-Analyzing international trade law and its relationship with the international framework on sustainable development; -Examining the main WTO covered agreements, in light of the connected issues concerning sustainable development; -Analyzing the relationship between sustainable development and international trade law in light of the regional preferential agreements negotiated out of the WTO.
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.
Part I: · Sustainable development as an objective of the WTO · Institutional issues Part II: · Sustainable development in trade of goods · The GATT (General Agreement on General Agreement on Tariffs and Trade) · the SPS Agreement (Agreement on Sanitary and Phytosanitary Measures) · the TBT Agreement (Agreement on Technical Barriers to Trade) Part III: · The treatment of developing countries pursuant to the WTO and its relationship with sustainable development · Sustainable development under the regional trade agreements
Informazioni sul programma
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 rules establishing the foundations of sustainable development. To this aim, it provides a general overview of the legal discipline of international trade - i.e. the economic relationships between States - pursuant to the international agreements covered by the WTO, with a focus on the international trade of goods (the GATT, the SPS and the TBT agreements). Specific attention is devoted to the analysis of the interaction between the WTO rules and the legal discipline of non-trade concerns, such as the protection of fundamental human rights and the environment, as developed through the WTO dispute settlement. The preferential treatment for developing countries and the most relevant regional trade agreements negotiated out of the WTO are specifically addressed.
Prerequisiti e modalità di esame
Students are evaluated through partial exams taken during the course (case-studies, mock trials, written test, work-in-team and individual presentations). The final mark consists of the average of the marks obtained in the partial exams. Those students who do not accept the average mark can register for an oral colloquium during the official exam sessions.
Class attendance is mandatory. A good command over international law is recommended. The course is structured on lectures, case-studies and mock trials. Students are called to examine the WTO jurisprudence and to participate to the mock trials carried out in class.
Materiale didattico e bibliografia
A list of suggested and mandatory readings and the didactic material is available on-line (ARIEL). The detailed course programme is provided at the beginning of the course.