INTERNATIONAL TRADE LAW

The module aims to teach how to: - demonstrate knowledge of the key institutions/structures, principles and concepts of international trade law and their relevance to international economic relations; - identify the relevant sources of international trade law and their relationship to domestic legal systems; - demonstrate a clear understanding and critical appreciation of the legal, economic and political issues involved in structures of global economic governance; - carry out competent and independent research into some aspects of the law relating to international regulatory institutions; - critically assess the different approaches to the problems and issues raised and, where appropriate, to critically review the relationship of law to economics in this area.

On the completion of the module, students will be expected to: Subject-specific - Identify and analyse the subjects, sources, scope and content of substantive international trade law rules. - Identify and analyse dispute settlement mechanisms in international trade law. - Identify the overlaps, similarities and differences among divergent legal instruments. - Explain the role and objectives of international trade law in theory and in practice. - Describe and demonstrate the relationship between the objectives of liberalization in international trade system on the one hand, and other regulatory interests and objectives on the other. Skills - Analyse complex legal principles of international trade law and give advice about their application in practice. - Evaluate the differences among divergent legal instruments and understand their practical implications. - Compare and assess the role and objectives of international trade law in theory and in practice. - Critically reflect on the existence of conflicting regulatory objectives of international trade law and their appropriate balance. - Present and communicate their research findings effectively. Attributes - Acquire knowledge in a rigorous and time-efficient way. - Use analytical skills to develop solid legal arguments and find solutions to complex legal problems. - Strengthen legal research skills. - Learn independently.

The module will encourage the development of: • High-level oral communication skills through reflective, analytical class discussion; • Advanced critical reading skills in relation to primary and/or secondary sources; • High-level writing skills through close and critical analysis of both primary and secondary source material; • An ability to apply theoretical and contextual knowledge to practical problems that face people working in the field.

The purpose of this course is to examine the economic interactions between States as well as the economic relationships between States and non-government entities, in particular corporations. It aims to critically assess not only the law governing these relationships but also the different law-making processes. The main goal is to provide an overview of the legal and institutional foundations of international trade law. It covers issues such as multilateral and regional trade law principles/doctrines, investment, sustainable development, and regional economic integration principles. The first section covers GATT/WTO rules, thus analysing the basic principles of the world trading system and offering an analysis of international trade rules governing trade in goods, services, IP rights and their relationship with other regulatory interests (environment, security, social issues); lecturers will also engage with the dispute settlement procedures available for trade disputes between States. The second section covers foreign investments: firstly, it identifies and examines the sources, scope and content of the substantive international law rules that determine investor-State relationships, also by discussing their application in practice. Secondly, it explores the complex system of dispute resolution both from a theoretical and practical perspective, with specific references to investment arbitration. The last section considers the interactions between trade/investment rules with public policy issues, by analysing – through seminars and guest lecturers – the complex relations between international trade law and other branches of international law aimed at protecting general (and global) objectives (environment, climate change, corporate social responsibility). This module is suitable for students interested in acquiring a thorough and deep understanding of international trade and investment law, as well as in critically assessing the role and objectives of this body of law and its balancing against other regulatory interests. It also provides the theoretical and practical knowledge necessary for legal practitioners in the field and for those seeking to advice governmental bodies, private companies or civil society organisations, on matters related to international trade law and policy.

F.M. Palombino (eds.), Introduction to International Economic Law, Routledge-Giappichelli, forthcoming 2025, In case the book will not be published, as an alternative please refer to: Main textbooks - P. Van Den Bossche, The Law and Policy of the World Trade Organization. Text, Cases and Materials, 5th edn., Cambridge University Press, 2021 (CHAPTERS 1,2,3,4,5, 10 and 15) - D. Collins, An Introduction to International Investment Law, 2nd edn., Cambridge University Press, 2023 (CHAPTERS 1,2,3,4, 5,6,8 and 9)

Teaching will combine traditional lectures offered by the lecturers with power point presentations and seminar method, whereby material is prepared in advance and made available online for class discussion. Students are strongly encouraged to attend all classes and to adequately study the recommended material before each lecture. Documents, cases, presentations, and articles will be provided prior of each class. The teaching on a bi-weekly basis is structured as follows: WEEK 1 - lecture 1 (on campus) 1h 30’: ACQUISITION WEEK 1 - lecture 2 (on campus) 1h 30’: ACQUISITION WEEK 2 - lecture 1 (on campus) 1h 30’: ACQUISITION WEEK 2 - lecture 2 (on campus) 1h 30’: PARTICIPATION, DISCUSSION – critical discussion of issues, team activities, peer review between students.

Continuous assessment + final oral exam Continuous assessment: - two midterm written exams (multiple-choice quiz) the first midterm exam will be scheduled after the conclusion of the modules on GATT/WTO law (25% of the final mark); the second midterm exam will be scheduled after the conclusion of the module on foreign investment law (25% of the final mark). - group presentations to be illustrated in class (including case study analysis, critical review of issues supported by journal articles) will be scheduled during the last section of the course (25% of the final mark). Final oral exam (25% of the final mark): - Questions on topics illustrated during the last section of the course (Weeks 8-12) and related to the topics analysed during the first two sections (Weeks 1-7) of the course. The oral performance will be assessed by taking into account the following criteria: (i) identification of relevant issues and evidence of thorough knowledge and understanding of the principles of law; (ii) reasoned arguments and supporting sources; (iii) logical conclusions. A marking rubric with details for each class of grade will be available on the module webpage.

The thesis is assigned subject to the submission of a preliminary dissertation proposal under the following criteria: Content • Structure your essay: introduction, development and conclusion. • Use signposts. • Introductory and concluding paragraphs are crucial. • Answer what you have been asked and not what you would have liked to be asked. • Support your argument with evidence: legislation, cases, declarations of international organisations, policy documents, authors’ opinions, facts, etc. • Do not be afraid of expressing your personal opinion but stay away of sweeping generalisations. The thesis normally takes up to one year of supervision and will be assigned upon the achievement of the very high performance/grade (minimum 28/30).