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Law of the World Trade Organization

2019/2020
Учебный год
ENG
Обучение ведется на английском языке
4
Кредиты
Статус:
Курс по выбору
Когда читается:
3-й курс, 1, 2 модуль

Преподаватели

Программа дисциплины

Аннотация

The course provides a comprehensive analysis of the system of the law of the World Trade Organization. The course secures an advanced scrutiny of the WTO agreements as interpreted in case law and state practice, and addresses the matters of the implementation of those rules into the national legal systems. The course puts particular emphasis on the issues of technical barriers to trade, sanitary and phytosanitary measures, subsidies, trade in services and international intellectual property protection as applied by national authorities and reviewed in the WTO milieu. A part of the case is devoted to the matters of international investment law within the WTO system and beyond
Цель освоения дисциплины

Цель освоения дисциплины

  • The course develops the skills of students to interpret and apply the WTO agreements, interpret and apply the findings of the WTO Dispute Settlement Body, formulate the position of national authorities in international trade disputes, structure a foreign investment to foresee the related legal risks. Following the successful completion of the course, the student shall obtain the following skills and knowledge: ability to apply the rules of the WTO Agreements and plead the case based on WTO rules before domestic and international courts and tribunals; ability to provide a reasoned and concise legal advice on the given cases in the field; ability to develop and prepare a draft part of the legal pleadings before an international tribunal; ability to deal with the constructed moot situations and cases, develop the solutions
Результаты освоения дисциплины

Результаты освоения дисциплины

  • Develop the skills in the field of legal analysis, research and application
  • Develop the skills in the field of judicial work and in the field of law enforcement
  • Develop the skills in the field of legal analysis of documents, skills of legal opinions and pleadings drafting
  • Mitigation of legal risks, legal opinions and pleadings drafting
  • Skills of students to interpret and apply the WTO agreements developed
  • Skills of students to interpret and apply the findings of the WTO Dispute Settlement Body developed
  • Skills of students to formulate the position of national authorities in international trade disputes developed
  • Skills of students to structure a foreign investment to foresee the related legal risks developed
Содержание учебной дисциплины

Содержание учебной дисциплины

  • Key Principles of International Trade as Applied by the WTO DSB
    WTO rules on non-discrimination. Most-favoured nation and national treatment: scope and interrelation. Border measures and domestic measures. The concept of ‘product likeness’ in Articles I and III of the GATT. Likeness criteria for the Articles III.2 and III.4. Border Tax Adjustments list and the rejection of the ‘aims-and-effect’ test (Japan – Alcoholic Beverages). The interpretation of the provisions by the Dispute Settlement Body. Articles XX and XXI of the GATT. Panel decision in the case Russian Federation – Goods in Transit
  • Technical Barriers to Trade
    Agreement on technical barriers to trade. The scope of the Agreement. The basic principles of regulation. Product-related and non-product-related PPMs. De facto technical regulation (US – Tuna II). Legitimate regulatory distinction and legitimate objectives for the imposition of technical rules (US – Clove Cigarettes and EC - Seals). The concept of an international standard. Standardization bodies. Agreement on the application of sanitary and phytosanitary measures. The role of scientific evidence and experts in WTO dispute resolution. The rules on technical regulation in the Eurasian Economic Union
  • Sanitary and Phytosanitary Measures
    The basic principles of the Agreement on the application of sanitary and phytosanitary measures. Scope of coverage of the agreement and division of scope of coverage with the Agreement on technical barriers to trade. Role of scientific evidence. Risk assessment: forms and requirements. Precautionary principle and its status under international law. International standards and regionalization. Genetically modified organisms as particular items for domestic regulation
  • Agriculture in the WTO rules
    Agreement on agriculture: history and negotiations history. Tariffication concept and non-tariff measures in the regulation of agriculture. Variable import duties and levies (Chile – Price Band Systems). Aggregate measurement of support and its calculation. ‘Boxes’ of domestic support and the rules on subsidization in agriculture. Food safety and the food trade impact of climate change
  • Subsidies and other forms of state support (aid) within the WTO
    The Agreement on Subsidies and Countervailing Duties. The definition of a subsidy. The concept of a benefit. Forms of subsidization. Specific subsidies. Export subsidies and import substitution subsidies. Feed-in tariff schemes and the definition of a market (Canada – Feed-in tariffs). Subsidization of ‘green energy’. Actionable subsidies. Countervailing duties. The anti-subsidy investigation and the procedural rights of the participants
  • Foreign investment protection in the WTO and beyond
    The scope of the TRIMS Agreement. Local content requirement and value added through labour. The Illustrative list to the TRIMS Agreement. Bilateral investment treaties and investor-state arbitration. ICSID and the other international investment tribunals. The definitions of the investor and foreign investment. National mechanisms of investment screening and control. The future of foreign investments protection in the WTO. Case study: Philip Morris v. Australia on Plain Packaging
  • Trade in services
    The advent of services regulation during the Uruguay Round. NAFTA and the GATS. The scope, system of the GATS and the general principles of trade in services. The difference of regulation between the GATT and the GATS. The schedules of specific commitments: reading and interpretation (US - Gambling). Annex on financial services. The ongoing negotiations on services in the Doha Development Agenda
  • Protection of intellectual property in international economic law
    General standards of IP protection under WIPO and WTO law. Basic principles of international IP regulation: territoriality principle, principle of national treatment, first sale exhaustion principle. International copyright law: Berne convention, WIPO copyright treaty, TRIPS agreement. Scope and sources of international industrial property protection. International registration of patents, patentability requirements, scope of patent protection, compulsory licenses, limitations of patent rights. International system of IP enforcement
Элементы контроля

Элементы контроля

  • неблокирующий Created with Sketch. Written homework
    Written homework is drafting a part of the final award of an international tribunal on the presence / absence of expropriation in the given circumstances. Students should the elements and forms of expropriation, identify the corresponding tests, apply the tests to the case at hand, and make reasoned conclusions. Short and concise reasoning is highly appreciated. Students should limit the written homework to 1500 words
  • неблокирующий Created with Sketch. In-class online discipline written assessment
    In-class online discipline written assessment takes form a resolution of two practical cases, based on the material covered in the online discipline. Students are informed on the date of the in-class online discipline written assessment no less than 7 days beforehand. The in-class written assessment is open book, students could use any materials and devices they consider appropriate. The duration of the assessment is 30 minutes
  • неблокирующий Created with Sketch. Written exam
    The written exam takes form of a resolution of two practical cases based on the course material. Students need to demonstrate the knowledge of WTO law and jurisprudence, as well as demonstrate the skills of argumentation. Students are informed on the date of the written exam no less than 7 days beforehand. The written exam is open book, students could use any materials and devices they consider appropriate. The duration of the assessment is 90 minutes
Промежуточная аттестация

Промежуточная аттестация

  • Промежуточная аттестация (2 модуль)
    0.2 * In-class online discipline written assessment + 0.6 * Written exam + 0.2 * Written homework
Список литературы

Список литературы

Рекомендуемая основная литература

  • Stoll, P.-T., & Schorkopf, F. (2006). WTO : World Economic Order, World Trade Law. Leiden: Brill | Nijhoff. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsebk&AN=202942

Рекомендуемая дополнительная литература

  • Delimatsis, P. (2007). International Trade in Services and Domestic Regulations: Necessity, Transparency, and Regulatory Diversity. Oxford University Press. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsrep&AN=edsrep.b.oxp.obooks.9780199533152
  • Peel, J. (2011). Regulating Health and Environmental Risks under WTO Law: A Critical Analysis of the SPS Agreement. By LUKASZ GRUSZCZYNSKI. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edsbas&AN=edsbas.DF630212