ID:
500165
Duration (hours):
40
CFU:
6
SSD:
DIRITTO INTERNAZIONALE
Year:
2025
Overview
Date/time interval
Primo Semestre (29/09/2025 - 12/12/2025)
Syllabus
Course Objectives
The course aims at providing students with a basic knowledge of the rules governing the international legal system, as well as an introduction to private international law basic issues (PIL).
Upon completion of the course, as regards the Public International Law module, students will be able to master the fundamentals (subjects and sources of IL, relations with domestic legal system, content of IL), to recognize and apply them also to concrete cases taken from international legal life, thanks to the study of the theory developed on the subject and the application jurisprudence of national and international courts. In respect of the Private International Law module, students will be able to discern how to solve the basic questions of the law applicable to relationships having more than one contact with foreign legal systems.
In this vein, the objectives of the course must be understood as specified in the following descriptors:
1. Knowledge and understanding: at the end of the course the students will be able to have an in-depth knowledge of the fundamentals of public international law and have a basic knowledge of the basics of private international law, in order to be able to recognize them and understand their specific functioning mechanisms.
2. Applied knowledge and understanding: at the end of the course the student will be able to apply the issues referred to in descriptor no. 1 to concrete cases of the life of international relations, reasoning over the proposed solutions.
3. Making judgments: at the end of the course the student will be able to evaluate and criticize in legal terms some behaviours held internationally by States and to detect situations where conflict-of-law rules must be applied.
4. Communication skills: at the end of the course the student will have acquired the appropriate terminology to understand and communicate the knowledge gained, also thanks to classroom exercises organized by discussion groups on hypothetical case studies.
5. Ability to learn: at the end of the course, through the study of the fundamentals in theory and practical application, the student will be able to autonomously identify other areas of study of international law that can be approached and deepened autonomously.
Upon completion of the course, as regards the Public International Law module, students will be able to master the fundamentals (subjects and sources of IL, relations with domestic legal system, content of IL), to recognize and apply them also to concrete cases taken from international legal life, thanks to the study of the theory developed on the subject and the application jurisprudence of national and international courts. In respect of the Private International Law module, students will be able to discern how to solve the basic questions of the law applicable to relationships having more than one contact with foreign legal systems.
In this vein, the objectives of the course must be understood as specified in the following descriptors:
1. Knowledge and understanding: at the end of the course the students will be able to have an in-depth knowledge of the fundamentals of public international law and have a basic knowledge of the basics of private international law, in order to be able to recognize them and understand their specific functioning mechanisms.
2. Applied knowledge and understanding: at the end of the course the student will be able to apply the issues referred to in descriptor no. 1 to concrete cases of the life of international relations, reasoning over the proposed solutions.
3. Making judgments: at the end of the course the student will be able to evaluate and criticize in legal terms some behaviours held internationally by States and to detect situations where conflict-of-law rules must be applied.
4. Communication skills: at the end of the course the student will have acquired the appropriate terminology to understand and communicate the knowledge gained, also thanks to classroom exercises organized by discussion groups on hypothetical case studies.
5. Ability to learn: at the end of the course, through the study of the fundamentals in theory and practical application, the student will be able to autonomously identify other areas of study of international law that can be approached and deepened autonomously.
Course Prerequisites
The basic knowledge necessary for a fruitful study of international law can be found in the program of the course of Institutions of Public Law of the first year, although it is no longer required to pass that exam as formal prerequisite.
In particular, it is necessary to have acquired solid knowledge of: elements of the State and its legal personality; differences between subjects and sources of public law and private law; the powers of the State bodies to represent and bind Italy in international relations; matters subject to the exclusive power of the Parliament in the Italian Constitution; relations between domestic legal sources and sources of international law; division of legislative competence between the State and the Regions in the Italian Constitution and the principle of subsidiarity; fundamental rights in the Italian Constitution.
In particular, it is necessary to have acquired solid knowledge of: elements of the State and its legal personality; differences between subjects and sources of public law and private law; the powers of the State bodies to represent and bind Italy in international relations; matters subject to the exclusive power of the Parliament in the Italian Constitution; relations between domestic legal sources and sources of international law; division of legislative competence between the State and the Regions in the Italian Constitution and the principle of subsidiarity; fundamental rights in the Italian Constitution.
Teaching Methods
The course consists of lectures and some seminars with guest speakers (which may be in English) and discussions on specific cases and topical issues. Materials for discussion, including in particular case-law by international and national courts, will be available to attending students on the kiro platform. Two modules will be delivered to the class: the first and prominent one on public international law, the second on the basics of private international law.
In the first module, the theory will be complemented by the critical analysis of the most relevant case-law by national and international courts, facilitating through discussion in class the reflection on actual events. Group work will also be proposed in class to develop the ability of debating and arguing on case studies by applying the theoretical issues with appropriate terminology to given scenarios. In addition, using innovative teaching tools, at the end of the main topics some self-assessment tests will be offered during class time to all attending students that will not affect the final grade but are aimed at helping students to understand the level reached in their preparation and indicating the teacher which parts of the program have been assimilated with difficulty.
In the second module, the basic questions of PIL as regulated by Law No 218/1995 will be tackled by presenting simple hypothetical cases to students that can arise in practice in everyday life while dealing with situations presenting contacts with foreign legal systems.
To be considered as attending students the attendance required is 75% of the total amount of teaching hours.
In the first module, the theory will be complemented by the critical analysis of the most relevant case-law by national and international courts, facilitating through discussion in class the reflection on actual events. Group work will also be proposed in class to develop the ability of debating and arguing on case studies by applying the theoretical issues with appropriate terminology to given scenarios. In addition, using innovative teaching tools, at the end of the main topics some self-assessment tests will be offered during class time to all attending students that will not affect the final grade but are aimed at helping students to understand the level reached in their preparation and indicating the teacher which parts of the program have been assimilated with difficulty.
In the second module, the basic questions of PIL as regulated by Law No 218/1995 will be tackled by presenting simple hypothetical cases to students that can arise in practice in everyday life while dealing with situations presenting contacts with foreign legal systems.
To be considered as attending students the attendance required is 75% of the total amount of teaching hours.
Assessment Methods
The assessment generally consists of an oral exam in which the knowledge acquired is tested.
The oral exam usually consists of three questions. For the Public International Law module, there will be two questions for all students (attending and non-attending): the first on very broad concepts that allow all the student to range between topics (and for attending students only to present the cases analysed in class together) while the second question will be focused on a more specific issue, demonstrating the individual study and further personal reflection. Finally, the third question will be differentiated as follows: for non-attending students on the basics of Private International Law (mostly devoted to the theoretical part developped in the assigned parts of the textbook); for attending students on the special monographic part on human rights and humanitarian law with focus on the right to food.
The exam will evaluate the overall command of the student to solve practical issues through legal reasoning based on the knowledge acquired and showed by: (a) capacity to identify the proper legal framework; (b) ability to present the argument that brings to the proper answer, gradually moving from the premise; (c) relevance and appropriateness of the recalled legal sources, and (d) capability to propose a critical view of the presented issues.
An exception to the general rule of the oral exam is provided only for attending students with respect to the specific program developed in class: they will have the opportunity to take the exam also in written form, in an optional session dedicated to them to be held in June before the ordinary sessions. In this case, the positive outcome can be confirmed according to the procedures indicated in class and on the 'kiro' platform. In all other ordinary sessions, attending students will also have to take the oral exam and only that.
For students attending the course, active participation in class discussion is a plus and will be evaluated as part of the final mark.
The individual performance will be evaluated on a basis of thirty (with thirty out of thirty cum laude being the maximum).
Written and oral exams are held in person. Exceptions to the exam in presence are provided only for students who have situations of long-term fragility (more than 15 days) certified by the doctor and for whom the same doctor certifies the inappropriateness of moving from home to the University.
Students admitted to inclusive teaching measures or to the ‘PA110 e lode’ initiative are invited to contact the course teachers.
The oral exam usually consists of three questions. For the Public International Law module, there will be two questions for all students (attending and non-attending): the first on very broad concepts that allow all the student to range between topics (and for attending students only to present the cases analysed in class together) while the second question will be focused on a more specific issue, demonstrating the individual study and further personal reflection. Finally, the third question will be differentiated as follows: for non-attending students on the basics of Private International Law (mostly devoted to the theoretical part developped in the assigned parts of the textbook); for attending students on the special monographic part on human rights and humanitarian law with focus on the right to food.
The exam will evaluate the overall command of the student to solve practical issues through legal reasoning based on the knowledge acquired and showed by: (a) capacity to identify the proper legal framework; (b) ability to present the argument that brings to the proper answer, gradually moving from the premise; (c) relevance and appropriateness of the recalled legal sources, and (d) capability to propose a critical view of the presented issues.
An exception to the general rule of the oral exam is provided only for attending students with respect to the specific program developed in class: they will have the opportunity to take the exam also in written form, in an optional session dedicated to them to be held in June before the ordinary sessions. In this case, the positive outcome can be confirmed according to the procedures indicated in class and on the 'kiro' platform. In all other ordinary sessions, attending students will also have to take the oral exam and only that.
For students attending the course, active participation in class discussion is a plus and will be evaluated as part of the final mark.
The individual performance will be evaluated on a basis of thirty (with thirty out of thirty cum laude being the maximum).
Written and oral exams are held in person. Exceptions to the exam in presence are provided only for students who have situations of long-term fragility (more than 15 days) certified by the doctor and for whom the same doctor certifies the inappropriateness of moving from home to the University.
Students admitted to inclusive teaching measures or to the ‘PA110 e lode’ initiative are invited to contact the course teachers.
Texts
For non attending students:
1. As for Public International Law: one of the two following texts:
(i) B. CONFORTI, Diritto internazionale, 12th ed. by M. Iovane, Napoli, Editoriale Scientifica, 2021 or
(ii) A. CASSESE, Diritto internazionale, 4th ed. by M.Frulli, 2021, Bologna, Il Mulino.
As an additional non-compulsory tool for the students, a very useful collection of the main legal materials to which the part of the course dedicated to public international law will be referred, is (in Italian): R. LUZZATTO, F. POCAR, F.C. VILLATA, Codice di diritto internazionale pubblico, 8th ed., Giappichelli, Torino, 2020.
2. As for Private International Law:
F. MOSCONI, C. CAMPIGLIO, Diritto internazionale privato e processuale, Parte generale e contratti, 9th ed., Torino, Utet, 2020, chapters I, III, IV.
For attending students, please refer to the specific materials indicated in the on-line platform 'Kiro', including the one on the special module dedicated to human rights, humanitarian law and the specific focus on the right to adequate and sustainable food.
1. As for Public International Law: one of the two following texts:
(i) B. CONFORTI, Diritto internazionale, 12th ed. by M. Iovane, Napoli, Editoriale Scientifica, 2021 or
(ii) A. CASSESE, Diritto internazionale, 4th ed. by M.Frulli, 2021, Bologna, Il Mulino.
As an additional non-compulsory tool for the students, a very useful collection of the main legal materials to which the part of the course dedicated to public international law will be referred, is (in Italian): R. LUZZATTO, F. POCAR, F.C. VILLATA, Codice di diritto internazionale pubblico, 8th ed., Giappichelli, Torino, 2020.
2. As for Private International Law:
F. MOSCONI, C. CAMPIGLIO, Diritto internazionale privato e processuale, Parte generale e contratti, 9th ed., Torino, Utet, 2020, chapters I, III, IV.
For attending students, please refer to the specific materials indicated in the on-line platform 'Kiro', including the one on the special module dedicated to human rights, humanitarian law and the specific focus on the right to adequate and sustainable food.
Contents
The course program will be divided into two main sections:
- The module on PUBLIC INTERNATIONAL LAW, focusing on the fundamental questions of the international legal system. In particular, the module will be devoted to: the elements of subjectivity in International Law (IL); the sources of IL; the relationship of IL with the national legal system, and -with respect to the content of international law rules- a focus on the limits to domestic jurisdiction, including immunity of States from jurisdiction, diplomatic protection, foreigners’ treatment, human rights and humanitarian law and effects of its violation. In the 2023-2024 academic year, only attending students will be offered a monographic part by Prof. Aldo Piccone (14 hours) which will focus on the right to adequate and sustainable food in international law. These issues will be presented with specific regard to the perspective of human rights, including their protection in emergency situations – whether due to armed conflicts, humanitarian crises and environmental breakdown-, as well as with a view to the protection of tangible and intangible cultural heritage. The program of general theory of public international law will be integrated, for attending students only as well, with the study of decisions in class rendered by the major international and domestic courts, useful to gain a better understanding on how the rules of international law have been formed and/or applied in practice.
- The module on INTRODUCTION TO PRIVATE INTERNATIONAL LAW. The sources of PIL (international, regional/European, national). Function and general rules of private international law on the basis of the relevant provisions of Law No 218/1995, explained also through case analysis (with particular focus on the elements of the conflict-of-laws provisions, the issue of 'characterisation', the problem of 'renvoi', the due knowledge of foreign legal systems, mandatory rules and public order, non-unified legal systems) developed in the assigned parts of the indicated textbook. In the a.y. 2023-2024 the private international law module will be dedicated to non-attending students only.
More details and assigned materials, including video lectures and multimedia materials, are provided on the kiro official web page of the course.
In particular, both slides, extracts as well as summaries of relevant domestic and international judgments are made available in the same repository, organized according to the various topics covered. Students admitted to the inclusive teaching measures or to the so-called 'PA110 e Lode' program will also have access to video recordings of the class work.
- The module on PUBLIC INTERNATIONAL LAW, focusing on the fundamental questions of the international legal system. In particular, the module will be devoted to: the elements of subjectivity in International Law (IL); the sources of IL; the relationship of IL with the national legal system, and -with respect to the content of international law rules- a focus on the limits to domestic jurisdiction, including immunity of States from jurisdiction, diplomatic protection, foreigners’ treatment, human rights and humanitarian law and effects of its violation. In the 2023-2024 academic year, only attending students will be offered a monographic part by Prof. Aldo Piccone (14 hours) which will focus on the right to adequate and sustainable food in international law. These issues will be presented with specific regard to the perspective of human rights, including their protection in emergency situations – whether due to armed conflicts, humanitarian crises and environmental breakdown-, as well as with a view to the protection of tangible and intangible cultural heritage. The program of general theory of public international law will be integrated, for attending students only as well, with the study of decisions in class rendered by the major international and domestic courts, useful to gain a better understanding on how the rules of international law have been formed and/or applied in practice.
- The module on INTRODUCTION TO PRIVATE INTERNATIONAL LAW. The sources of PIL (international, regional/European, national). Function and general rules of private international law on the basis of the relevant provisions of Law No 218/1995, explained also through case analysis (with particular focus on the elements of the conflict-of-laws provisions, the issue of 'characterisation', the problem of 'renvoi', the due knowledge of foreign legal systems, mandatory rules and public order, non-unified legal systems) developed in the assigned parts of the indicated textbook. In the a.y. 2023-2024 the private international law module will be dedicated to non-attending students only.
More details and assigned materials, including video lectures and multimedia materials, are provided on the kiro official web page of the course.
In particular, both slides, extracts as well as summaries of relevant domestic and international judgments are made available in the same repository, organized according to the various topics covered. Students admitted to the inclusive teaching measures or to the so-called 'PA110 e Lode' program will also have access to video recordings of the class work.
Course Language
Italian
More information
A study visit to the International Courts sitting in The Hague could be organised, in conformity with anti-COVID 19 existing rules and upon availability of the hosting International Organisations. Participation will be free but at the expenses of the attending students admitted. The monographic section on the right to adequate and sustainable food is realized within the NODES project Codice ECS00000036 financed by the MUR on the PNRR MUR funds - M4C2 "-Investment 1.5. Notice "Innovation ecosystems".
Degrees
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POLITICAL SCIENCE AND INTERNATIONAL RELATIONS
Bachelor’s Degree
3 years
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