The course of Advanced International Law intends to provide the 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.
Following a general overview of the main range of legal instruments established in the UN framework, and its control mechanisms, the course focuses on the regional system in Europe, which features a distinctive “multilevel” character. Firstly, the European Convention for the Protection of Human Rights and Fundamental Freedoms will be analysed with regard to both substantial and procedural law provisions (especially the individual application procedure) and in light of the case law of the Strasbourg Court. Then, the protection of fundamental rights as developed within the European Union will be assessed from an evolutionary perspective, as well as in its current coordination with the European Convention and the domestic legal orders.
The course will implement a practice-oriented approach, selecting migration trends as its thematic area of study, considering the significant impact that they have on the broader framework of human rights’ protection (particularly for vulnerable people such as migrant women and children). In this regard, a thorough assessment of the Common European Asylum System will be provided, taking into account the relevant case law of both the Court of Justice of the European Union and the European Court of Human Rights, according to the respective scope of competences. Due to this specific investigation, the course falls within the activities of the Law Department as Chair of the ”Hope for Children” UNCRC Policy Center.
The main objective of the course to develop a critical and systematic approach towards the complex issues related to the international protection of human rights.
Upon completion of the course the student should be able to:
- know and understand the functioning of the mechanisms created in order to ensure that the fundamental rights enshrined in the international legal instruments and interpreted in the case law of supra-national courts are effectively guaranteed in national legal systems;
- carry out critical analysis with regard to the issues discussed in the course, by applying them in the resolution of case studies and referring to the relevant case law;
- express orally the acquired knowledge, also showing proper command of the legal jargon.
In summary, the following topics will be covered:
- the concept of human rights and the different levels of protection.
- the UN system of human rights’ protection: main conventional sources and instruments of monitoring and control; gross violations of human rights; the UN action for the regionalisation of the human rights protection and for the establishment of National human rights institutions;
- the European regional framework for the protection of human rights: the European Convention of Human Rights and the procedures before the Strasbourg Court. The impact of the Strasbourg Court case law and the applicability of the European Convention in the Italian legal system. The relationship between the European Convention and European Union law;
- migrations trends in Europe and their impact on international human rights’ protection, with particular regard to certain categories of vulnerable people. The international obligations for the protection of refugees. The Common European Asylum System (CEAS): evolution and current legal framework. The relevant case law of both the Court of Justice of the European Union and the European Court of Human Rights.
Further thematic lectures may be dedicated to other significant issues within the broader topic of international protection of fundamental rights, such as the development of cultural rights, the responsibility of multinational corporations in relation to human rights’ obligations.
Classes are taught in Italian.
Lectures will be held in seminar mode, and therefore the teaching methods between attending and non-attending students are distinguished.
As for attending students, not only the lessons aim at illustrating the relevant legal instruments, but they also intend to analyse case law and complaints before quasi-judicial bodies.
In addition to the lectures delivered by the Professor, thematic workshops held by the staff of the European Documentation Centre will contribute to the assessment of specific rights and rights for certain categories of vulnerable people. Seminars will also be given by experts in relation to further aspects of particular relevance of this area of law.
The examined case law, the main international legal instruments and the study materials will be provided to the students through the University e-learning platform.
As for non-attending students, the teaching methods will consist in the study of the proposed textbook, to which the teacher can offer her support.
For attending students, upon compatibility with the number of interested participants and the available resources, it can be provided the possibility of a visit to the European institutions in Strasbourg.
V. ZAGREBELSKY, R. CHENAL, L. TOMASI, Manuale dei diritti fondamentali in Europa, Bologna, Il Mulino, 2016.
Both attending and not attending students are required to support the study of the reference textbook with the texts of the relevant legal instruments. To this end, students can refer to the official versions of the treaties and conventions that are freely available on the official websites, or on the following book: I. VIARENGO - M. FRANCHI, Tutela internazionale dei diritti umani. Casi e materiali, Torino, Giappichelli, 2017.
For attending students, the exam will ascertain their preparation on the topics covered during the lectures and can be prepared on the notes taken and the materials distributed in class and on the e-learning platform. Non-attending students shall prepare the exam on the above-mentioned textbook.
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 (V. ZAGREBELSKY, R. CHENAL, L. TOMASI, Manuale dei diritti fondamentali in Europa, Bologna, Il Mulino, 2016), or delivering a presentation on two cases/topics that have been dealt with during the lectures regarding the international and regional framework;
- orally in English, studying on the following textbooks: D.L. SHELTON, Advanced Introduction to International Human Rights Law, Cheltenham, Edward Elgar, 2014, only on the following pages 74-118, 190-265; J.F. GEOFFREY, The European Convention on Human Rights, Oxford, Oxford University Press, 2017, only on Part 1.
|D.L. Shelton||Advanced Introduction to International Human Rights Law||Edward Elgar||2014||978-1-78254-523-1||Testo di riferimento per studenti Erasmus che scelgono di sostenere la prova d'esame oralmente in lingua inglese. Le pagine incluse nel programma d'esame sono specificate nella sezione "TESTI CONSIGLIATI". | Textbook for Erasmus students who choose to take the exam orally in English. The pages included in the course's programme are specified under the section "BIBLIOGRAPHY".|
|V. Zagrebelsky, R. Chenal, L. Tomasi||Manuale dei diritti fondamentali in Europa||Il Mulino||2016||978-88-15-25963-9|
|J.F. Geoffrey||The European Convention of Human Rights||Oxford University Press||2017||978-0-19-876774-9||Testo di riferimento per studenti Erasmus che scelgono di sostenere la prova d'esame oralmente in lingua inglese. Le pagine incluse nel programma d'esame sono specificate nella sezione "TESTI CONSIGLIATI". | Textbook for Erasmus students who choose to take the exam orally in English. The pages included in the course's programme are specified under the section "BIBLIOGRAPHY".|
An oral examination will be taken by both attending and not-attending students. More precisely, the oral 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 and arguing abilities.