INTERNATIONAL LAW
- Overview
- Assessment methods
- Learning objectives
- Contents
- Bibliography
- Teaching methods
- Contacts/Info
No prerequisites
The final exam shall be an oral one. However, written tests may be contemplated in order to verify knowledge, language capabilities and independence of judgment in international law issues.
The course is aimed at providing a basic knowledge of the features and main institutions of the international community legal system, in order to allow the understanding of the rules and procedures on which relations between States are based. The course also means to give a basic knowledge of international private and procedural law, which is necessary to deal with the key issues of this discipline, such as the determination of jurisdiction in cases featuring elements related to foreign countries, the ascertainment of the applicable law in cases featuring connections with different legal systems and the recognition of foreign judgments. The course also means to provide the students with the ability to analyze international documents, to study international cases and controversies and to come up with appropriate solutions. Students are expected to be able to correctly recognize the essential elements and the functioning of the rules of public and private international law, as well as to analyze and solve practical cases with reference to the main features of the subject (application of treaties, international responsibility, determination of the law applicable to cases with extraneous elements). The course endeavors to foster the student’s capacity to utilize in an appropriate fashion the legal language employed in the field which constitutes the subject matter of study and the ability to argue with independence of judgment and by the means of evaluation instruments aimed at correctly applying the rules that have been studied.
As to public international law, the course concerns the study of the sources of international law, with particular reference to customs and treaties, the analysis of the subjects of international law and their features as well as of the bodies for international relations. The efficacy of international rules in the domestic legal system, the rules of international offences and responsibility, international controversies and their solution (arbitration and jurisdiction), the collective security system, the use of force and international protection of human rights are also subject of analysis. With regard to private international law, the course concerns the sources of private and procedural international law (national, international and Community sources), the international competence of Italian judges, the recognition and enforcement of foreign judgments. Law applicable to cases featuring elements related to foreign countries, the structure of a rule of international private law, the cases and criteria of connection, as well as the application and interpretation of international private law provisions are also subject of analysis.
The course is completed by the study of the law applicable to the legal capacity of natural and legal persons, to the individual’s rights, to rights in rem, to family relationships and to successions, to contractual and non-contractual obligations.
CARBONE, LUZZATTO, SANTA MARIA, Istituzioni di diritto internazionale, orino, Giappichelli, 2016, Chapters I, II, III, IV, VI, VII, VIII e IX. The knowledge of the main relevant international documents is required, with particular reference to the United Nations Charter, the Statute of the International Court of Justice, the Conventions on the law of treaties, and the Draft Articles of the international law Commission on responsibility. The related texts are available in CONETTI, MIGLIORINO, SCOVAZZI, Testi di base per lo studio del diritto internazionale, 3° ed., Milano, 2006.CONETTI, TONOLO, VISMARA, Manuale di diritto internazionale private, Torino, Giappichelli, 2017. For an in-depth analysis and discussion with regard to specific cases, it is also suggested CONETTI, Questioni di diritto internazionale privato e processuale, Padova, Cedam, 2000.
During the first semester, the course revolves around the study of public international law, the organization of the international community and the tools which ensure the enforcement of international law. In the second semester, the course focuses on the relevant issues related to private and procedural international law, with particular reference to domestic legislation as well as to legislation originated in the international context and that deriving from the legal system of the European Union. The course is composed of 70 class hours, divided between the first and the second semester. Classes include the analysis of applicable law, of orientations by scholars and case law, including the European Court of Justice case law, and the discussion over cases featuring elements related to foreign countries particularly in regard to the issues related to applicable law, ascertainment of jurisdiction and recognition of judgments.
Appointment times to be agreed with the teacher