ID:
GMP08
Tipo Insegnamento:
Obbligatorio
Durata (ore):
48
CFU:
6
SSD:
DIRITTO DELL'ECONOMIA
Url:
GLOBAL MANAGEMENT AND POLITICS/BASE Anno: 1
Anno:
2023
Dati Generali
Periodo di attività
Secondo Semestre (05/02/2024 - 04/05/2024)
Syllabus
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 review critically the relationship of law to economics in this area.
- 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 review critically the relationship of law to economics in this area.
Prerequisiti
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.
• 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.
Metodi didattici
Teaching will be by seminar method, whereby material is prepared in advance and made available online for class discussion. You are strongly advised to attend all classes both online and on campus. You will make the most out of the course if you have adequately studied recommended material relevant to each lecture. This will strengthen your understanding of the more specialist issues which normally follow later in the academic year. Adequate essay preparation entails a full understanding of the subject-matter. Power point presentation and essential readings are provided prior of each class.
The teaching is structured as follows:
2hours (on campus): 1hour ACQUISITION – frontal lecture and active discussion in class; 1hour: PRODUCTION, COLLABORATION AND DISCUSSION – Group presentation (team working, each participant presents) and peer review between fellows. Team groups and topics are assigned before the start of module and are available on the webpage.
1hour (online): PARTICIPATION, DISCUSSION AND COMPETITION: use of test, quiz and doodle to assess the preparation (through the digital tools). This activity is not assessed and does not count in the 70% indicated below.
The teaching is structured as follows:
2hours (on campus): 1hour ACQUISITION – frontal lecture and active discussion in class; 1hour: PRODUCTION, COLLABORATION AND DISCUSSION – Group presentation (team working, each participant presents) and peer review between fellows. Team groups and topics are assigned before the start of module and are available on the webpage.
1hour (online): PARTICIPATION, DISCUSSION AND COMPETITION: use of test, quiz and doodle to assess the preparation (through the digital tools). This activity is not assessed and does not count in the 70% indicated below.
Verifica Apprendimento
The module is assessed by a final written exam which counts for 30%. The final written exam consists in a final paper to be submitted via email to the instructors by a given deadline (to be communicated in due course). The paper will have to develop a topic to be selected from a list that will be distributed by the instructors to the class. The paper will be assessed 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; (iv) format and style.
Continuous assessment in the form of group presentation, case study analysis, critical review of journal articles and active participation in class counts for 70%, which is formed by the following components: production (30% outcomes – presentation to be illustrated in class), collaboration (25% team working), discussion (15% peer review among fellows). The assessment process for non-attending students (students who never attend the course when authorised by the School; and students who attend the course but may not pass or reject the grade) consists in a written essay which counts for 100% of the final grade.
A marking rubric with details for each class of grade is available on the module webpage.
Continuous assessment in the form of group presentation, case study analysis, critical review of journal articles and active participation in class counts for 70%, which is formed by the following components: production (30% outcomes – presentation to be illustrated in class), collaboration (25% team working), discussion (15% peer review among fellows). The assessment process for non-attending students (students who never attend the course when authorised by the School; and students who attend the course but may not pass or reject the grade) consists in a written essay which counts for 100% of the final grade.
A marking rubric with details for each class of grade is available on the module webpage.
Testi
Main textbooks
- Robert Howse and Antonia Eliason, The Regulation of International Trade (4th edn., Routledge, 2017)
- Van Den Bossche, P., The Law and Policy of the World Trade Organization Text, Cases and Materials (4th edn., Cambridge University Press, 2017)
- S. Lester, B. Mercurio, R. Davies, World Trade Law. Texts, Materials and Commentary (2nd edn., Hart Publishing 2012)
- Lowenfeld, A. International Economic Law (2nd edn. Oxford University Press, 2008)
- Cottier, Thomas (ed) The Prospects of International Trade Regulation (Cambridge University Press, 2011)
- Guzman, Andrew T. and Joost H.B. Pauwelyn, International Trade Law (2nd edn, Wolters Kluver, 2012)
- Hoekman, B. and M. Kostecki, The Political Economy of the World Trading System. From GATT to WTO (3rd edn, Oxford University Press, 2009).
- Jackson, J. H., The World Trading System: Law and Policy of International Economic Relations (Cambridge, MA, MIT, 1997).
- Jackson, J. H., W. J. Davey, et al., Legal Problems of International Economic Relations. Case, Materials and Text on the National and International Regulation of Transnational Economic Relations (5th edn, St Paul, Minnesota, West Group, 2008).
- Matsushita, M., P. Mavroidis and T. J. Schoenbaum, The World Trade Organization: Law, Practice and Policy (2nd edn, Oxford University Press, 2006).
- Trebilcock, M. and R. Howse, The Regulation of International Trade (4th edn, Routledge, 2012).
- J.E. Viñuales, The International Law of Energy (CUP, 2022).
- Leal-Arcas, R. et al., International Energy Governance: Selected Legal Issues, (Edward Elgar, 2014).
- Leal-Arcas, R., Climate Change and International Trade, Edward Elgar, 2013.
- Leal-Arcas, R., International Trade and Investment Law: Multilateral, Regional and Bilateral Governance (Edward Elgar, 2010).
- D. Bodansky, J. Brunnée, and L. Rajamani, International Climate Change Law (OUP, 2017).
- Daniel C. Esty, Greening the GATT: Trade, Environment, and the Future (Washington: Institute for International Economics, 1994).
- Cottier, T., Nartova, O., & Bigdeli, S. (eds.) International Trade Regulation and the Mitigation of Climate Change (Cambridge University Press, 2009).
- Pauwelyn, J. (ed.) Global Challenges at the Intersection of Trade, Energy and the Environment, Geneva: Centre for Trade and Economic Integration, 2010.
- Hufbauer, G., Charnovitz, S. & Kim, J., Global Warming and the World Trading System, Washington, DC: Peterson Institute for International Economics, 2009.
- Audley, J. Green, Politics and Global Trade: NAFTA and the Future of Environmental Politics (Georgetown University Press, 1997).
- Esty, D., Greening the GATT: Trade, Environment, and the Future, Institute for International Economics, 1994.
- Sampson, G. & Chambers, W. (eds.) Trade, Environment, and the Millennium, United Nations Press, 2000.
- Sampson, G. Trade, Environment, and the WTO: The Post-Seattle Agenda, Overseas Development Council, 2000.
- Robert Howse and Antonia Eliason, The Regulation of International Trade (4th edn., Routledge, 2017)
- Van Den Bossche, P., The Law and Policy of the World Trade Organization Text, Cases and Materials (4th edn., Cambridge University Press, 2017)
- S. Lester, B. Mercurio, R. Davies, World Trade Law. Texts, Materials and Commentary (2nd edn., Hart Publishing 2012)
- Lowenfeld, A. International Economic Law (2nd edn. Oxford University Press, 2008)
- Cottier, Thomas (ed) The Prospects of International Trade Regulation (Cambridge University Press, 2011)
- Guzman, Andrew T. and Joost H.B. Pauwelyn, International Trade Law (2nd edn, Wolters Kluver, 2012)
- Hoekman, B. and M. Kostecki, The Political Economy of the World Trading System. From GATT to WTO (3rd edn, Oxford University Press, 2009).
- Jackson, J. H., The World Trading System: Law and Policy of International Economic Relations (Cambridge, MA, MIT, 1997).
- Jackson, J. H., W. J. Davey, et al., Legal Problems of International Economic Relations. Case, Materials and Text on the National and International Regulation of Transnational Economic Relations (5th edn, St Paul, Minnesota, West Group, 2008).
- Matsushita, M., P. Mavroidis and T. J. Schoenbaum, The World Trade Organization: Law, Practice and Policy (2nd edn, Oxford University Press, 2006).
- Trebilcock, M. and R. Howse, The Regulation of International Trade (4th edn, Routledge, 2012).
- J.E. Viñuales, The International Law of Energy (CUP, 2022).
- Leal-Arcas, R. et al., International Energy Governance: Selected Legal Issues, (Edward Elgar, 2014).
- Leal-Arcas, R., Climate Change and International Trade, Edward Elgar, 2013.
- Leal-Arcas, R., International Trade and Investment Law: Multilateral, Regional and Bilateral Governance (Edward Elgar, 2010).
- D. Bodansky, J. Brunnée, and L. Rajamani, International Climate Change Law (OUP, 2017).
- Daniel C. Esty, Greening the GATT: Trade, Environment, and the Future (Washington: Institute for International Economics, 1994).
- Cottier, T., Nartova, O., & Bigdeli, S. (eds.) International Trade Regulation and the Mitigation of Climate Change (Cambridge University Press, 2009).
- Pauwelyn, J. (ed.) Global Challenges at the Intersection of Trade, Energy and the Environment, Geneva: Centre for Trade and Economic Integration, 2010.
- Hufbauer, G., Charnovitz, S. & Kim, J., Global Warming and the World Trading System, Washington, DC: Peterson Institute for International Economics, 2009.
- Audley, J. Green, Politics and Global Trade: NAFTA and the Future of Environmental Politics (Georgetown University Press, 1997).
- Esty, D., Greening the GATT: Trade, Environment, and the Future, Institute for International Economics, 1994.
- Sampson, G. & Chambers, W. (eds.) Trade, Environment, and the Millennium, United Nations Press, 2000.
- Sampson, G. Trade, Environment, and the WTO: The Post-Seattle Agenda, Overseas Development Council, 2000.
Contenuti
The purpose of this course is to examine the economic interaction between States as well as the economic relationships between states and non-government entities. 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, international monetary relations, investment, sustainable development (energy and IP), and regional economic integration principles. The module also covers GATT/WTO, thus analysing the basic law of the world trading system.
The module offers an analysis of international trade law governing foreign investments and its relationship to public policy. Firstly, it identifies and examines the sources, scope and content of the substantive international law rules that determine investor-State relationships and discusses their application in practice. Secondly, it explores from a theoretical and a practical perspective the role and policy goals of international trade law, focusing on the relationship between investment promotion and protection. This module is suitable for students interested in acquiring a thorough and deep understanding of international trade law, as well as critically assessing the role and objectives of international investment law and their 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 investment law and policy.
For each topic relevant journal articles will be provided as a main reference for class preparation through the course website.
The module offers an analysis of international trade law governing foreign investments and its relationship to public policy. Firstly, it identifies and examines the sources, scope and content of the substantive international law rules that determine investor-State relationships and discusses their application in practice. Secondly, it explores from a theoretical and a practical perspective the role and policy goals of international trade law, focusing on the relationship between investment promotion and protection. This module is suitable for students interested in acquiring a thorough and deep understanding of international trade law, as well as critically assessing the role and objectives of international investment law and their 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 investment law and policy.
For each topic relevant journal articles will be provided as a main reference for class preparation through the course website.
Risultati di Apprendimento Attesi
On the completion of the module, students will be expected to:
Subject-specific
- Identify and analyse the sources, scope and content of substantive international trade law rules.
- 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 give advice about 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 balancing.
- 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.
Subject-specific
- Identify and analyse the sources, scope and content of substantive international trade law rules.
- 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 give advice about 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 balancing.
- 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.
Criteri Necessari per l'Assegnazione del Lavoro 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.
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.
Corsi
Corsi
GLOBAL MANAGEMENT AND POLITICS
Laurea Magistrale
2 anni
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