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International Arbitration (International dispute resolution and compliance mechanisms)

Oggetto:

International Arbitration (International dispute resolution and compliance mechanisms)

Oggetto:

Anno accademico 2020/2021

Codice dell'attività didattica
GIU0633 Global law
Docente
Prof.ssa Lorenza Mola (Titolare del corso)
Corso di studi
Laurea in Global Law and Transnational Studies - a Torino (D.M. 270/2004) [0707L31]
Anno
3° anno
Periodo didattico
Secondo semestre
Tipologia
Affine o integrativo
Crediti/Valenza
6
SSD dell'attività didattica
IUS/13 - diritto internazionale
Modalità di erogazione
Mista
Lingua di insegnamento
Inglese
Modalità di frequenza
Consigliata
Tipologia d'esame
Scritto e/o orale
Prerequisiti
Aver superato l'esame di Diritto internazionale. Having passed the exam of International Law
Propedeutico a
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Sommario insegnamento

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Obiettivi formativi

The course aims at providing students with the analytical tools necessary to understand some of the developments of international law as regards international dispute settlement and compliance mechanisms. The students will advance their knowledge and understanding of complex settings involving public international legal categories such as States' international responsibility, individuals' international subjectivity, the principle of consent, the principle of exhaustion of local remedies, diplomatic protection, coordination among international control mechanisms.

The course aims at developing students' skills to analyse legal sources and case law, to make research in primary and secondary sources, to elaborate and present their findings in legal and non-legal environments, to develop critical thinking, to apply their knowledge in a professional context.

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Risultati dell'apprendimento attesi

On completion of the course, students should demonstrate to have a good knowledge and understanding of the topics of the course, to be able to analyse the complex settings addressed during the course through the relevant categories of international law, to be able to analyse and discuss the ongoing developments.

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Modalità di insegnamento

The teaching blocks will be organised through the integration of different components: video lectures and/or audio and visual presentations addressing the key points, reading and other study materials; assignments with individual or general feedbacks; in presence or virtual room  (Webex) sessions for interaction with students (Q&As, brainstorming, discussion ...). All materials and assignments will be included in a Syllabus regularly implemented and uploaded on Moodle. Students attending the course must study the materials, do the assignments and get involved in the meetings regularly. Meetings will be livestreamed and recorder. It is imperative that students wishing to attend the course enrol in the teaching platform (Moodle) prior to the beginning of the course, to have full access to materials and communications.

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Modalità di verifica dell'apprendimento

For students attending the course: 20% participation, 40% assignments, 40% oral exam.
- Participation will be evaluated on the basis of a regular path of both submission of assignments and of interaction with the lecturer and the class through the interactive forum and meetings.
- Two compulsory assignments will be graded and will concur to the composition of the final grade. They will be marked on the basis of understanding of the relevant issues, structure, legal reasoning, legal terminology.
- The oral exam will be on the whole programme.

For students not attending the course: oral examination.
Knowledge and understanding of the topics will be ascertained with respect to theory, case law and cases.

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Attività di supporto

The teacher may be contacted via email. Office hours will be held on a weekly basis in presence or in virtual meetings (participation to the latters is upon appointment via email).

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Programma

Alongside judicial settlement by courts and tribunals, international dispute settlement relies upon several legal methods as arbitration and other non-judicial mechanisms (treaty bodies, commissions, inspection panels...). Non-State actors are recognized an increasing role (standing) in these international procedures. Against this background, the course explores the means available to the individuals at the international level to claim a State's compliance with its international obligations, specifically addressing investor-State dispute settlement (ISDS) mechanisms. After briefly presenting the main substantial international obligations in the field, the programme will examine some claims commissions and tribunals, international investment arbitration (especially ICSID arbitration), and the recent initiatives aimed at reforming ISDS.

Testi consigliati e bibliografia

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For students attending the course, materials regularly uploaded on Moodle.

For students not attending the course, a collection of materials as will be indicated on Campusnet ("Materiale didattico") before the beginning of the course.



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Note

Prior knowledge of international law (general course) is required. 

All students must enrol in the course.

Students wishing to attend the course must also enrol in the Moodle platform before the beginning of the course to receive communications on the timetable and access the materials.

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Ultimo aggiornamento: 26/02/2021 15:04
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