I.B.D.

1. I.B.D. International Organization law Prof. Marco Scarpati University of Parma A.Y. 2013-2014

2. Marco Scarpati • Degree in law in Parma University • Professor of International Law in Parma University • Prof. In International Human Rights Protection (spec. In Child protection) • Barrister • President of ECPAT Italia • marcoscarpati@yahoo.it

3. Text book

4. for who will attend the lessons From page 3 to page 305

5. Our course • Introduction on International law • Basic rules of International Organization law • Working groups on International economic law – millenium development goals • Reports on working groups • Discussion • Examination on papers and part of the book

6. exams • 13 dicembre 2013 ore 9.00 (special for students will attend the lessons) • Winter 16 and 31 january 2014 9.00 • Spring 11° april 9.00 • Summer 6° june, 20° june 9.00 • 8 september 2014 9.00

7. In a normal world….

8. Meritocracy and equal opportunities

9. In our country

10. Choose your job: maybe to study is not the best criterion…

11. Growth rate

12. Life expectancy

13. Children mortality rate

14. statistics

15. statistics

16. World population

17. World by population

18. World population density

19. World popolation density

20. Population and development

21. 10 busiest air travel routes of 2012

22. Population by age group

23. Better places to born

24. Hunger map of the world

25. Dimension of countries for size of GDP

26. China GDP rate

27. Economic world

28. World GDP growth 2010

29. democracies

30. Child poverty rates

31. Diversity map

32. Diversity Tollerance map

33. Right to sexual orientation

34. Sexual orientation tollerance

35. Security treaty map

36. Felt beloved

37. Condition of mothers

38. Paid maternal leave

39. Number of researchers per million inhabitants

40. Attitude welcome foreigners

41. Law system

42. Majority religion by country

43. Gepolitical problems

44. International Law • International law is a body of rules that govern relations betweenstates, functioning of international institutions/organizations and rights and duties of individuals. • International law covers every aspect of relations between States from aviation to Xenophobia and beyond. • However, we will focus on those aspects of international law that are of direct relevant to international Organizations and Int. Economic Law

45. A short definition • International law is the law of the so-called “international community”. com·mu·ni·tyn., pl. com·mu·ni·ties. Abbr. com. 1. A group of people living in the same locality and under the same government. 2. A group of people having common interests: the scientific community; the international business community. 3.a. Similarity or identity: a community of interests.b. Sharing, participation, and fellowship.

46. Subjects of International law Members of the international community are subjects of International Law Subjects have international legal personality: capacity to have rights and duties under international law. Objects of international law do not have rights and duties but are merely the object of subject’s rights and duties (e.g. a territory and the natural resources within it)

47. Subjects of international law II • Subjects of international law relates to which entities have legal capacities under international law and the extent of that capacity in terms of competence to perform certain acts: • Hold of rights and duties under international law; • Hold a procedural privilege of prosecuting claims before an international tribunal; • Possess interests for which provision is made by international law; and • Competence to conclude treaties with other States and international organizations

48. Subjects of international law III • States • Public International Organizations (e.g. United Nations, African Union, North Atlantic Organization, European Union, Organization of American States etc). • Individuals: It is part of customary international law that the obligations of international law bind individuals directly regardless of law of their states. • Other Entities: An example of such ‘other’ entity would be the Holy See and the Vatican City, which enjoy the status of a State and has international personality. Other example: NGO’s

49. States • Statehood is objective, not subjective. Recognition does not bestow statehood. • A State is a state under international law (i.e. it has international legal personality), if it meets certain basic criteria. • Must have a territory • Must have a population. • Must have a government. • Must be sovereign, that is to say must be able to exercise sovereign functions on the territory (e.g., be able to exclude anyone else from claiming it (defense), policing, administration (raise taxes), etc.).

50. International Organizations • International organization means public international organization or governmental organization, that is to say an organization created by sovereign states and whose functioning is regulated by international law, not the law of any given country. • There are hundreds of IOs. Some operate at the global level (E.g. UN, WTO, World Bank), others at the regional level (EC/EU, OAS, NATO, ASEAN, AU). • Personality of IOs is limited to what is necessary to carry out the assigned functions. E.g.. the UN or NATO must have the power to conclude treaties with states to carry out their mission. Powers are specified in the legal instruments of the organization (establishing treaty (e.g. UN Charter) and decision of the organization itself).