Instructional goals
The course aims to provide students with a broad knowledge of the main private international law policies pursued at the EU, international and national levels. For the different policies, the course will analyse the main institutional rules in a comparative perspective, taking into account emerging trends in the field. The course will also analyse how different national systems adapt to supranational and international developments in order to facilitate the international life of individuals and companies.
Prerequisites
International Law
Intended learning outcomes
Knowledge and understanding: The aim of the courses in the field of international law is to train students to be aware of the international dimension of problems and their solutions, emphasising the need for intergovernmental cooperation at various levels (regional, continental, universal) in order to face the challenges of globalisation. Appropriate analytical and management tools are also provided in the main international cooperation areas.
Knowledge will be acquired through the frequency of lectures, with the support of case studies taken from jurisprudence, through exercises, through participation in seminars, conferences and meetings, also with external guests from the academic and professional world, including international.
Knowledge and understanding: The aim of the courses in international law is to train students to be aware of the international dimension of problems and their solutions, emphasising the need for intergovernmental cooperation at various levels (regional, continental, universal) in order to face the challenges of globalisation. Appropriate analytical and management tools will also be provided in the main areas of international cooperation.
Knowledge will be acquired through lectures, case studies, exercises, participation in seminars, conferences and meetings, also with external guests from the academic and professional world.
This knowledge will be tested by passing examinations, attending seminars, class discussions and case analyses, as well as intermediate tests.
Ability to apply knowledge and understanding: Possessing the main institutional bases of international law, the student will be able to critically evaluate the main current global problems from a systemic approach, also thanks to the possible teaching of international protection of human rights, international private law, international economic law, international organisations, international jurisdiction, European internal market. In this way, it is possible to provide the basic training necessary for future access to careers in public administration and the international civil service. It provides the often interdisciplinary knowledge required by students interested in international legal careers or in careers in international institutions such as the UN or in diplomacy. It is also aimed at those interested in working in the field of human rights protection at supranational level or in the field of non-governmental organisations.
Skills will be tested through examinations, participation in seminars, class discussions and case analysis, with the possibility of intermediate tests.
Autonomy of judgement: students will have developed a critical awareness that will enable them to formulate autonomous judgements on issues of private international law, in particular by being able to consult the various sources and by acquiring a critical awareness that will enable them to offer elements for the solution of the various problems.
Communication skills: the student will have acquired the ability to communicate, using an appropriate and precise language that will enable him/her to exercise his/her profession in the field of international law with a command of the means of expression.
Learning skills: Students will be able to conduct their own legal analysis by applying the techniques developed in the lectures and in the individual exercises carried out in class and at home.
Course Contents
The course presents private international law in a comparative perspective, analysing national, international and EU sources. Particular attention will be paid to the following topics: influence of EU law on private international law; role of the Court of Justice; interaction between domestic, international and supranational rules. The Rome I Regulation on contractual obligations will be analysed, also in the light of case law. The rules on contracts, in particular international trade and consumer contracts, will be presented. The rules on certain areas of personal law, such as divorce and succession, will also be presented and discussed. In the area of international civil procedural law, the rules of the European Union will be examined, also on the basis of cases. Finally, special attention will be paid to international arbitration, with the examination of standard clauses and the analysis of cases.
Reference Books
A.-L. Calvo Caravaca, J. Carrascosa González (editors), European Private International Law, Comares, Granada, 2022 (only the Chapters referred to in the programme of the course).
Teaching Methods
The course consists of lectures and interactive seminars. The interactive seminars consist mainly of analysis and discussion of case law and doctrinal writings available on the course website. Students are encouraged to participate actively in the seminars.
Assessment Method
The examination is written. The questions are designed to test the student's knowledge of the subject and ability to solve practical, concrete problems. The assessment will be based on the following parameters: the student's ability to identify the legal framework within which the questions to be examined are set; the student's ability to correctly articulate the reasoning leading to the answer to the questions to be examined; the correct use of technical legal terminology.
Attendance at lectures is compulsory. Students who are unable to attend (because they are abroad for a period of study or are involved in a curricular traineeship) must inform the teacher at the beginning of the course.
Thesis assignment criteria
The dissertation must be written in English. Preference will be given to students who have attended lectures assiduously. Knowledge of French, German or any other foreign language that may be useful for the topic of the thesis is also a preferential requirement.
Week 1
I) Introduction. The Subject. Terminology.(Textbook, Chapter I)
2) EU Involvement. The Sources.(Textbook, Chapter II).
Week 2
3) Private International Law: An Overview in Historical Perspective (Textbook, Chapter I)
4) General Issues of Private International Law (Textbook, Chapter I)
Week 3
5) The establishment of the area of freedom, security and justice and Private international law. Private international law of the EU (Textbook, Chapter II)
6) Personal status, personal law (Textbook, Chapter III)
Week 4
7) Divorce, legal separation and nullity of marriage: the applicable law (Textbook, Chapter VI)
8) Divorce, legal separation and nullity of marriage: jurisdiction and recognition of foreign decisions (Textbook, Chapter VI).
Week 5
9) International Succession and Wills: the applicable law (Textbook, Chapter X).
10) Jurisdiction and recognition of foreign decisions; acceptance of authentic acts; the EU Certificate of succession (Textbook, Chapter X).
Week 6
11) Regulation Brussels I: The Scope and Other General Features of the Regulation (Textbook, Chapter XI)
12) Rules on jurisdiction (Textbook, Chapter XI)
Week 7
13) Choice of court agreements (Textbook, Chapter XI)
14) International contracts: an overview (Textbook, Chapter XIII)
Week 8
15) International contracts (Textbook, Chapter XIII)
16) International Contracts. Regulation Rome I: The Scope and Other General Features of the Regulation(Textbook, Chapter XIII)
Week 9
17) International contracts: party autonomy. (Textbook, Chapter XIII))
18) Applicable Law in the Absence of Choice.(Textbook, Chapter XIII)
Week 10
19) Consumer contracts and private international law (Textbook, Chapter XV)
20) Art. 6 of the Rome I Regulation. Electronic commerce (Textbook, Chapter XV)
Week 11
21) Recognition and enforcement of foreign judgments (Textbook, Chapter XXI)
22) The Brussels I bis Regulation on recognition and enforcement of foreign judgments (Textbook, Chapter XXI).
Week 12
23) International Commercial Arbitration: the arbitration agreement (Textbook, Chapter XXII)
24) Recognition and enforcement of arbitral awards (Textbook, Chapter XXII).