96361 - Administrative Law and Market Regulation

Learning outcomes

The course aims to provide students with a basic knowledge of key concepts of administrative law (public entity/body, administrative act/action, public contracts) and market regulation tools, taking into account the switch from a pure national model of market regulation to a mixed model of supranational public regulation. At the end of the course students will be able to understand how market regulation affects the public/private relations and how public and private law instruments are used by to achieve policy goals.

Course contents

The course on Administrative Law and Market Regulation is designed to provide students with an in-depth understanding of the legal framework and principles governing global administrative law and market regulation.

It describes the evolution of global administrative law and explains key concepts of administrative law, then focusing on the regulatory environment that influences market operations.

Supranational and International institutions, Supranational and International institutions, with a specific focus on the WTO, will be examined and the relevance of market regulation in the relationship between private and public will be discussed, will be examined and the relevance of market regulation in the relationship between private and public will be discussed

Besides the general aspects, sector-specific aspects of the subject matter will be discussed as well.

List of topics

• public body,
• administrative act/action,
• judicial review of administrative decisions
• Institutional structures focusing on the WTO and regulatory authorities
• Tariffs and customs regulations
• Antidumping, countervailing duties, subsidies
• Products safety regulations and environmental restrictions (SPS and TBT Agreements)
• TRIPS
  
• Labour standards and human rights
• Exceptions art. XX

Readings/Bibliography

Attending students

S. Cassese, Global Administrative Law, Edward Elgar, 2021

P. Van den Bossche, D. Prévost, Essential of WTO Law, II edition, Cambridge University Press, 2021

F. Bignami, Comparative administrative law in The Cambridge Companion to Comparative Law (M. Bussani, U. Mattei), 2012, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2171307

Further readings may be indicated during lectures

 

Non attending students

S. Cassese, Global Administrative Law, Edward Elgar, 2021

P. Van den Bossche, D. Prévost, Essential of WTO Law, II edition, Cambridge University Press, 2021.

F. Bignami, Comparative administrative law in The Cambridge Companion to Comparative Law (M. Bussani, U. Mattei), 2012, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2171307

B. Manning, S. Ravagan, The dispute settlement process of the WTO: a normative structure to achieve utilitarian objectives, in https://scholarship.law.tamu.edu/cgi/viewcontent.cgi?article=1540&context=facscholar

D. C. Esty, Good governance at the supranational scale: Globalizing administrative law, in https://deliverypdf.ssrn.com/delivery.php?ID=344118088088081072097021010013099065020088069085027026127088027120105111117117103073029114036013107061038017013011000070110019036073080049126116087126080013011084033017097064075094101091092007090124010101081112118098103098087070083092111021000092&EXT=pdf&INDEX=TRUE

J.A. Scholte, R. O'Brien, M. Williams, The WTO and civil society in https://www.researchgate.net/publication/23723931_The_WTO_and_civil_society

B. Kingsbury, N. Krisch, R.B. Stewart, The emergence of global administrative law, in https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1361&context=lcp

Teaching methods

Frontal lessons

Cases analysis and solutions

Assessment methods

Team-work assignment and written exam.

ATTENDING STUDENTS

Team work assignment

Attending students are required to complete one final team-based project at the end of the second term. The assignment consists in the analysis of topics related to global trade, with particular reference to an international institution or an international system of law in relation to the current role of the World Trade Organization (WTO).
Student groups will be formed by random allocation and will be required to present and discuss their work in class on the assigned presentation date.

With regard to assessment, limited, explicitly stated, and non-substantial use of AI is permitted for support activities (summarization, rephrasing). Substantial use of AI to complete parts of the exam is not permitted.

Assessment of attending students shall be based on the group project, which includes both a written and an oral component.
All members of the same group shall normally receive the same final mark, subject to adjustments in cases of clearly documented differences in individual participation.

In particular, evaluation shall be based on:
– the submission of a written group paper on a global trade–related topic, to be evaluated by the instructor, to be submitted no later than 10 June; and
– the in-class oral presentation of the group paper.

Evaluation Grid

The group project will be assessed according to the following criteria:
– exhaustiveness and accuracy of the analysis;
– ability to address the assigned topic correctly and coherently;
– clarity and effectiveness of the oral presentation;
– compliance with the allotted time.

The student’s level of preparation will be evaluated as follows:

18–19 Very limited preparation. Paper with a basic treatment of the topics covered. Presentation lacking technical detail.
20–23 Fair preparation. Paper with an acceptable treatment of the topics. Presentation with some technical elements.
24–27 Good preparation. Relevant and well-structured paper. Technical and appropriate presentation.
28–29 Excellent preparation. Comprehensive paper, with precise terminology and the ability to delve deeply into the subject matter. Presentation demonstrating good skill.
30 Outstanding preparation. Paper supported by a thorough knowledge of the subject matter and highly appropriate terminology. Systematic presentation.
30 L Exceptional and outstanding preparation. Paper demonstrating in-depth study, extensive knowledge, and acquired logical reasoning skills. Brilliant and insightful presentation.

NON ATTENDING STUDENTS

1 hr written exam consisting in 4 questions.

With regard to assessment, the use of AI is prohibited. Any use constitutes a violation of academic integrity.

The minimum mark to pass is 18/30

The evaluation will take into consideration:
• knowledge of institutional profiles;
• knowledge of case law;
• connections between different parts of the program;
• debate skill;

• writing ability;

• writing accuracy.

It is not an open book exam. English dictionaries may be used.

Registration

The registration to the exam must be made on-line.

Evaluation Grid

The test assessment grid will be as follows:

18-19 Very limited preparation. Basic response to questions. Exposition not very technical.

• 20-23 Fair preparation. Acceptable response to questions. Exposition with elements of technicality.

  24-27 Good preparation. Relevant answers. Technical and appropriate exposition.

  28-29 Excellent preparation. Complete answers with exact terminology. Exposition of good ability.

  30 Excellent preparation. Answers supported by complete knowledge and with very adequate terminology. Systematic exposition.

  30 L Uncommon and excellent preparation. Very satisfactory answers denoting study, thorough culture and acquired logical ability. Reconstructive and brilliant exposition.

• 
  

Teaching tools

Slides will be provided during the lectures.

The material will
be made available to students on the online platform.
Students with disability or specific learning disabilities (DSA) are required
to make their condition known to find the best possibile accomodation to their needs.

Office hours

See the website of Maria Giulia Roversi Monaco