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Course 2021-2022 a.y.

50198 - ADMINISTRATIVE LAW - MODULE 2 (GLOBAL ADMINISTRATIVE LAW)

CLMG
Department of Law

Course taught in English


Go to class group/s: 31

CLMG (8 credits - I sem. - OBS  |  IUS/10)
Course Director:
MIRIAM ALLENA

Classes: 31 (I sem.)
Instructors:
Class 31: MIRIAM ALLENA


Mission & Content Summary
MISSION

This course focuses on the logics, dynamics, and challenges of “global administrative law”. This term 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.

CONTENT SUMMARY
  1. Global administrative law: concept and issues  

2. The globalization of law  

3. Global rules: environmental protection  

4. Global rules: cultural heritage 

5. Global rules: transnational terrorism  

6. Global values and general principles of law 

7. The rule of law: meaning 

8. The rule of law: critique 

9. Democracy   

10. Transparency, participation and environmental protection: the Shrimp / Turtle case 

11. Collective security and due process of law 

12. Indigenous Groups and Property 

13. Interest balancing: proportionality analysis 

14. Protecting rights: the ECHR and global constitutionalism 

15. A different way to enforce the ECHR: the Venice Commission  

16. Human dignity, fair trial and confiscation of assets 

17. Foreign Investment and National Rules 

18. A ‘new right’: the protection of data

19. Global Standards

20. Administration as governance 

 

 

 


Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Acquire a better understanding of how public authorities work at national and global level.
  • Identify the administrative techniques used by global regulatory regimes
  • Understand why administrative techniques are used by global regulatory regimes.
APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Give the emphasis that is put on the elaboration and discussion of response papers, one of the main expected outcome of this course is an improvement of students’ abilities to critically examine (legal) documents and to explain and discuss their points of view, also within teamwork.
  • Distinguish the pros and cons of various administrative techniques
  • Improve critical thinking.
  • Critically confront the conduct of national, European and international public authorities.

Teaching methods
  • Face-to-face lectures
  • Online lectures
  • Guest speaker's talks (in class or in distance)
  • Case studies /Incidents (traditional, online)
  • Individual assignments
DETAILS

This is an advanced course, based on “law in action”. The class surveys 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, are thus considered, on the basis of the readings and materials that are available on the Bboard platform of the course. 


Assessment methods
  Continuous assessment Partial exams General exam
  • Oral individual exam
  •     x
  • Individual assignment (report, exercise, presentation, project work etc.)
  • x    
    ATTENDING STUDENTS

    Attending students are evaluated on the basis of (A) a short (two pages) "response paper" on the weekly readings (50%), (B) a final oral exam  (50%)

     

    Guidelines for writing the response paper are uploaded on the Bboard at the beginning of the course. All the response papers are assessed before the oral exam.

     

    The exam takes place during the exam sessions, and consists of both open knowledge questions and 'cases questions', similar to those discussed during the course.

     

    The elaboration and presentation of the response paper aims at assessing students' ability to critically examine legal documents, as well as to explain and discuss different points of view.

     

    The final exam aims to assess students' ability to analyze and discuss how public authorities work at global level as well as the various administrative techniques which are used by global regulatory regimes.

    NOT ATTENDING STUDENTS

    Students who do not attend the course have to sit 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 final exam aims to assess students' ability to recognize basic knowledge regarding how public authorities work at global level as well as to analyze and discuss the various administrative techniques which are used by global regulatory regimes.


    Teaching materials
    ATTENDING STUDENTS

    Attending students are requested to read all the materials provided during the course and uploaded on blackboard. 

     

    Students could nonetheless study also the following optional materials:

    •       S. Cassese, The Global Polity. Global Dimensions of Democracy and the Rule of Law (Editorial Derecho Global / Global Law Press) 2014, available athttp://es.globallawpress.org/wp-content/uploads/02-TheGlobalPolity.pdf;
    •       J. B. Auby, Globalization, Law & the State, Oxford, Hart, 2017;

    •       G. Della Cananea, Due Process of Law Beyond the State. Requirements of Administrative Procedure (Oxford University Press, 2016).

    NOT ATTENDING STUDENTS

    Not attending students are requested to read all the materials uploaded on blackboard, and in addition the following materials:

     

    Mandatory materials (please choose at least one out of the two)

    •       S. Cassese, The Global Polity. Global Dimensions of Democracy and the Rule of Law (Editorial Derecho Global / Global Law Press) 2014, available at http://es.globallawpress.org/wp-content/uploads/02-TheGlobalPolity.pdf;
    •       J. B. Auby, Globalization, Law & the State, Oxford, Hart, 2017.

     

    Optional materials

    •      G. Della Cananea, Due Process of Law Beyond the State. Requirements of Administrative Procedure (Oxford University Press, 2016).

    Last change 23/08/2021 13:27