International Economic and Environmental Law

A.Y. 2015/2016
9
Max ECTS
60
Overall hours
SSD
IUS/13
Language
Italian
Learning objectives
Il corso mira ad approfondire la conoscenza dei regimi giuridici internazionali attinenti alla sfera dei rapporti economici tra Stati e alla tutela dell'ambiente. Attraverso lo studio della disciplina materiale e l'esame di casi selezionati, gli studenti saranno posti in grado di inquadrare sistematicamente fenomeni giuridici complessi. Il corso si propone anche di rafforzare le abilità di analisi critica rispetto a fenomeni attuali della realtà internazionale contemporanea.
Expected learning outcomes
Undefined
Course syllabus and organization

Single session

Responsible
Lesson period
First trimester
ATTENDING STUDENTS
Unità didattica 1
Course syllabus
International economic law and multilateral economic institutions.
The Intenational monetary fund and its evolution since 1944. Institutoinal aspects; the code of conduct and surveillance over exchange rate policies; IMF financial assistance: legal aspects and practice; the IMF role in internatinal financial and sovereign debt crises.
The economic and monetary union within the UE: economic policies coordination and the Growth and Stability Pact; EU financial assistance to euro area States; the coordination with the IMF.
The World Bank Group: institutional profiles; financial assistance and fight against poverty. The Inspection Panel: the relevance of rules on envirnomental and human rights protection in the practice of the WB.
Unità didattica 2
Course syllabus
The progressive evolution of international law rules on foreign investments. Procedures for the settlement of disputes between foreign investors and the host State: the Washington Convention on the establishment of ICSID (1965) and its case law. Customary and treaty law concerning the admission and protection of foreign investments: the notion of investment and investor, standards of treatment, the legal regime for expropriation and nationalization of foreign property (including indirect expropriations), rules on transfer of capital. Analysis of bilateral and regional investiment treaties and of the ICJ and ICSID tribunals' judgments.
Unità didattica 3
Course syllabus
- Environment protection in international law: evolution, governance, general principles and rules (Declarations of Stockolm, 1972, and Rio de Janeiro, 1992), mutilateral environmental treaties.
- The protection of the armosphere and climate change: prohibition of transboundary pollution; the international legal regime on climate change (Framework Convention 1992, Kyoto Protocol 1997); the position of the European Union.
- Environment protection and human rights: the right to a safe environment in the main human rights treaties and in the practice of international courts and tribunals.
- Environment protection and international trade: GATT 1994 rules and their impact on national environmental policies; cases analysis (WTO: US - Shrimp; EU - Seal Products).
NON-ATTENDING STUDENTS
Unità didattica 1
Course syllabus
International economic law and multilateral economic institutions.
The Intenational monetary fund and its evolution since 1944. Institutoinal aspects; the code of conduct and surveillance over exchange rate policies; IMF financial assistance: legal aspects and practice; the IMF role in internatinal financial and sovereign debt crises.
The economic and monetary union within the UE: economic policies coordination and the Growth and Stability Pact; EU financial assistance to euro area States; the coordination with the IMF.
The World Bank Group: institutional profiles; financial assistance and fight against poverty.
Unità didattica 2
Course syllabus
International investment law. International investment contracts and bilateral investment treaties. Admission, establishment, treatment, protection and expropriation of foreign investments. Investment dispute settlement: the International Centre for the Settlement of Investment Disputes. The 1991 World Bank Guidelines on the Treatment of Foreign Direct Investments. The negotiations for the Multilateral Investment Treaty. The Multilateral Investment Guarantee Agency and other investment guarantee schemes.
Unità didattica 3
Course syllabus
- Environment protection in international law: evolution, governance, general principles and rules (Declarations of Stockolm, 1972, and Rio de Janeiro, 1992), mutilateral environmental treaties.
- EU competences, purposes, and rules on the protection of the environment.
- The protection of the armosphere and climate change: prohibition of transboundary pollution; the international legal regime on climate change (Framework Convention 1992, Kyoto Protocol 1997) and on the protection of the ozone layer; the position of the European Union.
- International rules on the movement of wastes and hazardous wastes.
- Environment protection and human rights: the right to a safe environment in the main human rights treaties and in the practice of international courts and tribunals.
- Environment protection and international trade: GATT 1994 rules and their impact on national environmental policies.
Unità didattica 1
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Unità didattica 2
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Unità didattica 3
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Professor(s)
Reception:
Thursday (4-7 p.m.) by Skype (giovanna.adinolfi).