Teaching code

4S01080

Teacher

Giuliano Stasio

Coordinator

Giuliano Stasio

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/13 - INTERNATIONAL LAW

Period

2° periodo lezioni (2B) dal Apr 4, 2025 al May 24, 2025.

Courses Single

Authorized

Lessons timetable Moodle Seminars 0

Learning objectives

The objective of the course is to offer to the audience the conceptual tools needed to understand, analyse and deal with the questions arising out cases having an international element. The course, conducted by promoting critical reasoning and interaction in class, aims at providing students with the ability to navigate through the plurality of legal sources governing jurisdiction, choice-of-law and recognition/enforcement of foreign judicial acts/decisions in the Italian legal system.

Prerequisites and basic notions

None

Program

I. Object, purpose and features of private and procedural international law
- Origin, evolution and purpose of the subject matter
- Legal sources and unification pursued at International and European level
II. International procedural law fundamentals - specific attention will be devoted to Law n. 218/95 and Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (so called Brussels I bis)
- Allocation of jurisdiction in transnational cases: heads of jurisdiction and choice-of-court agreements
- Coordination of proceedings pending before different national courts: lis alibi pendens
- Mechanism regulating the circulation of decisions: requirement for the recognition and enforcement of foreign decisions.
III. "Choice of law" problem and coordination methods
- Structure and function of choice of law provisions, connecting factors
- Characterization and preliminary questions, renvoi
- Ascertainment and interpretation of foreign law
- Public policy and overriding mandatory provisions
- Overview on the EU choice of law regulations: characteristics and peculiarities of the EU choice of law
- Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (so called Rome I)
- Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (so called Rome II).

Bibliography

Didactic methods

Each class will be based on lectures - devoted to the transmission of key notions and concepts and supported by PowerPoint presentations - and group discussions on real cases. In order to be able to actively participate in class, students will be required to read in advance the decisions that are going to be analyzed. Legal materials, relevant decisions and further readings will be posted on the e-learning platform.
LANGUAGE OF THE COURSE
The course will be taught in Italian.
TEXTBOOKS
a) P. Franzina, Introduzione al diritto internazionale privato, Torino, 2023
or
b) F. Mosconi e C. Campiglio, Diritto internazionale privato e processuale, Vol. I: Parte generale e obbligazioni, VIII ed., Torino, 2017.
TEACHING - METHODS OF DELIVERY
The lessons, in compliance with the University guidelines, will be held in the presence. The video recordings will be made available only, upon request, to students who are in particular situations of fragility due to disabilities or learning disabilities.

Learning assessment procedures

Attending students
Attending students will take an oral exam on the topics and cases dealt with during the course.
Non-attending students
Non-attending students will take an oral exam, which will take the form of an interview aimed at ascertaining their knowledge of the fundamental principles of the subject.
Attending Erasmus students
Attending Erasmus students will have the option of taking the oral exam in a language of their choice between Italian, English and Spanish and be questioned on one of the cases studied in class, chosen by the student.

Evaluation criteria

Both the written test and the oral exam aim at verifying the knowledge of the fundamentals of Private and Procedural International Law

Criteria for the composition of the final grade

Each question asked during the interview will be evaluated from 0 to 30 and the grade will be the average of all the questions asked.

Exam language

Italiano, Inglese, Spagnolo

Sustainable Development Goals - SDGs

This initiative contributes to the achievement of the Sustainable Development Goals of the UN Agenda 2030. More information on sustainability