Teaching code

4S003753

Academic staff

Caterina Fratea, Sondra Faccio

Coordinator

Caterina Fratea

Credits

9

Language

English

Scientific Disciplinary Sector (SSD)

IUS/13 - INTERNATIONAL LAW

Period

Secondo Semestre Magistrali dal Feb 26, 2018 al May 25, 2018.

Lessons timetable Moodle Seminars 0

Learning outcomes

The course concerns the main aspects of International and European Union Law. It is made up of two parts.

INTERNATIONAL LAW MODULE:
it regards the structure of the international society as well as the nature and the sources of the international law: in particular, the formation of rules, the assessment, the coercive enforcement in the international legal order, and the mechanisms for the application of international provisions in the Italian legal system. Also some of the principal international organisations will be analysed paying special attention to international economic relations. In particular, the system of the United Nations, the World Trade Organisation, international investment law and the ICSID dispute settlement mechanisms.

EUROPEAN LAW MODULE:
it is related, in particular, to the EU institutional architecture as results from the Lisbon Treaty and its legal competences. Also the sources of the EU law and their application in the national legal systems will examined with particular regard to the relationship between EU and Italian legal systems. Among the EU competences the competition policies will be deepened, especially the provisions on cartels and abuse of dominant position.

At the end of the course the student should be able to:
- know and understand the main issues of International and European Union law, with special regard to investment law and competition law;
- carry critical analysis with respect to the issues discussed in the course;
- express the acquired knowledge and personal critical analysis through a written text, also showing command of the legal jargon.

Program

INTERNATIONAL LAW MODULE:
- the international society and its subjects;
- the sources of international law: general international law, treaties and secondary sources;
- international law and national law;
- the implementation of international law between States and between States and private actors;
- the World Trade Organisation: substantive law and system of dispute resolution;
- international law of investments: substantive law and the ICSID system of legal dispute resolution between States and investors.

EUROPEAN UNION LAW MODULE:
- the European Union and its institutions;
- the EU competences;
- the legal sources of EU law and their application in the national legal systems;
- the role of the European Court of Justice;
- EU competition law: cartels and abuse of dominant position;
- antitrust proceedings before the European Commission.

TEACHING METHODS
Classes are taught in English.
As for attending students, the teaching will comprise both lectures focused on the study of the basic notions and legal sources regarding European Union law and practical lectures during which the relevant case law will be discussed.
During the lessons the Professor will avail herself of powerpoint presentations.
The teaching materials used during the course will be provided to the students through the University e-learning platform.
As for non-attending students, the teaching methods will consist in the study of the proposed textbook (also taking into account the more recent legislative updates), to which the teacher can offer its support.

BIBLIOGRAPHY
- A. Tanzi, International Law. A Concise Introduction, (Bonomo, 2017).
- R. Schütze, An Introduction to European Law (Cambridge University Press, 2nd ed., 2015), ad esclusione delle pp. dalla 246 alla 294.

For students who attended the course, the exam will ascertain their preparation on the topics covered during the lectures and can be prepared on the materials distributed in class and on the e-learning platform.

Erasmus students are required to prepare the same course program as the Italian students.

Examination Methods

Both for Italian and Erasmus students, the exam will be held in English and will be:
- written for attending students. The written exam will be made of two sections: the first one with open questions; the second one with multiple choice questions. Each part will account for 50% of the final result;
- oral for non-attending students.

The exam is aimed at ascertaining, besides the required preparation, that the student has developed sufficient analytical capacity. In particular, the examination is aimed at assessing:
- the level of the preparation of the student;
- the use of the appropriate legal jargon;
- the ability of connecting the different topics of the programme;
- the analytical capacity.