Teaching code

4S009821

Teacher

Eleonora Branca

Coordinator

Eleonora Branca

Credits

6

Language

English

Scientific Disciplinary Sector (SSD)

IUS/13 - INTERNATIONAL LAW

Period

2° periodo lezioni (2B) dal Apr 4, 2025 al May 24, 2025.

Courses Single

Authorized

Lessons timetable Moodle Seminars 0

Learning objectives

The course is included in the learning area on Internationalization of the markets. The course aims to provide students with the legal framework relating to the international trade and investment law in the context of the globalized world economy (World Trade Organization, bilateral investment treaties, and free trade agreements).
At the end of the course, students will be able to identify, outline and explain the basic principles that apply in international trade matters. They will be able also to identify, evaluate and compare standards and investment protection procedures in different countries.
Students will also acquire the ability to face and solve practical problems typical of the professional context in which they will operate, thus orienting their competence to the goal of contractual compliance and to the prevention of the judicial conflicts. Students will also be able to verify the practical and applicative consequences of the theoretical and regulatory framework and to set, in written and oral form (and also through group work, written exercises and the method of Problem Based Solving - PBS), the solution to concrete issues, using the appropriate and specific disciplinary vocabulary, adopting the correct lines of reasoning and argumentation, and formulating autonomous judgments. The teaching method used is functional to the continuous learning and updating of acquired knowledge.

Prerequisites and basic notions

None

Program

The introductory part of the course is designed to provide students with the conceptual tools to understand the legal foundations of the contemporary world economy. It examines international “subjects” (States, international organizations and private actors) and "sources" (customs, treaties and their implementation in national legal orders).
The first part of the course examines the roles of international economic institutions in the global and regional contexts. Particular emphasis is placed on the WTO and will focus on general issues including: Its foundation (Multilateralism, sectorial approach and regionalism in the governance of the world economy; From GATT 1947 to the WTO: the Uruguay Round Results); European law and the WTO: what protection for private parties; The WTO institutional framework; The Dispute Settlement System; Basic issues under GATT 1994; MFN and national treatment; Dumping, Subsidies, Safeguards; The WTO and the protection of non-trade interests: exceptions, environment, human rights and other public policy concerns; The challenge of economic regionalism to the multilateral system; Trade wars and protectionism in the age of coronavirus.
In the second part, the course covers the fundamental principles of international investment law: substantive standards of protection and the settlement of disputes under existing Investo-State Dispute Settlements (ISDS), the new Investment Court System (ICS) and the proposed Investment Multilateral Court (IMC). In this part, the course will benefit from the participation of an international guest lecturer, with expertise in international investment law.

Bibliography

Didactic methods

The teaching method combines lectures with class presentations and class discussion on specific subjects and case studies on the basis of distributed materials posted during the course.

Learning assessment procedures

he examination aims at ascertaining the student's acquired capacity of legal analysis of relevant international treaties and cases. It shall consist of three open questions.
Relevant WTO Agreements and Panels and Appellate Body Reports and other materials will made available on moodle during the course.
As part of their final evaluation, students will be given the opportunity to prepare a class paper based on a case in-class presentation as well as a written essay.

Evaluation criteria

We will evaluate:
- understanding and knowledge of the topics covered in class or examined in the textbook
- ability to elaborate and use the acquired knowledge

Criteria for the composition of the final grade

The final grade will consist of an overall evaluation given in thirtieths of the participation and the papers presented during and at the end of the course or the answers in the case of an oral exam

Exam language

English

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