International Civil Procedure - Bachelor
Undergraduate course
- ECTS credits
- 10
- Teaching semesters
- Autumn
- Course code
- JUS2319
- Number of semesters
- 1
- Teaching language
- English
- Resources
- Schedule
Course description
Objectives and Content
There is an old saying that being right and being proven to be right at court are two different things. In the end, the value of rights depends on their enforceability - and on their prior determination in legal proceedings by courts and tribunals.
Legal proceedings in international cases raise numerous issues ranging from jurisdiction and procedure in cross-border proceedings to the recognition and enforcement of foreign judgments. Those issues are dealt with by the national law of a country. On the other hand, considerable efforts have been made to unify these rules and to simplify the formalities with a view to a rapid and simple system recognition and enforcement of judgments, both on the international level as well as within Europe. Consequently, national laws have been supplemented, and partly replaced by numerous international instruments which themselves have various legal qualities.
The course deals with the problems raised by cross-border proceedings and the recognition and enforcement of foreign judgments, and with the rules governing these issues. It follows a problem-based and comparative approach. With respect to the rules it will put an emphasis on the Lugano Convention, but also look at relevant EU Regulations and international instruments like Hague Conventions.
Learning Outcomes
By the end of the course, students will be able to:
- understand basic concepts and principles of international civil procedure, of jurisdiction and procedure in cross-border proceedings, and of recognition and enforcement of foreign judgments;
- detect and discuss procedural problems in international cases;
- identify and interpret legal sources of international, European and national law, and to apply them to a set of facts.
- cooperate with law students from other countries, and gain perspectives on common legal challenges from students from a legal background different than their own
- contribute with perspectives from their own country and legal background.
- carry out tasks and works alone or with a group, participate in discussions and present and evaluate legal analyses and points of view in English, both orally and in writing
ECTS Credits
Level of Study
Semester of Instruction
Place of Instruction
Required Previous Knowledge
Recommended Previous Knowledge
Credit Reduction due to Course Overlap
Access to the Course
The course is available for the following students:
- Admitted to the five-year master programme in law
- Exchange students at the Faculty of Law
The pre-requirements may still limit certain students' access to the course.
Teaching and learning methods
Lectures.
A mix of classic and Socratic method will be used. All students are therefore expected to prepare in advance for class and to participate in class discussions.
Compulsory Assignments and Attendance
Compulsory attendance at lectures/seminars.
More specific information about the required attendance for each course will be made available in Mitt UiB.
Mandatory paper of min. 1500, max 1600 words. Students who have failed the paper will be given an opportunity to write a new paper prior to the school exam. The paper will be awarded a pass/no pass. No grade will be given.
Forms of Assessment
Three-hour digital school exam.
Information about digital examination can be found here:
www4.uib.no/en/for-students/exams-and-submissions/types-of-exams-and-hand-ins/in-person-exam
Exam language:
- Question paper: English
- Answer paper: English
Grading Scale
Assessment Semester
Autumn
Students who do not pass the examination may re-sit in the following semester provided that the mandatory assignment and attendance have both been approved and when the examination result is due to
- legitimate reason for non-attendance (see Section 3-4, paragraph 3 b ii in the Supplementary Regulations)
- failed result
For rules regarding voluntary re-sit, see Section 3-4, paragraph 1 c.
Reading List
Course Evaluation
Examination Support Material
Students may bring their own copy of a bilingual dictionary to/from English and any other language, in one or two volumes.
For further info see section 3-9 of the Supplementary Regulations for Studies at the Faculty of Law at the University of Bergen.
In addition: Collection of relevant material supplied by the Faculty of Law.