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Course 2020-2021 a.y.

20510 - NATIONAL AND INTERNATIONAL INSTITUTIONS LAW

GIO
Department of Law

Course taught in English


Go to class group/s: 14

GIO (6 credits - I sem. - OB  |  IUS/14)
Course Director:
LEONARDO BORLINI

Classes: 14 (I sem.)
Instructors:
Class 14: LEONARDO BORLINI


Mission & Content Summary
MISSION

Due to the economic globalization, operators must increasingly comply with decisions taken by the institutions of different states, as well as the law promoted by international institutions. Within this complex scenario, economic actors must understand the common principles and rules governing the organization and the activity of national institutions vis-a-vis the rules promoted by prominent international organizations operating in the economic field, including the European Union - one of the world’s largest and most important economies. Course participants will therefore embark in a legal (and not only) journey around the world with a particular focus on the World Trade Organization and the European Union. To this end, during the first part of the course, students will have the chance to analyze the main international (i.e. WTO) agreements aiming at reducing obstacles to trade in goods and services. The second part of the course will specifically deal with the influence of EU law on domestic administrative legal systems. After an introductory part dedicated to the study of the fundamental legal categories of administrative law, this part will focus on specific topics at the cross-board between public law and economics, as well as some of the leading cases of the European Court of Justice on services of general interest, public procurement and the regulatory activity of independent administrative authorities.

CONTENT SUMMARY

The course is organised in two parts. The course covers the following topics:

1. International Institutions Law Part: 

  • The protection of international business under International and European Law
  • International trade from the GATT to the WTO: main features, institutional aspects and dispute settlement
  • GATT non-discrimination principles: MFN and NT
  • Trade in goods (GATT): market access; Trade in services (GATS)
  • Exceptions from WTO free-trade rules: GATT Article XX and GATS Article XIV
  • Rules on the harmonization of national regulation (TBT and SPS Agreements) and the international aspects of IP law (TRIPs)
  • WTO and Regional Trade Agreements (RTAs)
  • Fair trade and trade remedies: dumping and subsidies
  • International protection of foreign investments

2. National Institutions Law Part:

  • The influence of European law sources on National legal systems (EU Law and ECHR).
  • The general principles of administrative law (with particular regard to European influence).
  • Introduction to the study of administrative procedure and administrative acts.
  • Public services and Services of general economic interest.
  • Public procurement.
  • Indipendent authorities and market regulation.

Intended Learning Outcomes (ILO)
KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Understand international regulation of trade and investment relationships between countries and between countries and enterprises in the framework of the globalized world economy
  • Discuss the principles and the rules governing the World Trade Organization and its relevance .
  • Distinguish the different tariff and non-tariff barriers to trade in goods and services and explain the international principles and rules regulating them. 
  • Discuss the impact of international rules on national trade policies.
  • Understand the key concepts of administrative law.

  • Understand the influence of the EU law on domestic administrative legal systems.

  • Discuss the major consequences of the public nature of services and contracts.

  • Understand the interactions between public law and economics.

  • Analyze the various regulatory strategies to resolve market failures.

  • Gain a solid understanding of EU legal frameworks about services of general economic interest and public procurement.

  • Reading law materials and case-law.

APPLYING KNOWLEDGE AND UNDERSTANDING
At the end of the course student will be able to...
  • Examine a wide range of domestic measures and assess their conformity with international trade and investment rules
  • Examine the relation between WTO law and trade policies of different States.
  • Compare the trade policies of major players, such as the EU, USA and China
  • Assess the recent 'trade wars' against the evolution of international trade rules.
  • Read and understand international trade and investment treaties.
  • Examine an administrative decision and evaluate its effects and its lawfulness.
  • Apply general administrative law principles to concrete situations.

  • Examine the relations between the European union and domestic administrative legal systems.

  • Read EU legal frameworks (treaties, regulation, directives) and case law.

  • Critical and analytical legal analysis and problem solving 

  • Apply international principles to concrete situations. 

Teaching methods
  • Face-to-face lectures
  • Online lectures
  • Guest speaker's talks (in class or in distance)
  • Case studies /Incidents (traditional, online)
DETAILS

Students are provided with case studies to analyse and discuss. Live and online engagement with both ‘problem-style’ (i.e. practical) and ‘essay-style’ (i.e. reflective) questions.


Assessment methods
  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
  •   x x
    ATTENDING AND NOT ATTENDING STUDENTS

     

    • The partial written exams consist on: Three questions (to be chosen out of four).

        Students answer in one page max each.

    • The final written exam consists on: Six questions (to be chosen out of eight).

        Students answer in one page max each.

     

    For both partial and general exams, assessment consists of a choice of open-answer questions of the 'essay-style'   variety, involving discursive description, explanation, illustration, analysis, discussion and evaluation of the relevant law. The essay style questions aim at testing students' critical and analytical legal analysis, as well as their understanding of the interactions between public law and economics; international regulation of trade and investment relationships between countries and between countries and enterprises; and the influence of the EU law on domestic administrative legal systems.


    Teaching materials
    ATTENDING AND NOT ATTENDING STUDENTS

    International Institutions Law Part

    P. Van den Bossche, D Prévost, Essentials of WTO Law, Cambridge University Press (2016).

    C. Schreuer, Investments, International Protection, EPIL, 2013 (available online and uploaded in BBoard)

    Cases, materials and articles discussed in class and uploaded on the Bboard platform.

     

     

    National Institutions Law Part

    Cases, materials and articles discussed in class and uploaded on the Bboard platform.

    Last change 27/08/2020 16:45