2019/2020

2021/2022

DM270

IUS/13 (INTERNATIONAL LAW)

DEPARTMENT OF POLITICAL AND SOCIAL SCIENCES

POLITICAL SCIENCE AND INTERNATIONAL RELATIONS

Studi internazionali

3°

2nd semester (28/02/2022 - 31/05/2022)

6

40 lesson hours

Italian

ORAL TEST

RICCI CAROLA (titolare) - 6 ECTS

The exam of "Istituzioni di diritto pubblico" must be passed in advance.

The course aims at providing students with a basic knowledge of the rules governing the international legal system, as well as an introduction to private international law (PIL). Upon completion of the course, students will be able to critically use legal tools, specifically primary sources of IL and case-law developed by international and national courts.

The course programme will be divided in two main sections. A) PUBLIC INTERNATIONAL LAW. Features of the international legal system: discussion of a practical example. The State according to international law. Events affecting the legal personality of States. International rules in constitutional matters. International organizations as subjects of international law. The international legal personality of other entities. The sources of International law (customs, treaties, jus cogens, common principles rules, soft law rules). The implementation of International law in municipal law: constitutional guarantees and ways of implementation. Limits to domestic jurisdiction, diplomatic protection, immunity of States from jurisdiction, also in case of commission of international crimes. International responsibility of individuals. Basics on international repression of International crimes. Basics on different forms of dispute settlement resolution.
B) INTRODUCTION TO PRIVATE INTERNATIONAL LAW. The sources of PIL (international, regional/European, national). Function and general rules of private international law: elements of the conflict-of-laws provisions, the issue of characterisation, the problem of “renvoi”, the due knowledge of foreign legal systems (“iura aliena novit curia”), mandatory rules and public order, non-unified legal systems, on the basis of the relevant provisions of Law No 218/1995, explained also through case analysis.

The course consists of lectures and some seminars with guest speakers (which may be in English) and discussions on specific cases and topical issues. Materials for discussion, including in particular case-law by international and national courts, will be available to attending students on the kiro platform. Two modules will be delivered to the class: the first and prominent one on public international law, the second on the basics of private international law. In the first module, the theory will be complemented by the critical analysis of the most relevant case-law by national and international courts, facilitating through discussion in class the reflection on actual events (not decided yet), while the second will be dedicated to the basic questions of PIL as regulated by Law No 218/1995 and applied in practice. Attendance required is 75%.

For non attending students:
1. As for Public International Law: one of the two following texts:
(i) B. CONFORTI, Diritto internazionale, 12th ed. by M. Iovane, Napoli, Editoriale Scientifica, 2021 or
(ii) A. CASSESE, Diritto internazionale, 4th ed. by M.Frulli, 2021, Bologna, Il Mulino.
As an addictional non-compulsory tool for the students, a very useful collection of the main legal materials to which the part of the course dedicated to public international law will be referred, is (in Italian): R. LUZZATTO, F. POCAR, F.C. VILLATA, Codice di diritto internazionale pubblico, 8th ed., Giappichelli, Torino, 2020.

2. As for Private International Law:
F. MOSCONI, C. CAMPIGLIO, Diritto internazionale privato e processuale, Parte generale e contratti, 9th ed., Torino, Utet, 2020, chapters I, III, IV.

For attending students, please refer to the specific materials indicated in the on-line platform 'Kiro'.

Oral examination both on public and private international law.
Exception will be made for attending students only in the first session of exams, since they will be able to opt for the written examination (in the latter case, they will be able to confirm the positive performance following the instructions provided for during class and on the kiro platform in due course); in all the following sessions the attending students will be admitted to the oral examination only on the theory and practice presented and discussed in class (as indicated on the web page of the course published on kiro as "Programma Studenti Frequentanti 2020-2021").
Erasmus students will be admitted to take the oral exam in English as well.
The oral exam usually consists of three questions: two on issues of Public International Law (the first one on a general feature of public international law requiring the ability of matching theory and practice, while the second one more focused on a specific issue, demonstrating the individual study and futher personal reflection); one on the basics of Private International Law (mostly devoted to the theoretical part).
The exam will evaluate the overall command of the student to solve practical issues through the legal reasoning based on the aquired knowledge showed by: (a) capacity to identify the proper legal framework; (b) ability to present the argument that brings to the proper answer, gradually moving from the premise; (c) relevance and appropriateness of the recalled legal sources (rules, case-law, Scholars' position), and (d) capability to propose a critical view of the presented issues.
For students attending the course, active participation in class is a plus and will be evaluated as part of the final mark.

A study visit to the International Courts sitting in The Hague could be organised, in conformity with anti-COVID 19 existing rules and upon availability of the hosting International Organisations. Participation will be free but at the expenses of the attending students admitted.

2 (2.1); 10; 16; 17
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