Educational offer - University of Padova

Syllabus

Prerequisites:	Teaching disabled for the academic year 2018/19
Examination methods:	Teaching disabled for the academic year 2018/19
Course unit contents:	Teaching disabled for the academic year 2018/19 Course contents Academic year 2017/2018 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:	Indications Academic year 2017/2018 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)