Scientific Disciplinary Sector (SSD)
IUS/13 - INTERNATIONAL LAW
1° periodo lezioni (1A) dal Sep 16, 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 lessons, in compliance with the University guidelines, will be held in the presence AND in direct streaming via the Zoom link provided on the course's moodle page. The recording of each lesson will also be available on the course's moodle page.
The course is taught entirely in English. The teaching method combines lectures, case-studies and group discussion.
Visualizza la bibliografia con Leganto, strumento che il Sistema Bibliotecario mette a disposizione per recuperare i testi in programma d'esame in modo semplice e innovativo.
The examination aims at ascertaining the student's acquired capacity of legal analysis of relevant international treaties and cases.
ATTENDING STUDENTS shall prepare on their notes and the materials indicated during the course and made available on the moodle platform. As part of their final evaluation, they will be given the opportunity to prepare a class paper based on a case in-class presentation and/or a written essay.
STUDENTS WHO DO NOT ATTEND THE COURSE shall prepare on Rudolf Dolzer and Christoph Schreuer, Principles of international investment law, 2 ed., Oxford/Oxford University Press 2012 - Only Chapters I, III and X
The examination shall be in English for attending students (modalities to be agreed upon during the course). It shall be in Italian for non attending students (oral interview).