GRAND CHALLENGE (MODULE I)
Obiettivi formativi
The course aims to provide students with a comprehensive introduction to international dispute resolution and the principal mechanisms available for the settlement of transnational disputes involving States, international organizations, private entities and individuals.
Risultati di apprendimento attesi
By the end of the course, students will be able to understand the principal mechanisms of international dispute resolution and the strategic considerations involved in selecting and pursuing claims before international courts, arbitral tribunals and domestic courts. Students will develop the ability to analyze jurisdictional, substantive and procedural issues arising in transnational disputes involving States, international organizations and private actors, and to apply these concepts in practical case studies and simulation exercises.
Contenuti Del Corso
Topics covered include inter-State disputes, international commercial arbitration, investor-State dispute settlement, strategic litigation before domestic courts and human rights litigation. Through case studies and simulation exercises, students will develop practical skills in forum selection, jurisdictional analysis, procedural strategy and dispute-resolution planning in complex cross-border disputes.
Testi Di Riferimento
There is no textbook for this course. Students will be required to follow the reading list and materials regularly provided by the professors.
Metodologie Didattiche
The course combines theoretical and practical perspectives on international and comparative procedure, with particular attention to strategic considerations involved in the initiation and conduct of proceedings before judicial, arbitral and quasi-judicial bodies. Active participation is encouraged during theoretical classes, while practical sessions will involve student presentations and simulation exercises.
Modalità di verifica dell'apprendimento
Written test
Settimana 1
Introduction: actors, fora and strategies in international dispute resolution
Introduction to the structure, objectives and methodology of the course. Overview of the different categories of international and transnational disputes and the strategic considerations underlying the initiation of claims.
The lecture will introduce: (i) the principal actors involved in international disputes (States, international organizations, multinational corporations, individuals); (ii) the distinction between public and private international disputes; and (iii) the principal fora available for dispute resolution.
Settimana 2
Focus on: disputes involving States and/or International Organizations. Consent to jurisdiction, diplomatic protection, international responsibility, questions of immunity and accountability.
Settimana 3
Focus on international commercial arbitration: institutions, rules, procedure, practice.
Settimana 4
Differences between commercial arbitration and domestic litigation. Strategic litigation before national courts: domestic and cross-border disputes, forum shopping.
Settimana 5
Inter-State dispute resolution: practical activity.
Settimana 6
International commercial arbitration: practical activity.
Settimana 7
Focus on international investment law and investor-State dispute settlement (ISDS). Distinction between commercial and investment arbitration.
Settimana 8
Critical perspectives on investor-State dispute settlement and current reform initiatives. Discussion of recent trends in ISDS
Settimana 9
Human rights disputes, climate litigation. Focus on the European Convention on Human Rights (ECHR) and the European Court of Human Rights (ECtHR).
Settimana 10
Investment arbitration: practical activity.
Settimana 11
Applications and Rule 39 interim remedies before the ECtHR.
Activity: simulation of the filing of an application and a Rule 39 request for interim order before the European Court of Human Rights.
Settimana 12
Capstone exercise integrating the themes of the course.