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Course unit
INTERNATIONAL DISPUTE SETTLEMENT
GIP3052038, A.A. 2018/19
Information concerning the students who enrolled in A.Y. 2017/18
Lecturers
No lecturer assigned to this course unit
ECTS: details
Type |
Scientific-Disciplinary Sector |
Credits allocated |
Educational activities in elective or integrative disciplines |
IUS/13 |
International Law |
6.0 |
Course unit organization
Period |
Second semester |
Year |
2nd Year |
Teaching method |
frontal |
Type of hours |
Credits |
Teaching hours |
Hours of Individual study |
Shifts |
Lecture |
6.0 |
48 |
102.0 |
No turn |
Start of activities |
25/02/2019 |
End of activities |
07/06/2019 |
Examination board
Board |
From |
To |
Members of the board |
7 A.A. 2018/19 sede di Padova |
11/10/2018 |
30/09/2019 |
GATTINI
ANDREA
(Presidente)
CORTESE
BERNARDO
(Membro Effettivo)
GRAMOLA
MARIANGELA
(Membro Effettivo)
SARZO
MATTEO
(Supplente)
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Prerequisites:
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Teaching disabled for the academic year 2018/19 |
Examination methods:
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Teaching disabled for the academic year 2018/19 |
Course unit contents:
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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:
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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) |
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