INTERNATIONAL TRADE LAW AND FOREIGN INVESTMENTS

Single discipline educational activity

Course Sheet

Course code:

000385L

Academic Year of enrolment:

2019

Year of supply:

2019/2020

Type of Course:

Characterising

Degree:

Course of 2nd Cycle Degree in LEGAL SCIENCES FOR INTERNATIONALISATION AND BUSINESS INNOVATION

Disciplinary Sector:

International Law

Location:

PESCARA

Credits:

Programme Year:

Professor and Collaborators:

PUOTI Paola

Cycle:

First semester

Hours of classroom activity:

Individual study hours:

204

Prerequisites:

Prerequisites:
Knowledge of international law is highly recommended.

Objectives

Learning Objectives:
The course aims at the general objective of providing the fundamental notions of international economic law, knowledge of the world system of trade liberalization under GATT/WTO and of the international discipline on foreign investment, as well as knowledge of the tools offered by the Italian legal system for the internationalization of enterprises.

Expected learning outcomes:
The first section of the course will allow the student to acquire the theoretical knowledge necessary to understand the functioning of the international economic order and the action of multilateral economic and financial institutions. The second section will provide an insight into the international trading system and its essential dynamics. In addition, the student will be able to apply the theoretical knowledge acquired, formulate professional advices, resolve concrete cases relating to international trade disputes using the appropriate legal instruments. The teaching of the third section will allow the student to understand the discipline of foreign direct private investment, that of international bodies active in the field of foreign investment and of control bodies. In addition, the student will be able to apply the theoretical knowledge acquired and to offer professional advice on opportunities, practicability, protection and treatment of foreign investments.
The training of the course of study in "Scienze per l'internazionalizzazione e l'innovazione delle imprese" will therefore be completed, for the aspect related to internationalization, by the following skills:

Knowledge and understanding:
Student must prove to:
- know the main actors and the dynamics of the international economic order
- be familiar with the activities of multilateral economic institutions
- be able to apply the fundamental principles of the international system of trade liberalisation and the system of derogations and exceptions
- be familiar with the main international institutions and organisations active in the field of foreign investment
- understand the basic standards of investment protection and treatment and know how to apply the principles and instruments relating to foreign investment
- know the Italian production system and the internationalization process and know how to apply the internationalization tools.

Making Judgments:
- Student must show the ability to relate international, European and national rules on trade liberalisation and understanding interactions with other rules of international law concerning non-economic values;
- be able to interconnect international investment rules with other general international law and treaty rules relating to non-economic values.

Communication skills:
- Drafting dossiers and reporting on specific trade and foreign investment cases
- resolving concrete problems relating to the application of international trade rules and the system of derogations and exceptions
- addressing problems of concrete realization of foreign investments
- advise on international and internal instruments to foster the internationalisation of enterprises

Contents

Contents:
The course of 12 credits, divided into three sections, is aimed at the theoretical study and analysis of practical cases concerning international economic law and the two fields of the latter: international trade law and regulation of foreign investments. The first section (2 ECTS) covers the basic theoretical notions of international economic law, such as subjects, sources, the institutionalisation of the international economic order and multilateral economic institutions. The second section (6 ECTS) deals with the evolution of international trade discipline from GATT '47 to the current conventional system of the World Trade Organisation (WTO). In this section the course will focus on the main agreements within the WTO framework; the fundamental principles of international trade and the system of derogations and exceptions; the relationship between the GATT/WTO system and general international law and agreements on the protection of non-economic interests (non-trade concerns) such as the environment and human rights; the interaction with regional systems of trade liberalisation, with a specific focus on the European Union's system of free movement of goods; the system of trade dispute resolution entrusted to the Dispute Settlement Body (DSB) and the Appellate Body (AB); adaptation of international trade law in the European Union and Italian legal systems. The third section (4 CFU) deals with the evolution of the discipline on foreign direct private investment; the conventional and soft law instruments applicable; the role of multinational enterprises and the problems related to their alleged international subjectivity and their accountability, including corporate social responsibility in the light of the principle of sustainable development; the action of international bodies active in the field of foreign investment such as MIGA and ICSID. Particular attention will also be paid to the process of internationalization of Italian enterprises (competent institutions and economic, legal and financial instruments of implementation).

Extended Syllabus

Extended content:
Section I (2 ECTS):
- Sources of international economic law
- Subjects: States, international organisations, non-governmental organisations and other bodies
- Multinational companies
- Economic summits
- The international economic order
- The fundamental principles
- The issue of the external debt of developing countries
- Multilateral economic institutions: IMF, World Bank Group, ICSID and MIGA
- The World Bank's Inspection Panel
- The OECD
- Bank for International Settlements
- The European Investment Bank
- Regional Development Banks

Section II (6 ECTS):
- The GATT/WTO system: origins and evolution
- The fundamental principles of GATT '47
- The adaptation of the GATT '47 in the national legal systems
- The World Trade Organisation
- The institutional structure of the WTO
- Accession of the European Union to the WTO
- General principles of international trade
- The importance of non-trade values: human rights
- Trade liberalisation and environmental protection
- The dispute settlement mechanism
- Adaptation of the EU legal order and the Member States to the GATT/WTO system

Section III (4 ECTS):
- Foreign private investment
- The notion of investment
- Bilateral agreements on investment promotion and protection
- The European Union's exclusive competence in foreign investment matters
- The World Bank Guidelines
- Protection of human rights and international corporate responsibility
- The standards of conduct for MNEs developed by the UN
- The standards of conduct developed by the ILO
- Internationalisation of the Italian manufacturing system
- Support for the internationalisation of companies – ICE Agency
- The SACE Group
- The Italian society for foreign joint ventures (SIMEST)

Recommended Bibliography

Bibliography/Readings:
Suggested Textbooks:
- M. R. Mauro, Diritto internazionale dell'economia. Teoria e prassi delle relazioni economiche internazionali, Napoli, 2019, E.S.I.
- A. Arena, J. Martire, R. Nocerino, A. Torino, Il codice dell'Organizzazione Mondiale del Commercio, Napoli, 2008, Editoriale Scientifica

Additional teaching material and documents will be uploaded on the e-learning platform.

Methods of Provision

Conventional

Teaching Methods

Teaching methods:
The course is structured in a theoretical part and a practical part divided as follows:
- two-hours front lectures on international economic law for a total of 2 ECTS; on international trade law for a total of 2 ECTS; and on foreign investment discipline for a total of 2 ECTS;
- seminars, workshops and simulations of practical cases to be solved and methods for preparing and drafting practical dossiers of two hours each, carried out with the help of experts in international trade and foreign investment, for the remaining 6 ECTS.

Evaluation methods

Verification of learning:

Assessment and examination methods:
Assessment of student learning will be based on a written exam of four hours aimed at evaluating the knowledge, the mastery of concepts, the property of the technical-legal language, the ability to solve cases . The test will consist of three open-ended questions on the first section and of two practical cases or advices to solve and provide, one for each of the other two sections of the course. The grade, from 0 to 30, will be given as follows: up to 6 points for the written test on the first section; up to 12 points for the written test on the second section and up to 12 points for the written test on the third section. The written test is considered passed if the student reach 18 points out of a total of 30.
There will be no oral interview.

Contacts/More Information

Additional information:
Students can benefit from reception hours after lessons for further explanations, or by appointment with the teacher. There is also a weekly reception day, on Thursdays, at a time to be determined, during the entire academic year. For further information visit the Course website: https://giurinn.unich.it

Università degli Studi
"G. d'Annunzio"

Chieti - Pescara

Aree