2. Professors
  3. ORIOLO Anna
  4. Teaching

DIPLOMATIC AND CONSULAR LAW

Anna ORIOLO DIPLOMATIC AND CONSULAR LAW

1222500031
DEPARTMENT OF MANAGEMENT & INNOVATION SYSTEMS
EQF7
GLOBAL STUDIES AND EU
2021/2022



OBBLIGATORIO
YEAR OF COURSE 2
YEAR OF DIDACTIC SYSTEM 2018
AUTUMN SEMESTER
CFUHOURSACTIVITY
642LESSONS
ANNA ORIOLO T Curriculum
Objectives
OBJECTIVES

THE COURSE ADDRESSES THE CURRENT LEGAL FRAMEWORK PERTAINING TO STATES' ACTIVITIES, AS WELL AS DIPLOMATIC AND CONSULAR RELATIONS, IN INTER-STATES AND, MORE IN GENERAL, INTERNATIONAL RELATIONS. AT THE END OF THE COURSE THE STUDENTS WILL OBTAIN THE SKILLS NEEDED TO UNDERSTAND AND EMPLOY THE SOURCES OF DIPLOMATIC AND CONSULAR LAW. IN ADDITION, THEY WILL GRASP THE PRINCIPLES REQUIRED TO CORRECTLY EXERCISE DIPLOMATIC AND CONSULAR FUNCTIONS (INCLUDING HOW TO CONDUCT NEGOTIATIONS) IN THE FOLLOWING SECTORS: LEGAL PROFESSIONS, DIPLOMACY, INTERNATIONAL ORGANIZATIONS, INTERNATIONAL COURTS, EUROPEAN UNION.
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, DIRITTO DIPLOMATICO-CONSOLARE INTERNAZIONALE ED EUROPEO, QUINTA EDIZIONE, GIAPPICHELLI, TORINO, 2020 [FROM CHAPTER IV TO CHAPTER XI (INCLUDED); CHAPTERS XIV, XV; FROM CHAPTER XVII TO CHAPTER XXI (INCLUDED); FROM CHAPTER XXIV TO CHAPTER XXV (INCLUDED)].
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
EACH LESSON IS PRECEDED BY A RECAPITULATION OF THE EARLIER ONE THAT A STUDENT MAKES WITH MY SUPPORT.

LESSONS CAN ALSO BE HELD IN ENGLISH, AS WELL AS EXERCISES AND RESEARCH REPORT PROCESSING. THEREFORE, THE USE OF DOCUMENTARY AND BIBLIOGRAPHICAL SOURCES IN ENGLISH IS ALSO ENVISAGED.
  BETA VERSION Data source ESSE3 [Ultima Sincronizzazione: 2022-11-21]