INTERNATIONAL TRADE LAW AND FOREIGN INVESTMENTS A

General Module

Course Sheet

Course code:

000385L A

Academic Year of enrolment:

2020

Year of supply:

2020/2021

Type of Course:

Characterising

Degree:

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

Disciplinary Sector:

International Law

Is part of:

INTERNATIONAL TRADE LAW AND FOREIGN INVESTMENTS

Location:

PESCARA

Credits:

Programme Year:

Professor and Collaborators:

PUOTI Paola

Cycle:

First semester

Hours of classroom activity:

Individual study hours:

102

Prerequisites:

Prerequisites:
Knowledge of international law is highly recommended.

Objectives

Learning Objectives:
The first part of the annual course aims at the general objective of providing the fundamental notions of international economic law, and the knowledge of the world system of trade liberalization under GATT/WTO .

Expected learning outcomes:
The first section of the course will allow the student to acquire the theoretical knowledge necessary to understand the origins, evolution and functioning of the international economic order and the distinctive features, subjects and sources of international economic law.
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 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 sources of the international economic law
- be able to apply the fundamental principles of the international system of trade liberalisation and the system of derogations and exceptions

Autonomous assessment capacity:
- 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.

Communication skills:
- Drafting dossiers and reporting on specific international trade cases
- resolving concrete problems relating to the application of international trade rules and the system of derogations and exceptions

Contents

Contents:
The course of 6 credits, is divided into two sections. 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 (4 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); the implementation of the international trade law in the European Union and Italian legal orders.

Extended Syllabus

Extended content:
Section I (2 ECTS):
-The international economic system and the evolution of international economic relations
- The OECE and its transformation into an OECD
- The process of European integration
- The fundamental principles of international economic law
- Sources of international economic law
- Subjects: States, international organisations, non-governmental organisations and other bodies
- Multinational companies
- Economic summits
Section II (4 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
- Application of the GATT/WTO system into the EU and the Member States legal orders

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.
- P. Picone, A. Ligustro, Diritto dell'Organizzazione Mondiale del Commercio, Padova, CEDAM, 2002, cap. III (parr. 1, 2, 3, 4, 5, 6, 8: pp. 87-131), cap. V (parr. 1, 2, 3, 4, 5, 6, 8: pp. 173-228), cap. VI (parr. 1, 2, 5: pp. 293-299 – 321-335).
Students will be required to consult the texts of the Agreements relating to the WTO system, available online or, in Italian in:
- 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.

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 (2 ECTS); and on international trade law ( 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 (2 ECTS).

Evaluation methods

Verification of learning:

Assessment and examination methods:
Assessment of student learning will be an oral test. The arguments reflect those dealt with during the teaching and included in the syllabus.
The final oral test is the same for both attending and non-attending students.
Partial examinations: a partial examination is foreseen in order to facilitate the preparation of the final exam, reserved to the attending students. The final mark is in thirtieth percentile.

Contacts/More Information

Additional information:
E-mail: paola.puoti@unich.it
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

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