INTERNATIONAL LAW
Academic year and teacher
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- Versione italiana
- Academic year
- 2022/2023
- Teacher
- SERENA FORLATI
- Credits
- 12
- Didactic period
- Primo Semestre
- SSD
- IUS/13
Training objectives
- Knowledge and understanding: 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 and international civil procedure.
The first part of the course will deal with Public International Law and will address the structural features of the international legal order, the relevant actors, the sources of international legal rules. (30 hours). The content of the main substantive rules will also be analysed (10 hours), together with the impact of international law on domestic legal orders (8 hours), issues of international responsibility (6 hours) international dispute settlement. (6 hours).
The second part of the course will address the basic rules governing the exercise of jurisdiction, the identification of the law applicable and the circulation of decisions, with specific reference to the Italian legal order. (20 hours).
Skills: students will be encouraged to critically use legal tools, specifically primary sources and case law. Prerequisites
- Previous knowledge of Constitutional Law and of the institutional aspects of Private Law are a prerequisite for the course. A basic knowledge of civil procedure is an asset. Students attending the course will work also on materials in English (or French).
Course programme
- A) PUBLIC INTERNATIONAL LAW (60 hours). 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. International responsibility. Elements of the international wrongful act. Circumstances precluding wrongfulness. The obligation to make full reparation for the injury caused by the internationally wrongful act. International responsibility for serious breaches of jus cogens rules. Countermeasures. The right to reparation of private individuals injured by an internationally wrongful act. International crimes and State immunity. International responsibility of individuals. The national and international repression of International crimes. The implementation of International law in municipal law: constitutional guarantees and ways of implementation.
2) INTRODUCTION TO PRIVATE INTERNATIONAL LAW AND INTERNATIONAL CIVIL PROCEDURE. (20 hours) The sources. Function and general rules of private international law: the issue of qualification, “renvoi”, iura novit curia, mandatory rules and public order, the main grounds of jurisdiction, recognition and enforcement of foreign judgments.
The contents of the course may be adapted in order to address the specific requirements of teaching in the current pandemics. Didactic methods
- The course will be part in streaming, meet, part in person but with also the possibility to attend in streaming.
Teaching materials will be distributed via Eiduco.
Dr Ilaria Aquironi will teach the Module on Private International Law.
For Public international law, the meet link is: https://meet.google.com/cjw-hsuz-aca
The Eiduco Course Code is: EU84VN
For the Private International Law module,
the meet link is: meet.google.com/ewq-qzkm-mhs
Eiduco course code : FUP87MVA
The course consists of lectures, a few seminars with guest speakers (which may be in English) and discussions on specific cases and topical issues. Materials for discussion will be distributed to attending students.
In 2021-22, the course will host a guest lecture by Professor Andreas Schloenhardt and one by Professor Christian Tams (University of Glasgow). Learning assessment procedures
- Oral exam. The exam usually consists of three questions, two on issues of Public international Law, one for Private International Law. It is possible to have a fourth question if the assessment of the exam is uncertain; moreover, the exam may be stopped after the first or the second question if the exam is clearly below pass.
For students attending the course, active participation in class is a plus. Reference texts
- For students who attend classes: knowledge of the issues and materials discussed in class.
Reading handbooks listed below is useful but not a requirement.
Students may prepare this programme until December 2022.
For students who do not to attend classes: F. SALERNO, Diritto internazionale - Principi e norme, Padova, CEDAM, last available edition, and F SALERNO, Lezioni di diritto internazionale privato, Wolters Kluwer 2020
