Insegnamento a.a. 2024-2025

This course provides students with the theoretical framework they need to master cross-border aspects of international disputes and the technical and practical tools they need to plan for, manage, and resolve them. Moreover, this course is particularly concerned with concerned with the peaceful settlement of international disputes, including inter-State disputes, and disputes between States and individuals or corporations. Students will gain knowledge of relevant national laws and procedures, the private international law, treaties, and norms that may be implicated in cross-border and international disputes.

Topics covered will include:

Fundamentals of dispute resolution in international and comparative perspective

Cornerstones of global civil procedure

Fundamentals of cross-border litigation

International arbitration: legal frameworks and the interplay of applicable treaties, laws and rules

Arbitration agreements: effect and enforceability

International arbitration and adjudication

Investment arbitration

Settlement of trade disputes

The UN, regional organizations and the settlement of international disputes

Explain to clients the advantages and disadvantages of various forms of international dispute resolution

Select appropriate fora and dispute resolution mechanisms for clients

Identify the treaties, laws, and rules that apply in international disputes

Understand and describe the key features of various dispute settlement mechanisms

Critically explain and analyze the relative strengths and weaknesses of dispute settlement mechanisms

Evaluate how dispute settlement mechanisms apply in real-world situations where States face legal, political and other types of constraints

Understand the fundamental principles of global procedural law and the importance of harmonization

Comprehend the key differences between adversarial and inquisitorial procedural systems and their respective institutions

Identify the tools for addressing major procedural issues in cross-border disputes.

Learn the principles of international arbitration law between private parties, recognize its main institutions, and resolve issues related to the recognition and enforcement of foreign arbitral awards

Use international legal materials to advise clients (states, individuals or corporations) involved in international disputes

Apply their understanding of the relative effectiveness of each dispute settlement mechanism in hypothetical scenarios

Create and develop arguments on why certain dispute settlement mechanisms are preferable to others in hypothetical scenarios

Students are provided with case studies to analyze and discuss. Live and online engagement with both 'problem-style' (i.e. practical) and 'essay-style' (i.e. reflective) questions.

• Written individual exam (traditional/online)

• Active class participation (virtual, attendance)

Class participation in discussions will constitute 10% of the final grade. 

The partial and final exams will constitute 90% of the grade. For both partial and general exams, assessment consists of a choice of open-answer questions of the 'essay-style variety, involving discursive description, explanation, illustration, analysis, discussion and evaluation of the relevant law. The essay style questions aim at testing students' critical and analytical legal analysis, as well as their understanding of the settlement of cross-border and international disputes.

Additional details about the exam and sample exam questions will be distributed in class.  

The written exam/s will constitute 100% of the grade. For both partial and general exams, assessment consists of a choice of open-answer questions of the 'essay-style variety, involving discursive description, explanation, illustration, analysis, discussion and evaluation of the relevant law. The essay style questions aim at testing students' critical and analytical legal analysis, as well as their understanding of the settlement of cross-border and international disputes.

REQUIRED MATERIALS

Cases, materials and articles discussed (to be posted on BBoard)

RECOMMENDED READINGS

Additional readings to be provided and assignments specified in day-by-day syllabus