OVERVIEW

The course of International Law, divided in three parts. The first part is devoted to an analysis of the norms of private international law aimed at identifying the rules applicable to situations of a cross-border nature and the applicability in the Italian legal system of rules in force in foreign legal systems. In its further parts, the course focuses on issues of 'public' international law: in the second part, it deals with the structure of the international community and with the sources of international law, in their relations with each other and with those of domestic law; in the third and last part, it finally addresses the content of certain fundamental rules of international law, governing - in particular - immunities, international responsibility, dispute resolution and the use of force in international relations.

AIMS AND CONTENT

LEARNING OUTCOMES

At the end of the course, students will have acquired the methodological tools and general skills relating to public and private international law, will be able to understand and analyse current legal issues concerning international and transnational relations and will be able to independently develop possible solutions to open questions.

AIMS AND LEARNING OUTCOMES

In the first part, the course aims at providing students with fundamental notions of Private International Law (PIL), through the study of the rules concerning:

• the coordination of the different sources (national, international and EU) of PIL;
• the law applicable to cross-border situations;
• 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:

• subjects of International Law;
• sources of International Law;
• the mutual coordination of sources of International Law and the adaptation of national 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:

• state sovereignty and immunity;
• international responsibility;
• 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 a) frontal lectures, for a total of 54 hours (9 CFU), having as an object the fundamental theoretical notions of public and Private International Law and might include b) guided presentation and analisis, by the students, of practical cases (evaluated also for the purpose of the final mark of the exam). 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.

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, 11ª ed., UTET, Milan, 2024, with specific regard to chapters I, III e IV.

Parts 2 and 3: Aa.Vv., Istituzioni di diritto internazionale, 6ª ed., Giappichelli, Turin, 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, 11ª ed., UTET, Milan, 2024, with specific regard to Chapters I, III e IV.

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

TEACHERS AND EXAM BOARD

Exam Board

PAOLA IVALDI (President)

LORENZO SCHIANO DI PEPE

SIMONE CARREA (President Substitute)

MARIA CHIARA ACCARDO (Substitute)

FRANCESCA BANDINI (Substitute)

MATTEO BEDENDI (Substitute)

GUGLIELMO BONACCHI (Substitute)

CHIARA CELLERINO (Substitute)

MARIA ELENA DE MAESTRI (Substitute)

GIULIA DEMONTIS (Substitute)

STEFANO DOMINELLI (Substitute)

CHIARA GAMBINO (Substitute)

FRANCESCA MAOLI (Substitute)

FRANCESCO PESCE (Substitute)

CHIARA ENRICA TUO (Substitute)

LESSONS

LESSONS START

a.y. 2024-2025, I semester: from September 2024, 16

Class schedule

INTERNATIONAL LAW A

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 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).

Presentations of cases by the students -of which account will also be taken with a view to determining the final mark- will contribute to the development of specific competences in the area of public speaking and team work.

ASSESSMENT METHODS

The oral and the written exam aim at verifying  i) the effective knowledge and the acquisition by the students of the theoretical notions explained in the course, as well as ii) the ability of the students 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 student is 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