Globalization and criminal justice: current issues
- A.A. 2014/2015
- CFU 8, 8(m)
- Ore 40, 40(m)
- Classe di laurea LM-52, LM-62(m)
Non ritenute necessarie propedeucità
This course will give students a background in legal theory as applied to the global context and provide students an opportunity to acquire a significant knowledge on some of the most pressing issues facing the world today.
At the end of the course students should have:
- a genuine understanding of central ethical and legal debates on the positive and negatives aspects of globalization with reference to welfare, health and environment protection;
- developed insight into the problem of global justice and the protection of human rights and the different ways to deal with this topics;
- an improved ability to conduct research on international law in the key sectors of human rights, environment, health;
- the skill to write an essay on the most challenging issues concerning globalization;
- a deep comprehension of the concepts of humanitarian intervention and responsibility to protect and of the functioning of the UN Security Council.
Nearly half of the world's population survives on less than two dollars a day. A much smaller portion of the world's population -living primarily in Europe, North America, and Japan - is extraordinarily rich in historical terms. What explains this extraordinary discrepancy in wealth and well being? What are the ethical and legal implications of global wealth and poverty? What have been the strategies, successes, and failures over the past half century of efforts on the part of poor countries, aided by rich ones, to develop their economies and societies in order to reduce poverty? What are the probable future challenges of ethics and global development?
In this course students will analyze some of the ethical and legal issues surrounding global poverty. Students will consider the extent and causes of global poverty, consider philosophical and legal sources of our obligation to the poor, and examine international efforts to promote poverty reduction and economic development.
The class will cover selections on international legitimacy, international democracy, sovereignty, just war, humanitarian intervention, and responsibility, along with relevant areas of law including international criminal law, human rights law, and health law.
In the last decade the mechanisms of protection of human rights at international and at regional level have flourished, although some criticism has been raised by some scholars on the risk of overlapping and fragmentation. Track 2 will provide an overview of the international protection of human rights with a focus on economic and social rights which have been mostly affected by globalization and on the process of fragmentation of international law through the diffusion of specialized courts on human rights and crimes against humanity.
The main key arguments which will be dealt are:
(a) The protection of human rights between universalism and regionalism; (b) The UN protection mechanism; b1. UN treaty bodies; b2. The UN Human Rights Council; b3. The UN Millennium Development Goals (c) Regional protection of human rights: c1. Europe (Council of Europe, European Union, OSCE); c2. Latin America (Organization of American States); c3. Africa (The African Union), c4 Asia (recent developments); (d) International Criminal Law (d1) The International Criminal Court; (d2) The Ad Hoc Tribunals on the crimes committed in Ruanda and Former Yugoslavia; (d3) The diffusion of the hybrid tribunals; (e) Human Rights and Right to Development.
- 1. (C) Giuliana Ziccaldi Capaldo The Pillars of Global Law Ashgate, Londra, 2008 » Pagine/Capitoli: Tutto
Altre risorse didattiche che si intendono utilizzare: dispense e slides che verrano distribuite ai frequentanti durante il corso.
(1) Programma da 6 CFU per non frequentanti: Giuliana Ziccaldi Capaldo, The Pillars of Global Law, Ashgate, London, 2008
(2) Programma da 6 CFU per frequentanti: Giuliana Ziccaldi Capaldo, The Pillars of Global Law, Ashgate, London, 2008, Capitoli da I a V.
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