Sustainable development and international anti-corruption law

A.A. 2018/2019
Insegnamento per
6
Crediti massimi
42
Ore totali
SSD
IUS/13
Lingua
Inglese
Obiettivi formativi
The course, that will be introduced by a brief overview on the main the socio-economic consequences of corruption in the light of some significant cases, will be articulated in two main parts.
Part I: The evolution of international anti-corruption law; Birth, evolution and sources of international anti-corruption law; the 2003 UN Convention against Corruption and its impact on subsequent international practice; horizontal assessment of the main anti-corruption treaties; 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; international responses to corruption with a focus on monitoring and compliance mechanisms; corruption as a human rights violation; corruption as an international crime.
Part II: 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.
Through the analysis of the topics described, the Course aims at assessing 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.
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
IUS/13 - DIRITTO INTERNAZIONALE - CFU: 6
Lezioni: 42 ore
Docenti: Borlini Leonardo, Ragni Chiara
Programma
The course, that will be introduced by a brief overview on the main the socio-economic consequences of corruption in the light of some significant cases, will be articulated in two main parts.
Part I: The evolution of international anti-corruption law; Birth, evolution and sources of international anti-corruption law; the 2003 UN Convention against Corruption and its impact on subsequent international practice; horizontal assessment of the main anti-corruption treaties; 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; international responses to corruption with a focus on monitoring and compliance mechanisms; corruption as a human rights violation; corruption as an international crime.
Part II: 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.
Through the analysis of the topics described, the Course aims at assessing 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
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 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. On occasion, experts from international organizations may join in the class discussion. It is hoped that students will leave the course equipped with a skill set that is easily transferable and applicable to whichever career path they choose to pursue.
Materiale didattico e bibliografia
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
Primo semestre
Periodo
Primo semestre
Modalità di valutazione
Esame
Giudizio di valutazione
voto verbalizzato in trentesimi
Docente/i
Ricevimento:
Giovedì ore 10.30