Giurisprudenza | International Law

cod. 0160100036

INTERNATIONAL LAW

	0160100036
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2017/2018

PERCORSO COMUNE

	OBBLIGATORIO
	YEAR OF COURSE 2
	YEAR OF DIDACTIC SYSTEM 2012
	PRIMO SEMESTRE

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/13	9	81	LESSONS	COMPULSORY SUBJECTS, CHARACTERISTIC OF THE CLASS

	Objectives
	THIS COURSE AIMS AT ALLOWING STUDENTS TO ACQUIRE KNOWLEDGE AND BASIC UNDERSTANDING OF THE INSTITUTIONAL ASPECTS AND OF THE STRUCTURE OF THE INTERNATIONAL LEGAL ORDER AND COMMUNITY, AS WELL AS OF THE MAIN REGIMES OF SUBSTANTIVE LAW, EXPLAINING THEIR ORIGINS, EVOLUTION AND THE MOST RECENT NORMATIVE, INSTITUTIONAL AND JURISPRUDENTIAL DEVELOPMENTS. THIS COURSE INTENDS TO PROVIDE STUDENTS WITH THOSE CONCEPTUAL AND METHODOLOGICAL TOOLS NECESSARY TO CORRECTLY INTERPRET AND APPLY INTERNATIONAL LAW IN THE EXERCISE OF LEGAL PROFESSIONS AND OF ANY OTHER PROFESSIONAL ACTIVITY IN ITALY AND ABROAD. THE COURSE AIMS AT ACHIEVING THE FOLLOWING LEARNING OUTCOMES AND APPLICATIVE CAPABILITIES: GENERAL KNOWLEDGE OF THE INTERNATIONAL LEGAL ORDER AND OF THE SUBJECTS/ACTORS OF THE INTERNATIONAL COMMUNITY; ABILITY TO EXAMINE, WITH FULL AWARENESS, THE LEGAL PROBLEMS ARISING IN THE CONTEXT OF INTERNATIONAL RELATIONS AND THE SOLUTIONS PROVIDED BY INTERNATIONAL LAW; ACQUISITION OF ANALYTICAL SKILLS NECESSARY TO RESOLVE COMPLEX PROBLEMS OF INTERNATIONAL LAW ARISING IN NATIONAL AND INTERNATIONAL WORK CONTEXTS.

THIS COURSE AIMS AT ALLOWING STUDENTS TO ACQUIRE KNOWLEDGE AND BASIC UNDERSTANDING OF THE INSTITUTIONAL ASPECTS AND OF THE STRUCTURE OF THE INTERNATIONAL LEGAL ORDER AND COMMUNITY, AS WELL AS OF THE MAIN REGIMES OF SUBSTANTIVE LAW, EXPLAINING THEIR ORIGINS, EVOLUTION AND THE MOST RECENT NORMATIVE, INSTITUTIONAL AND JURISPRUDENTIAL DEVELOPMENTS.
THIS COURSE INTENDS TO PROVIDE STUDENTS WITH THOSE CONCEPTUAL AND METHODOLOGICAL TOOLS NECESSARY TO CORRECTLY INTERPRET AND APPLY INTERNATIONAL LAW IN THE EXERCISE OF LEGAL PROFESSIONS AND OF ANY OTHER PROFESSIONAL ACTIVITY IN ITALY AND ABROAD.
THE COURSE AIMS AT ACHIEVING THE FOLLOWING LEARNING OUTCOMES AND APPLICATIVE CAPABILITIES: GENERAL KNOWLEDGE OF THE INTERNATIONAL LEGAL ORDER AND OF THE SUBJECTS/ACTORS OF THE INTERNATIONAL COMMUNITY; ABILITY TO EXAMINE, WITH FULL AWARENESS, THE LEGAL PROBLEMS ARISING IN THE CONTEXT OF INTERNATIONAL RELATIONS AND THE SOLUTIONS PROVIDED BY INTERNATIONAL LAW; ACQUISITION OF ANALYTICAL SKILLS NECESSARY TO RESOLVE COMPLEX PROBLEMS OF INTERNATIONAL LAW ARISING IN NATIONAL AND INTERNATIONAL WORK CONTEXTS.

	Prerequisites
	HAVING PASSED THE EXAMINATION OF CONSTITUTIONAL LAW.

	Contents
	GENERAL PART AS FAR AS THE GENERAL PART IS CONCERNED, THE TEACHING ACTIVITY DEALS WITH PUBLIC INTERNATIONAL LAW, THAT IS TO SAY THE LAW (OR LEGAL ORDER) OF THE COMMUNITY OF STATES. IN THIS CONTEXT, FIRST, THE TEACHING ACTIVITY FOCUSES ON THE FORMATION OF INTERNATIONAL NORMS, IN PARTICULAR, GENERAL INTERNATIONAL LAW NORMS, INTERNATIONAL TREATY LAW NORMS AND SOURCES PROVIDED FOR BY TREATIES, HAVING ALSO REGARD TO THE PHENOMENON OF INTERNATIONAL ORGANIZATIONS (UNITED NATIONS, UNITED NATIONS SPECIALIZED AGENCIES, EUROPEAN UNION, COUNCIL OF EUROPE AND OTHER INTERNATIONAL ORGANIZATIONS). SECOND, THE TEACHING ACTIVITY ANALYZES THE CONTENT OF INTERNATIONAL NORMS, EXAMINING, IN PARTICULAR, THE NORM ON STATE SOVEREIGNTY AND THE LIMITS TO ITS APPLICATION (PUNISHMENT OF INTERNATIONAL CRIMES, ENVIRONMENTAL PROTECTION, TREATMENT OF FOREIGNERS, TREATMENT OF DIPLOMATIC AGENTS AND OTHER ORGANS OF FOREIGN STATES, TREATMENT OF INTERNATIONAL ORGANIZATIONS), AS WELL AS INTERNATIONAL MARITIME LAW, AIRSPACES, COSMIC SPACES AND POLAR REGIONS. THIRD, THE TEACHING ACTIVITY AIMS AT EXAMINING THE APPLICATION OF INTERNATIONAL NORMS WITHIN NATIONAL LEGAL SYSTEMS, THROUGH THE STUDY OF THE ADAPTATION OF NATIONAL LAW TO CUSTOMARY INTERNATIONAL LAW, TREATIES, SOURCES PROVIDED FOR BY TREATIES AS WELL AS EUROPEAN UNION LAW. THE TEACHING ACTIVITY ALSO DEALS WITH THE VIOLATION OF INTERNATIONAL LAW AND ITS CONSEQUENCES, ANALYZING VARIOUS TOPICS, SUCH AS: THE INTERNATIONALLY WRONGFUL ACT AND ITS CONSTITUTIVE ELEMENTS, THE CONSEQUENCES AND THE FORMS OF REPARATION FOR THE WRONGFUL ACT, THE SELF-DEFENSE IN INTERNATIONAL LAW, THE PROHIBITION OF THE USE OF FORCE AND THE UNITED NATIONS COLLECTIVE SECURITY SYSTEM. FURTHERMORE, THE TEACHING ACTIVITY DEVELOPS THE THEME OF THE ASCERTAINMENT OF INTERNATIONAL NORMS WITHIN THE INTERNATIONAL COMMUNITY, BY EXAMINING, IN PARTICULAR, THE ARBITRATION, THE MAIN INTERNATIONAL TRIBUNALS AND METHODS OF PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES. SPECIAL PART AS FAR AS THE SPECIAL PART IS CONCERNED, THE TEACHING ACTIVITY DEALS WITH PRIVATE INTERNATIONAL LAW, THAT IS TO SAY, THE CORPUS OF NORMS THAT EVERY STATE PROVIDES, IN ORDER TO REGULATE SITUATIONS OR RELATIONSHIPS INVOLVING PRIVATE PERSONS (NATURAL PERSONS AND COLLECTIVE BODIES), AND THAT, IN EACH AREA OF NATIONAL LEGAL SYSTEM, ARE NOT COMPLETELY INTERNAL TO SUCH SYSTEM. INDEED, THIS SITUATIONS OR RELATIONSHIPS HAVE SOME ELEMENTS OF INTERNATIONAL OR TRANS-NATIONAL NATURE. IN THIS CONTEXT, THE TEACHING ACTIVITY FOCUSES ON THE FOLLOWING TOPICS: THE SYSTEM OF PRIVATE INTERNATIONAL LAW AND THE LAW REFORM NO. 218/95, HAVING ALSO REGARD TO THE ADAPTATION OF ITALIAN LAW TO INTERNATIONAL AND EUROPEAN UNION LAW CONVENTIONS AS WELL AS TO THE COORDINATION BETWEEN SOURCES OF INTERNATIONAL LAW AND SOURCES OF EUROPEAN UNION LAW; THE NORMS OF PRIVATE INTERNATIONAL LAW; THE COORDINATION BETWEEN VARIOUS NATIONAL LEGAL SYSTEMS; THE OBJECT AND SCOPE OF NORMS OF CONFLICTS; THE CONNECTING FACTORS AND THE BASES OF JURISDICTION; THE APPLICABLE LAW; THE PROBLEM OF RENVOI; THE INTERPRETATION AND THE APPLICATION OF FOREIGN LAW; THE INTERNATIONAL PUBLIC POLICY.

Contents

GENERAL PART

AS FAR AS THE GENERAL PART IS CONCERNED, THE TEACHING ACTIVITY DEALS WITH PUBLIC INTERNATIONAL LAW, THAT IS TO SAY THE LAW (OR LEGAL ORDER) OF THE COMMUNITY OF STATES. IN THIS CONTEXT, FIRST, THE TEACHING ACTIVITY FOCUSES ON THE FORMATION OF INTERNATIONAL NORMS, IN PARTICULAR, GENERAL INTERNATIONAL LAW NORMS, INTERNATIONAL TREATY LAW NORMS AND SOURCES PROVIDED FOR BY TREATIES, HAVING ALSO REGARD TO THE PHENOMENON OF INTERNATIONAL ORGANIZATIONS (UNITED NATIONS, UNITED NATIONS SPECIALIZED AGENCIES, EUROPEAN UNION, COUNCIL OF EUROPE AND OTHER INTERNATIONAL ORGANIZATIONS). SECOND, THE TEACHING ACTIVITY ANALYZES THE CONTENT OF INTERNATIONAL NORMS, EXAMINING, IN PARTICULAR, THE NORM ON STATE SOVEREIGNTY AND THE LIMITS TO ITS APPLICATION (PUNISHMENT OF INTERNATIONAL CRIMES, ENVIRONMENTAL PROTECTION, TREATMENT OF FOREIGNERS, TREATMENT OF DIPLOMATIC AGENTS AND OTHER ORGANS OF FOREIGN STATES, TREATMENT OF INTERNATIONAL ORGANIZATIONS), AS WELL AS INTERNATIONAL MARITIME LAW, AIRSPACES, COSMIC SPACES AND POLAR REGIONS. THIRD, THE TEACHING ACTIVITY AIMS AT EXAMINING THE APPLICATION OF INTERNATIONAL NORMS WITHIN NATIONAL LEGAL SYSTEMS, THROUGH THE STUDY OF THE ADAPTATION OF NATIONAL LAW TO CUSTOMARY INTERNATIONAL LAW, TREATIES, SOURCES PROVIDED FOR BY TREATIES AS WELL AS EUROPEAN UNION LAW. THE TEACHING ACTIVITY ALSO DEALS WITH THE VIOLATION OF INTERNATIONAL LAW AND ITS CONSEQUENCES, ANALYZING VARIOUS TOPICS, SUCH AS: THE INTERNATIONALLY WRONGFUL ACT AND ITS CONSTITUTIVE ELEMENTS, THE CONSEQUENCES AND THE FORMS OF REPARATION FOR THE WRONGFUL ACT, THE SELF-DEFENSE IN INTERNATIONAL LAW, THE PROHIBITION OF THE USE OF FORCE AND THE UNITED NATIONS COLLECTIVE SECURITY SYSTEM. FURTHERMORE, THE TEACHING ACTIVITY DEVELOPS THE THEME OF THE ASCERTAINMENT OF INTERNATIONAL NORMS WITHIN THE INTERNATIONAL COMMUNITY, BY EXAMINING, IN PARTICULAR, THE ARBITRATION, THE MAIN INTERNATIONAL TRIBUNALS AND METHODS OF PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES.

SPECIAL PART

AS FAR AS THE SPECIAL PART IS CONCERNED, THE TEACHING ACTIVITY DEALS WITH PRIVATE INTERNATIONAL LAW, THAT IS TO SAY, THE CORPUS OF NORMS THAT EVERY STATE PROVIDES, IN ORDER TO REGULATE SITUATIONS OR RELATIONSHIPS INVOLVING PRIVATE PERSONS (NATURAL PERSONS AND COLLECTIVE BODIES), AND THAT, IN EACH AREA OF NATIONAL LEGAL SYSTEM, ARE NOT COMPLETELY INTERNAL TO SUCH SYSTEM. INDEED, THIS SITUATIONS OR RELATIONSHIPS HAVE SOME ELEMENTS OF INTERNATIONAL OR TRANS-NATIONAL NATURE. IN THIS CONTEXT, THE TEACHING ACTIVITY FOCUSES ON THE FOLLOWING TOPICS: THE SYSTEM OF PRIVATE INTERNATIONAL LAW AND THE LAW REFORM NO. 218/95, HAVING ALSO REGARD TO THE ADAPTATION OF ITALIAN LAW TO INTERNATIONAL AND EUROPEAN UNION LAW CONVENTIONS AS WELL AS TO THE COORDINATION BETWEEN SOURCES OF INTERNATIONAL LAW AND SOURCES OF EUROPEAN UNION LAW; THE NORMS OF PRIVATE INTERNATIONAL LAW; THE COORDINATION BETWEEN VARIOUS NATIONAL LEGAL SYSTEMS; THE OBJECT AND SCOPE OF NORMS OF CONFLICTS; THE CONNECTING FACTORS AND THE BASES OF JURISDICTION; THE APPLICABLE LAW; THE PROBLEM OF RENVOI; THE INTERPRETATION AND THE APPLICATION OF FOREIGN LAW; THE INTERNATIONAL PUBLIC POLICY.

	Teaching Methods
	THE TEACHING ACTIVITY CONSISTS OF 81 HOURS LESSONS AND IS STRUCTURED IN THEORETICAL LESSONS ON GENERAL PROFILES OF THE MATTER AS WELL AS IN SEMINARS AND PRACTICAL LESSONS CONCERNING THE EXAMINATION OF JUDICIAL DECISIONS AND PRACTICAL CASES. STUDENTS ARE PROVIDED WITH THE FOLLOWING DOCUMENTATION: PUBLICATIONS, OFFICIAL DOCUMENTS AND NORMATIVE AND JUDICIAL ACTS. THE TEACHING ACTIVITY IS STRUCTURED FOR STUDENTS ATTENDING REGULARLY. STUDENTS WHO CANNOT ATTEND REGULARLY THE LESSONS CAN CONTACT THE PROFESSOR FOR ANY INFORMATION OR INTEGRATIVE EXPLANATION.

Teaching Methods

THE TEACHING ACTIVITY CONSISTS OF 81 HOURS LESSONS AND IS STRUCTURED IN THEORETICAL LESSONS ON GENERAL PROFILES OF THE MATTER AS WELL AS IN SEMINARS AND PRACTICAL LESSONS CONCERNING THE EXAMINATION OF JUDICIAL DECISIONS AND PRACTICAL CASES. STUDENTS ARE PROVIDED WITH THE FOLLOWING DOCUMENTATION: PUBLICATIONS, OFFICIAL DOCUMENTS AND NORMATIVE AND JUDICIAL ACTS. THE TEACHING ACTIVITY IS STRUCTURED FOR STUDENTS ATTENDING REGULARLY. STUDENTS WHO CANNOT ATTEND REGULARLY THE LESSONS CAN CONTACT THE PROFESSOR FOR ANY INFORMATION OR INTEGRATIVE EXPLANATION.

	Verification of learning
	THE METHODS VERIFYING THE STUDENTS LEARNING CONSIST IN THE ASSESSMENT, CARRIED OUT DURING LESSONS, SEMINARS AND PRACTICAL LESSONS, OF THE GENERAL KNOWLEDGE OF THE MATTER. TO THIS END, THROUGH INTERACTIVE AND ASSIDUOUS DEBATES WITH STUDENTS, THEY ARE ESTABLISHED THE DEVELOPMENT AND IMPROVEMENT OF A SERIES OF KNOWLEDGE AND SKILLS: ABILITY TO HAVE AN HISTORICAL AND LEGAL OVERVIEW OF INTERNATIONAL LAW; ABILITY TO UNDERSTAND, INTERPRET AND APPLY THE MAIN PROFILES OF INTERNATIONAL LAW; ABILITY TO CRITICALLY INTERPRET COMPLEX DATA AND INFORMATION AND COMPLEMENT THEIR KNOWLEDGE, IN ORDER TO CARRY OUT ASSESSMENTS AND CRITICAL CONSIDERATIONS ABOUT THE PROBLEMATIC ISSUES OF INTERNATIONAL LAW; ABILITY TO DEVELOP, DEEPEN AND IMPROVE, IN A CRITICAL AND AUTONOMOUS WAY, THE ACQUIRED SKILLS. THE FINAL EXAMINATION CONSISTS OF AN ORAL EXAMINATION.

Verification of learning

THE METHODS VERIFYING THE STUDENTS LEARNING CONSIST IN THE ASSESSMENT, CARRIED OUT DURING LESSONS, SEMINARS AND PRACTICAL LESSONS, OF THE GENERAL KNOWLEDGE OF THE MATTER. TO THIS END, THROUGH INTERACTIVE AND ASSIDUOUS DEBATES WITH STUDENTS, THEY ARE ESTABLISHED THE DEVELOPMENT AND IMPROVEMENT OF A SERIES OF KNOWLEDGE AND SKILLS: ABILITY TO HAVE AN HISTORICAL AND LEGAL OVERVIEW OF INTERNATIONAL LAW; ABILITY TO UNDERSTAND, INTERPRET AND APPLY THE MAIN PROFILES OF INTERNATIONAL LAW; ABILITY TO CRITICALLY INTERPRET COMPLEX DATA AND INFORMATION AND COMPLEMENT THEIR KNOWLEDGE, IN ORDER TO CARRY OUT ASSESSMENTS AND CRITICAL CONSIDERATIONS ABOUT THE PROBLEMATIC ISSUES OF INTERNATIONAL LAW; ABILITY TO DEVELOP, DEEPEN AND IMPROVE, IN A CRITICAL AND AUTONOMOUS WAY, THE ACQUIRED SKILLS. THE FINAL EXAMINATION CONSISTS OF AN ORAL EXAMINATION.

	Texts
	GENERAL PART BENEDETTO CONFORTI, DIRITTO INTERNAZIONALE, X EDIZIONE AGGIORNATA (X UPDATED EDITION), EDITORIALE SCIENTIFICA, NAPOLI, 2015 (THE WHOLE VOLUME). OR, ALTERNATIVELY ANTONIO CASSESE, DIRITTO INTERNAZIONALE, SECONDA EDIZIONE (SECOND EDITION), IL MULINO, BOLOGNA, 2013 (THE WHOLE VOLUME). SPECIAL PART FRANCO MOSCONI, CRISTINA CAMPIGLIO, DIRITTO INTERNAZIONALE PRIVATO E PROCESSUALE - VOL. I: PARTE GENERALE E OBBLIGAZIONI, SETTIMA EDIZIONE (SEVENTH EDITION), UTET GIURIDICA, TORINO, 2015 (ONLY CHAPTERS (CAPITOLI): FIRST (PRIMO; PAGES 1-47); THIRD (TERZO; PAGES 173-232); FOURTH (QUARTO; PAGES 237-290). NOTES FOR ANYONE INTERESTED IN MAKING USE OF A REFERENCE TEXT CONTAINING THE RELEVANT NORMATIVE DOCUMENTS EXAMINED DURING THE TEACHING ACTIVITY, IT IS RECOMMENDED THE USE OF: RICCARDO LUZZATTO, FAUSTO POCAR, CODICE DI DIRITTO INTERNAZIONALE PUBBLICO, SETTIMA EDIZIONE (SEVENTH EDITION), GIAPPICHELLI EDITORE, TORINO, 2016.

Texts

GENERAL PART

BENEDETTO CONFORTI, DIRITTO INTERNAZIONALE, X EDIZIONE AGGIORNATA (X UPDATED EDITION), EDITORIALE SCIENTIFICA, NAPOLI, 2015 (THE WHOLE VOLUME).

OR, ALTERNATIVELY

ANTONIO CASSESE, DIRITTO INTERNAZIONALE, SECONDA EDIZIONE (SECOND EDITION), IL MULINO, BOLOGNA, 2013 (THE WHOLE VOLUME).

SPECIAL PART

FRANCO MOSCONI, CRISTINA CAMPIGLIO, DIRITTO INTERNAZIONALE PRIVATO E PROCESSUALE - VOL. I: PARTE GENERALE E OBBLIGAZIONI, SETTIMA EDIZIONE (SEVENTH EDITION), UTET GIURIDICA, TORINO, 2015 (ONLY CHAPTERS (CAPITOLI): FIRST (PRIMO; PAGES 1-47); THIRD (TERZO; PAGES 173-232); FOURTH (QUARTO; PAGES 237-290).

NOTES

FOR ANYONE INTERESTED IN MAKING USE OF A REFERENCE TEXT CONTAINING THE RELEVANT NORMATIVE DOCUMENTS EXAMINED DURING THE TEACHING ACTIVITY, IT IS RECOMMENDED THE USE OF: RICCARDO LUZZATTO, FAUSTO POCAR, CODICE DI DIRITTO INTERNAZIONALE PUBBLICO, SETTIMA EDIZIONE (SEVENTH EDITION), GIAPPICHELLI EDITORE, TORINO, 2016.