The course aims to provide the students with some fundamental knowledge of law at supranational level, its competing institutions, sources, efficacy, conflicts of competence. Accordingly, the course is focused on understanding and critically assessing the extent to which law at supranational level is managing the problematic relationship and balance between global trade freedoms and protection of human rights.
Expected learning outcomes
By the end of the course students are expected to acquire a solid understanding of international law, including recent developments in the field of commercial law, social law and human rights in the multilevel legal system dynamics. Sudents should be able to critically examine, analyse, interpret and assess the effectiveness of these legal regimes and approaches and how they intervene on each other. In addition, students will have a good understanding of the factors and processes driving the revision of the international legal framework and of situations in which issues of international law arise. In addition, students will develop the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to clash and balance between global market order and social protection.
Lesson period: First trimester
(In case of multiple editions, please check the period, as it may vary)
The course deals with the institutional structures and objectives of global law and the crossed relationships and balances between trade freedoms and human rights the supranational law is going to state. The course is organized in the following two modules:
Module 1. The Constitutional processes of global legal order This module analyzes how the internationalisation and globalisation of the markets is leading as a necessary consequence to a new global legal order. Special attention is paid to the functioning of international institutions, to nature and enforceability of their sources of regulation for governing this process, and to the debate on the "constitutionalisation" of the transfer of competences form national states to this international institutions. The relation and interplay between the international and the national legal orders is interested by this analysis.
Module 2. Market freedoms and Human rights This module deals with the WTO regulation and international agreements of free trade and they are indirectly and negatively affecting social rights protected al national level. Attention is paid to analyzing if and how the "constitusionalisation" of human rights at supranational level (UN, ECHR) is a valid way to counterbalance this phenomenon and offer a new legal protection to the constitutional values.
Prerequisites for admission
no previous knowledge is required
the teaching methods are: a) taught class; b) team work on case studies, c) writing of papers at home; d) presentations in classroom.
Slides and Readings used or assigned in the lectures text book: Ramses A. Wessel, Jan Wouters (eds), Multilevel Regulation and the EU: The Interplay between Global, European and National Normative Processes, 2008, ISBN: 9789047432555
Assessement methods and criteria
The exam is a written test composed by two sections: a) 22 multiple choice questions, for every correct answer is assigned one point; b) 3 open questions, to evey answer from 0 to 3 points are assigned because the level of precision, correctness and completeness of the answer. The evaluation is expressed as a fraction of 30/30th. The given time for the test is one hour.