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8011560 -
GLOBAL LAW
(obiettivi)
The Course is divided into two Modules (International Law and Contemporary Challenges and Global Administrative Law). It focuses on the logics, dynamics and challenges of what can be called “global law”. In particular, the 1st Module of the Course aims to provide 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. The 2nd module focuses on the rise of global administration, on the emergence of administrative law mechanisms beyond the State and on transnational regulation. This course focuses on the logics, dynamics, and challenges of what can be called “global law”. “Global 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.
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SIMONE PIERLUIGI
( programma)
STATE RESPONSIBILITY IN INTERNATIONAL LAW The International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts 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 Interamerican 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.
 A. CASSESE, International Law, 2nd edition, Oxford University Press, 2004 Selected materials and/or slides will be provided to the students during the course
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BORGIA FIAMMETTA
( programma)
THE CONCEPT AND DEVELOPMENT OF COLLECTIVE SECURITY Collective security: a historical journey The morphology of collective security Triggers, actors and institutions
THE UNITED NATIONS UN Charter UN Structure THE UN CHARTER’S SYSTEM OF COLLECTIVE SECURITY Powers of general assembly, general secretary and security council The contribution of regional, defence and security organisations to peace and security Economic and military sanctions
THE COLLECTIVE SECURITY AND THE PROTECTION OF HUMAN RIGHTS Humanitarian intervention Responsibility to Protect doctrine Criticisms
 A. CASSESE, International Law, 2nd edition, Oxford University Press, 2004 Selected materials and/or slides will be provided to the students during the course
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DELLA CANANEA GIACINTO
( programma)
1. Introduction: Public Law in a Globalized Perspective (27 Nov 2017) The main features of public law, within and beyond the State
2. The Faces of Global Law. Arbitral Lawmaking and State Power: An Empirical Analysis of Investment Arbitration (with prof. Alec Stone Sweet) (30 Nov 2017)
3. Enforcing the Rule of Law (4 Dec. 2017) The two concepts of the Rule of Law and its relevance beyond the State, particularly in Europe
4. US Administrative Law and Global Law (11 Dec. 2017) The Fifth Amendment to the US Constitution and the Administrative Procedure Act: A Global Due Process of Law?
5. Is Global Law an Instrument of Legal Imperialism (I)? The World Trade and the Shrimp-Turtles Saga (14 Dec. 2017) Law, Economics and Politics in the decisions of WTO dispute resolution bodies
6. Is Global Law an Instrument of Legal Imperialism (II)? Indigenous Groups and Property (18 Dec. 2017)
7. When Legal Orders Collide: Due Process of Law (I) (8 Jan. 2018) - UN sanctions against transnational terrorism and their implementation within the EU -
8. When Legal Orders Collide: Due Process of Law (II) (11 Jan. 2018) - UN sanctions against transnational terrorism and their implementation within the EU: the ruling of the Court of Justice in Kadi I and that of the General Court in Kadi II
 Part I (G. della Cananea)
General bibliography - M. Shapiro, The Globalization of Law, 1 Indiana Journal of Global Legal Studies 37 (2000) - B. Kingsbury, N. Krisch, R. B. Stewart & J. Weiner, The Emergence of Global Administrative Law, 68 Law and Contemporary Legal Problems 1 [2005] - 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
1. Introduction: Public Law in a Globalized Perspective (27 Nov 2017) The main features of public law, within and beyond the State Materials: - Security Council of United Nations, Resolution 1822 (2008) [concerning the measures to prevent terrorism] Reading - M. Shapiro, The Globalization of Law, 1 Indiana Journal of Global Legal Studies 37 (2000) - S. Cassese, The Global Polity (Ch 1).
2. The Faces of Global Law. Arbitral Lawmaking and State Power: An Empirical Analysis of Investment Arbitration (with prof. Alec Stone Sweet) (30 Nov 2017)
Materials and reading documents to be specified
3. Enforcing the Rule of Law (4 Dec. 2017) The two concepts of the Rule of Law and its relevance beyond the State, particularly in Europe Materials: - UK High Court of Justice (2015) on data retention and investigatory powers - European Court of Human Rights, Judgment of 28 February 2008, Case Saadi v. Italy (Application no. 37201/06) Reading: A. Stone Sweet, A cosmopolitan legal order: Constitutional pluralism and rights adjudication in Europe, 1 Global Constitutionalism 53 (2012) Additional optional reading: B. Kingsbury, The Concept of "Law" in Global Administrative Law, 20 European Jl. Int.l Law 23 (2009)
4. US Administrative Law and Global Law (11 Dec. 2017) The Fifth Amendment to the US Constitution and the Administrative Procedure Act: A Global Due Process of Law? Materials: - US Administrative Procedure Act, 5 U.S.C. §§ 551 ,553,701-706 - US Supreme Court, Citizens to Preserve Overton Park v. Volpe (1977) Reading: R.B. Stewart, U.S. Administrative Law: A Model for Global Administrative Law? 68 Law and Contemporary Problems 63 (2005)
5. Is Global Law an Instrument of Legal Imperialism (I)? The World Trade and the Shrimp-Turtles Saga (14 Dec. 2017) Law, Economics and Politics in the decisions of WTO dispute resolution bodies Materials: - United States - Import Prohibition of Certain Shrimp and Shrimp Products – Panel Report (2007) - United States - Import Prohibition of Certain Shrimp and Shrimp Products Appellate Body Report pursuant to Article 21.5 of the DSU (16 July 2008) Reading: - 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)
6. Is Global Law an Instrument of Legal Imperialism (II)? Indigenous Groups and Property (18 Dec. 2017) Materials: - The Mayagna (Sumo) Community v. Nicaragua, Inter-American Court of Human Rights (Judgment of 31 August 2001): excerpts. - Hul’qumi’num Treaty Group v. Canada, Inter-American Court of Human Rights, Petition 592-07 (Admissibility report, 2009) Reading: - B. Chimni, Co-option and Resistence: Two Faces of Global Administrative Law, 37 NYU J Int’l L & Policy 798 [2005]
7. When Legal Orders Collide: Due Process of Law (I) (8 Jan. 2018) - UN sanctions against transnational terrorism and their implementation within the EU - Materials (excerpts from): - Court of First Instance of the EU, Case T-315/01, Yassin Abdullah Kadi v Council of the EU and the Commission; - Advocate General Maduro, Opinion of 16 January 2008, Case C 402/05 P, Yassin Abdullah Kadi v Council of the EU and the Commission of the EC. Reading: - G. De Burca, The EU, the European Court of Justice and the International Legal Order after Kadi, Harvard International Law Journal, 51 Harv. Int'l L.J. 1/2010, pp. 1-49. - 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.
8. When Legal Orders Collide: Due Process of Law (II) (11 Jan. 2018) - UN sanctions against transnational terrorism and their implementation within the EU: the ruling of the Court of Justice in Kadi I and that of the General Court in Kadi II - Materials (excerpts from): - ECJ, Kadi and Al Barakaat International Foundation v Council and Commission (2008) C-402/05 - General Court (Seventh Chamber), Case T-85/09, Yassin Abdullah Kadi v European Commission (2010)
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MUCCI FEDERICA
( programma)
The Law of the International Community: Subjects and Sources of International Law (Prof. Mucci) 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 a) Custom b) Treaties c) General principles of law d) Hierarchy of sources and jus cogens e) soft law
 A. CASSESE, International Law, 2nd edition, Oxford University Press, 2004 Selected materials and/or slides will be provided to the students during the course
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CONTICELLI MARTINA
( programma)
Second Part Prof. Martina Conticelli 1. The emergence of global administrative Law 2. Global procedural requirements 3. The enforcement of decisions 4. Legality, rule of law and values in the global space
 Part II (Martina Conticelli)
1. 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)
2. Global procedural requirements - M. Conticelli, Global administrative Procedure: Distinguishing Features (forthcoming)
3. The enforcement of decisions - G. della Cananea, Beyond the State: the Europeanization and globalization of procedural administrative law, (2003) 9 European Public Law, p. 563 ff. - S. Cassese, Global Standards for National Administrative Procedure, 68 Law and Contemporary Problems, p. 109-126 (Summer 2005)
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AUBY JEAN BERNARD
( programma)
Part III (Jean-Bernard Auby)
1. Making Global Administrative Entities and Processes Democratic
2.General Interest and Public Goods under Legal Globalization po 3.Cooperation between States and Other Public Entities in a globalizing world
4.Transparency and Privacy: The Circulation of Information in Globalization Materials -
 1. Making Global Administrative Entities and Processes Democratic Materials - Aarhus Convention, 25 June 1998 Readings - Steven Wheatley, Democratic Governance beyond the State: the Legitimacy of Non-State Actors as Standard Setters, in Anne Peters, Lucy Koechlin, Till Förster and Greta Fenner Zinkernagel (eds), Non-State Actors as Standard-Setters, Cambridge University Press, 2009, pp.215-240 - Karl-Peter Sommermann, Introduction, in Cristina Fraenkel-Haeberle, Sabine Kropp, Francisco Palermo and Karl-Peter Sommermann (eds), Citizen Participation in Multi-Level Democracies, Brill Nijhoff, 2015, p.1 ff. - Francesca Bignami, Theories of civil society and Global Administrative Law: the case of the World Bank and international development, in Sabino Cassese (ed.), Research Handbook on Global Administrative Law, Edward Elgar, 2016, pp. 325-346
2.General Interest and Public Goods under Legal Globalization Materials - Le Club des Juristes, Global Pact for the Environment. Project, 2017 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
3.Cooperation between States and Other Public Entities in a globalizing world Materials - Directive 2006/123/EC, 12 December 2006 on services in the internal market, articles 28 to 36 Readings - Rüdiger Wolfrum, Solidarity amongst States: An Emerging Structural Principle of International Law, in Common Values in International Law. Essays in honour of Christian Tomuschat, N.P. Engel Verlag, 2006, pp. 1087-1101 - Jan Wouters, Government by Negotiation, in Sabino Cassese (ed.), Research Handbook on Global Administrative Law, Edward Elgar, 2016, pp.196-211 - Philip Dann, The Global Administrative Law of development cooperation, in Sabino Cassese (ed.), Research Handbook on Global Administrative Law, Edward Elgar, 2016, pp.414-435
4.Transparency and Privacy: The Circulation of Information in Globalization Materials - ECJ, 6 October 2015, Case C-362/14, Schrems Readings - Anne Peters, Towards Transparency as a Global Norm, in Andrea Bianchi and Anne Peters (eds), Transparency in International Law, Cambridge University Press, 2013, pp;534-606 - Jens-Peter Schneider, Basic Structures of Information Management in the European Administrative Union, European Public Law, 2014, Issue 1, pp. 89-106
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IUS/13
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Attività formative caratterizzanti
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ENG |
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8011582 -
STATISTICAL TOOLS FOR DECISION-MAKING
(obiettivi)
The course provides the basics of descriptive statistics and statistical inference, highlighting the potential applications in political, economic and social sciences.
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ROCCI ROBERTO
( programma)
Topic 1 Univariate descriptive statistics: types of data; graphical representations; means; variability. Topic 2 Bivariate descriptive statistics: contingency; correlation; simple linear regression. Topic 3 Probability: elementary probability rules; random variables; common families of distributions; sampling distributions. Topic 4 Statistical inference: point estimation; confidence intervals; statistical tests about hypotheses; multiple linear regression.
 Textbook Alan Agresti, Christine Franklin, “Statistics: The Art and Science of Learning From Data” Pearson; 3th International Edition, ISBN 9781447964186. (Textbook sections: 1.1-2, 2.1-5, 3.1-4, 4.1-3, 5.1-4, 6.1-3, 7.1-3, 8.1-4, 9.1-6, 13.1-3) Further reading Alan Agresti, Barbara Finlay, “Statistical Methods for the Social Sciences”, Pearson; 4th Edition.
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RANALLI MONIA
( programma)
Course Description The course provides the basics of descriptive statistics and statistical inference, highlighting the potential applications in political, economic and social sciences.
Teaching Method Classroom teaching, exercises, discussion of case studies.
Schedule of Topics Topic 1 Univariate descriptive statistics: types of data; graphical representations; means; variability. Topic 2 Bivariate descriptive statistics: contingency; correlation; simple linear regression. Topic 3 Probability: elementary probability rules; random variables; common families of distributions; sampling distributions. Topic 4 Statistical inference: point estimation; confidence intervals; statistical tests about hypotheses; multiple linear regression.
 Textbook Alan Agresti, Christine Franklin, “Statistics: The Art and Science of Learning From Data” Pearson; 3th International Edition, ISBN 9781447964186. (Textbook sections: 1.1-2, 2.1-5, 3.1-4, 4.1-3, 5.1-4, 6.1-3, 7.1-3, 8.1-4, 9.1-6, 13.1-3) Further reading Alan Agresti, Barbara Finlay, “Statistical Methods for the Social Sciences”, Pearson; 4th Edition.
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SECS-S/01
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54
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Attività formative di base
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ENG |
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8011667 -
POLITICAL SYSTEMS
(obiettivi)
This course is an introduction to the comparative study of politics. It aims at familiarizing students with the main concepts of political science such as government, state, nation, democracy, democratization and so on. With a special focus on the evolution and the diversity of political situations and attention to not only national but also local and global scales, we will compare and contrast the political regimes of various countries of the world, the roles of key political actors, political institutions, political processes and patterns of political competition. We will be particularly interested in Asian countries. The main objective for this course is to provide students with the broad context needed for analyzing the political phenomena of any country and understand the main criteria and tools used to compare and rank countries in the world, as well as what we mean by democracy, what makes a non-democracy become more democratic, what makes a stable democracy and so on.
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FRENKIEL EMILIE CHLOE' JULIE
( programma)
The course is based on lectures introducing students with major political concepts, institutions, processes, theories, and detailing case studies taken both from consolidated Western democracies, more recent democracies (India, Japan, Brazil) and non-democratic countries like Iran and China. Active participation is demanded on the part of students. Lectures will be supplemented with practical study based on class discussions, text commentaries in class and at home, as well as collective oral presentations on specific countries. Topic 1 What is politics? What is comparative politics? Topic 2 What is the public sphere? What role do media and social media play in democracies? Topic 3 How to classify political systems? Topic 4 How to define democracy? Topic 5 Development and transitions Topic 6 Representative, participatory, deliberative democracy
 Alan Draper, Ansil Ramsay, The Good society: an introduction to comparative politics, 2nd edition, Pearson, 2012
Patrick O’Neil, Essentials of Comparative politics, 5th edition, Norton, 2015 Mark Kesselman, Joel Krieger & William A. Joseph, Introduction to comparative politics, Political Challenges and Changing Agendas, 6th edition, Cengage Learning, 2013, Chapter 1 G. Bingham Powell, Russel J. Dalton and Kaare Strom, Comparative politics Today, a world view, 11th edition, Pearson, 2015, chapters 1, 2, 8, 9, 11, 13, 15, 17 and 18 Pierre Rosanvallon, Democracy, Past and Future, Columbia University Press, 2007 Robert A. Dahl, Ian Shapiro and José Antonio Cheibub, The Democracy Sourcebook, MIT, 2003, chapter 1
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SPS/11
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36
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Attività formative caratterizzanti
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ENG |
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8011568 -
ANTHROPOLOGY OF GLOBALISATION
(obiettivi)
This course is a study of present Rome, its cultural complexity and diversity. It offers the students local perspectives on globalization as it offers global perspectives on the city of Rome. The intertwined processes of globalization and localization will be addressed via an in-depth study of Rome and the social, cultural, political, demographic and economic transformations the city is currently going through. From a more general perspective, the course will introduce the concept of “global cities” and discuss global city theory. The course will introduce Rome via a diversity of topical prisms: immigration, neighborhood formations, ethnicity, tourism, popular culture, youth culture, religious identities, food and identity, etc. The course has an explicit aim to force students to recognize and valorize local particularities in a globalizing world, but also to understand these particularities less as relics of the past for the tourist to gaze at, and more like dynamic and ongoing adaptations to the centrifugal forces of globalization. Within this general frame, the course aims at training students to watch at Rome not only as an immobile city with a cherished past, but also a vivid location going towards its future. In this respect a secondary aim of the course is to allow students to critically assess the economic theory of the global city and to integrate it with a more complex perspective based not only on economics, but also on political science, sociology and cultural anthropology, since cultural aspects of globalization are central to a city like Rome and more relevant to its current development than strictly economic factors. The student will be asked to think about his or her own cultural backgrounds, to develop an analytic stance toward identity and power in the world today, to compare Rome to other urban settings in the World, and to learnedly discuss the global and local forces that shape his/her own life. Pre-requisites for the course: none.
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VERENI PIETRO
( programma)
Topic 1 What is culture? Topic 2 What is globalization of culture? Topic 3 Urban development Topic 4 Migration and the city (refugees) Topic 5 Religion and globalization (Islam and Judaism) Topic 6 Roman Catholicism Topic 7 Global and local tourism Topic 8 Housing issue and squats
 Textbook and Materials 1. Notes from lectures in class 2. Clifford Geertz: Towards an interpretive theory of culture 3. Arjun Appadurai: Disjuncture and difference in the global cultural economy 4. Selected essays from: I. Clough-Marinaro and B. Thomassen (eds) Global Rome - The changing faces of the Eternal City, Indiana University Press 2014. 5. Christopher Hibbert: The Refuge of All the Nations 6. V. Fabretti, P. Vereni, “When Homogeneity Calls for Superdiversity. Rome as a Religious Global City”, New Diversities, 18 (1), 2016: 74-89. 5. Thomas Hylland Eriksen, Overheating. An Anthropology of Accelerated Change, London, Pluto Press, 2016.
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M-DEA/01
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36
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Attività formative affini ed integrative
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ENG |