Michele NINO | International Law
Michele NINO International Law
cod. 0160100036
INTERNATIONAL LAW
| 0160100036 | |
| DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA) | |
| CORSO DI LAUREA MAGISTRALE A CICLO UNICO DI 5 ANNI | |
| LAW | |
| 2015/2016 |
| OBBLIGATORIO | |
| YEAR OF COURSE 2 | |
| YEAR OF DIDACTIC SYSTEM 2012 | |
| PRIMO SEMESTRE |
| SSD | CFU | HOURS | ACTIVITY | |
|---|---|---|---|---|
| IUS/13 | 9 | 81 | LESSONS |
| Objectives | |
|---|---|
| THE COURSE AIMS TO PROVIDE STUDENTS WITH A BASIC KNOWLEDGE OF THE INSTITUTIONAL ASPECTS AND OF THE STRUCTURE OF INTERNATIONAL ORDER AND COMMUNITY, AS WELL AS OF THE MAIN REGIMES OF SUBSTANTIVE LAW, IN ORDER TO DEEPEN AND CONSOLIDATE THEIR CULTURAL AND PROFESSIONAL FORMATION. THE PURPOSE OF THE COURSE IS TO ILLUSTRATE THE GENERAL PRINCIPLES OF INTERNATIONAL LAW, AS WELL AS THE ORIGINS, THE DEVELOPMENT AND THE HISTORICAL AND LEGAL EVOLUTION OF SUCH LAW, HAVING ALSO REGARD TO ITS DIFFERENT AREAS. FURTHERMORE, THE COURSE AIMS AT MAKING STUDENTS AWARE OF THE IMPORTANT ROLE PLAYED BY INTERNATIONAL LAW IN THE CURRENT INTERNATIONAL LEGAL SYSTEM, PROVIDING THEM THE TOOLS NEEDED TO ADEQUATELY INTERPRET AND APPLY INTERNATIONAL NORMS. THIS, IN ORDER TO ENABLE THEM TO CARRY OUT PROFESSIONAL ACTIVITIES, IN ITALY AND ABROAD, AND TO RESOLVE COMPLEX LEGAL PROBLEMS CONCERNING INTERNATIONAL LAW IN NATIONAL AND INTERNATIONAL WORKPLACES. TO THIS END, THE COURSE FOCUSES ON THE FOLLOWING TOPICS: THE FORMATION OF INTERNATIONAL NORMS; THE CONTENT OF INTERNATIONAL NORMS; THE APPLICATION OF INTERNATIONAL NORMS WITHIN NATIONAL LEGAL SYSTEMS; THE VIOLATION OF INTERNATIONAL NORMS AND ITS CONSEQUENCES; THE ASCERTAINMENT OF INTERNATIONAL NORMS WITHIN THE INTERNATIONAL COMMUNITY; THE SYSTEM OF PRIVATE INTERNATIONAL LAW AND THE LAW REFORM NO. 218/95; THE COORDINATION BETWEEN VARIOUS NATIONAL LEGAL SYSTEMS AND THE IDENTIFICATION OF THE APPLICABLE LAW. |
| Prerequisites | |
|---|---|
| HAVING PASSED THE EXAMINATION OF CONSTITUTIONAL LAW. |
| Contents | |
|---|---|
| GENERAL PART AS FAR AS THE GENERAL PART IS CONCERNED, THE COURSE DEALS WITH PUBLIC INTERNATIONAL LAW, THAT IS TO SAY THE LAW (OR LEGAL ORDER) OF THE COMMUNITY OF STATES. SUCH LAW NOT ONLY REGULATES MATTERS RELATED TO INTERSTATE RELATIONSHIPS, BUT, ALTHOUGH BASICALLY ADDRESSING TO STATES (AND RARELY TO INDIVIDUALS, NAMELY NATURAL PERSONS AND LEGAL ENTITIES), IT ALSO TENDS TO GOVERN RELATIONSHIPS TAKING PLACE WITHIN NATIONAL COMMUNITIES. IN THIS CONTEXT, FIRST, THE COURSE FOCUSES ON THE FORMATION OF INTERNATIONAL NORMS, IN PARTICULAR, GENERAL INTERNATIONAL LAW NORMS, INTERNATIONAL TREATY LAW NORMS AND SOURCES PROVIDED FOR BY TREATIES, HAVING ALSO REGARD TO THE PHENOMENON OF INTERNATIONAL ORGANIZATIONS (UNITED NATIONS, UNITED NATIONS SPECIALIZED AGENCIES, EUROPEAN UNION, COUNCIL OF EUROPE AND OTHER INTERNATIONAL ORGANIZATIONS). SECOND, THE COURSE ANALYZES THE CONTENT OF INTERNATIONAL NORMS, EXAMINING, IN PARTICULAR, THE NORM ON STATE SOVEREIGNTY AND THE LIMITS TO ITS APPLICATION (PUNISHMENT OF INTERNATIONAL CRIMES, ENVIRONMENTAL PROTECTION, TREATMENT OF FOREIGNERS, TREATMENT OF DIPLOMATIC AGENTS AND OTHER ORGANS OF FOREIGN STATES, TREATMENT OF INTERNATIONAL ORGANIZATIONS), AS WELL AS INTERNATIONAL MARITIME LAW, AIRSPACES, COSMIC SPACES AND POLAR REGIONS. THIRD, THE COURSE AIMS AT EXAMINING THE APPLICATION OF INTERNATIONAL NORMS WITHIN NATIONAL LEGAL SYSTEMS, THROUGH THE STUDY OF THE ADAPTATION OF NATIONAL LAW TO CUSTOMARY INTERNATIONAL LAW, TREATIES, SOURCES PROVIDED FOR BY TREATIES AS WELL AS EUROPEAN UNION LAW. THE COURSE ALSO DEALS WITH THE VIOLATION OF INTERNATIONAL LAW AND ITS CONSEQUENCES, ANALYZING VARIOUS TOPICS, SUCH AS: THE INTERNATIONALLY WRONGFUL ACT AND ITS CONSTITUTIVE ELEMENTS, THE CONSEQUENCES AND THE FORMS OF REPARATION FOR THE WRONGFUL ACT, THE SELF-DEFENSE IN INTERNATIONAL LAW, THE PROHIBITION OF THE USE OF FORCE AND THE UNITED NATIONS COLLECTIVE SECURITY SYSTEM. FURTHERMORE, THE COURSE DEVELOPS THE THEME OF THE ASCERTAINMENT OF INTERNATIONAL NORMS WITHIN THE INTERNATIONAL COMMUNITY, BY EXAMINING, IN PARTICULAR, THE ARBITRATION, THE MAIN INTERNATIONAL TRIBUNALS (UNIVERSAL, REGIONAL AND SECTORAL ONES) AND METHODS OF PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES. SPECIAL PART AS FAR AS THE SPECIAL PART IS CONCERNED, THE COURSE DEALS WITH PRIVATE INTERNATIONAL LAW, THAT IS TO SAY, THE CORPUS OF NORMS THAT EVERY STATE PROVIDES, IN ORDER TO REGULATE SITUATIONS OR RELATIONSHIPS INVOLVING PRIVATE PERSONS (NATURAL PERSONS AND COLLECTIVE BODIES), AND THAT, IN EACH AREA OF NATIONAL LEGAL SYSTEM, ARE NOT COMPLETELY INTERNAL TO SUCH SYSTEM. INDEED, THIS SITUATIONS OR RELATIONSHIPS HAVE SOME ELEMENTS OF INTERNATIONAL OR TRANS-NATIONAL NATURE. IN THIS CONTEXT, THE COURSES FOCUSES ON THE FOLLOWING TOPICS: THE SYSTEM OF PRIVATE INTERNATIONAL LAW AND THE LAW REFORM NO. 218/95, HAVING ALSO REGARD TO THE ADAPTATION OF ITALIAN LAW TO INTERNATIONAL AND EUROPEAN UNION LAW CONVENTIONS AS WELL AS TO THE COORDINATION BETWEEN SOURCES OF INTERNATIONAL LAW AND SOURCES OF EUROPEAN UNION LAW; THE NORMS OF PRIVATE INTERNATIONAL LAW; THE COORDINATION BETWEEN VARIOUS NATIONAL LEGAL SYSTEMS; THE OBJECT AND SCOPE OF NORMS OF CONFLICTS; THE CONNECTING FACTORS AND THE BASES OF JURISDICTION; THE APPLICABLE LAW; THE PROBLEM OF RENVOI; THE INTERPRETATION AND THE APPLICATION OF FOREIGN LAW; THE INTERNATIONAL PUBLIC POLICY. |
| Teaching Methods | |
|---|---|
| THE COURSE CONSISTS OF 81 HOURS LESSONS AND IS STRUCTURED IN THEORETICAL LESSONS ON GENERAL PROFILES OF THE MATTER AS WELL AS IN SEMINARS AND PRACTICAL LESSONS CONCERNING THE EXAMINATION OF JUDICIAL DECISIONS AND PRACTICAL CASES. STUDENTS ARE PROVIDED WITH THE FOLLOWING DOCUMENTATION: PUBLICATIONS, OFFICIAL DOCUMENTS AND NORMATIVE AND JUDICIAL ACTS. THE COURSE IS STRUCTURED FOR STUDENTS ATTENDING REGULARLY. STUDENTS WHO CANNOT ATTEND REGULARLY THE COURSE CAN CONTACT THE PROFESSOR FOR ANY INFORMATION OR INTEGRATIVE EXPLANATION. |
| Verification of learning | |
|---|---|
| THE METHODS VERIFYING THE STUDENTS LEARNING CONSIST IN THE ASSESSMENT, CARRIED OUT DURING LESSONS, SEMINARS AND PRACTICAL LESSONS, OF THE GENERAL KNOWLEDGE OF THE MATTER. TO THIS END, THROUGH INTERACTIVE AND ASSIDUOUS DEBATES WITH STUDENTS, THEY ARE ESTABLISHED THE DEVELOPMENT AND IMPROVEMENT OF A SERIES OF KNOWLEDGE AND SKILLS: ABILITY TO HAVE AN HISTORICAL AND LEGAL OVERVIEW OF INTERNATIONAL LAW; ABILITY TO UNDERSTAND, INTERPRET AND APPLY THE MAIN PROFILES OF INTERNATIONAL LAW; ABILITY TO CRITICALLY INTERPRET COMPLEX DATA AND INFORMATION AND COMPLEMENT THEIR KNOWLEDGE, IN ORDER TO CARRY OUT ASSESSMENTS AND CRITICAL CONSIDERATIONS ABOUT THE PROBLEMATIC ISSUES OF INTERNATIONAL LAW; ABILITY TO DEVELOP, DEEPEN AND IMPROVE, IN A CRITICAL AND AUTONOMOUS WAY, THE ACQUIRED SKILLS. THE FINAL EXAMINATION CONSISTS OF AN ORAL EXAMINATION. |
| Texts | |
|---|---|
| GENERAL PART BENEDETTO CONFORTI, DIRITTO INTERNAZIONALE, X EDIZIONE AGGIORNATA (X UPDATED EDITION), EDITORIALE SCIENTIFICA, NAPOLI, 2015 (THE WHOLE VOLUME). OR, ALTERNATIVELY ANTONIO CASSESE, DIRITTO INTERNAZIONALE, SECONDA EDIZIONE (SECOND EDITION), IL MULINO, BOLOGNA, 2013 (THE WHOLE VOLUME). SPECIAL PART FRANCO MOSCONI, CRISTINA CAMPIGLIO, DIRITTO INTERNAZIONALE PRIVATO E PROCESSUALE - VOL. I: PARTE GENERALE E OBBLIGAZIONI, SETTIMA EDIZIONE (SEVENTH EDITION), UTET GIURIDICA, TORINO, 2015 (ONLY CHAPTERS (CAPITOLI): FIRST (PRIMO; PAGES 1-47); THIRD (TERZO; PAGES 173-232); FOURTH (QUARTO; PAGES 237-290). NOTES FOR ANYONE INTERESTED IN MAKING USE OF A REFERENCE TEXT CONTAINING THE RELEVANT NORMATIVE DOCUMENTS EXAMINED DURING THE COURSE, IT IS RECOMMENDED THE USE OF: RICCARDO LUZZATTO, FAUSTO POCAR, CODICE DI DIRITTO INTERNAZIONALE PUBBLICO, SESTA EDIZIONE (SIXTH EDITION), GIAPPICHELLI EDITORE, TORINO, 2013. |
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