Course 2024-2025 a.y.

50260 - DISPUTE RESOLUTION IN A GLOBALIZED WORLD

Department of Law

Course taught in English

Go to class group/s: 31

Course Director:
LEONARDO BORLINI

Classes: 31 (II sem.)

Instructors:
Class 31: LEONARDO BORLINI

Suggested background knowledge

It is recommended that students have already taken exams in constitutional and international law.

Mission & Content Summary

MISSION

With globalization, modern business enterprises frequently operate or conduct business activities that are subject to the jurisdiction of courts in multiple legal systems around the world. At the same time, the increasing regulation of relations between states and between states and private entities increases the risk of disputes among these actors. Lawyers must be able to advise clients prospectively to manage the potential risks of being summoned to multiple jurisdictions and, when disputes do arise, represent clients in complex multi-jurisdictional, multicultural proceedings and before international courts.

CONTENT SUMMARY

This course provides students with the theoretical framework they need to master cross-border aspects of international disputes and the technical and practical tools they need to plan for, manage, and resolve them. Moreover, this course is particularly concerned with concerned with the peaceful settlement of international disputes, including inter-State disputes, and disputes between States and individuals or corporations. Students will gain knowledge of relevant national laws and procedures, the private international law, treaties, and norms that may be implicated in cross-border and international disputes.

Topics covered will include:

Fundamentals of dispute resolution in international and comparative perspective

International negotiation and mediation

International litigation: prescriptive jurisdiction, adjudicative jurisdiction & enforcement jurisdiction

International arbitration: legal frameworks and the interplay of applicable treaties, laws and rules

Arbitration agreements: effect and enforceability

International arbitration and adjudication

Investment arbitration

Settlement of trade disputes

The UN, regional organizations and the settlement of international dispute

Intended Learning Outcomes (ILO)

KNOWLEDGE AND UNDERSTANDING

At the end of the course student will be able to...

Explain to clients the advantages and disadvantages of various forms of international dispute resolution
Select appropriate fora and dispute resolution mechanisms for clients
Identify the treaties, laws, and rules that apply in international disputes
Understand and describe the key features of various dispute settlement mechanisms
Critically explain and analyze the relative strengths and weaknesses of dispute settlement mechanisms
Evaluate how dispute settlement mechanisms apply in real-world situations where States face legal, political and other types of constraints

APPLYING KNOWLEDGE AND UNDERSTANDING

At the end of the course student will be able to...

Use (national, European) legal materials to identify the legal status of non-citizens.
Solve conflicts of laws concerning the legal status of non-citizens.
Identify the instruments for protecting non-citizens’ rights in a multilevel legal order.
Assess the most appropriate strategies in their respective fields of activity to address the complexity of the issues raised by non-citizens status.
Use international legal materials to advise clients (states, individuals or corporations) involved in international disputes
Apply their understanding of the relative effectiveness of each dispute settlement mechanism in hypothetical scenarios
Create and develop arguments on why certain dispute settlement mechanisms are preferable to others in hypothetical scenarios

Teaching methods

Lectures
Guest speaker's talks (in class or in distance)
Interaction/Gamification

DETAILS

Students are provided with case studies to analyze and discuss. Live and online engagement with both 'problem-style' (i.e. practical) and 'essay-style' (i.e. reflective) questions.

Assessment methods

	Continuous assessment	Partial exams	General exam
Written individual exam (traditional/online)		x	x
Active class participation (virtual, attendance)	x

ATTENDING STUDENTS

Class participation in discussions will constitute 10% of the final grade.

The partial and final exams will constitute 90% of the grade. For both partial and general exams, assessment consists of a choice of open-answer questions of the 'essay-style variety, involving discursive description, explanation, illustration, analysis, discussion and evaluation of the relevant law. The essay style questions aim at testing students' critical and analytical legal analysis, as well as their understanding of the settlement of cross-border and international disputes.

Additional details about the exam and sample exam questions will be distributed in class. 

NOT ATTENDING STUDENTS

The written exam/s will constitute 100% of the grade. For both partial and general exams, assessment consists of a choice of open-answer questions involving discursive description, explanation, illustration, analysis, discussion and evaluation of the relevant law. These essay style questions aim at testing students' critical and analytical legal analysis, as well as their understanding of the settlement of cross-border and international disputes.

Additional details about the exam and sample exam questions will be distributed in class. 

Teaching materials

ATTENDING AND NOT ATTENDING STUDENTS

REQUIRED MATERIALS

Cases, materials and articles discussed (to be posted on BBoard)