Università degli Studi di Perugia

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Unit PUBLIC INTERNATIONAL LAW

Course
Law
Study-unit Code
05100212
Location
PERUGIA
Curriculum
In all curricula
Teacher
Alessandra Lanciotti
Teachers
  • Alessandra Lanciotti - Didattica Ufficiale
Hours
  • 84 ore - Didattica Ufficiale - Alessandra Lanciotti
CFU
12
Course Regulation
Coorte 2017
Offered
2018/19
Learning activities
Caratterizzante
Area
Internazionalistico
Sector
IUS/13
Type of study-unit
Obbligatorio (Required)
Type of learning activities
Attività formativa monodisciplinare
Language of instruction
Italian
Contents
The course of International law is designed as an introduction to the study of International law; it examines the structure of the International legal order and the rules governing the relations between the main actors of the International community (states, Organizations, individuals). It analyzes its basic elements in the light of the great changes that have taken place in the last decades.
Beside the institutional issues (such as the sources of International Law, law enforcement mechanisms, dispute resolution, International accountability, integration in and compliance by domestic legal orders), a segment of the course is devoted to current issues and activities of the UN and the International Criminal Court (part II).
The last part of the course offers a survey of the Italian Private International Law system (Part III).
Reference texts
Part I:
TANZI A., Introduzione al Diritto internazionale contemporaneo, Cedam, Padua,
or
RONZITTI N., Introduzione al diritto internazionale, Giappichelli ed., Tourin,
or
CONFORTI B., Diritto internazionale, Editoriale Scientifica, Naples.

Part II (International Humanitarian Law):
LANCIOTTI A., La Corte penale internazionale e la repressione delle gravi violazioni del diritto internazionale umanitario, Giappichelli ed., Tourin, 2013
or
RONZITTI N., Diritto internazionale dei conflitti armati, Giappichelli, Tourin, Part I (chapters from 1 to 4), Part II and Part IV.

Part III (Private International Law):
Ballarino T.(a cura di Petrelli e Ballarino E.) Diritto internazionale privato italiano, 8th edition, Cedam-Kluwer, Padua, 2016, only Chapters I, II III e IV;
or
MOSCONI F. CAMPIGLIO C., Diritto internazionale privato e processuale. Vol. I Parte generale e obbligazioni, 8th edition, UTET, Torino, 2017, only Chapters I, III, IV.
Educational objectives
The course aims to introduce the students to the study of International law by providing the basic knowledge of the structure of the International legal order in the age of globalization through the analysis of its normative sources, subjects and other actors, dispute settlement mechanisms, with particular reference to the functioning of the main International organizations, the rules of International criminal law and the theory of Italian private International law.
It also aims at giving the students the necessary skills in the identification and interpretation of the rules governing the relationship between the subjects of the International community, the examination of International case-law, and the use the conflict of law mechanisms.
Prerequisites
For a better understanding of the topics, students shall possess general notions of law on the State structure, the sources of law and the enforcement of rights, which they should have acquired during the first year. This precondition is valid for both attending and non attending students.
Teaching methods
The course consists of a series of face to face lectures and seminars, sometimes with the use of a presentation in power point; reading materials related to the topic discussed in class, such as case-law, ICJ decisions, texts of resolutions and treaties are provided by the professor. Those materials are published on the web page “materiale didattico” so they are available also to non attending students.
Other information
Course attendance is not compulsory, it becomes essential for those students wishing to write their final thesis in International law.
Attendance to classes on Private International Law (II Semester, April-May) is highly recommended for Erasmus incoming students.
Learning verification modality
The exam consists of an oral examination, i.e. an interview (lasting approximately 15 minutes) during which the professor poses questions to the student in spoken form about the topics included in the programme (at least one question on each part of the programme). For those students who have attended, question can be related also to the issues and cases examined during classes.
The duration of the examination may vary depending on the answers given by each candidate.
Extended program
- Historical development and structure of the International community and the origin of modern International law.
- Subjects and actors in the International community: States, International organizations and other entities. International legal personality of individuals.
- Naissance and recognition of new states.
- Formation and transformation of International law: sources: custom, treaties, jus cogens, general principles, other sources.
- Formation of International custom and its detection.
- Formation and validity of treaties. The 1969 Vienna Convention on the Law of Treaties, ratification and entry into force of the treaty, causes of invalidity and termination. Interpretation of treaties, reservations. - Other sources of International law, resolutions of International organizations.
- The source hierarchy and the relationship between rules.
- State and personal immunities under International law. Diplomatic immunities
- The law of the sea
- Incorporation of general International law and treaties into domestic legal orders. Articles 10 and 117 of the Italian Constitution.
- The violation of International Law rules and State responsibility.
- Internationally wrongful acts, characterization of an act of a State as Internationally wrongful, circumstances precluding wrongfulness. State responsibility, the ILC Project on Responsibility of States for Internationally Wrongful Acts (2001).
- International responsibility of individuals under International law.
- Settlement of International disputes: Definition of dispute and obligation of states to resolve it peacefully. Diplomatic means and judicial means of dispute settlement
- The role of the International Court of Justice.
- The use of force and the UN collective self-defence system. The UN Charter. The Security Council role, Chapter VII, article 51. Aggression.

Part II – International Criminal Law (3 CFU)
- International criminal law, International humanitarian law and human rights law.
- The protection of the victims of armed conflicts. Main sources of International humanitarian law, The Hague and Geneva Conventions.
- Grave breaches of the Geneva Conventions. Universal jurisdiction.
- International criminal prosecutions: from the Nuremberg Tribunal to the establishment of a permanent International Criminal Court (ICC).
- The ICC: functioning and jurisdiction.
- Crimes within the jurisdiction of the Court: war crimes, crimes against humanity, genocide and the crime of aggression.
- Proceedings before the ICC. Sentencing and applicable penalties. Immunities from criminal jurisdiction.

Part III Private International law (3CFU)
- Nature and function of private International law rules.
- Sources of law in the Italian private International law system: Law No. 218 of 1995 on the reform of the Italian system of private International law. Uniform law conventions.
Relevant EU regulations.
- Structure of the conflict of law rule: connecting factors and their classification, concurrence of connecting factors.
- Assessment and application of conflict of law rules, the "jura novit curia" principle. The so called "qualification" problem.
- The "renvoi" (article 13 Law No. 218 of 1995).
- Interstate conflict of laws.
- Limits to the application of foreign laws: the "ordre public" exception and the "lois the police" (articles 16 and 17, Law No. 218 of 2005).
- Jurisdiction: Jurisdictional links according to articles 3 and 4 of Law 218 of 1995; jurisdiction under UE Reg. 1215/2012 (Brussels I bis).
- Recognition of foreign judgments (in brief).
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