Syllabus
EN
IT
Learning Outcomes
The course contributes to the achievement of the objectives of the degree course, in line with the professional profiles and employment outlets envisaged, providing students with notions useful for an in-depth and critical understanding of some major debates in the international and global law arena
KNOWLEDGE AND UNDERSTANDING:
At the end of the course, students will get to know and understand the Global Law challenges.
APPLYING KNOWLEDGE AND UNDERSTANDING: The course provides tools to understand pillars of international and global administrative law. 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.
MAKING JUDGEMENTS: the ability to draw independent judgments and conclusions about global and international law is stimulated by highlighting the connections between the concepts developed during the course, the notions acquired in previous courses and the links between these notions and the major contemporary juridical problems.
COMMUNICATION SKILLS: By attending the course and interacting with the 5 lecturers, students will develop their communication skills and their ability to organise and share articulate reasoning, combining notions of global and administrative law.
LEARNING SKILLS: Through the study of the course the students will acquire the ability to independently analyse and investigate specific topics related to the course contents.
Assessment of the Global Law exam
*GG3 students or above must follow the assessment rules of the syllabus of their year. The changes presented in the 2024-25 version of this syllabus only apply to the GG2 class of 2024-25*
The attendance status of the student is evaluated separately for module 1 and module 2. In order to be considered attending, a student needs to attend at least 80% of the classes (>34 h per module). Being non-attending to one of the modules does not affect the student’s attendance status in the other.
Module 1: International Law and contemporary challenges
The first round of exams for module 1 takes place in the midterm week. This round is open to all GG2 students (both attending and non-attending students).
The exam will cover all topics examined in Module 1, although reading materials differ between attending and non-attending students.
Exam are structured as follows:
Prof. F. Mucci
Attending = oral exam on reading material for attending students
Non attending = oral exam on reading material for non- attending students
Prof. P. Simone
Attending = oral exam on reading material for attending students
Non attending = oral exam on reading material for non- attending students
Prof. F. Borgia
Attending = group presentation + written exam on reading material for attending students (27 multiple choice questions + 1 open – ended question)
Non attending = written exam on reading material for non- attending students
Reading materials for attending students
Prof F. Mucci
The relevant parts of the textbook and the slides provided to students during the course and uploaded online
Prof P. Simone
The relevant parts of the textbook and the slides that will be provided to students during the course
Prof. F. Borgia
The relevant parts of the textbook and the slides that will be provided to students during the course
Reading materials for non-attending students
Prof F. Mucci
The relevant parts of the textbook and the slides provided to students during the course and uploaded online, and the comment on the case Loizidou v. Turkey uploaded online.
Prof P. Simone
The relevant parts of the textbook and the slides that will be provided to students during the course, and a case study that will be uploaded online
Prof. F. Borgia
The relevant material (pdf. or ppt.) and a case study that will be uploaded online during the course.
The student’s final evaluation for module 1 will consist in the average grade of the 3 grades form the three professors.
Module 2: Global Administrative Law
The first round of exams for module 1 takes place in the regular winter exam session. This round is open to all GG2 students (both attending and non-attending students).
The exam will cover all topics examined in Module 2, although reading materials differ between attending and non-attending students.
Exams are structured as follows:
Attending students (>34 h of attendance in module 2) 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. The oral exam will cover all mandatory readings for attending students
Non-attending students will take an oral exam on ALL the mandatory reading materials for non-attending students.
Mandatory reading materials for attending students
J.B. Auby, Globalization, Law and the State, Bloomsbury, 2017
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.
Mandatory reading materials for non-attending students.
TEXTBOOK 1 = J.B. Auby, Globalization, Law and the State, Bloomsbury, 2017
TEXTBOOK 2 = S. Cassese, A world government, Global Law Press, Sevilla 2018 pp. 47-85/ 109-175/ 191-213
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.
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).
1st and 2nd Module: final grade
If a student fails/ does not show up to / rejects at least one of the two modules in the first round (midterm week for module 1, finals week for module 2), he/she will have to retake both modules in the second round, losing any results obtained in the first call, but keeping his/her attendance status unchanged, and will prepare the exam accordingly. As a matter of fact, both modules must be completed in the same call.
*For module 2: Attending students who do not attend the first round final oral exam and therefore retake it in the second round, will not lose the response papers’ results in the second round.
The final grade given to the students for the Course of Global Law will be equivalent to the point average obtained between the final grade attributed at the end of the 1st Module (a minimum of 18 for each one of the three parts) and the final grade attributed at the end of the 2nd Module, rounded up for averages with 5 decimals. The exam will be passed if the average of the grades of the two modules is higher than 18 (each grade being higher or equal to 18).
Students who reject the final grade or fail in the Winter session, will lose all grades from the winter session and will be considered afterwards as non-attending students.
Learning Objectives
Learning Outcomes
The course contributes to the achievement of the objectives of the degree course, in line with the professional profiles and employment outlets envisaged, providing students with notions useful for an in-depth and critical understanding of some major debates in the international and global law arena
KNOWLEDGE AND UNDERSTANDING:
At the end of the course, students will get to know and understand the Global Law challenges.
APPLYING KNOWLEDGE AND UNDERSTANDING: The course provides tools to understand pillars of international and global administrative law. 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.
MAKING JUDGEMENTS: the ability to draw independent judgments and conclusions about global and international law is stimulated by highlighting the connections between the concepts developed during the course, the notions acquired in previous courses and the links between these notions and the major contemporary juridical problems.
COMMUNICATION SKILLS: By attending the course and interacting with the 5 lecturers, students will develop their communication skills and their ability to organise and share articulate reasoning, combining notions of global and administrative law.
LEARNING SKILLS: Through the study of the course the students will acquire the ability to independently analyse and investigate specific topics related to the course contents.
MARTINA CONTICELLI
Prerequisites
No formal pre-requisites
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.
including:
SUBJECTS OF INTERNATIONAL LAW
a) The main features of the International Community and its historical Evolution
b) The subjects of international law
- States
- International intergovernmental organizations
- Other subjects?
Individuals
SOURCES OF INTERNATIONAL LAW
- Custom
- Treaties
- Binding acts of international intergovernmental organizations
- General principles of law
- Hierarchy of sources and jus cogens
- Soft law
Part 1 THE UNITED NATIONS
UN ILP
UN Charter UN Structure
Part 2 THE UN CHARTER’S SYSTEM OF COLLECTIVE SECURITY
Powers of general assembly, general secretary and security council
The contribution of regional, defense and security organizations to peace and security
Economic and military sanctions
Part 3 THE COLLECTIVE SECURITY AND THE PROTECTION OF HUMAN RIGHTS
Humanitarian intervention Responsibility to Protect doctrine
Fight against Terrorism
STATE RESPONSIBILITY IN INTERNATIONAL LAW
The International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts
The rules of attribution
Circumstances precluding wrongfulness
Consequences of breach
Invocation of State responsibility
International liability for injurious consequences arising out of acts non prohibited by international law
DISPUTES RESOLUTION IN INTERNATIONAL LAW
The international judicial function: Arbitration; the International Court of Justice Regional and sectorial international courts: The General Court and the Court of Justice of the European Union; the International Tribunal of the Law of the Sea; the WTO Dispute Settlement Body; the European Court of Human Rights; the Inter-American Commission and Court of Human Rights; the African Commission and Court of Human Rights; the Committee for Human Rights of the United Nations Covenant on Civil and Political Rights; the International Criminal Court and the ad hoc International Criminal Tribunals.
The pacific resolution of international disputes and the non-judicial settlement procedures.
Introduction: Globalization and Law
General Interest and Public Goods under Legal Globalization
Non-State Actors in Legal Globalization
Climate Change, Biodiversity and Legal Globalization
Commerce in Legal Globalization
Internet, Digitalization and Legal Globalization
The Globalization of Law
Areas of legal globalization
Governance without Government: power and legitimacy in the global sphere
Does a global Constitution exist?
An Administrative Law without the State
Is there a Global Administrative Law?
Origins and features of GAL
Regulators: between private and public
Global standards for national proceedings
Global proceedings
Due Process of 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.
including:
SUBJECTS OF INTERNATIONAL LAW
a) The main features of the International Community and its historical Evolution
b) The subjects of international law
- States
- International intergovernmental organizations
- Other subjects?
Individuals
SOURCES OF INTERNATIONAL LAW
- Custom
- Treaties
- Binding acts of international intergovernmental organizations
- General principles of law
- Hierarchy of sources and jus cogens
- Soft law
Part 1 THE UNITED NATIONS
UN ILP
UN Charter UN Structure
Part 2 THE UN CHARTER’S SYSTEM OF COLLECTIVE SECURITY
Powers of general assembly, general secretary and security council
The contribution of regional, defense and security organizations to peace and security
Economic and military sanctions
Part 3 THE COLLECTIVE SECURITY AND THE PROTECTION OF HUMAN RIGHTS
Humanitarian intervention Responsibility to Protect doctrine
Fight against Terrorism
STATE RESPONSIBILITY IN INTERNATIONAL LAW
The International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts
The rules of attribution
Circumstances precluding wrongfulness
Consequences of breach
Invocation of State responsibility
International liability for injurious consequences arising out of acts non prohibited by international law
DISPUTES RESOLUTION IN INTERNATIONAL LAW
The international judicial function: Arbitration; the International Court of Justice Regional and sectorial international courts: The General Court and the Court of Justice of the European Union; the International Tribunal of the Law of the Sea; the WTO Dispute Settlement Body; the European Court of Human Rights; the Inter-American Commission and Court of Human Rights; the African Commission and Court of Human Rights; the Committee for Human Rights of the United Nations Covenant on Civil and Political Rights; the International Criminal Court and the ad hoc International Criminal Tribunals.
The pacific resolution of international disputes and the non-judicial settlement procedures.
Introduction: Globalization and Law
General Interest and Public Goods under Legal Globalization
Non-State Actors in Legal Globalization
Climate Change, Biodiversity and Legal Globalization
Commerce in Legal Globalization
Internet, Digitalization and Legal Globalization
The Globalization of Law
Areas of legal globalization
Governance without Government: power and legitimacy in the global sphere
Does a global Constitution exist?
An Administrative Law without the State
Is there a Global Administrative Law?
Origins and features of GAL
Regulators: between private and public
Global standards for national proceedings
Global proceedings
Due Process of Law
Books
Attending students:
1. Slides of the course.
2. Reading material distributed by the lecturers
Non attending students (below 80% attendance): will study ONE of the following textbooks:
1. Slides of the course.
2. Reading material distributed by the lecturers
Non attending students (below 80% attendance): will study ONE of the following textbooks:
Bibliography
Textbook and Materials
First Part
A. CASSESE, International Law, 2nd edition, Oxford University Press, 2004 Selected materials and/or slides will be provided to the students during the course.
Second Part
Students attending classes may study on the following textbook:
J.B. Auby, Globalization, Law and the State, Bloomsbury, 2017
Selected materials and/or slides will be provided to the students during the course (a detailed list will be uploaded on the course website at the beginning of each module)
Part I (Jean-Bernard Auby)
Readings and Materials
General Interest and Public Goods under Legal Globalization
Materials
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
Readings
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
Non-State Actors in Legal Globalization
Materials
Michael Barr and Geoffrey Miller, Global Administrative Law: The View from Basel The European Journal of International Law Vol. 17 no.1, 2006
Readings
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
Climate Change, Biodiversity and Legal Globalization
Materials
Convention on Biological Diversity, 1992
Readings
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, pril 2022 Number 6
Commerce in Legal Globalization
Materials
Ralf Michaels,The True Lex Mercatoria: Law Beyond the State, Indiana Journal of Global Legal Studies, August 2008
Readings
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
Internet, Digitalization and Legal Globalization
Materials
Data Protection General Regulation, 2016
Readings
- 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)
Lesson 1, A course on GAL;
Lesson 2, The Globalization of Law November 24, 2023 Areas of legal globalization;
Lesson 3, Governance without Government: power and legitimacy in the global sphere;
Lesson 4, Does a global Constitution exist?
Lesson 5, An Administrative Law without the State;
Lesson 6, Is there a Global Administrative Law?
Lesson 7, Origins and features of GAL;
Lesson 8, Regulators: between private and public;
Lesson 9, Global standards for national proceedings;
Lesson 10, Global proceedings;
Lesson 11, Class Presentations;
Lesson 12, Due Process of Law;
Lesson 13, Class debate;
Lesson 14, Class debate
General bibliography
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
First Part
A. CASSESE, International Law, 2nd edition, Oxford University Press, 2004 Selected materials and/or slides will be provided to the students during the course.
Second Part
Students attending classes may study on the following textbook:
J.B. Auby, Globalization, Law and the State, Bloomsbury, 2017
Selected materials and/or slides will be provided to the students during the course (a detailed list will be uploaded on the course website at the beginning of each module)
Part I (Jean-Bernard Auby)
Readings and Materials
General Interest and Public Goods under Legal Globalization
Materials
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
Readings
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
Non-State Actors in Legal Globalization
Materials
Michael Barr and Geoffrey Miller, Global Administrative Law: The View from Basel The European Journal of International Law Vol. 17 no.1, 2006
Readings
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
Climate Change, Biodiversity and Legal Globalization
Materials
Convention on Biological Diversity, 1992
Readings
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, pril 2022 Number 6
Commerce in Legal Globalization
Materials
Ralf Michaels,The True Lex Mercatoria: Law Beyond the State, Indiana Journal of Global Legal Studies, August 2008
Readings
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
Internet, Digitalization and Legal Globalization
Materials
Data Protection General Regulation, 2016
Readings
- 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)
Lesson 1, A course on GAL;
Lesson 2, The Globalization of Law November 24, 2023 Areas of legal globalization;
Lesson 3, Governance without Government: power and legitimacy in the global sphere;
Lesson 4, Does a global Constitution exist?
Lesson 5, An Administrative Law without the State;
Lesson 6, Is there a Global Administrative Law?
Lesson 7, Origins and features of GAL;
Lesson 8, Regulators: between private and public;
Lesson 9, Global standards for national proceedings;
Lesson 10, Global proceedings;
Lesson 11, Class Presentations;
Lesson 12, Due Process of Law;
Lesson 13, Class debate;
Lesson 14, Class debate
General bibliography
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
The course combines different teaching methods: lectures; seminars; student presentations. The lectures will provide the students with the necessary information and reading guidelines on the phenomena under study, while seminars will see students critically engage with this knowledge and encourage/participate in class debates. Students are expected to attend each class, to come to class prepared and to participate in discussions.
Exam Rules
Assessment of the Global Law exam
*GG3 students or above must follow the assessment rules of the syllabus of their year. The changes presented in the 2024-25 version of this syllabus only apply to the GG2 class of 2024-25*
The attendance status of the student is evaluated separately for module 1 and module 2. In order to be considered attending, a student needs to attend at least 80% of the classes (>34 h per module). Being non-attending to one of the modules does not affect the student’s attendance status in the other.
Module 1: International Law and contemporary challenges
The first round of exams for module 1 takes place in the midterm week. This round is open to all GG2 students (both attending and non-attending students).
The exam will cover all topics examined in Module 1, although reading materials differ between attending and non-attending students.
Exam are structured as follows:
Prof. F. Mucci
Attending = oral exam on reading material for attending students
Non attending = oral exam on reading material for non- attending students
Prof. P. Simone
Attending = oral exam on reading material for attending students
Non attending = oral exam on reading material for non- attending students
Prof. F. Borgia
Attending = group presentation + written exam on reading material for attending students (27 multiple choice questions + 1 open – ended question)
Non attending = written exam on reading material for non- attending students
Reading materials for attending students
Prof F. Mucci
The relevant parts of the textbook and the slides provided to students during the course and uploaded online
Prof P. Simone
The relevant parts of the textbook and the slides that will be provided to students during the course
Prof. F. Borgia
The relevant parts of the textbook and the slides that will be provided to students during the course
Reading materials for non-attending students
Prof F. Mucci
The relevant parts of the textbook and the slides provided to students during the course and uploaded online, and the comment on the case Loizidou v. Turkey uploaded online.
Prof P. Simone
The relevant parts of the textbook and the slides that will be provided to students during the course, and a case study that will be uploaded online
Prof. F. Borgia
The relevant material (pdf. or ppt.) and a case study that will be uploaded online during the course.
The student’s final evaluation for module 1 will consist in the average grade of the 3 grades form the three professors.
Module 2: Global Administrative Law
The first round of exams for module 1 takes place in the regular winter exam session. This round is open to all GG2 students (both attending and non-attending students).
The exam will cover all topics examined in Module 2, although reading materials differ between attending and non-attending students.
Exams are structured as follows:
Attending students (>34 h of attendance in module 2) 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. The oral exam will cover all mandatory readings for attending students
Non-attending students will take an oral exam on ALL the mandatory reading materials for non-attending students.
Mandatory reading materials for attending students
J.B. Auby, Globalization, Law and the State, Bloomsbury, 2017
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.
Mandatory reading materials for non-attending students.
TEXTBOOK 1 = J.B. Auby, Globalization, Law and the State, Bloomsbury, 2017
TEXTBOOK 2 = S. Cassese, A world government, Global Law Press, Sevilla 2018 pp. 47-85/ 109-175/ 191-213
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.
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).
1st and 2nd Module: final grade
If a student fails/ does not show up to / rejects at least one of the two modules in the first round (midterm week for module 1, finals week for module 2), he/she will have to retake both modules in the second round, losing any results obtained in the first call, but keeping his/her attendance status unchanged, and will prepare the exam accordingly. As a matter of fact, both modules must be completed in the same call.
*For module 2: Attending students who do not attend the first round final oral exam and therefore retake it in the second round, will not lose the response papers’ results in the second round.
The final grade given to the students for the Course of Global Law will be equivalent to the point average obtained between the final grade attributed at the end of the 1st Module (a minimum of 18 for each one of the three parts) and the final grade attributed at the end of the 2nd Module, rounded up for averages with 5 decimals. The exam will be passed if the average of the grades of the two modules is higher than 18 (each grade being higher or equal to 18).
Students who reject the final grade or fail in the Winter session, will lose all grades from the winter session and will be considered afterwards as non-attending students.
PIERLUIGI SIMONE
Bibliography
Textbook and Materials
Prima Parte
A. CASSESE, International Law, 2nd edition, Oxford University Press, 2004 Selected materials and/or slides will be provided to the students during the course.
Seconda Parte
Students attending classes may study on the following textbook:
J.B. Auby, Globalization, Law and the State, Bloomsbury, 2017
Selected materials and/or slides will be provided to the students during the course (a detailed list will be uploaded on the course website at the beginning of each module)
Part I (Jean-Bernard Auby)
Readings and Materials
General Interest and Public Goods under Legal Globalization
Materials
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
Readings
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
Non-State Actors in Legal Globalization
Materials
Michael Barr and Geoffrey Miller, Global Administrative Law: The View from Basel The European Journal of International Law Vol. 17 no.1, 2006
Readings
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
Climate Change, Biodiversity and Legal Globalization
Materials
Convention on Biological Diversity, 1992
Readings
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, pril 2022 Number 6
Commerce in Legal Globalization
Materials
Ralf Michaels,The True Lex Mercatoria: Law Beyond the State, Indiana Journal of Global Legal Studies, August 2008
Readings
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
Internet, Digitalization and Legal Globalization
Materials
Data Protection General Regulation, 2016
Readings
- 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)
Lesson 1, A course on GAL;
Lesson 2, The Globalization of Law November 24, 2023 Areas of legal globalization;
Lesson 3, Governance without Government: power and legitimacy in the global sphere;
Lesson 4, Does a global Constitution exist?
Lesson 5, An Administrative Law without the State;
Lesson 6, Is there a Global Administrative Law?
Lesson 7, Origins and features of GAL;
Lesson 8, Regulators: between private and public;
Lesson 9, Global standards for national proceedings;
Lesson 10, Global proceedings;
Lesson 11, Class Presentations;
Lesson 12, Due Process of Law;
Lesson 13, Class debate;
Lesson 14, Class debate
General bibliography
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
Prima Parte
A. CASSESE, International Law, 2nd edition, Oxford University Press, 2004 Selected materials and/or slides will be provided to the students during the course.
Seconda Parte
Students attending classes may study on the following textbook:
J.B. Auby, Globalization, Law and the State, Bloomsbury, 2017
Selected materials and/or slides will be provided to the students during the course (a detailed list will be uploaded on the course website at the beginning of each module)
Part I (Jean-Bernard Auby)
Readings and Materials
General Interest and Public Goods under Legal Globalization
Materials
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
Readings
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
Non-State Actors in Legal Globalization
Materials
Michael Barr and Geoffrey Miller, Global Administrative Law: The View from Basel The European Journal of International Law Vol. 17 no.1, 2006
Readings
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
Climate Change, Biodiversity and Legal Globalization
Materials
Convention on Biological Diversity, 1992
Readings
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, pril 2022 Number 6
Commerce in Legal Globalization
Materials
Ralf Michaels,The True Lex Mercatoria: Law Beyond the State, Indiana Journal of Global Legal Studies, August 2008
Readings
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
Internet, Digitalization and Legal Globalization
Materials
Data Protection General Regulation, 2016
Readings
- 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)
Lesson 1, A course on GAL;
Lesson 2, The Globalization of Law November 24, 2023 Areas of legal globalization;
Lesson 3, Governance without Government: power and legitimacy in the global sphere;
Lesson 4, Does a global Constitution exist?
Lesson 5, An Administrative Law without the State;
Lesson 6, Is there a Global Administrative Law?
Lesson 7, Origins and features of GAL;
Lesson 8, Regulators: between private and public;
Lesson 9, Global standards for national proceedings;
Lesson 10, Global proceedings;
Lesson 11, Class Presentations;
Lesson 12, Due Process of Law;
Lesson 13, Class debate;
Lesson 14, Class debate
General bibliography
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
FIAMMETTA BORGIA
Bibliography
Textbook and Materials
First Part
A. CASSESE, International Law, 2nd edition, Oxford University Press, 2004 Selected materials and/or slides will be provided to the students during the course.
Second Part
Students attending classes may study on the following textbook:
J.B. Auby, Globalization, Law and the State, Bloomsbury, 2017
Selected materials and/or slides will be provided to the students during the course (a detailed list will be uploaded on the course website at the beginning of each module)
Part I (Jean-Bernard Auby)
Readings and Materials
General Interest and Public Goods under Legal Globalization
Materials
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
Readings
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
Non-State Actors in Legal Globalization
Materials
Michael Barr and Geoffrey Miller, Global Administrative Law: The View from Basel The European Journal of International Law Vol. 17 no.1, 2006
Readings
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
Climate Change, Biodiversity and Legal Globalization
Materials
Convention on Biological Diversity, 1992
Readings
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, pril 2022 Number 6
Commerce in Legal Globalization
Materials
Ralf Michaels,The True Lex Mercatoria: Law Beyond the State, Indiana Journal of Global Legal Studies, August 2008
Readings
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
Internet, Digitalization and Legal Globalization
Materials
Data Protection General Regulation, 2016
Readings
- 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)
Lesson 1, A course on GAL;
Lesson 2, The Globalization of Law November 24, 2023 Areas of legal globalization;
Lesson 3, Governance without Government: power and legitimacy in the global sphere;
Lesson 4, Does a global Constitution exist?
Lesson 5, An Administrative Law without the State;
Lesson 6, Is there a Global Administrative Law?
Lesson 7, Origins and features of GAL;
Lesson 8, Regulators: between private and public;
Lesson 9, Global standards for national proceedings;
Lesson 10, Global proceedings;
Lesson 11, Class Presentations;
Lesson 12, Due Process of Law;
Lesson 13, Class debate;
Lesson 14, Class debate
General bibliography
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
First Part
A. CASSESE, International Law, 2nd edition, Oxford University Press, 2004 Selected materials and/or slides will be provided to the students during the course.
Second Part
Students attending classes may study on the following textbook:
J.B. Auby, Globalization, Law and the State, Bloomsbury, 2017
Selected materials and/or slides will be provided to the students during the course (a detailed list will be uploaded on the course website at the beginning of each module)
Part I (Jean-Bernard Auby)
Readings and Materials
General Interest and Public Goods under Legal Globalization
Materials
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
Readings
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
Non-State Actors in Legal Globalization
Materials
Michael Barr and Geoffrey Miller, Global Administrative Law: The View from Basel The European Journal of International Law Vol. 17 no.1, 2006
Readings
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
Climate Change, Biodiversity and Legal Globalization
Materials
Convention on Biological Diversity, 1992
Readings
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, pril 2022 Number 6
Commerce in Legal Globalization
Materials
Ralf Michaels,The True Lex Mercatoria: Law Beyond the State, Indiana Journal of Global Legal Studies, August 2008
Readings
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
Internet, Digitalization and Legal Globalization
Materials
Data Protection General Regulation, 2016
Readings
- 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)
Lesson 1, A course on GAL;
Lesson 2, The Globalization of Law November 24, 2023 Areas of legal globalization;
Lesson 3, Governance without Government: power and legitimacy in the global sphere;
Lesson 4, Does a global Constitution exist?
Lesson 5, An Administrative Law without the State;
Lesson 6, Is there a Global Administrative Law?
Lesson 7, Origins and features of GAL;
Lesson 8, Regulators: between private and public;
Lesson 9, Global standards for national proceedings;
Lesson 10, Global proceedings;
Lesson 11, Class Presentations;
Lesson 12, Due Process of Law;
Lesson 13, Class debate;
Lesson 14, Class debate
General bibliography
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
FEDERICA MUCCI
Bibliography
Textbook and Materials
Prima Parte
A. CASSESE, International Law, 2nd edition, Oxford University Press, 2004 Selected materials and/or slides will be provided to the students during the course.
Seconda Parte
Students attending classes may study on the following textbook:
J.B. Auby, Globalization, Law and the State, Bloomsbury, 2017
Selected materials and/or slides will be provided to the students during the course (a detailed list will be uploaded on the course website at the beginning of each module)
Part I (Jean-Bernard Auby)
Readings and Materials
General Interest and Public Goods under Legal Globalization
Materials
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
Readings
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
Non-State Actors in Legal Globalization
Materials
Michael Barr and Geoffrey Miller, Global Administrative Law: The View from Basel The European Journal of International Law Vol. 17 no.1, 2006
Readings
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
Climate Change, Biodiversity and Legal Globalization
Materials
Convention on Biological Diversity, 1992
Readings
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, pril 2022 Number 6
Commerce in Legal Globalization
Materials
Ralf Michaels,The True Lex Mercatoria: Law Beyond the State, Indiana Journal of Global Legal Studies, August 2008
Readings
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
Internet, Digitalization and Legal Globalization
Materials
Data Protection General Regulation, 2016
Readings
- 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)
Lesson 1, A course on GAL;
Lesson 2, The Globalization of Law November 24, 2023 Areas of legal globalization;
Lesson 3, Governance without Government: power and legitimacy in the global sphere;
Lesson 4, Does a global Constitution exist?
Lesson 5, An Administrative Law without the State;
Lesson 6, Is there a Global Administrative Law?
Lesson 7, Origins and features of GAL;
Lesson 8, Regulators: between private and public;
Lesson 9, Global standards for national proceedings;
Lesson 10, Global proceedings;
Lesson 11, Class Presentations;
Lesson 12, Due Process of Law;
Lesson 13, Class debate;
Lesson 14, Class debate
General bibliography
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
Prima Parte
A. CASSESE, International Law, 2nd edition, Oxford University Press, 2004 Selected materials and/or slides will be provided to the students during the course.
Seconda Parte
Students attending classes may study on the following textbook:
J.B. Auby, Globalization, Law and the State, Bloomsbury, 2017
Selected materials and/or slides will be provided to the students during the course (a detailed list will be uploaded on the course website at the beginning of each module)
Part I (Jean-Bernard Auby)
Readings and Materials
General Interest and Public Goods under Legal Globalization
Materials
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
Readings
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
Non-State Actors in Legal Globalization
Materials
Michael Barr and Geoffrey Miller, Global Administrative Law: The View from Basel The European Journal of International Law Vol. 17 no.1, 2006
Readings
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
Climate Change, Biodiversity and Legal Globalization
Materials
Convention on Biological Diversity, 1992
Readings
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, pril 2022 Number 6
Commerce in Legal Globalization
Materials
Ralf Michaels,The True Lex Mercatoria: Law Beyond the State, Indiana Journal of Global Legal Studies, August 2008
Readings
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
Internet, Digitalization and Legal Globalization
Materials
Data Protection General Regulation, 2016
Readings
- 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)
Lesson 1, A course on GAL;
Lesson 2, The Globalization of Law November 24, 2023 Areas of legal globalization;
Lesson 3, Governance without Government: power and legitimacy in the global sphere;
Lesson 4, Does a global Constitution exist?
Lesson 5, An Administrative Law without the State;
Lesson 6, Is there a Global Administrative Law?
Lesson 7, Origins and features of GAL;
Lesson 8, Regulators: between private and public;
Lesson 9, Global standards for national proceedings;
Lesson 10, Global proceedings;
Lesson 11, Class Presentations;
Lesson 12, Due Process of Law;
Lesson 13, Class debate;
Lesson 14, Class debate
General bibliography
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