OVERVIEW

The course of International Law, divided in three parts, is dedicated to the study of the rules concerning the law applicable to cross-border matters and the application of foreign laws in the Italian legal system.  The Course will also examine 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 responsibility, immunity, use of force and resolution of international disputes. 

UN SDG: 16 (Rule of law and access to justice).

AIMS AND CONTENT

LEARNING OUTCOMES

At the end of the course, students will have acquired the methodological tools and general skills relating to public and private international law, will be able to understand and analyse current legal issues concerning international and transnational relations and will be able to independently develop possible solutions to open questions.

AIMS AND LEARNING OUTCOMES

In the first part, the Course aims at providing students with fundamental notions of Private International Law, through the study of the rules concerning the law applicable to cross-border matters and the application of foreign laws in the Italian legal system.

The course of International Law is also aimed, in its second part, at providing students with the fundamental notions on Public International Law, with particular reference to:

• the mutual coordination of sources of International Law and the adaptation of national law.
• subjects of International Law;
• sources of International Law;

In its third part, the course will focus on the main themes of contemporary Public International Law, aiming at providing students with solid legal notions, an adequate comprehension and a critical approach on the following issues:

• international responsibility;
• state sovereignty and immunity;
• prevention and resolution of international disputes;
• use of force in International Law.

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

• identify, comprehend and apply the rules concerning the law applicable to cross-border matters and the application of foreign laws in the Italian legal system;
• remember, identify and comprehend the subjects and fundamental principles which regulate the structure and the functioning of the international community;
• identify and analyse the sources of International Law, and comprehend and apply the rules deriving from it;
• comprehend and analyse 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 sovereignty, 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;
• read and critically examine, with an autonomous assessment, scientific publications on public and Private International Law, decisions of international courts, national courts as well as of the Constitutional Court;
• express in an appropriate legal language. 
• MANAGE SOCIAL INTERACTIONS constructively and with a cooperative attitude, respecting others and their own needs, in different environments

TEACHING METHODS

The Course consists of a) frontal lectures, for a total of 54 hours (9 CFU), having as an object the fundamental theoretical notions of public and Private International Law and might include b) guided presentation and analisis, by the students, of practical cases (evaluated also for the purpose of the final mark of the exam). If necessary the course will be held also on Teams (1b5qxp5). Decisions and legislative texts of particular relevance and utility for the comprehension of the subjects covered will be published on Aulaweb.

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

For students attending classes:
On a voluntary basis, on the sidelines of the theoretical lectures, working groups will be set up for interested persons with analysis, in groups, of a case study assigned by the lecturer (drawn from case law) with preparation of a presentation to be given in class. This will allow to deepen general themes and develop advanced social skills, obtaining a specific open badge in 'soft skills' for this purpose.

SYLLABUS/CONTENT

Part 1. Private International Law: fundamental elements; conflict of laws; connection criteria 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 provisions of Public International Law: immunities; use of force; internationally wrongful acts; 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:
Part 1: F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale. Vol. I - Parte generale e obbligazioni, 10ª ed., UTET, Milano, 2022, Chapters I, III e IV.

Parts 2 and 3: Aa.Vv., Istituzioni di diritto internazionale, VI ed., Giappichelli, Torino, 2021, Chapters from I to VIII.

Textbooks and reccomended readings for non-attending students:

Part 1: F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale. Vol. I - Parte generale e obbligazioni, 10ª ed., UTET, Milano, 2022, Chapters I, III e IV.

Parts 2 and 3: Aa.Vv., Istituzioni di diritto internazionale, VI ed., Giappichelli, Torino, 2021, Chapters from I to XI.

TEACHERS AND EXAM BOARD

Exam Board

ILARIA QUEIROLO (President)

LAURA CARPANETO

FRANCESCO PESCE (President Substitute)

MATTEO DANIELE (Substitute)

MARIA ELENA DE MAESTRI (Substitute)

STEFANO DOMINELLI (Substitute)

FRANCESCA MAOLI (Substitute)

ELENA MARESCA (Substitute)

MASSIMO RUARO (Substitute)

PIETRO SANNA (Substitute)

GIOVANNI SCIACCALUGA (Substitute)

MATTEO SOMMELLA (Substitute)

LESSONS

LESSONS START

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EXAMS

EXAM DESCRIPTION

Oral exams take place in person.

If online exams become necessary, this is the TEAMS code: l1buonj

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

Students attending at least 2/3 of the lessons in person (in the classroom) can choose to sustain the exam through written tests. Each written test consists in 30 multiple-choice questions, in 30 minutes, without consultation of any 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.

Students who have valid certification of disability or Specific Learning Desorders (DSA) on file with the University may request the use of compensatory measures during the exams (e.g. additional time, concept maps, modifications in the written/oral mode), following the guidelines (p. 5) published here. In any case, for further information, please contact the Department’s disability liaison: Isa.Fanlo@unige.it

Exam schedule

FURTHER INFORMATION

TEAMS code if online classes are necessary: see aulaweb page.

TEAMS code if online exams are necessary: l1buonj