Legal Studies

This is a graduate level course that is part of the Laurea Magistrale program. The course is intended for advanced level students only. Enrollment is by consent of the instructor. The course examines the theoretical and practical aspects of international criminal justice. Subsequently, the course proceeds to examine the concept of international crimes and the fundamental distinction between retributive and restorative justice models. Thereafter, the course focuses on the different and numerous mechanisms of international criminal justice.

The first part of the course is devoted to an examination of the fundamental tenets and historical development of international criminal law and justice. In particular, the course examines the experience of the Nuremberg Tribunals, as well as the development of further mechanisms and institutions, both at a national and international level, including the International Criminal Court (ICC). The latter represents a significant case study, which offers a convenient vantage point from which to discern the characteristic traits of international crimes (large-scale violence accompanied by the requisite of “gravity”) along with the related obstacles to effective prosecution. After an overview of the trigger mechanisms of the Court, the course examines some relevant features of the Court (e.g., the Court’s composition, the criteria for the appointment of judges) as well as some of the most controversial judicial decisions, which have prompted debate about the challenges of a potentially universal jurisdiction. These decisions include, for example, those in the situations of Libya, Burundi, Comoros Islands (incident of “Freedom Flotilla for Gaza”), Myanmar, Sudan and Afghanistan.

Particular emphasis is placed on other mechanisms of a retributive nature that have been established to prosecute international crimes. These include the experience of the ad hoc Tribunals for the former Yugoslavia and Rwanda, but above all the mixed (or hybrid) tribunals, which have emerged as a manifestation of an alternative paradigm of international justice. This paradigm involves, in various forms, national players in the efforts to deliver justice (e.g. judges, lawyers, victims, activists). It is noteworthy that the Extraordinary Chambers in the Courts of Cambodia were established to try the former leaders of the Khmer Rouge, while the Kosovo Specialist Chambers and Prosecutor’s Office, and the Extraordinary African Chambers in Senegal were created to try former Chadian ruler Hissène Habré.

The second part of the course examines some of the most intriguing and pioneering experiences that are anchored in the tenets of restorative justice, including the various Truth and Reconciliation Commissions. In this regard, the course analyses the Latin American experience, with particular reference to the cases of Colombia, Argentina and Peru. The South African Truth and Reconciliation Commission will be treated as a case study of particular relevance.

The last part of the course is devoted to an examination of the most notable rulings handed down by regional human rights courts (notably, the European and Inter-American Courts of Human Rights) and national courts (from Latin America, Spain, Germany, Italy and France) on international crimes. The objective is to identify and examine the salient issues pertaining to international criminal justice at both the national and international levels. In particular, the course focuses on the challenging task of balancing the pursuit of substantive justice with the maintenance of strict and formal legality, and the competing demands of peace and justice.

At the end of the course students will have learned: the foundational principles of international criminal law and justice; the historical evolution of international criminal justice and its current mechanisms; how to critically analyze the different responses to international crimes. Students are expected to acquire the necessary skills to identify the political and juridical main concerns of the selected different contexts and mechanisms - whether at the national or international level, retributive or restorative.

This course considers the role of the judiciary and of constitutional law in American politics with a focus on landmark court decisions dealing with freedom of speech, contract, and press jurisprudence; and with an historical, cultural, and political (rather than strictly legalistic) framework. It critically assesses the legacy of the American system of law from an institutional and a theoretical perspective, particularly for popular movements seeking greater equality and the expansion of democracy.

As of now, Korea is amid most complex situation surrounding the nuclear development in North Korea posing as an existential threat to not only South Korea but also the U.S. and the rest of the world. Security for Pyeongchang Olympic was barely assured by South Korea`s efforts towards the participation of North Korea. With the change of administration comes changes in policies towards North Korea when the world is in crisis over the fast developing nuclear and ICBM missiles of North Korea. The students will learn legal concepts through current events in Korea at the front lines of a changing society, politics and regional security. Because we are in Korea, political consciousness will be raised through analysis of major events i such as the Cheonan incident, mad cow propaganda, Taean oil spill, politization of sinking of Sewol, militant labor unions, etc. In the first half of the course, the student is trained to read and interpret codified law as well as common law, and apply them to factual situations. The second half of the course will be oriented towards seminars by individual presentations and class participation on determining justice behind various legislations and policies. As an application of contracts law, initial public offering and employee options will be covered as an introduction to high tech businesses, prevalent in Asia`s connection with the Silicon Valley.

The course discusses general knowledge of basic principles and concepts of Italian property law, contract law, and tort law. The course discusses topics including private law and its sources, personal rights, data protection, property and commons, contract law,  principle of freedom of contract VS nondiscrimination principle, consumer law, tort, civil law and common law, and pollution and compensation.

This course considers the role that law plays in society, with a particular focus on the ways in which lawyers can achieve social change. The course rooted broadly in law and social sciences and is richly interdisciplinary in its approach. It introduces students to conceptions of social justice and to the lawyer-client relationship. Thereafter, students consider the role of charities and NGOs in advocating and campaigning on social welfare and human rights. They critically reflect on practical scenarios and real life campaigns and are challenged to think about the law, and its limitations, in responding to social need.