Legal Studies

This course provides a study of the principal characteristics of present-day international society and the effects of its structure and inner tensions in the creation and application of public international law. It critically examines the foundations of the international legal system, as well as the interactions between the international and national regulatory spheres and the legal consequences of including public international law in the Spanish legal system.

This course explores the meanings and functions of human dignity in a comparative and inter-disciplinary perspective. The course provides a critical and complex understanding of how the concept has developed, has been used, and should be used in constitutional and legal contexts. The course begins by identifying the intellectual origins of human dignity and mapping its meanings in philosophical discourse. Students explore developments in the uses and functions of human dignity in national constitutions from the 20th century to present day. The course examines the logic of drafting constitutional articles, and practices those principles on articles containing the concept of dignity in multiple functions. The course also gives tools to understand how justices employ the concept in various ways. The course also discusses topics including a psychological approach to human dignity as self-worth, dignity in medical ethics, dignity in prisons, and the uses of dignity by the Israeli Supreme Court.

This course covers the basic principles and methods of intellectual property law. Topics include China's legal system of intellectual property; systems of patent, trademark, copyright, and the context of Internet plus the intellectual property rights of new territory; creation, management, application, and protection; and building a platform under the support of intellectual property framework system.

With an emphasis on Italy, this course focuses on the looting, destruction, and reselling of antiquities, from classical antiquity to today. Together students consider issues such as what constitutes an art/cultural heritage crime, how ideas of value (both real and symbolic) have emerged historically and how have they changed over time, what constitutes "ownership" in the eyes of different entities, and how this has changed over the past fifty years, resulting in the current difficult and controversial issue of the repatriation of cultural artifacts which have crossed international borders. Themes considered include the history of collecting, illegal excavation and the illicit trade in antiquities, the role of auction houses, the Church, museums and galleries, ownership and patrimony issues, international laws and agreements, recovery and repatriation, and ongoing problems with the protection and conservation of antiquities. The course concludes with a review of cultural heritage laws and the current international situation, as well as a discussion identifying challenges and providing suggestions for regulating the market of antiquities in the future. The course includes visits to relevant sites and museums in and around Rome and includes the close investigation of actual case studies throughout.

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.