(academic year )

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1 INTERNATIONAL LAW (academic year ) Time: Monday, 2 p.m. - 4 p.m.; Thursday, 11 a.m. - 1 p.m. Lecture room: Aula Giuridico of the Department of Political and Social Studies Teacher: Carola Ricci carola.ricci@unipv.it Office Hours: Thurdays, 3-4 p.m. (Giuridico 1st floor, follow signs to Accademia dei giurisprivatisti europei ) Course Aims and Objectives: The course aims at presenting the latest developments in the theory and practice of international law rules governing the relationships between the various subjects and entities of the International Community. In particular, it aims to deepen students understanding of the fundamentals of international law-making mechanisms, and to enquire into the extent to which these are changing to adapt to the new demands of the International Community itself. There will be a special focus on the field of the protection of fundamental human rights and the punishment of international crimes. Course Structure /Description The first part of the Course is meant to provide a survey of international law making processes. The way international rules come into being and how they operate in the international legal system will be the core of the analysis. Although the main focus is on customary and treaty law, due attention will be paid also to general principles of law and soft law. The second part will deal with statehood and limits to domestic jurisdiction, with special emphasis on immunities and responsibility of the States to protect human rights through the analysis of the relevant case-law of the International Court of Justice (ICJ) and the European Court of Human Rights (ECHR). The third part will be devoted to the judicial reaction to the commission of international crimes by the ICJ, the International Criminal Tribunal for the Former Yugoslavia (ICTY) and International Criminal Court (ICC); a study visit to one or more of such international courts will be arranged around the end of the Course for those students who are willing to participate [note: each student has to organize the trip by his/her own and pay for travelling and lodging expenses]. Should the study visit turn out not to be feasible, lectures by prominent International Law Scholars will be organized on the same days. Course Materials - Background readings and on-line multimedia materials Since the Course requires the basic knowledge of the fundamentals, for those who have never taken any exam in International Law, I recommend at least the following materials: 1. LOWE V., International law, OUP, Oxford, 2007, Chapters 2, 3, 4 and 5; 2. CLAPHAM A., Human Rights. A very Short Introduction, OUP, Oxford, 2007, Ch. 1, 2, 3, 5, 7, 8; 3. The readings can be complemented by listening to the following lectures, available at the website of the United Nations Audiovisual Library of International Law ( 3.a: Judge Christopher Greenwood, The Sources of International Law, at the following link: 3.b: Judge Thomas Buergenthal, A Brief History of International Human Rights Law, at the following link: 3.c: Mr. Kevin Riordan, Basic Idea about International Criminal Law, at the following link: - Main Reference Textbook 4. J. CRAWFORD, M. KOSKENNIEMI (eds.), The Cambridge Companion to International Law, Cambridge University Press, Oxford, /6

2 - Readings With the exception of the above mentioned textbooks (at n of the previous list), all of the required readings (cf. infra the detailed syllabus) will be made available on electronic reserve (within the students login area - the so called Area riservata on the Course webpage with restricted access to attending students), when not available directly on-line. Please print these readings, bring them to class and be prepared to discuss specific points from the readings in class discussion. Course Requirements: Students taking International Law must satisfy three course requirements through: (i) participation in class discussion, (ii) a presentation to the class of a specific decision among those selected by the teacher in the case-law section of each topic indicated infra in the Syllabus and, (iii) a final examination (oral). (i) (ii) (iii) Class participation. Students are expected to participate actively in class discussions, having read carefully the week s readings in due time for the class. Moreover, each student will be the respondent for a selected decision (see case-law sections indicated infra in the Syllabus) presented to the class by a group specified by the teacher. Participation will comprise 25% of the final grade. Class presentation, addressing a specific decision (see case-law sections indicated infra in the Syllabus) assigned by the teacher; each presentation will involve collaboration by a group of five students. Each group should examine the empirical case relevant to the course and its work should be informed by the theoretical categories reviewed in the course readings and classes. The presentation will be worth 25% of the total grade for the course. Oral exam: each student will be required to study the content of the course (required readings and cases); this oral exam will count for 50% of the final grade. 2/6

3 Class Schedule: Dates Week 1 (Monday 3 rd Thursday 6 th March) Week 2 (Monday 10 th Thursday 13 th March) Week 3 (Monday 17 th Thursday 20 th March) Week 4 (Monday 24 th Thursday 27 th March) Week 5 (Monday 31 st Thursday 3 rd April) Week 6 (Monday 7 th Thursday 10 th April) Spring Semester Suspension Presentation of the Course Subjects Multiple-choice test on the fundamentals of International Law in order to organize the class work (see supra Background readings and on-line multimedia materials ) Customary Law and Jus Cogens Case-law (presented by the teacher) Treaties: the 1969 Vienna Convention Principles and Soft Law Case-law (presented by the teacher) Statehood: elements/ Non-State Actors Case-law (presented by the teacher) Limits to domestic jurisdiction of the States: (1) Immunities Case-law (presented by students groups A anb B; respondents: groups I and H) (2) Responsibility to respect and protect individuals: Human Rights Universal Approach Case-law (presented by students group C; respondent: group G) Week 7 (Monday 5 th May Thursday 8 th May) (3a) Human Rights Regional Approach: the European Convention of Human Rights Case-law (presented by students group, D; respondent: group F) Week 8 (Monday 12 th Thursday 15 th May) Week 9 (Monday 19 th Thursday 22 nd May) Week 10 (Monday 26 th Thursday 29 th May) (3b) Human Rights Regional Approach: European Convention of Human Rights Case-law (presented by students groups E, F and G; respondents: groups B, C and D) Universal jurisdiction over international crimes: from Nuremberg to ad hoc Criminal Tribunals Case-law (presented by students group H and I; respondents: groups E and F) The multilateral co-operation under the 1998 Rome Convention: the International Criminal 10 VISIT TO AN INTERNATIONAL INSTITUTION/LECTURE BY EXTERNAL EXPERTS (to be confirmed) 3/6

4 Class Syllabus - Weeks 1-3:Sources of Law - Weeks 4-5: Statehood, domestic jurisdiction and its limits - Week 6-8: Protection of Human Rights - Weeks 9-10: International Criminal Justice Week 1 Presentation of the course and multiple choice test on the fundamentals of international law (see Background readings and on-line multimedia materials ) Week 2 - Introduction to international law: Customary Law and Jus Cogens MÉGRET F., International Law as law, in J. CRAWFORD, M. KOSKENNIEMI (eds.), The Cambridge Companion to International Law, Cambridge University Press, Oxford, 2012, pp (Ch. 3). Case-law (presented by the teacher to the class) PCIJ, The Case of The S.S. Lotus, Judgment, 1927, Ser. A No 10, available on-line at (see the Summary of the case and also Casenote Legal briefs in the Area riservata ); ICJ, Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, 1996, available on-line at (see the Summary of the case and also Casenote Legal briefs in the Area riservata ); ICJ, North Sea Continental Shelf Cases (Federal Republic of Germany v. Denmark; Federal Republic of Germany v. Netherlands), Judgment, 1969, available on-line at (see the Summary of the case and also Casenote Legal briefs in the Area riservata ). Week 3 - Treaties: the 1969 Vienna Convention/Principles and Soft Law CASSESE A., International law, Oxford University Press, Oxford-New York, second edition, 2005, pp (Ch. 9-10). Case-law (presented by the teacher to the class) ICJ, Case Concerning the Gabčíkovo-Nagymaros Project (Hungary v. Slovakia), Judgment, 1997, available on-line at (see the Summary of the case and also Casenote Legal briefs in the Area riservata ). Week 4 - Statehood: elements/ Non-State Actors CRAWFORD J., Sovereignty as a legal value, in J. CRAWFORD, M. KOSKENNIEMI (eds.), The Cambridge Companion to International Law, Cambridge University Press, Oxford, 2012, pp (Ch.5). Case-law (presented by the teacher to the class) Supreme Court of Canada, Reference Re Secession of Quebec, in International Legal Materials, vol. 37, pp , (see also Casenote Legal briefs in the Area riservata ); ICJ, Accordance with international law of the unilateral declaration of independence in respect of Kosovo, Advisory Opinion, 2010 available in full text and summary versions on-line at 4/6

5 Week 5 - Limits to domestic jurisdiction of the States: (1) Immunities SIMMA B., MÜLLER A.T., Exercise and limits of jurisdiction, in J. CRAWFORD, M. KOSKENNIEMI (eds.), The Cambridge Companion to International Law, Cambridge University Press, Oxford, 2012, pp (Ch. 6). Case- law (presented by the students respectively groups A anb B; respondents: groups I and H) ICJ, U.S. Diplomatic and Consular Staff in Teheran Case, (U.S v. Iran), Judgment, 1980, in HARRIS D., Cases and Materials on International Law, 7 th Edition, Sweet & Maxwell, 2010, pp ; ICJ, Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening), Judgment, 2012 available in full text and summary versions on-line at Week 6 - (2) Responsibility to respect and protect individuals: Human Rights Universal Approach : SIMMA B., The International Court of Justice and Human Rights, in A. DI STEFANO, R. SAPIENZA (a cura di), La Tutela dei Diritti Umani e il Diritto Internazionale (XVI Convegno Catania 2011), Napoli, 2012, pp. 3-29; YUSUF A., The International Court of Justice (ICJ) and the Development of Human Rights Law: from Collective Rights to Individual Rights, in A. DI STEFANO, R. SAPIENZA (a cura di), La Tutela dei Diritti Umani e il Diritto Internazionale (XVI Convegno Catania 2011), Napoli, 2012, pp Case-law (presented by the students group C; respondent group G ) ICJ, Legal Consequence of the Construction of a Wall in the Occupied Palestinian Territory, Advisory Opinion, 2004, available in full text and summary versions on-line at (see also Casenote Legal briefs in the Area riservata ). Week 7- (3a) Human Rights Regional Approach: European Convention of Human Rights SHAW M.N., International Law, 6 th Edition, Cambridge University Press, 2008, Ch. 7, pp Case-law on non-discrimination on the base of religion (presented by the students group D; respondent: group F) ECHR, Şahin v. Turkey, Application No /98, Judgment, 2005, available full text on-line at (see also Casenote Legal briefs in the Area riservata ). Week 8- (3b) Human Rights Regional Approach: European Convention of Human Rights (see previous week: : SHAW M.N., International Law, 6 th Edition, Cambridge University Press, 2008, Ch. 7, pp ) Case-law on non-discrimination on the base of religion, sex, right to know our origin (presented by the students groups E, F and G; respondents: groups B, C and D) ECHR, Lautsi and others v. Italy, Application No /06/, Judgment 18/3/2011, available full text on-line at (see also Casenote Legal briefs in the Area riservata ). ECHR, Schalk and Kopf v. Austria, Application No /04, Judgment fin. 22/10/2010, available full text on-line at 5/6

6 ECHR, Godelli v. Italy, Application No /09, Judgment fin. 18/3/2013, available full text on-line at Week 9: Universal jurisdiction over international crimes: from Nuremberg to ad hoc Criminal Tribunals POCAR F., International Criminal Tribunals and Human Rights, in A. DI STEFANO, R. SAPIENZA (a cura di), La Tutela dei Diritti Umani e il Diritto Internazionale (XVI Convegno Catania 2011), Napoli, 2012, pp Case-law (presented by the students group H and I; respondents: groups E and F) ICTY, Prosecutor v. Tadić, Trial Chamber, Judgment of 7 May 1997 and Appeals Chamber, Judgment of 15 July 1999, available on-line at (see also Casenote Legal briefs in the Area riservata p. 22,42); ICTY, Prosecutor v. Milutinovic, Trial Chamber, Judgment of 26 February 2009, available on-line at (see also Casenote Legal briefs in the Area riservata p. 148). Week 10: The multilateral co-operation under the 1998 Rome Convention: the International Criminal 10 MERON T., Universality, Complementarity, and Cooperation Between States Parties to the Rome Statute and Non-Party States, in G. VENTURINI, S. BARIATTI (a cura di), Diritti Individuali e Giustizia Internazionale, Liber Fausto Pocar, Giuffré Editore, Milano, 2009, pp Visit to an international institution/lecture by an external expert (to be confirmed) 6/6