Learning objectives
The course aims to provide students with in-depth knowledge concerning the dynamics that characterize the negotiation of international treaties and acts of intergovernmental organizations, in accordance with international law and the statutes of specific organizations. At the end of the course, students should be able to: know the principles that guide negotiation on an international level and the methods through which such negotiation takes place; understand the difficulties in mediating between divergent interests of States and in finding a balance; evaluate, independently, the main challenges and critical issues that characterize the negotiation of a specific treaty or act of an intergovernmental organization; apply the knowledge acquired on a concrete level and present arguments with appropriate language.
Prerequisites
It is recommended that students have already passed the exam of Public International Law.
Course unit content
The course consists of two parts. The first part focuses on the negotiation that takes place within the organs of international organizations for the adoption of decisions or recommendations addressed to Member States. Particular attention will be paid to the process leading to the approval of resolutions by the United Nations’ Security Council. The second part is devoted to the study and critical analysis of the negotiation process that leads to the conclusion of international treaties. The course is characterized by a practical approach: during the lessons, case studies taken from practice will be examined.
Full programme
The course will be structured as follows:
PART I:
THE NEGOTIATION OF ACTS OF INTERGOVERNAMENTAL ORGANIZATIONS
(18 h; Professor Laura Pineschi)
Week 1:
- Rapid review of basic notions regarding the subjects of International Law and, in particular, intergovernmental organizations;
- the United Nations: purposes, principles and organs;
- the Security Council: membership, functions and acts;
- analysis of a practical case: Security Council’s resolution n° 678/1990 of 29 November 1990;
Week 2:
- seminars with invited experts;
- teamwork concerning a hypothetical resolution of the United Nations’ Security Council;
Week 3:
- teamwork concerning a hypothetical resolution of the United Nations’ Security Council;
- teamwork presentation.
PART II:
THE NEGOTIATION OF INTERNATIONAL TREATIES
(18 h; Professor Elena Carpanelli)
Week 1:
- Basic notions regarding the sources of international law;
- the procedure leading to the adoption of international treaties;
- analysis of a practical case: the Outer Space Treaty;
Week 2:
- seminars with invited experts;
- teamwork concerning a hypothetical international treaty;
Week 3:
- teamwork concerning a hypothetical international treaty;
- teamwork presentation.
Bibliography
Attending students: teaching material distributed during lessons and made available through the Elly platform.
Non-attending students: given the peculiar nature of the course, which is strongly focused on the active participation of students, attendance is highly recommended. Non-attending students are invited to contact the professors to arrange an appointment.
Teaching methods
The course alternates lectures, seminars and practical exercises. The lessons follow an innovative approach to teaching: learning is favored by the active participation of students and by the constant interaction between professors, invited experts and students.
Assessment methods and criteria
The skills and knowledge acquired will be assessed by involving students in a negotiation simulation and by asking each of them some specific questions on topics relevant to the course.
In assessing the students’ preparation, attention will be paid, among other things, to the ability to apply the knowledge acquired in practice and to communicate it with precision and appropriate language.
Other information
Experts with an outstanding experience of international negotiations will be invited to hold seminars. In particular, diplomatic agents, international officials and university professors will share their personal experience with the students, focusing on the difficulties they encountered in finding an agreement in the drafting of a particular norm or in the adoption of a specific act and on the results finally achieved.
