OVERVIEW

The course of International Law, divided in three parts, is dedicated at the study of the rules of public international law, through the study of the subjects of international law, the sources of international law, as well as the rules on international responsability, immunity, use of force and resolution of international disputes. The Course will also examine the rules concerning the law applicabile to cross-border matters and the functioning of foreign laws in the Italian legal system.

AIMS AND CONTENT

LEARNING OUTCOMES

The course of International Law aims at offering to the students the knowledge and the methodological instruments necessary for an adequate understanding as well as a critical assessment of the main issues of contemporary International Law, both private and public. In this view, the course is organised in three parts concerning, first of all, the analysis of the conflict-of-law rules used to select the applicable law to situations having an international character as well as the application, within the Italian legal system, of foreign law (Part 1). A second part of the course is devoted to the fundamentals of Public International Law, with specific reference to the subjects of International Law, the sources of International Law and their coordination among each other as well as with national legal systems (Part 2). Finally, the course deals with the content of the specific provisions of International Law concerning liability of States for violation of International Law, immunities, use of force and solution of international disputes (Part 3).

AIMS AND LEARNING OUTCOMES

In particular, the course of International Law is aimed, in its first part, at equipping students with the fundamental notions on public international law, with particular reference to:

• Subjects of international law
• Sources of international law
• The mutual coordination of sources of international law and the adaptation of national law

In the second part, the course will focus on the main themes of contemporary public international law, aiming at equipping students with solid juridic notions, an adequate comprehension and a critical evaluation on the following issues:

• International responsability
• State sovereignity and immunity
• Prevention and resolution of international disputes
• Use of force in international law

In the third part, the Course aims at equipping students with fundamental notions of private international law, through the study of the rules concerning the law applicabile to cross-border matters and the functioning of foreign laws in the Italian legal system.

Individual study, as well as the frequency and partecipation to the proposed training activities will enable the student to:

• Remember, identify and comprehend the subjects and fundamental principles which regulate the structure and the functioning of the international community;
• Identify and analyze the sources of international law, and comprehend and apply the rules deriving from it;
• Comprehend and analyze the mutual coordination of the sources of international law, and the adaptation of national law to international law;

• Comprehend and critically evaluate the fundamental issues of contemporary public international law, with particular reference to international responsibility, State sovereignity, immunity, prevention and resolution of international disputes, use of force in international law;

• Identify and apply the rules concerning the above mentioned issues, also through the analysis of specific cases;
• Identify, comprehend and apply the rules concerning the law applicabile to cross-border matters and the functioning of foreign laws in the Italian legal system;
• Read and critically examine, with an autonomous assessment, scientific publications on public and private international law, decisions of international courts, of national courts and of the Constitutional Court;

Express in an appropriate legal language.

TEACHING METHODS

The Course foresees frontal lectures, for a total of 54 hours (9 CFU), having as a object the fundamental teoric notions of public and private international law, as well as the presentation and analixis of practical cases. Decisions and legislative texts of particular relevance and utility for the comprehension of the subjects covered will be published in Aulaweb.

Occasionally, scholars and experts on particular matters or legal professionals will be invited to the lessons. In this way, students wil acquire further knowledge and awareness on the concrete dimension of the subject.

SYLLABUS/CONTENT

Part 1: Private international law: fundamental elements; conflict of laws; connection critieria and their coordination; renvoi; application of foreign law; limits to foreign laws; overriding mandatory provisions and public policy.

Part 2: Public international law: institutions; subjects of international law; sources of international law; coordination of sources of international law and transposition within the domestic legal system.

Part 3: Substantive international law: immunities; use of forse; international wrongdoins; State responsibility; settlement of international disputes

RECOMMENDED READING/BIBLIOGRAPHY

Decisions and legislative texts of particular relevance and utility for the comprehension of the subjects covered will be published in Aulaweb.

Textbooks and reccomended readings for students attending the lectures:
Parts 1 and 2: Aa.Vv., Istituzioni di diritto internazionale, 5ª ed., Giappichelli, Torino, 2016, capitoli da I a VIII.

Part 3: F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale. Vol. I - Parte generale e obbligazioni, 7ª ed., UTET, Milano, 2015, Chapters I, III e IV.

Textbooks and reccomended readings for non-attending students:

Parts 1 and 2: Aa.Vv., Istituzioni di diritto internazionale, 5ª ed., Giappichelli, Torino, 2016, capitoli da I a XI.

Part 3: F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale. Vol. I - Parte generale e obbligazioni, 7ª ed., UTET, Milano, 2015, Chapters I, III e IV.

TEACHERS AND EXAM BOARD

Exam Board

MARIA ELENA DE MAESTRI (President)

STEFANO DOMINELLI

LESSONS

LESSONS START

I semestre dal 17 settembre al 7 dicembre 2018
II semestre dal 25 febbraio al 17 maggio 2019

Class schedule

INTERNATIONAL LAW

EXAMS

EXAM DESCRIPTION

The exam is in oral form and is usually articulated in three/four open questions.

Students attending at least 2/3 of the lessons can choose to sustain the exam through two written tests, one at the conclusion of parts 1 and 2 and the other one at the conclusion of part 3. The written test consists in 30 multiple-choice questions, in 30 minutes, without consultation of any written materials. The final mark is the results of the weighted average of the result of each test: the first written test is worth 2/3 of the final mark, the second written test is worth 1/3. Students can sustain only one of the written test, sustaining the other part of the exam in oral form. The same rule apply if the student fails one of the tests (obtaining less than 18/30).

ASSESSMENT METHODS

The oral and the written exam aim at verify the effective knowledge and the acquisition by the student of the teoric notions explained in the course, as well as his/her ability to comprehend and apply the rules of international law concerning specific issues. Through questions of teoretical and practical nature, it will be verified wether the student is able to:

- remember, identify, distinguish and comprehend the subjects and rules disciplinating the structure and the functioning of the international community;

- identify, comprehend and apply the fundamental rules concerning international relations;

- identify, comprehend and apply the rules concerning the law applicabile to cross-border matters and the functioning of foreign laws in the Italian legal system;

- identify and define legal concepts, comprehending the legal language.

Exam schedule