International Trade Law
Scientific Disciplinary Sector (SSD)
IUS/13 - INTERNATIONAL LAW
1° periodo di lezioni dal Oct 3, 2016 al Dec 16, 2016.
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 is on the law of the World Trade Organization (WTO) as the main multilateral regulation of trade. 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 and in the United Kingdom after Brexit. Also examined is the treatment of investment under EU legislation and international treaties binding Italy.
The course will focus on general issues including: 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; 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; Treatment of investment.
The course is taught in English and will benefit from the participation of international experts in the relevant fields. The teaching method combines lectures, case-studies and group discussion.
Attending students shall prepare on their notes, the WTO Agreements, Panels and Appellate Body Reports and the other materials indicated during the course and made available on the e-learning platform. S. LESTER, B. MERCURIO, A. DAVIES, World Trade Law. Text, Materials and Commentary, 2nd ed., Hart Publishing, 2012 may be used as a reference text.
Students who did not attend the course shall prepare on: G. Venturini (ed.), L'organizzazione mondiale del commercio, 3 ed., Giuffré, 2015, pp. 3-126 and 275-330.
|Venturini (a cura di)
||L'Organizzazione mondiale del commercio
||pp. 3-126 e 275-330.
The examination shall be in English for attending students (modalities to be agreed upon during the course). It shall be in Italian for non attending students (3 written questions and an oral interview).