INTERNATIONAL LAW ADVANCED COURSE MOD.2

The purpose of this course is to complete the discussion of fundamental topics of contemporary International Law in order to acquire a deeper understanding of the development of International Law against the backdrop of globalization. In the second part of the course, Private International Law topics will be discussed with reference to International Business Law issues.

By the conclusion of this course, students who have successfully completed all of the requirements will have the knowledge and skills to:

1) Explain, distinguish and apply the fundamental concepts and terminology of International Law covered in the course, including Private International Law
2) Select and apply a range of legally specific rules and principles, methods and tools appropriate to respond to a factually complex International Law problem;
3) Plan and conduct a legal research including learning about and using legal databases, accessing, understanding and using primary and secondary legal resources necessary to work as a professional of International Law.
4) Learn and understand the basic problems and solutions offered by a Conflict of Laws (Private International Law) analysis to regulate transnational business relationships.

Knowledge of International Law. Students that do not meet this requirement should study an introductory textbook before the beginning of the course.

In the first part of the course the following topics will be explored:
- the United Nations and use of force
- International Economic and Financial Institutions
- International Dispute Resolution

In the second part of the course, some basic concepts of Private International Law (or Conflict of Laws) will be explored. In this field, typically a court must decide whether it has jurisdiction to adjudicate a dispute with foreign elements. If so, specific issues arise, such as the characterisation of the cause of action into its component legal categories; choice of law rules to determine which of the competing laws should be applied to each issue; renvoi; proof of foreign law; recognition and enforcement of foreign judgments. EU Private International Law and conflict of law rules contained in international conventions. International contract issues will be highlighted.

As for the first module, all students shall have knowledge of: Law n.218/95 (Reform of the Italian system of Private International Law). The English text of this Law is available in the download section of this website.
French speaking students will find the text and comments (in French) of the Italian private international Law in Revue critique de droit international privé 1996, p.174 with comments by Giardina, Ballarino, Pocar and Starace.

The reference textbook for this part (Private International Law) is: Geert Van Calster, European Private International Law, latest ed., Hart Pub..

- All students shall consult the following website: https://peacepalacelibrary.nl/research-guide/international-commercial-law .

There will be a written exam (essay questions, about 3 hours).
Candidates who are declared to be admissible may - if they wish so - ask to sit for an oral examination. This test consists of essays questions covering the whole of public international law or private international law. English speaking students are advised to follow and take the exam in the parallel course of International Law taught in the English language by another Professor.

written and oral

The lecturer has a duty to ensure that the rules regarding the authenticity and originality of exam tests and papers are respected. Therefore, if there is suspicion of irregular conduct, an additional assessment may be conducted, which could differ from the original exam description.

There will be no exam in English since an International Law course taught in English is offered in the same program.
I criteri di valutazione e i punteggi sono determinati secondo la seguente scala:
meno di 18/30: livello insufficiente. ll/la candidato/a non raggiunge i risultati di apprendimento previsti
18-20/30: livello sufficiente. ll/la candidato/a raggiunge i risultati di apprendimento previsti;
21-23/30: livello pienamente sufficiente. ll/la candidato/a raggiunge i risultati di apprendimento previsti con una certa padronanza degli strumenti conoscitivi
24-26/30: livello buono. ll/la candidato/a raggiunge i risultati di apprendimento previsti con una notevole padronanza degli strumenti conoscitivi e autonomia di giudizio;
27-29/30: livello molto buono. ll/la candidato/a raggiunge i risultati di apprendimento previsti con una ottima padronanza degli strumenti conoscitivi e autonomia di giudizio;
30-30 e lode: livello eccellente. ll/la candidato/a raggiunge i risultati di apprendimento previsti con una eccellente padronanza degli strumenti conoscitivi dimostrando una conoscenza piena della materia.

A blend of lectures and discussion over issues covered in the textbook. Some cases and/or videoclips may be used to increase interaction and discussion of topics.

The instructor may assign a dissertation work to those students having actively attended his lectures; who have obtained a high grade in this course and know at least two foreign languages. The estimated time is about 5 months (for those who have already taken all examinations).

This subject deals with topics related to the macro-area "International cooperation" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development