50182 - INTERNATIONAL TRADE AND INVESTMENT LAW
Department of Law
LEONARDO BORLINI
Suggested background knowledge
Mission & Content Summary
MISSION
CONTENT SUMMARY
- Multilateralism and regionalism in the governance of 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 and neo-protectionism.
- Standards of protection of foreign investments in bilateral and regional treaties.
- Investment dispute settlement by arbitration.
- From investment to a court system?
Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
- Illustrate the main features of the multilateral and regional systems regulating international trade and investment.
- Explain and describe the main case-law for both disciplines.
APPLYING KNOWLEDGE AND UNDERSTANDING
- Correctly interpret and use international trade law provisions.
- Analyze the main provisions of a bilateral investment treaty.
- Discuss the complex legal and political issues surrounding the WTO and investment treaties.
- Teamwork (through assigned presentations to groups) and communication skills (through case-law simulation).
Teaching methods
- Face-to-face lectures
- Guest speaker's talks (in class or in distance)
- Case studies /Incidents (traditional, online)
- Group assignments
DETAILS
The course hosts guest speakers from foreign universities and international organizations. Students learn from the analysis of key case-studies (e.g. "the Trump trade war") and group assignments (i.e. presentations based on the analysis of WTO Dispute Settlement Body decisions).
Assessment methods
Continuous assessment | Partial exams | General exam | |
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ATTENDING STUDENTS
- For attending students part of the final mark (up to 3 point out of 30) depends on the results of the group assignments and presentations in the class.
- The final written exam consists on:
- Three questions (to be chosen out of four) students answer in one page max each.
- One problem question which is based on the cases presented in class.
NOT ATTENDING STUDENTS
Students have to answer three questions in one page each and to one problem question.
Assessment consists of a general exam involving a choice of open-answer questions of the 'essay-style' variety, involving discursive description, explanation, illustration, analysis, discussion and evaluation of the relevant law, as well as a question of the 'problem-style' variety, involving the application of the law to hypothetical factual situations. Both kinds of question aim at testing students' critical and analytical legal analysis, as well as their understanding of the interactions between international regulation of trade and investment relationships between countries and between countries and enterprises.
Teaching materials
ATTENDING AND NOT ATTENDING STUDENTS
- 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 World Trade Organization, Cambridge University Press, 2017.
- C. SCHREUER, Investments, International Protection, Max Plank Encyclopedia of Public International Law, (available in electronic format at Bocconi library).