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Course 2008-2009 a.y.

8236 - INTERNATIONAL TRADE LAW


MM-LS - AFC-LS - CLAPI-LS - CLEFIN-LS - CLELI-LS - DES-LS - CLG-LS - M-LS - IM-LS - ACME-LS - EMIT-LS
Department of Legal Studies

Course taught in English


Go to class group/s: 31

MM-LS (6 credits - I sem. - AI) - AFC-LS (6 credits - I sem. - AI) - CLAPI-LS (6 credits - I sem. - AI) - CLEFIN-LS (6 credits - I sem. - AI) - CLELI-LS (6 credits - I sem. - AI) - DES-LS (6 credits - I sem. - AI) - CLG-LS (6 credits - I sem. - AI) - M-LS (6 credits - I sem. - AI) - IM-LS (6 credits - I sem. - AI) - ACME-LS (6 credits - I sem. - AI) - EMIT-LS (6 credits - I sem. - AI)
Course Director:
CLAUDIO DORDI

Classes: 31 (I sem.)
Instructors:
Class 31: CLAUDIO DORDI


Course Objectives

This course deals with the international regulation of trade relationships between nations in the framework of the globalized world economy at the beginning of the second Millennium. The focus is on the law of the World Trade Organization as the main multilateral regulation of trade. The WTO is put in the perspective of the coexistence of a multiplicity of international organizations dealing with different aspects of the world economy in general (the IMF and the World Bank as to monetary and development issues), together with regional organizations not limited to trade (the European Union, OECD, NAFTA, ASEAN, etc).
The course concentrates on the origins of the multilateral commercial system (ITO and GATT 1947), on the WTO institutional framework including the controversy solution system, on issues raised by the current Doha Development Round and on the main sectorial agreements (on goods, including the GATT discipline, GATS on services, TRIPS on intellectual property). The main subject is analyzed through case studies subject to Panels and the Appeals Body of the WTO. The role of private players is also examined as well as the importance of international discipline in economic choices, including the relevance of the WTO right in the EU order based on the European case law.
The course consists primarily of seminars and group work. Attending students are involved in the study of legal cases, discussion of the issues raised, and elaboration of essays in written and oral form.


Course Content Summary
  • Multilateralism, sectoral approach and regionalism in the governance of the world economy
  • 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 and MFN treatment
  • Dumping, Subsidies, Safeguards
  • Sanitary and Phitosanitary 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
  • European law and the WTO: what protection for private parties

Detailed Description of Assessment Methods

Partial exam and final oral exam


Textbooks
  • The WTO Agreements and texts of Panels and Appellate Body Reports (www.wto.org)
  • P. VAN DEN BOSSCHE, The Law and Policy of the WTO, Cambridge Un. Press 2005, paperback.
  • J. BAGWATI, In Defence of Globalization, Oxford Press, 2004.
Last change 03/06/2008 10:09