Scientific Disciplinary Sector (SSD)
IUS/13 - INTERNATIONAL LAW
Language of instruction
1° periodo lezioni (1A) dal Sep 15, 2021 al Oct 30, 2021.
The course is aimed at providing an in-depth analysis of arbitration as a dispute settlement mechanism between States (inter-states arbitration), between private parties (commercial arbitration) as well as between States and private parties (investment arbitration). Specific attention will be devoted to the understanding of the advantages and specificities of arbitration, such as its flexibility, its expeditiousness, the confidentiality aspect, freedom to designate the arbitrators and easier circulation of arbitral awards compared to diplomatic processes, international tribunals and decisions rendered by state courts, as the case may be. At the end of the course, students will develop the ability to formulate, in an autonomous and critical way, judgements and elaborated arguments on the main legal questions dealt with in class.
The course is structured into three parts. I Inter-States Arbitration. In this context, through the study of the case of the South China Sea Arbitration between the Philippens and China, the course will deal with the advantages and limits of arbitration vis-à-vis the diplomatic means of dispute settlement and resort to international courts and tribunals. II. International Commercial Arbitration. This part will focus on general issues, including the distinction between administered and ad hoc arbitration, the sources of international arbitration, the arbitration agreement, the arbitral proceeding, the laws applicable to the arbitration, the arbitral award and its recognition and enforcement. III Investment Arbitration. The course concentrates on the standards for protection of foreign investment and the specificities and advantages of arbitration under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) as well as under the EU proposed International Court System (ICS).
The course is taught entirely in English. The teaching method combines lectures, case-studies and group discussion.
This year, the course will benefit from the participation of Prof. Mohamed Sameh Amr, Director of the International Law Department, Faculty of Law, of Cairo University (Egypt) and Member of ICSID Panel of Arbitrators, and Prof. Yannick Radi, Leuven University (Belgium), author of Elgar's Research Handbook on Human Rights and Investment (2018)
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Attending students shall prepare on their notes and the other materials indicated during the course and made available through the e-learning platform. Students who did not attend the course shall prepare on: Dolzer, Schreuer, Principles of International Investment Law, 2 ed., Oxford University Press, 2012, only Chapters I, III and X.
The examination shall be in English for both attending students (modalities to be agreed upon during the course) and non attending students (3 written questions and an oral interview).