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 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. 

TEACHING METHODS

The Course consists of frontal lectures, for a total of 54 hours (9 CFU), having as an object the fundamental theoretical notions of public and Private International Law, as well as the presentation and analisis of practical cases. 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. 

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 on 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, 9ª ed., UTET, Milano, 2020, Chapters I, III e IV.

Parts 2 and 3: Aa.Vv., Istituzioni di diritto internazionale, 6ª 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, 9ª ed., UTET, Milano, 2020, Chapters I, III e IV.

Parts 2 and 3: Aa.Vv., Istituzioni di diritto internazionale, 6ª ed., Giappichelli, Torino, 2021, Chapters from I to XI.