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Course 2016-2017 a.y.

50182 - INTERNATIONAL TRADE AND INVESTMENT LAW


CLMG - M - IM - MM - AFC - CLEFIN-FINANCE - CLELI - ACME - DES-ESS - EMIT - GIO
Department of Law

Course taught in English


Go to class group/s: 31

CLMG (6 credits - I sem. - OP  |  12 credits IUS/13) - M (6 credits - I sem. - OP  |  IUS/13) - IM (6 credits - I sem. - OP  |  IUS/13) - MM (6 credits - I sem. - OP  |  IUS/13) - AFC (6 credits - I sem. - OP  |  IUS/13) - CLEFIN-FINANCE (6 credits - I sem. - OP  |  IUS/13) - CLELI (6 credits - I sem. - OP  |  IUS/13) - ACME (6 credits - I sem. - OP  |  IUS/13) - DES-ESS (6 credits - I sem. - OP  |  12 credits IUS/13) - EMIT (6 credits - I sem. - OP  |  IUS/13) - GIO (6 credits - I sem. - OP  |  IUS/13)
Course Director:
GIORGIO GIUSEPPE SACERDOTI

Classes: 31 (I sem.)
Instructors:
Class 31: GIORGIO GIUSEPPE SACERDOTI


Course Objectives
This course deals with the international regulation of trade and investment relationships between countries among themselves and between countries and enterprises in the framework of the globalized world economy.
As to international trade law, the focus is on the law of the World Trade Organization as the main multilateral regulation of trade. This part of the course focuses on the origins of the multilateral commercial system (ITO and GATT 1947), on the WTO institutional framework including the dispute settlement system, on issues raised by the current Doha Development Round and on the main sectorial agreements (on goods, including the GATT disciplines, GATS on services, TRIPS on intellectual property). The main subjects are analyzed through case studies based on the decisions of Panels and the Appellate Body of the WTO.
As to international investment law, the focus is on the international legal regime of promotion and protection of foreign investment mainly found in the substantive rules and dispute settlement provisions of international investment agreements (IIAs), mainly bilateral investment treaties (BITs) and investment chapters of regional trade agreements (RTAs) such as NAFTA, ECT, TTP, CETA and TTIP under negotiation.
The course consists primarily of seminars and group work. Attending students are involved in the study of legal cases, discussion of the issues raised and oral presentation.

Course Content Summary
  • Multilateralism and regionalism in the governance of the world trade.
  • From GATT 1947 to the WTO: the Uruguay Round Results.
  • The WTO institutional framework.
  • The Dispute Settlement System.
  • Basic issues under GATT 1994; non discrimination (NT and MFN treatment).
  • Dumping, Subsidies, Safeguards.
  • Sanitary and Phytosanitary Measures: the precautionary principle.
  • GATS: national regulation and liberalization of services.
  • The WTO and the protection of non-trade interests: exceptions, environment, human rights.
  • The challenge of economic regionalism to the multilateral system.
  • Standards of protection of foreign investments in bilateral and regional treaties.
  • Investment dispute settlement by arbitration.

Detailed Description of Assessment Methods
Final written exam comprising answers to short questions and the drafting of a legal opinion on a hypothetical trade or investment dispute.

Textbooks
  • The WTO Agreements and texts of Panels and Appellate Body Reports (http://www.wto.org/).
  • The ICSID Convention and the texts of international investment awards.
  • P. VAN DEN BOSSCHE, W. ZDOUC, The Law and Policy of the WTO, Cambridge University Press, 2013, 3rd ed., paperback.
  • R. DOLZER, C. SCHREUER, International Investment Law, Oxford University Press, 2012, 2nd ed.
Last change 24/05/2016 09:18