Disclaimer: Should there be any future extenuating circumstances which may impinge our teaching and assessment, these could necessitate modification of the course descriptions after 1 September. This will only happen in the event of strict necessity and the interests of the students will be taken into account. Should there be a need for any change during the course, this will be informed to all students on a timely basis. Modifications after 1 September 2023 may only be done with the approval and consent of the Faculty Board and Programme Director.
COURSE DESCRIPTION
Where parties do not agree on arbitration, disputes concerning international business transactions may be submitted to state courts for resolution. This raises questions with relation to the competent court, the applicable law and the enforcement of judgments in other states, issues falling within the field of Private International Law (‘PIL’). In principle, Private International Law is primarily part of the national legal system. There are, however, several international institutions, which attempt to codify and modify rules of Private International Law through supranational regimes.
This course focuses on the Private International Law regimes which have been developed by the European Union institutions, in the form of conventions, regulations and case law, and other institutions such as the Hague Conference on Private International Law. The emphasis is on rules of jurisdiction, applicable law regarding contracts and tort, and enforcement of national judgments in other countries. One of the main aims of the course is to thoroughly familiarise the student with Private International Law as a legal science and its main characteristics. Whilst studying the main characteristics of Private International Law, students will be introduced in this course to PIL issues in various fields of law (contracts, torts, etc.), in order to prepare for the specialised courses (of the second semester) in which PIL issues can be explored in a more specific way.
CONTACT
Programme Coordinator LLM (Adv) International Civil and Commercial Law
Office for International Education / Leiden Law School
E: iccl@law.leidenuniv.nl
COURSE COORDINATOR
Prof.mr. Cathalijne van der Plas
c.g.van.der.plas@law.leidenuniv.nl
METHOD OF INSTRUCTION
Interactive lectures (combined with online components if necessary).
EXAMINATION
Written exam (100%)
The retake of the written exam may be (partially) an oral exam. It will be up to the discretion of the examiner to decide on the form of the retake.
COURSE REQUIREMENTS
Full degree in law granting access to the legal profession (or equivalent).