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Course 2021-2022 a.y.

50182 - INTERNATIONAL TRADE AND INVESTMENT LAW

Department of Law

Course taught in English


Go to class group/s: 31

CLMG (6 credits - I sem. - OP  |  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) - CLELI (6 credits - I sem. - OP  |  IUS/13) - ACME (6 credits - I sem. - OP  |  IUS/13) - DES-ESS (6 credits - I sem. - OP  |  IUS/13) - EMIT (6 credits - I sem. - OP  |  IUS/13) - GIO (6 credits - I sem. - OP  |  IUS/13) - DSBA (6 credits - I sem. - OP  |  IUS/13) - PPA (6 credits - I sem. - OP  |  IUS/13) - FIN (6 credits - I sem. - OP  |  IUS/13)
Course Director:
LEONARDO BORLINI

Classes: 31 (I sem.)
Instructors:
Class 31: LEONARDO BORLINI


Suggested background knowledge

Public international law.


Mission & Content Summary
MISSION

This course deals with the international regulation of trade and investment relationships between countries 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 general multilateral regulation of trade. This part of the course focuses on the origins of the multilateral commercial system (GATT 1947), the WTO institutional framework, including the dispute settlement system, and 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. The regulation of trade in regional agreements (Free Trade Areas) and its relationship with the global system are also analyzed, focusing on current issues such as de-globalization and neo-protectionism. As to international investment law, the focus is on the international legal regime of promotion and protection of foreign investment established by 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, CETA. The course consists primarily of seminars and group work. Attending students are involved in the study of legal cases and group presentations.

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
At the end of the course student will be able to...
  • Understand global governance of trade and investment.
  • Master the WTO core rules of non-discrimination and market access, as well as their main exceptions.
  • Illustrate the main features of the multilateral and regional systems regulating international trade and investment.
  • Understand the main standards of protection of international investments
  • Explain and describe the main case law for both disciplines.
APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • 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 and group assignments (i.e. presentations based on the analysis of WTO Dispute Settlement Body decisions).


Assessment methods
  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
  • x    
  • Group assignment (report, exercise, presentation, project work etc.)
  • x    
    ATTENDING STUDENTS
    • For attending students part of the final mark (up to 3 points 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.

    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 questions aim to test students' critical and analytical legal analysis and their understanding of the interactions between international regulation of trade and investment relationships between countries and between countries and enterprises.

    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 questions aim to test students' critical and analytical legal analysis and 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).
    • C. Schreuer, ‘Arbitration, International Centre for Settlement of Investment Disputes (ICSID)’ Max Plank Encyclopedia of Public International Law (available in electronic format at Bocconi library).
    Last change 25/08/2021 15:57