International Trade Law

The course focuses on the legal framework governing transnational commercial transactions between private parties. It addresses key issues arising from potential conflicts between the national legal systems involved in such relationships. In the first module, particular attention will be given to the identification of judicial or arbitral authorities competent to settle disputes arising from international commercial exchanges. The second module will first address the general topic of the so-called "conflict of laws" and the methods for resolving such conflicts. It will then focus on the relevant European, international, and domestic regulations. Final remarks will be devoted to the 1980 Vienna Convention on the International Sale of Goods. Finally, the third module will examine issues related to the integration of sustainability goals (respect for human rights and the environment) into business activities and international contracts. To this end, the international and European legal framework on corporate sustainability and the initiatives on model contract-clauses will be analyzed, as well as the related dispute settlement methods and relevant litigation.
The course will cover the following topics:
· The issue of jurisdiction in international civil and commercial matters;
· Jurisdiction under Regulation (EU) No. 1215/2012 (Brussels I recast);
· Jurisdiction under the Italian national rules of private international law;
· International commercial arbitration: definition, main features, and key legal sources.
· The determination of the applicable law in international civil and commercial matters;
· The "problem" of the applicable law;
· Applicable law under Regulation (EU) No. 593/2008 (Rome I);
· Applicable law under the HCCH soft law instrument "Principles on Choice of Law in International Commercial Contracts";
· Applicable law under domestic law;
· The 1980 Vienna Convention on the International Sale of Goods
· The international legal framework on respect for human rights in business activities (in particular, the Guiding Principles on Business and Human Rights);
· The European legal framework on corporate sustainability (in particular, EU Corporate Sustainability Due Diligence Directive);
· Contracts and sustainability: case studies and model clauses;
· Dispute settlement and litigation.