3 ECTS credits
90 u studietijd
Aanbieding 1 met studiegidsnummer 6001620FNR voor alle studenten in het 2e semester met een gespecialiseerd master niveau.
Without neglecting the theoretical foundations of private international law, the course deals mainly with practical issues that arise in cross-border civil and commercial disputes. The analysis stresses the development of the practitioner's skills in conflict of law methodologies. Particular attention is given to issues of jurisdiction, new techniques of international litigation such as anti-suit injunctions, worldwide freezing orders and disclosure orders, forum shopping, the doctrine of forum non conveniens. Another part of the course deals with the impact of the internet on the application of traditional conflict rules. Certain issues of cross-border judicial cooperation, such as the service of process and the taking of evidence abroad, are also addressed in the context of international litigation.
The course will only be given in English. An outline is made available to the students together with a detailed reading list. The materials include judgments of national and EC Courts, treaties, EU regulations in the field of private international law, and readings from the writings of certain Common Law and civilian cultures - over the last 25 years.
This course aims at developing critical awareness of major issues in Private International Law. The focus of the course is somewhat different from a traditional course of private international law, in that the issues are not approached from a national point of view but on a comparative basis. The course takes as a starting point the new instruments of private international law which have been adopted by the European institutions, and analyses how they are applied in practice in various Member States with different litigation cultures, taking also into account as a comparison the practice in non-EU legal systems such as the United States (especially to show the influence of constitutional principles on the development of private international law rules).
De beoordeling bestaat uit volgende opdrachtcategorieën:
Examen Schriftelijk bepaalt 100% van het eindcijfer
Binnen de categorie Examen Schriftelijk dient men volgende opdrachten af te werken:
Written examination (without oral re-take).
Examples of prior exam questions
(1) Please provide carefully worded definitions of the following concepts: Worldwide freezing injunction ; Italian torpedo ; Minimum contacts test
(2) On January 1, 2004, a Belgian distributor signs a contract with an Italian company for the distribution on the territory of the Benelux of DVD players. After the distributor has already started to invest a lot of money in the promotion of the products on this market and has begun to sell a few items, the Italian company informs the distributor that it is not satisfied with their relationship and that the contract will be immediately terminated. The Italian company then signs a contract of distribution for its products with another company, based in Luxembourg.
1. You are consulted by the Belgian distributor who wants to know where action(s) can be brought by and against each of the three parties involved in this situation. (7 points)
2. Indicate briefly whether the solutions would be different if the parties were established in different states in the United States and US laws and principles would apply. (3 points)
Deze aanbieding maakt deel uit van de volgende studieplannen:
Master in het internationaal en Europees recht: Standaard traject
Master in International and European Law: Standaard traject (enkel aangeboden in het Engels)