS SIMULATION GAMES AND TRAINING ACTIVITIES ON A SEMINAR BASIS. AN INTERACTIVE METHOD WILL BE ADOPTED, IN ORDER TO AROUSE THE INTEREST OF STUDENTS AS REGARDS THE SUBJECT AND TO FOSTER THE CRITICAL ACQUISITION OF CONTENTS.
Verification of learning
THE TESTING OF THE EDUCATIONAL RESULTS CONCERNING THE GENERAL KNOWLEDGE OF THE SUBJECT, THE DEVELOPMENT OF SKILLS FOR BETTER LEARNING THE ESSENTIAL ELEMENTS OF THE SUBJECT, ALSO FROM THE POINT OF VIEW OF THE USE OF IT FOR THE JOB WORLD, THE DEEPENING OF CRITICAL-RECONSTRUCTION SKILLS AS REGARDS THE SUBJECT UNDER DISCUSSION AND ITS MOST CRUCIAL ASPECTS AS WELL AS THE ABILITY OF COMMUNICATING THE NOTIONS ACQUIRED, WITH A SELF-CONFIDENT SPEECH AND TERMINOLOGICAL ACCURACY, WILL BE CARRIED OUT ACCORDING TO THE FOLLOWING WAYS:
FOR THE STUDENTS ATTENDING LECTURES:
-GROUP DISCUSSIONS GUIDED BY THE TEACHER, ABOUT THE CONTENTS OF THE COURSE ALSO FOR ENCOURAGING OCCASIONS OF SELF-ASSESSMENT BY STUDENTS THEMSELVES;
-THE POSSIBILITY OF UNDERGOING AN ORAL TEST BETWEEN LECTURES ABOUT A PART OF THE PROGRAM WHICH, IN CASE IT RESULTS TO BE POSITIVE, WILL NOT ASSESSED ANYMORE;
- FINAL ORAL EXAM, THROUGH QUESTIONS DESIGNED TO TEST KNOWLEDGE OF TEACHING CONTENT.

FOR THE STUDENTS NOT ATTENDING LECTURES:
- FINAL ORAL EXAM, THROUGH QUESTIONS DESIGNED TO TEST KNOWLEDGE OF TEACHING CONTENT.

THE MINIMUM EVALUATION LEVEL (18) WILL BE ASSIGNED IF THE STUDENT SHOWS A FRAGMENTAL KNOWLEDGE AND A LITTLE DEEPENING OF THEORETICAL CONTENT OR A LIMITED CAPACITY TO CONNECT THE NORMATIVE AND JURISPRUDENTIAL REFERENCES TO THE STUDY CONTEXT. THE MAXIMUM LEVEL OF EVALUATION (30) WILL BE GRANTED IF THE STUDENT SHOWS A COMPLETE AND DEEPENING KNOWLEDGE OF THEORETICAL CONTENTS OR SHOWS A NOTABLE CAPACITY TO LINK THE NORMATIVE AND JURISPRUDENTIAL REFERENCES TO THE STUDY CONTEXT. LA PRAISE WILL BE GRANTED TO CANDIDATES WHO EXHIBIT SIGNIFICANT MASTERY OF THEORETICAL AND OPERATIVE CONTENT AND KNOW TO ARGUE WITH REMARKABLE LANGUAGE PROPERTIES AND ABILITY OF AUTONOMOUS PROCESSING ALSO IN DIFFERENT CONTEXTS FROM THOSE PROPOSED BY THE PROFESSOR.
Texts
FOR A GENERAL FRAMEWORK OF THE SUBJECT
B. CONFORTI (EDITED BY M. IOVANE), DIRITTO INTERNAZIONALE, NAPOLI, 2018,
OR
A.TANZI, INTRODUZIONE AL DIRITTO INTERNAZIONALE CONTEMPORANEO,VICENZA, 2019 ( PART V EXCEPTED)
OR N.RONZITTI, DIRITTO INTERNAZIONALE, TORINO, 2019, VI ED.



SPECIAL SECTION
A. DI STASI, INTRODUZIONE ALLA CONVENZIONE EUROPEA DEI DEI DIRITTI DELL'UOMO E DELLE LIBERTA' FONDAMENTALI, II EDITION,MILANO, 2018.

More Information
THE STRUCTURE OF THE TEACHING COURSE IS MEANT FOR STUDENTS REGULARLY ATTENDING LECTURES. NON ATTENDING STUDENTS CAN AVAIL THEMSELVES OF SUPPLEMENTARY EXPLANATIONS AND OF THE PROFESSOR’S GUIDE IN REFERRING TO NORM AND JURISPRUDENTIAL SOURCES IN THE MULTIMEDIA LAB AND THROUGH THE OBSERVATORY ON EUROPEAN AREA OF FREEDOM, SECURITY AND JUSTICE.
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