- Docente: Elisa Baroncini
- Credits: 6
- SSD: IUS/13
- Language: English
- Teaching Mode: Traditional lectures
- Campus: Bologna
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Corso:
Second cycle degree programme (LM) in
Legal Studies (cod. 9062)
Also valid for Single cycle degree programme (LMCU) in Law (cod. 0659)
Learning outcomes
The course is aimed at providing the students with the basic knowledge of the multiateral trade system (the WTO system) and international investment law. The course is aimed at conferring the students the ability to recognize the interests underlying those rules and legal instruments to enforce them, especially through the dynamics of argumentation emerging from international litigation. Course contents Overview of the WTO System The dispute settlement mechanism of the WTO The most favoured nation clause The national treatment principle GATT Article XX: trade & non-trade values The WTO TBT Agreement The precautionary principle and the SPS Agreement The New Government Procurement Agreement Tha General Agreement on Trade in Services (GATS) The Trade-Related Intellectueal Property Rights Agreement (TRIPs) China in the WTO DSM: The cases concerning natural resources WTO & Climate Change WTO & Energy The New generation of EU Free Trade Agreements: from Singapore to Canada, from Korea to the United States Transparency & International Economic Law Concept of investment and investors Principles of non discrimination and of fair and equitable treatment Direct & indirect expropriation Interpretation and Application of Investment Treaties Investment dispute settlement mechanisms Transparency in investment arbitration proceedings Investment & sustainability issues: protection of foreign investment & environmental and human rights protection
Course contents
Overview of the WTO System
The dispute settlement mechanism of the WTO
The crisis of the WTO Appellate Body
The most favoured nation clause
The national treatment principle
GATT Article XX: trade & non-trade values
GATT Article XXI: national security
The WTO TBT Agreement
The precautionary principle and the SPS Agreement
The New Government Procurement Agreement
Tha General Agreement on Trade in Services (GATS)
The Trade-Related Intellectueal Property Rights Agreement (TRIPs)
China in the WTO
Reforming the WTO
The New generation of EU Free Trade Agreements: from Singapore to Canada, from Korea to the United States
The EU / UKraine and the EU / South Korea panel reports
The EU / China Comprehensive Agreement on Investments
Transparency & International Economic Law
Concept of investment and investors
Principles of non discrimination and of fair and equitable treatment
Direct & indirect expropriation
Interpretation and Application of Investment Treaties
Investment dispute settlement mechanisms: from ISDS to the project for a Multilateral Investment Court
Transparency in investment arbitration proceedings
Investment & sustainability issues: protection of foreign investment & environmental and human rights protection
Readings/Bibliography
For students attending the lectures the programm will be developed during the course, an the materials will be provided during the lectures.
For students not attending the lectures:
Peter Van den Bossche, Denise Prévost, Essentials of WTO Law, Cambridge University Press, Cambridge, 2016 (or, once available, the new edition announced for 2021)
M. Sornarajah, The International Law on Foreign Investment, Cambridge University Press, 2020
Teaching methods
Lectures
For students who did not previously attend a course of International Law, we advise the following reading: Jan Klabbers, International Law, Cambridge University Press, 2020.
Assessment methods
oral exam
Teaching tools
materials indicated during the lectures, power point presentations, videos
Office hours
See the website of Elisa Baroncini