INTERNATIONAL TRADE AND PRIVATE INTERNATIONAL LAWModule CONFLICT OF JURISDICTIONS AND CONFLICT OF LAWS
Academic Year 2022/2023 - Teacher: Calogero Alfio PETTINATOExpected Learning Outcomes
This course aims at providing students with an adequate knowledge of the material and procedural principles and rules of international law on trade and investments as well as of private and procedural international law, with particular reference to the relevant legal categories and relationships for internationalization of firms.
Course Structure
Academic teaching with a
progressive interaction with students, also based upon a case-law analysis (and
analysis of some simulated cases) and group work.
Required Prerequisites
Knowledge of the fundamental notions of international law,
particularly of law of treaties, and private law.
Attendance of Lessons
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Detailed Course Content
The basic problems underlying conflict of
jurisdictions and conflict of laws. Sources of Procedural and Private
International Law. Conflict of jurisdictions: the Italian jurisdiction in “transnational”
cases, recognition and enforcement of foreign judgments (Italian Law no. 218 of
31 May 1995; EU Regulation no. 1215/2012); international commercial arbitration
(New York Convention of 10 June 1958 on the Recognition and Enforcement of
Foreign Arbitral Awards). Conflict of Laws – General Issues: structure and
purpose of choice-of-law rules; characterization; preliminary issues; renvoi;
knowledge, interpretation and application of foreign law; non-unified foreign
legal systems; public policy and mandatory rules; the principle of reciprocity.
The law applicable to legal capacity
and capacity to act, companies and legal entities. The law applicable to property and intellectual property rights. The
EU uniform rules on the law applicable to contractual obligations and non-contractual
obligations (EC Regulation no. 593/2008 and EC Regulation no. 864/2007). The residual applicability of the Italian Law no. 218 of 31 May 1995.
Textbook Information
1. MENGOZZI P., Private International Law - Italy, in International Encyclopaedia of Laws, The Hague, 2005, pp. 33-115,
168-173;
2. BRIGGS A., The Conflict of Laws, 4th ed., Oxford, 2019, pp. 43-97,
126-168, 195-277;
3. STELÉ D., CERINA P., The
New Italian Conflict-of-Laws: The Law N° 218 of May 31, 1995, in International Business Law Journal, 1996,
1, pp. 11-27;
4. BANTEKAS I., An Introduction to International
Arbitration, Cambridge, 2015, pp. 218-251.
Learning Assessment
Learning Assessment Procedures
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VERSIONE IN ITALIANO