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 (Corte di Cassazione and International courts) and legislative texts (law 218/95, reg. UE 1215/2012; Vienna convention on the law of the Treaties; UN Charter) of particular relevance and utility for the comprehension of the subjects covered will be published in Aulaweb and will constitute part of the programme for students attending lectures. For students non attending lectures they will be suggested reding materials (optional).

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 and will be part of the programme for attending students.

Textbooks for students attending the lectures:
Parts 1 and 2: Aa.Vv., Istituzioni di diritto internazionale, 6ª ed., Giappichelli, Torino, 2021, capitoli da I a VIII.

Part 3: F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale. Vol. I - Parte generale e obbligazioni, 9ª ed., UTET, Milano, 2020, limitatamente ai capitoli I, III e IV.

Textbooks  for non-attending students:

Parts 1 and 2: Aa.Vv., Istituzioni di diritto internazionale, 6ª ed., Giappichelli, Torino, 2021, capitoli da I a XI.

Part 3: F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale. Vol. I - Parte generale e obbligazioni, 9ª ed., UTET, Milano, 2020, limitatamente ai capitoli I, III e IV.