96108 - DIRITTO E GLOBALIZZAZIONE

Learning outcomes

The aim of the course is to introduce to the different theoretical-legal paradigms that compete for the understanding, from a normative point of view, of the economic and political processes conventionally designated by the term "globalisation", processes that challenge the traditional concepts of sovereignty, democracy and the Rule of Law. The course will seek to clarify, in particular, whether these concepts can still be usefully employed for describing the governance of globalisation phenomena.

Course contents

After an introduction that outlines the main socio-political processes of a transnational nature associated with "globalisation", the course aims to portray the diverse set of new legal relations, the new "sources" of law, and the emergence of new legal actors active on the global stage. The regulatory landscape appears to transcend or bypass state borders, constituting its own space and functions, as well as its relationship with politics and technology. From trade to the environment, from the Internet to financial policies, the world is governed by entities apparently devoid of political delegation, which depend on neither states nor peoples. Is there a 'global' law capable of regulating and limiting them? By describing the transformations of governance, exemplary cases and court decisions, the course intends to assess the role of legality in the globalised world, both from a theoretical-philosophical and a legal-political point of view. In other words, it questions the continued relevance of the Rule of Law as guarantee of the public nature of law.

Readings/Bibliography

Attending students:

(1) G. Palombella, E' possibile una legalità globale? Il Rule of Law e la governance del mondo, il Mulino, Bologna 2012.

One reading of your choice between the following:
(2a) S. Cassese, Il diritto globale: giustizia e democrazia oltre lo Stato, Feltrinelli, Milan 2009.
(2b), M. R. Ferrarese, Diritto sconfinato. Inventiva giuridica e spazi nel mondo globale, Laterza, Bari-Rome 2006.

Non-attending students:

(1) G. Palombella, E' possibile una legalità globale? Il Rule of Law e la governance del mondo, il Mulino, Bologna 2012.
(2) S. Cassese, Il diritto globale: giustizia e democrazia oltre lo Stato, Feltrinelli, Milan 2009.
(3) S. Sassen, Una sociologia della globalizzazione, Einaudi, Turin 2008.

Teaching methods

The course is taught in Ravenna in the second semester and is structured in 24 two-hour lectures. Each lecture consists in the presentation of a topic followed by an open discussion with the students. The aim is to involve the students as much as possible in the reasoning process under the teacher's supervision in order to foster their ability to critically understand the topics the course deals with.

Assessment methods

The assessment is made through an oral exam consisting in the discussion of two topics, one proposed by the candidate, the other by the teacher. The exams aims to ascertain the skills acquired by the candidate and assess the degree of fulfillment of the objectives of the course, in particular with regard to the ability to critically appraise and independently elaborate on the topics covered by the course.

Grading

Very limited knowledge of relevant topics; analytical skills emerging only with the teacher's help; sufficient grasp of specialized language → 18-19.
Limited knowledge of relevant topics; limited analytical skills; satisfactory grasp of specialized language → 20-24.
Good knowledge of relevant topics; above-average analytical skills; mastery of specialized language → 25-29.
Excellent knowledge of relevant topics; outstanding analytical skills; full mastery of specialized language → 30-30L.

Thesis

Students who wish to prepare a dissertation on the topics covered by the course are requested to 1) contact the lecturer at least 7 months before the defence, and 2) consult the list of dissertation already assigned appearing in the "Thesis" section of the lecturer's website.

Teaching tools

Slides, texts and sometimes audiovisual materials which should serve to facilitate participation and debate.

Office hours

See the website of Silvia Vida