INTERNATIONAL AND EU ECONOMIC LAW

Caterina Milo, Giuliana Lampo

Instructional goals

The course is designed to provide students with an understanding of the nature, structure and functions of international and EU economic law. The main objective is the development of the students’ understanding and knowledge of the relevant issues and the strengthening of their ability to interact at the required levels (research, study, professional work) on the main subject-matters of the discipline.

Prerequisites

There is no formal pre-requisite for the course.

Intended learning outcomes

Knowledge and understanding: students will gain a strong knowledge of the norms regulating international and EU economic law. This knowledge will be acquired through lectures, seminars and case studies. Applying knowledge and understanding: students will be able to apply the knowledge acquired at a theoretical level to the study of current events and real cases. These skills will be obtained through the study for the final exam and through individual and group exercises, as well as through the interaction with the teachers and colleagues during the discussion of cases of interest. Making judgements: students will acquire the necessary tools to understand and analyze – from a legal standpoint and starting from the study of the fundamentals of international and EU economic law – topical phenomena of global scope. Students will also develop a capacity for analysis and critical reasoning on problems and case studies, adequately applying the relevant legal framework and judicial practice to the cases examined. Communication skills: students will acquire the ability to construct, analyze and communicate their point of view and the results of their analysis. This will be achieved through the study of materials and decisions of international bodies, and also through the discussion of cases designed to help the students develop their critical thinking skills. Learning skills: students, having acquired the main notions of international and EU economic law, will have the necessary basis to manage issues pertaining to this field. They will be able to further their studies in this field and to pursue various career paths after completion of their studies, including in multinational companies, international institutions and organizations, diplomacy, and NGOs.

Course Contents

The course is divided into four modules. After an introductory week aimed at offering students the necessary bases for delving into the subject, the first module tackles International Trade Law. The World Trade Organization will be analyzed in depth, with a focus on its structure, its functioning, the most important agreements and the dispute settlement mechanism. The second module offers an overview of the law of international contracts. The module aims at offering students the necessary tools to navigate EU and international disputes concerning contracts. The third module is dedicated to international investment law. This module addresses the structure of this field of international and EU law, the most important standards for the protection of foreign investment, as well as the method for the settlement of disputes between States and foreign investors, with a particular focus on international investment arbitration and on EU’s role in this field. Lastly, the fourth module tackles international monetary law, focusing on both international and EU institutions relevant to the field.

Reference Books

D. Collins, Foundations of International Economic Law, Elgar, 2019.

Teaching Methods

Classes will be held both through classic frontal teaching and in-class interaction (e.g., active participation and discussion). Students’ participation will be taken into account for the final assessment. Due to the interactive nature of many classes, students will be expected to have already read the assigned materials.

Assessment Method

The final grade is expressed in thirtieths. Insufficient preparation, corresponding to a score below 18, will lead to failure to pass the exam. Demonstrating an excellent level of preparation will lead to the attribution of a score of 30, possibly cum laude. The final assessment will be based on: (i) two written or oral exams (midterms), which will account for 70% of the final evaluation and will test the knowledge acquired during the course; (ii) a final written or oral exam, which will account for 30% of the final evaluation.

Thesis assignment criteria

Successful completion of the course, passing the final exam, a keen interest in the subject and quality of eventual topics proposed.

Week 1 Contenuto sessioni on line e on campus

Introduction to International and EU Economic Law On campus: Definitions, sources and key actors of international and EU law Online: The pillars of International and EU Economic Law

Week 2 Contenuto sessioni on line e on campus

International Trade Law (I) On campus: The General Agreement on Tariffs and Trade and the World Trade Organization Online: Main standards of international trade law and general exceptions (GATT) (I)

Week 3 Contenuto sessioni on line e on campus

International Trade Law (II) On campus: Main standards of international trade law and general exceptions (GATT) (II) Online: Dispute resolution in international trade law

Week 4 Contenuto sessioni on line e on campus

International Trade Law (III) On campus: The role of the EU in international trade law Online: Other relevant agreements: GATS, TBT, SPS

Week 5 Contenuto sessioni on line e on campus

Midterm and Introduction to the Law of International Contracts (I) On campus: Midterm (see Assessment Method) Online: Introduction to EU Private International Law

Week 6 Contenuto sessioni on line e on campus

Notions of the Law of International Contracts (II) On campus: General Notions of EU Private International Law; Rome I Regulation Online: Focus on international commercial arbitration and on Brussels I Regulation

Week 7 Contenuto sessioni on line e on campus

International Investment Law (I) On campus: Evolution from customary rules on the protection of aliens to Bilateral Investment Treaties and Free Trade Agreements; definition of “investment” Online: Case studies on the definition of investment

Week 8 Contenuto sessioni on line e on campus

International Investment Law (II) On campus: Main standards on the treatment of foreign investment: Nationalization; Expropriation; MFN; NT; Umbrella clauses Online: Focus on the Fair and Equitable Treatment standard

Week 9 Contenuto sessioni on line e on campus

International Investment Law (III) On campus: The settlement of investment disputes: international investment arbitration Online: Focus: The EU as an actor in International Investment Law

Week 10 Contenuto sessioni on line e on campus

Midterm and Introduction to International Monetary Law (I) On campus: Midterm on International Investment Law (see Assessment Method) Online: Introduction to International Monetary Law

Week 11 Contenuto sessioni on line e on campus

International Monetary Law (II) On campus: International monetary relations: the International Monetary Fund and the World Bank (I) Online: International monetary relations: the International Monetary Fund and the World Bank (II)

Week 12 Contenuto sessioni on line e on campus

International Monetary Law (III) On campus: The EU monetary policy: The European Central Bank (I) Online: The EU monetary policy: The European Central Bank (II)