EU LAW

Instructional goals

The course aims to address the nature, structure and functions of the EU and international law concerning international business transactions and the resolution of international business disputes. The main objective is the development of the students’ understanding and knowledge of the relevant issues and the strengthening of their ability to interact at the required levels (research, study, professional work) on the main subject-matters of the discipline.

Intended learning outcomes

Knowledge and understanding: Students will gain a strong knowledge of the international and EU norms applicable to business transactions. The focus will be both on business between private parties and on business between private parties and sovereign states. This knowledge will be acquired through lectures, seminars and case studies. Applying knowledge and understanding: Students will be able to apply the knowledge acquired at the theoretical level to investigate current developments related to the field of international and EU business transactions. These skills will be obtained through exam preparation and individual and group practical exercises as well as through peer interaction in the discussion over business-related cases of interest. Making judgements: Students will acquire the necessary tools to understand and examine, from a legal perspective, topical business trends both worldwide and within the EU. Students will also develop a capacity for analysis and critical reasoning on problems and case studies, adequately applying the relevant legal framework and judicial practice to the international and EU business issues examined. Communication skills: Students will acquire the ability to construct, scrutinize and communicate their point of view and the outcomes of their analysis. Communication skills will be achieved and verified through the study of materials and decisions and in-class interaction in the discussion of legal cases designed to help the students develop their critical thinking skills. Learning skills: Students will have the ability to understand and analyze current issues and developments in international and EU law related to international business. They will be able to further their studies in this field and to pursue various career paths after completion of their studies, including in multinational companies, international institutions and organizations, diplomacy, and NGOs.

Course Contents

The course covers the key aspects of international and EU law concerning business transactions. The focus is both on business between private parties (EU private international law; international commercial arbitration) and on business between private parties and sovereign states (international investment law and arbitration).

Reference Books

The study of both the following textbooks is required: PERTEGÁS SENDER, Marta; BOGDAN, Michael. Concise Introduction to EU Private International Law, (4th edition), Europa Law Publishing, 2019 (only Chapters 1, 2, 3, 4 and 7) REINISCH August, Advanced Introduction to International Investment Law, Edward Elgar, 2020. Attending students will be provided with additional readings where appropriate.

Teaching Methods

This course will follow a combination of lectures, with active participation of students, followed by discussions regarding the most relevant case studies. The course does not impose compulsory attendance, but the active participation of students is very useful for the preparation of the exam.

Assessment Method

The examination consists of a final written exam where the student will be required to demonstrate knowledge and understanding of the relevant legal concepts and the ability to apply these concepts to practical cases brought to the student’s attention. The student is expected to be able to use the appropriate technical and legal vocabulary. The grade is given in thirtieths. Failure to achieve a score of 18/30 will result in failure to pass the exam. The correct response to all questions and proof of an excellent level of preparation will result in the attribution of a score of 30/30, possibly with the award of honors. In assessing the student’s level of preparation, the following evaluation criteria will be considered jointly: knowledge and understanding of the legal framework and the ability to apply it to concrete cases (60%); ability to use appropriate technical and legal vocabulary (25%); ability to critically analyze and evaluate relevant sources and issues (15%).

Thesis assignment criteria

Assignment to be decided upon satisfactory results in the exam and good knowledge of the basic principles of international and EU economic law and private international law. Good knowledge of the English language and possibly of a second language.

Week 1 Contenuto sessioni on line e on campus

Introduction to International and EU Law On campus: Introductory notions of international law Online: Introductory notions of EU law

Week 2 Contenuto sessioni on line e on campus

Overview of International and EU Economic Law On campus: Key features of international economic law Online: Key features of EU economic law

Week 3 Contenuto sessioni on line e on campus

Private International Law and Business Transactions On campus: Overview of private international law Online: Overview of EU private international law

Week 4 Contenuto sessioni on line e on campus

International Contracts On campus: The EU Rome I Regulation Online: Case studies on the EU Rome I Regulation

Week 5 Contenuto sessioni on line e on campus

International Business Disputes (I) On campus: The EU Brussels I Regulation Online: Case studies on the EU Brussels I Regulation

Week 6 Contenuto sessioni on line e on campus

International Business Disputes (II) On campus: International commercial arbitration Online: Enforcement of foreign arbitral awards

Week 7 Contenuto sessioni on line e on campus

Introduction to International Investment Law On campus: Introductory notions of international investment law Online: Introductory notions of EU investment law and policy

Week 8 Contenuto sessioni on line e on campus

Overview of International Investment Law On campus: The notion of expropriation in international investment law Online: Case studies on the concept of expropriation in international investment law

Week 9 Contenuto sessioni on line e on campus

The International Investment Protection Standards On campus: Fair and equitable treatment and non-discrimination Online: Most-favored-nation treatment, umbrella clauses and discriminatory measures

Week 10 Contenuto sessioni on line e on campus

Overview of Investor-State Dispute Settlement (ISDS) On campus: Introduction to investment arbitration proceedings Online: Case studies on ICSID procedure

Week 11 Contenuto sessioni on line e on campus

EU Law and Investor-State Dispute Settlement On campus: The Intra-EU investment arbitration saga Online: Case studies on the post-Achmea Judgement in EU law

Week 12 Contenuto sessioni on line e on campus

International and EU Business Standards towards sustainability issues On campus: EU and international investment law in the environmental context Online: Environmental, Social and Governance (ESG) in international business transactions