Obiettivi formativi
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.
Prerequisiti
None.
Risultati di apprendimento attesi
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.
Contenuti Del Corso
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).
Testi Di Riferimento
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.
Metodologie Didattiche
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 both the mid-term exam and the final exam.
Modalità di verifica dell'apprendimento
Both the mid-terms and final exams will be in written format. The mid-terms will require students to answer 10 multiple-choice questions and compose an essay on a topic from the course material. After receiving their mid-term grades, students will face the final exam, which comprises 10 multiple-choice questions and an essay on a course-related topic. Attending all lectures is highly encouraged, as both exams will be based on discussions and analyses conducted during class sessions.
Criteri per l’assegnazione dell’elaborato finale
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.
Settimana 1
Introduction to International and EU Law
Introductory notions of international law and EU law
Settimana 2
Overview of International and EU Economic Law
Key features of international economic law and EU economic law
Settimana 3
Private International Law and Business Transactions
Overview of private international law
Settimana 4
International Contracts
The EU Rome I Regulation and case studies on the EU Rome I Regulation
Settimana 5
International Business Disputes (I)
The EU Brussels I Regulation and case studies on the EU Brussels I Regulation
Settimana 6
International Business Disputes (II)
International commercial arbitration and enforcement of foreign arbitral awards
Settimana 7
Introduction to International Investment Law
Introductory notions of international investment law and EU investment law and policy
Settimana 8
Overview of International Investment Law
The notion of expropriation in international investment law and case studies on the concept of expropriation in international investment law
Settimana 9
The International Investment Protection Standards
Fair and equitable treatment, non-discrimination and analysis of the most-favored-nation treatment, umbrella clauses and discriminatory measures
Settimana 10
Overview of Investor-State Dispute Settlement (ISDS)
Introduction to investment arbitration proceedings and case studies on ICSID procedure
Settimana 11
EU Law and Investor-State Dispute Settlement
The Intra-EU investment arbitration saga and case studies on the post-Achmea Judgement in EU law
Settimana 12
International and EU Business Standards towards sustainability issues
Comprehension of EU and international investment law in the environmental context and Environmental, Social and Governance (ESG) in international business transactions