1) Basic Economic Concepts
a) Consumption theory
b) Production theory
c) Economies of scale
d) Imperfectly competitive markets

2) Social and economic networks
a) Definition
b) Main characteristics
c) Graph analysis

3) Innovation
a) Key concepts
b) Technological diffusion
c) Matching Markets
d) Market Failures
e) Public Policies


4) Platforms
a) Key concepts
b) Within-group network effects
c) Cross-group network effects
d) What a platform is and is not
e) Different types of platforms

5) Sources of networks in platforms
a) Rating and review systems
b) Recommendations
c) Cost of collecting and analyzing data

6) Market Equilibrium and Platform pricing
a) The general platform pricing problem
b) Monopolistic platforms and pricing distortions
c) Price discrimination
d) The 'freemium' strategy
e) Non-pricing strategies

7) Rationales for regulatory interventions
a) Competition policy and antitrust
b) Data and privacy protection
c) Intellectual property rights
d) Taxing the giants
e) Regulation 2.0

8) Current and future challenges
a) The future of digital platforms
b) AI
c) AI and platforms

Selected chapters from:
Belleflamme, Paul, and Martin Peitz. The Economics of Platforms. Cambridge University Press, 2021. Syllabus code: BP2021.
Parker, Geoffrey G.; Van Alstyne, Marshall W.; Choudary, Sangeet Paul. Platform Revolution: How Networked Markets Are Transforming the Economy and How to Make Them Work for You W. W. Norton & Company, 2016.
The Economy. CORE Project. https://core-econ.org/the-economy/?lang=en . Syllabus code: CORE.
Other readings will be indicated in due course.


Other sources:
Birke, Daniel. Social networks and their economics: Influencing consumer choice. John Wiley & Sons, 2013. Syllabus code: B2013.
Jackson, Matthew O. Social and economic networks. Vol. 3. Princeton: Princeton university press, 2008. Syllabus code: J2008.
Mansell, Robin, and William Edward Steinmueller. Advanced introduction to platform economics. Edward Elgar Publishing, 2020. Syllabus code: MS2020.
Varian, Hal R., Joseph Farrell, and Carl Shapiro. The economics of information technology: An introduction. Cambridge University Press, 2004.

Economic inequalities are often at the center of public debate. But, what to mean exactly by economic inequalities and how to measure them? Furthermore, assuming that not all inequalities are unacceptable, how to distinguish between unacceptable and acceptable inequalities? Which criteria can we use? And, with respect to these latter how to redress them? Finally, doesn’t redressing economic inequalities compromise efficiency and growth? The course aims at addressing these questions, focusing, among the remedies, on the role of taxation.

The course is divided in 4 parts.

Part 1. The main dimensions of economic inequalities (with respect to the “what”, the “who”, the time-frame; the distinction between relative and absolute equality as well as the distinction between inequality and poverty……) and the main measures of economic inequalities.

Part 2. The main trends of economic inequalities in the OECD countries and the main drivers, with a focus on labour income and wealth.

Part 3: The main ethical justifications of economic inequalities (we will concentrate on the libertarian, the meritocratic and the different “egalitarian” arguments that have been made) and the implications for evaluating current inequalities.

Part 4. The role of taxation in curbing economic inequality. Complementarities and trade-off between efficiency and equity.

Parts 1-2: handouts available on moodle

Part 3: Nozick: https://plato.stanford.edu/entries/nozick-political/ (par.2, 3, 4); Tomasi: https://onlinelibrary.wiley.com/doi/pdf/10.1111/j.1744-540X.2012.00678.x; Roemer and Trannoy: https://pubs.aeaweb.org/doi/pdfplus/10.1257/jel.20151206; Granaglia: https://www.sciencedirect.com/science/article/pii/S0954349X19301523 (and handouts)

Part 4: Rosen Public Finance Chapters 14 (general remarks); 15, 18, 19, 21; Word Inequality Report, Chapters 7-8.

The main aim of the course is to grasp some general narratives of the history of legal practice, legislations, and legal doctrines over a very long period. The knowledge of historical sources and historical contexts is necessary to build those general narratives. The course will deal with legislations and their political frameworks, some legal literature and some main figures of legal authors. Based on these sources, some aspects of the legal institutions adopted in different historical periods will be presented.
The historical range of the course is very broad: it extends from late Antiquity to Middle Ages, to Modern and Contempoary eras.

Tamar Herzog, A Short History of European Law. The Last Two and Half Millennia, Harvard University Press, 2018

James Q. Whitman, The World Historical Significance of European Legal History: An Interim Report, in The Oxford Handbook of European Legal History, edited by Heikki Pihlajamäki, Markus D. Dubber, and Mark Godfrey Oxford University Press 2018

Other readings will be suggested during the course, and will form part of the compulsory materials for the exam.

LAW AND HUMANITIES 2023/’24



COURSE DESCRIPTION:
The course will first provide an introduction to the law and the humanities movement in general and then focus on several different, even if strictly connected, fields of study: e.g. law and literature, law and music, law and fiction, law and history, law and religion, law and truth, law and society. The course will question the traditional isolation of legal studies in analyzing law with reference to the other social sciences and, more generally, to a larger cultural context. Texts, symbols and representations, which have greatly influenced popular understanding of law, will be discussed in thematic weeks by professors coming from different parts of Italy and of the world.

COURSE LEARNING OBJECTIVES:
- to introduce students to the law and the humanities movement.
- to investigate the benefits of interdisciplinary studies.
- to develop a critical approach to legal texts.
- to understand law in the wider context of social sciences
- to stress the importance of the cultural context for a better understanding of law in the past as well as the present

ASSESSMENT TOOLS:
Final grades will be based on:
• Participation in class
• Midterm written work
• Final, oral exam

ATTENDANCE POLICY:
Attendance in class is compulsory to be admitted to the final examination, which will cover all the topics discussed during the course.

READING MATERIAL:
Every thematic week will be associated to introductory papers which will be progressively uploaded on the ‘Roma Tre’ e-learning platform.

Lessons will start on Tuesday 3 October 2023 at 2.15 p.m. From the following week, the course will be held every Monday, Tuesday and Wednesday from 2.15 to 4 p.m. and will end on Wednesday 6/12/2023.

HOW TO ENROL:
To enrol in the course, please send an e-mail to the teacher at the following address: sara.menzinger@uniroma3.it

SCHEDULE OF LESSONS:

3-4 October 2023, 2.15 p.m. – 4 p.m.: course presentation and first thematic week on “Law and Fiction” (prof. Sara Menzinger)

9-11 October, 2.15 p.m. – 4 p.m.: “Law and Music” (prof. Giorgio Resta, Emanuele Conte, Sara Menzinger, University 'Roma Tre')

16-18 October, 2.15 p.m. – 4 p.m.: “Law and Literature” (Dr. David de Concilio, University of Padua, prof. Sara Menzinger, University 'Roma Tre')

23-25 October, 2.15 p.m. – 4 p.m.: “Law and Truth: Judicial truth and medical expertise, 13th-14th cent.” (prof. Corinne Leveleux, Université d'Orléans, Sara Menzinger, University 'Roma Tre')

31 October (Tuesday, 2 p.m. – 5 p.m.), Midterm Exam (written test): students will have to answer three/four open-ended questions on the previous 4 weeks topics

6-8 November, 2.15 p.m. – 4 p.m.: "Law and the Roman Legal Legacy" (prof. Kaius Tuori, University of Helsinki, Sara Menzinger, University 'Roma Tre')

13-15 November, 2.15 p.m. – 4 p.m.: “Law and Religion” (prof. Melanie Adrian, Carleton University, Ottawa, Canada)

20-22 November, 2.15 p.m. – 4 p.m.: “Law and History” (prof. Marc de Wilde, University of Amsterdam)

27-29 November, 2.15-4.00 p.m: Law and Truth (prof. Andrew Cecchinato, University of St Andrews)

4-6 December: final interviews for the Law and Humanities course

Every thematic week will be associated to introductory papers which will be progressively uploaded on the ‘Roma Tre’ Moodle platform.

R. Baratta, Institutions of EU Law, Kluwer, 2022
As regards the special part, papers will be given to attending students

General part:
The process of European integration, the Union's spheres of action, the institutional framework, sources of law, the system of jurisdictional guarantees, the relationship between Union law and domestic law.
Special Part:
Internal market law: the concept of the internal market, the free movement of goods, the free movement of persons, the right of establishment and the freedom to provide services.

R. Baratta, Institutions of EU Law, Wolters Kluver, 2022

As regards, internal market law (namely, free circulation rights) cases and materials will be given in class

The course aims at providing students with the most relevant notions of scientific evidence both in Italy and common law countries.

After an introduction of general principles concerning evidence gathering according to Italian civil procedure law, the course focuses on the use of the science in civil proceedings and investigates, in a comparative light:

- expert witness

- statistics

- new technologies

- mass torts

- medical science

The course is based on interactive lessons. Students are encouraged to participate in the discussion of cases and legal materials presented during the classes. Furthermore, students are requested to present cases to the class.
Students’ evaluation shall be based on both class work/contribution and on an oral final exam.

Readings and course materials shall be provided during the course.

Cases and materials will be provided

This course focuses on competition law from a comparative perspective (with particular reference to the European Union and the United States). It aims to provide students with the tools for understanding antitrust policies and their concrete implementation through the study of EU and US legislation, case law and enforcement practice. The course also includes in-depth analysis of specific topics related to sectors of interest (including digital markets) and the intersections between competition law and other areas of law, such as intellectual property law.
More in detail, it will cover:
The objectives of competition law;
Essentials of US antitrust law;
The role of competition rules in the EU;
Market power, market definition and barriers to entry;
Article 101 TFEU; Section 1 Sherman Act;
Article 102 TFEU; Section 2 Sherman Act;
Competition law and regulation;
Public and private enforcement;
Mergers (essentials)

Course textbook:

In addition to cases examined during lessons, a selection of readings will be recommended, mainly from the following textbook:

R. Whish – D. Bailey, Competition Law, Oxford University Press 2021- selected chapters (see moodle)

The course intends to offer a thorough overview of EU environmental law, covering the basic framework and principles as well as the evolving substantive law, at a time when environmental law in Member States is becoming ever less 'national' and EU regulation is growing in scope and importance.
The course will cover the institutional structure governing environmental regulatory measures in the EU, including the creation, implementation and enforcement of environmental regulations, public participation, environmental impact assessment and environmental liability.
It will then examine in depth the substantive law in key areas: waste, nature and biodiversity conservation, air pollution and industrial emissions, water quality protection, chemical substances and GMOs, and climate change. Connections between EU law, international law and municipal law will be analysed in depth.

Suzanne Kingston, Veerle Heyvaert, and Aleksandra Čavoški, European Environmental Law, Cambridge University Press (2017).

Supplementary materials provided by teacher.

The course introduces some of the main topics in the field of comparative constitutional law and the intersections between constitutional law and the digital revolution, with a focus on the Western legal tradition and constitutional democracy. It is organized in four modules. Module I. on State, constitutionalism(s), constitutional democracy and beyond (Lessons 1-10) presents the historical trajectory of constitutionalism towards constitutional democracy as well as the Russian and Chinese counter-models. Module II. on Crosscutting issues of constitutional democracy (Lessons 11-16) presents some relevant issues for constitutional democracies, including constitutional safeguards, horizontal and vertical separation of powers, systems of government. Module III. on Fundamental rights and the digital revolution (Lessons 18-21) focuses on Dignity, Freedom of Expression, Equality and non-discrimination, Freedom of thought and religion and on the impact of new technologies on them. Module IV. on Perspectives on digital democracy and digital constitutionalism (Lessons 22-27) investigates form a more general perspective the main challenges of the digital revolution for constitutional democracies. Lessons 17 and 28 are devoted to students’ presentations and to the final test respectively. For a meaningful participation in classes, it is essential to go through the assigned readings


I. STATE, CONSTITUTIONALISM(S), CONSTITUTIONAL DEMOCRACY AND BEYOND
1. Friday 20 October 8-10
Comparative constitutional law, constitutionalism and the digital revolution | Course structure and practical info

2. Wednesday 25 October 14-16
State, Constitutionalism, rights: three traditions

3. Thursday 26 October 14-16
From liberal to constitutional democracy: values and principles

4. Friday 27 October 8-10
From liberal to constitutional democracy: society, economy, and history

5. Wednesday 1 November 14-16
The crisis of constitutional democracy

6. Thursday 2 November 14-16
Crisis of constitutional democracy: crisis of the State?

7. Wednesday 8 November 14-16
Beyond the Western legal tradition

8. Thursday 9 November 14-16
The State beyond the western legal tradition: Russia

9. Friday 10 November 8-10
The State beyond the western legal tradition: China

10. Friday 10 November 10-12
Guest lecture by Shu Zghang (Deakin Law School), Introduction to Chinese Law

II. CROSSCUTTING ISSUES OF CONSTITUTIONAL DEMOCRACY
11. Wednesday 15 November 14-16
Constitutional safeguards I: constitutional review

12. Thursday 16 November 14-16
Constitutional safeguards II: Amending the Constitution

13. Friday 17 November 8-10
Separation(s) of powers and the political question doctrine

14. Wednesday 22 November 14-16
Legislative-executive relations and systems of government: parliamentarism

15. Thursday 23 November 14-16
Legislative-executive relations and systems of government: presidentialism and semi-presidentialism


16. Friday 24 November 8-10
Federalizing processes and vertical separation of powers

17. Wednesday 29 November 14-16
Student presentations (20 minutes each)

III. FUNDAMENTAL RIGHTS AND THE DIGITAL REVOLUTION
18. Thursday 30 November 14-16
From rights to dignity

19. Friday 1 December 8-10
Freedom of Expression

20. Wednesday 6 December 14-16
Equality and non-discrimination

21. Thursday 7 December 14-16
Religious freedom - Guest lecture

IV. PERSPECTIVES ON DIGITAL DEMOCRACY AND DIGITAL CONSTITUTIONALISM

22. Wednesday 13 December 14-16
Elections

23. Thursday 14 December 14-16
Parliaments

24. Friday 15 December 8-10
Guest lecture by Peng Guo - The digital and public power

25. Wednesday 20 December 14-16
The digital and private powers: regulating platforms

26. Thursday 21 December 14-16
Data sovereignty and digital constitutionalism

27. Friday 22 December 8-10
Digital constitutionalism in Europe and across the Atlantic

V. FINAL TEST
28. Friday 22 December 10-12
Written essay

A. Buratti, Westernm Constitutionalism, History, Institutions, Comparative Law, Springer, 2019
Readings will be listed in the syllabus and provided through the e-learning platform.

The course focuses on the many ways in which the law governs human life at its different stages, from conception to death. In this framework it also analyzes and discusses the “legal construction” of human bodies and sexuality with particular attention to European law.

The course comes in five parts:
1. Introduction to Bio Law;
2. The legal regulation of body parts, cells and genes;
3. Human reproduction;
4. The legal construction of the sexual body;
5. Legal aspects of health care and end of life.

Introduction:
1 S. Rodotà, NEW TECHNOLOGIES AND HUMAN RIGHTS FACTS, INTERPRETATIONS, PERSPECTIVES, in Comparative Law Rev., Vol. 11/2, p. 6 ss. (14 pagine)
2 S. Rodotà, OF MACHINES AND MEN: THE ROAD TO IDENTITY. SCÈNES FOR A DISCUSSION, in Comp. Law. Rev., 2(2020);
3 S. Rodota, Cultural Models and the Future of Bioethics, 10 J. CONTEMP. HEALTH L. & POL'y 33 (1994).

The legal regulation of body parts:
1) Radhika Rao, Genes and Spleens: Property, Contract, or Privacy Rights in the Human Body?, 35 Journal of Law 371 (2007). Available at: http://repository.uchastings.edu/faculty_scholarship/654 (10 pagine);
2) Assoc. for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. 576 (2013)
al link https://supreme.justia.com/cases/federal/us/569/576/#tab-opinion-1970691
3) G. Resta, The Case against the Privatization of Knowledge: Some Thoughts on the Myriad Genetics Controversy

Human Procreation and reproductive Technologies:
a) Abortion:
1) Tamara Hervey, Tiyash Banerjee, Abortion rights in EU law: recent developments, in BioLaw Journal, Special Issue
1/2023;
2) Roe v. Wade;
3) R. B. Siegel, ....

Reproductive Technologies:
1) R. Rao, Egg-Freezing, Uterine Transplants, and In Vitro Gametogenesis: Disruptive or Normalizing Reproductive Technologies?, 22 HOUS. J. HEALTH L. & POL’Y 121 (2022);
2) In the Matter of Baby M.
3) Menneson v. France, European Court of Human Rights
4) C. Cossutta, Maternal relations, feminism and surrogate motherhood in the Italian context, Modern Italy, 2018 Vol. 23, No. 2, 215–226

The Construction of the Sexual Body:
1) S. Osella, Reinforcing the binary and disciplining the subject: The constitutional right to gender recognition in the Italian case law;
2) Bondage case, European Court of Human Rights;
3) P. Kotiswaran, The Laws of Social Reproduction: A Lesson in Appropriation

Health care and End of life:
1) Lambert case, European Court of Human Rights (2015);
2) Mortier v. Belgium, European Court of Human Rights (2022);
3) Gristina, Giuseppe, Busatta, Lucia & Piccinni, Mariassunta (2018). ITALIAN LAW ON INFORMED CONSENT AND ADVANCE DIRECTIVES: ITS IMPACT ON INTENSIVE CARE UNITS AND THE EUROPEAN LEGAL FRAMEWORK. Minerva Anestesiologica. 85. 10.23736/S0375-9393.18.13179-8.

The purpose of the course is to provide an introduction to the principles and norms of international law applicable to the inter-governmental organisations (IGOs). It discusses the essential topics of the law of international organisations, including powers, privileges and immunities, as well as membership rules, institutional structures, and accountability. There is a focus on the United Nations system, as the paradigmatic IGO, including the activities of the specialised agencies based in Rome. Special emphasis is placed on the interaction between universalism and regionalism. IGOs have developed into a pervasive phenomenon: a fundamental objective of the course is to develop a critical understanding of their impact vis-à-vis the current global challenges (big data, economic and financial crises, migration, armed conflicts, natural disasters, epidemics).

Course Schedule
Week 1: The rise of International Organisations: history and definition
Week2: Membership, voting and funding
Week 3: International Organizations and the law of treaties
Week 4: The International legal personality
Week 5: The doctrine of powers
Week 6: Institutional law-making: a new source of international law?
Week 7: The Treaty-making powers
Week 8: Sanctions and military operations
Week 9: International Organisations and digital technologies
Week 10: Issues of responsibility

J. Klabbers, An Introduction to International Organizations Law, 4th ed., Cambridge UP, 2022

The course:

The Legal Clinic on Migration and Asylum is a complementary course (7 CFU), structured in three modules, with mandatory class attendance.

The first module (3 CFU) includes 24 hours of lessons dedicated to immigration and international protection laws, both domestic and supranational.

The second module (3 CFU), formed by 24-hour seminar lessons, provides students with an introduction to critical studies on citizenship, migration, and borders.

The third module provides an 8-hour internship at the Clinic's Legal Helpdesk, in which students are engaged in activities of legal advice to migrants and asylum seekers under the supervision of lawyers specialized in immigration law.




The project:
Founded in 2010, the Roma Tre Legal Clinic on Migration and Asylum (Clinica del Diritto dell’Immigrazione e della Cittadinanza) is one of the first clinical courses established in Italy. It combines experimental learning, research, and public engagement.

First in Italy, in 2012 the Clinic set up a public “Legal Helpdesk" where law students are directly involved in providing information and legal assistance to migrants and asylum seekers under the supervision of immigration lawyers. Each year, the Clinic’s Front Office follows up on an average of 120 asylum claims and immigration cases. Thanks to the support of private foundations and European funding, the Clinic provides annual scholarships that allow selected students to collaborate with the Clinic’s Front Office as Junior Assistants and tutors of the new students.

Since its establishment, the Clinic has carried out several research projects and advocacy activities that have had an impact at the national and international levels. Between 2014 and 2016, the Clinic coordinated the ‘Lexilium project’, a national research on judicial decisions on migrant detention. The results of the research have been quoted by the 2014 International Commission of Jurists’ report ‘“Undocumented” Justice for Migrants in Italy’. The Clinic was also heard by the Group of Experts on Trafficking of the European Council (Greta) and by the UN Special Rapporteur on the right to food. In 2022, the Clinic engaged with the UN Special rapporteur on the situation of the human rights defenders resulting in a joint statement by three UN Special rapporteurs calling on the Italian Government to stop criminalizing solidarity with migrant people.

The Clinic is a member of the Italian Network of Law Clinics and of the European Network for Clinical Education (ENCLE), and it collaborates with several law firms, NGOs, and associations at the national and international levels.

The study of textbooks is not foreseen. The lecturer will provide students with teaching materials and documents in support of clinical-legal activities.

Course description:
The “International Humanitarian Law Legal Clinic” (IHL Legal Clinic) has been established in 2016 to permit students to acquire a sound knowledge on international humanitarian law, cooperate on a pro bono basis on projects with leading international and national institutions operating in this area and develop significant skills and a humanitarian-oriented approach beneficial for their competences, future professional activities and civil awareness. The IHL Legal Clinic is an optional course (7 CFU) opens to students from Roma Tre and those involved in exchange programmes (eg. Erasmus) qualifying for a final mark. The working language is English (students can also qualify for ‘Lingua giuridica’).

So far students involved in the Roma Tre IHL Legal Clinic have provided support to some of the most relevant international and domestic stakeholders as: The International Committee of the Red Cross (ICRC); Amnesty International; NATO (Allied Command Operations Legal Office at SHAPE); the Italian Red Cross, IHL Commission; the International Federation of Red Cross and Red Crescent Societies (see below ‘Past Projects’).

In 2023/2024 students of the IHL Legal Clinic will:
A) Acquire a sound knowledge of international humanitarian law through introductory lectures.
B) Be involved in research and practice-oriented projects projects commissioned by relevant stakeholders as International Committee of the Red Cross (ICRC) and the NATO (Allied Command Operations Legal Office at SHAPE). See below for further details: ‘2023 Projects’;
C) Be part of the IHL Red Project, managed in cooperation with the IHL Legal Clinics of Roma Tre, Leiden (Netherlands) and Bochum (Germany) as part of the EU-funded Project KA2. Students will have the unique opportunity to take part in a IHL legal clinics exchange conference organized by Roma Tre University, Leiden and Bochum to take place in Rome (3 days in April or May 2024) to present their projects and attend IHL conferences and events with students of other IHL legal clinics. Costs will be covered by Roma Tre University.

A selection process will permit to identify interested students due to some limits related to the management of the IHL Legal Clinic – eg. max. around 10/12 students (see below ‘relevant dates and application process’). Any student enrolled at the Department of Law (including Erasmus students or other foreign students involved in exchange projects) are invited to join the selection process.


Course Learning Objectives
• To provide students with a proper understanding of international humanitarian law and its relevance in the regulation of armed conflicts. A preliminary set of lectures managed by Prof. Bartolini will permit students to get familiar with international humanitarian law and issues of public international law relevant for this course. It is not required for students to have previously attended courses on international humanitarian law or public international law.
• To permit students to professionally interact with international institutions acting in the area of international humanitarian law through the participation in research projects and clinical activities commissioned by organizations partners to the Roma Tre IHL Legal Clinic
• The IHL Legal Clinic is inspired by a ‘learning by doing’ approach permitting students to develop their competences in legal research, drafting, writing and organization of activities, to facilitate the transfer of theoretical analysis into a practical and humanitarian-oriented perspective.

Course Learning Activities:
To achieve the above objectives, students will have to:
• Actively participate in the projects of the IHL Legal Clinic;
• Acquire a sound knowledge of international humanitarian law also through the textbook.
• Engage in class discussions/debates.

Assessment tools and attendance policy:
Students will be assessed on the basis of their contribution to the projects carried out the IHL Legal Clinic and through a final review of their knowledge on international humanitarian law. Projects developed by the IHL Legal Clinic also require students to prepare draft reports and other preliminary material to be presented in class. Students are expected to participate in all classes.

2022/2023 Projects and activities of the IHL Legal Clinic:
The IHL Legal Clinic will be managed in two phases:
A) Students will get familiar with international humanitarian law: Prof. Bartolini will manage
a series of lectures aimed to make students familiar with international humanitarian law (October-mid November 2023 see calendar below). Presentations by external speakers as officers of the Armed Forces will also be arranged. Students will be required to get familiar with the textbook: Nils Melzer, International Humanitarian Law. A Comprehensive Introduction (downloadable here). Relevant sections of the textbook will be discussed in class.

B) Clinical activities: From mid-November onwards, students will start to manage research projects involving relevant stakeholders.
In particular students will work on:
- Partnership with the International Committee of the Red Cross: “International Humanitarian Law in Action” database (https://ihl-in-action.icrc.org/). Students elaborate reports aimed at identifying real case-studies on compliance with international by States and organized armed groups based on open-access information. The ICRC has received positive feed-backs on this new instrument, to be used in training and dissemination activities for armed forces/organized armed groups, students and civil society, and has made reference to it in the 2018 statement to the UN Security Council open debate on protection of civilians in armed conflict.
- The partnership with the NATO Legal Office at SHAPE (Supreme Headquarters Allied Powers in Europe) will imply cooperation in the activities of LAWFAS (Legal Advisors Worktop Functional Area System), an on-line platform managed within the NATO’s website aimed to facilitate document researches and ensure an easy access to all the relevant information for the legal community of several thousands of military officers and legal advisers linked with this on-line system from NATO countries and partner countries. Students are involved in the elaboration of desk-studies on relevant developments in international humanitarian law, as complemented by document materials, finally uploaded in the LAWFAS website (https://lawfas.hq.nato.int/Roma%20Tre/SitePages/Home.aspx) and circulate to the NATO legal community through specific newsletters. Past topics managed by the Roma Tre IHL Legal Clinic could be consulted below.
C) Participation in the IHL Red Project, managed in cooperation with the IHL Legal Clinics of Roma Tre, Leiden (Netherlands) and Bochum (Germany) as part of the EU-funded Project KA2. Students will have the unique opportunity to take part in a IHL exchange conference organized by Roma Tre University in cooperation with Bochum and Leiden IHL Legal Clinics (3 days in April or May 2024) to present their projects and attend IHL conferences and events involving leading experts. Costs of participation of students in this exchange conference will be covered by Roma Tre University

Nils Melzer, International Humanitarian Law. A Comprehensive Introduction (free download)

This course offers students the opportunity to work on complex and cutting-edge questions of international law through preparation for, and participation in, a distinguished international law moot competition. In the process, students will develop and refine advanced legal research and advocacy skills. The moot competitions will usually include the Philip C Jessup International Law Moot Court Competition, the pre-eminent global mooting competition in international law. Students will be expected to attend sessions on research methodology, and then to undertake intensive research in international law, prepare written submissions and develop oral submissions which are then refined through mooting practice.
At the end of this course, students will be able to:
- undertake international legal research
- analyse and synthesise international legal information and materials
- apply international law to complex issues, and critique the law from a practical perspective, either individually or as part of a team
- prepare appropriate and practical written and oral arguments for a specialist legal audience
- reflect on their abilities to effectively undertake legal work as a member of a team.

Students will receive a reader which will include selected articles and excerpts from relevant literature on methodology in legal research

The course in an introduction to the general issues of Canon Law. It covers: a short history of Canon Law; the bases of Canon Law; the nature and the structure of the Code of Canon Law and the differences between latin and eastern codification; the general norms; the structure of the people of God; the Supreme authority of the Church and the structure of the Church’s organization; the teaching function of the Church; the sacraments with particoular attention to the marriage and the processes to declare the nullity; the canonical penal system. The aim of the course is the understanding of the main characteristics about the Curch and her juridical system.

The professor will provide the necessary material for studying and conducting the final examination

The course aims to develop the skills of students in legal analysis and research aimed at the resolution of practical problems in international business disputes settled through arbitration.

The course is focused on the participation of the students to the Willem C. Vis International Commercial Arbitration Moot (written memorials, oral hearings, pre-moots, finals in Vienna).

The course provides students with specialized skills to approach complex practical legal problems as counsel, develop advocacy and accomplish teamwork.

Jörg Risse, Markus Altenkirch, Ragnar Herbst, Annette Keilmann, Lisa Reiser, "The Complete (but Unofficial) Guide to the Willem C Vis Commercial Arbitration Moot", Beck/Hart/Nomos, 6th edition, 2021.

The Course aims to address the following contents:
- Historical and geopolitical picture of China Evaluation of peculiarities and criticalities
- The Chinese legal system: between civil and common law
- Evolution of the Chinese legal system: from the dynasty period up to the codification
- Chinese language: peculiarities of legal terminology and translation problems
- Sources of the Chinese law: sources of production, sources of knowledge
- Role of jurisprudence: the Guiding Cases
- China's accession to the WTO
- Constitutional law
- General principles of the civil law
- Contract Law
- Direct and indirect forms of investments
- Intellectual property: Trademark Law and Patent law
- Chinese judicial system

Materials and handouts will be distributed during the lecture. Reference texts will also be provided.

This course is an introduction to the general issues of public international law. It covers:
the origins and the foundations of the international community;
the subjects of international law: states, international organisations and individuals (including the issue of immunities);
sources of international law: customary law, the law of treaties, general principles of law;
the relationship between international and domestic law;
state responsibility for internationally wrongful acts;
peaceful settlement of disputes (including the role of the international Court of Justice);
principles governing the use of force in international relations (including the UN collective security system and the role of regional organisations).
A specific focus will be given to the concept of sanction in international law.
A Seminar series will focus on timely topics in the field of public international law, including the protection of human rights and the environment.
At the end of this course, students should be proficient in the following subject areas and skills: being able to identify the international legal implications of current world events; having knowledge of the sources of international law as well as of the facts and legal reasonings of the relevant international judgments; carrying out a proper analysis on selected issues in public international law.

Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà, Cassese's International Law (3rd edn, Oxford University Press, 2020)
or
Gleider Hernandez, International Law (2nd edn, Oxford University Press, 2022)

Course description:
The course cuts across traditional – and by now outdated – divisions between public law and private law, between substantive law and procedural law, and between the so-called civil law/common law divide. The course is focused on the Western Legal Tradition and explains the pitfalls of comparisons with non-Western systems.
The course is divided in nine modules with the following content

I Module: Democratic systems
US presidentialism. - British parliamentarism. - Semi-presidential models. - EU concentration of powers. – Electoral systems.

II Module: Values
Constitutionalism. - Bill of rights, fundamental rights, human rights. - Constitutional adjudication. - Rule of law. - Universalism vs Relativism. - The religious factor

III Module: Government
The structure of Government. - Administration. - “Independent Agencies”. - Public participation in administrative procedures. - Judicial control over Government

IV Module: The economic dimension
Private autonomy. - Legal entities. – Insolvency. – Regulation. - State aid

V Module: The “Welfare State”
Taxation. - Social services. - Labour relations and legislation

VI Module: Repression of Crimes
Substantive law vs. Procedural law. - What is a crime? - Who establishes crimes? – Sanctions. - Investigation, prosecution, trial. - Offenders and victims
VII Module: Judges and jurisdiction
Status of judges. - Judicial organization. - Rules of procedure. - Judicial power. - Legal education. - Judges and/as literature

VIII Module: Models for a globalized world
International conventions. - Uniform laws. - Lex Mercatoria. - International institutions. – Comparative international law.

IX Module: The Brexit Saga
Constitutional referenda – The Government-Parliament tug-of-war – The UK/EU Negotiations – In search of a parliamentary majority – The constitutional and administrative consequences of Brexit – The economic effects of Brexit

Class schedule
Lessons will be held, starting on Monday, March 2nd, every Monday, Tuesday and Wednesday from 4 pm to 6 pm, excepting public holidays and when academic activity is suspended, following the topics listed in the course description (above).

Course textbook:
V. ZENO-ZENCOVICH, Comparative legal systems. A short and illustrated introduction (second editon), Roma TrE-Press, 2019 (volume in open access downloadable from the Roma TrE-Press website: http://romatrepress.uniroma3.it/repository/3/pdf/411cd19a-ecff-457b-a14a-815988f7ada5.pdf)

PROGRAM
The Course aims at conducting a comparative analysis of some of the key institutions of private law, including contract and tort, and their role in digital markets. By introducing students to the comparative methodology in the study of law, it furthers a better understanding of national law and it aims at developing critical and analytical tools through which students will be able to identify and research relevant issues in the private law of digital markets, through a direct approach to normative, jurisprudential and doctrinal sources of foreign and supranational law.
The following topics will be covered in the course:
-A framework of digital markets and their regulation, beginning with a reconstruction the different phases of the so-called digital revolution (including algorithms, coding, AI, big data, IoT and the blockchain technology);
-An analysis, from a private law perspective, of some of the main business models that have developed in the digital economy (such as digital platforms, smart contracts, digital labor);
-An analysis of selected profiles of contract, property and tort in digital markets, with a special focus on EU and US law.

Details and Syllabus can be found on the E-learning (Moodle Platform) page of the course (https://giurisprudenza.el.uniroma3.it/).


COURSE LEARNING ACTIVITIES
During the course the activities will be divided as follows:
-frontal lectures;
-presentations assigned to students with the scope of supporting the lectures and encouraging interactive student participation;
-case simulations.


ASSESSMENT TOOLS
Student evaluation will be based on class work (class participation, presentations given
during the semester) and on a final written exam.

COURSE MATERIALS
Materials, academic papers and cases for the course will be made available on the E-learning platform (Moodle).

COURSE MATERIALS
Materials, academic papers and cases for the course will be made available on the E-learning platform (Moodle).

The following themes will be addressed during the course: the legal globalisation; the theories of war and peace in international law; critical international law and postcolonial theory; the feminist critique to globalization; different approaches to environmental justice.

During the course, the students will be encouraged to attend seminars organised with guest speakers and to actively take part in the lessons.


Course Learning Objectives
At the end of this course, students should be proficient in the following subject areas and skills:
 familiarity with the transformations that have occurred as a result of the shift from a state-centred paradigm of law to the current paradigm of global legal pluralism
 familiarity with the theoretical approaches related to globalization and the transformation of legal systems, transnationalism and struggles for recognition
 acquisition of instruments to interpret contemporary debates on rights’ recognition, redistribution and global justice

books

Kelsen, Peace through Law, Part I and II

Schmitt, The nomos of the Earth, Part I and part IV



Papers/ articles



Kennedy, The Three Globalizazion of Law

Teubner, Global Bukowina: Legal Pluralism in the World Society

De Vito, Critical enviromental Law

Chimni, Prolegomena to a class approach to international law

de Sousa Santos, Beyond Neoliberal Governance: the World Social Forum as subaltern cosmopolitan politics and legality

Macmillan, Critical law and development

Otto, D. , Subalternity and international law: The problems of global community and the incommensurability of difference

Hilary Charlesworth, Christine Chinkin and Shelley Wright, Feminist Approaches to International Law

Fraser, N. Contradictions of Capitalism and Care

All readings will be uploaded on the e-learning platform

Nel corso saranno trattati i seguenti argomenti:
- concetti di malattia: naturalismo vs costruttivismo;
- concezioni positive di salute e il futuro dei servizi sanitari;
- la normalità funzionale in discussione: il modello sociale della disabilità;
- l'eugenetica liberale e i suoi critici;
- potenziamento umano:
-----PMA e potenziamento "negativo";
-----favorevoli e contrari alla "perfezione".

I testi di riferimento, per il paper di ricerca e la preparazione dell'esame, saranno indicati durante le lezioni.

The course aims at introducing students to the European regulation of the financial sector. The first part of the course intends to provide students with an understanding of the functions of the financial system and institutions through which these functions are performed; an understanding of the core principles and objectives which govern financial regulation.

The second part will deepen the regulatory strategies for achieving these goals and the policy debates in Europe that surround them; this part will focus on the evolution of the harmonisation process of laws in the financial sector and on the institutional architecture in Europe. Particular attention is paid to the rulings of the European Court of Justice which established important principles in defining the institutional architecture of European authorities and protecting investors' rights.

Material circulated by the professor.

Introduction to the themes of the course

History and Theory of Intellectual Property

Intellectual Property Harmonization at the International and European Levels I: From the Paris Convention of 1883 to the Marrakesh Treaty of 2013

Intellectual Property Harmonization at the International and European Levels II: The World Trade Organization Agreement on Trade-related Aspects of Intellectual Property

Intellectual Property Harmonization at the International and European Levels III: The EU Directives

Copyright I: Justifications and Central Concepts in Copyright I

Copyright II: Justifications and Central Concepts in Copyright II

Copyright III: Harmonization of Copyright at the International and European Levels

Copyright IV: The Subject Matter of Copyright

Copyright V: Authorship, Ownership and Duration

Copyright VI: The Rights of the Copyright Owner

Copyright VII: Defences to Copyright Infringement

Copyright VIII: Moral Rights

Copyright IX: Associated Rights

Confidential Information

Designs I: Scope of Design Right

Designs II: Relationship to Other Rights

Patents I: Justifications and Central Concepts in Patents

Patents II: Harmonization of Patents at the International and European Levels

Patents III: The Subject Matter of Patents

Patents IV: The Patent Application Process

Patents V: Requirements for Patentability

Patents VI: Ownership

Patents VII: Infringement and Defences to Infringement

Patents VIII: Compulsory Licences and Related Rights

Trade Marks I: Central Concepts in Trade Marks at the International and European Levels

Trade Marks II: Subject Matter and Registration of Trade Marks

Trade Marks III: Subject Matter and Registration of Trade Marks (cont)

Trade Marks IV: Infringement and Defences to Infringement

Revision and Distribution of Assignment

L Bently et al, Intellectual Property Law (Oxford University Press, 6th ed, 2022)

Principles, methods and techniques of private international law.

Jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

The European Enforcement Order for uncontested claims.

The law applicable to contractual obligations.

The law applicable to non-contractual obligations.

Jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and international child abduction.

Jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and the creation of a European Certificate of Succession.

Michael Bogdan & Marta Pertegás Sender, "Concise Introduction to EU Private International Law", Europa Law Publishing, 4th edition, 2019.

The course will provide a critical introduction to various forms of extreme speech (hate speech, racism, pornography, blasphemy, Holocaust denialism, etc.) that nowadays pervade the public discourse through digital media. This will also require an analysis of the moral and political justifications of the principle of freedom of expression, and of its place in contemporary constitutonal democracies. While the principle of freedom of speech requires tolerance for dissent, harsh criticism, and disagreeable forms of expression, it is clear that extreme speech raises important theoretical and practical questions in a well-ordered society. For each form of extreme speech, the course will provide an in-depth analysis of existing legislation as well as of the relevant case law.

Syllabus
(the following materials will be made available through the e-learning platform of the University, https://giurisprudenza.el.uniroma3.it/, as well as other materials that can be useful or will be referenced during the course)

1) The Definition and Justifications of Freedom of Speech
Suggested readings:
F. Schauer, What Is Speech? The Question of Coverage, in The Oxford Handbook of Freedom of Speech, edited by Adrienne Stone and Frederick Schauer
W. Sadurski, Freedom of Speech and Its Limits, Kluwer, 1999, ch 1.

2) Forms of Extreme Speech

2.1) Hate Speech
Suggested readings:
Alon Harel, Hate Speech, in The Oxford Handbook of Freedom of Speech, edited by Adrienne Stone and Frederick Schauer
Michel Rosenfeld, Hate Speech in Constitutional Jurisprudence: A Comparative Analysis, in Cardozo Law Review, 2003.
Cases:
ECtHR, NORWOOD v. THE UNITED KINGDOM
ECtHR, PAVEL IVANOV v. RUSSIA

2.2) Pornography
Suggested readings:
Caroline West, Pornography. In The Oxford Handbook of Freedom of Speech, edited by Adrienne Stone and Frederick Schauer
Cases:
American Booksellers Association, Inc. v. William H. Hudnut, III, Mayor, City of Indianapolis, 771 F.2d 323 (7th Cir. 1985)
ECtHR, PRYANISHNIKOV v. RUSSIA (2019)

2.3) Political extremism and Terrorist Speech
Cases:
HCtHR, Belkacem v Belgium (2017)

2.4) Blasphemy
Cases:
HCtHR, Otto-Preminger-Institute vs. Austria (1994)
HCtHR, Pussy Riot case (2018)

2.4) Holocaust Denialism
Suggested readings:
Rafael Cohen-Almagor, (2009). Holocaust denial is form of hate speech. Amsterdam Law
Forum, 2(1), 33-42.

2.5) Fake News
Suggested readings:
C. Sunstein, Does the First Amendment Protect Falsehoods? A Framework, Harvard Public Law Working Paper No. 23-02
Cass R. Sunstein, Falsehoods and the First Amendment, in Harvard Journal of Law & Technology, Volume 33, Number 2 Spring 2020

The Course is divided into five sections:
I. General overview of the most important systems of administrative law around the
world.
II. The role of government, public powers and human rights.
III. Delegation, expertise and contracting out.
IV. The regulation of administrative action. Cost-benefit analysis, administrative
procedures and transparency.
V. Judicial review and administrative litigation.

Required reading for the class discussion

Napolitano, Giulio, “Comparative Administrative Law. Cases and Problems.”
(2024).

Suggested preliminary readings

Bignami, Francesca. "Comparative Administrative Law." The Cambridge
Companion to Comparative Law (2012): 145-170.
Boughey, Janina. "Administrative Law: The Next Frontier for Comparative Law."
International and Comparative Law Quarterly 62.01 (2013): 55-95.
Napolitano, Giulio, “The Transformations of Comparative Administrative Law.”
Rivista trimestrale di diritto pubblico (2017): 997-1003

The preliminary and the required readings will be available on the platform
Elearning.

The course will offer an overview of international arbitration as a preferred method in international trade for solving disputes in commercial and investment matters. The course will describe the reasons for choosing between national courts and ADR, the choice between ad hoc arbitration and institutional arbitration, the drafting of arbitration clauses, including the choice of an international institution.
The course will describe the major steps of the arbitration proceeding, from the appointment of arbitrators to procedural aspects (exchange of submissions, hearings, examination of witnesses and experts) until the award is rendered.
The course will also deal with recognition and execution of the award both for commercial and investment arbitration.
During the last week of the course, a moot arbitration will be organized, and the students will participate in the roles of counsel for the respective disputing parties.

Gary B. Born: International Arbitration: Law and Practice, 2nd Ed., Kluwer 2016

The following topics will progressively be covered during the course:

1) Introduction to International Human rights Law (IHRL). Historical Overview of the Development of IHRL.
2) Human Rights as Part of International Law. The Sources of International Human Rights Law:
- human rights as customary international law; human rights as general principles of international law; human rights and jus cogens; human rights and international soft law.
- human rights as treaty law. Limitations, derogations and reservations to human rights treaty obligations: generalities. The interpretation of human rights treaties.
3) An overview of the substantive content of human rights in international law. ‘Generations’ of human rights and the distinction between civil/political rights and economic/social rights. Human rights as indivisible, interdependent, interrelated and mutually reinforcing rights.
4) Nature and typologies of State obligations under human rights treaties. The tri-partite typology of ‘respect, protect and fulfil’. Immediately prescriptive obligations and obligations of progressive realization.
5) International oversight and protection of human rights: universal and regional systems and bodies.
6) The UN system: the two International Covenants on Civil and Political Rights, and on Economic, Social and Cultural Rights; the UN treaty bodies and individual communications.
7) The UN Human Rights Council, the Universal Periodic Review, and other UN mechanisms.
8) The European system: the Council of Europe; the European Convention of Human Rights and the Strasbourg Court; the European Social Charter and the European Committee of Social Rights.
9) The European mechanisms for the protection of human rights. Lodging an application with the European Court of Human Rights. The collective complaints procedure provided for by the European Social Charter.
10) Human rights and international criminal responsibility of individuals: the role of international criminal courts and tribunals in prosecuting crimes against human rights.
11) Human rights and State responsibility for internationally wrongful acts: content and implementation of the responsibility of the State for the violation of human rights obligations under general international law. Use of force and protection of human rights. The “responsibility to protect” doctrine.
12) Use of force and protection of human rights. The “responsibility to protect” doctrine. Humanitarian intervention. The protection of human rights in armed conflicts and the rules of international humanitarian law.

The program also includes insights on:
The rights of the child;
The rights of persons with disabilities;
Fundamental rights under EU law;
The European Pillar of Social Rights.

Recommended textbooks:

D. Shelton, Advanced Introduction To International Human Rights Law. 2nd edition. Cheltenham - UK: E. Elgar, 2020.
G. Palmisano, Collective Complaints As a Means for Protecting Social Rights in Europe. Anthem Press, London/New York/Melbourne/Delhi, 2022.

Further readings (including selected articles and excerpts from relevant literature) will be suggested during the course.

Making trouble: a difficult definition of gender
Histories and theories of feminism
The gender of modernity
Making rights from below: the CEDAW
Criminal Law and Gender: general framework
Gender violence: the crime of stalking 
Gender, anti-discrimination law and human rights
Culturally motivated crimes

Learning material is indicated during the lesson

The purpose of the course is twofold: (i) to provide the tools to analyze the legal phenomenon through the economic lens and, more specifically, through the notions of neoclassical economics, and (ii) to offer an in-depth economic analysis of contract law and, more specifically, of international commercial contracts.

The predictive ability of the economic reasoning allows one to determine which incentives are placed on individuals by different laws and, consequently, which effects should be reasonably expected from the adoption of a certain rule. The “Law and Economics” method aims at selecting efficient rules capable of maximizing the social welfare.

Besides the methodological issues, the course covers the main topics of the Economic Analysis of Contract Law. In particular, after explaining the interaction between the “Law and Economics” method and Contract Law, the course will focus on the scope and function of international commercial contracts, offering an economic analysis of their most important clauses.

Finally, the course will analyze the different contractual remedies to supervening events, an area of contract law that is on the forefront of the legal discourse, both from an academic and practical perspective, as a consequence of the Covid-19 pandemic, the rise of armed conflicts and the consequent imposition of international sanctions.

A selection of readings from various sources will be used as indicated during the semester and will be sent by the Professor ahead of classes.

Course contents:
1. Introduction to International Tax Law.
2. The ability to pay principle.
3. General principles of international taxation.
4. International tax regulations on residence.
5. International double taxation.
6. International tax avoidance and evasion.
7. Transfer pricing.
8. International tax cooperation.
9. Global approach to taxes.

Recommended books:

1. TOSI Loris, BAGGIO Roberto, International tax law in the italian legal system, Cedam, Milan, 2023;

or

2. GIRELLI Giovanni, International Tax Law (in the process of being published)

The course is a legal clinic in the field of international human rights law. It works on projects that, in the said field, have a clear social justice aim. In this academic year, the clinic has been entrusted with two projects. Projects are usually commissioned by international organizations (e.g. UN agencies), State organs (e.g. the judiciary) or NGOs. Projects usually require students to provide their support to one or more strategic litigation cases before international human rights jurisdictions (e.g. ECtHR) or quasi-judicial bodies (e.g. UN CEDAW), or national tribunals; or to draft human rights reports.

Against this background, the program is composed of two phases.

In the first phase, students get acquainted with the competences necessary to work on the projects. Accordingly, lectures will concern: (i) general issues: legal framework (rules, practice and institutions); methodology of research in international law; drafting skills; (ii) issues specific to the two projects, entrusted to guest lecturers.

In the second phase, the class works as a laboratory, during which drafts prepared by students are discussed on a weekly basis.

Reference textbook is: Riccardo Pisillo Mazzeschi, International Human Rights Law: Theory and Practice (Routledge/Giappichelli, 2021). The volume can be acquired at a discounted price. Please follow the guidelines of the Professor on this matter.

The form of government – The form of government in Italy: constitutional model and actual functioning – The use of new technologies by the constitutional bodies: Parliament, Government, President of the Republic, Constitutional Court

D.CHINNI (a cura di), Potere e opinione pubblica. Gli organi costituzionali dinanzi alle sfide del web, Napoli 2019.

L. ELIA, Governo (forme di), Enciclopedia del diritto, XIX, 1970
M. LUCIANI, Governo (forme di), Enciclopedia del diritto, Annali III, 2010