INTERNATIONAL TRADE AND PRIVATE INTERNATIONAL LAWModule CONFLICT OF JURISDICTIONS AND CONFLICT OF LAWS
Academic Year 2024/2025 - Teacher: Calogero Alfio PETTINATOExpected Learning Outcomes
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
Highly recommended since it allows to better and faster learn the contents of this subject and the correct methodology to apply such contents to real cases.
Detailed Course Content
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. BORN G. B., International Arbitration – Law and Practice, Alphen aan den Rijin, 2016, pp. 375-415.
Learning Assessment
Learning Assessment Procedures
For students not attending class, the exam will be oral. As for Module 2, for students attending the lecture course it is planned an intermediate exam at the end of the second cycle of lectures in the field of international private and procedural law (in written form, lasting three hours and consisting in the analysis and solution of a simulated case).
Examples of frequently asked questions and / or exercises
The general and special rules on Italian jurisdiction in “transnational” cases.
The grounds for Italian jurisdiction in civil and commercial matters.
Recognition and enforcement of foreign judgments in Italy.
Recognition and enforcement of foreign arbitral awards under the New York Convention of 10 June 1958.
Structure and purpose of choice-of-law rules.
The issue of “characterization”.
The preliminary issues.
The so-called “renvoi”.
Knowledge, interpretation and application of foreign law.
Reference to a non-unified foreign legal system.
Public policy and mandatory rules.
The principle of reciprocity.
The law applicable to legal capacity and capacity to act.
The law applicable to companies and legal entities.
The law applicable to property and intellectual property rights.
The law applicable to contractual obligations.
The law applicable to non-contractual obligations and the current scope of application of the Italian Law no. 218 of 31 May 1995 in this sector.