Scientific Disciplinary Sector (SSD)
IUS/13 - INTERNATIONAL LAW
2° Periodo di lezioni - aprile/maggio 2016, 2° Periodo di lezioni - febbraio/marzo 2016
The course aims at examining the three fundamental functions underlying legality in today’s international community: law-making, law-determination and law-enforcement. Such analysis will be undertaken while keeping in due regard the social and political evolution of the modern and contemporary international community. The subject will be presented in its multifaceted dimensions, and in particular:
a)as one of the instruments for managing change and transformation, while safeguarding stability and predictability of international legal relations;
b)as a language aimed at facilitating agreement and dispute settlement, or as a catalyzer for “peaceful disagreement” not endangering international peace and security;
c)as one of the key factors to read and interpret current international relations.
The course will also highlight how contemporary international law is not only concerned with the relations among governmental actors, but it also increasingly affects the interests and positions of private actors.
The first part of the course will focus on the fundamental features of the international legal order, with special regard to the historical evolution of international law, from the Treaties of Westphalia to the current post-Cold War system of international relations. Special attention will be devoted to the issues of subjectivity, in particular the processes of State formation and the international legal personality of individuals and corporations. Moreover, this part of the course will focus on the law-making function in the international community, with particular attention to the process of formation and modification of customary rules and the adoption, entry into force, invalidity, suspesion and termination of international treaties.
The second part of the course will focus on the processes and mechanisms of compulsory law-determination and implementation of international rules. Special attention will be devoted to the implementation of international sources in the Italian domestic legal system and to the international dispute settlement mechanisms, including those involving private actors. The regime of international responsibility will be also covered. Finally, the course will take into consideration and analyse the instruments of law-enforcement which characterise today the international community.
SPECIAL PART. The course will be concluded by specifically adressing the problem of State formation in international law, with specific regard for secession. The case of Kosovo will be subject to special analysis.
The final exam is conducted orally and it aims to ascertain the knowldege of the essential institutions in light of practice and international case law.