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.
Prerequisites
None.
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 recommended:
HAY, Peter; Advanced Introduction to Private International Law and Procedure, Edward Elgar Publishing, 2nd ed., 2023 (chapters 1, 2 and 4)
PALOMBINO, Fulvio Maria; Introduction to International Economic Law, Giappichelli- Routledge, 2025.
Attending students will be provided with supplementary materials, where appropriate, which may partially replace the textbooks.
Teaching Methods
This course will consist of a combination of lectures and discussions regarding the most relevant case studies. Active student participation is expected.
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 grades are given on a scale of 30. A minimum score of 18/30 is required to pass. The perfect score of 30/30, possibly with of honors, is awarded in case of correct response to all questions and evidence of an excellent level of preparation.
The final assessment will be based on:
(i) two written exams (midterms), which account for 70% of the final grade and cover material from the first and second halves of the course respectively;
(ii) a final written exam, which accounts for 30% of the final grade.
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
Introduction to International and EU Law
Week 2
Overview of International and EU Economic Law
Week 3
Private International Law and Business Transactions
Week 4
International Contracts
Week 5
International Business Disputes (I)
Week 6
International Business Disputes (II) and first midterm.
Week 7
Foundations of International Investment Law.
Week 8
The notion of protected “investor” and “investment” in international investment law.
Week 9
Bilateral investment treaties (BITs) and analysis of the Fair and Equitable. Treatment (FET) standard in International Investment Law.
Week 10
Introduction to the International Centre for Settlement of Investment Disputes (ICSID) and to the issues related to Investor-state dispute settlement (ISDS) in the context of European Union (EU).
Week 11
The Energy Charter Treaty (ECT) and its implication with EU’s legislation.
Week 12
Recap lecture and second midterm.