21810032 - INTERNATIONAL LAW AND DEVELOPMENT

International Development Law is a strategic and operational tool for all involved institutional and non-institutional stakeholders on a global, regional and national level. For this reason the course deals mainly with the role and actions of States and international intergovernmental (political and financial IOs) and non governmental (NGOs and national and multinational corporations) organizations working at the bilateral, multilateral and multi-bilateral level in order to frame policies, programs and projects as key components of the international development law.
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Programme

DESCRIPTION:

The Course is developed into two main sections, debating on the theoretical concept of the right to development as a human right and analyzing the international development cooperation within the United Nations system as well as the international Organizations – IOs - working in the economic, financial and trade fields. Also the regional and national systems (e.g. the European Union and the Italian framework) and the non institutional actors (e.g. NGOs and private business companies) will be investigated.

COURSE LEARNING OBJECTIVES AND ACTIVITIES:

Students will be able to:

• To comprehensively examine the most significant views regarding the legal framework of the international development law in the past and current international debate as well as in the international practice, in particular concerning IOs.

• To be updated on lessons learned and good practices in terms of international development cooperation frameworks and related challenges, in particular in relation to the new 2030 Sustainable Development Agenda scenario.

• To have an in depth understanding of the crucial role played by institutional and non institutional actors in the international development law framework.

• To get focused on contemporary political, economic, social and cultural issues through the awareness of the pivotal role, played particularly by BRICs and Developing Countries, thanks to the study of ad hoc policy documents.

• The students will develop an inquiring thinking, thanks to a variety of learning activities in class, such as essay questions, oral presentations, writing assignments, reports, case studies, guest speakers, so to have a real and tangible understanding of how international development cooperation theories at large are put into practice by States, International Organizations (IOs), non institutional actors, such as NGO’s, and other key players.

CONTENT:

PART I – Introduction and description of the Course; the UN framework: past vs. future international development cooperation
Topic: Preliminary basics of the International development cooperation
Conceptual framework of the International development cooperation
Operational mechanisms and procedures
The right to development and international cooperation

Topic: Key-elements of the right to development
Economic, sustainable and social factors at the core of the human development concept: theoretical and practical approach
International actors: donors and partners; IOs; the role of the United Nations within the international cooperative framework
From MDGs to SDGs
Approaching to the 2015 time limit and beyond: the new era of the post-2015/2030 Development Agenda

PART II – The financial/trade development cooperation
Topic: The International financial and trade development cooperation
The role and action of the World Bank Group and related development cooperation mechanisms and models
The financial cooperation of the International Monetary Fund

Topic: Trade Law and development cooperation principles
The basics of WTO: principles and rules to create and perform International development cooperation practices
Comprehensive overview about international financial and trade development cooperation actors and models

PART III – The regional dimension, the non-institutional approach of the international development cooperation
Topic: The regional dimension of the development cooperation
Historical, legal and practical features of the development partnership between EEC/EU and the African and Mediterranean Countries
The European development model cycle: analysis and implementation in a comparative perspective

Topic: The non institutional actors of the international development cooperation
NGOs: private profile, global action
The business and the International development cooperation: rethinking the way for best actions
Corporate Social Responsibility and human rights protection in the view of development cooperation

PART IV – Case studies: Italy
Topic: The Italian development cooperation framework; case studies
Lessons from the past for a new legal and institutional framework of the Italian development cooperation

This course in taught in English.



Core Documentation

REQUIRED READINGS:

1) UNDP, Human Development Report 2010/2011/2013/2014/2015/Global Sustainable Development Report 2016/2019 (free choice of one UNDP Report: http://hdr.undp.org/en; https://sustainabledevelopment.un.org/globalsdreport) / the 2020 Edition will be released in the second half of 2020

2) Books:
2010, Rumu Sarkar, International Development Law. Rule of Law, Human Rights, and Global Finance, Oxford University Press, chapters 2 and 4, http://www.oxfordscholarship.com/view/10.1093/acprof:oso/9780195398281.001.0001/acprof-9780195398281

3) Articles listed by Journal/Review (one choice) free access to Journals/Reviews on www. sba.uniroma3.it, please refer to the Syllabus.



Reference Bibliography

Recommended readings: please refer to the Syllabus. No additional readings provided.

Type of delivery of the course

METHOD OF PRESENTATION: The Course is articulated mainly into lectures, supported by ppt presentations on all the substantial aspects dealing with the topic of international development law. These lectures will be completed by class readings and discussions about the official international documents adopted by concerned IOs and Countries, as well as by the elaboration and presentation of written papers on practical cooperation mechanisms and models. Moreover the participation to conferences, technical workshops and events to be held in Rome and promoted by public and private entities (i.e. IOs, Ministries, research centres, academia and civil society) will be scheduled.

Attendance

Attendance is mandatory, with minimal tolerance for absences.

Type of evaluation

REQUIRED WORK AND FORM OF ASSESSMENT: • Attendance and Class Participation (30%): due to the remote option for lectures the attendance is checked at the beginning of each lecture; comments and questions are highly welcomed during class sessions, inasmuch disclosing an actual interest on the topic and the ability to get involved in a new field of studies as well. • Mid-Term Exam (15%): due to the remote option of the Course the mid-term exam will be held online (2 hours) and is introduced by the questions formulated by the Professor; written essay to assess the analytical understanding of first Part (i.e. key-elements of the right to development – Chapter 4 of the Book). • Oral Presentation (20%): due to the remote option for lectures the oral presentations are planned in a way to ask for the availability of the students to introduce orally their exercise from time to time, according to the scheduled Course Programme; in a public speaking form, for a positive evaluation of the student’s rational skills, priority will be given to the capacity to be concise and focused on the theme chosen. AS AN ALTERNATIVE, all non-papers and written exercises submitted through the Course at the request of the Professor will be evaluated in a similar way. • Final Oral Exam (35%): the double option for the exam in presence or by remote will be evaluated and the final decision will be taken accordingly; analytical understanding of the reading material showing comparative skills, critical thinking and the mastery of key concepts and terminology relevant to the issues discussed in class. Due to COVID-19 the oral exam will be held according to art.1 - Rectoral Decree n. 703 - 5 May 2020.