Subject matter and programme of the course
The course is divided in two parts. The first part concerns the rules pertaining to the relations between States (public international law), while the second part concerns the rules regulating relations between individuals having a cross-border character (private international law).
Public international law includes the sources and subjects of the international legal order, wrongful conduct and liability, individual and collective self-defense, dispute-settlement mechanisms, and the adaptation of States' internal legal orders to international law.
Private international law includes both (i) the rules aimed at determining the law applicable to cross-border individual legal relationships (conflict of laws) and (ii) the rules governing jurisdiction and the recognition and enforcement of foreign judgments (international civil procedure). Private international law will be studied through the analysis of the rules currently applicable in Italy, contained in law No 218 of 31 May 1995, as well as of the most significant regulations of the European Union concerning jurisdiction, the recognition and enforcement of foreign judgments and the law applicable to contractual and non-contractual obligations.
Aims of the course
- Acquiring a foundational knowledge and understanding of the fundamental legal institutions of public and private international law;
- Capability to apply the acquired knowledge and understanding to real cases;
- Making autonomous judgments on the phenomena of international public and private legal relationships and their practical consequences;
- Communication skills, including arguing convincingly about one's own solution to a given subject matter with logical and legal thoroughness and propriety of language;
- Capability to learn, meaning due consideration of the historical and evolutionary characters of public and private international law.
Examination will be oral.
1. Public international law: Carbone - Luzzatto - Santa Maria (et al.), Istituzioni di diritto internazionale, 5th edition, Torino, Giappichelli, 2016, by omitting the following parts: Chapter I, parr. 5.2-6.2, 10.1-10.4; Chapter III, parr. 5.3, 10.1, 10.2; Chapter V, parr. 5.1-6.1; Chapter VI, parr. 5.7-6.3; Chapter VIII, parr. 3.3, 3.9-3.11, 4.2, 8.2, 10.1; Chapter IX, parr. 4.4-7.1; Chapters X-XIII.
2. Private international law: Mosconi - Campiglio, Diritto internazionale privato e processuale. Vol. I. Parte generale e obbligazioni, 6th ed., Torino, Utet, 2013, by omitting the following parts: Chapter I, parr. 14-17; Chapter II, parr. 10, 20-22; Chapter III, parr. 5, 18; Chapter IV, par. 3, 13; Chapter V, parr. 13, 15, 16; Chapter VI, parr. 8 (except that for labour contracts), 14-15; Chapter VII, parr. 7-9, 11-14, 17, 19-29.
3. Furthermore, students should refer to the following materials:
- for public international law, Luzzatto - Pocar, Codice di diritto internazionale pubblico, 7a ed., Torino, Giappichelli, 2016; or the materials published on the Ariel website of the course at the section Contenuti / Materiali didattici / Diritto internazionale pubblico;
- for private international law, the materials published on the Ariel website of the course at the section Contenuti / Materiali didattici / Diritto internazionale privato.
Communications related to the teaching of the course are published from time to time on the Ariel website. Indications on the examination for those students who attend the course are provided in class.