Syllabus
EN
IT
MARTINA CONTICELLI
PIERLUIGI SIMONE
FIAMMETTA BORGIA
Prerequisites
-
Program
The Course is divided into two Modules (International Law and Contemporary Challenges and Global Administrative Law).
The 1st Module aims at providing students with the knowledge of the basic elements of modern international law, with particular reference to subjects and legal sources, the United Nations collective security system, the State responsibility and disputes resolution.
It focuses on the nature of "public" international law as a legal order that was born historically - and still operates - to regulate relations between sovereign states in the international community. The role of international organizations and individuals in the international order is also introduced and analyzed, as well as the other "actors" that in recent times have become increasingly important in international practice, such as international non-governmental organizations.
The 2nd module focuses on the rise of global administration, on the emergence of administrative law mechanisms beyond the State and on transnational regulation.
It focuses on the logics, dynamics and challenges of what can be called “global administrative law”. “Global administrative law” refers to a situation in which: (1) relationships between the interests of individuals and public authorities are influenced or governed by multiple normative systems (from informal social norms to law, from specific rules to the general principles of law), with the consequence that such systems co-exist and compete with one another within the same territory or domain of activity; or (2) two or more systems of governance – such as the courts of different legal orders – claim authority over the same domain of activity.
Topics include: the criteria governing the expropriation of aliens; due process of law in regulatory and adjudicatory procedures; the tensions between custom, state law, and human rights in developing countries; and the ways in which the pluralist structure of international treaty law and organization are transforming law and courts at the national level.
The 1st Module aims at providing students with the knowledge of the basic elements of modern international law, with particular reference to subjects and legal sources, the United Nations collective security system, the State responsibility and disputes resolution.
It focuses on the nature of "public" international law as a legal order that was born historically - and still operates - to regulate relations between sovereign states in the international community. The role of international organizations and individuals in the international order is also introduced and analyzed, as well as the other "actors" that in recent times have become increasingly important in international practice, such as international non-governmental organizations.
The 2nd module focuses on the rise of global administration, on the emergence of administrative law mechanisms beyond the State and on transnational regulation.
It focuses on the logics, dynamics and challenges of what can be called “global administrative law”. “Global administrative law” refers to a situation in which: (1) relationships between the interests of individuals and public authorities are influenced or governed by multiple normative systems (from informal social norms to law, from specific rules to the general principles of law), with the consequence that such systems co-exist and compete with one another within the same territory or domain of activity; or (2) two or more systems of governance – such as the courts of different legal orders – claim authority over the same domain of activity.
Topics include: the criteria governing the expropriation of aliens; due process of law in regulatory and adjudicatory procedures; the tensions between custom, state law, and human rights in developing countries; and the ways in which the pluralist structure of international treaty law and organization are transforming law and courts at the national level.
Books
1st Module:
Selected materials and/or slides will be provided to the students during the course.
2nd Module:
Part I (Jean-Bernard Auby)
- Inge Kaul, Global Public Goods. A Concept for Framing the Post-2015 Agenda?, Discusssion Paper, Deutsches Institut fûr Entwicklungspolitik, 2013, http://www.mujeresporafrica.es/sites/default/files/Inge%20Kaul.pdf
- Jean-Bernard Auby, Globalisation, Law and the State, Hart Publishing, 2016, pp.129-136
- David Bederman, Diversity and Permeability in Transnational Governance, Emory Law Journal, 2007-2008, p.201
-A.Peters, L.Förster and T. Zinkernagel (eds), Non-State Actors as Standard Setters, Cambridge University Press, 2009
- Dossier “Climate Change and Public Law”, French Yearbook of Public Law, Issue 1, 2023
- Developments in the law: climate change, The Harvard Law Review, Volume 135, April 2022 Number 6
- Michael Joachim Bonell , The law governing international commercial contracts and the actual role of the UNIDROIT Principles, Uniform Law Review, Vol. 23, 2018, 15–41
- Jean-Bernard Auby, Globalisation, Law and the State, Hart Publishing, 2016, pp.129-136
- Council of Europe Commissioner for Human Rights, The rule of law on the Internet and in the wider digital world Issue paper, 2014
- Dana Burchardt, Does Digitalization Change International Law Structurally? German Law Journal (2023), 24, pp. 438–460
Part II (Martina Conticelli)
Introduction: the Globalization of Law
M. Shapiro, The Globalization of Law, 1 Indiana Journal of Global Legal Studies 37 (2000)
Background reading in the Textbook: S. Cassese p. 47-67
U. Mattei, A Theory of Imperial Law: A Study on U.S. Hegemony and the Latin Resistance, 17 Indiana Journal of Global Legal Studies (2005)
Background reading in the Textbook: S. Cassese p. 67-87
The Emergence of Global Administrative Law
Kingsbury et al., The Emergence of Global Administrative Law, 68 Law and Contemporary Problems,
p.15-62 (Summer 2005)
Public Law in a Globalized Perspective
B. Kingsbury, The Concept of "Law" in Global Administrative Law, 20 European Jl. Int.l Law 23
(2009)
M. De Bellis, Public law and private regulators in the global legal space
The rule of Law, due process of Law and the forms of Global Regulation
G. della Cananea, Beyond the State: the Europeanization and globalization of procedural administrative law, (2003) 9 European Public Law, p. 563 ff.
Conticelli, Global administrative procedures: distinguishing features
G. della Cananea, Administrative Due Process in Liberal Democracies: a Post-9/11 World, Italian Journal of Public Law, n. 3, 1/2011, pp. 195-223.
Selected materials and/or slides will be provided to the students during the course.
2nd Module:
Part I (Jean-Bernard Auby)
- Inge Kaul, Global Public Goods. A Concept for Framing the Post-2015 Agenda?, Discusssion Paper, Deutsches Institut fûr Entwicklungspolitik, 2013, http://www.mujeresporafrica.es/sites/default/files/Inge%20Kaul.pdf
- Jean-Bernard Auby, Globalisation, Law and the State, Hart Publishing, 2016, pp.129-136
- David Bederman, Diversity and Permeability in Transnational Governance, Emory Law Journal, 2007-2008, p.201
-A.Peters, L.Förster and T. Zinkernagel (eds), Non-State Actors as Standard Setters, Cambridge University Press, 2009
- Dossier “Climate Change and Public Law”, French Yearbook of Public Law, Issue 1, 2023
- Developments in the law: climate change, The Harvard Law Review, Volume 135, April 2022 Number 6
- Michael Joachim Bonell , The law governing international commercial contracts and the actual role of the UNIDROIT Principles, Uniform Law Review, Vol. 23, 2018, 15–41
- Jean-Bernard Auby, Globalisation, Law and the State, Hart Publishing, 2016, pp.129-136
- Council of Europe Commissioner for Human Rights, The rule of law on the Internet and in the wider digital world Issue paper, 2014
- Dana Burchardt, Does Digitalization Change International Law Structurally? German Law Journal (2023), 24, pp. 438–460
Part II (Martina Conticelli)
Introduction: the Globalization of Law
M. Shapiro, The Globalization of Law, 1 Indiana Journal of Global Legal Studies 37 (2000)
Background reading in the Textbook: S. Cassese p. 47-67
U. Mattei, A Theory of Imperial Law: A Study on U.S. Hegemony and the Latin Resistance, 17 Indiana Journal of Global Legal Studies (2005)
Background reading in the Textbook: S. Cassese p. 67-87
The Emergence of Global Administrative Law
Kingsbury et al., The Emergence of Global Administrative Law, 68 Law and Contemporary Problems,
p.15-62 (Summer 2005)
Public Law in a Globalized Perspective
B. Kingsbury, The Concept of "Law" in Global Administrative Law, 20 European Jl. Int.l Law 23
(2009)
M. De Bellis, Public law and private regulators in the global legal space
The rule of Law, due process of Law and the forms of Global Regulation
G. della Cananea, Beyond the State: the Europeanization and globalization of procedural administrative law, (2003) 9 European Public Law, p. 563 ff.
Conticelli, Global administrative procedures: distinguishing features
G. della Cananea, Administrative Due Process in Liberal Democracies: a Post-9/11 World, Italian Journal of Public Law, n. 3, 1/2011, pp. 195-223.
Bibliography
1st Module:
A. CASSESE, International Law, 2nd edition, Oxford University Press, 2004
2nd Module:
Part I (Jean-Bernard Auby)
J.B. Auby, Globalization, Law and the State, Bloomsbury, 2017
- What’s in a Concept? Global Public Goods, International Law, and Legitimacy Daniel Bodansky, The European Journal of International Law Vol. 23, 2012, no. 3
- Michael Barr and Geoffrey Miller, Global Administrative Law: The View from Basel The European Journal of International Law Vol. 17 no.1, 2006
-Convention on Biological Diversity, 1992
- Ralf Michaels,The True Lex Mercatoria: Law Beyond the State, Indiana Journal of Global Legal Studies, August 2008
-Data Protection General Regulation, 2016
Part II (Martina Conticelli)
- Gordon Anthony, Jean-Bernard Auby, John Morison, Tom Zwart (eds.), Values in Global Administrative Law, Oxford, Hart, 2011
- S. Cassese, The Global Polity. Global Dimensions of Democracy and the Rule of Law, Sevilla, Global Law Press, 2012
- P. Craig, UK, EU and Global Administrative Law, Cambridge, Cambridge University Press, 2015
- G. della Cananea, Due Process of Law Beyond the State: Requirements of Administrative Procedure, Oxford, OUP, 2016
A. CASSESE, International Law, 2nd edition, Oxford University Press, 2004
2nd Module:
Part I (Jean-Bernard Auby)
J.B. Auby, Globalization, Law and the State, Bloomsbury, 2017
- What’s in a Concept? Global Public Goods, International Law, and Legitimacy Daniel Bodansky, The European Journal of International Law Vol. 23, 2012, no. 3
- Michael Barr and Geoffrey Miller, Global Administrative Law: The View from Basel The European Journal of International Law Vol. 17 no.1, 2006
-Convention on Biological Diversity, 1992
- Ralf Michaels,The True Lex Mercatoria: Law Beyond the State, Indiana Journal of Global Legal Studies, August 2008
-Data Protection General Regulation, 2016
Part II (Martina Conticelli)
- Gordon Anthony, Jean-Bernard Auby, John Morison, Tom Zwart (eds.), Values in Global Administrative Law, Oxford, Hart, 2011
- S. Cassese, The Global Polity. Global Dimensions of Democracy and the Rule of Law, Sevilla, Global Law Press, 2012
- P. Craig, UK, EU and Global Administrative Law, Cambridge, Cambridge University Press, 2015
- G. della Cananea, Due Process of Law Beyond the State: Requirements of Administrative Procedure, Oxford, OUP, 2016
Teaching methods
1st Module:
Lectures will focus on the different topics. The active participation of students will be stimulated through the analysis of cases and materials. Group work will be requested in order to stimulate the mutual interaction and the focus on specific and relevant matters.
2nd Module:
The class will survey approaches to understanding global law in a range of settings, focusing on “inter- normativity”: the various ways in which autonomous normative orders, including systems of law with fully-fledged courts, interact with one another. A variety of issues concerning legal principles and rules, as well as their underlying values, will thus be considered.
Lectures will focus on the different topics. The active participation of students will be stimulated through the analysis of cases and materials. Group work will be requested in order to stimulate the mutual interaction and the focus on specific and relevant matters.
2nd Module:
The class will survey approaches to understanding global law in a range of settings, focusing on “inter- normativity”: the various ways in which autonomous normative orders, including systems of law with fully-fledged courts, interact with one another. A variety of issues concerning legal principles and rules, as well as their underlying values, will thus be considered.
Exam Rules
1st Module: International Law and Contemporary Challenges
With reference to the 1st Module, students’ evaluation will be based on the average grade of the 3 topics. As for topic 1, students’ evaluation will be based on the attendance and participation in class (25%) and on a final oral exam at the mid-term period (75%).
As for topic 2, the final exam in the mid-term period will cover the entire programme relating to the United Nations and Collective Security System. It will be composed by 27 multiple-choice questions and one open-ended question, covering part 1 - 2 - 3 and 4.
As for topic 3, the final oral exam in the mid-term period will cover the entire program relating to State Responsibility in International Law and Disputes Resolution in International Law.
Attendance (and positive evaluation) to the mid-term period exam is compulsory in order to pass the exam in the first round of the Winter session. Students who do not attend the mid-term period exam of Module 1 can do both modules in the second round (appello).
For round 2 exam of the Winter session, reserved for students absent in the mid-term period exam or students who have failed the mid-term exam or who have rejected the whole (Module 1 and 2) final grade of round 1, students will have to submit a paper for topic 1 by January 20 (unless they want to keep the grade for the mid-course assignment, if done), sustain a oral exam for topic 2 and sustain a final oral exam on all 3 topics in round 2.
Attendance to the class is strongly requested. In case of non-attending students (less than 80% presence), we advise to contact Prof. Borgia, Prof. Mucci and Prof. Simone (see Office hours) for a better understanding of the assessment methods.
2nd Module: Global Administrative Law
Students attending classes will be evaluated on the basis of (A) one short (2-3 page) “response paper” on
the weekly readings (40%), (B) attendance and participation (20%), and (C) a final oral exam (40%). Attendance to the final oral exam is compulsory in order to pass the exam. Students who do not attend the first round final oral exam of Module 2 must retake it in the second round, without foregoing the response papers results (and possibly the midterm results of module 1-topic 1), in the second round of the Winter session.
Non-attending students will have to take a written and oral exam and will have to study on the following materials (either both of them, or one at your choice if you decide to submit your response paper: information about submissions are regularly published on the course’s website):
- J.B. Auby, Globalization, Law and the State, Bloomsbury, 2017
- S. Cassese, A world government, Global Law Press, Sevilla 2018 pp. 47-85/ 109-175/ 191-213
Each response paper will have to pass an antiplagiarism check. Should a paper be tested positive to plagiarism, the outcome of the exam will be withdrawn (both the1st module and the 2nd one).
With reference to the 1st Module, students’ evaluation will be based on the average grade of the 3 topics. As for topic 1, students’ evaluation will be based on the attendance and participation in class (25%) and on a final oral exam at the mid-term period (75%).
As for topic 2, the final exam in the mid-term period will cover the entire programme relating to the United Nations and Collective Security System. It will be composed by 27 multiple-choice questions and one open-ended question, covering part 1 - 2 - 3 and 4.
As for topic 3, the final oral exam in the mid-term period will cover the entire program relating to State Responsibility in International Law and Disputes Resolution in International Law.
Attendance (and positive evaluation) to the mid-term period exam is compulsory in order to pass the exam in the first round of the Winter session. Students who do not attend the mid-term period exam of Module 1 can do both modules in the second round (appello).
For round 2 exam of the Winter session, reserved for students absent in the mid-term period exam or students who have failed the mid-term exam or who have rejected the whole (Module 1 and 2) final grade of round 1, students will have to submit a paper for topic 1 by January 20 (unless they want to keep the grade for the mid-course assignment, if done), sustain a oral exam for topic 2 and sustain a final oral exam on all 3 topics in round 2.
Attendance to the class is strongly requested. In case of non-attending students (less than 80% presence), we advise to contact Prof. Borgia, Prof. Mucci and Prof. Simone (see Office hours) for a better understanding of the assessment methods.
2nd Module: Global Administrative Law
Students attending classes will be evaluated on the basis of (A) one short (2-3 page) “response paper” on
the weekly readings (40%), (B) attendance and participation (20%), and (C) a final oral exam (40%). Attendance to the final oral exam is compulsory in order to pass the exam. Students who do not attend the first round final oral exam of Module 2 must retake it in the second round, without foregoing the response papers results (and possibly the midterm results of module 1-topic 1), in the second round of the Winter session.
Non-attending students will have to take a written and oral exam and will have to study on the following materials (either both of them, or one at your choice if you decide to submit your response paper: information about submissions are regularly published on the course’s website):
- J.B. Auby, Globalization, Law and the State, Bloomsbury, 2017
- S. Cassese, A world government, Global Law Press, Sevilla 2018 pp. 47-85/ 109-175/ 191-213
Each response paper will have to pass an antiplagiarism check. Should a paper be tested positive to plagiarism, the outcome of the exam will be withdrawn (both the1st module and the 2nd one).