OBSOLETE PAGE
view the updated version














Course unit
INTERNATIONAL DISPUTE SETTLEMENT
GIP3052038, A.A. 2017/18

Information on the course unit
Degree course 5 years single cycle degree in
LAW (Ord. 2017)
GI0270, Regulation 2017/18, A.Y. 2017/18
1154704
Number of ECTS credits allocated 6.0
Course unit English denomination INTERNATIONAL DISPUTE SETTLEMENT
Department of reference Department of Public, International and Community Law
Mandatory attendance No
Language of instruction English
Campus PADOVA

Lecturers
Teacher in charge CARLO SANTULLI

ECTS: details
Type Scientific-Disciplinary Sector Credits allocated
Educational activities in elective or integrative disciplines IUS/13 International Law 6.0

Mode of delivery (when and how)
Period Second semester
Year 1st Year
Teaching methods frontal

Organisation of didactics
Type of hours Credits Hours of
teaching
Hours Individual
study
Shifts
Lecture 6.0 48 102.0 No turn

Calendar
Start of activities 26/02/2018
End of activities 01/06/2018

Examination board
Board From To Members of the board
6 A.A. 2017/18 sede di Padova 15/05/2018 30/09/2018 SANTULLI CARLO (Presidente)
GATTINI ANDREA (Membro Effettivo)
SARZO MATTEO (Membro Effettivo)
5 A.A. 2017/18 sede di Padova 02/10/2017 30/09/2018 GATTINI ANDREA (Presidente)
CORTESE BERNARDO (Membro Effettivo)
GRAMOLA MARIANGELA (Membro Effettivo)
LEITA FRANCESCO GIOVANNI (Supplente)
SARZO MATTEO (Supplente)

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)
Target skills and knowledge: Full knowledge and understanding of the rules and concepts governing the law and practice of international courts and tribunals (including arbitration)
Examination methods: Oral exam
Assessment criteria: Knowledge and understanding of the law and practice of international courts and tribunals (including arbitration)
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.
Additional notes about suggested reading: R. Mackenzie, C. Romano, Y. Shany & Ph. Sands, The Manual on International Courts and Tribunals, Oxford: Oxford Univ. Press, 2010 (2nd edition).

A. Tanzi, Cases and Materials on International Investment Arbitration, Padova: CEDAM, 2013.

N.B. C. Santulli has published in French a book on international litigation: Droit du contentieux international, Paris, LGDJ-Lextenso, 2015 (2nd edition).
Textbooks (and optional supplementary readings)