2023 CLEF Curriculum
The LL.M. CLEF curriculum comprises of the range of courses listed below (the list may be subject to changes,
additions or updates): CLEF students need to complete a minimum of 57 credits as taught modules.
LL.M. IN COMPARATIVE LAW, ECONOMICS, AND FINANCE
ACADEMIC YEAR 2023
Academic & Legal Research & Writing (Christina Mosalagae, 24 hours, 4 ECTS)
This introductory course is designed for students coming from a broad range of disciplines, to make them able to effectively locate, understand, and apply legal research materials. Three are the main components: understanding English legal terminology; writing in a persuasive and effective way; and a special focus on the term-specific IUC courses.
Theories of Institutions (Petar Bojanić, 24 hours, 4 ECTS)
This course examines the main attempts at defining and thematizing the institution in Western thought. We will examine various schools of thought and fields of knowledge where sketches of ‘theories of institutionalization’, as well as ‘theories of the institution’ appear.
At the beginning of the 20th century, ‘institutionalist’ theories of law (M. Hauriou, S. Romano, C.Schmitt) drew attention to the institutional dimension of legal phenomena and underscored the importance of analyzing relations of right within judicial institutions (the Rechts institute of Savigny), regarding both public and private rights. An interest in the institutional approach of social phenomena was renewed thanks to the work of P.Winch (The Idea of a Social Science and its Relation to Philosophy), and more recently, the analyses of ‘the construction of social reality’ by R. Searle, and the ensuing debates (Barry Smith, Ian Hacking, V. Descombes, P. Livet, R. Ogien and others). From a different point of view, A. Honneth has recently drawn attention to the importance of social institutions as the conditions of realization of individual and collective freedom (Das Recht der Freiheit). Beyond the given philosophical differences (‘realism’ or ‘anti realism’), it is important to evaluate the state of current scholarship regarding the institution, from the threefold standpoint of social ontology, philosophy of law, and social and political philosophy (using both a systematic, as well as a historical approach in these examinations), and to envision the paths further reflection on the subject could follow.
The method of instruction will be comprised of both more formal lecturing, and class discussions on an on-going basis: self-learning (individual research by students); class discussion, with denunciation and alternatives for problem solving. Grading will be based both on formal tests and on class participation.
A Critical Approach to Food Governance: Institutions, Actors, Paradigms, and Power
(Nora McKeon, 24 hours, 4 ECTS)
Food governance is a key area of investigation to better understand the actors and interests at play in today’s globalized and financialized world in which food and natural resources constitute a central terrain of conflict. The module will offer an analytical and differentiated overview of global and local food systems, their impacts on food security and social and ecological sustainability, the institutions and modes of governance with which they interact, and the challenges they face today. It is intended to stimulate an understanding of the interrelations among a range of topics addressed in the Masters and a critical engagement with the issues posed and the evidence presented.
The module will start with an introduction to the history of food governance. The aim will be to place approaches to organizing food provisioning in the contexts in which they have developed in order to guard against their ‘naturalization’ and understand them, instead, as the products of specific time-bound economic, social, cultural, political, and ecological conjunctures. It will then contrast two contemporary approaches to food provisioning and their governance implications: global corporate supply chains (dominant in structural and discursive terms) and territorially embedded food ‘webs’ (often termed ‘alternative’ despite the fact that they account for some 80% of the food consumed world-wide). Key questions will be raised regarding the two approaches such as: who holds power? who derives benefits? how do they measure up to important challenges the world faces today?
The module will then shift from structural to discursive power. It will introduce students to crucial vocabulary, thoughts and ideas that represent the building blocks of discussions around the food regime, stimulating them to develop a capacity to critically ‘read between the lines’. It will examine how discursive power is wielded to affect changes (or defend against them) in paradigms and norms. Important paradigms that are relevant to food governance will be reviewed, such as productivity/modernity, the ‘free’ market, food security, the right to food, and food sovereignty. The pitfalls and potentials of ‘evidence-based policy’ will be discussed, along with the paradigmatic and evidence/knowledge generation requirements for building transformative public policy.
The module will then address one of the key problematic areas in governance today, that of corporate power in governance arena, exercised through multistakeholder platforms, public private partnerships and private regulatory mechanisms. Issues pertaining to the theory and practice of inclusive and democratic public policy spaces will be reviewed, such as representation, legitimacy, accountability, deliberative capacity. The module will introduce students to the highly innovative human rights-based Committee on World Food Security (CFS), the only global policy forum in which organizations representing sectors of the population most directly affected by the decisions under discussion are full participants on the same footing as governments. The module will discuss the challenges the CFS faces as it moves into its 10th year of operations. It will conclude with reflections on entry points and requirements for multi-sector and transcalar governance that promotes transitions towards more sustainable and equitable food systems.
- International & European Migration Law (Ulrich Stege, 24 hours, 4 ECTS)
- Migration Law in Practice (Maurizio Veglio, 18 hours, 3 ECTS)
The Clinical Legal Education program at the IUC develops and supports an evolving offer of legal clinics. Clinical students will offer from pro bono legal advice for asylum seekers and migrants to strategic litigation, down to research and advocacy activities in the field of migration, all of which contribute to a set of positive learning and social outcomes.
The Associazione per gli Studi Giuridici sull’Immigrazione [Association for Legal Studies on Migration] (ASGI) contributes to the clinic with its affiliated and specialized lawyers through advising, supporting and supervising clinical activities at all stages. The clinic involves a partial component of external placements, where students intern at the legal aid offices (sportello assistenza immigrati) of Italian trade unions and local non-profit organizations working in the field of migration in Turin, including the offices of the Camera del Lavoro di Torino (CGIL), Confederazione Unitaria di Base (CUB), Unione Sindacale di Base (USB), Ufficio per la Pastorale dei Migranti and Gruppo Abele. The Clinic also co-operates with research institutes, like the Forum Internazionale ed Europeo di Ricerche sull’Immigrazione (FIERI) and local, European and international organisation, such as the European Network for Clinical Legal Education (ENCLE).
Foundations of Money & Finance (Aleksandar Stojanović, 24 hours, 4 ECTS)
Macroeconomic Stability & Financial Instruments (Jan Toporowski, 24 hours, 4 ECTS)
The objective of these courses is to provide a good understanding of key issues in macroeconomic stability and the role of money and finance in macroeconomic instability.
Financial instruments will be treated as financial innovations, examining the circumstances under which particular financial instruments have emerged to support macroeconomic stability and demonstrating the problems that arose in using these monetary and financial instruments. These problems are then shown to give rise to the next set of credit and financial innovations.
Law & Ethics in Time of War I (Davide Grasso, 24 hours, 4 ECTS)
Law & Ethics in Time of War II (Davide Grasso, 24 hours, 4 ECTS)
The course proposes a theoretical study of the emergence of institutions within society through the empirical application of descriptive and critical models. A contemporary case-study selected from the Middle Eastern context will be the Syrian Civil War. In Syria the process of erosion of the nation-state power, associated with the intertwining of subjects, criteria and sources of legitimacy on a fragmented territory has become a paradigmatic extreme of an overall tendency in the present century. This includes protagonism of para-state subjects, sometimes ideologically motivated and connected to, or dependent on, international actors. New institutional subjects have thus emerged in the Syrian context since 2012 as alternative legal frameworks in conflict with the state and its constitution. One of the efforts of these subjects is trying to obtain recognition either from the state itself or from global players.
The course will attempt to test some classical theories on the very question of how construction, deconstruction and legitimation of institutional entities take place by analyzing the process of birth, development and transformation of such institutions. Formal lectures will alternate with class discussion addressing two fundamental points: how normative action is to be understood (L. Wittgenstein, S. Kripke, J.R. Searle) and which relationship it has with brute power and violence (H. Arendt, M. Foucault, J. Derrida).
Foundations of the Comparative Approach (Günter Frankenberg, 12 hours, 2 ECTS)
Laws neither fall ‘from heaven’ as lawmakers’ ingenious insights nor grow organically from the soil of local culture. While brilliant ideas and context are crucial for the construction of laws, they may be more adequately understood as products of the confluence of information – some local, some that have travelled from elsewhere.
The course will focus on how legal information travels – or as it is described here: how it is transferred. The concept of transfer is meant to make comparatists sensitive to the different ways legal items, such as rights and values, organizational provisions and doctrines, are converted into standardized information and over time become products or commodities on the global or regional markets where elites, politicians, social movements, and legal consultants shop for inspirational legal ideas, ‘commanding’ constitutional models, efficient bankruptcy regulations, progressive family laws, or mechanisms to cope with corruption already tested someplace else.
Economic Theories (Joseph Halevi, 24 hours, 4 ECTS)
The course focuses on the formation and evolution of the political economy of capitalism. This approach is partitioned in three parts:
capitalism as a system oriented towards the creation of abstract wealth through accumulation (the classical approach);
interaction based on methodological individualism and thus on the identification of economic behavior and economic relations with markets – itself this second part is subjected to a division in two strands:
the General Equilibrium strand and
the Marshallian strand;
monetary relations as expressing abstract wealth without however entailing systemic accumulation nor the existence of markets for a large class of activities (Keynes).
The course then shows how attempts to develop consistent theoretic narratives in economics ended up relying on such special cases as to make it impossible for those narratives to function as parables for actual systems, while the narrative question is deeply intertwined with policy debates.
Transnational Litigation (Avi Singh, 24 hours, 4 ECTS)
This course a critical perspective on the operation of private law principles in transnational public law institutions. In its critical viewpoint, it looks at principles of law and economics, including the efficiency of procedures, and their normative nature. As such, it offers a perspective on the intersection between the practice of law, the jurisprudence of law, and the political economies of law, in transnational legal fora.
The private international law concepts applied to transnational law are (1) jurisdiction, both subject matter and personal, including locus standing and conveniens non forum; (2) choice and/or conflict of law, including the concepts of extraterritoriality, immunities, and (3) remedies. These private international law concepts are studied through the context of case law of the following institutions / transnational fora – (1) International Criminal Courts (2) Bilateral Investment Treaty Arbitration (3) International Court of Justice / European Court of Justice (4) European Court of Human Rights / Other Regional Human Rights For a (5) Sanctions Regime (6) World Trade Organisation. In studying these case laws, the critical aspect of each institution is studied. Which rights are being created internationally through Bilateral Investment Treaties? Does the World Trade Organisation allow countries to challenge domestic policies in international fora? Does Bilateral Investment Treaty privilege investors with rights they do not possess in domestic laws, without any corresponding liabilities? What are the rights of those whose human rights under international law have been violated? What are their remedies? Are the rights in international criminal law institutions vested in victims or the international community? Through these international legal fora, rights have been created transnationally. The procedure and practice of these institutions, through legal principles, allow us to parse these rights, the remedies offered for a violation of the rights, and the normative arguments offered in favour of these institutions.
The corporation as a transnational creature is studied through reference to its rights across countries, and jurisprudence of bilateral investment treaties as well as the International Court of Justice. Sovereignty is the supposed lynchpin of public international law. It is the Westphalian system’s enduring legacy—nominally equal states dealing with each other as equals. The legal regime is in fact starkly different. It is the subject of transnational law as much as it is an object of it, and a principle in it.