Insegnamento a.a. 2018-2019

20510 - NATIONAL AND INTERNATIONAL INSTITUTIONS LAW

Department of Law

Course taught in English
Go to class group/s: 14
GIO (6 credits - I sem. - OB  |  IUS/14)
Course Director:
SCILLA VERNILE

Classes: 14 (I sem.)
Instructors:
Class 14: SCILLA VERNILE


Mission & Content Summary

MISSION

Due to the economic globalization, it happens always more frequently that operators must comply with decisions taken by the institutions of different states or even with measures taken by international institutions. Within this complex context, it is strongly recommended to understand the common principles and rules governing the organization and the activity of the national institutions. To this end, during the course students have the possibility to analyse the principles and the rules of decision-making process in the national institutions. In addition, the course focuses on the various types of national institutions and on the main international organizations, such as the United Nations and some intergovernmental economic institutions. The second part of the course, on International institutions, aims to outline and explore the principles and practice of the body of public international law known as the law of international organizations, illustrating these by reference chiefly to the United Nations Organization, other organizations of the United Nations system, and their member and other states.

CONTENT SUMMARY

The course is organised in two parts. The course covers the following topics:

1. National Institutions Law Part:

  • Notion of institution.
  • Various types of national institutions.
  • Constitutional principles of public administration.
  • Principles of administrative organization.
  • Principles of administrative activity.
  • Administrative procedures (with specific focus on public procurement procedure).
  • Rules governing administrative decisions.
  • Public services.

2. International Institutions Law Part:

  • The concept of an international organization and the contemporary place of international organizations in international law and society.
  • Essential background principles of international law.
  • The legal personality and legal capacities of international organizations.
  • The constituent instrument and membership of an international organization.
  • The organs, subsidiary organs and the powers of international organizations.
  • The international legal rights and obbligations of international organizations.
  • The international legal rights and obligations of member states of international organizations and non-member states.
  • The legal responsibility of international organizations.
  • The privileges and immunities of international organizations and their member states.
  • Internal and external redress for the conduct of international organizations.

Intended Learning Outcomes (ILO)

KNOWLEDGE AND UNDERSTANDING

At the end of the course student will be able to...
  • Understand the principles and the rules governing the organization and the functioning of national public institutions.
  • Explain the main paths of administrative procedures.
  • Identify the consequences of the invalidity of administrative decisions.
  • Discuss the major consequences of the public nature of services and contracts.
  • Explain the functioning and the organization of international institutions.
  • Discuss the features and characteristics of the main international organizations.

APPLYING KNOWLEDGE AND UNDERSTANDING

At the end of the course student will be able to...
  • Examine an administrative decision and evaluate its effects and its correctness.
  • Apply common public principles to concrete situations.
  • Compare and balance different public interests and identify which one can prevail in the concrete case.
  • Examine the relation between international institutions.
  • Apply international principles to concrete situations. 

Teaching methods

  • Face-to-face lectures
  • Case studies /Incidents (traditional, online)
  • Interactive class activities (role playing, business game, simulation, online forum, instant polls)

DETAILS

Students are provided with case studies to analyse and discuss. Live and online engagement with both ‘problem-style’ (i.e. practical) and ‘essay-style’ (i.e. reflective) questions.


Assessment methods

  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
   x x

ATTENDING STUDENTS

The exam covers the topics discussed in class and the relevant case studies. 


NOT ATTENDING STUDENTS

The exam covers the selected topics of the Textbook. 


Teaching materials


ATTENDING STUDENTS

  • F. FRACCHIA (edited by), Textbook of public law, Napoli, Ed. Scientifica, 2014.
  • N. WHITE, The Law of International Organisations, Manchester University Press, 2017, 3rd ed. 
  • Case-studies discussed in class and uploaded on the Bboard platform.

NOT ATTENDING STUDENTS

  • F. FRACCHIA (edited by), Textbook of public law, Napoli, Ed. Scientifica, 2014.
  • N. WHITE, The Law of International Organisations, Manchester University Press, 2017, 3rd ed. 
Last change 26/06/2018 11:02