INTERNATIONAL LAW AND GLOBALISATION
Acquisition by the students of knowledge related to:
- the international legal order;
- the international source hierarchy;
- the content of international law;
- the modalities of assessment and sanctions for violations;
- the dispute resolution mechanisms;
- the UN collective security system.
- the sources of private international law
- the structure of the rules of private international law
- the connection criteria for the application of foreign law
- the limits to the application of foreign law.
The student will acquire knowledge concerning:
- capability to research and to analyze international norms, legal documents and jurisprudence;
- systematic interpretation of international legal documents end of the key rules of private international law;
- identification of the consequences of public and private international law on the internal order and on the legal profession.
Expected learning results, in accod to the Dublin descriptors:
At the end of the course, the student should demonstrate the acquisition of the following knowledge, ability and skills:
Knowledge and Understanding
a) deep knowledge related to the international legal system, the ability to research and interpret international norms and acts and international organizations’ acts, the jurisprudence of major international and national courts in the field of international law; advanced understanding of the key legal principles and rules of International Private Law as they have developed in Italy
Applying Knowledge and Understanding
2) interpretation skills about the international legal and judicial documents and the rules of international private law and comprehension skills about their effect on the national legal order and the effects of national norms and jurisprudence on international level.
3) skills to find legal and judicial acts to make a critical analysis of both international public and private law effects in order to reinforce their problem solving ability.
4) skills to discuss in a critical and thorough manner the problems related to the international legal system and to critically evaluate the effect of the application of the principles of International Private Law on the national legal framework.
Lifelong Learning skills
5) learning and critical analysis skills about the problems related to the international legal order, which will be verified alternating frontal lessons and individual and group discussions; apply specialised knowledge of the notions of jurisdiction, choice of law and judgement-enforcement in legal problem solving.
To understand the contents of the lessons and achieve the educational objectives of the course, the student must have acquired knowledge and skills related to the analysis of a legal system: a) analysis of the functions of the institutions and relations between them; b) analysis of the hierarchy of sources; c) system of judicial protection.
The State as a subject of international law. International organizations. The sources of international law: the jus cogens, the custom, the general principles of law, the codification agreements, the statements of principles of the UN General Assembly, the treaties, the sources provided by agreements. The content of international law. The application of international standards within the State. The violation of international standards and its consequences.
The assessment of international standards within the international community. The application of international standards within the State. The violation of international standards and its consequences. The assessment of international standards within the international community.
The mechanisms of coordination between different legal system. Object and function of the conflict-of-law rules. The connection criteria. The issues related to the qualification of norms. The referral. Function and scope of the limit of public order. The overriding mandatory rules.
1. International institutions and legal framework (72 h):
1.1. The State as a subject of international law ( 6 h)
1.2. International organizations ( 6 h)
1.3. The sources of international law (20 h):
1.3. 1. the jus cogens,
1.3.2. the custom
1.3.3. the general principles of law,
1.3.4. the codification agreements,
1.3.5. the statements of principles of the UN General Assembly,
1.3.6. the treaties,
1.3.7. the sources provided by agreements.
1.4. The content of international law (6 h)
1.5. The application of international standards within the State (6 h)
1.6. The violation of international standards and its consequences ( 6 h)
1.7. The assessment of international standards within the international community (6 h)
1.8. The application of international standards within the State ( 6 h)
1.9. The violation of international standards and its consequences ( 6 h)
1.10. The assessment of international standards within the international community (6 h).
2. International private law (24 h):
2.1 The sources of international private law (3h)
2.2 The application of international private law (3 h)
2.3 forum and jus (3 ore)
2.4. Object, structure, function and scope of international private laws (3 h)
2.5. Connection criteria
2.6 The qualifications (3 h)
2.7. The issue of referral
2.8. Limits to the application of the foreign law: public order and overriding mandatory provisions (3 h)
Frontal lesson supported by materials available on the e-learning platform
B. Conforti, Diritto internazionale, Editoriale Scientifica, Napoli, last ed.
E. Pagano, Diritto internazionale privato. Parte generale e diritto di famiglia, Editoriale scientifica, Napoli, 2015, pp. 1-154
1. Number of the exam phases: 1
2. Exam objectives: verification of the student knowledge level on the principal course issues, specifically of the student capability to analyze and discuss the effects of international law on the national legal system ;
3. Exam methodology: oral exam
4. Timing: based on the Department exam calendar
5. Duration: 30 min
6. Typology: conversation
7. Exam final evaluation: Final Exam evaluation: the student will gain the minimum score when he will be able to demonstrate the acquisition of basic knowledge related to the source hierarchy, to the content of the international public law, to the modalities of assessment and sanctions for violations, and to the principles and the rules of private international law. The student will gain the maximum score when he will be able to demonstrate to have fully achieved the expected results, conforming to the Dublin Descriptors.
Preparatory courses: Institutions of Public Law