OVERVIEW

The course, divided in two parts, is dedicated at i) the study and elements of public international law, and ii) the study of 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 wishes to offer students with the necessary knowledge to study international law, also in light of the most recent developments.

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

In the second 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 60 hours (10 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

The course is divided in two parts.

The first is dedicated to public international law and thus focuses on actors of the international community, coordination of international, European and domestic law, as well as incorporation of international law in the Italian legal system.

The second part will focus on an introduction to private international law. The subject of studies will be rules concerning the determination of the foreign applicable law in cross-border matters (conflct of laws, connecting factors, coordination between connecting factors, renvoi) and the functioning of foreign laws in Italy (knowledge of foreign laws, overriding mandatory provisions and public policy).

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:
Part 1: Aa.Vv., Istituzioni di diritto internazionale, 5ª ed., Giappichelli, Torino, 2016, capitoli da I a VIII.

Part 2: F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale. Vol. I - Parte generale e obbligazioni, 8ª ed., UTET, Milano, 2019, Chapters I, III e IV.

Textbooks and reccomended readings for non-attending students:

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

Part 2: F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale. Vol. I - Parte generale e obbligazioni, 8ª ed., UTET, Milano, 2017, Chapters I, III e IV.

TEACHERS AND EXAM BOARD

Exam Board

LAURA CARPANETO (President)

ILARIA QUEIROLO (President)

MARIA ELENA DE MAESTRI

STEFANO DOMINELLI

FRANCESCA MAOLI

FRANCESCO PESCE

GIOVANNI SCIACCALUGA

LESSONS

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 part 1 and the other one at the conclusion of part 2. 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. 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