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

AIMS AND CONTENT

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.

TEACHERS AND EXAM BOARD

Exam Board

SIMONE CARREA (President)

PAOLA IVALDI

FRANCESCA BANDINI (Substitute)

MATTEO BEDENDI (Substitute)

GUGLIELMO BONACCHI (Substitute)

STEFANIA CASIGLIA (Substitute)

ELENA GUALCO (Substitute)

SARAH LATTANZI (Substitute)

LESSONS

LESSONS START

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

Class schedule

The timetable for this course is available here: Portale EasyAcademy

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 student answers 30 questions with multiple answer (for maximum 30 points), without the possibility to examine legal sources. Each correct answer to the questions at multiple answer is evaluated 1/30. 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