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INTERNATIONAL LAW

CODE 106795
ACADEMIC YEAR 2022/2023
CREDITS
  • 9 cfu during the 3nd year of 7995 GIURISPRUDENZA(LMG/01) - GENOVA
  • 9 cfu during the 2nd year of 10842 SERVIZI LEGALI ALL'IMPRESA E ALLA PUBBLICA AMMINISTRAZIONE (L-14) - GENOVA
  • SCIENTIFIC DISCIPLINARY SECTOR IUS/13
    LANGUAGE English
    TEACHING LOCATION
  • GENOVA
  • SEMESTER 1° Semester
    PREREQUISITES
    Prerequisites
    You can take the exam for this unit if you passed the following exam(s):
    • LAW 7995 (coorte 2021/2022)
    • INSTITUTIONS OF PRIVATE LAW I 64899
    • CONSTITUTIONAL LAW 64900
    TEACHING MATERIALS AULAWEB

    OVERVIEW

    The course focuses on the conflict-of-law rules applied with a view to identifying the law applicable to situations having an international character. The course also deals with the legal framework regulating the relations between subjects of international law, through the study of the subjects and the sources of international law, the law of international responsibility, immunity and the use of force.

    AIMS AND CONTENT

    LEARNING OUTCOMES

    At the end of the course, students will have acquired the methodological tools and the general competences of public and private international law. They will be able to understand and analyse current legal questions concerning international and trasnational relations, as well as to autonomously identify possible solutions to open issues.

    AIMS AND LEARNING OUTCOMES

    In its first part, the course aims at providing the students with the fundamental notions of private international law, through the analysis of the rules applied to identify the law applicable to situations having a “transfrontier” character and by focussing on the application of foreign law by Italian courts.

    In its second part, the course aims at providing the students with the fundamental notions of public international law, with specific regard to the following issues: a) coordination between international law and domestic law; b) the subjects of international law; c) the sources of international law.

    In its third and last part, the course specifically focuses on the main questions of current public international law and aims at providing the students with a solid understanding, knowledge and attitude to critical assessment with regard to the following issues: a) international responsibility; b) territorial sovereignty and immunity; c) resolution and prevention of international disputes; d) the use of force in international relations.

    The individual study, the attendance of lectures and the participation to the proposed activities will allow the students to:

    • Identify, understand and apply the conflict-of-law rules applied to identify the law applicable to situations having an international character, with specific regard to the application of foreign law by Italian courts;
    • remember, identify and understand the subjects of international law and the fundamental principles governing the structure and the functioning of the international community;
    • identify and analyse the sources of international law as well as understand and apply their rules;
    • understand and analyse the coordination between international and domestic law;
    • understand and critically assess the main questions of current public international law, with specific regard to international responsibility, territorial sovereignty and immunity, resolution and prevention of international disputes, the use of force in international relations;
    • identify and apply the most relevant rules in the aforementioned areas of law, also through the analysis of case studies;
    • read and critically assess, with independence of judgment, scientific contributions in the areas of public and private international law, judgments of international courts, as well as domestic judgments dealing with issues of international law;
    • express themselves in a technically appropriate manner.

    TEACHING METHODS

    The course is held in English and consists of 54 hours of lectures given by the course holder (Teams code: 328g6qm). The lectures will focus on the presentation and the analysis of the main theoretical notions of public and private international law as well as on the discussion of practical cases and examples. Teaching materials will be made available on the University portal www.aulaweb.unige.it. Occasionally, qualified guests such as scholars or professionals experts in the area of international law might be invited with a view to improving the understanding of the practical implications of this area of law.

    SYLLABUS/CONTENT

    Part 1. Private International Law. General issues. Conflict-of-law rules. The connecting criteria. Coordination between connecting criteria. The renvoi. Ascertainment and application of foreign law. Public order and overriding mandatory provisions.

    Part 2. Public international law. Subjects and actors of the international community. The sources of international law. The coordination between international law and domestic law.

    Part 3. The law of immunity. Use of force. Violation of international law and international responsibility. Solution 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 on the University portal www.aulaweb.unige.it.

    Textbooks and recommended readings for students attending the lectures

    Part 1:

    A. V.M. Struycken, Co-ordination and Co-operation in Respectful Disagreement: General Course on Private International Law, in Recueil des Cours de l’Académie de droit international de La Haye, vol. 311, 2004: chapters 3 (par. 1-4), 4 (par. 1, 2, 7), 5 (par. 1-6.1), 6, 11, 13, 14 (par. 1-3), 15 (par. 1).

    A. Giardina, Italy: Law Reforming the Italian System of Private International Law, in International Legal Materials, Volume 35, Issue 3, May 1996, pp. 760 – 782.

    Parts 2 and 3:

    J. Crawford, Brownlie’s Principles of Public International Law, Oxford University Press, with regard to the following chapters 1, 2, 3, 4, 5, 6, 16, 22, 25, 26 e 33.

    Textbooks and reccomended readings for students non-attending the lectures

    Part 1:

    A. V.M. Struycken, Co-ordination and Co-operation in Respectful Disagreement: General Course on Private International Law, in Recueil des Cours de l’Académie de droit international de La Haye, vol. 311, 2004: chapters 1, 2 (par. 1.1-1.4), 3 (par. 1-4), 4 (par. 1, 2, 7), 5 (par. 1-6.1), 6, 11, 13, 14 (par. 1-3), 15 (par. 1).

    A. Giardina, Italy: Law Reforming the Italian System of Private International Law, in International Legal Materials, Volume 35, Issue 3, May 1996, pp. 760 – 782.

    Parts 2 and 3:

    J. Crawford, Brownlie’s Principles of Public International Law, Oxford University Press, with regard to the following chapters 1, 2, 3, 4, 5, 6, 16, 22, 25, 26 e 33.

    TEACHERS AND EXAM BOARD

    Exam Board

    SIMONE CARREA (President)

    PAOLA IVALDI

    FRANCESCA BANDINI (Substitute)

    ELENA GUALCO (Substitute)

    SARAH LATTANZI (Substitute)

    LESSONS

    LESSONS START

    I semester from 19th September to 9th December 2022 (12 weeks).

    Class schedule

    All class schedules are posted on the EasyAcademy portal.

    EXAMS

    EXAM DESCRIPTION

    The exam is sustained in oral form. Only the students attending at least 2/3 of the lessons are entitled to take the exam through two written tests: the first one at the end of Part 1 and the second at the end of Part 2 and 3. As far as written tests are concerned, the students answer 20 questions with multiple answer (for maximum 20 points) and one open question (for maximum 10 points), without the possibility to examine legal sources. Each correct answer to the questions at multiple answer is evaluated 1/20. The final mark is represented by the average between the mark obtained in the first test (at the end of Part 1) and in the second test (at the end of Part 2 and 3). Students can also decide to sustain only one of the written test and sustain the other part of the exam in oral form. The same rule applies if the student fails one of the tests (obtaining less than 18/30).

    ASSESSMENT METHODS

    The oral and the written exam aim at verifying the effective knowledge and the acquisition by the students of the theoretical notions explained in the course, as well as their ability to comprehend and apply the rules of International Law concerning specific issues. Through questions of theoretical and practical nature, it will be verified whether the students are able 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, distinguish and comprehend the subjects and rules regulating the structure and the functioning of the international community;

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

    - identify and define relevant concepts and comprehend the technical legal language of the matter.

    Exam schedule

    Date Time Location Type Notes
    12/12/2022 09:00 GENOVA Orale
    09/01/2023 09:00 GENOVA Orale
    23/01/2023 09:00 GENOVA Orale
    08/05/2023 09:00 GENOVA Orale
    22/05/2023 09:00 GENOVA Orale
    12/06/2023 09:00 GENOVA Orale
    10/07/2023 09:00 GENOVA Orale
    11/09/2023 09:00 GENOVA Orale