The course covers the main legal tools of international and EU law in order understand and assess the legal implications of the behaviours of the companies operating on the European and international markets. After analysing the structure of the international society and of the European Union in particular, as well as their legal sources, the course will aim at deepening specific relevant policies, such as competion law, the right of establishment, and providing the main private international law tools which are necessary to deal with international contracts.
At the end of the course the student should be able to know and understand the main functioning mechanisms related to antitrust law, the right o establishment and international contracts; analyse these mechanisms by applying them to practical cases that will be dealt with during the course; develop written communication skills showing a good command of the legal jargon.
The course will cover the following topics:
• the international society and its subjects;
• the sources of international law: general international law, treaties and secondary sources;
• the World Trade Organisation: substantive law and system of dispute resolution;
• the European Union and its institutional framework;
• the EU competences;
• the legal sources of EU law and their application in the national legal systems;
• EU internal market: free movement of good, freedom to provide services and freedom of establishment;
• EU common commercial policy;
• EU competition law: cartels and abuse of dominant position;
• antitrust proceedings before the European Commission and the Italian competition authority;
• international contracts: legal sources of international commercial law
- uniform substantive law and the Vienna Convention on Contracts for the International Sale of Goods;
- EU regulations on judicial cooperation in civil matters with special regard to contractual obligations: Brussels Ia
regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters
and Rome I regulation on the law applicable to contractual obligations.
Classes are taught in English.
As for attending students, the teaching will comprise both lectures focused on the study of the basic notions and legal sources regarding European Union law and practical lectures during which the relevant case law will be discussed.
During the lessons the Professor will avail herself of powerpoint presentations.
The teaching materials used during the course will be provided to the students through the University's moodle platform.
As for non-attending students, the teaching methods will consist in the study of the proposed textbook (also taking into account the more recent legislative updates), to which the teacher can offer its support.
For students who attended the course, the exam will ascertain their preparation on the topics covered during the lectures and can be prepared on the materials distributed in class and on the moodle platform.
Non-attending Students shall prepare the exam on the following textbooks:
- A.O. Krueger, International Trade. What Everyone Needs to Know, 2020, Oxford University Press;
- D. Gerber, Competition Law and Antitrust, 2020, Oxford University Press.
Erasmus students are required to prepare the same course program as the Italian students.
Both for Italian and Erasmus students, the exam will be held in English and will be:
- written for attending students. The written exam will be made of two sections: the first one with 11 multiple choice questions; the second one with 3 open questions. Each part will account for 50% of the final result;
- oral for non-attending students.
The exam is aimed at ascertaining, besides the required preparation, that the student has developed sufficient analytical capacity. In particular, the examination is aimed at assessing:
- the level of the preparation of the student;
- the use of the appropriate legal jargon;
- the ability of connecting the different topics of the programme;
- the analytical capacity.