Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2019/2020
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: 
First Semester
Hours of front activity: 
72

Language

English

Course description

At the end of the course, the student:
[1. Knowledge and ability to understand]
- knows and understands the general principles and rules governing the composition and organisation of the international community;
- knows and understands the general principles and rules underlying the formation and application of rules in international law;
- knows and understands the principles and rules governing the legal discipline of relations between States and between States and other international actors;
- knows and understands the main trends in international law.
[2. Ability to apply knowledge and understanding].
- is able to correctly frame the legal questions posed by concrete situations relating to international relations, whether of a hypothetical nature or drawn from history or current events.
[3. Autonomy of judgement]
- is able to make critical assessments of the role of law in international society.
[4. Communication skills]
- clearly communicates its observations, selecting the relevant information according to its importance.
- formulates legal arguments with appropriate language and reasoning skills.
[5. Ability to learn].
- autonomously deepens the study of specific areas of international law

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 (6 hours);

2. Formation of international norms (21 hours);

3. Content of international norms (24 hours);

4. Application of international norms within the domestic law system (6 hours);

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

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

Teaching Methods

The course will be articulated in frontal Lessons and, possibly, in seminars delving into topics linked to current events.

Textbooks

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

Students who have to reach 12 credits will have to study following books:
Benedetto Conforti (a cura di M. Iovane), Diritto internazionale, Napoli: Editoriale Scientifica, 2018 (XI ed.)
+
Emilio Pagano, Diritto internazionale privato, Editoriale Scientifica, 2012, IV ed., fino a p.153
OR
Francesco Salerno, Lezioni di diritto internazionale privato, Wolters Kuwer, 2020, Ch. I, II e III

Learning assessment

The verification of learning will consist of an oral interview, lasting 30 minutes, aimed at ascertaining the understanding and knowledge of relevant legal concepts and the ability to apply them to concrete cases, real or hypothetical. Specifically, the first part of the exam will focus on the general features of the international legal system and on the system of sources; the second part will deal with the material content of the rules of international law. In order to obtain the minimum score, the student will have to demonstrate that he/she has acquired the fundamentals (e.g. notion of custom, jus cogens, characters of international treaties, etc.) and the classical institutions of international law (e.g. diplomatic protection, diplomatic immunities). In order to achieve the maximum score, the student will have to show language skills and, when confronted with a concrete case, will have to be able to identify the applicable law and the legal consequences.

More information

Preparatory courses: Institutions of Public Law

Teams code is: 2harkik