International law

A.Y. 2020/2021
9
Max ECTS
63
Overall hours
SSD
IUS/13
Language
Italian
Learning objectives
- Conoscenza di base e comprensione degli istituti fondamentali del diritto internazionale pubblico e privato;
- Capacità di applicare la conoscenza e la comprensione acquisite alle fattispecie concrete;
- Autonomia di giudizio nell'indagine dei fenomeni della vita giuridica internazionale e delle loro conseguenze applicative;
- Abilità comunicative e capacità di argomentare la propria rielaborazione della materia con rigore logico-giuridico e proprietà di linguaggio;
- Capacità di apprendimento, intesa come riflessione sui profili storici ed evolutivi del diritto internazionale pubblico e privato
Expected learning outcomes
Al termine del corso lo studente che abbia proficuamente appreso la materia avrà acquisito una conoscenza approfondita delle fonti e delle principali istituzioni del diritto internazionale pubblico; delle regole che disciplinano le relazioni tra i soggetti del diritto internazionale; delle regole che disciplinano i rapporti privati di carattere internazionale
Course syllabus and organization

Surname A-C

Responsible
Lesson period
First semester
Teaching methods.
Classes will be live-streamed on Microsoft Teams, following the lessons timetable. Live-streamed classes will be recorded and will be available on the online platform. Relevant information about how to join the classes on Microsoft Teams and other instructions will be available on the ARIEL website of the course. Please browse it regularly.
Students will be informed as soon as possible, through the course ARIEL website, also in case they will be able to attend classes at University. This possibility will depend upon the evolution of the emergency and the respect of the security directives. In any case the classes will be recorded and will be available on the online platform.
The course will alternate and combine lectures and seminar teaching (analysis of legal materials and solution of case-studies). Classes may include pre-recorded components.

Course syllabus and Teaching Resources.
The course program is unchanged. However, the specific contents of classes will adapt to the teaching methods outlined above.
Teaching materials are unchanged.

Assessment methods and Criteria.
Assessments methods and criteria are unchanged: the oral exam will be taken either in class or through Microsoft Teams, depending on the rules in force at that time.
Course syllabus
The course is composed of two parties, respectively focused on public and private international law.

The first part deals with:

International subjects and actors
- the distinction between subjects and actors
- States
-intergovernmental organizations
- individuals
- multinational corporations
- non-governmental organizations

The sources of international law
- customary international law: formation and codification
- the general principles of international law and the general principles of law recognized by civilized nations
- international treaties: the 1969 Vienna Convention
- jus cogens
- soft law
- conflicts of norms, interpretation and fragmentation of international law

The use of force
- the prohibition
- the legitimate defense
- the United Nations collective security system
- the peace-keeping operations
- international terrorism

Substantive international law - a focus on:
- human rights protection
- criminal international law
- environmental international law
- international trade law
- international investment law

The responsibility of States per international wrongful acts
- the notion of internationally wrongful act
- the consequences of internationally wrongful acts
- the countermeasures
- international responsibility for violation of peremptory rules of international law

The settlement of international disputes
- before the International Court of Justice
- before other international tribunals
- the diplomatic protection

The immunity
- of States
- of State organs

The adaptation of domestic law to international law
- the adaptation to international customary law
- the adaptation to international treaty law

In the second part of the course, focused on private international law, the following topics will be dealt with:

- the sources of private international law
- conflict-of-law rules and connecting factors
- the characterization
- the jurisdiction (Regulation Brussels I-bis and Italian law 218/1995)
- the applicable law
- the knowledge of foreign law
- the renvoi
- public policy
- internationally mandatory norms
- Regulation Rome I - the applicable law to contractual obligations
- recognition and execution of foreign judicial decisions (Regulation Brussels I-bis and Italian law 218/1995).
Prerequisites for admission
Constitutional law, Institutions of private law.
Teaching methods
The course combines several teaching methods: frontal and seminar teaching, anaysisis of legal tools and solution of legal case-studies
Teaching Resources
As regards public international law, students can choose between:
1) V. CANNIZZARO, Diritto internazionale, 4ª ed., Torino, Giappichelli, 2018; and
2) A. TANZI, Introduzione del diritto internazionale contemporaneo, 6a ed., 2019, Wolters Kluver, Cedam (except for Part I (pp. 1-57) and the final summary (p. 615 ss.), whose reading is nevertheless suggested).

As concerns private international law:
GABRIELLA CARELLA, Fondamenti di diritto internazionale privato. Tra sovranità, cooperazione e diritti umani, Giappichelli, 2018.
Assessment methods and Criteria
The exam is oral and aims to test students':
- comprehension of the main topics dealt with during the course
- ability to present legal topics using specific language
- autonomy of judgment also through the analysis of the cases discussed during the course or examined in the textbooks
IUS/13 - INTERNATIONAL LAW - University credits: 9
Lessons: 63 hours
Professor: Bonfanti Angelica

Surname D-L

Responsible
Lesson period
First semester
TEACHING METHODS
The lessons will be held on the Microsoft Teams platform and can be followed either directly online, according to the timetable of the first semester, or at any time, because they will be recorded and left available to students on the same platform or on the Ariel site of the course.
If the health situation allows it, there may be activities in presence in the classroom. Students will be suitably informed by notices on the Ariel website.

PROGRAM AND REFERENCE MATERIAL
The program and reference material will not be affected.

LEARNING VERIFICATION MODE
The examination will take place in oral form using the Microsoft Teams platform or, if the regulations so allow, in the presence, always in oral form. The exam, in particular, will be aimed at:
- ensure that the objectives in terms of knowledge and understanding are achieved;
- check the student's autonomy of judgment also through the analysis of the cases discussed during the course, or mentioned in the textbook;
- ascertain the command of specific language and the ability to present topics clearly and in an orderly manner.
Course syllabus
- The international community and its law. The specificity of international law. The notion of international legal life.
- The subjects of international law. The State, international organizations and others. The peculiar condition of individuals in international law.
- International custom. The codification of customary law.
- The general principles of international law and the general principles of law recognized by civilized nations.
- The international treaty law. The stipulation. The interpretation. The reserves. Causes of nullity and extinction.
- The adaptation of the internal order to international law. The peculiarities of the Italian system.
- Immunity.
- International responsibility and the reparation.
- The United Nations system.
- The resolution of international disputes.
- The international protection of human rights.
- International criminal courts.
- Private international law: the Italian system, supranational sources.
- Italian rules of private international law and applicable law: general issues.
- The jurisdiction in civil and commercial matters: the European system and Italian law.
- The international circulation of judgments: the effectiveness in Italy of foreign judgments.

INFORMATION FOR STUDENTS TRANSFERRED FROM THE COURSE OF "SCIENZE DEI SERVIZI GIURIDICI" (SCIENCE OF LEGAL SERVICES):
Istituzioni di diritto internazionale e istituzioni di diritto dell'Unione europea: 12 CFU. To obtain the recognition as International Law (complusory examination in the Law School), the student shall have to study and undergo an assesment concerning the portion of the syllabus relating to private international law matters.
Diritto internazionale dei contratti e dell'impresa (6 CFU) + Istituzioni di diritto internazionale e istituzioni di diritto dell'Unione europea (12 crediti): 18 CFU in total. Automatic recognition as International Law without any additional assesment.
Prerequisites for admission
Constitutional law, Institutions of private law
Teaching methods
In addition to the ordinary lectures, in depth seminars will be held on specific topics, through the examination of judgments of the International Court of Justice. Seminar guidance is given to class.
Teaching Resources
With regard to public international law: Carbone, Luzzatto, Santa Maria (eds.), Istituzioni di diritto internazionale, 5th ed., Torino, Giappichelli, 2016, pp. 1-431.
With regard to private international law: Carella, Fondamenti di diritto internazionale privato. Torino, Giappichelli.
With regard to the relevant legal instruments the following publications collecting them are recommended: Luzzatto, Pocar (eds.), Codice di diritto internazionale pubblico, Torino, Giappichelli, last edition; and Clerici, Mosconi and Pocar (eds.), Legge di riforma del diritto internazionale privato e testi collegati, Milano, Giuffrè, last edition.
Assessment methods and Criteria
The examination takes place in an oral form and focuses, with equal importance, both on the part of the course dedicated to the issues of public international law and the one concerning the notions of private international law. For the students attending, additional indications shall be given to the class.
IUS/13 - INTERNATIONAL LAW - University credits: 9
Lessons: 63 hours
Professor: Fumagalli Luigi

Surname M-Q

Responsible
Lesson period
First semester
TEACHING METHODS:

The lessons will be held on the Microsoft Teams platform and can be followed either directly online, according to the timetable of the first semester, or at any time, because they will be recorded and left available to students on the same platform or on the Ariel site of the course.

PROGRAM AND REFERENCE MATERIAL

The program and reference material will not be affected.

LEARNING VERIFICATION MODE

The examination will take place in oral form using the Microsoft Teams platform or, if the regulations so allow, in the presence, always in oral form. The exam, in particular, will be aimed at:
- ensure that the objectives in terms of knowledge and understanding are achieved;
- check the student's autonomy of judgment also through the analysis of the cases discussed during the course, or mentioned in the textbook;
- ascertain the command of specific language and the ability to present topics clearly and in an orderly manner.
Students may decide to split the exam in two parts, on public and private international law, respectively.
Course syllabus
The following topics will be specifically addressed during the course:
For the Public International Law part:
(a) Subjects and actors of the international community:
1. The structure of the international community;
2. The legal personality of States;
3. The legal personality of entities other than States;
4. International intergovernmental organisations;
5. The legal personality of individuals.

(b) Sources of International Law:
1. Distinction between general/particular international law;
2. Customary Law;
3. General principles of law;
4. Ius cogens;
5. The law of treaties (especially the Vienna Convention on the Law of Treaties).

(c) The adaptation of domestic law to international law:
1. Monism and dualism in the theory of International Law;
2. The adaptation of customary law;
3. The adaptation of the law of treaties;

(d) Territorial sovereignty and Immunity:
1. The exclusivity of the power of the government of the State;
2. Immunities.

(e) Peaceful settlement and prevention of international disputes:
1. The notion of "international dispute";
2. Diplomatic means of dispute resolution;
3. Arbitration;
4. The International Court of Justice;
5. Specialized international courts.

(f) State responsibility for internationally wrongful acts:
1. The regulation of State responsibility;
2. The constituent elements of internationally wrongful acts;
3. Damages;
4. Circumstances precluding wrongfulness;
5. Legal consequences of an internationally wrongful act.

(g) The Use of Force:
1. Distinction between ius ad bellum and ius in bello;
2. The prohibition of the use of force;
3. Exceptions to the prohibition of the use of force;
4. The UN collective security system;
5. Chapter VII of the UN Charter;
6. Peace-keeping measures.

(h) The individual and the international protection of human rights:
1. The distinction between "human rights" and "humanitarian law";
2. The Universal Declaration of Human Rights and regional conventions;
3. International Criminal Courts.

For the part of Private International Law:
(a) Fundamental notions of Private International Law:
1. Sources of Private International Law;
2. Terminology;
3. Development of Private International Law.

(b) The rules of Private International Law:
1. The conflict-of-law rules;
2. The connecting factors;
3. Characterization;
4. Dépeçage.

(c) International jurisdiction:
1. The problem of jurisdiction;
2. The Brussels I-recast Regulation (specifically: scope of application; general forum; special fora; weaker party protection fora; exclusive fora; lis pendens; related actions; protective measures);
3. Italian law.

(d) The applicable law:
1. The renvoi;
2. Knowledge of foreign law;
3. Public policy;
4. Overriding mandatory rules.

(e) Recognition and enforcement of foreign decisions:
1. The Brussels I-recast Regulation;
2. Italian law.
Prerequisites for admission
Constitutional Law and Private Law
Teaching methods
60 hours of lectures
Teaching Resources
Public International Law:
CARBONE - LUZZATTO - SANTA MARIA (eds), Istituzioni di diritto internazionale, 5a ed., Torino, Giappichelli, 2016
Only pages 1-431 (Chapters I-IX).

Private International Law:
MOSCONI - CAMPIGLIO, Diritto internazionale privato e processuale. Vol. I. Parte generale e obbligazioni, 9a ed., Torino, Utet, 2020
Only: Chapter I, paras. 1-10; Chapter II, paras. 1-21 and 25-30; Chapter III; Chapter IV; Chapter V, paras. 1-14 and 17-23.

For legal materials, the consultation of the following is recommended:
a) LUZZATTO - POCAR (eds.), Codice di diritto internazionale pubblico, Torino, Giappichelli; and
b) CLERICI - MOSCONI - POCAR (eds.), Legge di riforma del diritto internazionale privato e testi collegati, Milano, Giuffrè;
or, as an alternative to a) and b),
c) the legal materials posted on the ARIEL website, at the section Contenuti / Materiali didattici.
Assessment methods and Criteria
Oral test. The oral test is a 20/30 minutes interview aimed at ascertaining the students' knowledge of the subjects of the course, their understanding, the acquisition of an appropriate language and their ability to synthesize concepts.
Students may decide to split the exam in two parts, on public and private international law, respectively.
IUS/13 - INTERNATIONAL LAW - University credits: 9
Lessons: 63 hours
Professor: Bariatti Stefania

Surname R-Z

Responsible
Lesson period
First semester
Due to the COVID-19 emergency, and subject to any further directions that may be given due to the evolution of the sanitary situation, classes will take place via Microsoft Teams, in a synchronous mode during the classes hour originally scheduled classes held in presence. Classes will be recorded.
Course syllabus
First part: Public international law
A) General features of the international community and international law
B) Subjects
C) Prohibition of use of force and UN security system
D) Sources of international law
E) Jurisdiction and immunities
F) Implementation of international law within domestic systems
G) International wrongful acts and responsibility
H) International disputes and their settlement

Second part: Private international law

I) Private international law: introduction and sources
J) Jurisdiction under EU Regulation 1215/2012
K) Recognition/enforcement of foreign judgments under EU Regulation 1215/2012
L) Jurisdiction and recognition/enforcement of foreign judgments under Law no. 218/1995
M) Applicable law and conflict-of-law provisions: general issues
N) Specific conflict-of-law techniques
O) Reference to foreign law by conflict-of-law provisions
P) Limits to the application of foreign law: public policy and overriding mandatory provisions
Prerequisites for admission
Constitutional law, Institutions of private law
Teaching methods
This course is composed of taught classes. However, classes also include case studies with the participation of students. Practical information will be provided on the ARIEL website.
Teaching Resources
Public International Law:
CARBONE - LUZZATTO - SANTA MARIA (eds), Istituzioni di diritto internazionale, 5a ed., Torino, Giappichelli, 2016
Only pages 1-431 (Chapters I-IX).

Private International Law:
MOSCONI - CAMPIGLIO, Diritto internazionale privato e processuale. Vol. I. Parte generale e obbligazioni, 9a ed., Torino, Utet, 2020
Only: Chapter I, paras. 1-10; Chapter II, paras. 1-21 and 25-30; Chapter III; Chapter IV; Chapter V, paras. 1-14 and 17-23.

For legal materials, the consultation of the following is recommended:
a) LUZZATTO - POCAR (eds.), Codice di diritto internazionale pubblico, Torino, Giappichelli; and
b) CLERICI - MOSCONI - POCAR (eds.), Legge di riforma del diritto internazionale privato e testi collegati, Milano, Giuffrè;
or, as an alternative to a) and b),
c) the legal materials posted on the ARIEL website, at the section Contenuti / Materiali didattici.
Assessment methods and Criteria
The oral exam takes 20/30 minutes. It is aimed at assessing the notions acquired by each student, the terminology acquired and his/her ability to address and critically solve legal issues through the elaboration of the notions acquired. For students attending classes, the exam focuses also on the cases studied during classes hours.
Students may decide to split the exam in two parts, on public and private international law, respectively.
IUS/13 - INTERNATIONAL LAW - University credits: 9
Lessons: 63 hours
Professor(s)
Reception:
Tuesday 1.30 pm; during the first semester, Tuesday 10.15 am
Department
Reception:
Wednesday from 16:00 to 18:00
Department of Italian and Supranational Public Law - because of coronavirus emergency, office hours are online- please contact Prof. Bonfanti by email
Reception:
Tuesday, 12,00
Sezione di Diritto internazionale e dell'Unione europea (formerly Istituto di diritto internazionale), ground floor