INTERNATIONAL TRADE LAW

INTERNATIONAL TRADE LAW

Domenico Pauciulo, Elena Terrizzi

Obiettivi formativi

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.

Risultati di apprendimento attesi

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.

Contenuti Del Corso

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.

Testi Di Riferimento

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

Metodologie Didattiche

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.

Modalità di verifica dell'apprendimento

Continuous assessment and final oral exam Continuous assessment (30% of the final mark): students will be divided into groups; each group will be assigned a case to be analysed, thus requiring participants to work together. Students will be called to present the case to the class and to answer some open-ended questions related to the topics assigned. Final oral exam (70% of the final mark): questions on topics illustrated during the course (Weeks 1-8). 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. Non-attending students will take a final oral exam (100% of the final mark). The oral exam will consist in questions on topics illustrated during the entire course (Weeks 1-12).

Criteri per l’assegnazione dell’elaborato finale

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).

Settimana 1

Introduction to International Trade Law Aims and Objectives The lectures discuss the general background and main sources of International Trade Law. They cover issues such subjects and sources of this body of law, comparing their roles and application to subjects and rules of public international law. Readings F.M. Palombino (eds.), Introduction to International Economic Law, Routledge-Giappichelli, 2025, Ch. 2.

Settimana 2

The WTO architecture: GATT Agreement, GATS Agreement and TRIPS Agreement Aims and Objectives The aim of the lectures is to discuss the institutions and multilateral treaties regulating International Trade Law - WTO (GATT and GATS) and to understand the underlying principles governing the WTO multilateral trading system. It also examines the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement and other relevant WTO agreements. Readings F.M. Palombino (ed.), Introduction to International Economia Law, Routledge-Giappichelli, 2025, Ch. 4.

Settimana 3

The WTO Dispute Settlement System Aims and Objectives The lectures aim at understanding the complex system of dispute settlement provided by the WTO Agreement and by the Dispute Settlement Understanding, by identifying the elements of the different phases (amicable settlement; panel/appellate procedures; subsequent remedies) of a dispute. In addition, the lectures propose a scrutiny of the current status of the dispute settlement mechanism and of certain landmark cases dealing with the national security exception. Readings F.M. Palombino (ed.), Introduction to International Economia Law, Routledge-Giappichelli, 2025, Ch. 4.

Settimana 4

EU Trade Policy Aims and Objectives These lectures focus on the trade policy at EU level, discussing rules governing the exercise of such competence by the EU and the content of the agreements concluded or under negotiation. Readings: Documents uploaded on Luiss Learn.

Settimana 5

The rules on foreign investments Aims and Objectives The lectures focus on the law governing the liberalization of foreign investment. This body of law developed starting in the 1960s and accelerated after the end of the Cold War: the lectures discuss rules on the liberalization, protection and promotion, facilitation of foreign investment contained in bilateral, regional and mega-regional treaties (IIAs – international investment agreements). Attention will be given the EU common commercial policy and the EU strategies regarding foreign investments. Readings F.M. Palombino (ed.), Introduction to International Economic Law, Routledge-Giappichelli, 2025, Ch. 3.

Settimana 6

Standards of treatment of foreign investments Aims and Focus The aim of these classes is to provide a knowledge of the specific rules regarding the treatment of foreign investments under IIAs, with specific attention to Fair and Equitable Treatment and to the rules regarding the prohibition of expropriation, as have been developed in treaties and applied in caselaw. Readings F.M. Palombino (ed.), Introduction to International Economic Law, Routledge-Giappichelli, 2025, Ch. 3.

Settimana 7

Foreign Investment Disputes Aims and Objectives These classes focus on the processes through which foreign investment disputes are settled, taking into consideration the switch from the ‘gun- boat’ diplomacy to ISDS proceedings, where foreign investors have the right to bring a dispute against the host state before a private arbitral tribunal constituted to hear that specific case. These lectures will discuss the main aspects of this system, its limits, the backlash currently surrounding investment arbitration and the proposed reform of this system. Readings F.M. Palombino (ed.), Introduction to International Economic Law, Routledge-Giappichelli, 2025, Ch. 3.

Settimana 8

Investors’ protection vs. States’ right to regulate Aims and Objectives These lectures will deal with the complex balancing between investors’ protection and States’ right to regulate for public objectives (health, environment, climate goals, human and indigenous people rights), analysing caselaw on such matters. Also, the classes will analyse the practice of States’ counterclaims in investment arbitration. Readings F.M. Palombino (ed.) Introduction to International Economic Law, Routledge-Giappichelli, 2025, Ch. 3.

Settimana 9

Corporate Social Responsibility Aims and Objectives The lectures focus on the regulation of the activities of multinational corporations, whose actions have come to scrutiny particularly due to their impact on the environment, human rights and labor rights: these classes discuss the current legal framework dedicated to corporations, including the recent initiatives undertaken by the United Nations and the European Union, together with examples of codes of conduct adopted by companies. Readings - P. Muchlinski, Multinational Enterprises & the Law (3rd ed, OUP, 2021) Chapter 3; - Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, UN Doc A/HRC/17/31, 2011 Active Learning (group presentations): Domestic caselaw discussion on CSR.

Settimana 10

Trade, Investment, Climate and the Energy Sector: the Energy Charter Treaty Aims and objectives The lectures focus on the main specific treaty governing investment, trade and transit in energy in the Pan-European region, namely the Energy Charter Treaty. It covers its aims, structure and the current debate regarding its role in the EU energy transition and the current backlash against this Treaty, as well as the failure of the “modernization” project. Readings - J.E. Viñuales, The International Law of Energy (CUP, 2022) pp. 10-41; - K. Hobér, The Energy Charter Treaty. A Commentary (OUP, 2020) chapter 2, pp. 3-12.

Settimana 11

International Financial Law Aims and Objectives. This seminar focuses on the roles and activities of the International Monetary Fund and of the World Bank Group. Students will learn the functioning of these institutions and their objectives. Readings F.M. Palombino (ed.), Introduction to International Economic Law, Routledge-Giappichelli, 2025, Ch. 5.

Settimana 12

Sanctions. Aims and Objectives These lectures will deal with the complex issue of sanctions against States, entities, individuals, adopted unilaterally by Governments or under the rules of International Organizations (such as the United Nations or the European Union), analyzing the main issues surrounding these economic measures Readings: Documents uploaded on Luiss Learn.