Unit PUBLIC INTERNATIONAL LAW
- Course
- Law
- Study-unit Code
- 05100212
- Location
- PERUGIA
- Curriculum
- In all curricula
- Teacher
- Alessandra Lanciotti
- Teachers
-
- Alessandra Lanciotti
- Hours
- 84 ore - Alessandra Lanciotti
- CFU
- 12
- Course Regulation
- Coorte 2016
- Offered
- 2017/18
- Learning activities
- Caratterizzante
- Area
- Internazionalistico
- Academic discipline
- 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 relations between the main actors of the International community (states, Organizations, individuals), analyzing its basic elements in the light of the great changes that have taken place in the last decades.
Beside the institutional issues (source system, law enforcement, dispute resolution, international accountability, integration in and compliance by domestic legal orders), a segment of the course is devoted to current issues and the activities of the UN and the International Criminal Court (part II).
Another 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,
or
RONZITTI N., Diritto internazionale dei conflitti armati, Giappichelli, Tourin, Parte I (capitoli 1-4), Parte II e Parte IV.
Part III (Private International Law):
Ballarino, Petrelli, Diritto internazionale privato italiano, ottava edizione, Cedam-Kluwer, Padua, 2016, Chapters I, II, III, IV,
or
MOSCONI F., Diritto internazionale privato e processuale, Parte generale e contratti, UTET, Tourin, 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 structure of the main international organizations, the rules of international criminal law and the theory of Italian private international law.
It also aims at acquiring the necessary skills in the identification and interpretation of the rules governing the relationship between subjects of the international community, examination of International courts’ case-law, and 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, that 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 lectures given face-to face, with the use of slides and of reading materials and case-law provided by the professor (decisions, resolutions, treaties, etc..) The same materials are published in the web page (“materiale didattico”) to become 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) 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, for those students who have attended the course question can be related also to some 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.
- Recognition of new states.
- Formation and transformation of International law: sources: custom, agreement, jus cogens, 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. Article 117 of the 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 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 international human rights law.
- The protection of the victims of armed conflicts. Main sources of International humanitarian law. Grave breaches of the Geneva Conventions. Universal jurisdiction.
- International criminal prosecutions: from Nuremberg to the establishment of a permanent International Criminal Court. The ICC: functioning and jurisdiction.
- Crimes within the jurisdiction of the Court: war crimes, crimes against humanity, genocide and the crime of aggression. Proceedings in front of the ICC. Sentencing and applicable penalties. Immunities from criminal jurisdiction
Part III - Private International law (3 CFU)
- 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 on the Italian system of private International law. Uniform law conventions.
- The European uniform rules. 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).