INTERNATIONAL DISPUTE SETTLEMENT

5 years single cycle degree in LAW (Ord. 2017)

Campus: PADOVA

Language: English

Teaching period: Second Semester

Lecturer: CARLO SANTULLI

Number of ECTS credits allocated: 6


Syllabus
Prerequisites: Students are required to have passed the exam of "Diritto internazionale"

General knowledge of international law (in particular, the law of treaties and responsibility)
Examination methods: Oral exam
Course unit contents: Chapter 1. Definitions : international adjudication

1st lecture. Courts and tribunals v. alternative dispute resolution

2nd lecture. National v. international courts and tribunals

3rd & 4th lectures. The legal status of international courts and tribunals: applicable law and municipal control

Chapter 2. The plurality of international adjudication bodies

5th lecture. International arbitral tribunals

6th lecture. International courts

7th lecture. The relationships between international courts and tribunals

Chapter 3. The jurisdictional basis

8th lecture. General principles: is international litigation based on consent?

9th lecture. “Contractual” and unilateral jurisdiction

10th & 11th lectures. “Arbitration without privity”

12th lecture. The interpretation of the jurisdictional basis and the most favored nation clause

Chapter 4. Jurisdiction (competence)

13th lecture. The concept of jurisdiction

14th & 15th lectures. Jurisdiction ratione materiae

16th lecture. Jurisdiction ratione personae

17th lecture. Jurisdiction ratione temporis

18th lecture. Jurisdiction ratione loci

Chapter 5. Admissibility

19th lecture. The concept of admissibility

20th lecture. General conditions of admissibility (I): the existence of a legal dispute

21st lecture. General conditions of admissibility (II): the application of the law (and locus standi)

22nd lecture. General conditions of admissibility (III): the adjudication (i.e. the possibility to issue a binding decision)

23rd lecture. Special conditions of admissibility (I): form, renunciation, time limits

24th lecture. Special conditions of admissibility (II): the local remedies rule

Chapter 6. The trial (general features)

25th lecture. The parties (personae)

26th lecture. The relief (petitum)

27th lecture. The cause of action (I) (causa petendi)

28th lecture. The cause of action (II) (applicable law)

29th lecture. Additional decisions: interpretation, rectification, revision, reopening

30th lecture. Remedies (I): appeals

31st lecture. Remedies (II): annulment

Chapter 7. The proceedings (selected issues)

32nd lecture. Institution of proceedings

33rd lecture. Provisional measures

34th lecture. Due process: audi alteram partem

35th lecture. Administration of the proceedings

Chapter 8. The decision

36th lecture. Adoption of the decision (impartiality, deliberation, form)

37th lecture. Content of the decision

38th & 39th lecture. Authority (res iudicata and execution)

Chapter 9. Evidence

40th lecture. The burden of proof (onus probandi)

41st & 42nd lecture. Administration of evidence

43rd lecture. Admissibility of evidence

44th to 48th lectures: discussion, latest developments and control.