Study Programmes 2016-2017
DROI2353-1  
Private International Law
Duration :
30h Th
Number of credits :
Master in law, professional focus in management3
Master in law (120 ECTS)6
Extra courses intended for exchange students (Erasmus, ...)6
Master in management, professional focus in law3
Lecturer :
Patrick Wautelet
Language(s) of instruction :
English language
Organisation and examination :
Teaching in the first semester, review in January
Units courses prerequisite and corequisite :
Prerequisite or corequisite units are presented within each program
Learning unit contents :
This course offers an introduction to the law of private international relations. It will mainly focus on cross-border commercial operations. This course will consider the following problems:
  • Which court or legal authority has the power to decide the dispute ('jurisdiction')?
  • What law will likely be applied to resolve the dispute (choice of law issues in contract, tort, and other matters)?
  • When will courts and other authorities recognize legislative or judicial determinations made outside Belgium?
  • When will courts provide assistance to foreign legal proceedings?
The course will mainly focus on rules applicable within the EU, with limited attention to other developments (such as the rules adopted by national legislators to deal with private international law issues)
Learning outcomes of the learning unit :
By the end of this course, students will be able to:
- identify the relevant issues arising in a cross-border relationship;
- outline the various steps to be taken in providing an answer to the issues arising in the framework of a  cross-border relationship;
- evaluate the strength and weakness of arguments made in the course of legal proceedings relating to cross-border issues;
- identify the contractual mechanisms which could be used to prevent cross-border difficulties from arising;
- formulate a basic strategy in corss-border litigation.
Prerequisite knowledge and skills :
A good knowlegde of any national private law and a good knowledge of the English language. Students whose command of the English language is insufficient should talk to the instructor before registering. This course requires prior training in law and may not be suitable for students in other fields (economics, politics, etc.). Students without any previous training in law should talk to the instructor before registering.
Planned learning activities and teaching methods :
The course will be taught in lecture style. Students wil also be given short assignments from time to time. Specific attention will be devoted to discussion of cases decided by national or international courts, in order to illlustrate the rules studied. Students are expected to read assigned cases in order to participate in class discussions.
Mode of delivery (face-to-face ; distance-learning) :
There will mainly be lectures by the instructor, with emphasis on the concepts and key questions. During the lectures, practical cases will be dealt with to illustrate the rules studied. Questions will be fielded to the students and active participation is warmly encouraged. Students will also be asked to solve short assignments at regular intervals. Failure to solve those assignments may result in the inadmissibility to take part in the final examination.
Recommended or required readings :
The instructor will make available a detailed handout and a set of learning materials for each session. Additional readings are recommended but not mandatory.
Among other books, students looking for background reading may wish to read Geert van Calster's Private International Law (Hart publishing, 2nd ed., 2016, www.bloomsbury.com/au/european-private-international-law-9781849466721/).  Another good textbook is the Concise introduction to EU private international law (3rd edition), written by Michael Bogdan (www.europalawpublishing.com/EN/webshop/forthcoming/0/1/99777). Students may also want to have a look at Peter Stone's EU Private International Law (2nd edition) published by Edward Elgar (https://www.e-elgar.com/shop/eu-private-international-law?___website=uk_warehouse).  
Assessment methods and criteria :
The evaluation method differs depending on the number of credits students may earn for this course:
All students are required to write an exam : the written examination will be conducted in English. It will take place during the regular exam period. Students will be given one or several cases to solve. The aim of the examination is to evaluate whether the student has mastered the reasoning underlying the main rules of private international law, rather than merely memorized the rules. Examples of written examinations used during previous years will be made available. Students may use all materials and information they wish during the exam : relevant statutory materials; course notes, textbooks etc.
Students who may earn 6 credits for this course (mainly students attending the regular master in laws as well as incoming Erasmus+ students) are required to participate in a moot court which is specifically organized for this course. The moot problem and the agenda will be made available during the first meeting for this course. Students are required to work towards completing the moot court during the course. For practical reasons, the final session of the moot will take place before the actual examination period (in 2016 : during the week of December 19-23).
Other students (who may earn 3 credits thanks to this course, i.e. mainly students registered for the joint diploma Law-Management) may also participate in the moot court on a voluntary basis. This will not, however, allow them to earn extra credits.
Students who may earn 6 credits for this course will receive one final grade. The grade will be determined taking into account both the writte exam (50%) and the moot court (50 %). Participation in the moot court will be evaluated taking into acount the skeleton argument (40%) and the actual moot performance (60 %).
Work placement(s) :
Organizational remarks :
Students attending the regular law degree offered by the law school and students attending the joint law and business master degree (http://www.droit.ulg.ac.be/cms/c_280088/master-en-droit-et-gestion) may register for this course without prior authorization. Registration of students attending other programs (including Erasmus and Socrates programs) may be considered, upon discretion of the lecturer. An interview with the lecturer may be required if necessary.
Contacts :
Questions and observations may be sent to patrick.wautelet@ulg.ac.be or may be asked after each class meeting.
Items online :
voy. la version anglaise
voy. la version anglaise