30627 - GLOBAL ADMINISTRATIVE LAW
Department of Law
Course taught in English
Go to class group/s: 28
Course Director:
GIACINTO DELLA CANANEA
GIACINTO DELLA CANANEA
Suggested background knowledge
an adequate understanding of international law is required
Mission & Content Summary
MISSION
Public law, once centred on the State, is rapidly changing in an increasingly globalized world. National and international administrative officers, as well as judges and arbitrators are often confronted with issues that cut across national borders, as well as the traditional distinction between domestic law and international law. These issues include, among other things, the adoption of measures aiming at safeguarding global security, the elaboration of plans for protecting the environment, and the disputes concerning foreign investors. As much of current law “beyond the state” concerns the discharge of administrative functions and powers, it can be conceptualized as “administrative”. This course illustrates the nature and scope of “global administrative law”.
CONTENT SUMMARY
There will be, first, an introduction on the changing roles of both states and regional and global regulatory regimes.
This will be followed by an analysis of the global legal space, with a focus on cooperation between administrative agencies, the adoption of global standards, and the emergence of global courts.
Next, the general principles of law governing the conduct of both global and national authorities will be examined. Included among these principles are legality, due process of law, proportionality, and transparency.
The implementation of these principles will then be considered. For this purpose, some cases have been selected and will be discussed with participants.
Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
a) understand the distinction between international law and global administrative law
b) be aware of the increasing maze of global standards governing numerous areas.
c) understand the international role of national bureaucracies.
d) distinguish the various types of relationships between individuals, groups and public authorities.
APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
a) analyze norms, judicial decisions, and reports adopted by a host of global institutions and bodies.
b) consider the influence of global standards on national authorities
c) discuss the ways in which individual and collectives interests can be protected and promoted.
Teaching methods
- Lectures
- Practical Exercises
DETAILS
This course is taught through a combination of lectures and class discussions based on selected cases and materials that are available on the Bboard platform of the course.
Assessment methods
| Continuous assessment | Partial exams | General exam | |
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x |
ATTENDING STUDENTS
- With the purpose of measuring the acquisition of the above-mentioned learning outcomes, the students' assessment will be based on two main components:
- in-class participation (30% of the final grade) aimed to test the students' ability to understand the documents selected, to interact in a constructive way and to think critically.
- written exam (70% of the final grade), consisting of various types of questions (true/false, multiple choice and open questions) aimed to assess students' ability to apply the analytical tools illustrated during the course, to solve and explain questions concerning the discharge of administrative functions and powers, and to evaluate the potential consequence from the viewpoint of judicial and non-judicial remedies
NOT ATTENDING STUDENTS
Students who do not attend the course have to sit both a written and oral exam on the same day. The written exam consists of various type of questions (true or false questions and multiple choice questions) and is followed by the oral exam.
The assessment method for non-attending students is based on a final exam in written form. There will be three types of questions; that is, true/false, multiple choice and open questions. Considered as a whole, they aim at verifying the learning of the main principles of GAL and the ability to apply the knowledge students learned when studying the course material.
Teaching materials
ATTENDING STUDENTS
Attending students are requested to read all the materials discussed during the course and uploaded on blackboard. Additionally, they are requested to read one of the following textbooks:
- Sabino Cassese, Advanced Introduction to Global Administrative Law, Cheltenham, Elgar, 2023.
- Jean-Bernard Auby, Globalization, Law & the State, Oxford, Hart, 2017.
NOT ATTENDING STUDENTS
Not attending students are requested to read all the materials uploaded on blackboard, and in addition the following materials
Additionally, they are requested to read one of the following textbooks:
- Sabino Cassese, Advanced Introduction to Global Administrative Law, Cheltenham, Elgar, 2023.
- Jean-Bernard Auby, Globalization, Law & the State, Oxford, Hart, 2017.
Finally, they are requested to read one of the following articles:
- Martin Shapiro, The Globalization of Law, Indiana Journal of Global Legal Studies, vol. 1, 1993, pp. 38-64
- Benedict Kinsbury, Nico Krisch, Richard B. Stewart, The Emergence of Global Administrative Law, Law and Contemporary Legal Problems, vol. 68, 2005, pp. 15-60.
- Stefano Battini, The Globalization of Public Law, European Review of Public Law, 2005, pp. 1-32
Last change 09/07/2024 18:03