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Course 2022-2023 a.y.

50199 - ADMINISTRATIVE LAW - GLOBAL ADMINISTRATIVE LAW

Department of Law

Course taught in English



Go to class group/s: 31

CLMG (8 credits - I sem. - OP) - M (6 credits - I sem. - OP) - IM (6 credits - I sem. - OP) - MM (6 credits - I sem. - OP) - AFC (6 credits - I sem. - OP) - CLELI (6 credits - I sem. - OP) - ACME (6 credits - I sem. - OP  |  IUS/10) - DES-ESS (6 credits - I sem. - OP) - EMIT (6 credits - I sem. - OP) - GIO (6 credits - I sem. - OP  |  IUS/10) - DSBA (6 credits - I sem. - OP) - PPA (6 credits - I sem. - OP) - FIN (6 credits - I sem. - OP)
Course Director:
GIACINTO DELLA CANANEA

Classes: 31 (I sem.)
Instructors:
Class 31: GIACINTO DELLA CANANEA


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), and (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 emergence of collective interests at global level; the transnational judicial protection of the individual; due process of law in regulatory and adjudicatory procedures; the tensions between treaties, state law, and human rights in developing countries.

CONTENT SUMMARY

 

  1. The Globalization of Law
  2. Relationships between public authorities
  3. ‘Public goods’: health
  4. Public ‘Goods’: Food
  5. Public ‘Goods’: Cultural Heritage
  6. Public ‘Goods’: Land Grabbing
  7. Values: Democracy and the Rule of Law
  8. Values: Fundamental Rights
  9. Values: Just ‘Western’ Values?
  10. Global Security and Due Process
  11. Environmental Protection, Due Process and Transparency
  12. Foreign Investment and National Policies
  13. Proportionality
  14. Indigenous Groups and Property
  15. Due Process and Judicial Protection
  16. Data Protection

​​​​​​​


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;
  • Be capable to distinguish the pros and cons of various administrative techniques;
  • Understand why those 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 (e.g. with regard to judicial decisions);
  • Improve critical thinking. Additionally, students have an opportunity to shed light on the relationships between national, European, and international public authorities. 

Teaching methods
  • Face-to-face lectures
  • Online lectures
  • 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.
    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 are followed by the oral exam.


    Teaching materials
    ATTENDING STUDENTS

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

     

    Additionally, students are requested to read the following two articles:

    • B. Kinsbury, N. Krisch, R. B. Stewart, et al., The Emergence of Global Administrative Law, 68 Law and Contemporary Legal Problems 2005, pp. 15-60;
    • G. della Cananea & A. Stone Sweet, Proportionality, General Principles of Law, and Investor-State Arbitration: A Response to Alvarez, in New York University Journal of International Law and Politics, 2014, n. 1, p. 911-952.

     

    Students could nonetheless study also the following facultative materials:

    • 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;
    • G.  della Cananea, Due Process of Law Beyond the State. Requirements of Administrative Procedure (Oxford University Press, 2016).
    NOT ATTENDING STUDENTS

    For the students who do not attend the course, there will be a written and oral exam, on the same day. Students who do not attend the course will be requested, first, to provide written answers to a questionnaire including both true/false questions and questions with multiple choices and, second, to attend an oral exam.

     

    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)

     

    Optional materials

    • B. Kinsbury, N. Krisch, R. B. Stewart, et al., The Emergence of Global Administrative Law, 68 Law and Contemporary Legal Problems 2005, pp. 15-60;
    • G. della Cananea & A. Stone Sweet, Proportionality, General Principles of Law, and Investor-State Arbitration: A Response to Alvarez, in New York University Journal of International Law and Politics, 2014, n. 1, p. 911-952;
    • G. Della Cananea, Due Process of Law Beyond the State. Requirements of Administrative Procedure (Oxford University Press, 2016).
    Last change 08/06/2022 21:17