Course 2009-2010 a.y.

This course deals with the international regulation of trade relationships between nations in the framework of the globalized world economy at the beginning of the second Millennium. The focus in on the law of the World Trade Organization as the main multilateral regulation of trade. The WTO is put in the perspective of the coexistence of a multiplicity of international organisations dealing with different aspects of the world economy in general (the IMF and the World Bank as to monetary and development issues), together with regional organisations not limited to trade (the European Union, OECD, NAFTA, ASEAN, etc).

The course concentrates on the origins of the multilateral commercial system (ITO and GATT 1947), on the WTO institutional framework including the dispute settlement solution 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 subject to Panels and the Appeals Body of the WTO. The role of private players is also examined as well as the importance of international discipline in economic choices, including the relevance of the WTO law in the EU legal system based on the European case law.

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 elaboration of essays in written and oral form.

• Multilateralism, sectorial approach and regionalism in the governance of the world economy
• 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 and MFN treatment
• Dumping, Subsidies, Safeguards
• Sanitary and Phitosanitary 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
• European law and the WTO: what protection for private parties

• The WTO Agreements and texts of Panels and Appellate Body Reports (http://www.wto.org/)
• P. VAN DEN BOSSCHE, The Law and Policy of the WTO, Cambridge Un. Press 2005, paperback.
• J. BAGWATI, In Defence of Globalization, Oxford Press, 2004.

Oral exam