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119283 -
INTERNATIONAL LAW OF THE SEA
(objectives)
The course is divided into a general and a specific part and aims to provide expertise in international law by analyzing the structure of the international legal system and the rules governing relations among the actors of the international community.
In the general part, students will be provided with tools to interpret structural limits of international law by highlighting the importance of international relations and the evolution of international law itself.
Classes will be focused on institutional issues and specific topics concerning the sources of international law and their system, law of treaties, international responsibility, settlement of international disputes, adaptation of domestic law to international law, violations of humanitarian law, treatment of foreign natural and legal persons, collective security, the individual and international protection of human rights. In addition, a part of the course will be devoted to the Italian system of private international law and of the main European regulations.
The specific part of the course covers the study of international maritime law and aims to provide skills and notions on the law of the sea, on the Montego Bay Convention, on the conventions of international law of the sea and on the Italian legislation implementing these international rules, on territorial sea, contiguous zone and exclusive economic zone, high seas, piracy, archaeological zone, continental shelf, settlement of maritime disputes between States.
Knowledge and understanding
The course in International Law and Law of the Sea is designed to provide students with the skills and abilities to understand and interpret the structural limits of international law, highlighting the importance of international relations and the evolution of international law, as well as skills and knowledge of the law of the sea. In order to expand students’ knowledge and understanding during classes, the lecturer will also refer to specific practical cases drawn from the lecturer's high level of professional and qualified experience. Furthermore, students shall be able to carefully analyze and elaborate scientific and research contributions on the topics dealt with, also required for the final oral test, which is a further tool for the acquisition of skills and understanding. The student shall prove specific knowledge on the evolution of international and maritime law and be able to elaborate and apply ideas in the context of themes dealt with and of the reference research objectives.
Applying knowledge and understanding
The didactic approach provides for the theoretical training to be accompanied by active interaction with the lecturer aimed at proactive participation and the ability to autonomously elaborate and communicate the results of the knowledge acquired. Students who are going to delve into the topics dealt with may do so through self-study and elaboration. It will be crucial for students to re-elaborate the topics in order to enhance their mastery of the subject and their knowledge. Together with personal study, the ability to understand, argue and reflect on practical cases will be fundamental. By the end of the course, students should be able to solve problems in new areas and within the broader or interdisciplinary contexts of the international law and of the law of the sea.
Making judgments
Classes enable students to develop ability to interpret and verify data that are useful for making autonomous judgments on specific scientific and social issues related to the topics taught. In particular, knowledge of ethical-professional responsibilities and sustainable development issues related to the course topics are relevant. Students shall prove the ability to gather and integrate knowledge and to manage complexity, and to formulate judgments also through data. The course fosters development and ability to highlight relevant information and strategies in relation to the choices made and dialectics. Relevant for a deeper understanding of the subject will be the reflections on practical cases examined and testimonies provided by the lecturer on issues relating to the world of business and professions that offer students important practical ideas to independently develop their decision-making skills and judgment. They shall also acquire the ability to manage complex technical/professional activities or projects, taking responsibility for decisions in even complex work or study contexts. They shall also be able to integrate the knowledge acquired and manage all the information provided.
Communication skills
The course aims to develop students' ability to communicate clearly on the subjects studied. Students shall be able to communicate information, ideas, problems, and concrete solutions to specialists and non-specialists. The course includes lectures and activities implying interaction and participation with the lecturer on specific topics. Active participation in activities, courses, and seminars organized by the University complement students’ communication skills. Furthermore, interaction with the lecturer and with experts in the field fosters students’ ability to interact with professional figures and specialist interlocutors. In order to improve knowledge, seminars – also interdisciplinary – may be organized on specific topics, during which students have the chance to converse with different lecturers.
Learning skills
In order to allow continuous testing and improvement of students’ learning skills, importance is given to self-study. The methodological approach of teaching and the participation in internships help students to develop learning skills. Each student is offered various tools to develop the skills to undertake research on certain topics independently. Self-study offers students the opportunity to test and enhance their learning capacity. The teaching methodological rigor shall lead them to develop logical reasoning and subsequently support a thesis. Other useful tools for achieving this ability include in-depth study on topics suggested by the lecturer and internships carried out in Italy or abroad.
By the end of the course, the student will be able to
- reconstruct and analyze the fundamental events in the evolutionary process of international law and maritime law by identifying the essential features within the international legal order
- understand the competences of the European Union, in particular in relation to its roles with Member States at domestic and international level;
- understand the contents and objectives of international law and EU maritime law;
- analyze specific legal issues and explain the rules of international law and maritime law relevant to their resolution; and
- distinguish and identify the facts of specific legal problems and to identify their solution
- conduct research on the sources of international law and international maritime law and international jurisprudence;
- critically and autonomously evaluate legal and social implications with regard to regulatory solutions in international law and international maritime law;
- independently analyze the implications of legal issues and reform processes;
- employ specific and adequate language to orally debate on international issues and maritime law.
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ERRIGO EMILIO
( syllabus)
General part of international law
- Introduction: what is international law? Public international law and private international law. The study of international law. Characteristics and structure of the international legal system. The structure of the international community and the birth of modern international law.
-The formation and transformation of international law,
-Customs formation and the formation and validity of treaties.
-1969 Vienna Convention on the Law of Treaties (stipulation, entry into force, effectiveness, causes of invalidity and extinction). Interpretation of treaties. Scope of application. Reservations.
Entities participating in the life of international relations, Subjective statuses of international entities, Recognition, International succession between States, Other sources of international law, Acts of international organizations.
- Customary Law and Covenant Law
- The subjects and other actors of the International Community: States, intergovernmental organizations and other entities, the problem of the international subjectivity of individuals. NGOs.
- States and the problem of their subjectivity: creation and recognition of new States.
-Assessment and application, observance of the rules of international law.
- States and their internal organs.
- The immunities of the State and its organs under international law.
- Adaptation of domestic law to international law: adaptation to general international law, Article 10 of the Constitution; adaptation to international treaty law, Article 117 of the Constitution.
- International disputes: Definition of dispute; peaceful settlement, means and methods of dispute resolution
- The International Court of Justice, structure and jurisdiction.
-The collective security system of the United Nations: the UN Charter, aims and principles of the UN, collective security system, role of the Security Council, Countermeasures. Aggression in international law. Self-defense.
- International criminal law, international humanitarian law and international human rights law.
-International Humanitarian Law as a system of protection of victims of armed conflicts.
-The Geneva Conventions on the Protection of Victims of Armed Conflict.
-Serious violations of international humanitarian law
-Universal jurisdiction.
- International crimes of the individual
- The establishment of international criminal tribunals. The International Criminal Court. The question of immunities from criminal jurisdiction.
Special part of international maritime law:
-Historical origins of the law of the sea;
-The process of codification of the law of the sea;
-The 1982 United Nations Convention on the Law of the Sea;
-Developments since 1982 at an international level;
-EU Maritime Policy and participation of the European Union in the international regulatory system;
-Old and new competences of Law of the Sea within the European Union;
-Dispute resolution in the 1982 Convention and European Union law.
In the second part, the course will focus on the legal framework applicable to the different maritime areas:
-Inland waters; Territorial sea;
-Contiguous zone; Exclusive economic zone;
-Archipelagic waters; International straits;
-Continental shelf; High seas
-Other maritime areas;
-Maritime navigation;
-Exploitation of seabed;
-Fishing;
-Migration by sea;
-Criminal activities at sea, with particular reference to piracy;
-Protection of marine environment from pollution;
-Protection of underwater cultural heritage;
-Ecological protection zones established by Italy (function and structure)
-Warship and international police
-Military use of oceans
-Principles of the law of armed conflict and international humanitarian law applicable to naval military operations
-Settlement of maritime disputes between States.
( reference books)
Mandatory text: Attila M. Tanzi, A Concise Introduction to International Law, Published by Giappichelli 2019, Language: English, Hardcover: 228 pages ISBN-10 : 8892119583, ISBN-13 : 978-8892119581
Recommended text: Emilio Errigo, Scritti di diritto internazionale marittimo (available on the Moodle platform).
Students will be able to access the legal and jurisprudential materials provided by the lecturer through the Moodle multimedia platform (www.moodle.unitus.it). The lecturer will receive students after lectures. To arrange a meeting with Prof. Emilio Errigo or with his assistants, please send an e-mail to emilio.errigo@unitus.it
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8
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IUS/13
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48
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Core compulsory activities
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ITA |
