Scientific Disciplinary Sector (SSD)
IUS/13 - INTERNATIONAL LAW
secondo semestre magistrali dal Feb 24, 2020 al May 29, 2020.
The course covers the main legal tools of international and EU law, analysing the general functioning mechanisms and some specific fields of competence. The structure of international society and the legal sources of international law will be analysed, as well as the role and the functiong of the main international organizations and institutions, as the United Nations, the World Trade Organization, international investment law and the ICSID dispute settlement mechanisms. The module on EU law covers the institutional framework of the European Union and its competences, the legal sources of EU law and their application in the national legal systems. Specific attention will be devoted to the competition policies, especially to the provisions on agreements between undertakings and the abuse of dominant position. At the end of the course the student should be able to: - know and understand the functioning mechanisms of the international organization studied during the course, in light of the interplay of the international and EU law with the Italian legal system; - analyse these mechanisms by applying them to practical case that will be dealt with during the course; - understand in particular the legal tools related to investment law and competition law; - develop written communication skills showing a good command of the legal jargon..
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.
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.
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.
Non-attending Students shall prepare the exam on the following textbooks:
- A. Tanzi, International Law. A Concise Introduction, (Bonomo, 2017);
- K. Davies, Understanding European Union Law (Routledge, 7th ed., 2019), except for pages 155-184.
Erasmus students are required to prepare the same course program as the Italian students.
||International law. A Concise introduction
||Understanding European Union Law
||ad esclusione delle pagine 155-184
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.