50199 - ADMINISTRATIVE LAW - GLOBAL ADMINISTRATIVE LAW
Department of Law
GIACINTO DELLA CANANEA
Mission & Content Summary
MISSION
CONTENT SUMMARY
- The Globalization of Law
- Relationships between public authorities
- ‘Public goods’: health
- Public ‘Goods’: Food
- Public ‘Goods’: Cultural Heritage
- Public ‘Goods’: Land Grabbing
- Values: Democracy and the Rule of Law
- Values: Fundamental Rights
- Values: Just ‘Western’ Values?
- Global Security and Due Process
- Environmental Protection, Due Process and Transparency
- Foreign Investment and National Policies
- Proportionality
- Indigenous Groups and Property
- Due Process and Judicial Protection
- Data Protection
Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
- 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
- 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 | |
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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)
- 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
- 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).