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.
At the end of the classes, students will acquire the methodological tools and general skills of public and private international law, will be able to understand and analyse current legal issues in international and transnational relations, and will be able to independently develop possible solutions to open questions.
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:
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:
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:
Express in an appropriate legal language.
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.
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
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.
Ricevimento: Tuesday 10.30-12.30 Dipartimento di giurisprudenza, sezione di diritto internazionale, via Balbi 22 (fifth floor),Wednesday 10.00 -10.30 at Imperia Campus; all other days of the week previous e-mail appointment
MARIA ELENA DE MAESTRI (President)
STEFANO DOMINELLI
DIMITRI ZUCO (Substitute)
I semester from September 14th to December 4th 2020 II semester from February 15th to May 7th 2021
INTERNATIONAL LAW
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).
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.
