Sustainable development and international anti-corruption law

A.A. 2016/2017
Insegnamento per
6
Crediti massimi
42
Ore totali
Lingua
Inglese
Obiettivi formativi
The course is aimed at providing students with a perspective on the relationship between international anti-corruption law and sustainable development. It will focus on how rules and practices developed in these two important and dynamic fields of international law can contribute to one another's elaboration, interpretation, and implementation. Emphasis will be first placed on the negative impact of corruption on economic and social development and on the building-up of sustainable peace; in this context the course will therefore examine how international anti-corruption law can contribute to the goal of sustainable development. The course, that will be introduced by a brief overview on the main the socio-economic consequences of corruption, will be articulated in two main parts.
· By the end of this course, students should be able to:
· Understand and evaluate critically legal issues regarding the fight against corruption and the relationship between them and sustainable development.
· Interpreting international anti-corruption law in the light of the international legal framework on sustainable development.
· Acquire communication skills (written and oral) as regards the issues dealt with in the course and use them also to argue with logical and legal thoroughness and propriety of legal language.

Struttura insegnamento e programma

Edizione attiva
Responsabile
Lezioni: 42 ore
Docenti: Borlini Leonardo, Ragni Chiara
Programma
Introduction
· Overview on the main the socio-economic consequences of corruption.
Part I:
The evolution of international anti-corruption law and the initiatives of International Financial Institutions (IFIs) in the field of anti-corruption and integrity. Topics of this part of the course will include:
· Birth, evolution and sources of international anti-corruption law.
· Inter-state cooperation in criminal matters as a means to combat transnational crimes, with a particular focus on corruption and other serious violations of socio-economic interests.
· The 2003 UN Convention against Corruption and its impact on subsequent international practice, with particular focus on the proposal to include corruption among the crimes under the jurisdiction of the ICC.
· Horizontal assessment of the main anti-corruption treaties.
· The role of international criminal law and justice in penalizing serious forms of economic, social, environmental and cultural offences.
· Potentiality and limitations of modes of liability provided for by international criminal law as means to ensure accountability for economic or environmental crimes.
Part II:
The second part of the course will focus on the recent developments of international anti-corruption law. The following issues will be discussed during class:
· International asset recovery as a means of reparative justice.
· The role of IFIs in the fight against corruption.
· Anti-money laundering and anti-corruption law.
· Potentiality of corruption as a crime against humanity or as a specific international crime and the question of the criminal liability of multinational corporations.

Objectives
· Analyzing the impact of corruption on economic development.
· Examining international anti-corruption law and its relations with the international framework on sustainable development.
· Assessing potentiality and limitations of international law as a means to ensure accountability for economic crimes.
· Exploring the potentiality of the recent developments of international anti-corruption law.
Prerequisiti e modalità di esame
Students are expected to attend classes regularly; they will be required to attend at least 75% of classes to be able to sit the final exam, which will be include a written test and an oral exam.
They will be evaluated upon: their active participation to the course, to the case-studies and to seminars held by guests (40%), the marks obtained in the written exam (40%) and in the final oral assessment (20%).
Metodi didattici
Methodology
Course attendance is mandatory.
The course is structured on lectures. Discussion of assigned readings on specific topics and case studies will be organized as a part of the activities for more in-depth coverage of selected controversial issues. The detailed programme and all the materials for the course and for the final exam will be delivered at class classes and will be also uploaded on the Ariel web-platform of the University of Milan.
Seminars with guest speakers will be organized as an integral part of the course.
Materiale didattico e bibliografia
Suggested readings
M. Arnone, L. Borlini, Corruption. Economic Analysis and International Law, Edward Elgar Publishing, 2014; G. Ferguson, Global Corruption: Law, Theory and Practice, 2015 (open-access at http://icclr.law.ubc.ca/sites/icclr.law.ubc.ca/files/publications/pdfs/…); S. Jodoin, M-C. Cordonier Segger, Sustainable Development, International Criminal Justice, and Treaty Implementation, Cambridge University Press, 2015.
Periodo
Secondo semestre
Docente/i
Ricevimento:
Giovedì ore 10.30