Syllabus del corso
Learning objectives
The course aims to provide students with an advanced understanding of the core principles and topics regarding the reconstruction of state institutions in countries emerging from post-conflict situations characterized by serious violations of human rights and the related issues that societies are facing in these complex historical circumstances.
To extend learning beyond the classroom teaching, invited experts in this field of law will take part in the Transitional Justice and State Building course. Accordingly, students are expected to participate actively in class.
Contents
This course analyzes transitional justice, i.e. the legal, ethical, conceptual and policy issues confronting societies and governments in dealing with past violence and massive human rights violations committed in the context of undemocratic and repressive regimes. and it explores the theory of “state-building” and in particular the reconstruction of state in conflict-torn societies.
Detailed program
This course will be divided into two sections.
The first part of the course – taught by prof. Cornelli – analyzes transitional justice, i.e. the legal, ethical, conceptual and policy issues confronting societies and governments in dealing with past violence and massive human rights violations committed in the context of undemocratic and repressive regimes. The course explores, in a criminological and historical perspective, the dynamics of collective violence and hate crimes, which occurred in Countries in transition. Moreover, it analyzes the problems that societies face when exploring the different options they have at their disposal to tackle these crimes against humanity, also considering the political, legal, economic and moral ramifications of each choice.
The second part of the course – taught by prof. Ninatti - will explore the theory of “state-building” and in particular the reconstruction of state in conflict-torn societies: special attention will be given to the critical steps of drafting, adopting and implementing a new Constitution as well as the fundamental stage of establishing the necessary agencies for the functioning as a state. It then surveys several cases of international statebuilding efforts and analyzes the role of constitution-making in the political and governance transition. In this context the course focuses in particular on the EU’s statebuilding practices in the Western Balkans and the Eastern Neighbourhood
Prerequisites
No specific prerequisite required
Teaching methods
Lecturers and trainings in class.
Assessment methods
Type of exam for all students:
Oral exam.
Type of exam for attending students only:
Students are expected to participate actively in classand they will be asked to write a final essay on one of the topics covered during the course.
Textbooks and Reading Materials
Reference texts for all students
The oral exam will focus on selected cases and materials: Students are required to send a mail to prof. Ninatti (stefania.ninatti@unimib.it) asking to send by mail all the exam materials.
Reference texts for attending students only
Further additional readings will be suggested at the beginniing of the course.
Reference texts for non-attending students
The oral exam will focus on selected cases and materials: Students are required to send a mail to prof. Tanzarella (palmina.tanzarella@unimib.it) asking to send by mail all the exam materials.