International law

A.Y. 2021/2022
9
Max ECTS
63
Overall hours
SSD
IUS/13
Language
Italian
Learning objectives
- Basic knowledge and understanding of the main institutions of public and private international law
- Ability to apply the acquired knowledge and understanding to specific sets of facts
- Judgment autonomy in analysing the phenomena of international legal life and their practical consequences
- Communication skills and ability to support an own personal re-elaboration through logical rigour and property of language
- Learning skills, understood as a reflection on the historical and evolutionary aspects of public and private international law
Expected learning outcomes
At the end of the course, a student having successfully learned this subject will have acquired a thorough knowledge of the sources and main institutions of public international law; the rules governing relations between the subjects of international law; the rules governing private relationships of an international nature
Course syllabus and organization

Surname A-C

Responsible
Lesson period
First semester
Courses will be delivered in classroom and/or streamed on-line, depending on the evolution of the health emergency and in light of governmental security directives. More details are provided, and constantly updated, on the University's institutional website.
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Course syllabus
The course aims to provide students with an in-depth knowledge of the general problems of public international law and, within the framework of a correct methodological approach, the main notions of private and procedural international law. The detailed syllabus of the lessons is published on the ariel site of the course.
Prerequisites for admission
Students must have passed the first year exams of constitutional law and 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
Teaching materials, valid for all students (attending and non-attending).
For public international law: ENZO CANNIZZARO, International law, 5th ed., Giappichelli Editore, 2020.
For the part of private and procedural international law:
GABRIELLA CARELLA, Fundamentals of private international law, 2nd ed.,Giappichelli Editore, 2021.
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.
IUS/13 - INTERNATIONAL LAW - University credits: 9
Lessons: 63 hours
Professor: Boschiero Nerina

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. 2nd ed. Torino, Giappichelli, 2021.
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
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.

During the December and Winter sessions, students who have attended the course may split the exam into two parts, taking the test on the public international law part first. For those who wish to take advantage of this option, the test on the second part of the programme (private international law) must be taken during the same session or, at the latest, in the Summer session. It will not be possible to take the second part of the test in September.
IUS/13 - INTERNATIONAL LAW - University credits: 9
Lessons: 63 hours
Professor: Bariatti Stefania

Surname R-Z

Responsible
Lesson period
First semester
Courses will be delivered in classroom and/or streamed on-line, depending on the evolution of the health emergency and in light of governmental security directives. More details are provided, and constantly updated, on the University's institutional website.
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

INFORMATION FOR STUDENTS TRANSFERRED FROM THE COURSE OF "SCIENZE DEI SERVIZI GIURIDICI" (SCIENCE OF LEGAL SERVICES):
Case 1: 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.
Case 2: 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
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, 6a ed., Torino, Giappichelli, 2021
Only pages 1-443 (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. The partial examination relating to the public international law part may be taken at the latest at the last February 2022 session; the partial examination relating to the private international law part, which presupposes prior success in the partial examination relating to the public international law part, may be taken at the latest at the July 2022 session.
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:
Tuesday 6 pm
Reception:
Tuesday, 10,15
Sezione di Diritto internazionale e dell'Unione europea (formerly Istituto di diritto internazionale), ground floor
Reception:
In the period of lectures: Tuesday, 10:30-11:30; in the rest of the year: 12:00-13:00
Department of Public Law