Scientific Disciplinary Sector (SSD)
IUS/13 - INTERNATIONAL LAW
1° periodo di lezioni dal Oct 2, 2017 al Dec 15, 2017.
The course of Advanced International Law intends to provide conceptual and methodological bases for a critical analysis of international human rights protection mechanisms arranged within both the United Nations Organisation and the different regional systems.
From the first point of view, the main range of legal instruments and the control mechanisms for the observance of international obligations will be analysed.
Moving to the regional level, particular attention will be paid to the European Convention for the Protection of Human Rights and Fundamental Freedoms and to the European Union system for the protection of human rights, also trying to single out all the issues related to the conflicts that can possibly arise between judgments of the courts of Luxembourg and Strasbourg.
The course aims at developing, from a legal perspective, increasing challenges underlying the international protection of human rights. The adopted critical and systematic approach attempts to encourage the proactive participation of the students.
Particular attention will be paid to international-European instruments and guaranties to promote and protect the rights of migrant children. For this reason, the course addresses the activities of the Department of Law as “Chair of the UNCRC Policy Center” coordinated by Hope for Children.
At the end of the course, the student will be able to understand and to analyse the functioning of international mechanisms created in order to ensure that the fundamental rights of treaties and the case law of supra-national courts are effectively guaranteed in national legal systems.
In summary, the programme will follow the articulation as detailed below:
- The concept of human rights and the different levels of protection.
- The UN protection of human rights: main conventional sources and instruments of monitoring and control; gross violations of human rights; human rights and humanitarian law; the UN action for the regionalisation of the human rights protection and for the establishment of National human rights institutions.
- The regional framework for the protection of human rights: the European Convention of Human Rights (ECHR) and the procedures before the court of Strasbourg; the impact of the ECHR case law and the applicability of the ECHR in the Italian legal system; the relationship between the ECHR and the European Union law.
- Emerging sectors in the protection of human rights and categories of vulnerable subjects.
- Migration, international protection and human rights. Basic international and European references. International-European instruments and guaranties to promote and protect the rights of migrant children.
Classes are taught in Italian.
As lessons will be conducted in seminar format, the teaching methods between attending and not-attending students are distinguished. In the first case, not only the lessons aim at defining and transmitting basic concepts, but they also intend to analyse case-law and complaints before quasi-judicial bodies.
In addition to lessons, thematic workshops contribute to the deepening of single rights and rights for specific vulnerable categories of persons.
The examined case-law, the main international instruments and the study materials will be available on the e-learning platform.
With reference to not-attending students, the educational methods consist of a teacher support and a study on updated textbooks.
Both attending and non-attending students are required to prepare the exam on both the following textbooks:
- C. Zanghì, La protezione internazionale dei diritti dell’uomo, Torino, Giappichelli, terza ed., 2013, pp. 93-166;
- V. Zagrebelsky, R. Chenal, L. Tomasi, Manuale dei diritti fondamentali in Europa, Bologna, Il Mulino, 2016, pp. 35-282; 343-348; 369-452.
In order to prepare the exam, the knowledge of the main treaties contained in the manuals of reference is required. To this end, the student can refer to the official versions contained in institutional websites or in the following textbook: I. Viarengo, M. Franchi, Tutela internazionale dei diritti umani. Casi e materiali, Torino, Giappichelli, 2017.
Erasmus students may choose to take the exam:
- orally in Italian, studying on the same textbook and according to the same course syllabus as Italian students (C. Zanghì, La protezione internazionale dei diritti dell’uomo, Torino, Giappichelli, terza ed., 2013, pp. 93-166; V. Zagrebelsky, R. Chenal, L. Tomasi, Manuale dei diritti fondamentali in Europa, Bologna, Il Mulino, 2016, pp. 35-282; 343-348; 369-452) , or exponing two cases / topics that has been taken up during the lessons for the international end regional framework
- orally in English, studying on the following textbook: D. L. SHELTON, Advanced Introduction to International Human Rights Law, Cheltenham, Edward Elgar, 2014, pp. 74-118, 190-265 e J. F. GEOFFREY, The European Convention on Human Rights, Oxford, Oxford University Press, 2017, part 1
||Advanced Introduction to International Human Rights Law
|V. Zagrebelsky, R. Chenal, L. Tomasi
|| Manuale dei diritti fondamentali in Europa
||The European Convention of Human Rights
||Oxford University Press
The assessment of learning outcomes requires an oral examination with regard to both attending and not-attending students. The examination is aimed at assessing:
- their level of knowledge acquired and the availability of linking different topics;
- their command of the use of legal sources and comparison of protection systems;
- language and terminology skills;
- analytical capacity and arguing ability.