Legal Studies

This course offers an introduction to corporate law and to the legal and non-legal governance mechanisms which encourage directors to act in their company's and not in their own interests. The course sets corporate law and governance within its economic and business context, with particular regard to how corporate law and governance mechanisms facilitate or inhibit economic activity. The course adopts an explicitly comparative approach drawing on both UK, US, and continental European law.

This course analyzes the incentives created by laws and legal institutions, as well as their implications for economic activity in a globalized world.

The course examines arbitration procedure laws and rules of international commercial dispute resolution. Topics include characteristics and nature of commercial arbitration; international commercial arbitration agreement and its validity; the composition of the arbitral tribunal and the jurisdiction of the arbitral tribunal; the main procedural matters of international commercial arbitration; the cancellation system of international commercial arbitration awards ; Recognition and Enforcement of International Commercial Arbitration Awards; Practice, Legislative Regulations and Improvement of International Commercial Arbitration in China.

This course is part of the Laurea Magistrale program. The course is intended for advanced level students only. Enrollment is by consent of the instructor. Globalization has led to a broad transfer of policy making authority from the domestic to the global sphere. This power shift has facilitated review by global authorities of domestic decisions, but it has also shielded many global policy making processes from domestic monitoring and reviewing mechanisms. The course examines the roles of domestic courts and institutions, global tribunals and arbitration panels, global monitoring bodies and other global organizations, private organizations and NGOs in responding to the accountability gaps and opportunities created by globalization. Topics include: presentation and discussion of the different theories on the opposite trends described as internationalization of Constitutional law and “constitutionalization” of International Law; presentation and discussion of four national Constitutional law categories which have changed due to the globalization of political and judicial decisions: popular sovereignty; rule of law; the role of the Parliament; the role of the Constitutional court.