law

ROBERTA PELEGGI

The main objective of the course is to introduce students to the understanding of the phenomenon of the international unification of law as a result of the globalization process of economy and legal relations. Starting from the close relationship between comparative law and uniform law, the course aims to highlight, in particular, the areas most affected by the gradual approximation of legal rules at regional and international levels, the different forms and techniques that can be used for this purpose, the role played by international organizations and institutions involved in this process. With such an analysis in the background, the course then intends to examine some instruments of particular success and relevance in the field of contract law (the 1980 Vienna Convention on Contracts for the International Sale of Goods, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference, Incoterms, etc.), also in the light of the actual judicial practice, and then consider the attempts to harmonize the law undertaken in areas more traditionally influenced by national specificities such as family law, or which concern the strategic sector of agriculture.

The course aims to introduce students to the understanding of the phenomenon of globalization from a historical perspective and in its current dimension, as well as the contribution of private law to its governance and regulation. Drawing on the compatist approach, the course will seek to shed light on—by focusing the analysis on selected topics that help highlight the complexity of the implications of this phenomenon—the dynamics that arise from it with regard to the promotion of legal uniformity, the circulation of legal models, and the organization of the market and relationships among economic actors.
Exposure to a variety of materials and the discussion of concrete cases in the classroom will enhance individual critical and analytical skills.

For the purpose of fruitful participation in the course and seminar activities, a good command of English is helpful.
While not mandatory, class attendance is strongly recommended

The course is divided into two parts.
In the first part, following an introduction to the phenomenon of globalization and its main dimensions (economic, political, and cultural), attention will be devoted to the current trends reshaping the geography of economic interdependence in an era of growing geopolitical tensions. Particular emphasis will be placed on the resurgence of industrial policy, the increase in trade tariffs, and the global competition for critical raw materials. The course will then examine the legal dimension of globalization, highlighting—through the methodological tools of comparative law—the pressures it exerts on state sovereignty, the relationship between legal systems, particularly between civil law and common law traditions, the transformation of law, and the circulation of legal models.

The second part will explore the contribution of private law to the governance of globalization through the analysis of three selected case studies.
First, the course will examine the process of international harmonization of contract law as a response to the need for greater simplicity and legal certainty in contemporary cross-border commercial transactions. Particular attention will be paid to key legal instruments, including the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts, and the INCOTERMS, with a focus on their interaction and complementary roles.
The course will then address the phenomenon of global value chains as a defining feature of contemporary production organization, with particular attention to contractual relationships within the agri-food supply chain.
Finally, the course will consider the impact of globalization on labour markets, focusing on the increasingly widespread phenomena of illegal labour recruitment and labour exploitation.

ATTENDING STUDENTS
The text for exam preparation, available in open access and also accessible in ebook format from the Giappichelli website, is as follows:
R. Peleggi, Private Law and Globalization: A Thematic Investigation Between Legal Regulation and Economic Dynamics, Giappichelli, Turin 2025 (in Italian). ONLY CHAPTERS 4, 5, and 6. Other suggested reading materials will be made available on the Moodle e-learning platform.

NON-ATTENDING STUDENTS:
The text for exam preparation, available in open access and also accessible in ebook format from the Giappichelli website, is as follows:
R. Peleggi, Private Law and Globalization: A Thematic Investigation Between Legal Regulation and Economic Dynamics, Giappichelli, Turin 2025 (in Italian). CHAPTER 1, 3-6

Other materials whose reading is suggested by the teacher are made available on the Moodle e-learning platform

The course will consist of frontal lessons, seminars and individual presentations on specific topics by the attending students.

The course will be held, starting Feb. 17, 2025, every Monday (10-12 a.m., Classroom 7) and Thursday (9-12 a.m., Classroom 8)

The final exam will consist of an oral exam on the topics covered by the course. The final exam will be held at the end of the teaching period and then according to the calendar established by the teacher in accordance with the Faculty's guidelines. To pass the exam, the students must have scored an evaluation not inferior to 18/30.
In the overall assessment, due consideration will be paid to regular attendance, interest and active partecipation shown by students during the course.

Questions wil focus on matters discussed during the course

• Conceptualizing globalization - Part 1
  • Books: yyy


• Conceptualizing globalization - Part 2


• The historical path of globalization: from protoglobalization to first globalization 


• From the second globalization to hyper globalization


• The fade of hyper globalization


• The current phase: the conflictual globalization 


• The Weaponization of Trade


• The race for critical mineral resources 


• The geographical reconfiguration of GVCs - Part 1


• The geographical reconfiguration of GVCs - Part 2


• The social clauses in commercial treaties


• The international institutions of economic globalization- IMF, WB, WTO)


• The economic dimension of globalization 


• The political dimension of globalization 


• The legal globalization - Part 1 


• The global law 


• The global legal indicators and the legal changes


• The climate change litigation as an example of regulation through litigation


• The international organizations involved in the legal harmonization process


• The International Harmonization of Law by legislative means


• The International Harmonization of Law by case law and contractual means 


• The International Harmonization of Law by legislative doctrine


• The CISG - an overview


• The UPICC 


• The UPICC's possible ways of application


• Contract Farming


• Thw fight against exploitation of workers in the agricultural field