INTERNATIONAL LAW

INTERNATIONAL LAW

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iten
Code
64934
ACADEMIC YEAR
2019/2020
CREDITS
9 credits during the 3nd year of 7995 LAW (LMG/01) GENOVA
SCIENTIFIC DISCIPLINARY SECTOR
IUS/13
LANGUAGE
Italian
TEACHING LOCATION
GENOVA (LAW)
semester
1° Semester
sectioning
This unit is divided into 2 sections: A, B. This page refers to the section
Teaching materials

OVERVIEW

The course of International Law, divided in three parts, is dedicated at the study of the rules of public international law, through the study of the subjects of international law, the sources of international law (part 1), rules on international responsability, immunity, use of force and resolution of international disputes (part 2). The Course will also examine rules on the law applicabile to cross-border matters and the functioning of foreign laws in the Italian legal system (part 3).

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 particular, the course of International Law is aimed, in its first part, at equipping students with the fundamental notions on public international law, with particular reference to PArt 1:

  • Subjects of international law
  • Sources of international law
  • The mutual coordination of sources of international law and the adaptation of national law

In the second part (part 2), the course will focus on the main themes of contemporary public international law, aiming at equipping students with solid juridic notions, an adequate comprehension and a critical evaluation on the following issues:

  • International responsability
  • State sovereignity and immunity
  • Prevention and resolution of international disputes
  • Use of force in international law

In the third part (part 3), the Course aims at equipping students with fundamental notions of private international law, through the study of the rules concerning the law applicabile to cross-border matters and the functioning of foreign laws in the Italian legal system.

Individual study, as well as the frequency and partecipation 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 the rules deriving from it;
  • 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 responsibility, State sovereignity, 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;
  • Identify, comprehend and apply the rules concerning the law applicabile 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 54 hours (9 CFU), having as a object the fundamental teoric notions of public and private international law, as well as the presentation and analixis 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 on particular matters or legal professionals may be invited to the lessons. In this way, students wil acquire further knowledge and awareness on the concrete dimension of the subject.

SYLLABUS/CONTENT

Part 1: 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 2: Substantive international law: immunities; use of forse; international wrongdoins; State responsibility; settlement of international disputes.

Part 3: Private international law: fundamental elements; conflict of laws; connection critieria 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 reccomended readings for students attending the lectures:
Parts 1 and 2: Aa.Vv., Istituzioni di diritto internazionale, 5ª ed., Giappichelli, Torino, 2016, capitoli da I a VIII.

Part 3: F. Mosconi, C. Campiglio, Diritto internazionale privato e processuale. Vol. I - Parte generale e obbligazioni, 8ª ed., UTET, Milano, 2019, Chapters I, III e IV.


Textbooks and reccomended readings for non-attending students:

Parts 1 and 2: Aa.Vv., Istituzioni di diritto internazionale, 5ª ed., Giappichelli, Torino, 2016, capitoli da I a XI.

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 e IV.

TEACHERS AND EXAM BOARD

Ricevimento: Tuesday from 10.30 to 12.00 a.m., Department of Political Sciences (Albergo dei Poveri, Torre Ovest, second floor at the level of the Library)

Exam Board

ILARIA QUEIROLO (President)

PIETRO SANNA

GIOVANNI SCIACCALUGA

MATTEO SOMMELLA

FRANCESCO PESCE

ELENA MARESCA

MATTEO DANIELE

MARIA ELENA DE MAESTRI

STEFANO DOMINELLI

FRANCESCA MAOLI

LAURA CARPANETO

LESSONS

Teaching methods

The Course foresees frontal lectures, for a total of 54 hours (9 CFU), having as a object the fundamental teoric notions of public and private international law, as well as the presentation and analixis 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 on particular matters or legal professionals may be invited to the lessons. In this way, students wil acquire further knowledge and awareness on the concrete dimension of the subject.

LESSONS START

I semester from September 16th to December 6th 2019 (12 weeks)
II semester from February 17th to May 9th 2020 (12 weeks)

EXAMS

Exam description

The exam is in oral form and is usually articulated in three/four open questions.

Students attending at least 2/3 of the lessons can choose to sustain the exam through written tests. Each written test consists in 30 multiple-choice questions, in 30 minutes, without consultation of any materials. The final mark is the results of the weighted average of the result of each test. Students can sustain only one of the written test, sustaining the other part of the exam in oral form. The same rule apply if the student fails one of the tests (obtaining less than 18/30).

Assessment methods

The oral and the written exam aim at verify the effective knowledge and the acquisition by the student of the teoric notions explained in the course, as well as his/her ability to comprehend and apply the rules of international law concerning specific issues. Through questions of teoretical and practical nature, it will be verified wether the student is able to:

- remember, identify, distinguish and comprehend the subjects and rules disciplinating 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 applicabile to cross-border matters and the functioning of foreign laws in the Italian legal system;

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