International Institutional Law - 6 crediti [in lingua inglese]
Contenuti del corso
1. INTRODUCTION
Some distinctive features of international organizations: their purpose and nature, their role in international relations. The rise of international organizations. Proposed classifications.
2. INTERNATIONAL ORGANIZATIONS AND THE INTERNATIONAL LEGAL ORDER
The legal position of international organizations: the issue of “subjectivity” (international and domestic legal personality). The law of international organizations as part of the international legal order.
3. SET UP, DISSOLUTION AND SUCCESSION OF INTERNATIONAL ORGANIZATIONS
Constituent instruments, and the law applicable thereto. Reasons, modalities and effects of dissolution. The issue of succession.
4. THE PURPOSE AND POWERS OF INTERNATIONAL ORGANIZATIONS
Attributed, implied and inherent powers. Checks and balances relating to the exercise of powers.
5. MEMBERSHIP IN INTERNATIONAL ORGANIZATIONS
Entities eligible to membership. Accession. The implications of State succession upon the issue of membership. Termination of membership.
6. THE STRUCTURE OF INTERNATIONAL ORGANIZATIONS
The institutional architecture of international organizations: organs, bodies and their interplay.
7. THE LEGAL INSTRUMENTS OF INTERNATIONAL ORGANIZATIONS
Binding and non-binding instruments. The possible role of international organizations in the negotiation and adoption of treaties by States. The treaty-making power of international organizations, and the exercise thereof. Internal matters. The decision making process within international organizations. The idea of an international organization’s “legal order”. The implementation of the decisions of international organizations within domestic legal orders: the case of the Italian legal order.
8. SETTLING DISPUTES RELATING TO INTERNATIONAL ORGANIZATIONS
The advisory jurisdiction of the International Court of Justice. Other bodies involved in the settlement of disputes relating to, or involving, international organizations. Judicial review over acts of international organizations. Administrative tribunals.
9. THE RESPONSIBILITY OF INTERNATIONAL ORGANIZATIONS
An overview of the relevant practice and of the codification efforts.
Testi consigliati
At the beginning of the course a reading list will be provided to students who attend classes.
Students who do not attend classes may prepare for the examination studying J. Klabbers, An Introduction to International Institutional Law, 2nd ed., Cambridge University Press, 2009, with the exclusion of chapters 7, 8 and 16.
