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

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 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.

PREREQUISITES

• ISTITUZIONI DI DIRITTO PRIVATO
• DIRITTO COSTITUZIONALE I

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, 2019, 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, 2019, 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

MARIA CHIARA ACCARDO (Substitute)

FRANCESCA BANDINI (Substitute)

MATTEO BEDENDI (Substitute)

GUGLIELMO BONACCHI (Substitute)

GIULIA DEMONTIS (Substitute)

ELENA GUALCO (Substitute)

SARAH LATTANZI (Substitute)

LESSONS

LESSONS START

I semester from 19th September to 9th December 2023 (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 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).

During the course students will also have the possibility to take part in case studies (of which account will be taken also for the purpose of determining the final mark) which will make it possible to assess also the development of specific competences in the area of group work and public speaking.

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