Degree Course: Security and human rights Syllabus for A.Y. 2022/2023  

Lecture 1(3-hour): Theoretical currents in geopolitical thought: from the end of the Cold War to the 21st century.
Lecture 2 (3-hour): Euro-Mediterranean migration dynamics: geopolitical causes, consequences and conflicts.
Lecture 3 (3-hour): The geopolitics of migration routes in the Euro-Mediterranean area.
Lecture 4 (3-hour): A geopolitical framework of the refugee crisis in the USA.
Lecture 5:(3-hour): New horizons in international asylum policy between the right to security and the right to asylum.
Lecture 6 (3-hour): How pandemic is shaping global security and geopolitics: open society vs closed society.
Lecture 7: Geopolitics of the new global landscape: between pandemic and digital revolution.
Lecture 8: Tradition and Innovation: the controversial relationship between religion and pandemics.
Lecture 9: Focus on Environmental security, climate change and human mobility.
Lecture 10: Geopolitics of the war in Ukraine: the Mediterranean factor.

The course material may vary depending on current international geopolitical events.

https://www.opendemocracy.net/en/endism/

https://www.aljazeera.com/opinions/2020/12/19/how-huntington-and-fukuyama-got-the-21st-century-wrong

http://www.guillaumenicaise.com/wp-content/uploads/2013/10/huntington_clash-of-civlizations.pdf

https://www.aljazeera.com/opinions/2020/12/19/how-huntington-and-fukuyama-got-the-21st-century-wrong

https://www.europarl.europa.eu/thinktank/infographics/migration/public/index.html?page=intro

https://news.miami.edu/stories/2020/04/40-years-later-cuban-americans-reflect-on-the-mariel-boatlift.html

https://www.bbc.com/news/world-europe-34131911

https://www.iai.it/en/pubblicazioni/beyond-stability-united-libya-will-not-end-migration-challenge-italy-and-eu

https://ecfr.eu/special/mapping_migration/

https://www.bbc.com/news/world-europe-59206685

https://www.bbc.com/news/world-europe-59226226

https://www.politico.eu/article/eu-money-for-border-infrastructure-legally-possible-charles-michel-says/

https://euobserver.com/migration/153306

https://ec.europa.eu/commission/presscorner/detail/en/ip_20_1706

https://moodle.unitus.it/moodle/pluginfile.php/338795/mod_resource/content/1/New.York.Times.%E2%80%98Marielitos%E2%80%99%20Face%20Long-Delayed%20Reckoning_%20Expulsion%20to%20Cuba%20-%20The%20New%20York%20Times.pdf


https://www.nytimes.com/2021/06/06/world/americas/central-america-migration-kamala-harris.html?action=click&module=Spotlight&pgtype=Homepage

https://www.washingtonpost.com/national/border-arrests-record-levels-2021/2021/10/19/289dce64-3115-11ec-a880-a9d8c009a0b1_story.html

https://www.washingtonpost.com/national/afghan-evacuees-resettlement-us/2021/09/01/c68b6a42-0b4e-11ec-a256-709238a1404d_story.html

https://moodle.unitus.it/moodle/pluginfile.php/338801/mod_resource/content/1/Boatpeople.Friday.pdf

https://www.thenewhumanitarian.org/analysis/2016/05/09/time-reform-way-we-protect-refugees

https://www.migrationpolicy.org/sites/default/files/publications/tcm_bersin-migration-reflection2021_final.pdf

https://www.migrationpolicy.org/article/can-ugandas-breakthrough-refugee-hosting-model-be-sustained

https://link.springer.com/article/10.1007/s42439-020-00022-1

The Global Governance of International Security – Module I
Alessandro Bufalini
1. The United Nations Charter: History and Development
2. Changing the System: How to Amend the UN Charter and Reform its Organs
3. The Prohibition of the Threat or Use of Force: a Paradigmatic Shift
4. The UN General Assembly and the Maintenance of Peace and Security
5. The UN Security Council: Functions, Powers and Practice
6. Collective Security in Practice: The Cold War Era, the Post-Cold War Era and the Recent Developments
7.The Chapter VII of the UN Charter: Unachieved Goals
8. The Blue Helmets: peacekeeping, peace-enforcement and post conflict peace building
9. Authorisations by the United Nations Security Council
10. Chapter VII and the Role of Regional Organizations (in particolar, the North Atlantic Treaty Organization)
11. Self-Defence in International Law: Gravity, Necessity and Proportionality
12. Preventative Self-Defence: the Notion of Armed Attack
13. The Use of Force against Non-State Actors
14. Peace and Justice: The Role of the Judiciary in the Maintenance of peace and security
15. The International Court of Justice and the Use of Force in International Relations
15. The International Criminal Court: Referral and Deferral Powers
16. The European Court of Human Rights: Peacekeeping Operations and Human Rights Protection

Christian Henderson, The Use of Force and International Law, Cambridge University Press, 2018.

The course is divided into two parts.
The first part will be dedicated to an introduction to the multilevel system of protection of rights and individual liberties; the main concepts of comparative constitutional law will be discussed, focusing on the interaction between different legal systems.
The second module will be devoted to the analysis and discussion of relevant judgments concerning the balance between security and individual freedoms.

To prepare for the exam, students are advised to study the textbook indicated below, as well as the materials indicated and provided during classes:

R. Masterman e R. Schutze (eds.), The Cambridge Companion To Comparative Constitutional Law, CUP, 2019 (indicated chapters only): Part I, ch. 2; Part III, chs. 8, 9, 10 e 11; Part IV, ch. 16; Part V, ch. 20.

There is no required textbook for this course. Relevant readings will be suggested during the lectures for students to engage with based on their interests and for the final essay.

MODULE I – Towards a world risk society: new phenomena and objectives for criminal law

MODULE II - Elements of Transnational Criminal Law

MODULE III - Elements of International Criminal Law

MODULE IV - Elements of European Criminal Law

MODULE V – Criminal law and corporations as global authors: the “sustainability” challenge

MODULE VI – The global and the punishment: the restorative justice paradigm

In-class students' presentations.

The programme may vary according to teaching needs.

G. Werle, F. Jeßberger, Principles of International Criminal Law, 2020.
V. Mitsilegas, P. Alldridge and L. Cheliotis (eds), Globalisation, Criminal Law and Criminal Justice. Theoretical, Comparative and Transnational Perspectives, 2015.

Exam preparation materials (list of papers), along with other study materials (articles, rulings, videos, slides) will be uploaded to the Moodle page.

The cooperation on migration governance between the European Union (EU) and its neighbourhood can only be accurately evaluated in light of the tensions between states’ obligations to comply with internationally recognized standards on the protection of human rights, on the one hand, and their attempt to control migration and borders through legal means and policy provisions, on the other. Against this background, the course will identify various frictions or points of contention, especially with reference to:
- The sharing of competences between supranationalism and intergovernmentalism, especially since the entry into force of the Treaty of Amsterdam. Cooperation on deportation is emblematic of such tensions;
- The contingencies and priorities of the actors involved, be they state or non-state actors, having implications for their perceptions, subjectivities and, last but not least, definitions;
- The highly diverse policy, legal and geostrategic factors shaping the cooperation on migration governance with the “neighbours”.

This course examines current policies within the broader context of deterrence and externalisation, considering the way in which international law (in its ‘soft’ and ‘hard’ forms) acts as a tool for both enabling and resisting such policies. In so doing, part of the course examines relevant developments and substantive case law to understand the implications of current EU migration policies for procedural safeguards and human protection. Finally, the course calls for a broader reflection on the hyper visibility of the cooperation on migration governance, especially cooperation on deportation and deterrence, by showing that its implications for human rights observance are inseparable from the ways in which state-citizen relationships have been altered over the last decades.


Sessions 1 & 2: Migration governance under tension
- Premises and challenges
- Diverse contingencies and priorities
- From the 2001 IAMM to the 2018 GCM and beyond


Session 3: Governance systems: Between bilateralism, supranationalism and multilateralism
- International cooperation on the governance of migration (through the lens of IR studies)
- Power and interdependence
- The hyper-diversity of (state and non-state) actors involved
- Governance for whom and by whom?

Session 4: Cooperation on migration governance and international politics
- Case studies: Perceptions from the South
- Capitalizing on migration and border controls?
- Empowerment and reverse diffusion

Session 5: The making of reverse conditionalities in international cooperation
- Reciprocity, reputation and iteration in international cooperation theory
- Reverse conditionalities
- Case studies

Session 6: The governance of migration through the lens of IR theories
- Realism
- Liberalism
- Structuralism
- Social constructivism

Session 7: The gradual centrality of readmission in the EU’s migration governance
- Historical trends: From the Treaty of Amsterdam to the Treaty of Lisbon
- Patterns of cooperation
- The dual approach to cooperation on readmission

Session 8: The hybridity of the EU’s readmission system
- Intergovernmentalism vs. supranationalism?
- The contingency gap
- Lessons learned and unlearned

Session 9: The drive for informalization
- Global trends: informal intergovernmental organizations/consultations
- Historical perspectives
- Implications for migration governance

Session 10: Issue linkage in international cooperation on the governance of migration
- Issue linkage in IR theories
- Case studies

Sessions 11 & 12 : Practices of readmission (exercise with students)
- Analysis of agreements linked to readmission (1 for each group)
- Grafting readmission onto other issue-areas
- Collective reflection on why patterns of cooperation differ so much

Session 13: Time contraction, procedural safeguards and access to rights
- The mobility mantra: origins and implications
- Labour temporariness and beyond
- Procedural safeguards and the drive for “operability”

Session 14: The grey zone
- Repertoire: notions and language
- Production and reproduction: the need for migration governance
- Attributes of the grey zone and implications

Session 15: A grounded approach to the governance of migration (viewed by the governed)
- Exploring field data
- The issue of reintegration
- Access to rights and time contraction

Session 16: Through the looking-glass of migration governance
- Coercion
- Regulation
- Legitimation

Session 17: Political action and counternarratives in times of consensus
- Drawing on previous experiences
- Lessons learned

Session 18: Wrap-up session

- Acharya Amitav (2004), “How Ideas Spread: Whose Norms Matter? Norm Localization and Institutional Change in Asian Regionalism”, International Organization 58(2): 239-275.
- Betts Alexander (2011), ed., Global Migration Governance. Oxford: Oxford University Press.
- Boswell Christina (2003), “The ‘External Dimension’ of EU Immigration and Asylum Policy“, International Affairs 79(3): 619-638.
- Castles Stephen and Van Hear Nicholas (2011), “Root Causes”. In Betts Alexander, ed., Global Migration Governance. Oxford: Oxford University Press, pp. 287-306.
- Dai Xinuyan., Snidal Duncan, and Sampson Michael (2017), ‘International Cooperation Theory and International Institutions’, Oxford Research Encyclopaedia of International Studies. https://oxfordre.com/internationalstudies/view/10.1093/acrefore/9780190846626.001.0001/acrefore-9780190846626-e-93
- Geddes Andrew (2005), “Europe's border relationships and international migration relations”, Journal of Common Market Studies 43(4): 787–806.
- Geiger Martin and Pécoud Antoine (2010), “The Politics of International Migration Management”, in Martin Geiger and Antoine Pécoud (eds.), The Politics of International Migration Management. Basingstoke: Palgrave Macmillan, pp. 1-20 (read Chapter One only).
- Giuffré Mariagiulia (2020), The Readmission of Asylum Seekers under International Law. Oxford: Hart.
- Haas Peter M. (1992), “Introduction: Epistemic Communities and International Policy Coordination”, International Organization 46(1): 1-35.
- Hollifield James F. (1992), “Migration and International Relations: Cooperation and Control in the European Community”, The International Migration Review 26(2): 568-595.
- Keohane Robert O. (1984), After Hegemony: Cooperation and Discord in the World Political Economy. Princeton: Princeton University Press.
- Koremenos Barbara (2005), “Contracting around International Uncertainty” American Political Science Review 99(4): 549-565.
- Lipson Charles (1991), "Why Are Some International Agreements Informal?" International Organization 45(4): 495-538.
- Nugent Neill (2017). The Government and Politics of the European Union: 8th edition. Palgrave Macmillan.
- Steans Jill, Pettiford Lloyd, Diez Thomas and El-Anis Imad, An Introduction to International Relations Theory: Perspectives and Themes (Third edition). Essex: Pearson.
- Weiner Myron (1985), “On International Migration and International Relations”, Population and Development Review 11(3): 441-455.

- Rights of EU citizens
- Rights of third-country nationals in the EU
- The position of aliens in relation to the European Convention on Human Rights
- The externalization of border controls
- The evolution of the right to asylum and the principle of non-refoulement
- The Dublin system: problems and prospects for reform
- The administrative detention of migrants
- Legal entry channels to EU
- The dialogue between the Court of Justice of the European Union and the European Court of Human Rights on asylum and migration

EU Immigration and Asylum Law. Article-by-Article Commentary, Edited by D. Thym and K. Hailbronner, Oxford: Hart Publishing, 2022

Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis: Legality, Rule of Law and Fundamental Rights Reconsidered, Edited by S. Carrera, J. Santos Vara, and T. Strik, Cheltenham: Elgar, 2019.

- Rights of EU citizens- Rights of third-country nationals in the EU- The position of aliens in relation to the European Convention on Human Rights- The externalization of border controls- The evolution of the right to asylum and the principle of non-refoulement- The Dublin system: problems and prospects for reform- The administrative detention of migrants- Legal entry channels to EU- The dialogue between the Court of Justice of the European Union and the ECHR

EU Immigration and Asylum Law. Article-by-Article Commentary, Edited by D. Thym and K. Hailbronner, Oxford: Hart Publishing, 2022 Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis: Legality, Rule of Law and Fundamental Rights Reconsidered, Edited by S. Carrera, J. Santos Vara, and T. Strik, Cheltenham: Elgar, 2019.

The course aims to give a basic knowledge of the main features and challenges of contemporary migration governance, with a special focus on the issue of access to asylum. It covers the principles governing the management of the migratory phenomenon, highlighting its complexity and the multiplicity of interacting and often competing dynamics. It traces the foundations of the international cooperation on migration-related matters, focusing on todays’ mechanisms of multilateral collaboration put in place to ensure safe and legal access to protection for migrants and asylum seekers.
To this end, the course explores different legal and institutional frameworks, involving different international organisations: the United Nations, the Council of Europe and, most notably, the European Union. Following an overview of the most relevant legal tools governing migration management and migrants’ fundamental rights at the various levels, the course focuses on the multiplicity of actors and players involved on the international scene in the setting up of legal and protected pathways to asylum, such as resettlement and humanitarian visas. This includes UN bodies and agencies (e.g. UNHCR and IOM), as well as ad hoc figures activated within the Council of Europe and the EU. Finally, the course will discuss the relevant and recent migration-related case law of the two European courts: the EU Court of Justice and the European Court of human rights.

- Gil Loescher, Refugees. A very short introduction, Oxford University Press, Oxford, 2021.

- M.C. Foblets, L. Leboeuf (Eds), Humanitarian Admission to Europe, Nomos, Baden-Baden, 2020.

Additional study materials (e.g. documents, scientific articles, case-law, Power Point presentations, etc.) will be made available by the Professor during the course and will be accessible through the Moodle Platform.

The course examines the following aspects: the international protection regime, including the principle of non-refoulement and examples of protected entry procedures; the functioning of the Common European Asylum System, including criteria for distribution of responsibilities among member states, take-back procedures and relocation schemes; the EU Reception Conditions Directive and its implementation in the EU; the impact of the 2015 refugee crisis and the EU-Turkey agreement; how the issues of secondary movements and detention of asylum seekers are being addressed by the reform proposals at an advanced stage of negotiation (New EU Pact on Asylum and Migration); the temporary protection regime (implemented vis-à-vis Ukraine); and examples of integration strategies.

The oral exam will be based on the following readings:
1. Chapters 6 (Integration), 7 (The Common European Asylum System), 8 (Responsibility allocation and solidarity), 9 (Schengen and internal Border Controls) and 10 (Return and Readmission), in De Bruycker, De Somer, De Brouwer (eds), From Tampere 20 to Tampere 2.0. Towards a new European consensus on migration, 2019, p. 73-143.
2. E. Küçük, Temporary Protection Directive: Testing New Frontiers?, in European Journal of Migration and Law, 2023, pp. 1–30
3. M. Gkliati, The EU Returns Agency: The Commissions’ Ambitious Plans and Their Human Rights Implications, in European Journal of Migration and Law, 2022, pp. 545–569
4. D. Thym, Temporary Protection for Ukrainians: the Unexpected Renaissance of ‘Free Choice’, in EU Migration Law Blog, 2022, pp. 1-5
5. N. Feith Tan, Externalisation of asylum in Europe: Unpacking the UK-Rwanda Asylum Partnership Agreement, in EU Migration Law Blog, 2022, pp. 1-4
6. D. Thym, Secondary Movements: Overcoming the Lack of Trust among the Member States?, in EU Migration Law Blog, 2020, pp. 1-6
7. J. Vedsted-Hansen, Border Procedure: Efficient Examination or Restricted Access to Protection?, in EU Migration Law Blog, 2020, pp. 1-6
8. Boldizsár Nagy, A – pyrrhic? – victory concerning detention in transit zones and procedural rights: FMS & FMZ and the legislation adopted by Hungary in its wake, in EU Migration Law Blog, 2020, pp. 1-5
9. M. Savino, On failed relocation and would-be Leviathans: Towards the New Pact on Migration and Asylum, in ADiM Blog, 2020, pp. 1-8
10. F. Maiani, Hotspots and Relocation Schemes: the right therapy for the Common European Asylum System?, in EU Migration Law Blog, 2016, pp. 1-4

Lecture 1(3-hour): Theoretical currents in geopolitical thought: from the end of the Cold War to the 21st century.
Lecture 2 (3-hour): Euro-Mediterranean migration dynamics: geopolitical causes, consequences and conflicts.
Lecture 3 (3-hour): The geopolitics of migration routes in the Euro-Mediterranean area.
Lecture 4 (3-hour): A geopolitical framework of the refugee crisis in the USA.
Lecture 5:(3-hour): New horizons in international asylum policy between the right to security and the right to asylum.
Lecture 6 (3-hour): How pandemic is shaping global security and geopolitics: open society vs closed society.
Lecture 7: Geopolitics of the new global landscape: between pandemic and digital revolution.
Lecture 8: Tradition and Innovation: the controversial relationship between religion and pandemics.
Lecture 9: Focus on Environmental security, climate change and human mobility.
Lecture 10: Geopolitics of the war in Ukraine: the Mediterranean factor.

The course material may vary depending on current international geopolitical events.

https://www.opendemocracy.net/en/endism/

https://www.aljazeera.com/opinions/2020/12/19/how-huntington-and-fukuyama-got-the-21st-century-wrong

http://www.guillaumenicaise.com/wp-content/uploads/2013/10/huntington_clash-of-civlizations.pdf

https://www.aljazeera.com/opinions/2020/12/19/how-huntington-and-fukuyama-got-the-21st-century-wrong

https://www.europarl.europa.eu/thinktank/infographics/migration/public/index.html?page=intro

https://news.miami.edu/stories/2020/04/40-years-later-cuban-americans-reflect-on-the-mariel-boatlift.html

https://www.bbc.com/news/world-europe-34131911

https://www.iai.it/en/pubblicazioni/beyond-stability-united-libya-will-not-end-migration-challenge-italy-and-eu

https://ecfr.eu/special/mapping_migration/

https://www.bbc.com/news/world-europe-59206685

https://www.bbc.com/news/world-europe-59226226

https://www.politico.eu/article/eu-money-for-border-infrastructure-legally-possible-charles-michel-says/

https://euobserver.com/migration/153306

https://ec.europa.eu/commission/presscorner/detail/en/ip_20_1706

https://moodle.unitus.it/moodle/pluginfile.php/338795/mod_resource/content/1/New.York.Times.%E2%80%98Marielitos%E2%80%99%20Face%20Long-Delayed%20Reckoning_%20Expulsion%20to%20Cuba%20-%20The%20New%20York%20Times.pdf


https://www.nytimes.com/2021/06/06/world/americas/central-america-migration-kamala-harris.html?action=click&module=Spotlight&pgtype=Homepage

https://www.washingtonpost.com/national/border-arrests-record-levels-2021/2021/10/19/289dce64-3115-11ec-a880-a9d8c009a0b1_story.html

https://www.washingtonpost.com/national/afghan-evacuees-resettlement-us/2021/09/01/c68b6a42-0b4e-11ec-a256-709238a1404d_story.html

https://moodle.unitus.it/moodle/pluginfile.php/338801/mod_resource/content/1/Boatpeople.Friday.pdf

https://www.thenewhumanitarian.org/analysis/2016/05/09/time-reform-way-we-protect-refugees

https://www.migrationpolicy.org/sites/default/files/publications/tcm_bersin-migration-reflection2021_final.pdf

https://www.migrationpolicy.org/article/can-ugandas-breakthrough-refugee-hosting-model-be-sustained

https://link.springer.com/article/10.1007/s42439-020-00022-1

The Global Governance of International Security – Module I
Alessandro Bufalini
1. The United Nations Charter: History and Development
2. Changing the System: How to Amend the UN Charter and Reform its Organs
3. The Prohibition of the Threat or Use of Force: a Paradigmatic Shift
4. The UN General Assembly and the Maintenance of Peace and Security
5. The UN Security Council: Functions, Powers and Practice
6. Collective Security in Practice: The Cold War Era, the Post-Cold War Era and the Recent Developments
7.The Chapter VII of the UN Charter: Unachieved Goals
8. The Blue Helmets: peacekeeping, peace-enforcement and post conflict peace building
9. Authorisations by the United Nations Security Council
10. Chapter VII and the Role of Regional Organizations (in particolar, the North Atlantic Treaty Organization)
11. Self-Defence in International Law: Gravity, Necessity and Proportionality
12. Preventative Self-Defence: the Notion of Armed Attack
13. The Use of Force against Non-State Actors
14. Peace and Justice: The Role of the Judiciary in the Maintenance of peace and security
15. The International Court of Justice and the Use of Force in International Relations
15. The International Criminal Court: Referral and Deferral Powers
16. The European Court of Human Rights: Peacekeeping Operations and Human Rights Protection

Christian Henderson, The Use of Force and International Law, Cambridge University Press, 2018.

The course is divided into two parts.
The first part will be dedicated to an introduction to the multilevel system of protection of rights and individual liberties; the main concepts of comparative constitutional law will be discussed, focusing on the interaction between different legal systems.
The second module will be devoted to the analysis and discussion of relevant judgments concerning the balance between security and individual freedoms.

To prepare for the exam, students are advised to study the textbook indicated below, as well as the materials indicated and provided during classes:

R. Masterman e R. Schutze (eds.), The Cambridge Companion To Comparative Constitutional Law, CUP, 2019 (indicated chapters only): Part I, ch. 2; Part III, chs. 8, 9, 10 e 11; Part IV, ch. 16; Part V, ch. 20.

MODULE I – Towards a world risk society: new phenomena and objectives for criminal law

MODULE II - Elements of Transnational Criminal Law

MODULE III - Elements of International Criminal Law

MODULE IV - Elements of European Criminal Law

MODULE V – Criminal law and corporations as global authors: the “sustainability” challenge

MODULE VI – The global and the punishment: the restorative justice paradigm

In-class students' presentations.

The programme may vary according to teaching needs.

G. Werle, F. Jeßberger, Principles of International Criminal Law, 2020.
V. Mitsilegas, P. Alldridge and L. Cheliotis (eds), Globalisation, Criminal Law and Criminal Justice. Theoretical, Comparative and Transnational Perspectives, 2015.

Exam preparation materials (list of papers), along with other study materials (articles, rulings, videos, slides) will be uploaded to the Moodle page.

Schedule and readings

PART I

1. Concept and concepts (Thursday, October 27)
• Foucault, Michel. What is Enlightenment?, in: The Foucault Reader, by P. Rabinow, 32-50. Pantheon Books, 1984.
• Orrù, Elisa, Privacy: Scepticism, Normative Approaches and Legal Protection. A Review of the Theoretical Debate and a Discussion of Recent Developments in the EU, in: DPCE online, 52 (2022) 2, 779-800.


A) WHAT IS PRIVACY?

2. The roots of the concept of privacy in modern political philosophy (Friday, October 28)
• Hobbes, Thomas, Leviathan, edited by Tuck, Richard, Cambridge University Press: Cambridge, 1991, Ch. XVII (Of Commonwealth) and XXII (Of Systems Subject, Political, and Private), p. 117-121, 155-165.
• Mill, John Stuart, J. S. Mill’s On liberty in Focus, edited by Gray, John London: Routledge 1991, Ch. I (Introductory), p. 23-35.

Additional readings (optional):
• Mill, John Stuart, J. S. Mill’s On liberty in Focus, edited by Gray, John London: Routledge 1991, Ch. III (On Individuality) and IV (Of the Limits to the Authority of Society Over the Individual), p. 72-89, 90-107.

3. Privacy: definitions & contestations (Thursday, November 3)
• Warren, Samuel D., Brandeis, Louis D., The right to privacy [the implicit made explicit], in: Schoeman, Ferdinand David (ed. by), Philosophical Dimensions of Privacy: An Anthology. Cambridge: Cambridge University Press 1984, 75–103.
• Thomson, Judith Jarvis, The Right to Privacy, in: Philosophy & Public Affairs, 4/4, 1975, 295–314.


4. Privacy as Contextual Integrity (Friday, November 4)
• Nissenbaum, Helen Fay, Privacy as Contextual Integrity, in: Washington Law Review, 79, 2004, 119-158 (excluding section II, 125-136).

Additional readings (optional)
• Solove, Daniel, “I’ve Got Nothing to Hide” and Other Misunderstandings of Privacy, in: San Diego Law Review, 44, 2007, 745-772.


B) WHY IS PRIVACY IMPORTANT?

5. The importance of privacy for democracy (Thursday, November 10)
• Rouvroy, Antoinette, Poullet, Yves, The Right to Informational Self-Determination and the Value of Self-Development: Reassessing the Importance of Privacy for Democracy, in: Gutwirth, Serge (ed. by), Reinventing data protection? Berlin: Springer 2009, p. 45-76.

Additional readings (optional)
• Gutwirth, Serge, De Hert, Paul, Privacy, data protection and law enforcement. Opacity of the individual and transparency of power, in: Claes, Erik, Duff, Antony, Gutwirth, Serge (ed. by), Privacy and the criminal law. Antwerp: Intersentia 2006, 61–104.
• Raab, Charles D., Privacy, Social Values and the Public Interest, in: Politik und die Regulierung von Information’ [‘Politics and the Regulation of Information’], Politische Vierteljahresschrift, Sonderheft 46, 2012, 129–151.

6. Privacy and gender (Friday, November 11)
• Rössler, Beate, Gender and Privacy. A Critique of the Liberal Tradition, in: Rössler, Beate (Hg.), Privacies: philosophical evaluations. Stanford, Calif.: Stanford University Press 2004 (Cultural memory in the present), 52–72.
• Allen, Anita, "Gender and Privacy in Cyberspace", 52 Stan. L. Rev. 1175, 2000.


Additional readings (optional)
• Poovey, M. (1992). The abortion question and the death of man. In: Judith Butler & Joan Wallach Scott (eds.), Feminists Theorize the Political. Routledge. 239-256.


C) SURVEILLANCE AND THE PRIVATION OF PRIVACY

7. Surveillance, self-surveillance and control: the Panopticon and beyond (Thursday, November 17)
• Foucault, Michel, Discipline and punish: the birth of the prison. New York, Alexandria, VA: Vintage Books, Alexander Street Press, 1979, “Panopticisms”, p. 195-229.
• Deleuze, Gilles. Postscript on the Societies of Control, in: October, 59, 1992, 3–7.


Additional readings (optional):
• Haggerty, Kevin D., Tear down the walls: on demolishing the panopticon, in: Lyon, David (ed. by), Theorizing surveillance: the panopticon and beyond. Cullompton: Willan, 2009, 23–45.


8. Total domination: the negation of the private (Friday, November 18)
• Arendt, Hannah, The Origins of Totalitarianism. New York : Harcourt, Brace & World, 1966, chap. 13 “Ideology and Terror: A Novel Form of Government”, 460-479.

Additional readings (optional):
• Arendt, Hannah, The human condition. Chicago: University of Chicago Press 1998, Ch. II, p. 22-78.
• Benhabib, S., Feminist theory and Hannah Arendt’s concept of public space, in: History of the Human Sciences, 6/2, 1993, 97–114.
• Los, Maria, The Technologies of Total Domination, in: Surveillance & Society, 2/1, 2004, 15-38.




9. Surveillance today (Thursday, November 24)
• Zuboff, Shoshana, The Age of Surveillance Capitalism: The Fight for a Human Future at the New Frontier of Power. New York: PublicAffairs 2019, chap. 3.


Additional readings (optional):
• Los, Maria, Looking into the future: surveillance, globalization and the totalitarian potential, in: Lyon, David (ed. by), Theorizing surveillance: the panopticon and beyond. Cullompton: Willan 2009, 69–94.

• Elmer, Greg, Panopticon-discipline-control, in: Ball, Kirstie, Haggerty, Kevin D., Lyon, David (ed. by), Routledge handbook of surveillance studies. London: Routledge 2012, 21–29.

10. Surveillance today: open topic (Friday, November 25)

D) PRACTICES OF DATA PROTECTION AND SURVEILLANCE IN EUROPE

11. The General Data Protection Regulation (GDPR) and the PNR Directive (Thursday, December 1)
• Articles GDPR, especially Chapter 2 (Art. 5-11), Chapter 3 (Art. 12-23), Article 25 and Chapter 5 (Art. 44-50): https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679&from=EN
• Orrù, Elisa, The European PNR framework and the changing landscape of EU-security, in: Verfassungsblog, 21. December 2021, https://verfassungsblog.de/os3-pnr/
• Court of Justice of the European Union, PRESS RELEASE No 105/22, Luxembourg, 21 June 2022, Judgment of the Court in Case C-817/19 | Ligue des droits humains, https://curia.europa.eu/jcms/upload/docs/application/pdf/2022-06/cp220105en.pdf


12. Workshop: privacy in practice and conclusion (Friday, December 2)

The course will consist of three modules:
MODULE 1 – THE ORIGINS OF THE RIGHT TO PRIVACY AND ITS EVOLUTION
- “The right to be let alone” and the physical trespass doctrine in the US
- The right to privacy in Europe
- From the right to privacy to the right to data protection: the EU legal framework

MODULE 2 - THE GENERAL DATA PROTECTION REGULATION
- The general principles of the GDPR
- The legitimate grounds for the processing of personal data
- The data subjects’ rights
- Data breaches and the obligations applicable to controllers and processors

MODULE 3- CASE STUDIES AND CURRENT CHALLENGES
- The right to be forgotten in the digital age
- Transfers of data to third countries
- The data retention saga
- Disruptive technologies and the GDPR
- Data protection and cybersecurity

Students will be examined on the following materials:
• Selected readings (book chapters, blog entries) and cases made available by the instructor
• Slides and class notes

The module will touch upon the following subjects:

Part I – Introduction to Artificial Intelligence and law
What is Artificial Intelligence? Technical notions and legal implications
Artificial Intelligence and digital technologies: law vs. technology?
The human rights framework and the threats of AI and automated decision-making

Part II – Artificial Intelligence and human rights: focus
Artificial Intelligence and data
The debate on automated decision-making in the GDPR
Freedom of expression and AI. The challenges of content moderation
Intellectual property rights and AI

Part III – New challenges and regulatory developments
Regulation of AI: the European Union AI Act
The debate on legal personality for AI systems
AI, automated decision-making, and predictive justice

Students will be examined on the following materials:
• W. Barfield and U. Pagallo, Advanced Introduction to Law and Artificial Intelligence, Edward Elgar, 2020
• Selected readings (book chapters, blog entries) and cases made available by the instructor
• Slides and class notes

I. Characteristics of environmental problems and models of environmental protection based on private law: I. The twelve characteristics of environmental problems. II. The models of protection. The management of environmental problems entrusted to private law.

II. Models of environmental protection entrusted to state intervention: I. Command and control. II. Market instruments.

III. Legal qualification of the environment: I. Meaning of the subject and analysis of the main theses. II. The environment as a duty. III. Some corollaries of the theory.

IV. The Principles: I. The responsibility expressed by the principles. II. Sustainable development.

V. The environment in the Constitution, European law and international law: I. A look at the Italian legal system: Environment, Constitution and legislative competence. II. The environment in the European Union. III. The environment in the European Convention on Human Rights and in international law.

Fracchia, Fabrizio. (2018). Environmental law : principles, definitions and protection models. Napoli Editoriale scientifica.