INTERNATIONAL LAW

INTERNATIONAL LAW

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iten
Code
57012
ACADEMIC YEAR
2019/2020
CREDITS
10 credits during the 3nd year of 8768 International and Diplomatic Sciences (L-36) GENOVA
SCIENTIFIC DISCIPLINARY SECTOR
IUS/13
LANGUAGE
Italian
TEACHING LOCATION
GENOVA (International and Diplomatic Sciences)
semester
1° Semester
Teaching materials

OVERVIEW

The course, divided in three parts, is dedicated to the study of 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 liability, immunity, use of force and resolution of international disputes. The Course will also examine the rules concerning the law applicable to cross-border matters and the functioning of foreign laws in the Italian legal system.

AIMS AND CONTENT

LEARNING OUTCOMES

The course of International Law offers students the knowledge and methodological instruments necessary for an adequate understanding as well as a critical assessment of the main issues of contemporary public and private International Law. In this view, the course is organized in three parts concerning, first of all, the analysis of the conflict of laws rules used to select the applicable law to cross-border situations, as well as the application, within the Italian legal system, of foreign law (Part 3). Additionally, the course is devoted to the fundamentals of Public International Law, with specific reference to the subjects, sources and their coordination also in domestic law (Part 1), and to the critical study of the content of the specific provisions of International Law concerning liability of States for international wrongdoings, immunities, use of force, and settlement of international disputes (Part 2).

AIMS AND LEARNING OUTCOMES

In particular, the course of International Law is aimed at giving students fundamental notions on public international law, with particular reference to: actors of international law, sources of law and their coordination at the international and domestic level. Subsequently, the course will deepen contemporary public international law matters so as to enable students to individually and critically address international liability; State sovereignty and immunity; prevention and resolution of international disputes; and use of force in international law.

Moreover, classes aim at equipping students with fundamental notions of private international law, through the study of the rules concerning the law applicable to cross-border matters and the functioning of foreign laws in the Italian legal system.

 

Individual study, as well as the frequency and attendance 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 relevant rules; 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 liability, State sovereignty, immunity, prevention and resolution of international disputes, use of force in international law and armed conflicts; 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 applicable 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 60 hours (10 CFU), having as object the fundamental theories of public and private international law, as well as the presentation and analysis of practical cases. Decisions and legislative texts of particular relevance and utility for the comprehension of the subjects covered will be published in Aulaweb.

 

Scholars and experts may be invited as discussants to lessons. In this way, students will acquire further knowledge and awareness on the concrete dimension of the subject.

SYLLABUS/CONTENT

Part 1 and 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; immunities; use of force; international wrongdoings; State liability; settlement of international disputes.

 

Part 3: 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.

RECOMMENDED READING/BIBLIOGRAPHY

 

Decisions and legislative texts of particular relevance and utility for the comprehension of the subjects covered will be published in Aulaweb.

 

Textbooks and recommended readings for students attending the lectures:

 

Part 1 and 2: Aa.Vv., Istituzioni di diritto internazionale, 5ª ed., Giappichelli, Torino, 2016, chapters I to VII (pp. 1-47; 49-87; 91-126; 130-180; 183-227; 229-266; 269-308; 311-371).

 

Part 3: F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale. Vol. I - Parte generale e obbligazioni, 8ª ed., UTET, Milano, 2017,  chapters I, III and IV (pp. 1-48; 175-231; 235-285).

 

 

 

Textbooks and recommended readings for non-attending students:

 

Part 1 and 2: Aa.Vv., Istituzioni di diritto internazionale, 5ª ed., Giappichelli, Torino, 2016, chapters I to XI.

 

Part 3: F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale. Vol. I - Parte generale e obbligazioni, 8ª ed., UTET, Milano, 2017, only chapters I, III and IV.

TEACHERS AND EXAM BOARD

Ricevimento: Wednesdaya, from 10.00-12.00, without need for an appointment, at the offices at Alebrgo dei Poveri building (for meeting in different days or different hours, please make an appointment by email). Imperia: Before and after oral exams.

Exam Board

STEFANO DOMINELLI (President)

PIETRO SANNA

GIOVANNI SCIACCALUGA

MATTEO SOMMELLA

ILARIA QUEIROLO

FRANCESCA MAOLI

MATTEO DANIELE

MARIA ELENA DE MAESTRI

LAURA CARPANETO

FRANCESCO PESCE

LESSONS

Teaching methods

The Course foresees frontal lectures, for a total of 60 hours (10 CFU), having as object the fundamental theories of public and private international law, as well as the presentation and analysis of practical cases. Decisions and legislative texts of particular relevance and utility for the comprehension of the subjects covered will be published in Aulaweb.

 

Scholars and experts may be invited as discussants to lessons. In this way, students will acquire further knowledge and awareness on the concrete dimension of the subject.

LESSONS START

See the official calendar.

EXAMS

Exam description

The exam is oral, and held in Italian. At the oral examination, three to four questions are usually asked to evaluate the preparation of students.

 

Students attending at least 2/3 of classes can take interim written multiple-answer tests in lieu of the oral examination. Students can give only one of the written tests, taking the rest of the exam at the oral session. A sufficient mark in the written tests exonerates students 

Assessment methods

The oral and the written exam aim at verify the effective knowledge and the acquisition by the student of theories explained in class, as well as the ability to comprehend and apply rules of international law concerning specific issues. Through questions of theoretical and practical nature, it will be verified whether the student is able to:

 

- remember, identify, distinguish and comprehend the subjects and rules governing the structure and the functioning of the international community;

 

- identify, comprehend and apply the fundamental rules concerning international relations;

 

- identify, comprehend and apply the rules concerning the law applicable to cross-border matters and the functioning of foreign laws in the Italian legal system;

 

- identify and define legal concepts, comprehending the legal language.

Exam schedule

Date Time Location Type Notes
07/09/2020 09:00 GENOVA Orale