This course aims at providing students with the legal tools and the proper legal method to deal with sustainable development in global trade. The course follows an international law perspective and focuses on the analysis of the World Trade Organization (WTO) legal framework and its relationship with the conventional and customary rules establishing the foundations of sustainable development. To this aim, it provides a general overview of the legal discipline of international trade law - i.e. the economic relationships between States - pursuant to the international agreements covered by the WTO, with a special focus on the international regulation of trade of goods (the GATT, the SPS and the TBT agreements) and intellectual property (the TRIPs agreement). Specific attention is devoted to the analysis of the interaction between the WTO rules and the international legal provisions concerning sustainable development and other non-trade concerns, such as fundamental human rights and environmental protection, as developed by the WTO dispute settlement bodies trough their case law. The final part of the course is devoted to the legal analysis of the relationship existing between trade regulation and the protection of sustainable development pursuant to the most relevant regional and preferential trade agreements negotiated out of the WTO.
Learning outcomes By the end of this course, students should be able to:
· understand and evaluate critically the international trade legal issues and their relationship with sustainable development; · interpret the international trade legal provisions, taking account of the international legal framework on sustainable development; · understand and evaluate critically the jurisprudence developed by the WTO in this field and the law-making process, as currently evolving within and out of the WTO; · use their communication skills (written and oral) in this field, including arguing convincingly, with logical and legal thoroughness and propriety of legal language.