Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2017/2018
Belonging course: 
Course of 5-year Single Cycle Master's Degree Programme on LAW
Location: 
Napoli
Disciplinary sector: 
INTERNATIONAL LAW (IUS/13)
Language: 
Italian
Credits: 
9
Year of study: 
2
Teachers: 
Cycle: 
Second semester
Hours of front activity: 
72

Language

Italian

Course description

The course aims that students acquire knowledge of the features of international law system and its functioning. In particular, it aims at providing students with:

KNOWLEDGE AND UNDERSTANDING:
1. in-depth knowledge and skills relating to the international legal order, as well as research and interpretation skills in respect of international standards and the acts of international organisations, the case law of the main international courts and domestic courts in international matters;

APPLYING KNOWLEDGE AND UNDERSTANDING:
2. ability to interpret international standards and jurisprudence and to assess their effect on the internal system;

MAKING JUDGEMENTS:
3) ability to autonomously analyse and critically assess current problems concerning the international legal order,;

COMMUNICATION:
4) ability to argue orally in depth the problems inherent in the international legal order and to communicate with specialist interlocutors;

LIFELONG LEARNING SKILLS:
5) ability to judge autonomously the soundness and correctness of information relating to aspects of international law disseminated by press, mass media and national institutions.

Prerequisites

In order to understand the lessons and to achieve the educational objectives of the course, the student must have acquired knowledge and skills relating to: a) the analysis of a legal system; b) the analysis of functions of institutions and relations between them; b) the analysis of the hierarchy of sources; d) the system of judicial protection.

Syllabus

1. The international Community and its subjects: 1.1.definition of international law; 1.2. State as subject of international law; 1.3.Other subjects of international law;
2.The formation of international norms: 2.1.customary norms; 2.2.jus cogens; 2.3.norms of secondary law; 2.4. treaties; 2.5.hierarchy among sources of international law;
3. The Content of international norms: 3.1.principle of sovereignty and State immunity; 3.2.treatment of foreign individuals; 3.3.treatment of diplomatic agents; 3.4.the law of the sea;
4.Application of international norms within the domestic legal order; 4.1.incorporation of customary norms; 4.2.incorportation of treaties; 4.3.incorporation of EU Law;
5. The violation of international norms and its consequences: 5.2.internationally wrongful acts; 5.2. consequences of internationally wrongful acts; 5.3. UN Securoty system;
6. Ascertainment of international norms within the International Community: 6.1.arbitration and ICJ; 6.2.regional and sectoral courts; 6.3.diplomatic disputes settlement methods

1. International Community and its subjects (9 hours);

2. Formation of international norms (18 hours);

3. Content of international norms (18 hours);

4. Application of international norms within the domestic law system (9 hours);

5. Violation of international norms and its consequences (9 hours);

6. Ascertainment of international norms within the International Community (9 hours)

Teaching Methods

frontal lessons, seminars and exercises

Textbooks

Benedetto Conforti (a cura di M. Iovane), Diritto internazionale, Napoli: Editoriale Scientifica, 2018 (XI ed.)

Learning assessment

1. Number of the exam phases: 1
2. Exam objectives: the exam aims at assess knowledges and skills reached by the student, particularly his/her ability to analyze and critically discuss the effects of international norms within the domestic legal order;
3. Exam methodology: oral exam
4. Timing: based on the Department exam calendar
5. Duration: 30 min
6. Typology: conversation
Final Exam evaluation: the student will gain the minimum score when he/she will prove to have achieved expected results according to the Dublin Descriptors.

More information

Preparatory courses: Institutions of Public Law