The course aims to explore the legal aspects of the settlement of international disputes, as well as the structure and functioning of international courts and tribunals, in particular those operating in the field of human rights.
teacher profile teaching materials
1. Introduction to international law
2. Legal constructivism and international law.
3. Justice and methodology in international law.
4. Singularities of international adjudication.
5. International adjudication in disputes between states.
6. International adjudication in disputes concerning human rights.
7. International criminal justice.
8. International arbitration in foreign investments.
9. International courts and tribunals operating within autonomous legal systems.
10. Global neoliberalism and the human person.
11. Analysis of 10 cases decided by international courts and tribunals.
Cases:
1. Khlaifia, § 68
2. Cestaro, § 79
3. Abu Omar, § 32
4. Immunità giurisdizionali dallo Stato (Germania c. Italia): https://uniroma3-my.sharepoint.com/:b:/g/personal/cfocarelli_os_uniroma3_it/Ec4ZjEYYfodIiiGvtUiW4o4Ba7k6wHi4hu-NRgCh-AyShA?e=8fgUdk
5. Norstar, §§ 42, 75
6. Torreggiani, § 77
7. Ogiek, § 90
8. Al-Bashir, § 129
9. Rohingya, § 130
10. Afghanistan, § 131
Textbooks and materials, with further references therein (in several languages):
1. Carlo Focarelli, Costruttivismo giuridico e giurisdizioni internazionali (Milan: Kluwer/Cedam, 2019).
2. Carlo Focarelli, Diritto internazionale – II. Prassi (2012-2019) (Milan: Kluwer/Cedam, 2019), in particular 10 cases listed below will be extensively discussed in class and are included in the syllabus for exam purposes*.
3. For students who have not passed an exam in international law the following textbook is also required in part: Carlo Focarelli, Diritto internazionale (Milano: Kluwer/Cedam, 2019, 5th edn), only paras §§ 80, 82, 108-117, 140-166.
* Here are the cases discussed in class and falling under the scope of the exam for both attending and non-attending students:
1. Khlaifia, § 68
2. Cestaro, § 79
3. Abu Omar, § 32
4. Jurisdictional immunities of the State (Germany v. Italy): https://uniroma3-my.sharepoint.com/:b:/g/personal/cfocarelli_os_uniroma3_it/Ec4ZjEYYfodIiiGvtUiW4o4Ba7k6wHi4hu-NRgCh-AyShA?e=8fgUdk
5. Norstar, §§ 42, 75
6. Torreggiani, § 77
7. Ogiek, § 90
8. Al-Bashir, § 129
9. Rohingya, § 130
10. Afghanistan, § 131
The number following the symbol “§” indicates the case number in the book above sub 2.
The syllabus is the same for attending and non-attending studends.
The course presupposes an adequate knowledge of international law. Students who have already passed an exam in international law are required to provide a certificate thereof.
Mutuazione: 21801538 GIURISDIZIONI INTERNAZIONALI in Relazioni internazionali LM-52 N0 FOCARELLI CARLO
Programme
1. Introduction to international law
2. Legal constructivism and international law.
3. Justice and methodology in international law.
4. Singularities of international adjudication.
5. International adjudication in disputes between states.
6. International adjudication in disputes concerning human rights.
7. International criminal justice.
8. International arbitration in foreign investments.
9. International courts and tribunals operating within autonomous legal systems.
10. Global neoliberalism and the human person.
11. Analysis of 10 cases decided by international courts and tribunals.
Cases:
1. Khlaifia, § 68
2. Cestaro, § 79
3. Abu Omar, § 32
4. Immunità giurisdizionali dallo Stato (Germania c. Italia): https://uniroma3-my.sharepoint.com/:b:/g/personal/cfocarelli_os_uniroma3_it/Ec4ZjEYYfodIiiGvtUiW4o4Ba7k6wHi4hu-NRgCh-AyShA?e=8fgUdk
5. Norstar, §§ 42, 75
6. Torreggiani, § 77
7. Ogiek, § 90
8. Al-Bashir, § 129
9. Rohingya, § 130
10. Afghanistan, § 131
Core Documentation
Textbooks and materials, with further references therein (in several languages):
1. Carlo Focarelli, Costruttivismo giuridico e giurisdizioni internazionali (Milan: Kluwer/Cedam, 2019).
2. Carlo Focarelli, Diritto internazionale – II. Prassi (2012-2019) (Milan: Kluwer/Cedam, 2019), in particular 10 cases listed below will be extensively discussed in class and are included in the syllabus for exam purposes*.
3. For students who have not passed an exam in international law the following textbook is also required in part: Carlo Focarelli, Diritto internazionale (Milano: Kluwer/Cedam, 2019, 5th edn), only paras §§ 80, 82, 108-117, 140-166.
* Here are the cases discussed in class and falling under the scope of the exam for both attending and non-attending students:
1. Khlaifia, § 68
2. Cestaro, § 79
3. Abu Omar, § 32
4. Jurisdictional immunities of the State (Germany v. Italy): https://uniroma3-my.sharepoint.com/:b:/g/personal/cfocarelli_os_uniroma3_it/Ec4ZjEYYfodIiiGvtUiW4o4Ba7k6wHi4hu-NRgCh-AyShA?e=8fgUdk
5. Norstar, §§ 42, 75
6. Torreggiani, § 77
7. Ogiek, § 90
8. Al-Bashir, § 129
9. Rohingya, § 130
10. Afghanistan, § 131
The number following the symbol “§” indicates the case number in the book above sub 2.
The syllabus is the same for attending and non-attending studends.
The course presupposes an adequate knowledge of international law. Students who have already passed an exam in international law are required to provide a certificate thereof.
Type of delivery of the course
The course will be mainly taught by means of lectures and the discussion in class of legal cases, according to the course curriculum. The teaching strategy aims for the students to acquire the knowledge and critical skills required to reach the module’s learning outcomes.Attendance
The teaching strategy aims to assist students in acquiring the knowledge and critical skills required to reach the module’s learning outcomes. For this reason, attendance at all sessions, although not mandatory, is highly recommended.Type of evaluation
Assessment will be by oral examination. The exam will consist of questions aimed at assessing the students’ knowledge across the contents of the full course curriculum, relating to both legal theory and practical legal cases, as well as the students’ ability to grasp authoritatively key concepts, to analyse and critically evaluate course material, and to apply acquired knowledge to real-life situations. The following will be the assessment criteria: knowledge and understanding of the course contents together with the ability to summarize, analyze and critically evaluate the relevant legal material and main arguments; clarity of presentation; fluent use of concise and appropriate language. During the COVID-19 Emergency period assessment will take place according to Article 1 of RD No. 703 of 5 May 2020.