INTERNATIONAL ECONOMIC LAW

INTERNATIONAL ECONOMIC LAW

Fulvio Maria Palombino

Obiettivi formativi

The course is designed to provide students with an understanding of the nature, structure and functions of the international institutions governing international trade and foreign investment.

Risultati di apprendimento attesi

Knowledge and understanding: Students will gain a strong knowledge of the norms regulating international trade and investment law. This knowledge will be acquired through the lectures, but also through seminars, conventions and conferences that will involve academics and professionals from the most important sectors of interest. 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 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 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 fictitious cases designed to help the students develop their critical thinking skills. Communication skills will be also tested through the final exam. Learning skills: students, having acquired the main notions of international economic law, will have the necessary basis to access international law firms, multinational companies, international institutions and organizations, and NGOs relevant to the areas of international trade and investment.

Contenuti Del Corso

The course offers insights as to the nature, structure and functions of the international institutions and actors in the field of international economic law. In particular, the course focuses on two fields of international economic law, i.e. international trade law and international investment law. As for the former, 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. As regards international investment law, the course addresses the structure of this field of international 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.

Testi Di Riferimento

F.M. Palombino (ed.), Introduction to International Economic Law, Routledge-Giappichelli, 2025.

Metodologie Didattiche

Lectures, discussion of case studies, seminars held by Italian and foreign experts.

Modalità di verifica dell'apprendimento

The exam consists of an oral test in which the student will be required to show that he/she knows and understands the notions and principles of international economic law and that he/she is able to apply them to practical cases brought to his/her attention. The student is expected to be able to use the appropriate technical and legal vocabulary, thus proving that he/she has acquired the study method and the learning ability for carrying on, also independently, further study of the subject. The final grade is expressed in thirtieths. Insufficient preparation, corresponding to a score below 18, will lead to failure to pass the exam. Answering all questions correctly, demonstrating an excellent level of preparation, will lead to the attribution of a score of 30, possibly cum laude/with honors. In assessing the level of preparation of the student, the following evaluation criteria will be taken into account: knowledge and understanding of the notions and principles of the subject and ability to apply them to concrete cases (65%); appropriate use of the technical and legal vocabulary (25%); ability to analyze and evaluate relevant sources and acquisition of the study method (10%).

Criteri per l’assegnazione dell’elaborato finale

Passing the final exam and a clear interest in researching and writing the thesis on this subject. Knowledge of the English language; knowledge of other foreign languages is also appreciated.

Settimana 1

Introduction to International Economic Law Lecture 1: Definition of international economic law – Subjects of international economic law Lecture 2: Sources of international economic law.

Settimana 2

Introduction to the World Trade Organization Lecture 1: The origins of WTO – WTO’s functions Lecture 2: The institutional structure of WTO

Settimana 3

The substantive discipline of international trade (I) Lecture 1: Basic principles enshrined in the GATT – Overview of the content of the GATT – Market access (Articles II, XI, XIII GATT) Lecture 2: MFN (Article I GATT) – Regional integration exception (Article XXIV GATT)

Settimana 4

The substantive discipline of international trade (II) Lecture 1: National treatment (Article III GATT) – General exceptions (Article XX GATT) and Security exception (Article XXI GATT). Lecture 2: General exceptions (Article XX GATT) and Security exception (Article XXI GATT)

Settimana 5

The substantive discipline of international trade (III) Lecture 1: The law of international trade beyond the GATT: other WTO agreements – GATS – TBT. Lecture 2: other WTO agreements – SPS – TRIPS.

Settimana 6

The settlement of disputes between WTO member States Lecture 1: Case studies and student practice – Moot courts. Lecture 2: Case studies and student practice – Moot courts.

Settimana 7

Introduction to international investment law (I) Lecture 1: Historical evolution of the international law on foreign investment – Customary rules on the protection of aliens – International minimum standard. Lecture 2: Diplomatic protection.

Settimana 8

Introduction to international investment law (II) Lecture 1: From customary rules on the protection of aliens to Bilateral Investment Treaties and Free Trade Agreements – Typical features of International Investment Agreements. Lecture 2: Definition of “investment”.

Settimana 9

The substantive law on the protection of foreign investment (I) Lecture 1: Main standards on the treatment of foreign investment – Nationalization – Expropriation. Lecture 2: MFN – NT – Umbrella clauses.

Settimana 10

The substantive law on the protection of foreign investment (II) Lecture 1: Fair and Equitable Treatment. Lecture 2: Fair and Equitable Treatment.

Settimana 11

The settlement of investment disputes Lecture 1: International arbitration – ICSID arbitration. Lecture 2: ICSID arbitration.

Settimana 12

Lecture 1: Case studies and student practice – Moot courts. Lecture 2: Case studies and student practice – Moot courts.