Insegnamento a.a. 2025-2026

50182 - INTERNATIONAL TRADE AND INVESTMENT LAW

Department of Law

Course taught in English

Student consultation hours
Class timetable
Exam timetable
Go to class group/s: 31
ACME (6 credits - I sem. - OP  |  IUS/13) - AFC (6 credits - I sem. - OP  |  IUS/13) - AI (6 credits - I sem. - OP  |  12 credits IUS/13) - CLELI (6 credits - I sem. - OP  |  IUS/13) - CLMG (6 credits - I sem. - OP  |  IUS/13) - DES-ESS (6 credits - I sem. - OP  |  IUS/13) - DSBA (6 credits - I sem. - OP  |  IUS/13) - EMIT (6 credits - I sem. - OP  |  IUS/13) - ESS (6 credits - I sem. - OP  |  IUS/13) - FIN (6 credits - I sem. - OP  |  IUS/13) - GIO (6 credits - I sem. - OP  |  IUS/13) - IM (6 credits - I sem. - OP  |  IUS/13) - MM (6 credits - I sem. - OP  |  IUS/13) - PPA (6 credits - I sem. - OP  |  IUS/13)
Course Director:
LEONARDO BORLINI

Classes: 31 (I sem.)
Instructors:
Class 31: LEONARDO BORLINI


Suggested background knowledge

For a fruitful and effective learning experience, it is recommended a preliminary knowledge in public international law.

Mission & Content Summary

MISSION

This course deals with the international regulation of trade and investment relationships between countries and between countries and enterprises in the framework of the globalized world economy. Prof. Peter Van Den Bossche, a former member and chair of the Appellate Body of the World Trade Organization (WTO), is co-instructor of the course. As to international trade law, the focus is on the law of the WTO as the general multilateral regulation of trade. This part of the course focuses on the origins of the multilateral commercial system (GATT 1947), the WTO institutional framework, including the dispute settlement system, and the main sectorial agreements (on goods, including the GATT, GATS on services, TRIPS on intellectual property). The main subjects are analyzed through case studies based on the decisions of Panels and the WTO Appellate Body. The regulation of trade in regional agreements and its relationship with the global system are also analyzed, focusing on current issues such as de-globalization and neo-protectionism. As to international investment law, the focus is on the international legal regime of promotion and protection of foreign investment established by the substantive rules and dispute settlement provisions of international investment agreements (IIAs), mainly bilateral investment treaties (BITs) and investment chapters of regional trade agreements (RTAs) such as USMCA and CETA. Attending students are involved in the study of cases and group presentatio

CONTENT SUMMARY

  • Multilateralism and regionalism in the governance of world trade.
  • From GATT 1947 to the WTO: the Uruguay Round Results.
  • The WTO institutional framework.
  • The Dispute Settlement System.
  • Basic issues under GATT 1994; non-discrimination (NT and MFN treatment).
  • Dumping, Subsidies, Safeguards.
  • Sanitary and Phytosanitary Measures: the precautionary principle.
  • GATS: national regulation and liberalization of services.
  • The WTO and the protection of non-trade interests: exceptions, environment, human rights.
  • The challenge of economic regionalism to the multilateral system and neo-protectionism.
  • Standards of protection of foreign investments in bilateral and regional treaties.
  • Investment dispute settlement by arbitration.
  • From investment to a court system?

Intended Learning Outcomes (ILO)

KNOWLEDGE AND UNDERSTANDING

At the end of the course student will be able to...
  • Understand global governance of trade and investment.
  • Master the WTO core rules of non-discrimination and market access, as well as their main exceptions.
  • Understand contemporary "trade wars" against international trade rules
  • Illustrate the main features of the multilateral and regional systems regulating international trade and investment.
  • Understand the main standards of protection of international investments
  • Explain and describe the main case law for both disciplines.

APPLYING KNOWLEDGE AND UNDERSTANDING

At the end of the course student will be able to...
  • Correctly interpret and use international trade law provisions. 
  • Analyze the main provisions of a bilateral investment treaty.
  • Discuss the complex legal and political issues surrounding the WTO and investment treaties.
  • Teamwork (through assigned presentations to groups) and communication skills (through case-law simulation).

Teaching methods

  • Lectures
  • Guest speaker's talks (in class or in distance)
  • Interaction/Gamification

DETAILS

The course hosts guest speakers from foreign universities and international organizations. Students learn from the analysis of key case studies.


Assessment methods

  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
  x x
  • Active class participation (virtual, attendance)
x    

ATTENDING STUDENTS

Class participation in discussions will constitute 10% of the final grade.

The partial and final exams will constitute 90% of the grade.

 

The first partial exam is composed of a choice of (three out of four) questions of the 'essay-style' variety, involving more discursive description, explanation, illustration, analysis, critical discussion, and evaluation of the law.

 

The second partial exam is composed of a 'problem-style' question, involving the application of the law to hypothetical factual situations based on cases presented in class.

 

The final exam is composed by a 'problem-style' question, involving the application of the law to hypothetical factual situations based on cases presented in class, and a choice of (three out of four) questions of the 'essay-style' variety, involving more discursive description, explanation, illustration, analysis, critical discussion and evaluation of the law.

The exam is closed book, but the relevant legal provisions for the ‘problem-style’ question will be provided to students. Use of a bilingual dictionary is allowed.

Students can sit the second partial exam only in the following sessions: 14/01/2026  and 30/01/2026. The second partial exam can be taken only once.

Only exchange students can sit the second partial exam or the general exam also on 15/12/2025.

If a student withdraws or fails the partial exam in October, she must sit the final written exam. 


NOT ATTENDING STUDENTS

The first partial exam is composed of a choice of (three out of four) questions of the 'essay-style' variety, involving more discursive description, explanation, illustration, analysis, critical discussion, and evaluation of the law.

The second partial exam is composed of a 'problem-style' question, involving the application of the law to hypothetical factual situations based on cases presented in class.

The final exam is composed by a 'problem-style' question, involving the application of the law to hypothetical factual situations based on cases presented in class, and a choice of (three out of four) questions of the 'essay-style' variety, involving more discursive description, explanation, illustration, analysis, critical discussion and evaluation of the law.

The exam is closed book, but the relevant legal provisions for the ‘problem-style’ question will be provided to students. Use of a bilingual dictionary is allowed.

Students can sit the second partial exam only in the following sessions: 14/01/2026  and 30/01/2026. The second partial exam can be taken only once.

Only exchange students can sit the second partial exam or the general exam also on 15/12/2025.

If a student withdraws or fails the partial exam in October, she must sit the final written exam. 


Teaching materials


ATTENDING AND NOT ATTENDING STUDENTS

TRADE LAW PART
 
TEXTBOOK:
 
Peter Van den Bossche, Werner Zdouc, The Law and Policy of the World Trade Organization, 5th edition (CUP 2021), (only selected chapters)
 
MATERIALS:
The text of the WTO Agreements, as well as other relevant legal texts, is available at:
http://www.wto.org/english/docs_e/legal_e/legal_e.htm
Summaries of all WTO disputes, key findings, and current status are available at:
http://www.wto.org/english/tratop_e/dispu_e/dispu_status_e.htm
All WTO panel and Appellate Body reports may be found and searched at:
http://www.worldtradelaw.net/search/searchreports.htm
The jurisprudence of the WTO, organized by agreement and by article by the WTO Secretariat, may be found at:
http://www.wto.org/english/res_e/booksp_e/analytic_index_e/analytic_index_e.htm

 


INVESTMENT LAW PART:
 
C. Schreuer, ‘Investments, International Protection’, Max Planck Encyclopedia of Public International Law (available in electronic format at Bocconi library)
John Merrills & Eric De Brabandere Merrills’ International Dispute Settlement (7th ed.).
(Cambridge: Cambridge University Press, 2022): Chapter 7. This textbook is also available online via Bocconi Library (Database: Cambridge Core)
C. Schreuer, ‘Arbitration, International Centre for Settlement of Investment Disputes (ICSID)’ Max Planck Encyclopedia of Public International Law (available in electronic format at Bocconi library)
Nicolas Angelet, ‘Fair and Equitable Treatment’, Max Planck Encyclopedia of Public International Law (available in electronic format at Bocconi library)
Alice Ruzza, ‘Expropriation and Nationalization’, Max Planck Encyclopedia of Public International Law (available in electronic format at Bocconi library)
Sebastián López Escarcena, ‘Expropriation, Indirect’, Max Planck Encyclopedia of Public International Law (available in electronic format at Bocconi library)
Jean Ho, ‘Contract Claims: Investment Arbitration’, Max Planck Encyclopedia of Public International Law (available in electronic format at Bocconi library)
Eric De Brabandere, ‘Full Protection and Security’, Max Planck Encyclopedia of Public International Law (available in electronic format at Bocconi library)
Céline Braumann, August Reinisch, ‘Investment Court Systems’, Max Planck Encyclopedia of Public International Law (available in electronic format at Bocconi library)
Lucy Reed, Zoe Scanlon, Dafina Atanasova, ‘Protected Investment’, Max Planck Encyclopedia of Public International Law (available in electronic format at Bocconi library)
Stephan Wittich ‘Compensation’, Max Planck Encyclopedia of Public International Law (available in electronic format at Bocconi library)
The ICSID Convention and relevant texts of international investment awards 

 

Suggested non-mandatory readings:
Giorgio Sacerdoti & Niall Moran, International Trade and Investment Dispute Settlement : From Rise to Crisis and Reform. 1st ed. (Taylor & Francis Group, 2025). This textbook is also available online via Bocconi Library (https://library.unibocconi.it/permalink/39UCLB_INST/chtij2/alma991006841421907991)

Last change 27/08/2025 17:12