Anna ORIOLO | DIPLOMATIC AND CONSULAR LAW
Anna ORIOLO DIPLOMATIC AND CONSULAR LAW
cod. 1222500031
DIPLOMATIC AND CONSULAR LAW
| 1222500031 | |
| DIPARTIMENTO DI STUDI POLITICI E SOCIALI | |
| EQF7 | |
| GLOBAL STUDIES AND EU | |
| 2020/2021 |
| OBBLIGATORIO | |
| YEAR OF COURSE 2 | |
| YEAR OF DIDACTIC SYSTEM 2018 | |
| PRIMO SEMESTRE |
| SSD | CFU | HOURS | ACTIVITY | |
|---|---|---|---|---|
| IUS/13 | 6 | 40 | LESSONS |
| Objectives | |
|---|---|
| OBJECTIVES THE COURSE AIMS TO TPROVIDE STUDENTS WITH THE BASIC, THEORETICAL AND PRACTICAL, TOOLS IN ORDER TO INTERPRET AND APPLY THE DIPLOMATIC AND CONSULAR LAW IN THE FIELDS OF LEGAL PROFESSIONS, DIPLOMACY, ORGANIZATIONS AND COURTS BOTH INTERNATIONAL AND OF THE EUROPEAN UNION. CURRENT DEVELOPMENTS, SUCH AS DIPLOMATIC AND CONSULAR RELATIONS IN DIGITAL ERA WILL ALSO BE ADDRESSED. EXPECTED LEARNING OBJECTIVES: KNOWLEDGE AND UNDERSTANDING: KNOWLEDGE OF THE CENTRAL ISSUES OF DIPLOMATIC AND CONSULAR RELATIONS (ESTABLISHMENT OF DIPLOMATIC MISSIONS AND CONSULAR RELATIONS, FUNCTIONS, PRIVILEGES AND IMMUNITIES) AS WELL AS OF DIPLOMATIC AND CONSULAR LAW IN THE EU, AND OF RELEVANT STATES PRACTICE AND INTERNATIONAL CASE-LAW. APPLYING KNOWLEDGE AND UNDERSTANDING: ABILITY TO CRITICALLY ANALYZE ISSUES RELATED DIPLOMATIC AND CONSULAR RELATIONS NOT ONLY AT THE UNIVERSAL LEVEL BUT ALSO AT REGIONAL AND EUROPEAN ONES. |
| Prerequisites | |
|---|---|
| NO PREREQUISITES |
| Contents | |
|---|---|
| DIPLOMATIC LAW: SOURCES - INSTITUTION OF THE DIPLOMATIC MISSION - DIPLOMATIC FUNCTIONS AND THEIR LIMITATIONS - DIPLOMATIC ORGANIZATION - SPECIAL MISSIONS - DIPLOMACY AND INTERNATIONAL CONFERENCES - DIPLOMACY AND INTERNATIONAL ORGANIZATIONS - IMMUNITIES. CONSULAR LAW: THE SOURCES - THE ESTABLISHMENT OF THE CONSULAR MISSION - THE CONSULAR OFFICE AND THE HONORARY CONSOLE - THE FUNCTIONS - THE IMMUNITIES. DIPLOMATIC AND CONSULAR LAW IN THE EUROPEAN UNION: DIPLOMATIC RELATIONS OF THE EUROPEAN UNION AND IN THE EUROPEAN UNION - EUROPEAN CITIZENSHIP AND DIPLOMATIC AND CONSULAR PROTECTION |
| Teaching Methods | |
|---|---|
| WE COMBINE: 1) TRADITIONAL TEACHING METHOD: FRONTAL LESSON (EV. WITH SLIDES) WITH MAINLY THEORETICAL PURPOSE; 10 MINUTES FOR QUESTIONS; 2) ACTIVE METHOD: INTERACTIVE SEMINARY WORK, WITH CASE STUDIES; STUDY MATERIAL (COPIES, ETC,) TO BE DELIVERED TO STUDENTS; SPEECH ABOUT A PARTICULAR ARGUMENT; DISCUSSION ABOUT GENERAL ARGUMENTS; 3) INNOVATIVE TEACHING METHODS: STUDENTS ARE PROVIDED WITH A SET OF MULTIMEDIA MATERIALS (E.G.: INTERNET SITES, PROJECTIONS OF TEXTS AND DOCUMENTS RELEVANT FOR EU LAW; PROJECTIONS OF FILMS AND DEBATE; POWERPOINT FILES, ETC.) |
| Verification of learning | |
|---|---|
| ORAL EXAM THE EXAM AIMS TO VERIFY THE KNOWLEDGE OF THE BASIC, THEORETICAL AND PRACTICAL TOOLS, IN ORDER TO INTERPRET AND APPLY THE DIPLOMATIC AND CONSULAR LAW IN THE FIELDS OF LEGAL PROFESSIONS, DIPLOMACY, INTERNATIONAL ORGANIZATIONS AND SUPRANATIONAL COURTS. EVAULATION CRITERIA ARE: MAKING JUDGMENTS: ABILITY TO MAKE AUTONOMOUS JUDGMENTS WITH REGARD TO CONCRETE CASES OF DIPLOMATIC AND CONSULAR LAW SUCH AS: THE SOURCES, THE CASE LAW AND THE DIFFERENT SCHOLARS APPROACHES COMMUNICATION SKILLS: ACQUISITION OF LEGAL AND TECHNICAL LANGUAGE AND OF ARGUMENTATIVE SKILLS TYPICAL OF THE LEGAL PROFESSIONS AND DIPLOMACY THAT WILL ENABLE STUDENTS TO ACT EVEN AT SUPRANATIONAL LEVEL (EG, INTERNATIONAL AND EU COURTS, TRIBUNALS AND INSTITUTIONS) LEARNING SKILLS: ABILITY TO DEVELOP AND UPDATE THE KNOWLEDGE SUCH AS, FOR EXAMPLE, THE ABILITY TO CONSULT AND INTERPRET BIBLIOGRAPHICAL, NORMATIVE AND JURISPRUDENTIAL DATA STUDENTS HAVE TO GAIN AT MINIMUM A 18/30 MARK TO PASS THE EXAM. THE MINIMUM (18) IS ASSIGNED WHERE THE KNOWLEDGE OF THE CENTRAL TOPICS OF DIPLOMATIC AND CONSULAR LAW IS SUFFICIENT. THE MAXIMUM (30) IS ASSIGNED WHERE THE STUDENTS MASTER THE KNOWLEDGE OF THE FUNDAMENTAL TOPICS OF DIPLOMATIC AND CONSULAR LAW AND ARE ABLE TO CRITICALLY ANALYZE THE PROBLEMS CONNECTED WITH THEM. LAUDE IS ASSIGNED WHERE THE STUDENTS ARE ABLE TO FORMULATE AUTONOMOUS ASSESSMENT WITH REGARD TO CONCRETE CASES AND CENTRAL TOPICS OF DIPLOMATIC AND CONSULAR LAW FOR ATTENDING STUDENTS ARE PROVIDED 2 WRITTEN EXAMS IN THE MIDDLE AND AT END OF COURSE OF 120 MINUTES EACH (IN THE MULTIPLE ANSWERED TEST FORM, QUESTIONNAIRES WITH QUESTIONS WITH OPEN ANSWER AND SHORT FREE COMPOSITIONS). STUDENTS HAVE TO GAIN AT MINIMUM A 18/30 MARK TO PASS EACH WRITTEN TEST. THE FINAL EVALUATION IS GIVEN BY THE AVERAGE OF THE MARKS GAINED IN EACH EXAM. |
| Texts | |
|---|---|
| A. ITALIAN PROGRAM CARLO CURTI GIALDINO, LINEAMENTI DI DIRITTO DIPLOMATICO E CONSOLARE, TERZA EDIZIONE, GIAPPICHELLI, TORINO, 2015 (PP. 43-195 + 353-437 + 475-538) OR B) ENGLISH PROGRAM B.1 ITEMS ITAVAILABLE ONLINE MAX PLANCK ENCYCLOPEDIA OF PUBLIC INTERNATIONAL LAW HTTPS://OPIL.OUPLAW.COM/HOME/MPIL DIPLOMATIC PROTOCOL, BY MARTINA WOHLAN - IMMUNITY, DIPLOMATIC, BY ROSANNE VAN ALEBEEK - PREMISES OF DIPLOMATIC MISSIONS, BY JEAN D'ASPREMONT - DIPLOMATIC PROTECTION, BY JOHN DUGARD - HEADS OF DIPLOMATIC MISSIONS, BY NICOLAS ANGELET - SPECIAL MISSIONS, BY ALI M EL-HAJ - CONSULS, BY MICHAL KOWALSKI - DIPLOMACY, BY EDUARDO JARA RONCATI - MEMBERS OF THE STAFF OF DIPLOMATIC MISSIONS, BY JEAN SALMON – HONORARY CONSULS, BY ANDREA ERNST – IMMUNITIES, SPECIAL MISSIONS, BY NADIA KALB - CREDENTIALS, BY JEAN SALMON – REPRESENTATIVES OF STATES IN INTERNATIONAL RELATIONS, BY JEAN SALMON - CONSULAR FUNCTIONS, BY PAWE CZUBIK, PIOTR SZWEDO B.2. AS FOR THE EU DOMAIN SEE: BY PATRIZIA VIGNI, DIPLOMATIC AND CONSULAR PROTECTION IN EU LAW: MISLEADING COMBINATION OR CREATIVE SOLUTION? (ONLINE AT HTTPS://CADMUS.EUI.EU/HANDLE/1814/14354) IN ADDITION (BOTH A OR B PROGRAM), AS FOR THE DIPLOMATIC AND CONSULAR IMMUNITIES, SEE: DOCUMENTS (AT WWW.TREATIES.UN.ORG) •VIENNA CONVENTION ON DIPLOMATIC RELATIONS (1961) •VIENNA CONVENTION ON CONSULAR RELATIONS (1963) CASE LAW (AT WWW.ICJ.ORG) •ARREST WARRANT OF 11 APRIL 2000 (DEMOCRATIC REPUBLIC OF THE CONGO V. BELGIUM), JUDGMENT, ICJ REPORTS (2002) 3 •AVENA AND OTHER MEXICAN NATIONALS (MEXICO V. UNITED STATES OF AMERICA), JUDGMENT, ICJ REPORTS (2004) 12 •LAGRAND (GERMANY V. UNITED STATES OF AMERICA), JUDGMENT, ICJ REPORTS (2001) 466 •UNITED STATES DIPLOMATIC AND CONSULAR STAFF IN TEHERAN (UNITED STATES OF AMERICA V. IRAN), JUDGMENT, ICJ REPORTS (1980) 3 |
| More Information | |
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| EACH LESSON IS PRECEDED BY A RECAPITULATION OF THE EARLIER ONE THAT A STUDENT MAKES WITH MY SUPPORT |
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